[HISTORY: Adopted by the Township Council of the Township
of River Vale 11-29-2010 by Ord. No. 243-2010. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The removal and transportation of an automobile or solid
debris resulting from an accident, motor vehicle crash, or otherwise
from a highway, street or other public or private road, or a parking
area, or from a storage facility, and other services normally incident
thereto, but does not include recovery of an automobile from a position
beyond the right-of-way or berm, or from being impaled upon any other
object within the right-of-way or berm.
A motor vehicle of any type used in the conduct of any business
of professional conveyance, or used as a public or livery means, for
the paid conveyance of passengers.
A vehicle storage facility that is completely indoors, having
one or more openings in the wall, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
into contact with any other object for which the private passenger
automobile must be towed or removed for placement in a storage facility.
This includes all situations which are accidental as to the owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
Entities which:
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pickup body, or delivery sedan, a van, a sport
utility vehicle (SUV), or a panel truck or a camper-type vehicle used
for recreational purposes owned by an individual not used in the occupation,
profession or business of the owner(s).
The maximum allowable amount to be charged by a storage facility
for a calendar day or portion thereof. A new calendar day begins at
12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A.
The governing body of the Township of River Vale shall appoint persons
or companies meeting the criteria set forth in this chapter and engaged
in the business or offering the services of a motor vehicle towing
or wrecker service, whereby damaged, disabled or impounded motor vehicles
are towed or otherwise removed from the place where they are damaged
or disabled, by use of a tow vehicle, as defined in this chapter.
Such persons or companies shall be known as "official towers."
B.
Official towers shall be identified by means of a license which shall
be issued as hereinafter provided.
C.
From calendar year to calendar year, the list of official towers
will remain as is, provided:
D.
If a vacancy on the official tower list occurs for one or more of
the above-named reasons, a notice announcing the vacancy will be published
in local newspapers requesting applications be submitted to the River
Vale Police Department Traffic Bureau. Specific instructions on the
method of submitting an application will also be posted in this notice.
Applications will be processed in the order received, and the vacant
position will be awarded to the first-approved application.
E.
If an official tower is denied renewal for any reason and seeks subsequent
return to the official towers list, the application will be treated
as a new application as of the date of receipt of such request.
A.
All official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled, and located, within the geographic limits of the Township,
when requested to do so by an authorized Township official. The official
tower must be available on a twenty-four-hour-a-day basis, seven days
a week, as scheduled by the Township.
B.
A maximum response time of 25 minutes will be expected from each
official tower called by the Police Department. If the first-called
official tower fails to respond within the expected response time,
the next-listed official tower will be called. Failure to respond
within the stated response time will be considered a violation of
the license, and repeated violations will result in suspension of
the official tower license.
C.
Official towers are and remain responsible for coverage for all periods
for which they are scheduled. Should the scheduled official tower
require another tower to cover a portion of the assigned schedule,
the substitution must be approved in advance by the Police Department
traffic supervisor or his designee and the covering tower must be
another official tower. Unauthorized arrangements for coverage may
result in the removal of the official tower and/or the alternate official
tower from the official tower list.
D.
Substitution of towers under the immediately preceding Subsection C is limited to 10 per calendar year. Should alternate coverage in excess of 10 be required, the requesting official tower will be removed from the Township's official tower list.
E.
Official towers are limited to no more than three missed tows during
a calendar year. A missed tow in excess of this number will constitute
a ground for removal from the official tower list for the remainder
of the calendar year or such other period determined in the sole discretion
of the Township.
F.
If an official tower is removed from the tow list during a fiscal
year, an official tower applicant will be added to replace the official
tower removed.
G.
The official tower shall be responsible for removing all solid and
sweepable debris resulting from a motor vehicle crash.
H.
When requested by the Police Department, the official tower shall
be responsible for the preservation of evidence.
I.
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
J.
The official tower will be required to file an employment nondiscrimination
statement.
K.
The official tower will be required to establish and display to the
public procedures for notification of vehicle owners regarding storage
fees and removal of vehicles from storage.
A.
Application.
(1)
Applications for inclusion on the official tower list shall be made
to the Mayor and Council upon a form provided by the Business Administrator
and shall consist of an original and two true copies, containing the
following information:
(a)
The complete name of the applicant (including the complete corporate
and any "doing business" names), business address, telephone number
and federal/state entity numbers.
(b)
The residence and any other business address and telephone numbers,
including cell telephone numbers, of the owner or the applicant. If
the applicant or the owner is a corporation, the application shall
contain the name, residence and business address, and telephone number
of every stockholder or member owning more than 10% of the issued
stock or membership interest.
(c)
Proof of ownership or valid lease of the vehicles which will
be utilized to provide services pursuant to this chapter.
(d)
Proof of ownership or valid lease of the proposed vehicle storage
area which will be utilized to provide services pursuant to this chapter.
(e)
Such information as may be required by the Mayor and Council
concerning the personnel, vehicles, equipment, storage facilities
and complaint history of such applicant, all as hereinafter provided,
showing that the applicant meets the minimum standards of performance.
(f)
A certificate or certificates of insurance evidencing adequate
insurance coverage as hereinafter provided.
(g)
The names and addresses of two business references that have
knowledge of the applicant's business practices for (at least)
the two years preceding the date of the application.
(h)
A fee of $150 to cover the administrative expenses incurred
by the Township in processing the application.
(2)
An applicant may submit only one application. Persons or entities
with ownership interests in the applicant may not submit applications
for, on behalf of, or in regard to any other applicant. An applicant
may list more than one applicant-company vehicle on its application.
B.
Upon receipt of a complete application, the Business Administrator
will forward at least one copy to the Chief of Police for review and
approval. Review by the Chief of Police shall consist of the following:
(1)
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
drivers' licenses suspended or revoked within the past year.
Conviction of a criminal offense or suspension of a driver's
license within the past year shall be a cause for disqualification
from inclusion on the official tower list.
(2)
Inspections of the vehicles, equipment and storage area proposed
to be utilized by the applicant to verify the accuracy of the information
contained in the application and to determine ability to comply with
applicable laws, regulations and the standards of performance required
by this chapter.
(3)
Interviews with the applicant and the applicant's personnel.
C.
The Chief of Police will conduct the review and render a report to
the Mayor and Council, recommending either approval or denial of the
application and the reasons therefor, within 21 days of receipt of
the application from the Business Administrator. The Mayor and Council
will take action with regard to the application within 30 days of
receipt of the report of the Chief of Police.
D.
The applicant shall be given notice of the date on which the Mayor
and Council will consider the application; the applicant shall be
permitted to appear and be heard at that meeting.
E.
Written notice of the approval or denial of the application will
be provided to the applicant within seven days of the decision of
the Mayor and Council.
F.
If the Mayor and Council fail to take action within 60 days of receipt
of a complete application by the Business Administrator, the application
shall be deemed to have been denied.
G.
An applicant may be included on the official tower list by resolution
adopted at a regular public meeting when, from a consideration of
the application and from such other information as may otherwise be
obtained, the Mayor and Council find that all of the following circumstances
exist:
(1)
The applicant has not knowingly, and with intent to deceive, made
any false, misleading or fraudulent statements of material fact in
the application or in any other document required pursuant to this
chapter or which was submitted to the Borough in connection with the
application.
(2)
The applicant has met the standards of performance described in this
chapter and has furnished the required hold-harmless agreement and
proper certificate(s) of insurance.
(3)
The application has been reviewed and approved by the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense nor had their driver's license
suspended within the past year.
A.
Upon approval of the application as herein provided, the Township
Administrator will issue the applicant an official tower's license
for each tow vehicle or flatbed vehicle to be utilized in providing
services pursuant to this chapter upon payment of the processing fee
of $150 for the application, a fee of $100 for the first license and
$50 for each additional license requested under the application.
B.
The official tower license shall be displayed in the rear window
of the tow vehicle or flatbed vehicle to which it is issued so as
to be visible to the public at all times. The license is not transferable
to any other vehicle, and only those vehicles displaying a license
shall be authorized to perform the duties of official tower.
C.
The official tower license shall be valid for a period of one year
beginning on January 1 of the calendar year and shall be nontransferable.
This license shall be subject to revocation by the Mayor and Council
for any of the following reasons:
(1)
If it is subsequently determined that an applicant or official tower
knowingly, and with intent to deceive, made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter or which was submitted to the Township
in connection with the application or official tower license.
(2)
Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
(3)
Violation of any law, rule or regulation promulgated by the New Jersey
Department of Insurance or the New Jersey Division of Consumer Affairs.
(4)
Unsatisfactory service provided pursuant to this chapter.
D.
If the official tower license is not revoked by the Mayor and Council,
the license will be renewed upon the payment of the renewal fee of
$100 for the first license and $50 for each additional license requested
by the official tower, payable in advance for the next year on or
before December 31; and a satisfactory inspection of the licensed
vehicle by the River Vale Police Department Traffic Bureau.
E.
No official tower license is required for the on-site repair and/or
towing or storage of any vehicle when the request is received by the
official tower from the owner of a vehicle.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle
and one flatbed vehicle.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a tow sling or wheel lift assembly with at
least 100 feet of either three-eighths-inch or seven-sixteenths-inch
cable attached to a motor driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
(3)
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles which will be utilized to provide
services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights affixed on towed vehicles
at night, red colored, when other lights not available.
(d)
Extra chains and cable for pulling or securing a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
a set of jumper cables, a flashlight, one two-pound-or-larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of a motor vehicle crash or behind
a disabled vehicle, and a sufficient quantity and types of tools to
enable the tow vehicle operator to perform proper and adequate emergency
repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall be in compliance with
any and all applicable state, federal and local laws, regulations
and ordinances pertaining to safety, lighting and towing equipment
requirements, and shall be subject to inspection by the Chief of Police
or his designee at any time. No structural or other change may be
made to an inspected vehicle or equipment unless prior written approval
is obtained from the Township.
(3)
Every tow vehicle or flatbed vehicle employed by the official tower
pursuant to this chapter shall display the official tower license
and shall have the name of the official tower displayed on the vehicle
in such manner and of such lettering as conforms to the provisions
of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two persons to provide the services required
by this chapter. All persons employed by official towers to provide
the services required by this chapter shall meet the following requirements
and be subject to the following regulations. They shall:
(1)
Be competent mechanics able to provide minimum road services for
disabled vehicles.
(2)
Have a valid New Jersey auto driver's license or commercial
driver's license (where required) having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(3)
Be mentally alert at all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to interview, and be approved, by the Chief of Police
of the Township prior to rendering any services pursuant to this chapter.
(6)
Not have been convicted of a criminal offense nor had the driving
privilege suspended or revoked within the past year.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building or outside
secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 10
passenger vehicles. All impounded vehicles shall be held in a secured
area, located either inside or outside in the secured storage area.
(b)
The location of both the storage area and the tow vehicle's
base of service shall be within the State of New Jersey and within
two miles of its boundary line.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress and shall be lighted from dusk to dawn.
(d)
The storage area shall be in an area legally zoned for such
use.
(e)
The storage facility shall be available to the official tower
24 hours a day, 365 days per year, and shall be open to the public
on weekdays during normal business hours and for limited hours on
weekends. The minimum hours for recovery of released vehicles shall
be from 8:00 a.m. to 6:00 p.m. on weekdays, and from 8:00 a.m. to
12:00 noon on Saturdays. Recovery of vehicles on holidays, Sundays
or weekday and Saturday hours beyond those specified above may be
subject to arrangement by the vehicle owner and official tower. Vehicle
recovery hours shall be posted in a conspicuous location visible to
the public.
(f)
The official tower shall not charge a release fee or make any
other charge for releasing a vehicle to its owner after normal business
hours or on weekends.
(2)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(3)
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this chapter. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
(4)
The official tower is prohibited from piling of vehicles or parking
on public streets or sidewalks.
A.
The names of official towers shall be placed on the list in the order
in which their application was approved. When the initial official
tower list has been established, new official towers will be added
to the end of the list upon approval of their applications.
B.
The Borough will request wrecking, towing and storage services from
each official tower in monthly rotation. When called, the official
tower shall advise the dispatcher if a tow vehicle is available and
the estimated time of arrival. If no tow vehicle is available or if,
in the discretion of the Township official making the request, the
response time is excessive under the circumstances to properly protect
the public health, safety or welfare, the next official tower on the
list will be called, with the first official tower called placed at
the bottom of the rotation list, and so on.
C.
Official requests for service may be made by the Business Administrator
or any member of the Police Department.
D.
The Township will request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Township
will request service from such other person as the owner of the motor
vehicle in need of such services may request; and, provided further,
that if no official tower is available or able to provide services
as requested by the Township, or if an emergency exists, the Township
may request services from any other available source.
E.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, as determined in the sole discretion of the Township,
official towers shall give priority to requests for service received
from the Township over all requests received from any other source.
To qualify as an official tower and to maintain the official
tower's license, all applicants and official towers shall agree
in writing to assume the complete legal defense costs (including attorneys'
and all other experts' fees, costs and the reasonable disbursements)
of the Township in any mediation, arbitration or action of any kind
(including all appeals), and to fully and completely indemnify and
hold harmless the Township, the Township's elected officials,
boards, commissions, officers, employees and agents from any and all
suits, actions, damages, claims, liabilities, expenses, losses or
judgments, of any kind and of any nature whatsoever, asserted against
the Township resulting from, caused by, arising out of or incurred
as a consequence of the official tower's provision of towing,
wrecking, storage and/or emergency services, including any and all
ancillary or related services, provided at the request of the Township
pursuant to this chapter.
A.
No person or entity shall be included on the official tower list
unless and until the Borough has been provided with an appropriate
certificate or certificates of insurance evidencing that there is
in effect the following insurance coverage:
(1)
Automobile liability insurance in an amount not less than $500,000
combined single limits.
(2)
Workers' compensation as required by law.
(3)
Garage keepers' liability in an amount not less than $100,000
per location.
(4)
Garage liability in an amount not less than $500,000 for personal
injury and $100,000 for property damage.
(5)
Comprehensive general liability insurance in amounts and forms satisfactory
to the Township's risk analyst sufficient to protect the Township
from any liability, loss or damages arising out of the activities
to be conducted. In no event shall such insurance be less than $500,000
for personal injury and $100,000 for property damage.
B.
Policies of insurance shall contain endorsements to provide collision
coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the Township and shall have at least a B+ rating
by a recognized rating service.
D.
The Township of River Vale shall be named as an additional insured
on all policies of insurance provided pursuant to this chapter. All
certificates of insurance shall provide that the policies may not
expire, be canceled, terminated or have coverage decreased in the
absence of 30 days' written notice to the Township.
E.
Policies of insurance required by this chapter shall be maintained
in full force and effect at all times. In the event any insurance
coverage required by this chapter is canceled, terminated, interrupted
or decreased in amount, the official tower shall be removed from the
official tower list until such time as the required coverage is reinstated
or replaced and the circumstances are investigated by the Mayor and
Council.
A.
Fees for towing and storage of private passenger vehicles, damaged
in a crash, disabled or impounded, may not exceed the fees established
by N.J.S.A. 40:48-2.54 or by the New Jersey Division of Consumer Affairs
in the Department of Law and Public Safety pursuant to N.J.S.A. 40:48-2.55.[1]Cleanup and sweep up of solid debris is included in these
fees.
(1)
Passenger vehicles: $85 within the Township of River Vale or to an
official tower storage yard if located out of the Township.
(2)
Flatbed tow: $100 to locations within the Township of River Vale
or to an official tower storage yard if located out of the Township.
A flatbed tow must be requested by the vehicle owner/operator, a representative
of the River Vale Police Department or be required by the vehicle
manufacturer in order to incur the fee of $100.
(3)
Commercial vehicle/truck (vehicles up to 15,000 pounds and does not
include passenger vehicles registered commercially): $150 to locations
within the Township of River Vale or to an official tower storage
yard if located out of the Township.
(4)
Heavy-duty vehicle/truck (vehicles 15,000 pounds and above): $500
to locations within the Township of River Vale or to an official tower
storage yard if located out of the Township.
(5)
Additional mileage: $4 per mile (or part thereof) beyond the Township
border for passenger vehicle tows, flatbed tows and commercial vehicle/truck
tows (up to 15,000 pounds); $7 per mile (or part thereof) beyond the
Township border for heavy-duty vehicle/truck tows (15,000 pounds and
above).
(6)
Additional services: $50 per 1/2 hour to a maximum of $150, for winching,
rolled vehicles, cleanup beyond clearing of the motor vehicle crash
site, etc.; $100 per 1/2 hour to a maximum of $450 for the same services
performed on a heavy-duty vehicle/truck. Special services must be
specified on the tow bill.
(7)
Road service: $50 per call for flat tire, jump start, lockout or
other nonmechanical issues; $100 per call for the same services performed
on a heavy-duty vehicle/truck.
[1]
Editor's Note: Repealed by L. 2007, c. 193, § 24,
operative 10-18-2008. For related provisions, see now, e.g., the Predatory
Towing Prevention Act, N.J.S.A. 56:13-7 et seq., and N.J.A.C. 13:45A-31.
B.
The following is the fee schedule for storage services:
(2)
Impound charges: Additional storage shall not accrue if the vehicle
has been released by the River Vale Police Department but the official
tower is not available to release it. In that case, the impound charge
will not accrue if the vehicle owner is on site at the storage facility
and can perform all acts necessary to retrieve the vehicle by 10:00
a.m. of the next business day.
C.
Pursuant to N.J.S.A. 40:48-2.55[b],[2] the schedule of services and rates for towing of motor
vehicles shall be submitted to the New Jersey Division of Consumer
Affairs for review within 90 days of the effective date of this chapter.
In the event of revision by the Division of Community Affairs, this
chapter shall be amended accordingly.
[2]
Editor's Note: Repealed by L. 2007, c. 193, § 24,
operative 10-18-2008. For related provisions, see now, e.g., the Predatory
Towing Prevention Act, N.J.S.A. 56:13-7 et seq., and N.J.A.C. 13:45A-31.
D.
Fees for towing and storage of private passenger vehicles, other
than those damaged in a motor vehicle crash or recovered after being
stolen, may not exceed the fees set forth above.
E.
The fees set forth on the schedule for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services. There shall be no additional charges other than those
provided herein, including, but not limited to, flat-bedding, waiting
time, winching, cleanup cost, and additional labor when only basic
towing services as defined are provided. Tow vehicles transporting
multiple passenger cars at one time shall receive the applicable fees
for each vehicle transported.
F.
The fees set forth on the schedule for storage fees are the maximum
storage charges per calendar day that shall apply to a private passenger
automobile that is stored.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Township Hall. Copies shall also be made available
to the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this chapter.
C.
The Township reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.
The relationship between the official tower and the Township is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other; nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official tower list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The Township shall not be liable or responsible for compensating
the official tower for any of the services performed under this chapter
unless those services are performed for Township vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle
and the official tower shall proceed directly against the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
G.
Each official tower shall keep and maintain adequate, detailed and
complete records showing all vehicles towed, stored and released,
all services rendered, all fees charged and collected, and all documents
related to the official tower license. All such records shall be available
for inspection by the Township at any time during normal business
hours. Such records shall be kept, maintained and safeguarded by the
official tower at one location and shall be retained for a period
of no less than seven years. Records may be written, printed or computerized
as long as the requirements of this subsection are met.
A.
Complaints involving the improper or unsatisfactory performance of
services by an official tower, excessive charges or damage to a motor
vehicle while in the custody of the official tower, or any other reason,
may be lodged with the Police Department Traffic Bureau. In the event
of receipt of a complaint, written notice of its receipt, together
with a copy of the complaint, shall be provided by the Business Administrator
to the official tower involved. The official tower shall have the
opportunity to respond, in writing, within five days.
B.
Within 14 days of receipt of the official tower's response,
or within 21 days of the receipt of the complaint, if no response
is received, the matter will be presented by the Business Administrator
to the Mayor and Council.
C.
The Mayor and Council shall consider the matter at a regular public
meeting and may request that the complainant and/or the official tower
appear and give testimony regarding the complaint.
D.
If, after considering the matter, the Mayor and Council shall determine
that one of the causes for revocation of the official tower's
license exists, the license of the official tower shall be revoked
and the official tower shall surrender same to the Business Administrator
within one day.
E.
Failure to surrender the official tower license upon revocation shall
constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
A.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $750,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for revocation of the official
tower license.
