[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:
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.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been or is about to be, hooked to or lifted by a
tow truck, but prior to the motor vehicle actually being moved or
removed from the property.
[Added 7-26-2023 by Ord. No. 2023-11]
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."
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.
The winching of any vehicle to remove it from a public roadway
or right-of-way.
[Added 7-26-2023 by Ord. No. 2023-11]
Beginning at 12:01 a.m. of the next day, and each day shall
end at 11:59 p.m.
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:
[Amended 7-26-2023 by Ord. No. 2023-11]
|
Service Provided
|
Fees
(Not to Exceed)
|
|---|---|
|
Light duty rate (less than 10,000 lbs G.V.W.)
|
Tow - $115 (basic tow is a flat rate)
Recovery - $125 (recovery is billed per hour, per truck, with
1-hour minimum and 30-minute increments thereafter)
|
|
Medium duty rate (10,000 lbs to 32,000 lbs G.V.W.)
|
Tow - $125 (basic tow is a flat rate)
Recovery - $135 (Recovery is billed per hour, per truck, with
1-hour minimum and 30-minute increments thereafter)
|
|
Heavy duty rate (greater than 32,000 lbs G.V.W.)
|
Tow - $415 (basic tow is a flat rate)
Recovery - $440 (recovery is billed per hour, per truck, with
1-hour minimum and 30-minute increments thereafter)
|
|
Storage per day:
| |
|
Light duty
|
$40
|
|
Medium duty
|
$55
|
|
Heavy duty
|
$80
|
|
Other:
| |
|
Decoupling fee
|
$35 per call
|
|
Clean up fee (the bagging and proper disposal of
less than 1 gallon of antifreeze or oil or any other vehicle fluids)
|
$35 per call
|
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.
