[HISTORY: Adopted by the Township Council of the Township
of Washington 8-21-2002 by Ord. No. 19-2002; amended in its entirety 3-13-2013 by Ord. No.
4-2013. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish the requirements and
procedures for the licensing of towing and storage services, which
is nondiscriminatory in the selection and use of towing operators,
on a rotational basis, for the towing of abandoned, illegally parked,
or stolen vehicles or those involved in crashes, within the Township
of Washington, including vehicles suspected of involvement in crimes,
and when otherwise requested by the Police Department of the Township
of Washington.
B.
ABANDONED VEHICLE
ABSORBENTS
ADMINISTRATION CHARGES
AIR CUSHION RECOVERY
CLASS I (light duty)
CLASS IA
CLASS II (heavy duty)
COLLECTION EXPENSE
COLLISION WRAP
DEBRIS CLEANUP
(1)
(2)
DISPOSABLE BAGS
GROSS VEHICLE WEIGHT (GVW)
HEAVY-DUTY TOW TRUCK
HYDRAULIC FLATBED CAR CARRIER
IMPOUNDMENT
INCIDENT
INCIDENT MANAGEMENT ESCORT AND SUPPORT VEHICLE
INSIDE SECURED STORAGE
LABOR
LIGHT-DUTY TOW TRUCK
MEDIUM-DUTY TOW TRUCK
MILEAGE CHARGES
OFF-ROAD RECOVERY
OUTSIDE SECURED STORAGE
PORTABLE DOLLIES and/or PORTABLE GO-JAC TYPE OF DOLLIES
POST-INCIDENT EXPENSES
RECOVERY
RECOVERY SUPERVISOR/COORDINATOR
ROAD SERVICE
SPECIALIZED EQUIPMENT
SPECIALIZED FLATBED CARRIER EQUIPPED WITH SPECIAL HYDRAULIC
OSCILLATION KNUCKLE BOOM CRANE
STORAGE
SUBCONTRACTOR
TARPING
TOWING
TOW TRUCK
TRAILERING
VEHICLE
VEHICLE ACCESS CHARGE
VEHICLE REMOVAL CHARGE (LOT REMOVAL)
WAITING TIME
WATER RECOVERY
WILLFUL ABANDONMENT
WINCHING
WRECKER or TOWER or TOW AGENCY
WRECKING
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
Any motor vehicle or vessel partially dismantled or not readily
capable of operation under its own power or not currently licensed
or wrecked or junked. It shall also mean any vehicle whose owner has
terminated the use and care of the vehicle and has either indicated
by his words or actions an intent to leave it and no longer claim
ownership of it or left it without making arrangements for the storage
with the owner, occupant or person in control of the premises on which
it is located.
Any group of products used to soak up spills or vehicle fluids.
These would include oil dry, absorbent pads, socks, booms, etc.
Charges for services, including but not limited to physical
inspection, telephone and/or fax calls, electronic communication,
copying of documentation, removal of personal items and additional
office paperwork before and at the time of release.
Use of any number of inflatable lifting apparatus (commonly
referred to as air cushions and/or air bags). Used to lift, under
controlled recovery movements, any objects (e.g., automobiles, trucks,
tractors, tractor- and semitrailer combinations) either on and/or
off the roadway, aircraft, underwater recovery and realignment of
shifted loads inside semitrailers.
For the purposes of this chapter, any motor vehicle with
a GVW of 10,000 pounds or less.
For the purposes of this chapter, any motor vehicle between
10,000 pounds and 26,000 pounds GVW.
For the purposes of this chapter, any motor vehicle with
a GVW of 26,001 pounds or more.
Cost of fees spent in an attempt to secure payment for services
rendered.
Used in an attempt to cover exposed areas from the weather
elements.
STANDARD SITE CLEANUPRefers to the amount of debris removal that should reasonably be anticipated at the scene of motor vehicle crash or incident. The standard site cleanup is usually defined to the point of impact, the final resting point of the vehicle and the associated debris field.
EXTENDED SITE CLEANUPRefers to the removal of debris at the point of impact, as well as along the path of pre-impact and/or post-impact, where vehicle disintegration and/or other property damage occur as a result of the motor vehicle crash or incident.
Used to carry away used absorbents, car parts, glass, etc.
The net weight of the vehicle, plus the weight of passengers,
fuel, cargo and any additional accessories.
Commercial manufactured truck with wrecker body. Minimum
GVW 26,001 pounds used to tow and recover commercial-type vehicles
over 26,000 GVW, as well as passenger vehicles unable to be recovered
by other means.
Commercial motor vehicle designed exclusively to transport
motor vehicles that have become disabled, wrecked, recovered stolen
and police impound by means of bodily winching motor vehicles from
roadway level up onto a hydraulic bed for transporting purposes.
The storage of a motor vehicle upon the order of a law enforcement
officer.
Any recurring or nonrecurring event that created a diminished
capacity to roadway function or threatens the environment.
A truck or trailer containing assorted supplies to mitigate
the impact of incidents, i.e., spill control, traffic control, auxiliary
lighting, cleanup materials and equipment.
When a motor vehicle is placed inside a secured facility
at the request of the vehicle/owner/operator or at the request of
a law enforcement agency for preservation purposes, e.g., an owner/operator
request antique or classic motor vehicle and/or an expensive luxury
motor vehicle and/or law enforcement request for preservation of further
law enforcement investigation.
The additional work done at the scene by the tow truck operator
that is beyond that required to perform a basic tow, or any additional
manpower needed to complete a recovery, winching or towing of a vehicle.
Labor charge for additional manpower shall be based on a per-man,
per-hour rate with a one-hour minimum.
Used to tow and recover small light-duty vehicles up to 10,000
pounds.
Used to tow and recover small commercial type vehicles up
to 26,000 pounds GVW or passenger vehicles unable to be recovered
with light-duty tow truck or flatbed.
Are calculated on a portal-to-portal basis, which consists
of the following examples: towing company dispatched from towing facility
to destination of tow, tows or transports motor vehicle from point
of pickup back to destination point at a towing company protected
storage facility, a motor vehicle is towed from a point of pickup
to another destination other than the towing company facility, e.g.,
vehicle owner residence, mechanical repair facility, auto body repair
facility or any other destination, mileage accrual at arrival back
to the point of dispatch (towing company facility).
Use of specialized equipment or tow truck to retrieve a vehicle
that has left the roadway.
When a motor vehicle is placed in an outside, secured storage
facility that will be completely enclosed with at least a six-foot
fence and will have at least one entrance and exit gate. The facility
will be completely illuminated by outside lighting in order to safeguard
the motor vehicles.
A set of wheels installed under either end of a vehicle in
order to facilitate its movement. Use of this type of equipment would
incur an additional labor charge.
A host of services provided to the customer's vehicle after
the vehicle has been removed from the scene.
When the tow operator applies his knowledge in a skillful
manner to preserve the condition of the motor vehicle while winching
and/or lifting the damaged vehicle back to a normal towing or loading
position.
A trained individual who utilizes his expertise to facilitate
a safe and effective response to an incident through direct instruction
to other employees dealing with the other responders or physically
creating the conditions needed to terminate an incident.
Use of a tow truck or service vehicle to attempt to repair
a vehicle at the point of the breakdown.
Use of a wide variety of primarily, but not limited to, construction-type
equipment not normally considered towing equipment used to access
or cleanup a recovery scene of wreckage.
Commercial motor vehicle exclusively designed for special
recovery procedures when needed and also to bodily lift and transport
motor vehicles.
"Storage charges for a twenty-four-hour period" means the
maximum allowable amount to be charged by a storage facility for a
twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m. Storage is charged on a per-calendar-day
or any part thereof.
Use of other commercial businesses to provide services needed
that the tower does not possess. The tower invoices a handling charge
on top of subcontractor's invoice charge.
Covering or re-covering a vehicle to prevent against further
weather damage or unauthorized access.
When a tow truck and/or hydraulic flatbed carrier takes in
its possession the care, control and custody of a motor vehicle by
means of standard industry procedures.
Commercial motor vehicle designed exclusively to lift motor
vehicles that have become disabled, wrecked, recovered stolen and
police impounded by means of lifting from the front or rear by the
following methods:
The use of Landoll type of recovery unit to transport anything
that is too large to be flatbedded or would be damaged if towed in
another manner.
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved exclusively
by human power or used exclusively upon stationary rails or tracks.
Owner and/or insurance representative must be accompanied
into the secured storage yard facility to inspect, remove personal
belongings, adjust and take photographs. Documentation such as the
driver's license of the vehicle owner or the business card of the
insurance representative must be photocopied and time stamped when
this additional auxiliary service is performed.
Charge for a motor vehicle towed into the storage facility
of the primary tower that is not movable and must be towed out of
the primary tower's storage facility to a designated unsecured staging
area for towing by the secondary tower.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery.
The process of recovering a vehicle or any other object as
requested that is in water or under water.
An action deliberately taken by an owner or insurance company
to leave a vehicle or vessel at a storage yard in order to attempt
to avoid paying the towing, recovery, storage, etc., charges due against
the vehicle. See N.J.S.A. 39:4-56.5 and 39:4-56.6.
The process of moving a motor vehicle by the use of additional
chains, nylon slings and additional lengths of winch cable from a
position that is not accessible for direct hookup by conventional
means for towing and/or loading onto a tow vehicle. Winching is not
pulling a vehicle onto a flatbed carrier or lifting a motor vehicle
by conventional means (tow sling, wheel left, etc.).
A person or business entity engaged in the business, or offering
the services of, a vehicle wrecker, flatbed or towing service, whereby
disabled motor vehicles are towed or otherwise removed from the places
where they are disabled, impounded or abandoned by use of a wrecker
or truck so designed for that purpose.
The process of removing wreckage from the roadway, e.g.,
the vehicle and its debris that includes the removal of pieces of
vehicles from a crash scene with the end result being to return the
roadway back to pre-crash conditions.
The Township Council of the Township of Washington, at the first
meeting of each year, shall establish a list of tow agencies (Classes
I and II) which qualify to be called by the Division of Police, pursuant
to the terms of this chapter. Towers who wish to be included in the
lists shall complete an application and provide all requisite documents
to the Chief of Police between October 1 and October 31 of every third
year beginning for the time period of 2014 to 2016. If any application
is deemed insufficient by the submission date (October 31), the application
shall not be considered for the upcoming year. Successful applicants
shall be called for Township towing on a rotating basis according
to a schedule established by the Chief of Police. All towers will
be treated equally.
A.
No person, firm or corporation, while acting as the official tow
service for the Township of Washington, shall operate a wrecker or
towing service, upon or along any street in the Township, until the
owner thereof shall obtain a license therefor.
B.
The application process for the licensure year will begin October
1 of the pre-licensure year. Applications for operator's licenses
shall be filed with the Chief of Police not later than October 31
of the pre-licensure year and shall include the following information:
(1)
The name, business address and telephone number of the applicant.
If the application is made on behalf of a corporation, it shall state
the name and address of the officers and directors thereof and the
name and address of its registered agent, including a listing of the
names and addresses of every stockholder holding more than 10% of
the stock of the corporation;
(2)
The year, make, type and model number of each wrecker or tow truck
used in said business, its serial number and registration number and
the name and address of the registered owner and any lien holder thereon;
(3)
The address where the wrecker or tow truck or trucks are regularly
garaged, the telephone number or numbers and the names, addresses
and New Jersey driver's license numbers of all employee-drivers of
the vehicles identified;
(4)
The location, size and security features of the storage lot or space
in which towed vehicles will be stored, including the number of vehicle
spaces available;
(5)
The name and address of the operator's insurance carrier(s), and the policy numbers of all insurance policies issued for the business, the business premises and the vehicles identified in § 246-2.1B(2);
(6)
A copy of the current fee schedule for towing and storage services;
(7)
A certification that towing and storage services and fees will
be available in compliance with this chapter;
(8)
A certification granting permission to the Washington Township
Police Department to conduct inspections of the wreckers, tow trucks
and storage facility for the purpose of determining compliance with
this chapter;
(9)
Such other information as the Township shall deem appropriate
and necessary;
(10)
Applicants must understand that they must be able to respond
and be present at the towing location within 20 minutes of receipt
of notice of the towing, unless heavy or unusual traffic conditions
prevent the operator from arriving within such period;
(11)
All submitted applications, tower(s) wishing to apply for appointment,
will be required to complete the application process to include a
fee of $100 submitted to the Township upon appointment.
(12)
The application shall be accompanied by the following supporting
documentation: zoning certification (issued by the Township Zoning
Officer/Construction Official) and fire subcode certification (issued
by the Fire Official) that the property and structures comply with
all approvals, laws and regulations. Both certifications shall be
issued within 60 days' prior to the submittal of the license
application. Any applicant with outstanding zoning and/or construction
code violations shall be automatically denied a license if the same
is not cured within 30 days notice from the Township official. If
the Zoning Officer or Fire Official has not responded to the request,
the applicant may submit proof that the applicant requested such approval
in lieu of the actual approval.
[Added 2-23-2022 by Ord.
No. 4-2022]
C.
The application for license shall be accompanied by a fee payable
to the Township of Washington in the form of cashier's check,
certified check or money order to defray the costs of the license
application process, the motor vehicle and criminal investigation
by the Police Department. The fee shall be $500 per application.
[Amended 2-23-2022 by Ord. No. 4-2022]
A.
Upon receipt of all completed applications, the Chief of Police shall
conduct or cause to be conducted such investigation as he deems necessary
to determine the truth and accuracy of the information contained in
the application and the applicant's compliance with this chapter,
including the motor vehicle and criminal record of the applicant and
all employees. The applicant may be refused if such investigation
reveals the following:
(1)
Conviction of any crime or misdemeanor involving arson and/or
other burnings; atrocious assault and battery; breaking and entering;
bribery and corruption; burglary; embezzlement, conspiracy, conversion
and misappropriation of funds; extortion; larceny; loan sharking;
possession or use of a controlled dangerous substance; and other crimes
against the person or crimes involving moral turpitude in the last
10 years.
(2)
All employees of the applicant must be fingerprinted by Sagem
Morpho, a.k.a. Morpho-Trak.
(3)
Conviction of operating a motor vehicle under the influence
of an intoxicating liquor or drug (N.J.S.A. 39:4-50): leaving the
scene of an accident (N.J.S.A. 39:4-129); failure to report an accident
(N.J.S.A. 39:4-130); reckless driving (N.J.S.A. 39:4-96); and possession
of a controlled dangerous substance in an automobile (N.J.S.A. 39:4-49.1)
in the last 10 years.
(4)
Background check by Township's Police Department.
(5)
Disqualification for criminal convictions unless waived for
cause.
(6)
Accuracy of application information.
(7)
Experience of contractor: references.
(8)
Sufficient personnel to staff the equipment and facility.
(9)
Required state/Township licenses.
(11)
Service on twenty-four-hour basis, seven days a week.
(12)
Storage:
(a)
Capacity.
(b)
Contractor responsible for safe storage.
(c)
Area location to facilitate reasonable towing distances.
(d)
Area enclosed by a sturdy fence with minimum height.
(e)
Area to be lighted from dusk until dawn.
(f)
Area legally zoned for such use.
(g)
Proof of ownership or lease of storage area.
(h)
Facility available 24 hours a day, 365 days per year and open
to the public on weekdays during normal business hours and limited
hours on Saturdays and Sundays.
(i)
Area allowing access by Police Department officers at all times
in order to conduct investigations and to ensure compliance with this
chapter.
(j)
No release fees charged for releasing vehicles after normal
business hours.
(k)
Storage facility within a five-mile radius of the Police Administration
Building.
B.
The Chief of Police shall, following review of the application, endorse
his approval or disapproval of the application within 30 days of completion
of the motor vehicle and criminal records checks. If the application
is disapproved, the reasons therefor shall be set forth in writing.
A.
An operator's license shall be issued by the Township Clerk to the applicant, upon approval thereof by the Chief of Police, and upon submission of proof of insurance required by § 246-3.
B.
Such license shall be submitted during the last two weeks in December
of the pre-licensure year by the Township Clerk to be considered for
approval on or about January 1 for the following year.
C.
All licenses issued pursuant to this chapter shall expire at the
end of the calendar year in which the license is issued.
D.
Applications for renewal of licenses shall include a certification
as to any changes in the information set forth in the original application
and shall be filed at least 30 days before the expiration of the license.
E.
All licenses issued under this chapter shall be prominently displayed
on all wreckers and tow trucks and at the operator's place of business.
F.
All licenses issued under this chapter are nontransferable.
G.
The licensee shall permit no new employee or temporary employee to operate under a license unless first approved in accordance with the procedures set forth in Subsection D of this section.
H.
All approved employees drivers shall be provided with a photographic
identification card issued by the Township, which must be in their
possession while acting in their capacity as a towing vendor. The
design and format for this identification card shall be established
and approved by the Chief of Police.
I.
The regulations and fee schedules of individual towers shall be made
available to the public during normal business hours of the municipality.
A.
Licenses issued under this chapter may be revoked by the Chief of
Police, after reasonable notice and hearing, for any of the following
reasons:
(1)
Materially or false inaccurate information in the application
or a change of circumstances, which would have caused disapproval
of the application if the circumstances had existed at the time of
application.
(2)
Failure of the operators to comply with any of the requirements
of this chapter, violation of any additional regulations promulgated
by the Chief of Police, and conviction of any state, federal or local
law relating to motor vehicle operation.
B.
Any applicant or licensee aggrieved by the action of the Chief of
Police, or the Township Clerk, in the denial of an application for
a license or revocation thereof may appeal to the governing body of
the Township of Washington, by filing with the Township Clerk, within
14 days after notice of the action complained of, a written request
for a hearing, setting forth the grounds for the appeal. The governing
body will set a time and place for a hearing on such appeal, and notice
shall be served upon the applicant or licensee at least five days
prior to the hearing.
A.
No wrecker shall be called until he/she has provided the Chief of
Police with proof of insurance, as per the following schedule; said
proof shall be reviewed by the Township insurance broker as to acceptability
of the companies and coverage.
B.
Types of insurance and minimum policy limits are as follows:
(1)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(2)
Workers' compensation as required by law.
(3)
Garage-keeper's liability in an amount not less than $100,000 per
location.
(4)
Garage liability in an amount not less than $1,000,000 combined single
limit.
(5)
Miscellaneous coverage to provide complete protection to the Township
against any and all risks of loss or liability, including comprehensive
general liability.
(6)
Collision coverage for vehicles in tow. Comprehensive, general liability
insurance, in an amount of not less than $1,000,000 for personal injuries,
per occurrence, and $1,000,000 for property damage, per occurrence,
including premises operations and products/completed operations.
C.
All policies of insurance shall contain an endorsement providing
for collision coverage for vehicles in tow.
D.
All policies of insurance shall contain an endorsement requiring
that at least 10 days' notice shall be given to the Township Clerk
in the event of any material change in or cancellation of the policy.
E.
The wrecker shall indemnify, defend and hold harmless the Township
for any and all claims against the Township arising out of the operation
of the wrecker, his servants, agents or employees under this chapter.
The wrecker shall provide a written hold harmless agreement, duly
executed to the Township, prior to being placed on the towing schedule.
A.
The Chief of Police shall maintain two rotating lists of licensed
operators to respond to service calls from the Police Department (rotating
lists). There shall be a Type I list (light-duty list) and a Type
Ia and II list (medium- and heavy-duty).
B.
The rotating lists shall be determined and comprised from the lists
of all licensed operators for the next succeeding calendar year having
towing licenses and having submitted in each category an application
in accordance with this chapter issued on or before November 1 of
the pre-licensed year. Any holders of towing permits issued after
November 1 shall not be included in the rotating lists for the following
calendar year. An operator may be on both lists.
C.
Calls to operators on the rotating lists shall be made on a nondiscriminatory,
rotating basis, pursuant to procedures established by the Chief of
Police.
D.
Any operator who does not wish to be placed on the rotating call
lists must notify the Chief of Police in writing or in the operator's
towing permit application. In such event, the operator shall be removed
from the rotating call lists for the remaining term of the operator's
license.
The Chief of Police shall adopt and enforce reasonable rules
and regulations for wreckers and is hereby designated as the Township
officer responsible for the enforcement of the provisions of this
chapter, in accordance with due process of law.
A.
Any wrecker called to tow a vehicle at the request of the Police
Department shall charge no more than the maximum fee set forth in
N.J.A.C. 11:3-38.1 et seq.[1] These maximum fees apply to all towing and storage requests
initiated by the Township, including but not limited to requests due
to motor vehicle crashes or stolen vehicles as contemplated by N.J.A.C.
11:3-38.1. The maximum daily storage charge applies to the entire
period of time the vehicle is stored subsequent to a tow requested
by the Township. Towing rates are subject to change in July of each
year.
[1]
Editor's Note: N.J.A.C. 11:3-38 is reserved (repealed 1991,
effective 1999).
B.
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. There shall be no additional charge for towing a
vehicle from the storage area to the curbline for the purpose of an
owner of a vehicle towing the vehicle to a service station or other
repair shop or the person's home or other location. The charge for
towing includes any incidental and related costs such as disconnecting
and reconnecting a transmission. There shall be no additional costs
for any other services, including but not limited to waiting time,
debris removal and additional labor when routine towing services as
provided for by this chapter are performed. The tower shall be responsible
for the cleanup and disposal of motor vehicle fluids, in accordance
with state law and accepted standards, and there shall be no additional
labor charges for this service. The tower may charge the owner/operator
for material used in the cleanup of motor vehicle fluids. The tower
may charge a fee for lockout service as well as roadside assistance
such as jump starts, tire changes, and providing gasoline for vehicles
that have run out of fuel.
A.
The charges, fees and rates for Class I vehicles to be towed and
stored shall be as follows:
(1)
Flatbed and towing service pursuant to this chapter, which will
include all routine towing/winching, labor and cleanup costs associated
with the removal of the vehicle:
(3)
Mileage. All vehicles towed from a scene shall not be charged
for the first mile, but each subsequent mile will be charged $3 per
mile.
(6)
Additional laborer. In the event of major event or recovery,
additional manpower may be necessitated. In the event, the additional
manpower will be charged at a rate of $65 per hour.
(7)
Oil Dry used during the cleanup process will be charged at $15
per bag used.
(8)
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefor shall be paid by the owner of the
vehicle, after the owner of the vehicle or his agent has given his
prior written consent thereto, except where said vehicle is deemed
a hazard to health or safety, whereupon said vehicle will be removed
by the direction of the Chief of Police or his designee, with the
owner then being responsible for all personnel, equipment and labor
costs. The Chief of Police or his designee shall determine the necessity
for specialized equipment.
(9)
Unloading of goods. In the event that it is necessary to unload
a vehicle which has been used for transportation of goods prior to
towing, an agreement shall be reached between the tower and the owner
of the vehicle or the owner's agent or representative as to the charge
for said service. No written agreement is necessary in an emergency
situation, and the Chief of Police or his designee shall determine
when an emergency exists.
B.
The charges, fees and rates for Class Ia and Class II vehicles to
be towed and stored shall be as follows:
(1)
Heavy- and medium-duty service:
(a)
Heavy-duty hydraulic wrecker with underreach wheel lift service:
special equipment: $300 per hour; two hours minimum.
(b)
Heavy-duty hydraulic wrecker without underreach: $300 per hour;
two hours minimum.
(c)
Heavy-duty mechanical wrecker: $250 per hour; two hours minimum.
(d)
Heavy-duty wrecker with winching (basic): $275 per hour; two
hours minimum.
(e)
Medium-duty wrecker: $225 per hour; two hours minimum.
(f)
Medium flatbed: $200 per hour; two hours minimum.
(g)
Medium-duty wrecker with winching (basic): $225 per hour; two
hours minimum.
(8)
Road cleanup: $45 daytime rate.
(9)
Bed cleanup: $35 daytime rate.
(13)
Administration fee: $35 daytime rate; after three calls, additional.
(14)
Rollovers:
(a)
Equipment and manpower:
[1]
Heavy-duty thirty-five-ton hydraulic wrecker with
operator (wrecker used as crane): $600.
[2]
Heavy-duty thirty-five-ton hydraulic wrecker with
operator: $450.
[3]
Heavy-duty twenty-five-ton hydraulic wrecker with
operator (wrecker used as crane): $600.
[4]
Heavy-duty twenty-five-ton hydraulic wrecker with
operator: $450.
[5]
Heavy-duty mechanical wrecker with operator: $350.
[6]
Medium-duty hydraulic wrecker with operator: $400.
[7]
Heavy-duty Rollback with operator: $285.
[8]
Bobcat forklift with operator: $285.
[9]
Tractor-trailer box unit with operator: $350.
[10]
Tractor-trailer lowboy unit with operator: $400.
[11]
Site coordinator, expert recovery man: $175.
[12]
Base coordinator: $75.
[13]
Extra man, straight time: $95.
[14]
Extra man, overtime: $125.
(b)
Extra equipment and material required: to be charged on an as-needed
basis.
A.
Every wrecker called by the Police Department shall keep a record
of the name and address of the owner of the towed vehicle and shall
file reports, as required by the Chief of Police, which shall include,
but not be limited to, itemized towing and storage charges per vehicle.
Immediately after towing the vehicle to his/her business establishment,
where the vehicle is to be left in the safekeeping of the owner of
the wrecker, the owner of the wrecker shall search the vehicle, make
a list of all personal property contained therein and hold for safekeeping
such property contained in the vehicle until claimed by the owner.
The owner of said vehicle which has been towed pursuant to this section
shall be permitted by the towing agency to recover items of personal
property in the vehicle at the time it was towed. The owner shall
not be permitted to remove from the vehicle any internal part of the
vehicle, whether attached to the vehicle or not, including but not
limited to batteries, tires and license plates.
B.
No charge shall be made to the Township by the towing agency for
towing to its police fleet and the changing of flat tires. The changing
of flat tires will be handled by Public Works during normal working
hours. Also, no charge shall be made to the Township for vehicles
determined to be involved in a criminal investigation. The owner/operator
shall be responsible for paying all fees associated with the removal
and storage of the involved vehicle. All fees must be paid prior to
the vehicle being released by the Police Department.
A.
Minimum standards.
(1)
All wreckers utilized by operators on the rotating list shall
conform to the following minimum standards:
(a)
Wreckers shall be equipped and of sufficient size, weight and
configuration to safely tow all makes of domestic and foreign automobiles,
light-duty trucks and vans.
(b)
Wreckers shall be equipped with a rotating amber beacon light
mounted above the cab as well as front and rear flashing hazard lights.
(c)
Wreckers shall be equipped at all times with safety flares.
(d)
The name, address and telephone number of the operator shall
be permanently affixed to the left and right sides of each wrecker.
(2)
All operators on the rotating list shall provide and maintain
the following minimum equipment:
(a)
Two light-duty towing vehicles (one of which may be a flatbed,
rollback vehicle), with a minimum chassis rating of 11,000 pounds
GVW, and a lifting device with a minimum capacity of four tons.
(b)
Wreckers will be equipped with tow sling-type bars, with rubber
straps, and wheel lifts, with safety straps for lifting, to prevent
damage to towed vehicles, and steering locks for towing vehicles from
the rear.
(3)
All operators on the rotating list and all wreckers utilized
shall comply and conform to the following standards and procedures:
(a)
Operators shall, at all times, employ a sufficient number of
employees to comply with the minimum operational requirements.
(b)
All drivers of the operator shall be over the age of 18 years
and must have a valid, current New Jersey State driver's license and
shall be in good health and of high moral character.
(c)
All employees shall be clean, neat, and make a good appearance.
All employees of an operator will be required to wear in a place where
visible driver's license photo IDs issued by the N.J. Motor Vehicle
Commission.
(d)
The operator shall be responsible for the towing of vehicles
from all streets, alleys, public easements, thoroughfares, public
or quasi-public places, including parks, playgrounds, including rivers,
lakes and streams.
(e)
In all underwater recoveries of a nonemergent nature (threats
to life or public safety), it shall be the responsibility of the operator
to be either certified or assisted by a N.J. certified underwater
specialist for the proper towing of such vehicles.
(f)
The operator shall respond promptly to all requests for towing
services by the Township. In any event, the operator shall respond
and be present at the towing location within 20 minutes of receipt
of notice of the towing, unless heavy or unusual traffic conditions
prevent the operator from arriving within such period. In that event,
the operator will be given 10 additional minutes to arrive. If the
operator fails to arrive promptly, the police may call the next operator
on the rotating list.
(g)
The operator shall be responsible for the towing of any disabled
Township-owned vehicle, when requested by the Township, and, if required,
the changing of tires on those vehicles. This service will be furnished
to the Township for the minimum applicable towing fee not to exceed
$50.
(h)
The operator shall be responsible to cleanup all broken glass
and debris at the scene of crashes and remove same from the scene.
All vehicles must be equipped with a broom, shovel and container to
remove debris.
(i)
The operator shall have the right to utilize another operator
on the rotating list to perform towing services, if the operator believes
his equipment is inadequate or insufficient to accomplish the towing.
In the event that another operator assists or performs the towing,
the fees shall be those specified in this chapter.
(j)
The operator shall prepare a bill for towing charges, for each
vehicle towed, consistent with this chapter. Prior to the release
of any vehicle, the owner shall contact the Washington Township Police
Department for authorization to release said vehicle.
(k)
The operator will maintain a written log of all towing services
performed for the Township, through the use of the wrecker request
forms, filled out by the responding police officer.
(4)
All storage facilities utilized by the operators on the rotating
list shall conform to the following standards and requirements:
(a)
Operators shall have sufficient space to safely accommodate
stored vehicles. This space must be adequately safeguarded against
vandalism and theft, in which to hold towed vehicles of absent drivers
or owners, until such time as said vehicles are claimed or are disposed
of in accordance with the law.
(b)
All storage facilities shall be owned, operated and/or under
the control of the operator and shall be located within a five-mile
radius of the Police Administration Building.
(c)
No towed vehicle may be stored upon a public street or alley
but must be stored by the operator within the storage area as hereinabove
described.
(d)
Operators shall be responsible for each vehicle in their storage
facility until final disposition and removal, as ordered by the Township.
All vehicles, regardless of condition, must be stored singly and so
arranged to permit inspection and subsequent removal when sold.
(e)
The operator shall remove and tow to the storage facility all
vehicles, as directed by Washington Township Police Department, which
are abandoned, illegally parked, disabled, involved in crashes or
suspected of involvement in criminal activity. The determination to
tow a vehicle which is abandoned, illegally parked, disabled, involved
in a crash or suspected of criminal activity shall be made by the
Washington Township Police Department, and the operator shall have
no responsibility for such determination.
B.
Storage facilities. The wrecker must maintain a storage facility
for towed vehicles with the following requirements:
(1)
The impoundment area must be visually screened from the highway.
(2)
The facility must be secure. The contractor is responsible for
safe storage.
(3)
The storage area must be lighted from dusk to dawn.
(4)
There shall be a sturdy six-foot fence with locks on gates.
(5)
All vehicles will be stored in a facility within a five-mile
radius of the Police Administration Building, in an area zoned for
such use.
(6)
Proof of ownership or lease of storage area must be submitted.
Township-approved towing companies may not share the same storage
facility. The storage facility, building and grounds must meet all
zoning requirements.
(7)
The storage lot will be at least 1/2 acre (21,780 square feet).
(8)
Upon request for service, the tower must be able to respond
to the incident with 20 minutes. The tower who fails to arrive on
location in a timely fashion (within 20 minutes of receipt of the
call) or fails to provide adequate service may be subject to deletion
from the tow list upon recommendation from the Chief of Police.
(9)
If the wrecker cannot or does not comply within the required
time limit, then the next name on the list of wreckers shall be called.
C.
Required towing equipment.
(1)
One standard tow truck with underreach capabilities and one
flatbed owned or leased, with:
(a)
Three-eighths-inch safety chain.
(b)
Detached lift chain and safety chain.
(c)
That the vehicle to be used for towing has been properly licensed
and inspected when applicable by the State of New Jersey and has the
necessary stickers affixed or required insurance cab decals. No vehicle
shall be licensed as a wrecker which is using dealer license plates
or which has failed inspection.
(d)
That the towing service vehicle is equipped with granular absorbent
(oil dry or its equivalent) in a minimum amount equal to two forty-pound
bags.
(e)
Wreckers must be equipped with at least one three-hundred-sixty-degree
amber light on top of the vehicle. Additional lighting equipment is
acceptable. These lights must be maintained in good working order
and must be used in accordance with state requirements. Permits for
said lights must be obtained from the Division of Motor Vehicles.
Wreckers must be suitably identified on each side with the name and
address of the agency.
(f)
Fluid spills. Spills resulting from motor vehicle crashes that
are less than five gallons in volume or covering an area less than
10 feet by 10 feet will be mitigated by the tow agency. The tow agency
shall be responsible for the proper disposal of any materials used
in the cleanup of the vehicle fluids.
(g)
While at the scene, any employee of the towing agency shall
wear a safety vest or its equivalent bearing reflectorized material
at nighttime and for daytime an orange vest, shirt or jacket.
(h)
All drivers of the tow agency shall be over the age of 18 years
and must have a valid, current New Jersey driver's license valid for
the type of vehicle being driven. The license shall have no restrictions
or conditional endorsements except condition requiring glasses, and
the driver shall be in good health and of high moral character.
(i)
The tow agency shall submit to the Township the names and addresses
of all proposed drivers and employees who will be rendering service
under this contract on behalf of the tow agency. This information
will be kept current with the Chief of Police by the wrecker.
(j)
The service equipment and personnel are subject to periodic
inspections and approval by the Township. The Township reserves the
right to have a qualified person or agency make such inspections.
(k)
All wreckers and flatbeds shall be maintained in good condition,
to include compliance with all regulations of New Jersey Revised Statutes,
Title 39, and be available 24 hours a day when on call.
(2)
The wrecker must provide one additional tow truck, either flatbed or standard, owned or leased, equipped as specified in Subsection C above.
(3)
Proof of ownership or lease by the applicant of the required
towing equipment must be submitted with the initial application. The
same vehicle may not be used by more than one approved towing contractor.
(4)
The wrecker is not permitted to subcontract for towing services.
D.
Additional requirements.
(1)
The tow agency's principal business must be staffed during business
hours and Saturdays 9:00 a.m. to 12:00 noon. The agency shall maintain
a clean and comfortable waiting room and toilet facilities.
(2)
The tow agency shall not use answering machines or pagers to
receive calls from the Police Department. Cell phones may be utilized
but only with the approval of the Police Department.
(3)
The tow agency shall notify the Police Department when unable
to respond to a call or when unable to meet the response time requirement.
(4)
The tow agency must post in a conspicuous manner a copy of the
approved fee schedule. The tow agency shall notify the Police Department
concerning any changes in employee status, including additions/deletions.
A.
Any vehicle with a GVW of 26,001 pounds will be considered a heavy-duty vehicle. Any officer on the scene shall determine the immediate need/requirement for a heavy-duty wrecker. The officer will make notification to the next heavy-duty towing agency (HDTA) in the on-call rotation. The HDTA shall remove the vehicle and store it on its property, which may be located out of the Township. The HDTA shall comply with all the rules and regulations established by this chapter. Prior to being selected as a HDTA, the HDTA will provide all of the required documents of a tow agency applicant as stated in § 246-2.
B.
The HDTA shall have at least two wreckers capable of righting, winching
and towing vehicles up to 80,000 pounds. The wreckers shall have underreach
capability of at least 35,000 pounds and a boom capability of 50,000
pounds. The HDTA will respond to the scene within 30 minutes of receipt
of a call. If the HDTA does not respond within the required time limit,
then the Police Department shall notify the next HDTA in the rotation
to respond to the scene.
C.
Additional requirements:
(1)
At this time the heavy-duty tow agency's principal business location
need not be in Washington Township. The HDTA must have a storage facility
within a five-mile radius of the Police Administration Building. The
location must be staffed during business hours and Saturdays 9:00
a.m. to 12:00 noon. The agency shall maintain a clean and comfortable
waiting room and toilet facilities.
(2)
The HDTA shall not use answering machines or pagers to receive calls
from the Police Department. Cell phones may be utilized, but only
with the approval of the Police Department.
(3)
The HDTA shall notify the Police Department when unable to respond
to a call or when unable to meet the response time requirement.
(4)
The HDTA must post in a conspicuous manner a copy of the approved
fee schedule. The tow agency shall notify the Police Department concerning
any changes in employee status, including additions/deletions.
D.
The Division of Police shall at all times have the right to call
more than one wrecker from the prepared list and in the correct rotation
order where there is more than one vehicle impairing traffic.
E.
The next name on the list of wreckers shall be called even if another
wrecker which is on the list is closer to a vehicle. This wrecker
so called must be able to respond to the scene within 30 minutes.
If the wrecker cannot or does not comply within the required time
limit, the police may call the next HDTA on the towing list.
F.
If, for any reason, after not having made arrangements with the Division
of Police for a substitute tower authorized to act under the provisions
of this chapter, the tower for that week fails to answer a call for
a tow, said tower shall forfeit the remainder of his towing week's
schedule.
G.
No wrecker on said list shall be permitted to lease, assign, transfer
or subcontract its duties, responsibilities or rotation on said list
to another wrecker.
Prior to the issuance of any contract, the Chief of Police or
his designee shall conduct an inspection of the storage facility and
towing equipment to verify compliance with this section.
A.
The Chief of Police shall have the power to suspend a towing agency
from the rotational duty service list for up to 30 calendar days for
failure to comply with any section of this chapter. A subsequent violation
may result in the removal of the towing agency from the rotational
duty service list for a period of one year. A towing agency may appeal
the Chief's ruling of either a suspension or removal by filing a written
notice of appeal with the Township Clerk within 10 business days of
the Chief's decision. A hearing shall be held by the Township Council
or its designee within 30 business days of filing. The Township Council
or its designee shall render its determination within 20 business
days following the conclusion of the hearing.
B.
Failure of the towing agency to comply with applicable zoning and land use ordinances and/or property maintenance codes may subject the towing agency to suspension from the rotational duty service list upon request to the Chief of Police from the appropriate zoning/property maintenance officer. Any towing agency suspended from the rotational duty service list shall have the right to an appeal set forth in Subsection A above.
C.
Complaints of any kind relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Township Administrator, if necessary. Such complaints may be cause for termination of the tower's services and removal from the rotation list by the Township Administrator. Any such termination shall be subject to an appeal set forth in Subsection A above.
All complaints regarding services rendered pursuant to this
chapter shall be forwarded immediately in writing to the Chief of
Police. The Chief of Police shall conduct an extensive review of any
and all complaints, including but not limited to conducting an interview
of all parties participating in said incident. Upon completion of
a thorough review, the Chief of Police shall forward a written report
to the Mayor, Township Council and all interested parties as to his/her
findings. Upon a finding of any violation, the Chief of Police may
recommend a suspension or removal from the tow list or any other action
that may be warranted based upon the facts. An applicant on the list
may not be suspended or removed from the list unless it has been advised
of its right to a hearing before the Township Council.
A.
Each wrecker shall be deemed to have taken possession of motor vehicles
towed in accordance with this chapter, other than abandoned motor
vehicles towed at the request of the Chief of Police or his designee,
under the provisions of N.J.S.A. 39:10A-1 and N.J.S.A. 39:4-56.5.
B.
It shall be the responsibility of the wrecker to notify the registered
owner, or any other person having a legal interest therein, within
10 days of having towed said vehicles or rendered any other service
thereto, of the location of the vehicle, the service rendered by the
wrecker, the charge for such service and the time within which the
motor vehicle must be collected, said period for collection not to
exceed 10 days.
C.
Upon the expiration of 60 days after the time to collect the motor vehicle as set forth in Subsection B has expired, the wrecker shall either sell the vehicle at a private sale or cause a junk title certificate to be issued for the motor vehicle in accordance with the laws of the State of New Jersey, specifically N.J.S.A. 39:10A-8 et seq., a copy of said title to be kept by the applicant.
D.
Any notification required in this chapter shall be in writing, sent
by certified or registered mail, return receipt requested, to the
last known address of the person to whom the notice is to be given.
E.
Upon request by the wrecker, the Washington Township Police Department
shall perform all searches with the Division of Motor Vehicles to
determine ownership and the last known address of the title owner
to the vehicle in question.
F.
At any time prior to the sale of the motor vehicle or the issuance
of a junk title certificate therefor, the owner of the motor vehicle
may reclaim possession of the motor vehicle from the wrecker upon
payment of the towing services as set forth herein and the expense
of storage of the motor vehicle.
G.
Upon the expiration of the time periods provided in this section,
the wrecker shall be subject to a fine in the amount of $25 per day
per car, said fine not to exceed $100 per day per car, unless the
wrecker has initiated application for junk title or sold said vehicle
and has submitted proof of the same to the Chief of Police of Washington
Township.
A.
Any disputes over the interpretation of this chapter, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible, through negotiations between the tower, the Police Department
and the Township Administrator.
B.
In cases where the Township has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Township Administrator
for reimbursement of costs incurred in the towing and storage of said
vehicle.
Any vehicle found abandoned and removed by a licensed operator,
and unclaimed by the owner, may be subject to sale at public auction,
pursuant to N.J.S.A. 39:10A-1, et seq. The licensed operator shall
notify the Chief of Police of the make, model and vehicle identification
number of any towed vehicle held in storage which remains unclaimed
for 30 days or more.
