[HISTORY: Adopted by the Township Council of the Township of Brick 10-12-1976 by Ord. No. 281-76 (Ch. 278 of the 1989 Code); amended in its entirety 1-30-2007 by Ord. No. 1-07. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 288.
Storage of vehicles — See Ch. 433.
Unregistered vehicles — See Ch. 471.
[Amended 2-3-2009 by Ord. No. 2-09]
There is hereby established a rotating list of towing and storage contractors authorized to provide vehicle towing and storage services as required by the Township of Brick. The rotating list shall not exceed 12 towing and storage contractors in number. The Chief of Police shall be responsible for the administration of the rotating list. Nothing in these rules and regulations shall be construed so as to prevent any owner or operator from selecting his own towing service from the approved rotational towers list.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED REFLECTIVE SAFETY VEST
A safety vest that meets the requirements of ANSI/ISEA 107; 2004 Edition, class 2 or 3, per 23 CFR 634.
[Added 2-3-2009 by Ord. No. 2-09]
APPROVED SECONDARY TOW OPERATORS
A tow operator not included on the eligible rotational list but permitted to provided towing services when all eligible members of the tow rotational list are unavailable or unable to provide the services. Approved secondary tow operators shall be required to comply with the provisions of §§ 437-5 and 437-7.
BASIC TOWING SERVICES
The removal and transportation of a vehicle from a highway, street or other public or private road, parking area or from a storage facility or off a roadway that does not require a recovery.
DISABLED VEHICLE
A vehicle which has been abandoned, impounded or rendered inoperable as a result of a mechanical failure, involvement in an accident or criminal activity. A vehicle, the location of which constitutes a hazard to the motoring public, shall be deemed disabled for the purposes of this chapter.
IMPOUNDMENT
The act of storing and confining a vehicle upon an order of the Police Department at either the towing operator's storage area or at a Township facility as a result of abandonment, involvement in an accident or suspected criminal activity.
INSIDE BUILDING STORAGE FACILITY
A vehicle storage facility that is completely indoors, having one or more openings or storage bins in the walls for the storage of vehicles, and that is secured by a locking device on each bin or opening.
OUTSIDE SECURED STORAGE FACILITY
A vehicle storage facility that is not completely indoors and that is secured by a fence, wall or other man-made barrier that is at least six feet in height. The towing operator shall provide adequate storage area sufficient to store 20 vehicles. Outside storage facilities shall also maintain adequate lighting to protect stored vehicles from vandalism. This facility shall be inaccessible to the public at all times.
OUTSIDE UNSECURED STORAGE FACILITY
Not permitted.
OWNER
A person, firm, corporation or partnership who owns and/or operates a vehicle on the roads and highways within the Township of Brick, which vehicle, by reason of being disabled or abandoned on the roads and highways of the Township, requires towing and/or storage.
RECOVERY
Any operation which requires the recovery of a vehicle from a position beyond the right-of-way, being uprighted, or from being impaled upon any other object within the right-of-way by several actions which may include but not be limited to winching and rigging. A recovery shall be when a towing operator applies his/her knowledge in a skillful manner to preserve the condition of the motor vehicle while moving the damaged motor vehicle to a towable position.
TOW OPERATORS
A person, firm, corporation or partnership engaged in the business of providing towing, road and storage services for vehicles.
WINCHING
Any operation in which a vehicle is moved onto a roadway, from a position substantially off the roadway, or any operation in which substantial work is required to prepare a vehicle for normal towing.
A. 
Towing services shall be available and provided on a seven-day-per-week, twenty-four-hour-per-day basis for the entire geographic area of the Township of Brick. The contractors on the rotating list must be able to respond to any tow scene within 20 minutes of the Township's request.
B. 
The contractor shall be responsible for the cleanup of debris in accordance with N.J.S.A. 39:4-56.8, with the exception of chemicals, medical or hazardous waste materials. When any unusual situation occurs which may be dangerous to the safety of the public, such as dangerous cargo, solvents, fluids, natural gas, etc., the most qualified towing operator will be selected by the Brick Township Police Department.
C. 
Storage. Storage shall be provided for all vehicles towed until claimed by the vehicle owner or disposed of in accordance with applicable law.
Motor vehicles which are stolen, abandoned, involved in a crime or involved in fatal accidents or accidents which, in the judgment of the police, may become fatal shall be considered police impounds. Such vehicles shall be covered by a tarp when requested by police. Police impounds shall be towed to either the towing operator's storage area or a location designated by the police. Police impounds shall not be released, entered or photographed without prior police approval.
No license shall be issued to a towing operator who does not possess at his place of business for utilization in his business the following equipment, which shall bear a manufacturers ID plate containing the below-required ratings information or otherwise be rated and certified by a national testing company. Said equipment shall be inspected by the Chief of Police or his authorized representative prior to license being issued.
A. 
Wrecker requirements.
(1) 
At least one four-ton or larger boom capacity wrecker with boom and drum capable of being operated from inside or outside the wrecker, having a minimum rating of four tons; drums to have a minimum of 100 feet of cable at least 3/8 inch in diameter with a recommended working limit of a minimum of 7,000 pounds; recommended gross vehicle weight of truck or chassis of 10,000 pounds or greater; and dual rear wheels maintained and equipped at least in accordance with manufacturer's specifications; equipped with emergency warning lights with permit.
(2) 
The name, address and telephone number of the contractor painted or permanently attached to both sides of the tow vehicle in compliance with state law.
(3) 
Safety equipment to be carried on tow trucks on call shall include the following:
(a) 
One universal towing sling.
(b) 
Five gallons of Speedy dry absorbent.
(c) 
Shovel and broom.
(d) 
Tow hooks and chains.
(e) 
One snatch block for three-eighths- to one-half-inch cable.
(f) 
Two high-test safety chains.
(g) 
Auxiliary safety light kit to place on rear of towed vehicle.
(h) 
Tool box with assortment of hand tools and emergency pry bars.
(i) 
At-scene work lights.
(j) 
Fire extinguisher, ABC rated.
(k) 
Steering-wheel lock or tie down.
(l) 
Protective gloves.
(m) 
Removal bins for debris.
B. 
Flatbed requirements.
(1) 
At least one flatbed or car carrier with at least a one-car capacity equipped with emergency warning lights with permit.
(2) 
The name, address and telephone number of the contractor painted or permanently attached to both sides of the tow vehicle in compliance with state law.
(3) 
Safety equipment to be carried on tow trucks on call shall include the following:
(a) 
Tow hooks and chains.
(b) 
Five gallons of Speedy dry absorbent.
(c) 
Shovel and broom.
(d) 
Tow hooks and chains.
(e) 
One snatch block for three-eighths-to one-half-inch cable.
(f) 
Two high-test safety chains.
(g) 
Auxiliary safety light kit to place on rear of towed vehicle.
(h) 
Tool box with assortment of hand tools and emergency pry bars.
(i) 
At-scene work lights.
(j) 
Fire extinguisher, ABC rated.
(k) 
Protective gloves.
(l) 
Removal bins for debris.
C. 
Equipment must meet applicable state standards and shall be subject to annual inspection by the Township or when deemed necessary by the Brick Police Department.
It shall be the responsibility of the Chief of Police or his designee to review all applications for towing operators to be utilized on a rotational basis for the purpose of providing emergency towing, road and storage services to the owners of motor vehicles utilizing Township roads. All towing operators shall submit written documentation that they are in compliance with the qualification requirements set forth below:
A. 
The fee for the license issued under this chapter shall be $325, paid on receipt of said license from the Township Clerk. The license shall remain valid from January 1 to December 31 of each year. It may be renewed annually by the operator by paying a fee of $325, provided that the operator continues to comply with all the terms and conditions of this chapter.
B. 
All towing businesses shall be located within the Township of Brick so as to insure a quick and safe response to calls as needed, to provide reasonably priced services, to remedy unsafe traffic conditions caused by disabled vehicles as expeditiously as possible and to eliminate traffic congestion as rapidly as possible. In addition, each towing company must retain a physical mailing address in the Township of Brick.
C. 
By making the application to be utilized as a tower or wrecker by the Police Department and by accepting such employment, the person or firm agrees to:
(1) 
Provide a prompt response to each call.
(2) 
Clean all debris at the accident site emanating from the accident.
(3) 
Comply with all other terms and conditions of this chapter.
D. 
In addition to meeting all other criteria of this chapter and in order to be eligible for placement upon the rotating list of authorized towers, the contractor shall supply a certificate of liability insurance by a company licensed to do business in the State of New Jersey, certifying that the contractor maintains workers' compensation and garage liability insurance of not less than $1,000,000 combined single limit and garage keepers' liability of not less than $100,000 per vehicle, said garage keepers' legal liability insurance policy to further provide for fire, theft and explosion. All public liability insurance, including garage liability and garage keepers' legal liability coverage, shall name the Township of Brick, its officers, agents and employees as additional insured on the policy, shall hold them harmless, indemnify them from any and all claims filed against the Township arising out of any act or failure to act on behalf of the contractor and shall contain an endorsement providing 30 days' notice to the Township in the event of any material changes of the policy or cancellation thereof.
E. 
Those tow operators meeting the provisions of this chapter shall be added to the rotating list by resolution of the Township Council, upon advice of the Chief of Police.
[Amended 2-3-2009 by Ord. No. 2-09; 6-6-2016 by Ord. No. 7-16]
A. 
Every operator of a towing service shall give the owner a written itemized bill for the towing cost and a written receipt when paid. A schedule of the towing regulation and fees shall be posted for viewing by the public at each towing business on the police duty list and in the Traffic Safety Office in the Police Department. Towing charges and fees shall be as follows:
(1) 
Towing.
(a) 
Motorcycles and motor scooters: $150.
(b) 
Class I vehicles. Automobiles and trucks with a gross vehicle weight rating (GVWR) of 8,600 pounds or under: $150.
[Amended 8-22-2023 by Ord. No. 16-23]
(c) 
Class II vehicles. Automobiles and trucks with a gross vehicle weight rating (GVWR) from 8,601 to 15,000 pounds: $200.
[Amended 8-22-2023 by Ord. No. 16-23]
(d) 
Class III vehicles. Automobiles and trucks with a gross vehicle weight rating (GVWR) of 15,001 pounds or greater: $400.
[Amended 8-22-2023 by Ord. No. 16-23]
(e) 
No additional fee will be charged for flatbed services.
(2) 
Beach or water recovery.
(a) 
Definition. The recovery of a vehicle from the beach or an existing body of water.
(b) 
Rate: $450 per hour billed in thirty-minute increments once vehicle is on scene.
(3) 
Mileage. Loaded mileage charges from the scene to final destination shall be charged as follows:
[Amended 8-22-2023 by Ord. No. 16-23]
(a) 
Class I vehicles: $5 per mile.
(b) 
Class II vehicles: $10 per mile.
(c) 
(a) Class III vehicles: $12 per mile.
(4) 
Storage.
(a) 
Class I vehicles: $40 per day for outside storage; $50 per day for inside storage, only by written request from the Police Department or vehicle owner.
[Amended 8-22-2023 by Ord. No. 16-23]
(b) 
Class II vehicles: $50 per day for outside storage; $60 per day for inside storage, only by written request from the Police Department or vehicle owner.
[Amended 8-22-2023 by Ord. No. 16-23]
(c) 
Class III vehicles: $80 per day.
[Amended 8-22-2023 by Ord. No. 16-23]
(d) 
Pursuant to N.J.S.A. 40:48-2.50, all fees to be paid to an operator by a municipality for the storage of removed motor vehicles shall not exceed the following:
[1] 
A limit of $3 per day for the first 30 days of storage per vehicle; and
[2] 
A limit of $2 per day for the 31st day of storage and any day thereafter; and
[3] 
A limit of $400 per vehicle stored regardless of the duration of the storage, except that a waiver may be granted for good cause upon the request of a municipality by the Division of Local Government Services in the Department of Community Affairs.
(5) 
Miscellaneous.
(a) 
Administration fee. An administration fee in the amount of actual costs incurred may be charged. The administrative fee shall not exceed $30. All administrative fees charged must be supported by full documentation and subject to review by the Traffic Safety Unit.
[Amended 8-22-2023 by Ord. No. 16-23]
(b) 
Debris cleanup is mandatory. For ordinary cleanup, a one-time fee of $35 is permitted; if debris is excessive and requires more than 20 minutes to remove, a one-time fee of $55 is permitted.
[Amended 8-22-2023 by Ord. No. 16-23]
(c) 
Recovery/winching, as defined in this chapter; to be billed in fifteen-minute increments:
[Amended 8-22-2023 by Ord. No. 16-23]
[1] 
Class I: $125 per hour.
[2] 
Class II: $200 per hour.
[3] 
Class III: $400 per hour, billed in thirty-minute increments.
(d) 
Additional truck/personnel: $100 per hour per truck, billed in fifteen-minute increments once vehicle is on scene.
(e) 
Other charges, including but not limited to: dolly use, airline disconnect, release linkage, cage brakes, drive shaft removal: $30 each.
[Amended 8-22-2023 by Ord. No. 16-23]
(f) 
Standby/wait time on scene: $100 per hour, billed in fifteen-minute increments after 20 minutes on scene has elapsed. Tow operators must notify an officer on the scene upon their arrival and departure.
(g) 
Catastrophic crash: Prevailing wage will apply for winching and recovery for catastrophic crashes.
(h) 
Unloading of dump trucks and box trucks: Prevailing wage will apply.
(i) 
The protection of vehicles in storage from further damage due to the weather (e.g., broken windows, doors, hoods, trunk missing or damaged, which allow weather intrusion):
[1] 
Tarp vehicles: $50 if needed;
[2] 
Cover windows: $25 if needed.
(j) 
Holiday rates: 1 1/2 times the regular towing rate for towing on the following holidays: New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.
(k) 
Yard fee for retrieval of items from stored vehicle: $50 (after third visit).
[Added 8-22-2023 by Ord. No. 16-23]
(l) 
After-hours release of stored vehicle: $50 per hour.
[Added 8-22-2023 by Ord. No. 16-23]
(m) 
Spill absorbent: $25.
[Added 8-22-2023 by Ord. No. 16-23]
B. 
The tower shall not charge any fee not defined in this section unless previously authorized by the owner of the vehicle being towed/recovered.
C. 
Road repair services.
(1) 
The tow operator shall be responsible to answer road repair service calls for the following types of disabled vehicles:
(a) 
Flat tire repair or tire change.
(b) 
Motor vehicle lock outs.
(c) 
Vehicles requiring a jump start.
(d) 
Vehicles that have run out of fuel.
(e) 
Any additional circumstances that do not require a tow.
(2) 
The tow operator shall charge a fee that is half the tow fee for that vehicle class which is disabled plus the costs of parts or fuel.
(3) 
The tow operator will be returned to the top of the tow rotation list upon completion of the above services.
A. 
The contractor shall provide to the Township the following information concerning vehicles and employees:
(1) 
The year, make, model, vehicle identification number, type of vehicle, registration number and proof of insurance.
(2) 
The addresses where the contractor shall be regularly based, telephone numbers available on a twenty-four-hour-per-day basis and the names of all operators, their addresses and the serial numbers of their New Jersey motor vehicle licenses.
(3) 
Certification of approved emergency warning lights.
(4) 
The contractor shall submit to fingerprinting for the purposes of obtaining criminal history information on the applicant from federal and state records. Said contractor shall notify the Traffic Safety Unit of all new tow operator employees which will provide services pursuant this chapter within 10 days of employment.
B. 
Towing records. The contractor shall provide the Township with records of all police-towed vehicles, storage and towing charges within three business days of the completion of each tow rotation. Information shall be supplied to the Township on standardized forms.
C. 
Unclaimed vehicles. The contractor shall submit to the Brick Township Police Department the following information of vehicles unclaimed over 15 days:
(1) 
The year, make, model, color and vehicle identification numbers.
(2) 
The owner's name and address.
(3) 
A copy of a certified letter advising the owner of the vehicle's location and circumstances surrounding the same.
(4) 
The mileage of the vehicle.
A. 
All towing operators and their employees who operate towing equipment shall be fully trained and knowledgeable in the operation of all required equipment.
B. 
The contractor shall charge the motor vehicle owner/operator or insurance company directly for all services provided.
C. 
In times of emergencies and/or natural disasters, the Township of Brick reserves the right to contract other towing service operators who may not be on the rotation list.
D. 
Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road services or removal of abandoned or accident vehicles which such employees find it necessary to turn around, back up, tow in the opposite direction of traffic or cross the median.
E. 
Towing operators shall not permit a vehicle to be removed from the scene of a vehicular accident, the scene of a crime or any other instance or situation without the prior approval and permission of a police officer and/or superior at the scene.
F. 
In the event that the towing operator fails to respond within 20 minutes from the time of the call, the Police Department reserves the right to contact the next available towing operator on the rotational list.
G. 
In no instance shall the towing operator request payment from the Township of Brick for any services rendered to the owners of private vehicles; except, however, in the cases where the Police Department authorized a removal of a Township-owned vehicle.
H. 
Towing operators shall not exceed the maximum charges set forth in the fee schedule for towing and the storage of vehicles regulated under the provisions of this chapter.
I. 
No towing operator who receives a call pursuant to the rotational list shall be permitted to substitute another towing operator without approval of the Police Department. When a towing operator does substitute a towing operator, he shall first attempt to substitute with a towing operator from the rotational list. If no towing operator from the rotational list is available, the towing operator shall contact towers contained on the approved secondary tower operator list prior to substitution of any other towing operator. When a substitution is made by a towing operator for a Class II vehicle, Class III vehicle, or beach recovery, the towing operator shall be returned to the top of the rotational list.
J. 
During any week in which a towing operator is a designated tower on the rotational list, the towing operator shall maintain Saturday office hours between 8:00 a.m. and 12:00 p.m. for customer pickup of vehicles and retrieval of personal property.
K. 
During any time in which a towing operator is on call, the towing operator shall maintain a direct telephone access to permit direct contact with the towing operator, and the use of answering machines or answering services by the towing operator shall be prohibited.
L. 
No towing operator operating under the license issued hereunder shall employ, directly or indirectly, any personnel or employees of the Township of Brick, that maintain a position which consists of full-time of 40 hours or more per week (i.e., police, public works).
M. 
Towing operators shall accept cash, credit cards and/or personal checks as means of payment for any and all services.
N. 
All tow operators and their employees must wear approved reflective safety vests when engaged in the towing and/or repair of motor vehicles on public roadways.
[Added 2-3-2009 by Ord. No. 2-09]
A. 
The Chief of Police is hereby authorized to establish reasonable rules and regulations for the supervision, inspection and safe operation of tow trucks, wreckers and other related vehicles and equipment in accordance with the standards outlined in this section. The Chief shall maintain due vigilance over all towing operators to make certain that the tow trucks and other related vehicles and equipment are maintained in a safe working condition for transporting and hauling disabled vehicles. The Chief or his designated representative shall have the right at all times to inspect all tow vehicles and related equipment which perform services pursuant to this chapter.
B. 
At any time, should the Chief or his designee determine that the vehicles and/or equipment being used are unsafe or are being used in an unsafe manner, he shall have power and authority to direct immediate correction or repair of any automotive defect, malfunction, misuse of equipment or violation of motor vehicle regulations within a specified period of time to be determined by the Chief. The Chief of Police is authorized and empowered to establish and transmit from time to time to all tow operators on the rotational list such additional rules and regulations not inconsistent with the provisions of this chapter as may be reasonable and necessary in carrying out the provisions of this chapter.
C. 
Tow contractors or a representative are required to attend any meetings set up by the Chief of Police or his designee regarding towing procedures, provided substantial notice has been given.
[Amended 2-3-2009 by Ord. No. 2-09]
A. 
The Chief of Police shall have the power to suspend a towing operator from the rotational duty service list for a period of up to 30 calendar days for failure to comply with any section of this chapter. A subsequent violation may result in the permanent removal of a towing operator from the rotational duty service list for a twelve-month period. A towing operator may appeal a suspension or a permanent removal. In such cases, an appeal may be filed with the Township Clerk within 10 business days of the suspension or removal. A hearing may be held by the Brick Township Council within 30 business days of the filing. The Brick Township Council shall render its determination within 20 business days following the conclusion of the hearing. The governing body’s determination as rendered shall be final and conclusive under this chapter.
B. 
In addition, except as established herein, failure to comply with the Township’s Zoning, Land Use and Property Maintenance Codes may subject any operator to suspension from the rotational duty service list upon request to the Chief of Police from the Township’s Construction Code Official/Zoning Officer and/or Property Maintenance Officer. Except as hereinafter provided, no license shall be issued for any towing unless the applying business owner has previously held a towing license issued by the Township of Brick. Business owners who have not been previously approved for a towing license must submit plans, or a detailed drawing delineating the location, dimensions and layout, including lighting and landscaping of the storage lot which shall be approved by the Chief of Police, or his designee as well as the Principal Planner and Township Engineer of the Township of Brick. Businesses who have met the exception criteria established in this section shall be exempt from receiving a violation for noncompliance, provided said businesses comply with the terms of their approval. Any towing operator suspended from the rotational duty service list for any violation of the Township Zoning, Land Use and Development and/or Property Maintenance Codes shall have the right to due process and appeal as set forth in § 437-12A above.
Any person, firm or corporation who willfully violates any of the provisions of this chapter shall, upon conviction, be subject to the penalties as provided in Chapter 1, § 1-15, General penalty. Each and every violation of this chapter or each and every day that any violation shall be permitted to continue shall be construed as a separate and distinct violation hereof. The Police Department is specifically designated as the enforcement officers to serve and execute process for violation of this chapter.