The Borough Administrator or his designee shall be charged with the responsibility of administering the provisions of this chapter. The Administrator, in consultation with the Director, shall be entitled to adopt and enforce reasonable rules and regulations which are designed and intended to properly implement the policies of this chapter.
The purpose and intent of this chapter is to provide the Borough with a nondiscriminatory and nonexclusionary system of assuring prompt and qualified towing services within the Borough. Therefore, no individual owner or operator of a tow truck shall respond to the scene of an accident except upon being summoned by:
A. 
The Police Department; or
B. 
Upon specific request of the owner of a vehicle to be towed, provided that such selection, in the opinion of the police, will not unnecessarily delay the removal of the vehicle and that the location of same does not pose a threat to the safety of the public.
Each official tower shall keep and maintain adequate, accurate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected.
A. 
All such records shall be available for inspection by any Borough agency at any time during normal business hours. This right of inspection shall exist during and subsequent to the expiration of the licensed tower's license or licenses.
B. 
Such records shall be kept and maintained by the licensed tower at its business office and shall be retained for a period of three years from the date of the last entry of services performed pursuant to this chapter.
C. 
Such records may be written, printed or computerized so long as the requirements of this section are met.
D. 
Failure to maintain such records or permit inspection upon request of the Borough shall be sufficient cause to suspend or revoke the licensee's privileges.
A. 
Within 24 hours after a licensee is requested to render service by the Borough, the licensee shall file a report with the Police Department setting forth the following information:
(1) 
The make, license number and VIN of the vehicle.
(2) 
If the vehicle was towed, the date, time and place from which it was towed and the place to which it was towed.
(3) 
If the vehicle was stored, the place where it was stored.
(4) 
A report of any other services performed at the scene.
(5) 
A copy of the bill rendered. If the vehicle is still in the tower's possession, then a proposed bill, listing all charges except storage, shall be provided. Administrative charges collected by the licensee on behalf of the Borough shall be separately stated.
(6) 
All other necessary and pertinent information requested by the Wallington Police Department.
B. 
By the first day of each month, each licensee shall fax to the Police Department a report indicating the amount of Borough vehicles towed, the disposition of each non-Borough vehicle, and the number of vehicles presently being stored by the tower, or any additional information required by the Borough for the reporting period. The report shall be provided on a format to be prescribed by the Borough. The licensee shall also provide the Borough with the administrative charges due for all vehicles towed during the period, whether or not the tower has received payment for the vehicle.
Each licensed tower shall be responsible for the conduct of its employees. Towing services shall at all times be provided in a courteous and responsible manner.
The Borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all licensed towers and to verify by inquiry or investigation, including access to all criminal identification and driving records of the licensee, its principals, officers and authorized drivers.
A. 
If such vehicle is unclaimed by the owner or other person having legal right thereto for a period of 20 days, or such other statutory time as set forth under New Jersey law, the licensed tower shall notify the Police Department in writing that the vehicle has been held for the required statutory time and is ready for sale. Within 30 days of such notification, the Police Department shall complete and file a Report of Possession of Abandoned Vehicle by Public Agency, or an equivalent form, with the New Jersey Motor Vehicle Commission.
(1) 
When the vehicle is thereupon sold pursuant to N.J.S.A. 39:10A-1 et seq., the proceeds thereof shall be applied in the following order:
(a) 
Satisfy the costs of sale, including advertisement.
(b) 
Satisfy the fees of the tower pursuant to this chapter.
(2) 
The balance of the proceeds shall be remitted to the Borough.
(3) 
Any monies collected from any auctioned vehicle shall be paid to the Borough of Wallington and shall be deposited into the towed vehicle account.
[Added 4-25-2013 by Ord. No. 2013-05]
B. 
Should the licensed tower not make the required notification to the Police Department on the 21st day of storage, no additional storage charges will be permitted from the 21st day until such time as the proper notification is made. Where the 21st day falls on a Saturday, Sunday or a legal holiday of the Borough of Wallington, such notification shall be made on the first business day falling after said 21st day.
A. 
Any person, firm, corporation who shall be guilty of a violation of any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Violations under this chapter may be enforced by the Police Department. Violations regarding storage areas or business offices may also be enforced by the Zoning Officer.
C. 
By operation of this chapter, power and authority to enforce any provision contained hereunder is conferred to the Municipal Court.