§89-71. Definitions.
As used herein, the following terms shall have the meanings indicated:
TRUCK -- Every motor vehicle designed, used or maintained primarily for the transportation of property, including but not limited to buses, tractor/trailers and any motor vehicles having a gross registered weight in excess often thousand (10,000) pounds. [Added 5-13-1992 by Ord. No. 92-0SR]

WRECKER -- A self-propelled vehicle equipped and employed for the purpose of towing, transporting and conveying or removing any and all kinds of vehicles which are unable to be or actually are not operated under their own power, for which services a charge or fee is exacted.

WRECKER ROTATION -- The system by which licensees are rotationally contacted by the Police Department to provide wrecker services to vehicle operators. The party providing wrecker services herein shall be referred to as the "rotation wrecker."

§89-72. License required; exceptions; fee.
A. No wrecker shall operate upon the streets without first obtaining a license from the Borough of Fanwood.

B. Nothing in this Article shall apply to wreckers who:
(1) Pick up disabled vehicles outside the borough limits and are in the course of taking such vehicles to a garage either in or about the borough.
(2) Are from outside the borough and whose services are requested by the owner or driver of a disabled vehicle only for the purpose of removing the vehicle outside the borough limits.

C. The annual fee for such license shall be one hundred dollars ($100.) per year. Said fee shall not be prorated during a given year.

§89-73. License application; enforcement.
A. The application shall contain:
(1) The full name and address of the owner, lessee or bailee and the applicant.
(2) The type of vehicle for which the license is desired.
(3) The location, description and hourly availability of the tow trucks owned or operated by the applicant.
(4) An indication that the applicant has available space for properly accommodating and storing all disabled motor vehicles to be towed and otherwise removed from the place where they are disabled.
(5) The proposed rates to be charged.
(6) Any other information that the Public Safety Committee of the Borough of Fanwood may deem necessary to protect the public interest.

B. The application shall have fixed thereto an affidavit sworn to by the applicant that all statements in the application are true.

C. [Added 5-13-1992 by Ord. No. 92-05R] Each applicant for towing and storage services shall provide the following documentation:
(1) An affidavit of noncollusion.
(2) Nondiscrimination statements as required by N.J.S.A.. 10:5-31 et seq.
(3) A statement that such person owns, leases or controls all the necessary equipment required by a licensed tower.
(4) A statement providing the names of principals of the applicant and, in the case of a corporation, the names of the officers and directors and all persons owning more than ten percent (10%) of the corporation.

D. The Chief of Police or his/her designee is hereby authorized to administer and enforce all provisions of this Article relating to wreckers and towing. [Added 5-13-1992 by Ord. No. 92-05R]

E. All applications for towing and/or storage of vehicles shall be submitted to the Borough Clerk. [Added 5-13-1992 by Ord. No. 92-05R]

F. The Borough Clerk or his/her designee, with the advice of the Chief of Police and using the requirements of this Article, shall approve all applications for towing operators to be used on a rotational basis for the purpose of providing emergency towing, road and storage services to the owners of motor vehicles utilizing all roadways in the borough. [Added 5-13-1992 by Ord. No. 92-05R]

§89-74. Insurance.
No license shall be issued to an applicant hereunder until he shall have deposited with the Borough of Fanwood the following insurance policies:

A. A garage keeper's liability policy covering fire and theft in the minimum amount of thirty-five thousand dollars ($35,000.) per vehicle and collision coverage in the minimum amount of one hundred thousand dollars ($100,000.) per accident.

B. A garage liability policy covering the operation of the applicant's business, equipment or vehicles and for any bodily injury or property damage. This policy will be in the amounts of one hundred thousand dollars ($100,000.) for any one (1) person killed or injured and five hundred thousand dollars ($500,000.) for more than one (1) person killed or injured in any one (1) accident. This policy shall also provide twenty-five thousand dollars ($25,000.) coverage for all damages arising out of injury or destruction of property.

C. Each policy required herein must contain an endorsement providing for thirty (30) days' notice to the borough in the event of any material change or cancellation.

§89-75. Standards for granting a license.
The Borough of Fanwood shall grant a license hereunder when it is determined that:

A. The public convenience and necessity require the proposed wrecking service for which application has been submitted.

B. Insurance policies as required by this Article have been procured.

C. The applicant is a reputable person.

D. The applicant has never been convicted of any crime within the past ten (10) years which would impact upon his ability to properly perform as a licensee.

E. The applicant has suitable storage space for towed vehicles.

F. The requirements of this Article and all other governing laws, statutes and ordinances have been met.

G. The applicant for a tower's license has a minimum of two (2) tow trucks, one (1) of which shall be of the flatbed type. [Added 5-13-1992 by Ord. No. 92-05R]

H. In the event that a truck meeting the criteria of the Commercial Driver License ActEN(I) is towed, it shall be the responsibility of the licensed tower to arrange for removal and/or storage of said truck. [Added 5-13-1992 by Ord. No. 92-05R]

§89-76. Duration of license.
A wreckers license shall be issued for one (1) year commencing January 1 and expiring December 31 and shall not be prorated.

§89-77. Towing fees. [Amended 9-11-1991 by Ord. No. 91-07R]
The following shall comprise a list of fees for towing and storage services of vehicles in the Borough of Fanwood:

A. Daytime (8:00 a.m. to 4:30 p.m., except as otherwise set forth herein): first mile or less, forty dollars ($40.); each additional mile, one dollar and seventy-five cents ($1.75).

B. Nighttime, weekends and holidays: first mile or less, fifty dollars ($50.); each additional mile, one dollar and seventy-five cents ($1.75).

C. Dolly tow: twenty-five dollars ($25.), plus the normal rate set forth therein.

D. Out-of-town: seven dollars ($7.) minimum, plus the normal rate, plus one dollar ($1.) per mile over seven (7) miles.

E. Winching: fifteen dollars ($15.). If a winch is needed to complete the tow and if an unreasonable amount of time is needed to complete the tow, then a reasonable amount may be charged related to the time used and difficulty encountered.

Storage services:

(1) Inside storage capacity:

(a) Twenty-one (21) or more spaces: fifteen dollars ($15.).
(b) Ten (10) to twenty (20) spaces: twenty dollars ($20.).
(c) Less than ten (10) spaces: twenty-five dollars ($25.).

(2) Outside secured storage capacity:

(a) Twenty-one (21) or more spaces: ten dollars ($10.).
(b) Ten (10) to twenty (20) spaces: twelve dollars ($12.).
(c) Less than ten (10) spaces: fifteen dollars ($15.).

(3) Outside unsecured storage capacity:

(a) Twenty-one (21) or more spaces: eight dollars ($8.).
(b) Ten (10) to twenty (20) spaces: ten dollars ($10.).
(c) Less than ten (10) spaces: twelve dollars ($12.).

G. The tower shall be permitted to make reasonable charges for additional services such as flatbedding, waiting time and clean up costs.

§89-78. Storage of towed vehicles.
A. Disabled motor vehicles to be towed or otherwise removed from the place where they are disabled shall not be stored or allowed to remain on public property, any street or any property in the Borough of Fanwood which is not zoned for such storage.

B. License applicants shall provide a diagram of the applicant's property showing the space designated for accommodating disabled vehicles.

C. License applicants are required to have a minimum space for storage of at least twelve (12) motor vehicles.

D. If the storage property is leased by the licensee the duration of the lease shall be concurrent with the duration of the license as described in §89-76 of this Article.

E. Licensees are required to store towed vehicles at their principal place of business and within the limits of the Borough of Fanwood. This regulation may be waived by the Mayor and Council upon the recommendation of the Public Safety Committee of the Borough of Fanwood. Consideration for waiver shall be only in cases where the applicant proves hardship or for the convenience of the Borough of Fanwood.

F. Storage areas shall be kept in a safe and sanitary condition and screened from public view. Screening shall comply with existing zoning requirements.EN(2)

G. The Chief of Police, or his designee, shall be permitted to enter storage areas to assure compliance with this Article. If noncompliance is determined, the Chief of Police shall report his findings to the Public Safety Committee, who may authorize up to ten (10) days to comply. Upon such notice by the Public Safety Committee, the licensee may request a public hearing before the Public Safety Committee to discuss the noncompliance. The request for such hearing shall be made to the Public Safety Committee, in writing, within fourteen (14) days of notification of noncompliance. In the event that compliance is not met within the specified time period, the license shall be revoked and shall not be reinstated until approval by the Mayor and Council.

H. All licensees shall maintain reasonable security for all towed vehicles to safeguard against vandalism and theft.

I. Storage facilities shall be accessible to the public between the hours of 9:00 a.m. and 5:00 p.m. every day except Saturdays, Sundays and legal holidays. [Added 5-13-1992 by Ord. No. 92-0SR]

§89-79. Transfer of license.
Any license issued to a person is not transferable by the licensee to another person.

§89-80. Use of Police Department lot restricted.
No vehicles are to be towed into the Police Department parking lot unless specifically ordered by the Chief of Police or his designated representative. Vehicles under police investigation shall be towed free of charge.

§89-81. Brake tests and inspections of towed vehicles.
Towers shall provide free brake tests and inspections to the Police Department for towed vehicles, upon request. The tower will also be responsible to testify in court with regard to the brake test and/or inspection so conducted.

§89-82. Customer's receipt.
Every driver of a wrecker shall give the customer a receipt for the fee paid, upon request.

§89-83. Settlement of rate dispute. Amended 5-13-1992 by Ord. No. 92-05R1
A. All disputes under this Article,  89-71 et seq., including disputes relating to fees, shall be submitted to the officer in charge of police headquarters.

B. The officer shall file a detailed report of the dispute with the Chief of Police, who shall be the final departmental authority in settling any such disputes.

§89-84. Service rotation.
A. Licensees providing towing service shall perform on a rotating basis. No licensee shall respond to the scene of an accident, except upon notification by the police officer in charge at police headquarters or upon request of the driver or owner of the disabled vehicle.

B. The Police Department shall keep a record of all towing services assigned by a police officer, listing the date, time and licensee performing the towing service and the owner of the disabled vehicle.

C. Licensees shall respond within fifteen (15) minutes of the time notified. Failure to comply with the fifteen-minute time limit authorizes the police to cancel the tow and assign the next rotation licensee, and the failed licensee shall forfeit one (1) turn in the rotation process.

§89-85. Rules and regulations.
The rules and regulations governing wreckers shall be as follows:
A. No driver of any wrecker shall seek employment by repeatedly and persistently driving his wrecker to and fro in a short space or by otherwise interfering with the proper and orderly progress of traffic along the public highways.

B. No driver or owner of a wrecker shall solicit or attempt to divert prospective patrons of another wrecker and shall not solicit or divert prospective patrons of any garage to another garage.

C. No driver or owner of a wrecker shall solicit, demand or receive from any person any pay, commission or emolument, except the proper fare for transporting the disabled vehicle in accordance with the schedule of charges as given in §89-77 of this Article. He shall not give or offer to give any gratuity, fee or other compensation for gifts to any member of the Police Department.

D. No flashing lights or sirens shall be used on a wrecker, except by permission granted by the State Director of Motor Vehicles under the provisions of N.J.S.A. 39:3-50.

E. Wreckers shall keep and maintain towing equipment which is adequate to perform such towing service in a reasonable workmanlike manner.

F. Wreckers shall not employ or use illegally a shortwave radio to obtain information as to the location of the scene of an accident or disabled vehicle.

§89-85.1. Suspension of licensed tower; appeal. [Added 5-13-1992 by Ord. No. 92-05R]
The Chief of Police shall have the power to suspend a licensed tower from the rotational duty service for failure to comply with this Article,  89-71 et seq., submission of a fraudulent or inaccurate application, violation of any other provision of the Borough Code, violation of any New Jersey law or regulation, violation of any provisions of the Borough Land Use Ordinance or Zoning Code,EN(3) unsatisfactory service as required under this Article and/or violation of any rules of the State Department of Insurance. A licensed tower may appeal the determination of the Chief of Police to suspend that operator by filing such an appeal with the Borough Clerk within ten (10) business days of the decision rendered by the Chief of Police. The Public Safety Committee shall hold a hearing with regard to said appeal and shall render a determination in connection therewith within thirty (30) business days of the filing. The Public Safety Committee shall render its determination within twenty (20) business days following the conclusion of the hearing. The determination of the Public Safety Committee as rendered shall be final and conclusive.

§89-85.2. Availability of copies. [Added 5-13-1992 by Ord. No. 92-05R]
Copies of this Article XVI, §89-71 et seq., and/or any fee schedule in effect shall be available to the public from the Borough Clerk during normal business hours of the Borough Clerk, Monday through Friday, holidays excluded.

§89-85.3. Employment by borough; liability of borough. [Added 5-13-1992 by Ord. No. 92-05R]
Employees of a licensed tower shall not be employed by the borough nor shall such person(s) act as agent or representative of the borough in any capacity. The borough shall not be responsible for the conduct of any employee of a licensed tower.

§89-86. Violations and penalties.
Any person who shall violate any of the provisions of this Article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.) or by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this Article and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense.

NOTE: On-line forms and instructions are provided as a convience to interested parties. They are believed - but not guaranteed - to be complete and accurate. The rules as official adopted by the Borough of Fanwood and available ot Borough Hall always preempt those provided on line. If you need clarification or have any questions, please feel free to Contact Us. Posted 2001-June-03.