[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport 3-7-1996 by Ord. No. 675 (Ch. 60 of the 1970 Code),
as amended through 2-4-1999 by Ord. No. 709[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 64.
For the purpose of this chapter, the following
terms shall have the meanings set forth herein:
Any building or property, other than a private garage, available to the public, operated as a business and which is used for the storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of automobiles or other motor vehicles and, if located within the Borough of Oceanport, which complies with the provisions of Chapter 390, Zoning.
A motor vehicle, including but not limited to a wrecker,
tow truck or flatbed truck, employed for the purpose of towing, transporting,
conveying and removing any vehicle without causing damage to the vehicle
being towed or transported.
Includes but is not limited to automobiles, trucks, tractors,
trailers, motorcycles, minibikes, mopeds, go-carts, trail bikes, buses,
ski mobiles, farm equipment or any other mechanically powered conveyance
which shall become disabled or required to be towed from the scene
of an accident or in order to safeguard the public health, safety
and welfare.
Applications for licenses issued under this
regulation shall be made upon forms made available by the Chief of
Police. An application fee of $16 to cover administrative expenses
must be paid in full at the time of the submission of the completed
application. The application shall include the following information:
A.
The description, by make, model, license number, year,
vehicle identification number and color, of all towing apparatus for
which licenses are requested, together with the principal location
at which the towing apparatus will be maintained.
B.
The block and lot number and mailing address of the
garage at which the applicant has space available for properly accommodating
and providing for the security of all towed motor vehicles. The storage
facility must be able to accommodate at least 10 motor vehicles. The
location of the storage facility and the location where their wreckers
are principally housed may not be more than three driven statute miles
over roadways leading to and from the boundaries of the Borough of
Oceanport. In order to ensure the prompt clearing of Oceanport roadways
and further ensure the safety of drivers and stranded motorists, priority
will be given applicants who meet the above-referenced criteria and
are closest in statute miles over roadways leading to and from the
boundaries of the Borough of Oceanport.
[Amended 12-23-2009 by Ord. No. 876; 3-6-2014 by Ord. No. 928]
C.
A letter from the Zoning Officer of the municipality in which the premises is located verifying that the storage of motor vehicles is a permitted use upon the premises where the garage is located. At no time shall there be more vehicles stored upon the premises where the garage is located than that permitted by Chapter 390, Zoning, or the municipality where vehicles are stored.
D.
The certificates of required insurance.
E.
A fully executed employment nondiscrimination statement.
F.
Certification that the applicant is in full compliance
with all state and federal laws and regulations concerning wages,
hours and terms of employment.
G.
A copy of a mercantile license issued to the business
if the municipality wherein the business is located requires such
license.
[Amended 12-23-2009 by Ord. No. 876; 3-6-2014 by Ord. No. 928]
Upon this chapter becoming effective, applications shall be received by the Chief of Police during the thirty-day period immediately following and shall be acted upon in accordance with the provisions of this chapter. The Chief of Police shall recommend to the Mayor and Council the issuance of towing licenses for their consent and approval. All licenses issued under this chapter shall expire on the last day of December next succeeding the date of issuance. Prior to renewal of any license issued hereunder, the Chief of Police shall conduct a review of all license holders to assess their compliance with the terms and provisions of the within ordinance and, if applicable, Chapter 390, Zoning.
Within 30 days after the receipt of an application,
the Chief of Police shall cause an investigation to be made of the
applicant and his or her proposed business operation and shall make
or have made an inspection of the towing apparatus proposed to be
used in connection therewith. All applicants and/or operators shall
be fingerprinted, and a license shall not be issued to a person convicted
of a crime of moral turpitude. The Chief of Police may delegate the
inspection of the towing apparatus to a person or persons who shall
make such an inspection and who shall report to the Chief of Police
whether the towing apparatus is in a condition that will not interfere
with the public health, safety and welfare and complies with the requirements
and standards of this chapter. Upon completion of the investigation
and inspection, the Chief of Police shall either refuse to approve
the application or shall approve the application in accordance with
the standards herein provided and shall inform the applicant of his
decision.
The Chief of Police shall approve an application
when he finds that the following requirements have been met by the
applicant:
A.
The insurance policies as required have been procured
and supplied.
B.
The applicant has at least one wrecker/tow truck in
use and operation in order to assure the efficient and diligent dispatch
of towing apparatus upon the request of the Police Department.
C.
The requirements of this chapter and all other applicable
laws, statutes and ordinances have been complied with.
D.
All towing apparatus proposed to be used have been
properly licensed and conform to the State Motor Vehicle Laws.
E.
The towing apparatus to be approved meet the required
minimum standards as set forth herein.
F.
The towing contractor must be able to respond to all
calls for service by the Oceanport Police Department within a reasonable
amount of time, preferably 10 minutes but not more than 30 minutes.
Although it is stated in other sections of this chapter, failure to
meet this time requirement will initially result in the Police Department
calling the next wrecker in the rotation; however, any two failures
to comply with the required response time could result in the offending
wrecker service being dropped from the list and revocation of its
license.
[Amended 3-6-2014 by Ord. No. 928]
G.
Payment of a $50 licensing fee.
H.
There shall be no charge for any towing of any municipally owned
vehicle to a location within five driven miles of the boundaries of
the Borough of Oceanport.
[Added 3-6-2014 by Ord. No. 928]
The following shall serve as a minimum standard for towing apparatus. A wrecker or tow truck or flatbed truck shall be capable of handling, removing and towing any vehicle as defined in § 361-1 of this chapter and must have or be equipped with the following:
A.
All wreckers and towers and flatbed trucks shall have
a minimum weight of one ton, according to the manufacturer's specifications.
B.
A power takeoff or an adequate electric-operated winch
with a minimum cable thickness of three-eighths-inch steel.
C.
A three-eighths-inch safety chain. The lift chair
and the safety chain are not to be attached in any form or manner
to the same part of the tow truck or wrecker or a flatbed truck.
D.
Front and rear flashing hazard lights.
E.
A 360° rotating amber beacon light mounted above
the cab or an approved light bar. Proper permits are required for
the amber light and proof for such permit shall be provided with application
for the towing license.
F.
All lights shall be of such candlepower and intensity
so as to be visible 1/4 of a mile away.
G.
The company name, address and phone number permanently
affixed on both sides of the wrecker or tow truck or flatbed truck.
The letters and numbers shall be a minimum of three inches in height.
H.
A proper motor vehicle car dolly for each wrecker.
I.
Approved towing slings.
J.
Clean-up equipment. All tow vehicles are responsible
for the prompt and safe removal of the disabled vehicle(s) and for
the prompt and complete removal of all litter, debris and spillage
resulting from the accident and must carry a broom, rake, trash can
and bags, shovel and speedy dry-type material to absorb, remove and
properly dispose of any litter, debris and or spillage resulting from
the accident, with the exception of hazardous materials, as set forth
in N.J.S.A. 39:4-56.8.
K.
Commercial motor vehicle plates.
L.
One twenty-pound dry chemical fire extinguisher.
A.
Each licensee shall obtain and provide proof of coverage
for the following policies of insurance naming the Borough, where
applicable, as an additional named insured prior to the issuance of
the towing license:
(1)
Automobile liability in an amount not less than $500,000
combined single limit.
(2)
Garage keeper's policy covering fire, theft and explosion
in the minimum amount of $500,000 as well as collision coverage for
vehicles in tow.
(3)
Garage liability in an amount not less than $500,000
combined single limit.
(4)
Miscellaneous coverage to provide complete protection
to the Borough against any and all risks of loss or liability, including
comprehensive general liability.
B.
Each insurance policy required herein must contain
an endorsement providing 10 days notice to the Borough in the event
of cancellation, revision or modification. The aforesaid insurance
policies must be in full force and effect for the entire time period
the towing license is issued, and these insurance policies must be
written by insurance companies authorized to conduct business in New
Jersey and have a satisfactory rating from the Commissioner of Insurance.
C.
Prior to the issuance of a towing license, the licensee
must duly execute an indemnification agreement in which the licensee
agrees to indemnify and hold the Borough harmless from any and all
loss or damages, including but not limited to attorney's fees and
costs of suit, arising from the conduct of the licensee in the course
of towing or attempting to tow any vehicles pursuant to the terms
of the license granted.
The Chief of Police or his designee is hereby
authorized to establish reasonable rules and regulations for the inspection
and operation of towing apparatus and for the design, construction,
maintenance and conditions for the safe conduct of a towing service
business, in accordance with the standards provided in this chapter.
All vehicles shall be maintained in good working order and meet minimum
safety standards. If at any time the Chief of Police shall find the
equipment inadequate or unsafe or not complying with the Motor Vehicle
Laws of the State of New Jersey or in the event that the towing business
operator shall fail to comply with the provisions of the Zoning Ordinance
of Oceanport[1] or the municipality in which it is situated, he shall
have the power to demand immediate correction, and, if not corrected
to comply with the provisions of this chapter, the Chief shall have
the authority to revoke or suspend the license and schedule a hearing
relative thereto. The Chief of Police is also hereby authorized and
empowered to establish from time to time such additional rules and
regulations, not inconsistent herewith, as may be reasonable and necessary
in effectuating and carrying out the terms and provisions of this
chapter.
An appeal of the Police Chiefs ruling shall
be filed with the Borough Clerk within 10 calendar days of the Chiefs
decision. A hearing before the governing body shall be held within
30 calendar days of the filing, with a ruling forthcoming from the
governing body within 20 calendar days of the conclusion of the hearing.
Every licensed owner of towing apparatus shall
give the owner of the vehicle a written receipt for the fee paid for
the rendering of any towing service hereunder. Copies of receipts
shall be maintained by the garage owner for three years and be made
available for inspection by authorized Borough officials. This chapter
requires that all towing contractors adhere to rules and rates and
schedules established by the Department of Insurance, N.J.A.C. 11:3-38.1
et seq., and N.J.S.A. 40:48-2.49 et seq. A copy of said laws will
be provided to all approved contractors. Fees may be charged that
are less than the rates specified in N.J.A.C. 11:3-38.1 et seq. and
N.J.S.A. 40:48-2.49 et seq. This chapter also seeks to assure the
timely dispatch of adequate towing equipment to scenes of accidents
and in other circumstances requiring the removal of vehicles in order
to safeguard the public health, safety and welfare. The Borough shall
not be liable for any of the services performed by the tower unless
those services are performed for municipal vehicles. The tower shall
proceed directly against the owner of the motor vehicle for the recovery
of any fees or charges.
A tow license hereunder shall be issued subject
to the following conditions:
A.
No person owning or operating a towing apparatus licensed
under this regulation shall permit or invite loitering within or near
the towing apparatus when in use.
B.
No person shall solicit, demand or receive from any
person any commission or fee except the fee for transporting the vehicle
to be towed.
C.
No person shall pay any gratuity, tip or emolument
to any third person not involved in the towing or removal of any vehicle
or to any police officer for any information as to the location of
any accident or for soliciting the employment of the operator's services.
D.
The holder of a towing license shall not release to
anyone any motor vehicles towed by said license holder without first
obtaining a towed vehicle release form issued by the Oceanport Police
Department or a verbal release authorization if that is all that is
required by the Police Department.
E.
The holder of a towing license shall forthwith and
without delay release to the owner thereof any motor vehicle which
has been towed or stored by said license holder upon payment of the
towing and/or storage fee and obtaining of a receipt for said vehicle
from the owner thereof, during reasonable hours of business.
A.
Vehicles towed by the Police Department. All companies
on the towing list shall maintain a record regarding all vehicles
towed at the request of the Police Department. This record shall be
made available to any police officer for inspection upon request and
shall contain the following information:
(1)
The date, time, location and name of the towing apparatus
and the name of the driver who towed at the Department's request.
(2)
The physical location of the vehicle after being towed.
(3)
Identification of the towed vehicle, to include make,
year, model, color, vehicle identification number, license number
and the name of the registered owner or operator, if known.
(4)
Fee charged for such towing service and the manner
in which said fee was calculated.
All tow wrecker operators shall be required
to contact the registered owner of the towed vehicle in order to promptly
facilitate the removal of said vehicle from the storage facility.
Failure to notify promptly will require the towing contractor to adjust
his or her total storage charges as is reasonable for his or her failure
to notify. The tow operator will be required to contact the registered
owner via the postal service, by registered mail, after the vehicle
has been at the storage facility for 20 days. If this mail notification
has not been performed, storage charges arising after that period
of time will not be charged. The towing contractor may continue charging
storage fees providing that all conditions have been met. A copy of
the receipt, along with the time and date of telephone conversations,
will be maintained and be made available to the Police Department
immediately upon request. Failure to submit the required information
will result in the removal of the towing service from the tow list,
and any request for storage fees will be subject to critical examination.
The Oceanport police will, at the tow operator's request, supply related
information as to the owner of the vehicle, the owner's last known
address and any other data that may be of assistance.
A.
The Police Department shall establish and publish
a call list for all eligible licensees for the purpose of towing services
within the Borough. Each licensee deserving to be placed on the list
shall agree to the terms and conditions as may be set and approved
by the Chief of Police. The list shall be in alphabetical order and
rotated so to be equal to all licensees. Any licensee shall be removed
from the list upon:
B.
Approved towing contractors will be placed on a daily
rotating call basis. On their respective designated days, towing contractors
will be expected to respond anywhere in the Borough of Oceanport.
In the event that the holder of a towing license is unavailable or
unable to perform all or part of his or her designated days, it shall
be that towing contractor's obligation to provide the Police Department
with the name of another licensed towing contractor who has agreed
to provide service for all or part of that rotation. A towing contractor
who fails to provide such coverage shall forfeit his next scheduled
rotation. A second failure to provide coverage could result in that
towing contractor's removal from the list and revocation of his or
her license. The Police Department shall keep a list of all requests
for towing apparatus, indicating therein the date, time and place
to which called and whether the tower called was available and, if
not available, the reason why and the name of the towing license holder
next called. No tower shall respond to the scene of an accident except
upon notification by the officer in charge at the scene of an accident
or at police headquarters or upon the request of the driver or owner
of the vehicle concerned. Towing apparatus must be dispatched upon
receipt of notification from the Police Department and shall arrive
at the scene within a reasonable period of time, preferably not more
than 10 minutes after being so notified. If at anytime more than two
wreckers are required in order that the performance of towing services
may be efficiently rendered and the public's traffic safety assured,
the Police Department is hereby authorized to call upon one or more
approved holders of towing licenses to respond to the dispatch of
the Police Department.
C.
Additional rules and regulations regarding the rotation
of wreckers as may be promulgated hereunder by the Chief of Police
shall take effect immediately after mailing, by certified mail return
receipt requested, a copy thereof to all license holders for towing
apparatus in the Borough, which mailing may be made by addressing
same to the license holders at their last known addresses.
D.
The foregoing shall not limit in any way the authority
herein conferred upon the Chief of Police to promulgate rules and
regulations providing for the removal and storage of disabled heavy-duty
motor vehicles such as tractor-trailers and construction equipment
requiring specialized towing equipment.
The driver of the towing apparatus shall be
required to clean up broken glass and debris from the scene of any
accident to which it is called before leaving the scene thereof. All
towing apparatus shall be equipped with a broom, rake, shovel and
special dry and waste containers.
This chapter shall not apply where the towing
apparatus is called to perform services by the owner of the disabled
vehicle to be towed or serviced, nor shall any provision contained
herein be interpreted or construed in any manner as to interfere with
or obstruct a member of the Oceanport Police Department in the performance
of his duties and the enforcement of the Motor Vehicle Traffic Laws
of the State of New Jersey.
A.
The tower shall take all reasonable precautions to
protect evidence when required to by the Oceanport Police Department.
When required, all such vehicles shall be stored as requested and
in a manner so as to protect the evidentiary nature of the vehicle.
Such vehicles shall be stored and covered so as to prevent any unauthorized
individuals from tampering with or removing any item(s) from the vehicle.
B.
Release of any evidence, property or vehicle shall
not occur unless written authorization has been obtained by the tower
from the Oceanport Police Department authorizing said release.
A.
The licensee shall be solely responsible for the conduct
of his or her employees.
B.
Any complaints received by the Borough of Oceanport
regarding the licensee or his or her employees involving excessive
charging, damage to vehicles, theft from vehicles, discrimination
or failure to comply with local, state or federal laws regarding workers'
employment regulations shall be addressed to the Chief of Police for
review. After review, if the complaint(s) is substantiated, the license
of said tower may be revoked or suspended.
In the event that it shall become necessary
to store any privately owned motor vehicle, or any type of trailer
or similar accessory equipment, upon municipal property, the owner
or owners of such vehicle or equipment shall be charged a fee of $15
for each day of storage or part thereof. No such vehicle or equipment
shall be released until the storage fee provided herein shall have
been fully paid.
[Amended 9-18-2008 by Ord. No. 851]
[Added 3-6-2014 by Ord. No. 928]
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.
