The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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- 135-52. Towing rates and other charges. [Amended 3-24-03 by Ord. No. 03-09]
- 8:00 A.M . until 6:00 P.M . - Sixty-five dollars ($65.00) 6:01 P.M . until 7:59 A.M . - Seventy-five dollars ($75.00)
- Additional Charges: 1. W inching (24 hours) $50.00 2. Service Call (8:00 A.M . to 6:00 P.M .)
- $175.00 (24 hours) Additional Charges: 1. Air line connection $25.00 2.
- Use of a w heel lift $25.00 4. Brake releases (per axle)$25.00
- No operator shall refuse to accept M aster Card, Visa or cash as paym ent for services.
- 135-53. Applications for adjustment of charges; hearing.
- 135-53 EAST BRUNSWICK CODE 135-54
- 135-54. Information required to be on application. [Amended 11-25-91 By Ord. No. 91-116]
- 135-54 LICENSES 135-54 THE APPLICANT AND ALL DRIVERS M UST BE LISTED ON THIS FORM NAM E ADDRESS
- 135-54 EAST BRUNSWICK CODE 135-55
- 135-55. Regulations.
- 135-55 LICENSES 135-56
- 135-56. Penalties.
- 135-56 EAST BRUNSWICK CODE 135-58
- 135-56.1. Enforcement.
- ARTICLE VIII Regulation of the Selling or Purchases of Gold, Silver, or Any Other Precious Metals [Added 8-24-81 by Ord. No. 81-374]
- 135-58. License Required, Application Fee, Expiration Date.
- 135-58 LICENSES 135-60
- 135-59. Application Process, Approval, Appeal.
& 135-51 EAST BRUNSWICK CODE & 135-52 shall store it at his Business Location and standard storage rates shall apply. T he vehicle shall be placed inside a building or protected from the elem ents with a tarp or som e other non-porous m aterial. If a juvenile is involved in the operation of the towed vehicle, a detective from the Juvenile Bureau m ust approve the release of the vehicle. G. Storage of Vehicles & Rem oval to the Police Im pound: 1. Vehicles that are towed due to a police request shall not rem ain on the wrecker operator's property longer than fifteen (15) chargeable storage days. After the fifteenth day, the vehicle shall be towed to the police im pound by the wrecker operator who provided the initial tow. Storage and towing charges shall be assessed against the owner or other responsible party by the wrecker operator on a township provided receipt form . A copy of the receipt form m ust accom pany the vehicle when it is towed to the police im pound. 2. Once a vehicle is accepted at the police im pound, the Traffic Division shall send a registered letter to the owner advising him of the vehicle's location and current towing and storage fees. If the owner pays the wrecker operator the towing and storage costs, the vehicle will be released. However, if the owner decides that he no longer wants the vehicle, he m ust sign the title over to the township. The towing and storage fees will be listed as the m inim um bid for the vehicle, which will be sold by the township at the next auction. If the owner fails to respond to the registered letter, the township will apply to the DMV for title and sell the vehicle at the next auction. The towing and storage fees will be listed as the m inim um bid. 3. The m axim um num ber of vehicles which m ay be stored on an East Brunswick-based operator's property shall conform to the sketch approved by the township's Zoning & Code Enforcem ent Officer. & 135-52. Towing rates and other charges. [Amended 3-24-03 by Ord. No. 03-09] A. The m axim um rates that can be charged by any licensed wrecker operator for towing a passenger vehicle (including vehicles listed under & 135-51.F) to his Business Location or to any location within East Brunswick Township are as follows: 8:00 A.M . until 6:00 P.M . - Sixty-five dollars ($65.00) 6:01 P.M . until 7:59 A.M . - Seventy-five dollars ($75.00) Beginning January 1, 2004 and each succeeding year, the towing rates so delineated in Section A shall be increased by an am ount equal to the NY/NJ wage earner CPI for the previous year, as certified by the Township’s CMFO. Additional Charges: 1. W inching (24 hours) $50.00 2. Service Call (8:00 A.M . to 6:00 P.M .) $35.00 (+ cost of consumables) 3. Service Call (6:01 P.M . to 7:59 A.M .) $60.00 (+ cost of consumables) B. The m axim um rate that can be charged by any licensed heavy wrecker operator for towing a truck to his Business Location or to any location within East Brunswick Township is as follows:
$175.00 (24 hours) Additional Charges: 1. Air line connection $25.00 2. Rem oval of a bum per $25.00 13526
3-04 & 135-52 LICENSES & 135-53 3. Use of a w heel lift $25.00 4. Brake releases (per axle)$25.00 The above rates apply only to typical tow situations. Additional charges m ust be justified by a docum ented need for additional personnel, equipm ent, and/or supplies. C. A wrecker operator and a m otorist m ay agree to the paym ent of a fee in excess of the am ount specified in this section when unusual difficulties and/or distances are involved. Such agreem ents shall be without prejudice to the right of the m otorist to apply to the Director of Public Safety for a refund of part of the fee paid on the grounds that it was exorbitant or that the m otorist was induced to pay it by reason of m isrepresentation, duress or som e other unfair conduct by the wrecker operator. D. If a m otorist requests to have his or her vehicle taken to a location within the township other than the wrecker operator's Business Location, the wrecker operator shall com ply if the m otorist has either cash or a credit card to pay for the tow charges. There shall be no additional charge for towing a vehicle to any location within East Brunswick Township. If a wrecker operator is based outside East Brunswick Township, there shall be no additional charge for towing a vehicle to the operator's Business Location. If a m otorist requests to have his or her vehicle taken outside the township, but within Middlesex County, and the wrecker operator is able to com ply with the request, the charge shall be three dollars ($3.00) per m ile for every m ile beyond the boundaries of East Brunswick, regardless of the tim e of day. The m otorist is responsible for negotiating the term s of a tow beyond the boundaries of Middlesex County. No driver or owner of a wrecker shall dem and or receive any com m ission, gratuity or other paym ent other than the established or agreed-upon fee for towing a disabled vehicle. No operator shall refuse to accept M aster Card, Visa or cash as paym ent for services. E. Maxim um vehicle storage charges are as follows: 1. The daily passenger vehicle storage fee, which begins after a 24-hour grace period, shall be tw enty-five dollars ($25.00). "Passenger vehicles" includes autom obiles, m otorcycles, go-carts, m ini-bikes, ATV's, etc. 2. The daily storage fee for trucks, om nibuses, tractor cabs, and/or trailers with GVW R of 8,000 pounds and over, shall be forty dollars ($40.00) each. 3. T he daily storage fee for tractor cabs and/or a trailer, with a GVW R of 10,000 pounds and over, shall be thirty dollars ($30.00) each. F. W recker licensees shall provide every custom er with an East Brunswick Township towing receipt for the towing and storage fees paid. Blank receipt form s are available from the Traffic Division at no charge to licensed operators. The receipts specify the m axim um towing and storage charges, and explain the right to appeal to the Director of Public Safety if a custom er feels the charges are excessive. & 135-53. Applications for adjustment of charges; hearing. T he application to the Director of Public Safety provided for in & 135-52.C shall be m ade within thirty (30) days of the incident. It shall be in writing and contain sufficient inform ation to properly identify the date, tim e and place, as well as the parties involved in the incident. Upon receiving the application, the Director shall set a date for a hearing and 13527
3-04 & 135-53 EAST BRUNSWICK CODE & 135-54 notify all parties involved. The hearing shall be conducted in the m anner provided in Article XVII of Chapter 3, Adm inistration of Governm ent of this Code. The Director shall determ ine what part, if any, of the fee was exorbitant or was paid as a result of m isrepresentation, duress or other unfair practices. The am ount determ ined by the Director shall be im m ediately refunded to the com plainant by the wrecker operator. Failure to im m ediately refund the overcharge will subject the operator to license revocation proceedings in accordance with & 135-8. & 135-54. Information required to be on application. [Amended 11-25-91 By Ord. No. 91-116] In addition to the inform ation required by & 135-2, applicants shall subm it a signed application as follows: APPLICATION FOR A WRECKER LICENSE ____BASIC WRECKER LICENSE ____POLICE TOW LIST WRECKER LICENSE # OF REGULAR WRECKERS:______ # OF HEAVY WRECKERS:______ 1. Name of applicant _____________________________________ Home address _____________________________________________Phone_________ 2. Trade name _____________________________________________________ Business address______________________Phone_______ 3. Owner of vehicles (If leased)______________________________ Address______________________________________________Phone__________ 4. Owner of building (If leased) _ Address__________________________________________________Phone__________ 5. Owner of land (If leased) Address__________________________________________________Phone__________ 6. Name of partner or anyone with investment in this business not previously named in this application__________ Address__________________________________________________Phone__________ 7. Does anyone named in this application have an interest, or obtain financial gain from another business licensed to tow vehicles in East Brunswick? Yes No Name ________________________________________________Phone__________ Address_________________________________________________________________ 8. Does anyone named in this application have any business or personal relationship with any East Brunswick municipal employee, East Brunswick Police Officer, or any elected or appointed township official? Yes__________ No__________ Name________________________________Phone__________ Address_________________________________________________________________ 9. Has applicant agreed to permit anyone not having a disclosed beneficial interest in the license to receive or agree to pay anyone all or part of the gross receipts or net profits derived from this application? Yes__________ No__________ Name____________________________________________________Phone__________ Address_____________________________________________________________ 10. Address of Business Location/vehicle storage facility 11. Required insurance or bond of indemnity for property damage or loss - $75,000, and not less than $500,000 for personal injury per accident. Insurance company__________________________Policy number_____________ 12. Name of agent in New Jersey upon whom service of any proceedings against applicant may be made_____________________________________ Address__________________________________________________Phone__________ 13528
5-98 & 135-54 LICENSES & 135-54 THE APPLICANT AND ALL DRIVERS M UST BE LISTED ON THIS FORM NAM E ADDRESS DATE OF BIRTH DRIVER LICENSE NUM BER SOCIAL SECURITY NUM BER If a wrecker license is granted, I agree to abide by the East Brunswick Township wrecker ordinance. This does not constitute zoning board and planning board approval, which m ust be sought separately. Affidavit of applicant: I hereby swear the above inform ation to be true and correct to the best of m y knowledge. ___________________________________ Applicant's Signature 13529
5-98 & 135-54 EAST BRUNSWICK CODE & 135-55 RELEASE AUTHORIZATION I, ___________________________ am m aking application for a wrecker license within the Township of East Brunswick. A wrecker license application requires an investigation to determ ine m y eligibility. I, therefore, authorize any governm ental entity or part thereof, corporation, com pany, institution or agency and em ployees and representatives of the aforesaid and all other persons without exception to furnish upon request or voluntarily to the East Brunswick Police Departm ent, or their authorized representatives, any and all inform ation, including crim inal history and m otor vehicle records, without exception, pertaining to m e. I do hereby release the above governm ental entity or part thereof, corporation, com pany, institution or agency or em ployees and representatives of the aforesaid and all other persons without exception from any liability whatsoever incurred from furnishing such inform ation. A photostatic copy of this authorization shall be considered as effective and valid as the original. _________________________________ Signature Subscribed and sworn to before m e this ______ day of _______________, 19____. Notary Public: _________________________ & 135-55. Regulations. A. The following inform ation shall be prom inently displayed on the driver's side of every licensed wrecker: 1. The Township of East Brunswick wrecker license num ber. 2. A township-issued rate plate listing the rates charged. 3. The nam e, address and telephone num ber of the owner. 4. The date of inspection of safety equipm ent. B. No driver or owner of a wrecker shall attem pt to divert patrons of one garage to another garage or repair facility. C. No driver of a wrecker shall engage in "cruising" as defined in & 135-46 or otherwise interfere with the progress of traffic on public highways. 13530
5-98 & 135-55 LICENSES & 135-56 D. All wrecker operators and their agents and/or em ployees are required to wear red or orange traffic vests with adequate reflective m aterial for night use when working in the roadway. E. All wrecker operators and their agents and/or em ployees shall com ply with & 209-17.1, regarding the parking of trucks and com m ercial vehicles on East Brunswick Township streets between 11:00 P.M. and 6:00 A.M . In addition, they shall also com ply with & 228-224.C.2 at all tim es in residential areas, including private driveways, if the vehicle dim ensions exceed the lim its specified in the ordinance. F. All wrecker operators and their agents and/or em ployees shall perform reasonable cleanup of all debris associated with an accident or breakdown. All debris and fluid spills shall be rem oved from the scene and disposed of properly by the wrecker operator and/or his em ployee. All licensed wreckers shall carry a m inim um of five gallons of absorbent granules for m otor vehicle fluid spills. G. All wrecker operators and their agents and/or em ployees shall be experienced in the towing of vehicles. Unsafe or im proper towing m ethods m ay result in im m ediate suspension from the Police Tow List. A Basic W recker License m ay be revoked by the Township Council after notice and hearing in accordance with & 135-8. H. All wrecker operators are responsible for ensuring that their agents and/or em ployees are fam iliar with this ordinance. W recker operators shall be held responsible for any violations of this ordinance by their agents and/or em ployees. I. Before a new driver m ay operate a licensed operator's wrecker, he m ust first be investigated and approved in accordance with & 135-48.A and & 135-48.D(6). J. Every year, typically during the m onth of Decem ber, a m eeting will be held at police headquarters for all licensed wrecker operators. A representative of every licensee shall be present at the annual m eeting. & 135-56. Penalties. A. For a violation of any provision of this wrecker ordinance, except & 135-51.B (wrecker response tim e lim its), Police Tow List W recker licensees shall be subject to the following penalties: 1. First violation in any given calendar year will result in a warning letter. 2. Second violation in any given calendar year will result in a 15-day suspension from the Police Tow List. 3. Third violation in any given calendar year will result in a 30-day suspension from the Police Tow List. 4. Fourth violation in any given calendar year will result in a suspension from the Police Tow List for the rem ainder of the calendar year, or for 90 days, whichever is greater. For a violation of any provision of this wrecker ordinance, including & 135-51.B (wrecker response tim e lim its), Basic W recker licensees shall be subject to possible license revocation in accordance with & 135-8. 13531 5-98
& 135-56 EAST BRUNSWICK CODE & 135-58 B. For a violation of & 135-51.B (wrecker response tim e lim its), Police Tow List wrecker licensees shall be subject to the following penalties: 1. First violation in any given calendar year will result in a warning letter. 2. Second violation in any given calendar year will result in a 7-day suspension from the Police Tow List. 3. Third violation in any given calendar year will result in a 14-day suspension from the Police Tow List. 4. Fourth violation in any given calendar year will result in a 28-day suspension from the Police Tow List. 5. Fifth violation in any given calendar year will result in a suspension from the Police Tow List for the rem ainder of the calendar year, or for 56 days, whichever is greater. & 135-56.1. Enforcement. The m unicipal officers and/or agencies designated to enforce the provisions of this ordinance in accordance with due process of law are the East Brunswick Township Police Departm ent's Traffic Division Com m ander, and the East Brunswick Township Zoning & Code Enforcem ent Officer, where applicable.
& 135-57. Definitions as used in this Article: A.
sells gold, silver, precious m etals or jewelry, and includes anyone advertising the purchase or sale of any of the aforem entioned item s. [Am ended 10-12-81 by Ord. No. 81-407] B. "Minor" is any person under the age of eighteen (18). C. "Regulated Activity" m eans the purchase of any item containing gold or silver or gem s or any other precious m etals, except for coins, for subsequent resale purposes and not for personal use. [Am ended 10-12-81 by Ord. No. 81-407] D. "Used Item Containing Gold or Silver". [Deleted 10-12-81 by Ord. No. 81-407] & 135-58. License Required, Application Fee, Expiration Date. A. No person shall engage in a regulated activity as defined above without having first obtained a license therefor from the Township Clerk, which license shall bear a num ber issued by the Township Clerk and shall be prom inently displayed within the licensed prem ises. 13532 12-91
& 135-58 LICENSES & 135-60 B. An application for such license shall be filed with the Township Clerk and shall be accom panied by a license fee of two hundred ($200.00) dollars for the initial application and twenty-five ($25.00) dollars for each annual renewal for each prem ises on which the regulated activity is to be conducted. If on the effective date of this Ordinance a dealer has been in business for a period not less than two (2) years, the fee for initial application shall be twenty-five ($25.00) dollars and investigation pursuant to Section & 135-59 m ay be waived by the Township Clerk. C. Each licensee shall deliver a bond to the Township Clerk executed by the applicant as principal, with a surety com pany authorized to do business under the laws of the State of New Jersey as to surety. The bond, to be approved by the Township Attorney, shall be in the penal sum of Ten Thousand and 00/100 Dollars ($10,000.00), conditioned for the due and proper observance of and com pliance with the provisions and requirem ents of all ordinances of the T ownship in force or which m ay be adopted respecting the conduct of this business and conditioned also that the bond shall be and rem ain for the benefit of any person or persons who shall have received judgm ent against any person licensed under this chapter by reason of any dam age sustained by any such person as having m ade a sale to such licensee, due to dishonesty, fraud or deceit practiced in effecting purchase. D. Each license shall expire on Decem ber 31 of the year in which it is issued.
Upon receipt of an application and fee pursuant to Section & 135-58(b), the Clerk shall refer such application to the Director of Public Safety, who shall institute such investigation of the applicant's m oral character and business responsibility as he deem s necessary for the protection of the public welfare. Upon com pletion of the investigation, the Director of Public Safety shall return the application or a copy thereof to the Clerk, in a reasonable period of tim e, accom panied by his recom m endations as to whether the license should be issued or denied. If the recom m endation of the Director of Public Safety is to deny the license, the grounds for such recom m endation shall be stated. Grounds for recom m ending denial of a license m ay include inform ation indicating that the applicant is not of good
m oral character or is of questionable business responsibility, and a recom m endation of denial shall be given if the applicant has been convicted of any crim e or disorderly persons offense involving dishonesty, fraud, deceit or m isrepresentation. Upon receipt of the recom m endation of the Director of Public Safety, the Clerk shall issue or deny the license accordingly. If the license is denied, seventy-five percent (75% ) of the fees shall be returned to the applicant, the balance going to offset the cost of the investigation. Any person aggrieved by such denial m ay appeal to the Township Council, which m ay affirm , reverse of m odify the decision of the Clerk.
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