§ 8-14. WRECKERS.*
8-14.1 License required. No person shall be authorized to provide Wrecker's Services within the Borough of Sayreville without first obtaining a license from the Municipal Clerk.
(Ord. #529-98)
8-14.2 Definitions. As used in this section, the following terms shall have the meanings indicated:
Applicant means an individual or a legally formed business entity which seeks to obtain a license from the Borough to furnish wrecker services within the Borough pursuant to this section.
Business Location means a base of operation within the Borough which is staffed during the normal business hours of 8:00 a.m. to 4:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 12:00 p.m. on Saturdays, excluding holidays. The business must be clearly marked with signs identifying the name of the business and the hours of operation. The applicant must be the owner or principal tenant at the location, which shall include a permanent facility with an office, a patron waiting area, a bathroom for patron use, and a secured vehicle storage area which is contained within an enclosed building and/or a fenced-in area, which shall be used for the storage of towed vehicles.
Dead Storage means the storage by an operator of a towed vehicle, which was delivered to the storage yard by a wrecker as a result of the provision of wrecker services for the vehicle, where such storage continues overnight or for more than twelve (12) hours from the time that a vehicle is removed from the scene from which it was towed, which ever is longer (i.e., there will be no storage charge for same day removal of a towed vehicle) and such storage is unrelated to any repairs or other continuing services, which are being rendered by the operator at the request of the vehicle's owner.
Garage means a non-residential building, which is occupied in whole or in part by an auto body repair shop or a N.J. State Inspection Station, which is licensed and regulated by the State of New Jersey, and in which motor vehicles can be sheltered, stored, repaired and made ready for use.
Operator or Wrecker Operator means anyone who engages in the business of providing wrecker services pursuant to this section or who operates a licensed wrecker.
Waiting Time means such time as elapses between the time at which a wrecker arrives at a scene to which it was called by the police and the time at which the wrecker is actually permitted to commence its efforts to render any required wrecker services.
Wrecker means a vehicle licensed pursuant to this section which is used to provide wrecker services as described herein.
Wrecker Service means such road side assistance; vehicle towing, transport, conveyance or removal; and/or storage services as are to be provided by a licensed operator pursuant to this section.
(Ord. #529-98)
8-14.3 Duration of License. All licenses issued under this subsection shall expire on the last day of January of the year next succeeding the date of issue.
(Ord. #529-98)
8-14.4 Application for License; Required Information; Affidavit. Applications for licenses issued hereunder shall be made upon printed forms prepared and made available by the Borough Clerk's Office and shall state:
a.
The complete legal name, trade name (if any), home address and proposed or actual business address of applicant, and whether the applicant is the owner, lessee or bailee. In the event the applicant is a corporation, the names, addresses and home telephone numbers of every person owning ten (10%) percent or more of said corporation shall be listed;
b.
1.
A list of every conviction for any offense against the laws of State for any person listed pursuant to 8-14.4(a);
2.
A statement of any denial of any license or permit to operate a motor vehicle or a towing service for any person listed pursuant to 8-14.4(a);
c.
That the applicant's principal office is located within the State of New Jersey;
d.
That the applicant has at least three (3) years experience of providing properly insured towing services to the general public;
e.
That the applicant has a business location within the Borough on which there is situated a garage and a secured, vehicle storage area which is contained within an enclosed building and/or within an outside area which is surrounded by a chain link, stockade, or other such type of restrictive fencing, which is at least six (6′) feet in height. The storage area shall be adequate for properly accommodating and protecting all disabled motor vehicles which may be towed or otherwise removed from the place where they are disabled and brought to such location. No operator will be permitted to store, place or otherwise cause or permit any towed vehicles to be stored, placed, parked, or otherwise located upon any-public property or on any Borough streets or on any property which is not zoned for such storage, except as may be specifically directed by the Borough Police in the course of clearing an accident scene or in regard to an official investigation or vehicle seizure;
f.
A certification from the Borough Zoning Officer that the business location is a permitted use pursuant to Borough Ordinances;
g.
A description of each vehicle for which the license is desired, including year, make, model, type serial number of body and motor capacity, length of time each vehicle has been in use, and any other information which the Borough Council shall deem necessary or proper to effectuate the purpose of this section and to determine whether the terms of this section have been complied with.
(Ord. #529-98)
8-14.5 Light Duty and Heavy Duty Wrecker Service. Any person may apply for a license to provide "light-duty" wrecker services or "heavy-duty" wrecker services or to do both, as defined below.
As used in this section, the term "license" refers to the permit to perform wrecker's services as herein described. The license is granted to a wrecker operator to provide these services with those vehicles specified on the license as licensed vehicles for that wrecker operator.
(Ord. #529-98)
8-14.5.1 Light Duty. A light duty wrecker shall be able to handle all makes of passenger cars and small trucks, such as pick-up and small panel trucks (up to six thousand nine hundred ninety-nine (6,999) pounds), and must have or be equipped with the following:
a.
A valid DMV registration and, if required, a valid inspection certificate;
b.
A valid DMV amber light permit;
c.
Dual rear wheels or equivalent;
d.
The garage within which the licensees' business location must be equipped with a portable car dolly or flat bed wrecker;
e.
A power take-off controlled winch with a minimum cable thickness of three-eighths ( 3/8 ″) inch or equivalent;
f.
It must have comparable weight equal to the vehicles to be towed, with a minimum of five thousand five hundred (5,500) pounds;
g.
A three-eighths ( 3/8 ″) 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;
h.
Four (4) double faced rear flashing amber lights mounted high at maximum State requirements and which will be able to be seen over any towed vehicle;
i.
A three hundred sixty (360°) degree rotating amber beacon light mounted over the cab;
j.
All emergency, flashing lights shall be of such candle power in intensity as to be visible one-fourth (¼) of a mile away;
k.
One (1) fire extinguisher (five (5) pound carbon dioxide or dry powder);
1.
One (1) broom, a debris container and shovel;
m.
A minimum of five (5) gallons of absorbent granules for cleaning up fluid spill;
n.
A reflectorized safety vest, which must be worn at night;
o.
Either a two (2) way radio or a cellular telephone.
(Ord. #529-98; Ord. #852-04, § 1)
8-14.5.2 Heavy Duty. All wreckers classified as heavy duty must have or be equipped with the following:
a.
Dual rear wheels;
b.
Manufacturer rating—gross vehicle weight thirty-two thousand (32,000) pounds. Manufacturer rating may be obtained from the factory where the truck originates. Other written evidence of gross vehicle weight may be accepted, if verified;
c.
Power take-off controlled winch with a minimum cable thickness of five-eighths ( 5/8 ″) of an inch;
d.
Four (4) double faced rear flashing amber lights mounted high at maximum State requirements;
e.
A three hundred sixty (360°) degree rotating amber beacon light mounted over the cab;
f.
All lights shall be of such candle power in intensity as to be visible one-fourth (¼) of a mile away;
g.
One-half (½″) inch safety chain. The lift chain and safety chain are not to be attached in any form or manner on the same part of the wrecker;
h.
Air brakes;
i.
Connecting air lines for connection with the air compressor and air brake lines of the towed vehicle;
j.
Detachable light bar with running, stop and turn lights;
k.
One (1) fire extinguisher (five (5) pound carbon dioxide or dry powder);
l.
One (1) broom, a shovel, and a debris container;
m.
A minimum of five (5) gallons of absorbent granules for cleaning up fluid spill;
n.
A reflectorized safety vest;
o.
Portable lighting equipment;
p.
Either a two (2) way radio or a cellular telephone.
(Ord. #529-98; Ord. #852-04, § 2)
8-14.6 Investigation and Inspection; Approval or Denial of Application. Within seven (7) days after receipt of an application as provided for herein, the Borough Clerk's office shall cause an investigation to be made of the applicant and of the subject business operation and proposed or existing location and of each of the vehicle(s) to be licensed. Inspection of the business location shall be made by both assigned police officers and code enforcement officials of the Borough. Said investigation and inspection shall be completed within fourteen (14) days. The Borough Clerk's office may request assistance from the Police Department through the Chief of Police or his designee for the making and completion of such investigation and inspection or may delegate the inspection of the vehicle to an independent person, who is not a wrecker operator, and who shall be qualified by experience and training to make such inspection. An inspection report for each vehicle to be licensed shall be filed with the Borough Clerk's office and shall clearly indicate whether each such vehicle complies with the requirements and standards of this section as set forth herein.
(Ord. #529-98)
8-14.7 Insurance Requirements. The licensee must deposit with the Borough Clerk the following insurance polices or certificates of insurance, specifically naming the Borough as an additional insured:
a.
Garage Liability. A garage liability policy covering the primary and any ancillary storage locations with the limits of liability being no less than one million ($1,000,000) dollars for auto; one million ($1,000,000) dollars for other than auto; and three million ($3,000,000) dollars aggregate;
b.
Garagekeepers Liability. Covering comprehensive and collision in the amount of not less than fifty thousand ($50,000.00) dollars with no sublimits per auto. Deductibles shall not exceed five hundred ($500) dollars per auto and two thousand five hundred ($2,500) dollars maximum per loss on comprehensive coverage and five hundred ($500) dollars per auto on collision coverage. For policies covering vehicles in tow through "on hook" coverage, the "on hook" limit must match the garagekeeper's liability limit;
c.
Workers compensation. Coverage must provide statutory limits with an all states endorsement.
Each policy required herein shall be issued by carriers who have and who shall continue to have an A. M. Best Rating of A- or better, and who are properly licensed by the State of New Jersey to issue such insurance. Furthermore, each such policy shall contain an endorsement providing that thirty (30) days notice shall be given to the Borough Clerk in the event of any material change or cancellation for any cause. Each licensee further agrees to hold the Borough of Sayreville harmless from any and all claims or lawsuits arising by virtue of the furnishing or delivery of towing services by such licensee.
In the event that any policy is changed so as to fail to conform with the above requirements, or if any policy on any wrecker or wrecker operator is cancelled for any reason, the Borough shall notify the person responsible for the policy and it shall be corrected or reinstated or replaced with a conforming policy within fifteen (15) days after the notice is received, and before the date of cancellation. If the wrecker operator shall fail to provide proof of continuing insurance on or before the policy expiration date or the last business date before the expiration date of the policy in such event as the policy expires on a weekend or Borough holiday, the Borough Clerk's office shall immediately suspend the licensee's license and shall notify the Chief of Police or his designee to remove such operator from all Rotation Lists and to cause for all indicia of license, including any stickers, cards, medallions or other means of identification to be taken back from the licensee and returned to the Borough Clerk's office. Any licenses which are suspended may only be restored upon a re-application being made to and approved by the Governing Body.
(Ord. #529-98)
8-14.8 Classification and Approval or Denial of an Application. A decision on an applicant shall be made by the Governing Body within thirty (30) days of the completion of the investigation. Upon completion of the investigation and inspection, the Borough Clerk's office shall promptly classify the wrecker as "light-duty" and/or "heavy-duty" in accordance with the standards given herein, and following approval or denial by the Governing Body shall promptly inform the applicant of same.
The Clerk shall classify and refer an application to the Governing Body for approval only when the following requirements have been met:
a.
The wreckers to be used, on inspection, meet with the required minimum standards for the "light-duty" or "heavy-duty" wrecker;
b.
Adequate proof of the applicant's ability to produce insurance policies as required herein has been submitted;
c.
The applicant and proposed operators are properly qualified to operate and conduct a wrecker service in the Borough in accordance with the requirements as are set forth in this section;
d.
All wrecker operators are currently licensed drivers by the State of New Jersey and such license(s) is (are) not presently revoked or suspended for any reason;
e.
The applicant appears to be in compliance with the requirements of this section and all other governing laws, statutes and ordinances;
f.
Each wrecker has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed thereto. No vehicle shall be licensed as a wrecker which is using dealer's license plates or which has failed the state inspection.
(Ord. #529-98)
8-14.8.1 Approval. If the application is approved, the applicant shall supply the Borough Clerk's office with the insurance policies or certificates prior to the issuance of any license.
(Ord. #529-98)
8-14.8.2 Denial. If the Governing Body denies an application, a letter setting forth the reasons for the denial shall be sent by the Borough Clerk's office by certified mail to the applicant within forty-eight (48) hours of such decision.
a.
An application may be denied for any of the following reasons:
1.
Failure by an applicant to comply with all applicable requirements as set forth hereinabove;
2.
Incomplete, inaccurate or falsified application;
3.
Unsafe or inadequate towing vehicles and/or equipment;
4.
Non-compliance with any provisions of the Borough's ordinance;
5.
The business location is not in a zone where such use is permitted;
6.
Criminal or motor vehicle convictions of the applicant or any principal or his employees, which in the reasonable belief of the Commanding Officer of the Traffic Division of the Sayreville Police Department would jeopardize the safety of customers;
7.
A non-compliant, inadequate or insecure storage facility.
The applicant may request a hearing by the Borough Council. Such a hearing shall be held within twenty (20) days from the receipt of such request. At the hearing, the applicant shall have the right to present all relevant evidence and to cross examine witnesses. The hearing shall be de novo.
(Ord. #529-98)
8-14.9 Regulations by Chief of Police. The Chief of Police or his designee is hereby authorized to establish additional reasonable rules and regulations for the inspection, operation and rotation of wreckers and for the design, construction, maintenance and condition of fitness for the safe conduct of a wrecker service business in accordance with the standards outlined in this section.
Such additional rules and regulations regarding the rotation of wreckers as may be promulgated hereunder by the Chief of Police shall take effect immediately after service of a copy thereof on holders of all appropriate licenses for wreckers in the Borough. Service upon each of the operators may be made by addressing same to the licensed operators by ordinary mail at their last known address. The Chief shall maintain due vigilance over all wreckers to see that they are kept in a safe condition for transporting and hauling disabled vehicles and shall have the right at all times to inspect all licensed wreckers and shall maintain a record, in writing, of the report of all inspections. If at any time the Chief of Police or his designee shall find the equipment inadequate or unsafe, or that the licensee has violated any subsections of this section including, without limit, the charging of fees or the requirements relative to the type of facilities or the amount of space which is to be available for accommodating and storing the disabled motor vehicles, the Chief of Police or his designee shall have the power to demand immediate correction and if not corrected promptly and properly, shall then have the power to revoke or suspend the license of any operator, pending a hearing upon the nature and circumstances of the violation by the Governing Body. That hearing shall be public and shall be held within thirty (30) days after the Chief of Police or his designee, has issued notification of the nature and circumstances of the violation to the licensee. After a public hearing, the Chief, with the approval of the Governing Body, shall have the power to revoke or suspend the license. The Chief of Police is also hereby authorized and empowered to establish such additional rules and regulations, not inconsistent herewith, as may be reasonable and necessary to carry out the provisions of this section. The licensee shall have the right to appeal the decision of the Chief of Police to the Governing Body provided the appeal is made within ten (10) days after the ruling or decision of the Chief of Police.
(Ord. #529-98)
8-14.10 Exhibition of License.
a.
The Borough Clerk's office shall issue a license to the licensee for all light-duty wreckers and all heavy-duty wreckers owned by the licensee. The license issued shall be affixed in a permanent place on all wreckers of the licensee. The license shall bear the name of the Borough of Sayreville, the words "Wrecker License," the official license number of the wrecker and the valid year of issue.
b.
Each operator (driver) shall have in his/her possession, a schedule of towing rates and storage charges and must provide same to a service recipient upon request. The schedule shall be posted, together with the license, on each wrecker owned by the licensee and, upon request by any service recipient, the licensee shall provide the same information as is stated on the license. The cost of each license, which is to be supplied by the Borough Clerk's office and is to be affixed to each wrecker owned by the licensee, shall be paid by the licensee.
c.
All wreckers must have the name of the licensee in permanent lettering painted on both sides of each licensed wrecker. Magnetic signs or other types of temporary signage or lettering, which can be easily removed from sides of a wrecker, shall not be permitted.
(Ord. #529-98)
8-14.11 List of Wrecker Operators; Rotating Calls.
a.
Wrecker's List. The Borough Clerk's office shall compile lists of all licensed "light-duty" and "heavy-duty" wrecker operators and shall amend and update the list from time to time as any licensees are added to or removed from the list(s).
b.
Use of List. Each list may be further segregated into convenient service areas in accordance with subsection (d) hereof and shall be utilized by the Police Department to provide wrecker services whenever necessary.
c.
Service Areas. The Chief of Police or his designee is hereby authorized to segregate the Borough into convenient service areas and to establish a rotating call list and system of rotation for the assignment of wreckers in each service area. Wrecker operators shall he assigned from the rotating list only.
d.
Rotating Calls. The Police Department shall call for wrecker operators in a sequential rotation only so that every wrecker operator, who is listed to provide service within a designated service area, shall be called before any wrecker operator, whose name appears on the same list, shall receive a second call.
e.
Authorized Responses Only. No licensee or other party shall respond to the scene of an accident, except upon direction and authorization of an on-duty dispatcher at police headquarters, or from a police officer who is on duty at the station command desk, or from the station commander of police headquarters, or upon request of the driver or owner of the disabled vehicle.
Such additional rules and regulations regarding the rotation of wreckers, as may be promulgated hereunder by the Chief of Police, shall take effect immediately after service of a copy thereof on holders of all appropriate licenses for wreckers in the Borough.
If, pursuant to the rules and regulations for rotation of wrecker operators adopted under this section, the Police Department summons a wrecker to the scene of an accident for the purpose of removing a vehicle and the owner of the disabled vehicle declines to use the services of the wrecker summoned and indicates that he/she prefers to have the vehicle handled by another licensed wrecker, the officer in charge shall authorize the summoned wrecker to go to the garage designated by the owner of the disabled vehicle. In any event, the summoned wrecker shall be entitled to collect towing charges from either the owner of the disabled vehicle or the owner of the garage to which the vehicle was towed at the direction of the owner or authorized agent of such receiving garage.
In establishing a rotation system for the assignment of wreckers, separate lists shall be set up for light duty and for heavy duty wreckers and the assignment of a heavy duty wrecker to tow a disabled vehicle, which requires a heavy duty wrecker, shall be in addition to and not in limitation of the rights of the operator of heavy duty wrecker to participate without adjustment or "skip" on a rotating basis on the light duty call list.
Any refusal to respond to a request by the Police Department to aid a disabled motor vehicle shall be grounds to have action taken by the Chief of Police or his designee under Subsection 8-14.9. Further, If the Chief of Police or his designee is advised that a licensee has refused to respond to a request, and a satisfactory explanation is not provided by the licensee, the Chief of Police or his designee shall have the authority to immediately suspend the licensee for two (2) turns on the rotating call list.
(Ord. #529-98)
8-14.12 Response Time.
a.
After being requested by a dispatcher or desk officer of the Police Department, approved wrecker operators shall respond to the scene of a disabled vehicle within fifteen (15) minutes between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, except State holidays, and within twenty (20) minutes at all other times, unless such response time is prevented by extraordinary conditions of weather or other extraordinary circumstances resulting in obstruction of general access to the scene.
b.
A wrecker operator shall immediately dispatch a wrecker when requested by the desk officer to respond to an emergency situation.
c.
A wrecker operator shall not remove any vehicle from the scene of an accident without proper authorization from the police officer in charge at the scene.
d.
A wrecker operator's drivers shall not turn around, back up, tow in the opposite direction of normal traffic flow, cross a median, or otherwise operate to obstruct or to create a potentially hazardous traffic condition, unless directed to do so by the police officers present at the scene and under their direction and supervision.
(Ord. #529-98)
8-14.13 Protection and Storage of Towed Vehicles.
a.
The wrecker shall be responsible for any damages occurring to a vehicle due to the licensee's negligence after he has taken possession of same and until the owner or his representative reassumes possession.
b.
The wrecker shall carry insurance in the amounts specified in Section 8-14.7.
c.
All vehicles being stored pursuant to a police investigation must be stored in an isolated, indoors area. All other vehicles must be locked, if feasible, and stored at the operator's business location either indoors or in an area adequately protected by lighting and fencing to secure the safety of all vehicles. All fencing must he a chain link or other type of restrictive fencing, and shall be at least six (6) feet in height and maintained in good condition.
d.
Police Holds. If a police officer requests a "police hold" on a vehicle, a police tow report stating that the vehicle shall be "held" shall be completed by the officer and given to the wrecker driver at the time of the tow. Any vehicles, which are being "held" for further police investigation, shall be delivered to police headquarters and given, into the custody of the Borough Police Department. Any vehicles, which are placed on a "police hold" subject to the presentation of valid documentation (e.g., drivers license, registration, and/or proof of insurance) may be removed to the operator's business location and kept there until the requisite documentation is presented or the vehicle is towed from such location by a subsequent service arrangement.
e.
Motorcycles, Go-Carts, Mini-Bikes, ATVs, etc. All motorcycles go-carts, mini-bikes, ATVs, etc., shall be towed via flatbed wrecker. If a "police hold" has been placed on the vehicle, it shall be transported to the Police Impound as soon as possible and no storage charges are to be assessed. If a "police hold" is not placed on the vehicle, the operator shall store it at his business location and standard storage rates shall apply.
f.
Each storage facility must be of sufficient size to accommodate at least fifteen (15) vehicles at a single location. Each business location must contain at least three thousand (3,000) square feet of usable vehicle storage space, whether indoors or within a secured, fenced-in outside area or both.
g.
All storage facilities must have office personnel normally available on site to arrange for the release and return of stored vehicles from 8:00 a.m. to 4:00 p.m. Mondays through Fridays without advance arrangements and from 8:00 a.m. to 12:00 p.m. on Saturdays, when requested by the owner of a towed vehicle or his agent, except on State holidays. During all other times, operators shall be reasonably available to accommodate the release of vehicles in emergent situations on an "on call" basis, subject to a response charge which shall not exceed twenty-five ($25.00) dollars.
h.
All vehicles towed by a licensee must be stored at an approved storage yard or facility within the Borough.
i.
All yards must meet permitted zoning standards and comply with current municipal ordinances and state laws. This includes the licensee's office structure and attached property.
j.
It is recognized by the Borough that the licensee's yard may be utilized for purposes other than the needs of the Borough. However, the licensee will be required to keep available enough space to meet the prescribed license requirements at all times.
(Ord. #529-98)
8-14.14 Conduct of Operators Generally. A wrecker license hereunder shall be issued subject to the following conditions:
a.
No person owning or operating a wrecker or other towing vehicles, while waiting for assignment, shall stand at any public street, or intersection, or any public or private property, other than his own, without first obtaining the consent of the police officer in charge (of clearing the accident scene or of removing any disabled vehicles) or from the owner of the property;
b.
No person owning or operating a wrecker licensed under this subsection shall permit or invite loitering within or near his wrecker;
c.
No person shall solicit or attempt to divert prospective patrons of another wrecker, nor shall he/she solicit or divert prospective patrons of a requested garage in the Borough to another garage;
d.
No person shall solicit, demand or receive from a person any commission or fee, except the proper fee for transporting the disabled vehicle;
e.
No person shall intercept police calls by short-wave radio or obtain information as to the location of the scene of an accident or disabled vehicle by means of interception of police radio calls for the purpose of procuring towing business;
f.
No person shall pay any gratuity, tip or emolument or any third person not involved in the accident, or to any police officer, for any information as to the location of any accident or for soliciting the employment of the licensee's services, nor give any gratuities, fees or other compensation or gifts to any members of the Police Department.
g.
The licensee who is called to the scene of an accident or other type incident shall be required to clean up the debris at the scene of the incident or accident, to the satisfaction of the police officer in charge at the scene, unless it is determined by the police officer in charge that the same should be done by the Borough Fire Department or Road Department or that a hazardous condition may exist which may require the involvement of or oversight by some other governmental agency. When authorized by the police officer in charge to clean up debris at the scene of the incident or accident, the licensee may charge the driver(s) fees not to exceed the following:
Clean-up fee ..... $45.00
Absorbent material fee (per bag) ..... $15.00
(Ord. #529-98)
(Ord. No. 156-11, § 1, 2-28-2011)
8-14.15 Hours of Service; Communication Equipment.
a.
Wrecker services must be provided on a twenty-four (24) hour, seven (7) day per week basis.
b.
All licensees must maintain an office within the Borough with regular business hours. The office shall be open a minimum of eight (8) hours a day, five (5) days a week. The schedule of hours shall be filed with the Borough Clerk's office. Any change or amendment to the schedule of hours shall be filed with the Borough Clerk's Office within five (5) days prior to the change.
(Ord. #529-98)
8-14.16 Record of Vehicles Towed. Every person owning a licensed wrecker shall keep a copy of the Motor Vehicle Tow Report, which shall be prepared by or at the direction of the Sayreville Police Officer in charge of the scene of the accident or vehicle disablement. Said report shall assign a case number; indicate the date and time that the vehicle was towed, serviced or transported; indicate a reason for the towing; state the make, model and color of the vehicle; the vehicle's license plate and state of registration; and the name and address of the owner of the disabled vehicle; and state the name and badge number of the officer who directed the tow. Immediately after towing or hauling a vehicle to the operator's garage, where the vehicle is left in the safekeeping of the operator, the operator shall prepare a service report on such form or such log books, as shall be designated and approved by the Chief of Police, or his designee, which shall state the date of towing; the scene from which the vehicle was removed; a description of the make, model and color of the vehicle; the vehicle's license plate and state of registration; the name and address of the owner of the disabled vehicle.
(Ord. #529-98)
8-14.17 Register of Wreckers; Identification Cards; Driving Record. The Commanding Officer of the Traffic Division of the Sayreville Police Department shall call for a register to be kept of the names of all those owning or operating wreckers licensed under this ordinance, together with the license number and the description of such wreckers, and the date and complete record of inspection made of each of them.
All operators must have a currently valid N. J. drivers license and maintain a safe driving record.
(Ord. #529-98)
8-14.18 Rates and Services to be Posted and Provided Upon Request. Each wrecker operator shall prominently display a chart on the service wrecker which sets forth all services and related charges, and upon request, shall issue to each person requiring towing services a card, not less than four (4″) inches in width and six (6″) inches in length, in such form as may be approved by the Chief of Police, so as to provide notice of the service rates and conditions of employment under which such wrecker is operating and a notice that in case of any complaint, same shall be filed with the Chief of Police, with a copy to be sent to the Borough's Business Administrator. Any complaints should include the license number of the wrecker which was involved in the instance which is related to the complaint.
(Ord. #529-98)
8-14.19 Fees. The following fees shall be established for a Wreckers License issued in the Borough:
a.
Each application shall be accompanied by an application fee of seventy-five ($75.00) dollars, plus an inspection fee for each vehicle to be licensed as follows:
1. First vehicle to be inspected $25.00 2. Second through 5th vehicle to be inspected $15.00,
per
vehicle3. For every additional vehicle in excess of five (5) vehicles $10.00,
per
vehicleb.
Prior to receipt of a license, each licensee shall pay an annual fee of one hundred fifty ($150.00) dollars.
(Ord. #529-98: Ord. #578-98, § 1L)
8-14.20 Rates for Towing and Storage Service.
a.
Rates charged for towing and storage services shall not exceed the following:
1.
Fifty ($50.00) dollars for road service provided in response to a call from the Borough Police Department occurring at any time of the day or night. Whenever required in order to move a vehicle, the wrecker operator shall provide at the scene, and include within such service charge, two (2) gallons of fuel; or the changing of a flat tire; and/or the jump start of a vehicle;
2.
Reserved;
3.
A flat fee of one hundred ($100.00) dollars for any light duty tow (that is, towing or flatbedding of any vehicle with a gross vehicle weight of under seven thousand (7,000) pounds from any point in the Borough to any other point in the Borough, at any time of the day or night;
4.
A flat fee, which shall not include the cost of reasonable labor charges incurred to prepare the vehicle for transport, of:
a.
Two hundred seventy-five ($275.00) dollars for any heavy duty tow of a vehicle with a gross vehicle weight between seven thousand (7,000) pounds and twenty-six thousand (26,000) pounds from any point in the Borough to any other point in the Borough, at any time of the day or night;
b.
Four hundred fifty ($450.00) dollars for any heavy duty tow of a vehicle with a gross vehicle weight exceeding twenty-six thousand (26,000) pounds from any point in the Borough to any other point in the Borough, at any time of the day or night;
5.
Commencing as of twelve (12) hours from the time that a vehicle is removed from the scene from which it was towed or as of the next calendar day, whichever is later, a flat rate of not more than thirty ($30.00) dollars per day shall be charged for each vehicle with a gross vehicle weight of six thousand nine hundred ninety-nine (6,999) pounds or less, which is stored outside, and thirty-five ($35.00) dollars per day for inside storage of such vehicles; any vehicle weighing seven thousand (7,000) pounds or more shall be subject to a flat rate daily charge of seventy-five ($75.00) dollars per day for outside storage and ninety ($90.00) dollars per day for inside storage; The owner or operator of the vehicle shall be entitled to visit the vehicle, either personally or through an agent, one (1) time free of charge for the purpose of inspecting the vehicle or removing property at the wrecker operator's business location. In the event the owner or operator of the vehicle seeks additional visits to the vehicle, the wrecker operator may charge a one-time administrative fee of thirty-five ($35.00) dollars, which fee will cover any and all subsequent visits. Investigatory visits by law enforcement personnel shall not be considered visits for purposes of this paragraph;
6.
In certain circumstances the licensed wrecker may experience unanticipated delays when called to the scene. These unanticipated delays, referred to herein a "waiting time," may be due to a police investigation, attendance to or removal of injured or ill vehicle occupants, or other circumstances beyond the control of the licensed wrecker. The licensed wrecker may charge the vehicle owner (or operator) a waiting time charge of fifty ($50.00) dollars per hour for light duty wrecker and one hundred ($100.00) dollars per hour for heavy duty wrecker, pro-rated into quarter (¼) hour segments, provided however, that in each such case, the licensed wrecker shall provide the vehicle owner (or operator) with a brief written description of the reasons for imposition of the waiting time charge (for example, "Accident investigation waiting time: fifteen (15) minutes - twelve dollars and fifty cents ($12.50);
7.
There shall be an extra charge for winching service when required. Such charge shall be determined by mutual consent of the wrecker operator and the vehicle owner (or operator), unless ordered by the police in which event prevailing rates and charges shall apply. The minimum charge for crane service for any disabled vehicle having a gross vehicle weight six thousand nine hundred ninety-nine (6,999) pounds or less shall not be less than twenty-five ($25.00) dollars, plus a labor charge based on the reasonable prevailing labor rate charged by the licensed wrecker operator, together with such other reasonable charges for labor and equipment as shall be mutually agreed to between the vehicle owner or operator and the licensed wrecker operator based on actual conditions encountered at the scene from which the vehicle is towed. The minimum charge for crane service for disabled vehicles having a gross vehicle weight seven thousand (7,000) pounds or more shall not be less than seventy-five ($75.00) dollars, plus a labor charge based on the reasonable prevailing labor rate charged by the licensed wrecker operator, together with such other reasonable charges for labor and equipment as shall be mutually agreed to between the vehicle owner or operator and the licensed wrecker operator based on actual conditions encountered at the scene from which the vehicle is towed.
b.
Every licensed wrecker operator shall give the owner or operator of the vehicle being towed or serviced a written receipt itemizing the fees paid in accordance with the rates herein and as posted for the services which are required or directed to be rendered.
c.
Police Holds. Any vehicles stored on Borough property pursuant to a police hold shall be subject to the following fees, payable to the Borough of Sayreville: Commencing as of twelve (12) hours from the time that a vehicle is removed from the scene from which it was towed or as of the next calendar day, whichever is later, a flat rate of not more than thirty ($30.00) dollars per day shall be charged for each vehicle with a gross vehicle weight of six thousand nine hundred ninety-nine (6,999) pounds or less, which is stored outside, and thirty-five ($35.00) dollars per day for inside storage of such vehicles; any vehicle weighing seven thousand (7,000) pounds or more shall be subject to a flat rate daily charge of seventy-five ($75.00) dollars per day for outside storage and ninety ($90.00) dollars per day for inside storage.
(Ord. #852-04, § 3)
(Ord. No. 156-11, §§ 2, 3, 2-28-2011)
8-14.21 Violation. Any license issued under this section shall be suspended by the Borough Clerk's Office for failure to maintain insurance coverage, and may be suspended or revoked by the Governing Body for violation of any of the provisions of this subsection, or of any applicable State Statute or any rules and regulations made by the Chief of Police. Proceedings for suspension or revocation shall follow service of at least five (5) days' advance notice of charges preferred against the licensee and shall afford a reasonable opportunity for hearing. Furthermore, the Chief of Police shall have the discretion to issue a letter of reprimand in lieu of recommending the suspension or revocation of any license. Any such letter of reprimand shall be kept on file and may be considered by the Governing Body during any subsequent hearing with respect to the suspension or revocation of a wrecker's license.
(Ord. #529-98)
8-14.22 Exceptions. Nothing in this section shall apply to persons who provide towing services by arrangements which are made independent of any involvement by the Sayreville Police Department and/or which are unrelated to incidents to which the Sayreville Police Department has responded and requested and/or directed the provision of wrecker services.
(Ord. #529-98)
8-14.23 Indemnification of Borough. The application of any operator for a license pursuant to this section shall imply an agreement by the operator that, upon the issuance of a license, the licensee shall indemnify the Borough of Sayreville against all statutory, common law or contractual claims of third parties relating to any acts or services performed or rendered or which failed to be performed or rendered by the licensee. Any formal agreement to provide said indemnification shall be in such form as is approved by the Borough Attorney and shall be properly executed by the operator and attested to by an authorized notary of the State of New Jersey.
(Ord. #529-98)
8-14.24 Cancellation of License. As previously stated herein, the termination or expiration of any of the insurance coverages, which are required herein, shall cause for the immediate suspension of a wrecker's license, unless renewal or replacement of such coverage is timely made in compliance with the applicable requirements as are set forth hereinabove. Furthermore, the Borough reserves the right to cancel any license for any other cause, following thirty (30) days written notice. However, this shall not preclude the Borough's right to cancel a license immediately after a hearing, if the licensee fails to abide by the terms of the license. If a license is cancelled, following a thirty (30) days notice and/or a hearing, the licensee will not have the opportunity to be reinstated until the following calendar year.
(Ord. #529-98)
* Prior ordinance history: Ordinances 1015, 1031, 1049, 1288, 1399, 1494, 1546-85, 174-91 and 523-97