[HISTORY: Adopted by the Township Committee
of the Township of Maplewood 7-7-1998 by Ord. No. 2067-98. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 257.
As used in this chapter:
The operation of a tow truck in and upon a roadway within
the Township of Maplewood to solicit vehicle towing and/or storage
business except in response to a police request.
A tow truck with dual wheels, capable of towing large trucks
and shall meet the following minimum requirements: gross vehicle weight
(GVW), 30,000 pounds; gross combination weight rating (GCWR), 80,000
pounds; boom rating, 50,000 pounds; winch rating, 50,000 pounds; cable
size and length, 5/8 inch and 200 feet; equipped with chassis lift;
and extended rating, 12,000 pounds.
A vehicle leased by the licensee through a leasing company
and showing the licensee on the registration as the owner or lessee.
If the registration is such that the lessee is not listed, the licensee
will be required to show a lease agreement.
The document approved and issued by the Township of Maplewood
granting the privilege to tow and store vehicles and perform other
towing operations for the Township of Maplewood.
A towing operator having a license granted by the township
pursuant to the provisions of this chapter.
A tow truck with dual wheels, capable of towing passenger
cars and shall meet the following minimum requirements: GVW, 14,000
pounds; GCWR, 18,000 pounds; boom rating, 8,000 pounds; winch rating,
8,000 pounds; cable size and length, 3/8 inch and 100 feet; wheel
lift retracted rating, 6,000 pounds; and extended rating, 3,000 pounds.
A car carrier of the rollback and tilt-type, with dual wheels,
capable of removing and transporting passenger cars damage free and
shall meet the following minimum requirements: GVW, 14,500 pounds;
winch rating: 8,000 pounds; cable size and length, 3/8 inch and 50
feet; Bed length, 16 feet; bed width, 84 inches inside side rails;
wheel lift retracted rating, 6,000 pounds; and extended rating, 3,000
pounds.
A tow truck with dual wheels, capable of towing small trucks
and shall meet the following minimum requirements: GVW, 18,000 pounds;
GCWR, 30,000 pounds; boom rating, 16,000 pounds; winch rating, 16,000
pounds; cable size and length, 1/2 inch and 200 feet; wheel lift retracted
rating, 10,500 pounds; and extended rating, 8,500 pounds.
A car carrier of the rollback- and tilt-type, with dual wheels,
capable of removing and transporting small trucks, full-size vans
or large passenger cars damage free and shall meet the following minimum
requirements: GVW, 18,000 pounds; winch rating, 8,000 pounds; cable
size and length, 3/8 inch and 50 feet; bed length, 19 feet; bed width,
84 inches inside side rails; wheel lift retracted rating, 6,000 pounds;
and extended rating, 3,000 pounds.
An individual or entity who or which owns or leases and/or
operates, parks or abandons a vehicle within the township.
The Police Department of the Township of Maplewood or of
any jurisdiction having authority in the subject matter.
The business office of an applicant/license, where the licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Township of Maplewood.
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas or other services that
do not require towing.
The storage, housing or holding of vehicles, indoors or outdoors
by a licensee under authority of this chapter.
A towing license, authorized by the Chief of Police and issued
by the Township of Maplewood, for the purpose of replacing a current
license, whether that replacement be due to the closing of the business
or the revocation of the licensee's towing license for a violation
of this chapter. This license is for emergency situations only, and
the cost will be pro rated on a monthly basis.
An individual or entity engaged in the business of providing
towing and storage services.
The towing service and/or on-site vehicle repair, including
tire changes, jump starts or furnishing fuel, rendered by a towing
operator.
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles.
The time a licensee has equipment and personnel waiting at
a scene to perform a towing operation.
No towing operator shall operate within the
township for police-requested towing services and/or storage services
unless the towing operator has obtained a license issued by the township.
A.
Owner-requested service. No license shall be required
for the on-site repair and/or towing or storage of any vehicle when
the request therefor is received by the towing operator from the owner
or the owner's agent prior to a police request therefor.
B.
Towing from private property. No license shall be
required by the police to tow any vehicle from private property with
the consent of the owner and private property owner except on the
express instruction of the police in the event of an emergency.
Licenses to tow shall be issued for one calendar
year commencing January 1 of the calendar year.
A.
Form; required information. An application for a license
shall be in writing, signed by the applicant on the form furnished
by the township, and shall contain all information necessary to evidence
the applicant's identity and legal address, compliance with the requirements
of this chapter and ability to perform the towing services and storage
services contemplated by this chapter.
A.
Reference to Chief of Police. Applications received
by the Township Clerk shall be referred within two business days to
the Township Chief of Police for his review.
B.
Inspection/recommendations. After such examination
of the applications and such inspections as the Township Chief of
Police may consider necessary to evaluate the applicant's compliance
with and ability to continue to comply with the requirements of this
chapter, the applications shall be returned to the Township Clerk
with the recommended approval or disapproval of each application by
the Township Chief of Police based upon his/her examinations, inspections
and evaluations.
C.
Applicants and licensees shall cooperate with any
and all investigations conducted by the Township Chief of Police or
his/her designee or other law enforcement agency working in conjunction
with the township police. The requirement of cooperation shall continue
throughout the period of application, the duration of the license
and the storage of vehicles even if a license is no longer in effect.
A license may be denied for fraud, misrepresentation or false statement
in the application.
A.
Authorization. The Township Committee shall, at a
public meeting, by resolution, authorize the issuance of not more
than four licenses after consideration of the applications and the
recommendations of the Township Chief of Police. Minor irregularities
in the application may be waived by the Township Committee. In the
event that more than four applicants qualify for a license, the names
of all qualified applicants shall be placed in a bowl, on uniform
slips of paper with the identity of every applicant concealed, and
the Township Clerk shall draw four slips from the bowl after all applicants
have received at least 10 calendar days notice of the time and place
where the drawing will occur. Licenses shall be issued to each of
the four applicants selected at the drawing. Licenses shall be reevaluated
every year and must have the recommendation of the Chief of Police
prior to the new license being issued.
The following schedule of nonrefundable fees
is adopted for the obtaining of a towing license:
A.
General.
(1)
The Township Committee shall have the right to suspend
or revoke any license issued under this chapter for good cause upon
written complaint of the Chief of Police following his determination
that there is probable cause for suspension or revocation based upon
violation of this chapter.
(2)
A license may be denied, suspended or revoked for
fraud, misrepresentation or false statement in the course of conducting
the towing operation, for violation of this chapter or for the conviction
of the applicant, its officers or a person or entity holding a 10%
or larger interest in the applicant, of a crime involving moral turpitude
or relating to the towing business. A license may also be denied if
the applicant has had a towing license or contract revoked while working
for any other municipal, county or state agency. Such revocation shall
have occurred within a twelve-month period prior to making application
to the Township of Maplewood.
(3)
Written notice of such complaint and the basis of
the complaint shall be given to the licensee, and the licensee shall
be entitled to a hearing before the Township Committee prior to final
determination of the complaint by the Township Committee. If, after
the hearing, a majority of the members of the Township Committee present
and voting decide that there has been a violation, they may terminate
or suspend the license.
B.
Emergency suspension. A license may be suspended by
the Township Chief of Police whenever the Chief, in his reasonable
judgment, considers such suspension necessary for reasons of safety
or has reason to believe that the licensee is not covered by the insurance
required by this chapter. Such suspension shall continue until terminated
by the Chief, provided that if the suspension is not terminated within
three business days, the Chief shall file a complaint for suspension
or revocation as required, and the suspension shall remain in effect
pending a determination of the complaint.
C.
Temporary license.
(1)
In the event of an emergency suspension or other failure
of the licensee to perform its duties under this chapter, the Chief
of Police may issue a temporary license to a towing operator to operate
during any licensee's failure to perform should the replacement of
said licensee be deemed necessary. The issuance of a temporary license
shall be reported to the Township Committee immediately upon issuance.
[Amended 9-15-1998 by Ord. No. 2075-98]
(2)
Temporary licenses may be issued for a thirty-day
period which may be extended for two additional thirty-day periods.
A.
Required equipment. A towing operator, when filing
an application for and at all times while holding a license under
this chapter, shall own or lease for use in performing the services
required by the license the following items of equipment:
(1)
Two light-duty wreckers or flat beds, both types to
be equipped with wheel lift.
(2)
One medium-duty wrecker with wheel lift.
(3)
Two medium-duty flatbed trucks with wheel lift.
(4)
One heavy-duty wrecker with chassis lift/underreach.
|
NOTE: The above-mentioned equipment
classes (light/medium/heavy) must meet the standards as stated in
this chapter.
|
(6)
Auxiliary safety light kit to be placed on the rear
of a towed vehicle that does not have functioning tail light flashers.
(7)
Rotating amber emergency lights mounted on top of
the truck (state-issued permit required; must be in truck).
(8)
Two white work lights facing the rear of the vehicle.
(9)
Two safety cones w/reflective strip (minimum height
18 inches).
(10)
One shovel.
(11)
One broom.
(12)
Steering wheel tie-down.
(13)
Two-way communication system, radio or cellular,
with communication between the licensee's base and all of the required
trucks, as well as from truck to truck.
(14)
Jumper cables or jump box.
(15)
One fuel can capable of carrying five United
States gallons of fuel.
(16)
Toolbox with assorted hand tools.
B.
Tow truck lettering. All tow trucks operated by the
licensee shall be permanently lettered on both sides in accordance
with N.J.S.A. Title 39. Newly purchased vehicles will be allowed a
four-week grace period during which time a pair of magnetic signs
may be used.
C.
Required communication. Licensee shall maintain a
twenty-four-hour telephone number which is manned by the licensee's
personnel. Such personnel must have constant two-way communication,
radio or cellular, with the licensee's vehicles. Telephone calls may
be forwarded from the principal business location to a residence during
evening hours as long as two-way communication can be maintained with
licensee's vehicles.
D.
The licensee shall notify the Township Chief of Police
of any change in equipment during the license period. Should the licensee
fail to notify the Chief of Police of any change in equipment, this
may be cause for termination of the license.
[Added 9-15-1998 by Ord. No. 2075-98]
A.
Inside building secured storage.
(1)
Each licensee shall have an inside building secured
storage space sufficient to accommodate at least three vehicles for
exclusive use of the Police Department in connection with vehicles
being held as evidence or under investigation. All storage areas must
meet the requirements of N.J.A.C. 11:3-38.2 (definitions) which states:
" 'Inside buildings' means a vehicle storage facility that is completely
indoors, having one or more openings in the wall, for storage and
removal of vehicles and that is secured by a locking device on each
opening." Inside building secured storage must be within three driving
miles of 574 Valley Street, Maplewood, New Jersey.
(2)
The inside building storage space shall be capable
of being locked/safeguarded against access by unauthorized persons/employees.
B.
Outside secured storage. Each licensee shall have
an outside secured storage area to accommodate at least 50 vehicles
at any one time. All storage areas must meet the requirements of N.J.A.C.
11:3-38.2 (definitions) which states: " 'Outdoor secured' means an
automobile storage facility that is not indoors and is secured by
a fence, wall or other man-made banner, that is at least six feet
high and is installed with a passive alarm system or a similar on-site
security measure." The facility is to be lighted at night. Outside
secured storage must be within three driving miles of 574 Valley Street,
Maplewood, New Jersey.
C.
Equipment facility. Each licensee shall have an area
and facility adequate for the storage and servicing of the required
equipment specified in this chapter when not in use. Such equipment
must be within three driving miles of 574 Valley Street, Maplewood,
New Jersey.
D.
Location/hours/condition. The required storage and
equipment facilities shall be as follows:
(1)
The principal location must be within three driving
miles of 574 Valley Street, Maplewood, New Jersey.
(2)
The outside secured storage facility (50 vehicle capacity)
and inside building secured storage facility (three-vehicle capacity)
must be within three driving miles of 574 Valley Street, Maplewood,
New Jersey.
(3)
The hours of recovery of vehicles from storage shall
be no less than Monday through Friday, 8:00 a.m. to 5:00 p.m. and
Saturday, 9:00 a.m. to 3:00 p.m., and prominently posted at all of
the above-mentioned facilities of the licensee and also made available
at Township Police Headquarters. The vehicle shall be made available
by the licensee immediately upon an emergency request by the Township
Police Department. Facilities shall be kept clean and in good order
to accommodate persons who may enter facilities with respect to any
vehicles stored therein. The principal location, in addition to the
above-mentioned items, shall have adequate rest room facilities, with
running water, that are clean and in good working order available
to persons who may enter the facility with respect to any vehicle
towed by the licensee.
E.
Unsecured outside storage. No unsecured storage area
of any kind will be permitted for use by the licensee.
A.
All tow truck drivers must have an appropriate, valid
New Jersey driver's license with no restrictions or conditional endorsements
except conditions requiring glasses. Each driver/employee shall be
of good moral character, mentally alert and present a neat appearance
at all times. Drivers and employees shall wear clothing bearing the
licensee's name. Drivers and employees shall behave in a professional
and courteous manner at all times when dealing with the Police Department
and the public. Possession of a commercial license with appropriate
endorsements when required by law shall be a minimum mandatory requirement
of this chapter.
B.
Light- and medium-duty drivers must obtain Level 1
driver certification from a tow truck operators' training course.
New hires must obtain certification within nine months from the start
of employment.
C.
Heavy-duty drivers must obtain Level 2 driver certification
from a tow truck operators' training course. New hires must obtain
certification within nine months from the start of employment. Heavy-duty
drivers must have CDL endorsement on their license.
D.
Recovery supervisor must obtain Level 3 driver certification
from a tow truck operators' training course within nine months of
availability and have training from an industry-recognized recovery
course. On the recovery scene, not all personnel need to be recovery
qualified but a responsible recovery supervisor must have the listed
requirements.
E.
The licensee must certify that it has provided ongoing
training and education of its employees. The towing operator shall
show proof of a minimum of six hours of training per employee per
year. If good cause exists to question the training, knowledge or
driving record of any tow truck driver or other personnel, the Township
Police Department shall inform the applicant or licensee which shall
then be given an opportunity to show cause to the contrary.
F.
At the time of the application or at any time a new
tow truck driver is assigned, the licensee shall submit to the Township
Clerk the name, driver's license number, social security number and
date of birth of the tow truck driver prior to the driver's operation
of any tow truck pursuant to a Township Police Department request.
G.
No licensee shall employ, directly or indirectly,
any officers of the Township Police Department.
Towing and storage services shall be governed
by the following provisions:
A.
The schedule when a licensee will be on duty will
be set by the Township Police Department's Traffic Bureau and approved
by the Chief of Police.
B.
A licensee will respond to all police requests for
towing and/or road service when requested by a police dispatcher or
any other police officer expressly authorized to communicate such
a request. The licensee will respond with the number of tow trucks
requested to the scene within a reasonable time. Such "reasonable
time" shall be deemed to be within 20 minutes under normal atmospheric
conditions.
C.
If a licensee is wholly or partially unable to respond
due to failure of any equipment or personnel insufficiencies, the
licensee will immediately notify the Police Department who will contact
the next towing company in the rotation to handle the request. If
such an incident occurs, the licensee will furnish, in writing within
five business days, the details of the circumstances which caused
the failure to respond to the Township Police Department's Traffic
Bureau, which will make a determination if a follow-up investigation
and/or inspection of the licensee's facility is required.
D.
Tow trucks of a licensee shall not cruise roadways
within the township for business and shall not respond to any scene
where towing may be required except under request of the Township
Police Department or as permitted under this chapter.
E.
No rotating or flashing lights or sirens shall be
used on a tow truck, except as permitted by the New Jersey Department
of Motor Vehicles (NJDMV)/Department of Transportation (DOT) (N.J.S.A.
39:3-50) and all vehicles operated by the licensee shall have a current
permit for said lights issued by the DOT along with all other required
vehicle documents.
F.
All tow trucks shall be operated in accordance with
all existing traffic regulations and in a safe and prudent manner.
Tow truck drivers will request police assistance when they find it
necessary to turn around, back up, tow in a direction opposite the
flow of traffic, cross a median or other hazardous situation during
the course of providing service or towing.
G.
Each licensee will be responsible for all vehicles
and visible contents in their custody that are towed off the roads
under direction of the police and shall make an inventory at the scene
to note such contents of each vehicle.
H.
No vehicle will be removed from any roadway within
the township without proper authorization from the police at the scene
or the vehicle owner or operator as the case may be.
I.
No licensee shall be required to tow to an area farther
than the licensed storage area between the hours of 6:00 p.m. and
8:00 a.m. unless said licensee agrees to tow farther. If licensee
agrees to tow farther than the licensed storage area between the hours
of 6:00 p.m. and 8:00 a.m., he/she will only do so if adequate towing
coverage will be available to the township.
J.
The investigating officer and/or supervisor at the
incident scene is in complete charge of the incident scene, excluding
actual towing operations, and all tow truck drivers shall comply with
the officer/supervisor's instructions.
K.
Each licensee, prior to departing from the scene of
the towing services, shall be required to clean and clear the roadway
of any debris resulting from any accident at such scene when rendering
towing services and at all times carry the necessary equipment to
perform such cleaning services. Such equipment shall minimally include
but is not limited to a broom and a shovel. The licensee may charge
the owner's insurance company for the services rendered.
L.
In the event that a licensee refuses to tow or render
services at the scene of an accident or disabled vehicle when requested
by the police or vehicle owner/operator, the officer assigned to the
incident shall report the refusal to his supervisor with all pertinent
details. Police Department standard operating procedure will be followed
to secure a service to clear the scene and the report of the refusal
shall be forwarded to the Township Chief of Police and Township Traffic
Bureau as soon as possible for evaluation and follow-up of the licensee's
refusal to perform its obligation under the license. No towing operator
shall be required to tow any vehicle in an unsafe manner or in such
a way as to cause unnecessary damage to the vehicle towed or that
may cause damage to the towing vehicle.
M.
Each licensee shall be required to keep up-to-date
records of all vehicles towed in conjunction with this license. Each
licensee shall provide the Township Police Traffic Bureau with a list
of all vehicles towed by order of the police (impounded) that remain
unclaimed in storage every Friday by 12:00 noon.
[Amended 9-15-1998 by Ord. No. 2075-98; 2-2-1999 by Ord. No. 2089-99; 3-17-2020 by Ord. No. 2987-20]
Towing and storage services shall be paid by the owner of a
vehicle towed and/or stored by a licensee at the request of the police
as follows:
A.
Towing services. The following is the fee schedule for towing services:
(1)
Day/night, including holidays: $150 within the Township of Maplewood
or to the licensee's storage facility. An additional $5 per mile
one way may be charged by the licensee for all other tows.
C.
Road service: $100, plus cost of materials (gas, etc.).
D.
Administrative fee: $25. This fee may be charged only once to a party
other than the owner of a towed or stored vehicle.
E.
Yard fee: $40 (to tow vehicles out of a storage facility that cannot
be moved under their own power).
F.
Debris cleanup: $50 per accident.
G.
Winching: $210 per 30 minutes or part thereof.
H.
Waiting time: After 15 minutes, $45 per 30 minutes or part thereof.
I.
Heavy-duty towing: $400 per 30 minutes or part thereof.
J.
The licensee shall accept a minimum of two major credit cards, 24
hours per day, and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
K.
The Township and its Police Department shall not be liable to a licensee
with respect to towing and/or services rendered to any owner pursuant
to the license or otherwise. The licensee shall look to the registered
owner of such vehicle for payment of towing and/or storage service
charges or any other compensation.
L.
If a vehicle is towed by a licensee to premises controlled by the
Police Department for the purpose of utilizing the vehicle or its
contents as evidence, or in an on-going criminal investigation, such
vehicle shall not be released from Police Department custody, except
to the licensee, unless the owner of the vehicle furnishes the Police
Department with a receipt that all applicable fees for towing and/or
service has been paid in full. A second fee may be charged if the
vehicle is removed to the licensee's storage area or other destination
desired by the police or vehicle owner. If a vehicle is released by
the police to any party, other than the licensee, without proper receipt,
the township shall be responsible for all charges, but may pursue
its remedy against the owner or other persons responsible.
The licensee shall have in effect, prior to
application and at all times during the term of the license, the following
insurance:
A.
Garage keepers' liability policy in the amount of
$500,000 for any one claimant and $1,000,000 for more than one claimant,
with $500,000 coverage for property damage to any one event.
B.
Liability coverage.
(1)
Automobile liability insurance issued by a financially
sound insurance company of or authorized to transact business in the
State of New Jersey, insuring the licensee and every tow truck operator
against liability imposed by law for damages because of bodily injury,
including death, sustained by any person and injury to or destruction
of property, including the loss of use thereof, caused by accident
and arising out of the ownership, maintenance or use of the tow trucks
of the licensee.
(2)
The amount of the limits of liability coverage to
be offered by such policy shall be $500,000 for bodily injury to each
person, $1,000,000 for bodily injuries in each accident and $500,000
for property damage in each accident.
C.
The licensee shall supply a certificate of insurance
to the Township Clerk describing every policy of insurance and identifying
the township as an insured party. Each such certificate of insurance
shall contain a provision that no cancellation of the policy shall
become effective until after the expiration of 15 days written notice
of such proposed cancellation forwarded by the insurance company to
the Township Clerk.
The application of any towing operator for a
license pursuant to this chapter shall include an agreement by the
towing operator that, upon the issuance of a license, the licensee
shall indemnify the township against all claims of third parties relating
to towing and/or storage service of the licensee.
The Township Police Department shall provide,
when requested, towing operators with Department of Motor Vehicle
information regarding registered owners and lienholders. The information
requested and given shall be in conformance with N.J.S.A. 39:10A-1
et seq. and shall not in any way violate the confidentiality that
is reposed in the Police Department.
A.
The Township Chief of Police may issue rules and regulations
from time to time on the operation of towing services and storage
facilities to implement but not exceed the purpose of this chapter.
B.
Such rules and regulations shall be issued by publication
in a newspaper in the township. Copies shall be mailed to any and
all towing operators licensed by the township or any interested parties
who shall request such copies.
C.
Towing operators may, in writing, request a hearing
before the Township Business Administrator within 30 days of the issuance
of the rules and regulations.
The Township Chief of Police is hereby designated
to enforce the provisions of this chapter in accordance with due process
of law.
Copies of such rules and regulations, this chapter
and the fee schedules of the licensees shall be made available to
the public at the Township Police Headquarters during normal business
hours.
