The following words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
ABANDONED VEHICLE
Any vehicle that is abandoned on or along any highway, other than a limited-access highway, or other public property or on any private property without the consent of the owner or other person in charge of the property. A vehicle which has remained on or along any highway or other public property or on any private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.
AUTO REPAIR FACILITY
Any public garage where motor vehicle are painted and/or repaired.
CLEAN-UP AND REMOVAL COSTS
All costs incurred by the Township or its agents in the removal or attempted removal of hazardous substances and disposal thereof, or costs for the taking of reasonable measures to prevent or mitigate damage, whether actual or threatened, to the public health, safety or welfare.
DISCHARGE
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous substances into the water, lands or air of the State of New Jersey.
DISPATCH FACILITY
A place established to transmit requests for towing services (i.e., Gloucester County Dispatch Communications Center or Elk Township Police Department).
HAZARDOUS SUBSTANCES
The list of hazardous substances adopted by the federal Environmental Protection Agency (EPA) pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, P.L. 96-510 (42 U.S.C. Chapter 9601 et seq.), and amendments thereto, and those substances listed by the NJDEP as environmental hazardous substances pursuant to Section 4 of P.L. 1983, Chapter 315 (N.J.S.A. 34:5A-4), and amendments thereto.
HEAVY-DUTY TOW
A tow truck with dual wheels, capable of towing large trucks and shall meet the following minimum requirements: GVW: 30,000 pounds; GCWR 80,000 pounds; boom rating 50,000 pounds; winch rating: 50,000 pounds; cable size and length: 5/8 inches and 200 feet.
INSIDE BUILDINGS
Any portion of a towing facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and is secured by a locking device on each opening.
JUNKYARD
Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of scrap metal or other scrap or discarded goods, materials, machinery, or two or more unregistered/uninspected, inoperable vehicles or other type of junk. For purposes of this chapter, an auto repair facility or a towing facility shall not be considered a junkyard.
LICENSE DURATION
The period of 24 months from April 1 to March 31.
LICENSES AND INSPECTIONS
The State of New Jersey Licenses and Inspections Agency.
LIGHT-DUTY TOW
A tow truck or flatbed truck with dual rear wheels, capable of towing automobiles and small trucks, and which truck shall meet the following minimum requirements: GVWR 10,001 pounds.
[Added 4-4-2019 by Ord. No. O-1-2019]
MEDIUM-DUTY TOW
A tow truck or flatbed truck with dual rear wheels, capable of towing automobiles and medium-size trucks, and which truck shall meet the following minimum requirements: GVWR 16,001 pounds.
[Added 4-4-2019 by Ord. No. O-1-2019]
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle comes in contact with any other object, including pedestrians, for which the motor vehicle must be towed or removed from the scene thereof.
NIGHT HOURS
At the closing time of normal business hours anytime between 5:00 p.m. and 8:00 a.m., Monday through Friday, including weekends and holidays.
OUTSIDE SECURED
Any portion of a towing facility that is not indoors and is secured by a fence, wall or other manmade barrier that is a minimum of six feet high and is installed with a passive alarm system (e.g., bell ringer located in the gate area to the enclosed facility) or a similar on-site security measure.
PETROLEUM OR PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form, including, but not limited to, oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, and oil mixed with other wastes.
POLICE HOLD VEHICLES
Motor vehicles which are alleged to have been involved in illegal activity, involved in a fatal motor vehicle collision, or any vehicles designated by an Elk Township police officer.
PUBLIC GARAGE
Any building, structure, or property designed and used for the equipping, adjusting, greasing, washing, polishing, servicing, or storing of motor vehicles, other than at a junkyard, operated for profit and for service to the public. For purposes of this chapter, a public garage means any general repair garage, specialized repair garage, car wash, auto repair facility, or towing facility.
RESPONSE TIME
Not more than 30 minutes from the time of the initial request by the Gloucester County Dispatch Communications Center to the tow vehicle's arrival at the site of the incident requiring tow services, all traffic regulations observed.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount charged by a towing facility for the storage of motor vehicles for any twenty-four-hour period or fraction thereof.
STORAGE FACILITY
A place for the storing of motor vehicles.
TOWING FACILITY
Any public garage that offers towing services.
TOWING OPERATOR
Any entity that operates a towing business or tow vehicle.
TOWING SERVICE
The removal and transportation of a motor vehicle from a highway, street, other public or private road, parking area, storage facility and from other off-road locations such as fields, lakes, rivers and streams. This includes other services such as roadside assistance.
TOWNSHIP
The Township of Elk.
TOWNSHIP CLERK
The Township Clerk of the Township of Elk.
TOWNSHIP COMMITTEE
The Township Committee members of the Township of Elk.
TOW VEHICLE
Those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by the vehicle manufacturer for the transport of motor vehicles.
TOW VEHICLE'S BASE OF SERVICE
The tow operator's principal place of business where the tow vehicle is stationed when not in use.
ZONING OFFICER
An individual who is duly appointed by the Township Committee responsible for enforcing codes in the Township of Elk. It shall be the duty of the Code Enforcement Officer to carry out the provisions of the ordinances listed in Chapter 96 of the Code of the Township of Elk.