City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland 4-25-2006 by Ord. No. 2006-32 (Ch. 432A of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Towing and storage services — See Ch. 665.
Vehicles and traffic — See Ch. 694.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any individual, sole proprietorship, firm, partnership, association, limited liability company, corporation or other organization.
WRECKER
A vehicle driven by mechanical power and used for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles which are unable to be and are not operated under their own power from the place where they are disabled.
A. 
No person shall operate any wrecker or conduct any wrecker service within the City of Vineland without first having obtained a license for each wrecker.
B. 
No employee or agent of a person conducting any wrecker service within the City of Vineland or such person shall operate any wrecker within the City of Vineland without first having been registered as provided herein.
C. 
Whenever a property owner or agent shall arrange to have a vehicle towed from a City of Vineland location, said property owner or agent shall utilize only the services of a towing company licensed by the City of Vineland. An annual list of all licensed tow companies shall be supplied by the Department of Licenses and Inspections.
The application for a license as required by the preceding section shall be made to the Department of Licenses and Inspections of the City of Vineland on the prescribed form and shall accurately specify the following information, the truth of which shall be sworn to by the applicant:
A. 
The year, make, type and registration number of the wrecker. The wrecker must be registered or leased for one year to the applicant, and the registration card or lease must be exhibited to the City of Vineland.
B. 
The name and address of the applicant. If a firm, partnership, association, limited liability company, corporation or other organization, the name and address of each officer, director, partner and/or member thereof. Each application for a license, or a renewal thereof, shall contain the street address for the residence and business of the licensee at the time of application or renewal. A post office box shall be permitted only as part of a mailing address that is submitted by the licensee in addition to the street address of the licensee's residence or business. A licensee whose last address appears as a post office box shall change the address on the application to the street address of the licensee's residence and business.
C. 
The name and address, social security number, New Jersey driver's license number and telephone number of the owner of the wrecker, if other than the applicant.
D. 
The name, address and New Jersey driver's license number for each driver or operator of the wrecker, accompanied by a photo identification, and proof that each vehicle to be licensed is duly registered and inspected by the State of New Jersey, Division of Motor Vehicles.
E. 
The location of the premises where the wrecker is domiciled or garaged.
F. 
The location of the premises to which vehicles are towed. Details of the location(s) shall be shown on a map or diagram accurately depicting the dimensions, proposed layout and size of the vehicle storage spaces, fire lanes and the maximum number of vehicles to be stored at such premises. The said information shall be submitted on a site plan approved by the City of Vineland Planning Board and/or the Zoning Board of Adjustment.
G. 
Documentary proof that the applicant has the ability to comply with the terms of this chapter.
H. 
A complete list of all criminal convictions of the applicant or owner, partner, officers or local office manager of the applicant and each driver or operator of the wrecker.
I. 
Whether the wrecker is to be used as an accessory use to a gasoline service station or motor vehicle repair shop.
Each license application shall be accompanied by certificates of automobile and garage keeper's liability insurance, issued by an insurance company authorized to do business in the State of New Jersey. Said insurance policy shall provide for minimum monetary limits for any single occurrence as follows:
A. 
Automobile liability in an amount not less than $1,000,000 combined single limits.
B. 
Workers' compensation as required by statute.
C. 
Garage keeper's legal liability in an amount not less than $100,000 per location.
D. 
Garage liability, including cargo insurance, in an amount not less than $1,000,000 combined single limit.
E. 
A certificate of insurance naming the City of Vineland as a certificate holder for a one-year term with a twenty-day notice of cancellation to the City of Vineland in the event of any material change or cancellation.
A. 
Upon receipt of a completed application as required by § 669-3 hereof and certificates of insurance as required by § 669-4 hereof, the Department of Licenses and Inspections shall investigate whether the applicant's proposed domicile of the wrecker complies with local zoning and building ordinances and whether the applicant and applicant's equipment meets the following requirements:
(1) 
Each towing vehicle shall be required to have red combination stop and directional signal lights, visible from the rear of the truck, unobstructed by the vehicle being towed.
(2) 
Each towing vehicle shall be required to have two safety chains, in addition to a towing sling and/or hook, when towing a vehicle.
(3) 
Each towing vehicle shall be equipped for towing purposes with a power or manual winch-type towing system with automatic self-locking device.
(4) 
Pursuant to N.J.S.A. 39:3-54, the use of any type of flashing lights on any vehicle, including a tow truck, is prohibited, unless authorized by a permit issued by the Director of Motor Vehicles. Said permit must be displayed in the vehicle.
(5) 
Every tow vehicle or flatbed vehicle shall display the official tower's license and shall have the name of the official tower displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
(6) 
The towing operators' wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles.
(7) 
Towing operators' vehicles shall display New Jersey commercial license plates.
B. 
Each applicant for a new license must provide, and continue to provide during the licensing year, secure storage as pursuant to the current land use ordinance.[1] All motor vehicles towed pursuant to this chapter shall be stored at the aforesaid location.
(1) 
All licensees, except those licenses which are solely accessory uses to gasoline and service stations, must provide secure storage space for all towed vehicles. The storage area shall be fenced if required by the current land use ordinance.
(2) 
Vehicle storage spaces and lots shall conform to all requirements of the City of Vineland Land Use Ordinance[2] where applicable.
[2]
Editor's Note: See Ch. 425, Land Use.
(3) 
If the storage area is not situated within the boundaries of City of Vineland, a current and valid certificate of occupancy or other proof of the legal use of the premises to store automobiles must be presented with the application.
(4) 
If the storage area is not owned by the applicant, a copy of a written lease agreement for the storage area must accompany the application.
[1]
Editor's Note: See Ch. 425, Land Use.
Each employee or agent of licensees under this chapter who operates a wrecker within the City of Vineland shall be registered with the Department of Licenses and Inspections, and such registration shall be the joint obligation of the employee or agent and employer. The registration shall include the name and address of the employee or agent; the name of the employer; a criminal history background check, a certified driver's abstract of the employee or agent; the length and type of the employee's or agent's experience in the wrecker business and with the employer. All registration forms shall be reviewed by the Director of Licenses and Inspections or designee, who shall determine, within 30 days of its submission, whether a registration should be issued. Any employee or agent denied a registration hereunder shall have 10 days to appeal the decision to City Council, which shall hear and decide the appeal.
Upon receipt of all reports as set forth in § 669-5 hereof, the Director of Licenses and Inspections shall forthwith transmit the same to City Council, which shall grant or deny the issuance of a license within 30 days after receipt of all reports. No application shall be denied unless City Council determines that the applicant has not demonstrated the ability to comply with the terms of this chapter, for any reason specified in § 669-12 hereof, or for other just cause. In the event of any denial, the applicant shall forthwith be notified thereof in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to make written request to the City Clerk for a hearing before City Council.
A. 
No license shall be granted to any applicant who does not fulfill each and every requirement of this chapter. No applicant who obtains a license shall have any interest, direct or indirect, in any other business licensed under this chapter by another applicant. Should it be determined that a licensee does have an interest in another towing license, according to the same standards used for the issuance of alcoholic beverage licenses that licensee shall immediately forfeit both licenses. Licenses shall not be transferable.
B. 
Any new license issued hereunder shall be valid from its date of issuance until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. Notwithstanding the above, any license issued in the year 2006 shall be valid until December 31, 2007.
C. 
Each wrecker shall be licensed separately. The fee for each wrecker license shall be $103 per year for the first wrecker and $52 per year for each additional wrecker owned by the same licensee and domiciled at the same address. Each such license shall be issued in duplicate. One copy of the license shall be kept at all times at the location at which the wrecker is domiciled.
D. 
Each employee or agent registered under this chapter shall pay an annual permit fee of $11.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any license issued hereunder may be renewed for one year upon:
(1) 
Submission to the Department of Licenses and Inspections of a renewal application containing the same information as required by § 669-3 hereof not less than six weeks prior to the expiration date of the current license.
(2) 
Presentation of renewed insurance certificates as required by § 669-4 hereof.
(3) 
Payment to the Department of Licenses and Inspections of a renewal fee the same as a new license fee in accordance with § 669-8 hereof.
B. 
City Council may deny, within 30 days after the submission of all items required by this chapter, the renewal of any license, if it finds that the applicant no longer demonstrates the ability to comply with the terms of this chapter, for any reason specified in § 669-12 hereof. Should a license renewal be denied, the applicant shall forthwith be notified in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days to make a written request to the City Clerk for a hearing before City Council.
A. 
After the issuance of a license pursuant to the provisions hereof, each licensee shall be subject to an annual inspection by the Department of Licenses and Inspections to determine whether the licensee is in compliance with all requirements of the licensing ordinance.
B. 
The Police Department shall also have inspection power under this section to assist the Department of Licenses and Inspections.
C. 
In the event that any City of Vineland department conducting an inspection finds the licensee to be in violation of any provision of this chapter, the Department of Licenses and Inspections shall immediately notify the licensee in writing of the violation and demand that the same be corrected within 10 days. In the event the violation is not remedied, the Department of Licenses and Inspections shall have the right to suspend the licensee from all City towing services for 90 days. After receipt of such notification, the licensee shall have 10 days in which to make written request to the City Clerk for a hearing before City Council. In the event that City Council upholds the inspecting department's determination that a violation exists, City Council shall issue an order suspending the license of the licensee until such time as the violation is remedied.
D. 
Nothing contained herein with regard to suspensions from City towing services shall preclude any authorized agent of the City from issuing summonses for violations or continuing violations which are not abated and which would otherwise subject the property owner or licensee to fines and penalties set forth in other chapters of the City of Vineland Code.
Any license or registration required by this chapter shall not be transferred, subcontracted or assigned without the prior approval of City Council, nor shall the domicile of any wrecker licensed hereunder be changed without the prior approval of City Council.
A. 
Any person, firm or corporation that violates any provision of this chapter or any regulation promulgated pursuant hereto, upon conviction in the Municipal Court of the City of Vineland, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the above-noted penalties, City Council may suspend or revoke any license granted hereunder, after written notice and public hearing, for any of the following reasons:
(1) 
Fraud or willful and knowing misrepresentation or false statement made in an application for a license.
(2) 
Fraud or willful and knowing misrepresentation or false statement made in the conduct of any wrecker service.
(3) 
Failure to maintain insurance as set forth in § 669-4 hereof.
(4) 
Violation of any other provision of this chapter.
(5) 
Violation of any law or regulation of the State of New Jersey, specifically including, but not limited to, violations of motor vehicle laws and regulations.
No person shall operate an unengaged wrecker along a public street in the City of Vineland at a slow rate of speed or in any other fashion calculated for the obvious purpose of soliciting business.
No person shall tow or remove, or cause to be towed or removed, any vehicle from a location within the City of Vineland to a location outside the City except as provided herein; provided, however, that if a towed vehicle remains unclaimed at the premises of a licensee for more than 30 days, then and in that event, the vehicle may be removed by a wrecker without the owner's consent to a location outside the City of Vineland; provided further, however, that, at least five days prior to any such removal, the owner is notified by certified mail, return receipt requested, of the intent to remove such vehicle to a location outside of the City of Vineland and the address of such location.
A. 
Every owner and operator of a wrecker shall:
(1) 
Maintain a written schedule of all rates and charges in the wrecker and shall make such schedule available to any person requesting same at any time.
(2) 
Post a schedule of maximum fees and towing charges in an area within the premises where customers are likely to be present.
(3) 
Whenever practicable, provide a copy of a full schedule of rates at the time the wrecker services are rendered. In any event, a full schedule of rates shall be annexed to each bill for wrecking services.
B. 
Before any license is issued or renewed as provided in this chapter, a representative of the Department of Licenses and Inspections shall inspect the wrecker to determine whether the schedule and statement prescribed by this section are conspicuously displayed on the wrecker.
No licensee shall cause or suffer any disabled vehicle to be stored outdoors upon premises owned or leased by the licensee for a period in excess of 30 days.
No licensee under this chapter shall, in the course of providing service, collect parking fees or fees for services other than those rendered by the licensee.
A. 
Each wrecker used and operated pursuant to this chapter shall contain certain designated equipment: brooms, flares, chains, fire extinguishers, jumper cables, shovel, air tank, lug wrench, and such other equipment as required by N.J.S.A. 39:3-1 et seq., and 49 CFR 393.
B. 
In addition to any other regulations, the licensee, upon request, shall release personal belongings to the vehicle owner or authorized designee.
C. 
Each licensed wrecker shall display a sticker issued by the Department of Licenses and Inspections on the upper left side of the driver's door panel and shall have the name, address and telephone number of the licensee displayed on the vehicle in letters at least three inches in height and in conformity with the provisions of N.J.S.A. 39:4-46.