Township of Howell, NJ Towing

Light-duty wreckers shall, at a minimum, have the following:

A 360-degree rotating amber beacon or an approved light bar. An up-to-date State of New Jersey amber light bar permit must accompany the beacon or light bar.

A broom, shovel, absorbent material and sufficient equipment to clean up any debris on the roadway.

(c)

A three-eighths-inch safety chain. The lift chain and the safety chain are not to be attached in any form or manner to the same part of the tow truck.

(d)

All lights shall be of such candlepower and intensity as to be visible 1/4 mile away.

(e)

The company name, address and telephone number permanently affixed on both sides of the tow truck. The letters and numbers shall be a minimum of three inches in height.

(f)

Commercial motor vehicle plates.

(g)

A power take-off controlled winch with a minimum cable thickness of 3/8 inch or equivalent.

(h)

Two-way radio and/or a cell phone.

(i)

Approved wheel chokes.

(j)

Four tie-down chains or grab hooks.

Heavy-duty wreckers shall comply with the requirements for light-duty wreckers and shall, at a minimum, also have the following:

Dual rear wheels.

Power take-off controlled winch with a minimum cable thickness of 5/8 inch.

(c)

Four double-faced rear-flashing amber lights mounted high enough to be seen over the towed vehicle.

(d)

One-half-inch safety chain. The lift chain and safety chain are not to be attached in any form or manner to the same part of the tow truck.

(e)

Air brakes.

(f)

Connecting airlines for connection with the air compressor and air brake lines of the towed vehicle.

(g)

Detachable amber flashing bar lights to be attached to the rear of the towed vehicle.

(h)

Two-speed rear axle and differential or dual transmission or five-speed transmission.

(i)

The operator must clear away debris at the scene.

All permit holders for the term of the permit will have at least one of each of the following:

Flatbed with a gross vehicle weight rating (GVWR) of 14,000 pounds or more. The GVWR will be according to the manufacturer's specifications.

Vehicle equipped with tie-down equipment capable of carrying motorcycles or mopeds.

Personnel.

Towing operators and employees shall be fully trained and knowledgeable in the operation of all required equipment, possess in good standing all of the licenses and certifications required, must be competent to provide minimum road services for disabled vehicles and obey all traffic laws.

Each driver of a wrecker must possess a certification from a nationally recognized towing organization to be determined by the Chief of Police or his designee. Each newly hired driver must obtain such certification within six months of their date of hire. Additionally, each driver must possess a commercial driver's license and must comply with 49 CFR 391.51.

All drivers must maintain their certifications and have satisfactorily completed training courses within the preceding five years.

Location. To the extent possible, towing operators shall be located in a geographic area that enables a response time of 20 minutes under normal circumstances.

Land use.

All facilities and sites used by towing operators must comply with all applicable zoning regulations, land use approvals, construction permits, and property maintenance and safety codes.

Failure to obtain and comply with all requisite approvals and conditions thereof, or to rectify any violations as required by the appropriate enforcement authority, shall result in suspension or revocation of the licenses as provided herein.

§ 306-7 Investigation and issuance of permit.

[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]

The Chief of Police or his designee shall cause an investigation to be made of each applicant, his business location, authorized storage facility and the vehicles for which permits are sought. The towing operator and all drivers will be subject to background investigations by the Howell Township Police Department or Morpho Trak, Inc. Upon completion of the local investigations and inspections called for in this chapter, the Chief of Police shall either issue the permits applied for or, if such permit is refused, the Chief of Police shall inform the applicant of the denial and the specific reasons therefor.

The permit shall be issued by the Chief of Police when he finds that the applicant has complied with the following requirements:

All requirements of this chapter and other ordinances of the Township of Howell and the laws of the State of New Jersey.

The tow trucks have been properly licensed and conform to the laws of the State of New Jersey.

The tow trucks to be approved met the requirement minimum standards set forth herein.

Rejection of applications; appeals.

Applications for towing licenses may be rejected on any or all of the following grounds:

A permit shall not be issued for any wrecker or tow truck owned, leased, managed, or operated by a person convicted of a crime of moral turpitude.

Failure to comply with the requirements of this chapter and other ordinances of the Township of Howell or the laws of the State of New Jersey.

(c)

Repeated or egregious violations of the requirements of this chapter during previous service as a tower for Howell Township.

(d)

Repeated complaints from the general public of inadequate or unsatisfactory service or improper or illegal practices during previous service as a licensed tower for Howell Township that are substantiated and documented by the Police Department.

(e)

Fraudulent or illegal activity of any kind.

Rejected applicants may appeal in accordance with the procedures set forth in § 306-11.

If a permittee or applicant hires an employee after an application is submitted, the tow company shall immediately notify the Howell Police Traffic Safety Unit. Said new employee must submit to a background check within 30 days of their hire date and must pass the background check prior to performing towing services for the Township.

If a permittee or applicant acquires a vehicle to be used for towing purposes after an application is submitted, the Howell Police Traffic Safety Unit must be notified within 30 days of the vehicle's acquisition. The Howell Police Traffic Safety unit must approve of the vehicle's compliance with the requirements of this chapter and ordinances of the Township of Howell and the laws of the State of New Jersey prior to it being used for towing services in the Township.

§ 306-8 Insurance policies. [1]

[Amended 12-19-2006 by Ord. No. O-06-58]

Each permittee shall execute an indemnification agreement indemnifying the Township of Howell and holding it harmless from any and all claims arising directly or indirectly from the actions of the permittee.

Each permittee shall obtain and keep in effect the following policies of insurance naming the Township of Howell as an additional insured:

Workers' compensation insurance as required by the State of New Jersey.

A garage keeper's liability insurance policy as set forth in N.J.S.A. 39:3-84.8, but not less than $100,000.

[Amended 5-1-2007 by Ord. No. O-07-17]

Automobile liability insurance policy as set forth in N.J.S.A. 39:3-84.8 and currently established in an amount not less than $1,000,000.

[Amended 5-1-2007 by Ord. No. O-07-17]

Each permittee shall have his/her insurance agent submit a certificate of coverage to the Township of Howell. The Township shall be listed as an additional insured.

If an operator to whom a permit has been issued fails to keep the required insurance in effect, the Township of Howell may immediately suspend the permit issued and may take the permit from the operator and any device identifying the permit.

Annual renewal:

Certificates of insurance must be submitted to the Township of Howell prior to the renewal date.

Insurance carriers shall notify the Township of Howell immediately if a policy is cancelled.

The insurance carrier shall make written notification to the Township of Howell of any changes in insurance coverage at least 10 days prior to the change.

Editor's Note: Former § 306-8, Minimum standards for tow trucks, was repealed 10-26-2021 by Ord. No. O-21-30. See now § 306-6, Licensing standards.

§ 306-9 Identification.

[Amended 12-19-2006 by Ord. No. O-06-58; 5-1-2007 by Ord. No. O-07-17]

The Police Department shall issue to each approved tow truck a permit, in such form as may be determined by the Police Department, which shall at all times be displayed on the inside of the rear window behind the driver's side. The permit shall bear the name of the operator of the tow truck, the license number of the tow truck, and the expiration date of the permit and the signature of a representative of the Police Department.

§ 306-10 Inspections; suspension of license for noncompliance.

[Amended 12-19-2006 by Ord. No. O-06-58]

The Township of Howell shall be permitted, at periodic times and intervals, to inspect all towing apparatus and all aspects of the operation to insure the maintenance of conditions necessary for the safe conduct of a towing service business, in accordance with the standards outlined in this chapter.

All towing apparatus shall be maintained in good working order and meet minimum safety standards. If at any time the Township of Howell shall find the equipment inadequate, unsafe or not in compliance with the motor vehicle laws of the State of New Jersey, or in the event that the operator fails to comply with the provisions of this chapter, the Chief of Police or his designee shall notify the operator to correct such deficiencies.

The Township of Howell is also authorized and empowered to establish from time to time such additional rules and regulations, not inconsistent with this chapter, as may be reasonable and necessary in effectuating and carrying out the provisions and intent of this chapter.

The Chief of Police or his designee determine that the terms of this section are being violated by a permittee or if he/she receives notice from the land use officer that a permittee is storing towed vehicles at an unauthorized location, the Chief of Police may revoke or suspend permits. All appeals shall be processed in accordance with § 306-11, Appeal.

§ 306-11 Appeal.

[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]

The Chief of Police or his designee may give notice to a towing operator of suspension or revocation, and said notice shall contain a date upon which the Chief of Police or his designee shall conduct a hearing not less than 10 nor more than 14 days from the date of the notice. After the hearing, the Chief's notice of suspension or revocation may be given to the towing operator, who shall additionally have the option of appealing the decision to the Township Manager or their designee within 10 days of the date of service of the Chief's decision. The Township Manager or their designee shall conduct a hearing within 14 days of the notice of appeal, and the Township may affirm, reverse, or modify any revocation or suspension imposed by the Chief of Police or his designee.

§ 306-12 Records.

The Chief of Police shall keep a record of the names and addresses of all persons owning or operating tow trucks and the date and complete record of inspection made of each vehicle.

§ 306-13 Storage facility requirements; towing and storage rates.

[Amended 12-19-2006 by Ord. No. O-06-58]

Storage facilities. Storage facilities shall have normal business hours of at least 8:00 a.m. until 4:30 p.m., Monday through Friday. The storage facility will additionally be open on either Saturday or Sunday with the hours of operation from at least 8:00 a.m. until 12:00 noon. The storage yards will be closed on legal federal holidays.

[Amended 10-26-2021 by Ord. No. O-21-30]

Additional requirements.

[Amended 5-1-2007 by Ord. No. O-07-17]

All storage facility owners must apply for a certificate of commercial occupancy for towing operation.

New storage facilities authorized after January 2007 must be paved or concrete. Storage facilities authorized before January 2007 that do not comply with this requirement must obtain site plan approval from either the Planning or Zoning Board by January 1, 2009, which shall review sites for compliance with NJDEP stormwater management requirements, and the fee for said review shall be as provided in the Fee Schedule.

All storage facilities must have a six-foot fence surrounding the compound. The fence shall be chain linked with slat inserts for privacy. The storage area must be secured with a locked gate.

Storage rates and charges shall be as set forth in Chapter 139, Fees.[1]

[Amended 5-1-2007 by Ord. No. O-07-17]

Editor's Note: Specific rates and charges were removed from this subsection in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current rates and charges, see Ch. 139, Fees, Art. XXXIII.

Towing rates shall be as set forth in Chapter 139, Fees.[2]

[Amended 5-1-2007 by Ord. No. O-07-17]

[2]

Editor's Note: Specific rates were removed from this subsection in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current rates, see Ch. 139, Fees, Art. XXXIII.

§ 306-14 Involuntary towing and storage rates.

[Amended 10-26-2021 by Ord. No. O-21-30]

The towing storage of motor vehicles without the consent of the owners of those vehicles shall be subject to the schedule of towing and storage services rates as set forth in Chapter 139, Fees, Article XXXIII.

§ 306-15 Dispute resolution.

Any complaints and disputes arising from the towing and storage of motor vehicles without the consent of the owner shall be made in writing by the owner within 14 days of recovering the motor vehicle and forwarding the same to the Chief of Police for a resolution. Owners may appeal the Chief's decision to the Township Manager who may affirm, reverse or modify the decision of the Chief. The Township Manager in his discretion may forward the matter to Council, if applicable, for final disposition.

§ 306-16 Records and impoundment rules.

[Amended 12-19-2006 by Ord. No. O-06-58]

All permittees shall maintain a written record of all nonconsent and consent towed vehicles from the Howell Township Police Department. This record shall be made available to any police officer for inspection upon request and shall contain the following information:

The time, date, name of the tow truck driver who towed the vehicle, and the location from which the vehicle was towed.

The location of the vehicle after being towed.

Identification of the towed vehicle, to include make, model, year, color, license plate number, vehicle identification number and name of the registered owner, if known.

Type of tow requested (impound, consent or nonconsent, etc.).

(5)

Itemized bill of fees charged.

After towing a vehicle to an authorized storage facility, the permittee, upon request, shall make the vehicle available to any authorized police officer of Howell Township Police Department for a search, inventory, and/or an inspection of the vehicle and any or all property.

A vehicle impounded by the Howell Police shall not be released without a written consent from the Howell Township Police Department.

A written record shall be kept by the permittee indicating the name of the person receiving any vehicle that was towed by them, the type of proof of ownership presented and the name of the person releasing the property.

It shall be the responsibility of the permittee to obtain proper proof of ownership and identification prior to the release of any vehicle. Release of any vehicle to an unauthorized person by the permittee may result in suspension or revocation of permits.

At the request of the Howell Police Department, the permittee shall provide a copy of the invoice for each service performed by the permittee during any period specified in said request. Each invoice, at a minimum, shall contain the information required to be maintained by the towing company pursuant to § 306-16A(1).

§ 306-17 Rotating call list; performance standards.

[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]

The Chief of Police or his designee is hereby directed to establish a system of rotation in the assignment of tow trucks called the "rotating call list." The system shall be designed to provide a fair opportunity for all permittees to participate in the towing and storage of vehicles as authorized by this section. Tow trucks shall be called to provide services by the Howell Township Police Department from the rotating call list only. No operator shall respond to the scene until requested by the Howell Township Police Department.

The owner of the disabled vehicle must be informed, if possible, of the tow truck service to be summoned prior to the call. Should the owner decline the service of the tow truck on the rotation call list, the owner may request an alternate service of his/her choosing, which will be permitted if said service can respond within 20 minutes, or such other reasonable time as may be permitted by the HTPD under the circumstances.

The authorized towers will be responsible for and guarantee the following performance standards:

The permittee shall dispatch tow trucks immediately upon receipt of notification from the Police Department and shall ensure that the tow truck arrives at the scene requested within 20 minutes of the giving of such notification.

In the event the permittee, when called upon to respond by the Police Department, is unavailable or is unable to respond, the Police Department shall be authorized to call upon another towing service operator, who may or may not be covered by this chapter, to respond to provide the needed service or services.

The permittee shall not respond to the scene of a crash or call for service, except upon notification by the Police Department or upon the request of the driver or owner of the vehicle concerned.

The Howell Township Police Department reserves the right to call upon any towing operator other than any permittee covered by this chapter in the event that, in the opinion of the Police Department, special equipment and/or services not maintained by a permittee are necessary for the prompt, efficient and/or safe removal, storage and/or inspection of the vehicles concerned. This is particularly with reference to serious/fatal motor vehicle crash investigations, criminal investigations, stolen vehicles, construction equipment or vehicles presenting special emergent or hazardous circumstances, such as vehicles carrying toxic, flammable, explosive or environmentally sensitive material. The Police Department shall also determine the location where these vehicles will be stored.

(5)

The Howell Township Police Department reserves the right, in circumstances when more tow trucks are required at any given scene, to call upon one or more tow trucks to respond to the scene, when necessary, to protect the public health, safety and welfare.

§ 306-18 Permit fees. [1]

[Amended 12-19-2006 by Ord. No. O-06-58]

Each application for a permit or renewal of a permit shall be accompanied by a fee as set forth in Chapter 139, Fees. If the application is rejected, 1/2 of said application fee shall be returned to the applicant.

Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current permit fees, see Ch. 139, Fees, Art. XXXIII.

§ 306-19 Disposal of abandoned vehicles.

[Amended 12-19-2006 by Ord. No. O-06-58; 5-1-2007 by Ord. No. O-07-17]

Each permittee will submit to the Police Department on a monthly basis a list of all vehicles that have been held in its yard for a period of 30 days or more. The Police Department will make the final decision as to which type of title application will be applied for. This action shall apply only to non-consent towed vehicles, which were towed at the request of the Police Department.

All fees incurred for the application of said titles and all public notifications will be the sole responsibility of the Township of Howell.

Removal of vehicles, and all fees incurred with said removal, shall be the responsibility of the permittee (i.e., removal of stored vehicle to a salvage yard).

Any fees collected in excess of any outstanding bills by the permittee, shall be directly deposited in the general account of the Township of Howell.

Nothing contained herein shall supersede N.J.S.A. 39:10A(1) through (5).

§ 306-20 Disciplinary procedures.

[Added 12-19-2006 by Ord. No. O-06-58]

The Howell Township Police Department shall have the authority to discipline tow operators for misconduct or unprofessionalism during the course of operation for the Howell Township Police Department. The offense must be investigated and the tow operation must be found to be at fault.

First offense: The tow operator shall receive a verbal warning.

Second offense: The tow operator shall receive a written warning.

Third offense: The tow operator shall be suspended from towing for a time to be determined by the Chief of Police.

Fourth offense: The tow operator shall be removed from the Howell Township rotating list indefinitely.

If an offense is minor in nature, for example, the operator is late to call, does not have the equipment specified, is unable to complete the job, is not wearing an approved reflective vest, etc.:

[Added 10-26-2021 by Ord. No. O-21-30[1]]

First offense. The tow operator shall receive a written warning.

Second offense. The tow operator shall be suspended from towing for a time to be determined by the Chief of Police.

Third offense. The tow operator shall be suspended from towing for a time to be determined by the Chief of Police.

Fourth offense. The tow operator shall be removed from the Howell Township rotating list indefinitely.