[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley
Beach by Ord. No. 1995-05 (Sec. 4-25 of the 1974 Code). Amendments
noted where applicable.]
Certain words, phrases and terms in this chapter shall have the following
meanings:
- AUTHORIZED STORAGE FACILITY
- Any auto body repair shop or service station which has a temporary storage facility for disabled or abandoned vehicles in accordance with the Borough of Bradley Beach or other municipalities, Land Use Ordinance.
- OPERATOR
- The person, firm or corporation which owns or leases and operates or causes to be operated a tow truck and includes the words "owner" and "permittee."
- POLICE OFFICER
- Any regular police officer, class one or two special police officer of the Borough of Bradley Beach and any state police officer or the Code Enforcement Officer, Zoning Officer or their designees.
- STORAGE RATE CHARGES
- Beginning at 12:01 a.m. of the next day, and each day shall end at 11:59 p.m.
- TOW TRUCK
- A motor vehicle employed for the purposes of towing, transporting or otherwise carrying other motor vehicles referred to in this chapter as "tow truck/wrecker."
This chapter shall apply to any operators seeking to be enrolled on
the rotating call list described herein.
No operator shall be eligible for inclusion on the rotating call list
described in this chapter unless such operator shall obtain a permit from
the Chief of Police of the Borough of Bradley Beach for each tow truck/wrecker
which will respond to towing calls.
Applications for permits under this chapter shall be made on forms secured
from the Bradley Beach Police Department. The application shall include the
following information:
A.
The full name and address of the operator, and if a corporation,
names and addresses of all officers and shareholders.
B.
The descriptions by make, model, license number, year,
gross vehicle weight, vehicle identification number and color of each tow
truck/wrecker for which a permit is requested.
C.
The address at which each such tow truck/wrecker will
be principally kept.
D.
The address and tax map lot and block number of the authorized
storage facility to which towed vehicles will be taken and at which they will
be stored. In the event that the applicant does not own or control such an
authorized storage facility, the applicant shall present an agreement (lease)
by a person who does own or control such an authorized storage facility, that
the applicant has permission to store towed vehicles at that facility, said
agreement (lease) shall be for a term of not less than the period of validity
of the permit or permits sought.
E.
The names, addresses, and driver's license numbers of
all drivers of tow trucks/wreckers.
F.
The telephone numbers at which the Police Department
may summon a tow truck/wrecker at any time of day or night.
Applications for the initial series of permits under this chapter shall
be made to the Chief of Police within 30 days of the date upon which this
chapter is finally adopted. The first series of permits issued hereunder shall
be good and remain effective until December 31, 1995. Thereafter, permits
shall be effective for a period of one year commencing January 1 of each successive
year. Applications for permits after the initial series shall be filed not
later than December 1 of the year preceding the year for which a permit is
sought.
The Chief of Police shall cause an investigation to be made of each
applicant, his business location, authorized storage facility and the vehicles
for which permits are sought. A permit shall not be issued for any tow truck/wrecker
owned, leased, managed, or operated by a person convicted of a crime of moral
turpitude. 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 any such permit is refused, the Chief of Police shall inform the
applicant of the denial and the specific reason therefor. The permit shall
be issued by the Chief of Police when he finds that the applicant has complied
with the following requirements:
A.
All requirements of this chapter and other ordinances
of the Borough of Bradley Beach and other municipalities and the laws of the
State of New Jersey.
B.
The tow trucks/wreckers have been properly licensed and
conform to the laws of the State of New Jersey.
C.
The tow trucks/wreckers to be approved meet the required
minimum standards set forth herein.
The following are the minimum standards for tow trucks/wreckers for
which permits are sought under this chapter:
A.
A regular-duty tow truck/wrecker shall be able to tow
or carry all makes of passenger cars and small trucks, including pickup and
small panel trucks, and must have or be equipped with the following:
(1)
All tow trucks/wreckers shall be a minimum of one ton
according to the manufacturer's specifications and shall have dual rear wheels
or equivalent.
(2)
A power take-off controlled winch with a minimum cable
thickness of 3/8 inch or equivalent.
(3)
Gross weight equal to the vehicles to be towed, with
a minimum of 10,000 pounds' gross vehicle weight.
(4)
A three-eighths-inch safety chain. The life chain and
the safety chain are not to be attached in any form or manner to the same
part of the tow truck/wrecker.
(5)
Front and rear flashing hazard lights.
(6)
A three-hundred-sixty-degree rotating amber beacon light
mounted over the cab or an approved light bar.
(7)
All lights shall be of candlepower and intensity as to
be visible 1/4 of a mile away.
(8)
The company name, address and phone number permanently
affixed on both sides of the tow truck/wrecker. The letters and numbers shall
be a minimum of three inches in height.
(9)
A portable car dolly.
(10)
Approved towing slings.
(11)
Broom and shovel and sufficient equipment to clean up
any debris on the roadway. The operator must clean away the debris at the
scene.
(12)
Commercial motor vehicle plates.
B.
Heavy-duty tow trucks/wreckers shall be used for the hauling of trucks, buses or other vehicles over 10 tons; heavy-duty tow trucks/wreckers shall comply with Subsections A(7), (8), (10), (11) and (12) of this section pertaining to requirements for regular-duty tow trucks/wreckers and shall also have or be equipped with the following:
(1)
Dual rear wheels.
(2)
Power take-off controlled winch with a minimum cable
thickness of 5/8 inch.
(3)
Four double-faced rear-flashing amber lights mounted
high enough to be seen over the vehicle.
(4)
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/wrecker.
(5)
Air brakes.
(6)
Connecting air lines for connection with the air compressor
and air brake lines of the towed vehicle.
(7)
Detachable amber flashing bar lights to be attached to
the rear of the towed vehicle.
(8)
Two-speed rear axle and differential or dual transmission
of five-speed transmission.
(9)
The operator must clean away debris at the scene.
Each permittee shall execute an indemnification agreement indemnifying
the Borough of Bradley Beach 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 Borough as an additional insured:
A.
Garage keeper's policy. A garage keeper's liability policy
covering vehicles while stored against loss by fire or other casualty in the
minimum amount of $50,000.
B.
Liability policy for vehicles while being towed. A policy
covering the operation of the applicant's equipment, vehicles and wreckers
for any bodily injury or property damage in the minimum amount of $300,000
per person, $500,000 per incident and $100,000 property damage. Each policy
described herein shall contain an endorsement providing for 10 days' notice
to the Borough of Bradley Beach in the event of cancellation thereof. If an
operator to whom a permit has been issued fails to keep the required insurance
in effect, the Chief of Police shall immediately suspend the permit issued
and shall take from the operator the permit and any device identifying the
permit.
The Chief of Police shall issue for each approved tow truck/wrecker
a permit in such form as may be determined by him which shall at all times
be displayed on the driver's side door of each vehicle, the license number
of the tow truck/wrecker, the expiration date of the permit and the signature
of the Chief of Police.
The Chief of Police is hereby authorized to establish reasonable rules
and regulations consistent with this chapter for the inspection of tow trucks/wreckers
and facilities required under this chapter. The Chief of Police shall also
have the right to inspect approved tow trucks/wreckers and facilities from
time to time to determine that there is ongoing compliance with the requirements
of this chapter. If the Chief of Police shall determine that the terms of
this chapter are being violated by a permittee or if he receives notice from
the land use officer that a permittee is storing towed vehicles at an unauthorized
location, he may order immediate correction of any noncompliance specifying
a reasonable period within which such corrections are to be made, failing
which he may revoke or suspend permits. Notice of such suspension or revocation
shall be given to the permittee, and if requested a hearing shall be conducted
by him or his designee at which the permittee shall be entitled to produce
arguments and evidence as to why any suspension or revocation should not be
effective against such permittee.
An appeal of a ruling of the Chief of Police concerning the suspension
or revocation of a permit shall be filed with the Borough Council of the Borough
of Bradley Beach within 14 days of the date of service of a copy of the Chief's
decision upon the permittee. The Borough Council shall conduct a hearing within
30 days of filing or modify a revocation or suspension imposed by the Chief
of Police.
The Chief of Police shall keep a record of the names and addresses of
all persons owning or operating tow trucks/wreckers and the date and complete
record of inspection made of each vehicle.
A.
Charges to be paid by the vehicle owner for transportation,
hauling or service of disabled vehicles or for any unoccupied vehicle parked
or standing in violation of any provisions of this Code shall be deemed a
nuisance and a menace to the safe and proper regulation of traffic, and any
police officer may provide for the removal of such vehicle by any approved
tow truck/wrecker or operator of any approved tow truck/wrecker. The owner
thereof shall pay the costs of the removal and storage before regaining possession
of the vehicle according to the following rates:
(1)
For towing any passenger automobiles, a maximum fee of
$35. A maximum fee of $45 may be charged for this service between the hours
of 7:00 p.m. and 7:00 a.m. Motorcycles, station wagons, pickup trucks and
panel trucks shall be considered the same as passenger automobiles for the
purposes of determining rates.
(2)
For every day of dead outdoor storage, $13 per day for
passenger automobiles, trucks and omnibuses, and $20 per day for tractor-trailers.
(3)
If a flatbed truck must be used for towing, the maximum
fee of $50 may be charged for the tow during the daytime and $60 from 7:00
p.m. to 7:00 a.m.
(4)
Waiting time and/or winching time for wrecker, a flat
rate fee of $20 per half hour. Waiting time charged shall not begin until
at least one-half hour after the time of arrival of the tow truck/wrecker
at the scene.
(5)
If a heavy-duty wrecker must be used for towing, the
charge shall be $100 per vehicle plus $2 per mile for towing to an authorized
storage facility. If a heavy-duty wrecker must be used for removal from accidents,
the minimum charge shall be $150.
B.
Every operator of a tow truck/wrecker shall give the
owner of the vehicle a written, itemized receipt for the fee paid. Copies
of receipts shall be maintained by the operator for two years and shall be
available for inspection by authorized Borough officials. Each receipt shall
have imprinted on the reverse side a schedule of fees and charges, and said
schedule shall be posted in the area where said transactions normally take
place.
A.
Vehicles impounded by the Police Department. All permittees
on the towing list shall maintain a record regarding vehicles notified by
a police officer of the Borough to have been impounded. This record shall
be made available to the Chief of Police or his designee for inspection upon
request and shall contain the following information:
(1)
The date, time, location, and name of the tow truck/wrecker
driver who towed the vehicle at the Department's request.
(2)
The location of the vehicle after being towed.
(3)
Identification of the impounded vehicle to include make,
year, model, color, license plate number, and vehicle identification number
and name of registered owner, if known.
B.
After towing of an impounded vehicle to an authorized
storage facility, the permittee, upon request, shall make the vehicle available
to any authorized police officer of the Borough of Bradley Beach for a search
and inventory of any and all property, and a copy of said inventory will be
provided to the permittee as well as the Chief of Police.
C.
A vehicle impounded by the police shall not be released
without a written order from the Police Department.
D.
A written record shall be kept or maintained by the permittee
indicating the name of the person receiving the vehicle, the type of proof
of ownership presented, and the name of the person releasing the vehicle.
E.
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.
A.
The Chief of Police is hereby directed to establish a
system of rotation in the assignment of a tow truck/wrecker 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 chapter. When a permittee owns or is otherwise interested in separate
motor vehicle businesses which employ tow trucks/wreckers, the Chief may include
each separate business on the towing list notwithstanding common ownership
or interest, provided that each such business is conducted on a separate lot
as shown on the tax map, each such business has its own tow truck and is otherwise
capable of providing the towing and storage services within this chapter,
and provided further the intent of this chapter to provide a fair opportunity
for all permittees to participate in the program as described herein. The
maximum number of businesses eligible for inclusion on the list where a permittee
has common ownership of interest shall be two. Tow trucks/wreckers shall be
called to provide services by the Bradley Beach Police Department from the
rotating call list only. No operator shall respond to the scene until requested
by the Bradley Beach Police Department.
B.
The owner of the disabled vehicle must be informed if
possible of the tow truck/wrecker service to be summoned prior to the call.
Should the owner decline the service of the tow truck/wrecker service on the
rotation call list, the owner may request an alternate service of his choosing
which will be permitted if said service can respond within a reasonable time.
Each application for a permit shall be accompanied by a fee of $150
per business with a registration fee of $25 per vehicle. If said application
is rejected, one-half of the application fee and all of the vehicle registration
fee shall be refunded by submitting a properly executed voucher.
If at the end of 30 days the registered owner of the motor vehicle has
not claimed his vehicle, then the operator shall be permitted to request the
Chief of Police to submit the appropriate application for a salvage permit
for said vehicle. This provision applies only to motor vehicles directed to
be towed by the Police Department.
