[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City 11-8-1990 by Ord. No. 1990-17. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The Chief of the Police Department of the City or anyone designated
by him.
Any place, building, garage or other entity that is used for the
storage of towed vehicles.
Any person who operates a tow truck or is in the employ of a licensed
towing operator who has obtained a valid mercantile license to operate a tow
truck.
Any person, company or corporation or other entity that has obtained
a mercantile license from the City of Margate City to tow vehicles from a
parking facility.
The standing or waiting on any private or quasi-public property.
Any building, structure, garage, outdoor space, place, driveway,
parcel of land or enclosure or any portion thereof where a motor vehicle may
be parked, stored, housed or kept.
Any device upon or by which any person or property is transported
from one place to another.
A.
The applicant for a license to operate a towing company
or a towing facility or to operate a tow truck or to operate a towing storage
facility shall make a truthful, written application therefor on a form to
be provided by the Police Department, which application shall be sworn to
and filed with the Police Department. The form shall include:
(1)
The full name of the applicant, with his date of birth,
social security number, thumbprint or fingerprints.
(2)
Residential address.
(3)
If the applicant is a corporation, the location of the
registered office in New Jersey and the name of the registered agent.
(4)
The address of the towing facility.
(5)
A sketch of the towing facility, along with a photograph
of the towing facility.
(6)
Certificates showing public liability and property damage
insurance in the following amounts: $1,000,000 liability and $200,000 property
damage. The City of Margate City shall be included as additionally named insured
on the applicant's liability insurance policy.
(7)
Whether or not any person listed in the application has
been convicted of a crime, specifying the nature of the offense and the date
and jurisdiction of the conviction.
(8)
The frequencies of all radios used in the applicant's
business.
(9)
Anything else that the Chief of Police shall deem necessary.
B.
No tow truck or towing facility shall be used without
first securing all licenses as hereby provided.
C.
No license shall be issued without the approval of the
Chief of Police.
D.
No license shall be issued to any person who shall have
been convicted of a crime relating adversely to the operation of a motor vehicle
repair garage or towing operation or larceny of a motor vehicle.
E.
The tow truck license or a copy shall be kept in the
tow truck at all times.
A.
The Chief of Police is given the power and authority
to investigate all applications for licenses under this chapter. If, after
said investigation, said Chief of Police shall be reasonably satisfied that
the statements set forth in the application are correct, he shall recommend
to the Commissioners to authorize the City Clerk to issue a mercantile license
after the payment of a proper fee.
B.
In the event that the Chief of Police disapproves the application for false statements, record of arrest or violations as stated in § 248-2A(7), the applicant may apply within 10 days, in writing, to the Commissioners of the City of Margate for a hearing and shall be granted a hearing before said Commissioners. and the applicant shall be entitled to legal counsel and shall be permitted to present any witnesses or evidence. If, at said hearing, the Commissioners find that substantial misstatements were made, they may deny the application.
C.
The Chief of Police has the authority to suspend or revoke
any license for any violation of this chapter. Such suspensions may be appealed
to the City Commission within 10 days' notice to the licensee.
D.
The Chief of Police is authorized and empowered to establish
reasonable rules and regulations governing the inspection of tow trucks.
E.
Any employee of the towing company shall be the operator's
designee for correspondence or summonses from the City of Margate.
There shall be no towing from unattended lots unless the following conditions
are met:
A.
B.
There is a current valid contract with the owner or operator
of the parking facility and that contract is on file with the Chief of Police.
C.
Each vehicle towed must be inspected prior to towing
for any existing damage, and a towed vehicle report in a form approved by
the Chief of Police or his designee shall be filled out before the vehicle
is removed. The towed vehicle report shall describe any damage to the vehicle
and shall be kept at the towing storage facility for inspection by any interested
party.
D.
After the vehicle has been hooked and lifted, but before
it has left the lot, a report must be called by telephone into the Margate
City Police Department advising that the vehicle is being towed. The report
shall contain the following information:
E.
If the vehicle has not been lifted prior to the owner's
return to the lot, whether it is hooked or not, it is to be released with
no charge.
F.
If the vehicle has been lifted but not removed from the
lot prior to the owner's return to the lot, a fee of no more than 50% of the
authorized towing service fee may be imposed for the release of the vehicle.
G.
All tow truck drivers must wear an identification card
provided by the City Police Department with the name and photograph of the
driver. The identification card must be worn conspicuously displayed on the
outside of his clothing. The identification card shall contain the applicant's
name and mercantile license number in large visible numerals.
H.
No vehicle is to be removed from its original spot until
it has been established by the Margate City Police Department that said vehicle
is not a stolen vehicle or a vehicle wanted in the commission of a crime.
I.
Should a vehicle be found to be stolen or wanted, the
Margate City Police Department shall be notified, and the City's contract
tower shall remove the vehicle in accordance with directions from the Police
Department to a City lot for the preservation of evidence.
A.
The mercantile license shall be prominently displayed
in the tow lot storage facility.
B.
All vehicles towed must be stored in that location which
is specified in the application for mercantile licenses.
C.
Records.
(1)
Each operator will maintain at the facility to which
the impounded vehicle is being towed a log or entry book for vehicles towed
and a copy of the contract authorizing such towing service.
(2)
The log book and contracts and all other records are
to be displayed to any law enforcement officer, including members of the Margate
City Police Department, when requested. The contract or agreement to tow and
the mercantile license must be displayed to any interested party requesting
them.
D.
Each towing company shall be responsible for damage while
providing a towing service.
E.
It shall be the responsibility of the towing operator
after at least 48 hours from the time the vehicle has been impounded to send
a written request to the Division of Motor Vehicles in the state where the
vehicle is registered for a certified copy of registration for the motor vehicle
in question.
F.
Fees.
(1)
Within 48 hours after the information is received from
the Division of Motor Vehicles, it will be the towing company's responsibility
to notify the vehicle owner of the circumstances surrounding the towing and
the fees incurred. The fee for the inquiry to the Division of Motor Vehicles
may be added to the fees already outstanding for the initial towing and storage
fees.
(2)
The maximum authorized towing service fee which may be
charged to a vehicle owner for its release shall be:
(a)
Passenger cars and light trucks: $85.
[Amended 3-14-1991 by Ord.
No. 1991-7]
(b)
Trucks/vans, with a gross vehicle weight greater than
6,000 pounds and up to and including 10,000 pounds GVW (gross vehicle weight),
$125. The GVW shall be determined by the GVW as stated on the current registration
for the vehicle in question.
[Amended 3-14-1991 by Ord.
No. 1991-7]
(c)
Other vehicles having a gross vehicle weight (GVW) greater
than 10,000 pounds: $250.
(3)
Each impound facility shall be manned by a responsible
representative of a towing company 24 hours a day while vehicles are being
stored there, and the releasing of vehicles shall be available 24 hours a
day. There shall be a maximum charge of $5 per day after the first 12 hours
and $5 per day thereafter up to 10 days. From the 11th day, there shall be
a charge of $8 per day.
G.
No vehicle shall be removed from the vehicle storage
facility without first submitting to the towing operator identification from
the person claiming such motor vehicle. A receipt for the towing service must
be provided which shall show the full towing service name, address and phone
number and shall be endorsed by the agent releasing the vehicle and the signature
of the person receiving the vehicle, plus the fee for said service.
H.
If a vehicle is towed in violation of any section of
this chapter, the vehicle is to be released at no cost.
I.
All tow trucks must be equipped with a rotary or flashing
amber light approved by the Chief of Police. A permit must be issued pursuant
to Title 39 of the New Jersey Statutes Annotated. Approved-type fire extinguishers
for gasoline or electrical fires and road flares are also required.
J.
All tow trucks must be kept in good running condition,
including but not limited to tires, brakes, steering mechanism, lights and
body and tow body (boom mechanism).
K.
All tow trucks shall have the name of the registered
owner, address and telephone number, mercantile license number and fees schedule
painted or decaled on or permanently attached to both sides of the tow truck.
L.
A copy of the tow truck's mercantile license must be
kept in the tow truck at all times.
M.
All tow trucks must be inspected by the Police Department
at least once a year.
A.
Any person violating any provision of this chapter shall,
upon conviction in the Municipal Court of the City of Margate, be subject
to a fine not to exceed $1,000 or imprisonment in the county jail for a term
not to exceed 90 days, or both, in the discretion of the Judge hearing the
same.
B.
In addition, the license issued by the City of Margate
may be administratively revoked by the City Commission for just cause after
conducting a hearing. A license may be revoked or suspended for a filed complaint
from the public where it has been determined that the operator is using unscrupulous
methods, charging exorbitant fees, permitting items of personal property to
be removed or damaging vehicles as a result of negligent and unskilled operators,
drivers and crews.
