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 vehicles are painted and/or repaired.
BOROUGH
The Borough of Clayton.
BOROUGH CLERK
The Borough Clerk of the Borough of Clayton.
BOROUGH COUNCIL
The Borough Council members of the Borough of Clayton.
CLEANUP AND REMOVAL COSTS
All costs incurred by the Borough 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.[1]
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).
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. § 9601 et seq.), and amendments thereto, and those substances listed by the New Jersey Department of Environmental Protection as environmental hazardous substances pursuant to Section 4 of P.L. 1983, c. 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: gross vehicle weight (GVW) 30,000 pounds; gross combination weight rating (GCWR) 80,000 pounds; boom rating 50,000 pounds; winch rating 50,000 pounds; and cable size and length 5/8 inch and 200 feet.[2]
INSIDE BUILDINGS
Any portion of a towing facility that is completely indoors, having one or more openings in the walls for locking 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
The period of 12 months from January 1 through December 31 of each year.
LICENSES AND INSPECTIONS
The State of New Jersey Licenses and Inspections Agency.
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 man-made barrier that is eight feet high or as otherwise required by Chapter 88, Unified Development, 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 a Borough of Clayton police officer.
PUBLIC GARAGE
Any building, structure, or property designed and used for 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, "public garage" means any general repair garage, specialized repair garage, car wash, auto repair facility, or towing facility.
RESPONSE TIME
Not more than 20 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.
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 Borough Council responsible for enforcing codes in the Borough of Clayton. It shall be the duty of the Zoning Officer to carry out the provisions of the ordinances in the Borough of Clayton.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).