Prospective tow list operators must have a duly licensed towing
facility or auto repair facility meeting the requirements set forth
in this chapter.
A.
License application data required. An application for license shall
be in writing, upon a license application form furnished by the Borough
of Clayton, signed by the applicant and filed with the Chief of Police.
Said application shall contain the following information:
(1)
The name, business address, business name and telephone number of
the towing operator.
(2)
The location of the towing operator's towing facility.
(4)
The type, condition, and design of tow vehicle(s) and equipment available
for service.
(5)
Communication availability, including radio communications, and the
location and availability of the dispatch center.
(6)
The name, address and driver's license number of each driver
or operator of the tow vehicle(s).
(7)
Proof that each vehicle to be licensed is duly registered and inspected
by the State of New Jersey, Division of Motor Vehicles, as a tow vehicle.
B.
If a corporation applies, the application shall be signed in the
name of the corporation by the president and attested by the secretary.
C.
Said application shall be duly verified by the applicant before a
notary public or some other person duly authorized to administer oaths.
D.
Each such application shall be accompanied by the full amount of
the license fee hereafter prescribed.
E.
No license shall be issued to a towing operator unless the applicant's towing facility is located within a zoning district where such use is permitted in accordance with Chapter 88, Unified Development, or unless a use variance has been obtained therefor, and any and all Planning Board approvals and/or permits have been obtained therefor, or unless sufficient proofs are provided by the applicant that said facility was operated at its present location prior to adoption of Chapter 88, Unified Development, of the Borough of Clayton.[1]
F.
The tow vehicle(s) shall comply with any and all state, federal and
local laws, regulations and ordinances pertaining to safety, lighting
and towing equipment and shall be subject to inspection by the Chief
of Police or a designee at any time.
G.
An application shall not be deemed complete unless accompanied by:
(1)
A letter of good conduct from the Borough of Clayton Chief of Police
verifying that the towing operator has provided proof of a current
and valid driver's license for each driver or operator.
(2)
A letter of compliance from the Zoning Officer for the facilities
of the tow operator's base of service, dispatch and/or storage
area that such facilities are not in violation of applicable land
use ordinances. This also applies to any tow facility not within the
Borough of Clayton.
(3)
A letter of compliance from the Zoning Officer or such other official
as applicable representing the municipality having jurisdiction over
the property of the tow operator that such property is not in violation
of applicable property maintenance and health codes. This compliance
letter shall include the dispatch facility and storage facility if
not one and the same.
(4)
All municipal taxes paid in full.
H.
The Borough of Clayton shall have the right to verify the accuracy
of the information supplied in the application by interviewing, investigating
and inspecting all personnel, vehicles, equipment and storage areas
proposed for utilization by the applicant and to determine compliance
with all applicable laws, regulations, and standards of performance
required by this chapter.
I.
The deadline to submit an application is November 15 of the current
year for consideration to be on the following year's tow list.
Completed applications are to be delivered to the Chief of Police.
Applications may be submitted at other times of the year if the number
of regular duty towers on the approved list of towers falls below
three.
J.
The Chief of Police of the Borough of Clayton, or a designee, upon
receipt of a completed application, shall confirm that an existing
business can operate a towing business in its current zone, or if
a new business can operate as a towing business in its planned location,
by reviewing the Zoning Officer's letters of compliance submitted
with the application. If not, the Chief will deny the application.
If the towing business can operate in the zone, the Chief will proceed
with conducting a background investigation on the towing operator.
This investigation shall include an inspection of the towing facility,
the tow vehicle(s) and the towing operation, and inquiry into all
relevant matters, to determine if the towing operator meets the requirements
of all applicable laws, regulations, standards of performance and
security of vehicles towed or stored as mandated by N.J.S.A. 40:48-2.49b.
K.
The Police Department may request and obtain additional information
from the Chamber of Commerce, Department of Weights and Measures and
Consumer Protection Agency of the applicable county and from any other
appropriate sources.
L.
The towing operator shall at no time transfer or assign a license
or any part thereof, for any purpose whatsoever.
M.
No individual shall operate a tow vehicle unless the State of New
Jersey duly licenses that individual. Any change in licensure of vehicle
operators during the period of the license must be reported to the
Police Department within 15 days of such change. Failure to report
shall be basis for removal of the vehicle operator for the remainder
of the year.
N.
All tow operators drivers licenses shall be checked yearly in order
to confirm their validity.
A.
Upon completion of the aforesaid investigation, the Chief of Police
shall file a written report as to his findings and issue a recommendation
of approval or disapproval with the Borough Clerk for Borough Council's
approval or disapproval.
B.
If the Chief of Police recommends that the towing operator not be
approved, he shall complete a written report specifying the findings
and the reasons for the recommendation of rejection. The Chief of
Police will furnish a copy of the report to the towing operator by
certified mail and will provide a copy to the Borough Clerk.
C.
Any towing operator who is denied a license based upon the findings
and recommendations of the Chief of Police may after receipt of notification
file an appeal within 10 days with the Borough Clerk. The Borough
Clerk shall then schedule a hearing before the Borough Administrator.
Upon completion of the hearing, the Borough Administrator shall file
a written report as to his or her findings and issue a recommendation
of approval or disapproval with the Chief of Police and the Borough
Clerk for Borough Council's approval or disapproval.
In order to be included on the Borough of Clayton Police Department's
tow list, a towing operator shall submit proof of insurance with his/her
application on or before November 15 that his/her towing facility
is insured by a reputable insurance company licensed to do business
in the State of New Jersey with a standard general liability insurance
policy designed to cover garage operations. Said insurance policy
shall provide for minimum monetary limits for any single occurrence
as follows:
A.
Automobile liability in an amount not less than $750,000 for light/medium
tow trucks and $1,000,000 for heavy-duty trucks.
B.
Workers' compensation as required by statute.
C.
Garage keepers legal liability in an amount not less than $100,000
per location.
D.
Garage liability, including cargo insurance in an amount not less
than $100,000 per location.
E.
A certificate of insurance naming the Borough of Clayton as a certified
holder for a one-year term with a thirty-day notice of cancellation.
(1)
The insurance company must be an approved carrier licensed to do
business in the State of New Jersey. The aforesaid insurance policy
shall also be written as to include coverage for the property owned
by others which is in the care, custody or control of the licensed
towing operator, including the perils of transportation for any motor
vehicle in the possession or control of the towing operator. The garagekeeper's
legal liability shall include comprehensive and collision coverage.
Said insurance policy shall provide that the insurance company will
pay on behalf of the Borough for any and all claims against the Borough
resulting from the operations of the towing operator, including any
and all attorney fees.
(2)
The insurance coverage shall provide that the insurance policy may
not be canceled or materially changed without 30 days' prior written
notice to the Chief of Police of the Borough of Clayton Police Department.
(3)
The towing operator shall agree in writing to assume the defense
of and indemnify and hold harmless the Borough, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Borough may be subjected of
any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, storage and/or
emergency services provided by the towing operator pursuant to this
chapter. Tow operators shall enter into a hold harmless agreement
in a form to be approved by the Borough Solicitor prior to being included
on the towing list. The Chief of Police will include a hold harmless
agreement in his notification to the towing operator if his/her application
is approved by the Borough Council as outlined below.
Upon the receipt and review by the Chief of Police of a completed
application, and upon the filing by the Chief of Police of a written
report of findings resulting from the investigation of the applicant
and a recommendation of approval, the Chief shall give the application
to the Borough Clerk for inclusion as an agenda item for the year-end
Council closeout meeting for the governing body's consideration.
If the Borough Council has determined to approve the granting of such
license, it shall do so by resolution. Upon the adoption of such resolution,
the Chief of Police shall issue a license certificate, which shall
state the purpose for which the license is granted, the owner name,
business name, the base of service address of the licensee, and the
date of its expiration, which said license certificate shall be signed
by the Chief of Police.
All licenses issued under this chapter shall be effective for
the period of one year. The license shall begin on January 1 and end
on December 31 (12:00 midnight). All licenses shall expire automatically.
[Amended 5-10-2018 by Ord. No. 9-2018]
A nonrefundable fee of $250 shall be submitted simultaneously
with all applications.
A license may be revoked or suspended at any time for just cause,
by the Borough of Clayton, for violations of any provisions of this
chapter, or for violations of New Jersey State law.
