[HISTORY: Adopted by the Township Committee
of the Township of Wall 7-13-2005 by Ord. No. 19-2005. Amendments noted
where applicable.]
This chapter shall govern the towing and storage
of motor vehicles when the call for such services is initiated by
the Wall Township Police Department and the vehicle owner has not
made other arrangements for towing and storage of a disabled vehicle
or where the towing and storage occurs without the consent of the
owner.
The Police Department shall institute a towing
policy establishing a rotating list of approved and licensed towing
vendors. Such approved and licensed towing vendors are the only vendors
who may be called by the Wall Township Police Department for towing
and storage services for disabled and impounded vehicles in both public
and private places of the Township of Wall. The rotation shall be
determined according to the number of licensed towing vendors and
shall provide for a fair distribution of towing services.
[Amended 11-24-2015 by Ord. No. 18-2015]
A.
Applicant standards/requirements.
(1)
The vendor agrees that all employees, including the owners or officers
of the company, will be photographed and fingerprinted by an agency
recommended by Wall Township and will be issued an identification
card by the Wall Township Police Department. The identification card
shall be available for inspection by police officers and customers
and renewed every two years. The cost will be the responsibility of
the tow vendor.
(2)
All drivers of the vendor shall be at least 18 years of age and shall
possess a current, valid New Jersey driver's license appropriate for
the categories of vehicles that he/she may drive.
(3)
The vendor agrees that the owner(s) or officers of the company shall
be responsible, except as otherwise provided by law, for the negligent
acts of their employees while acting pursuant to this chapter.
(4)
If for any reason the driver's license or privileges of an employee
of a vendor are suspended or expired, he/she will not be allowed to
operate a wrecker under this chapter, and the vendor shall notify
the Police Department, in writing, as to the reason for and duration
of the suspension or expiration.
(5)
The vendor will ensure adequate available personnel to provide necessary
Township wrecker services on a twenty-four-hour basis seven days per
week.
(6)
The vendor will furnish copies of driver's licenses and all applicable
certifications of all employees to the Wall Township Police Department
on an annual basis.
(7)
The Wall Township Police Department reserves the right to conduct
driver's license and background checks on all vendor employees. This
is to include periodic inspection of company personnel by the Department,
as well as updated reports from the Division of Motor Vehicles.
(8)
The vendor agrees to provide the Department with a roster of all
drivers, to include names and home addresses. All new employee information
must be immediately provided to the Wall Township Police Department.
The employees shall not respond to tow requests until approved by
the Police Department.
(9)
The vendor shall provide information as to any trade association
memberships pertaining to the vendor and/or employees.
(10)
Employees of the vendor shall not claim to represent or be employed
by the Township of Wall.
(11)
No operator shall solicit, demand or receive from any person any
commission or fee except the fee for transporting or servicing the
vehicle to be towed, as established by this chapter.
(12)
No vendor or his operators shall pay any gratuity or tip to any third
person not involved in the towing or removal of any vehicle for any
information as to the location of any crash or for soliciting the
employment of the vendor's/operator's service.
(13)
No vendor shall engage in the conduct of cruising for tows or service
calls within the Township.
(14)
Vendor equipment, as outlined herein, must be of the type, condition and design to efficiently perform the work required by the Township as outlined in Subsection B.
(15)
All wreckers shall be equipped with two-way radio capability or cellular
telephone and an established dispatching center on a twenty-four-hour
basis.
(16)
The vendor agrees to provide such wrecker services within a reasonable
response time, not to exceed 15 minutes, from time of police request.
(17)
Vendors shall be required to clean up all broken glass and debris
from the scene of any crash to which they are called prior to leaving
the scene of said crash.
(18)
No subcontracting of towing services shall be permitted. Only licensed
vendors employing approved operators and utilizing inspected and approved
vendor equipment will be permitted.
(19)
Switching or trading of rotation assignments by licensed vendors
shall not generally be permitted unless some exigent circumstances
exist which necessitate same. Such circumstances shall be submitted,
in writing, to the Chief of Police for approval prior to any such
activity taking place.
(20)
The schedule of fees associated with towing and storage in conjunction
with the rotation program shall be conspicuously displayed in all
vendor facilities for review by customers. Similarly, a schedule of
these fees shall also be placarded on each approved wrecker to be
utilized in conjunction with this rotation program.
(21)
Only one vendor may occupy any one principal address for towing services.
(22)
In times of emergent circumstances and/or natural disasters, or at
the situational discretion of the Police Supervisor, the Wall Township
Police Department reserves the right to contract other towing service
operators who may not be on the rotation list.
(23)
All tow truck drivers will be required to wear an A.N.S.I Level
II traffic vest or equivalent clothing, at minimum.
B.
Applicant equipment requirements. The following vehicles/equipment
are required for consideration to participate in the towing rotation
program:
(1)
One wheel lift wrecker.
(2)
Two flatbed wreckers; one must have a wheel lift.
(3)
Each tow vehicle shall be equipped with three-hundred-sixty-degree
amber lighting.
(4)
All lights shall be of such candle power in intensity as to be visible
1/4 of a mile away.
(5)
Dual rear wheels or equivalent.
(6)
A power take-off controlled winch with a minimum cable thickness
of 3/8 inch or equivalent.
(7)
Weight equal to the vehicles to be towed, with a minimum of 5,500
pounds.
(8)
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 wrecker.
(9)
One shovel and one broom for use in removing debris from the roadway.
(10)
One twenty-pound dry chemical fire extinguisher.
(11)
One five-gallon bucket of sand or absorbent material.
C.
Insurance requirements. No wrecker shall be licensed or authorized,
nor shall any licensed wrecker be operated within Wall Township without
first submitting the following insurance policies and/or certificates
of insurance:
(1)
An auto garage keeper's legal liability policy covering fire, theft
and explosion in the minimum amount of $120,000 and collision coverage,
subject to a maximum deductible of $500 with each accident deemed
a separate claim.
(2)
A liability policy covering the operation of the vendor's equipment
and wrecker for any bodily injury or property damage in the minimum
amount of $750,000, and for any one person killed or injured, $1,000,000
and $3,000,000 for more than one person killed or injured in any one
accident. This policy shall also provide for coverage in the minimum
amount of $100,000 for all damage arising out of or injury to, or
destruction of, property.
(3)
Each policy as required must contain an endorsement providing for
10 days' notice to the Township in the event of any material change
or cancellation. If the policy is not maintained according to these
guidelines, the Chief of Police shall have the authority to immediately
suspend the wrecker license and collect any licensing identification.
(4)
Licensees shall indemnify and hold the Township of Wall and the Police
Department harmless from any damages or liability which may arise
by reason of the action of the licensee, his agents or employees in
connection with furnishing the services required. Licensees shall
provide proof of workers' compensation insurance for all employees
participating in Township towing services.
In accordance with N.J.S.A. 40:48-2.49, the
Chief of Police is designated as the municipal officer with responsibility
to enforce the provisions of this chapter in accordance with due process
of law. The Chief of Police may, by order, delegate this responsibility
to a subordinate officer within the Police Department.
A.
Towing fees and charges shall conform with the New
Jersey State Police towing rates published and updated on an annual
basis. To the extent that the New Jersey State Police towing rates
published on an annual basis conflict with the fees below, the subject
fee due and owing shall be whichever is greater. The following fees
are hereby established for towing services in conjunction with the
Wall Township Police Department:
[Amended 2-13-2008 by Ord. No. 1-2008[1]; 11-24-2015 by Ord.
No. 18-2015; 4-26-2023 by Ord. No. 4-2023]
|
Towing
| |
|---|---|
|
Service
|
Fees
|
|
Standard tow
|
$155
|
|
Flatbed tow
|
$155
|
|
Tows between 6,999 to 16,000 GVW
|
$300 per hour plus tax
|
|
Tows over 16,001 GVW
Decoupling fee
|
$500 per hour plus tax
1/2 basic rate
|
|
Vehicle Winching
| |
|---|---|
|
Service
|
Fees
|
|
Light duty (up to 10,000 lbs)
|
$350 per hour (charged in half-hour increments of $175)
|
|
Medium duty (10,001 to 16,000 lbs)
|
$350 per hour (charged in half-hour increments of $175)
|
|
Heavy duty (16,001 lbs and above)
|
$650 per hour
|
|
Road Calls
| |
|---|---|
|
Service
|
Fees
|
|
All road calls
|
$60 plus fuel
|
|
Vehicle lockouts
|
$60
|
|
Police vehicle tow
|
$50; $3 per mile out of town to Wall border; maximum of $200
|
|
MVA scene cleanup
|
$75 per hour; $3 per mile out of the Township of Wall border
plus cost of absorbent materials used
|
|
Rollover/recovery up to 14,999 GVW
|
$225 first 1/2 hour; $150 per hour after
|
|
Disabled tow from scene to site of owner's choice
|
Applicable tow cost (plus $3.50 per mile out of town to Wall
border)
|
|
Wait time (investigative delays)
|
$30 per half hour
|
|
Police car after-hour tire
|
$40
|
|
Storage
| |
|---|---|
|
Service
|
Fees
|
|
Passenger vehicles
|
$50 per day, plus $10 for indoor
|
|
Trucks (dual wheels)/single axle
|
$125 per day, plus $10 for indoor
|
|
Tractors, dump trucks, tractor trailer combos, trailers
|
$150 per day
|
|
Buses
|
$150 per day
|
[1]
Editor's Note: This ordinance also provided
that it shall be retroactive to 1-1-2008.
B.
Liability for operators who engage in a pattern and
practice of knowingly violating fee limits. Operators who engage in
removal of motor vehicles, or any employee, officer or agent thereof,
who engages in a pattern or practice of knowing violation of the fee
limits set herein may be liable to the municipality for a civil penalty
of not less than $25 or more than $50 for each motor vehicle stored
with the operator. Such penalties will be collected in a summary manner
in the Wall Township Municipal Court in accordance with the Penalty
Enforcement Law of 1999.[2]
[2]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
C.
Fees paid by municipality. Storage fees will only
be paid by the Township in cases where the owner cannot be located
for payment of the fees after diligent inquiries. This will only apply
when such a vehicle is towed at direction of the Police Department
and has extensive damage so that storage at the police impound lot
is not feasible. This determination shall be made by a police officer
at the scene. In that case, the storage fees shall be:
(1)
Three dollars ($3) per day for the first 30 days of
storage per vehicle.
[Amended 4-26-2023 by Ord. No. 4-2023]
(2)
Two dollars ($2) per day for the 31st day of storage
and thereafter.
[Amended 4-26-2023 by Ord. No. 4-2023]
(3)
A maximum of $400 per vehicle storage, regardless
of the duration of the storage, except that the Division of Local
Government Services in the Department of Community Affairs may grant
a waiver for good cause upon the request of a municipality.
D.
Administrative fee. The Township of Wall shall assess
an administrative fee of $25 per vehicle to recover costs of administering
the towing and storage services for all vehicles coming under the
purview of the police impound. The assessment will be placed on each
vehicle processed in addition to the model fees outlined in this chapter
for towing and storage services.
[Added 2-13-2008 by Ord. No. 1-2008[3]]
[3]
Editor's Note: This ordinance also provided
that it shall be retroactive to 1-1-2008.
A copy of this chapter, including all regulations
and fee schedules, shall be made available to the public during normal
business hours of the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
Recovery can be achieved by several actions which may include,
but are not limited to, winching and rigging. Recovery is when the
tow operator applies his knowledge and equipment in a manner so as
to preserve the condition of the motor vehicle while moving the damaged
vehicle to a towable position. Winching in itself is not recovery.
Recovery occurs when a vehicle has left the roadway and berm and cannot
be reached or removed by conventional means.
May include, but are not limited to, disabled vehicles, vehicles
out of gas, flat tires, etc.
The process of moving a motor vehicle by the use of a cable
from a position that is not accessible for direct hook up by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
into a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.
A.
In cases of nonpolice impound tows (i.e., MVA's),
the tow vendor shall remove vehicle to a storage area having the capacity
and zoning approval for such usage.
B.
The storage facility shall be located within the boundaries
of Wall Township and shall be legally zoned for the storage of multiple
vehicles. Towing vendors can inquire as to such approved facilities
through the Township Land Use office.
C.
The storage facility shall be in full compliance with
all other local, state and federal laws, ordinances and regulations,
including compliance with any applicable environmental laws or regulations.
D.
The tow vendor shall retain the responsibility for
safe and secure storage of vehicles.
E.
The storage area shall be such in nature so as to
provide a reasonable expectation of vehicle security on behalf of
the Township of Wall and customers.
F.
Tow vendors shall provide proof of ownership or lease
of approved storage area.
G.
Approved storage facility shall be accessible for
storage 24 hours per day, 365 days per year.
H.
Storage facility shall be open to the public for vehicle
recovery during normal business hours on weekdays and for at least
limited hours on Saturdays.
I.
Daily storage fees shall begin to accrue beginning
12:00 noon the following day after vehicle enters storage.
J.
Vehicles entering storage facilities after public
retrieval hours on Saturday or on Sundays shall not begin to accrue
storage fees until business hours begin on the following Monday, after
12:00 noon.
K.
Tow vendors shall maintain computer records of all
tows, services and storage histories/fees to be available for Police
Department inspection at any time. Tow bill information should include
all information as necessary in conjunction with a police impound
tow.
L.
Storage fees shall be collected by the tow vendors
within the parameters set forth in this chapter.
A.
All police-dictated impound tows shall be stored at
the Wall Township Police Department. On-scene officers shall advise
operators in such cases that tows are, in fact, impounds.
B.
Said vehicle shall be stored in a space designated
by the Chief of Police at the Police Headquarters facility.
C.
Upon placing impound vehicle in the police storage
area, operators shall ensure said vehicle is locked.
D.
Tow operators shall respond to the police desk and
turn over vehicle keys along with a detailed bill of services rendered
by the operator. Said bill shall contain the following information:
(1)
Services rendered.
(2)
Costs incurred.
(3)
Date and time of tow request.
(4)
Date and time vehicle towed.
(5)
Where vehicle towed from and where to.
(6)
Name of operator performing tow.
(7)
Date and time entered in storage.
(8)
Make, model, year and license plate number of towed
vehicle.
(9)
General condition description of vehicle with any
damage noted.
(10)
Any other pertinent information as required by Police
Department.
E.
At the end of each rotation (i.e., two weeks, one
months, etc.), the Police Department will submit a purchase order
to the Township Financial Officer for all monies due to the tow vendor
in connection with police impound tows.
F.
Tow vendors will incur no storage fees for police
vehicle impounds storage at the Wall Township Police Department.
G.
Police storage facility rates and terms will be consistent
with that of the nonimpound storage facilities, except that vehicle
retrieval will only be available during regular business hours, Monday
through Friday, excluding holidays.
A.
Tow vendors who are interested in participating in
the rotation program, and meet all requirements listed within this
chapter, shall retrieve a license application from the Wall Township
Police Department.
B.
Application should be complete and shall include all
required proofs, such as insurance documentation, equipment listing,
employee information, affirmative action affidavit and ownership/lease
information on storage facility.
C.
Application to include name and address of applicant
or applicants, and if a corporation or other entities, the name and
address of each officer, director, partner or member thereof.
D.
Name and address, including lot and block numbers,
of wrecker owner(s), if other than the applicant(s).
E.
Location(s) of the premises, including Tax Map lot
and block numbers at which wreckers are principally domiciled or garaged.
G.
Application, completed in full, shall be forwarded
to the Chief of Police for consideration.
H.
An application fee of $250 shall be included to the
Township of Wall. A denial of the application will result in the return
of the application fee.
A.
Complaints shall be made to the Township Police Department
on forms designated by the Department for such purpose.
B.
Complaints received by the Police Department by either
tow vendors, storage facilities or customers shall be investigated
by officers of the Wall Township Police Department Traffic Planning
Unit.
C.
Planning Unit officers shall complete full investigations
of such complaints and forward their findings and recommendations,
in writing, to the Chief of Police for any action to be taken.
A.
Generally, violations by towing vendors of this policy
shall result in the following consequences:
B.
The Chief of Police reserves the right to enact suspension
and/or revocation in conjunction with any violation of this chapter
or law depending upon the severity of the violation. Accordingly,
the penalties set forth herein are only guidelines, and suspension
and revocation may occur on a first offense if sufficiently severe
as determined by the Chief of Police.
A.
Any towing vendor license granted in accordance with
this policy may be suspended or revoked at the discretion of the Chief
of Police for violations to include the following:
(1)
Misstatement or false representation in application.
(2)
Failure to maintain insurance in accordance with this
chapter.
(3)
Violation of any other section of this chapter.
(4)
Violation of any law or regulation of the Township
of Wall/State of New Jersey which would be deemed grounds for suspension/revocation
by the Chief of Police.
B.
A towing vendor whose license has been suspended and/or
revoked by the Chief of Police may request, in writing, a hearing
before the Township Administrator in the event that said vendor does
not believe the suspension/revocation to be appropriate.
C.
An informal hearing will be scheduled at the discretion
of the Administrator at which the towing vendor and Chief of Police
(or his designee) shall present their respective complaints.
D.
The Administrator shall then rule as to his findings
in regard to the suspension/revocation. The decision of the Administrator
shall be the final resolution of the licensing matter.
