[HISTORY: Adopted by the Borough Council of the Borough of Carteret
6-15-2000 by Ord. No. 00-18. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 254.
As used in this chapter, the following terms shall have the meanings
indicated:
A motor vehicle of a private passenger, sport utility 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 or a van owned by an individual
or by husband and wife who are residents of the same household, not customarily
used in the occupation, profession or business of the owner(s).
[Amended 7-27-2000 by Ord.
No. 00-28]
The removal and transportation of an automobile from a highway, street
or other public or private road or a parking area or from a storage facility
and other services normally incidental 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.
Any vehicle other than that as defined as an automobile pursuant
to the definitions as contained in this chapter.
A vehicle storage facility that is completely indoors, having one
or more openings in the walls, 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 in 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 or the motor vehicles.
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.
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.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or underreach equipment specifically designed by its
manufacturer for the removal or transport of motor vehicles.
The towing operator's principal place of business where its vehicle
is stationed when not in use.
A.
The Borough Council shall appoint persons or companies
meeting the criteria set forth in this chapter and engaged in the business
offering the services of a motor vehicle towing or wrecker service, whereby
damaged or disabled 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. There shall be created two separate categories of towers,
one to tow motor vehicles and a second to tow tractor-trailers. Such persons
or companies shall be known as "official towers" and "official heavy duty
towers," respectively.
B.
Official towers shall be identified by means of a license
that shall be issued in accordance with the provisions of this chapter.
C.
Not less than 75 days prior to the beginning of each
three-year term of official towers' license, the Borough shall advertise for
applications for towing licenses for each category of towers to provide towing
services pursuant to this chapter. The advertisement shall be published in
the legal newspapers of the Borough.
D.
All applicants shall submit their applications at least
60 days prior to the commencement date for each three-year period, and the
applications shall be reviewed in accordance with the procedures set forth
in this chapter. The award of a license to the successful applicants shall
be subject to compliance with the license requirements of the chapter.
E.
The license period shall be for three years. The initial
license period shall commence July 1, 2001, and end June 30, 2004. Licenses
issued thereafter shall be for three years commencing on the next July 1 following
the preceding license period.
[Amended 4-19-2001 by Ord.
No. 01-23]
F.
Notwithstanding the provisions of this chapter that provide
for a three-year term of the license, official towers shall submit, no later
than June 1 of each year that the towing license is in effect, a detailed
certification certifying that the official tower meets the requirements of
this chapter in regard to the issuance of licenses. Said certification shall
be submitted to the Police Director for his review and approval. Failure to
submit the certification or failure to continue to abide by the requirements
of this chapter in regard to the issuance of a towing license shall subject
the official tower to revocation of the license in accordance with the procedures
contained herein.
[Amended 4-19-2001 by Ord.
No. 01-23]
A.
Official towers shall furnish adequate and proper wrecking,
towing, storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Borough when requested to do so by the Police
Director or his authorized designee.
B.
No official tower shall subcontract any work to be performed
pursuant to this chapter except in an emergency situation. The Police Director
will, within his reasonable discretion, maintain objective guidelines on file
as to emergencies and use of subcontractors. Any official tower shall be responsible
for the services performed by the subcontractor and shall remain liable for
any violation of this chapter by the subcontractor. Nothing herein shall be
construed to prevent authorized towers from switching with each other from
time to time provided that the switching is approved by the Police Director
or his designee in advance.
A.
Applications for inclusion on the official tower's list
shall be made to the Borough Council upon a form prepared by the Police Director
and approved by the Borough Attorney and shall contain all of the following
information:
(1)
The name, residence and business address and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address and
telephone number of every stockholder owning more than 10% of the issued stock.
(2)
Such information as may be required by the Mayor and
Council concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
(3)
Policies or certificates of insurance coverage as hereinafter
provided.
(4)
The names and addresses of two business references who
have known the applicant for at least two years.
(5)
Certification that the applicant will be able to provide
towing services anywhere in the Borough with a maximum response time of 15
minutes except when extraordinary circumstances occur.
(6)
Certification that the applicant will be available for
services 24 hours a day, seven days a week, while they are the scheduled tower
and that they will abide by the fees contained in or referred to in this chapter.
(7)
Consent to certification that will consent to appointment
of the Borough Clerk as the applicant's true and lawful attorney for the purpose
of acknowledging service out of any court of competent jurisdiction to be
served against the applicant.
(8)
A sketch plan showing the location of the storage area,
the number of cars that can be stored and the total square footage area of
the storage area.
(9)
Agreement to abide by the general rules and regulations
established by the Police Director in connection with towing procedures within
the Borough.
B.
The applicant shall submit completed duplicate applications
to the Police Director for his review and approval. The review by the Police
Director 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 driver's licenses suspended or revoked within the past year.
Conviction of a criminal offense or suspension of driver's license within
the past year shall be a cause for disqualification from inclusion on the
official towers' list.
(2)
An inspection of the personnel, 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 compliance
with applicable laws and regulations and the standards of performance required
by this chapter.
C.
An applicant may be included on the official towers'
list by the Borough Council, 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, they 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.
(2)
The applicant has met the standards in this chapter and
has forwarded the required hold harmless agreement and policies or certificates
of insurance which shall be reviewed and approved by the borough's risk management
consultant.
(3)
The application has been reviewed and approved by the
Police Director.
(4)
Neither the applicant nor the applicant's personnel have
been convicted of a criminal offense or had their driver's license suspended
within the past year.
D.
The Police Director shall conduct his review and render
a report of the Borough Council recommending either approval or denial of
the application, within 21 days of receipt of the application. The applicant
or its representative shall be given notice of the date on which the Borough
Council will consider the application and shall be permitted to appear and
be heard at that time.
E.
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision of the
Borough Council.
F.
If the Borough Council fails to take action within 60
days of receipt of a complete application, the application shall be deemed
to have been denied.
A.
Upon approval of the application as herein provided,
the Borough Clerk shall issue the applicant an official towers license to
be utilized in providing services pursuant to this chapter.
B.
Said licenses shall be in a form approved by the Borough
Council.
C.
The licenses shall be valid for the three-year period
as set forth in the Ordinance, shall be nontransferable and shall be subject
to revocation by the Borough Council for any of the following reasons:
(1)
If it is subsequently determined that the applicant 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.
(2)
Violation of any federal or state law or municipal ordinance,
including but not limited to overcharge, or regulation relating to the operation
of a motor vehicle or the provision of towing services.
(3)
Violation of any rule or regulation promulgated by the
State of New Jersey.
(4)
Unsatisfactory service provided pursuant to this chapter.
D.
The license fee for the license issued under this section shall be $100 per license per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 238-2F of this chapter shall be $50.
E.
Licenses shall not be transferable without the consent
of the Borough.
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.
Notwithstanding the foregoing, no official tower shall utilize equipment for
any tow which cannot properly and safely tow the vehicle to be towed.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or
winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel
lift assembly and at least 100 feet of 3/8 inch cable.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of vehicles.
(3)
Every official heavy-duty tower shall have available
a heavy duty wrecker and underreach shall have a heavy-duty tow wrecker available,
which shall mean a tow truck with dual wheels capable of towing large trucks
and shall meet the following minimum requirements: gross vehicle weight, 30,000
pounds; gross combined weight rating, 80,000 pounds, boom rating, 50,000 pounds
winch rating, 50,000 pounds; cable size and length 5/8 inch and 200 feet;
equipped with chassis lift/underreach retracted rating, 25,000 pounds; and
extended rating, 14,000 pounds, and shall be capable of towing new style buses
and trucks with fiberglass front ends.
[Amended 7-27-2000 by Ord.
No. 00-28]
(4)
All equipment shall comply with all state and federal
regulations and all vehicle operators shall possess a commercial driver's
license (CDL) where required by applicable regulation.
(5)
Each applicant shall submit, along with its application,
proof of ownership, lease or other written agreement demonstrating availability
as needed of the vehicles which will be utilized to provide services pursuant
to this section.
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 360º
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 for towing vehicles
at night, amber colored.
(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 an accident or behind a disabled vehicle, at
least 10 pounds of dry sand or a drying compound for gasoline and oil spilled
onto the roadway and a sufficient quantity and types of tools to enable the
tow operator to perform proper and adequate emergency repair services for
the tow.
(2)
Every tow vehicle or flatbed vehicle shall comply with
any and all state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be subject
to inspection by the Police Director or his designee at any time. No changes
may be made in said vehicles or equipment unless prior written approval is
obtained from the Borough or inspection unless required by law.
(3)
Every tow vehicle or flatbed vehicle shall display the
official towers' license issued by the Borough 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.
(4)
All towing operators' trucks must be equipped with either
two-way radio and/or mobile telephone communications equipment with their
principal place of business, including their garage and/or facilities, to
ensure the proper availability of services and equipment on behalf of the
Borough and motorists.
(5)
The towing operators' wrecker(s) and all other vehicles
shall he properly licensed and registered with the New Jersey Division of
Motor Vehicles. All towing operators' vehicles shall display New Jersey commercial
license plates.
C.
Minimum personnel requirements; availability and response
time.
(1)
All official towers and official heavy-duty towers shall
respond to the police request within 15 minutes under ordinary conditions.
During unusual circumstances beyond the towers control, such as weather, an
additional allotment of 10 minutes shall be given before another tower is
called. Notwithstanding the foregoing, the police officer in charge of the
scene shall be permitted to take such actions as are necessary under the circumstances
to ensure the public safety.
(2)
Official towers shall have available, at all times, someone
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:
(a)
Be competent mechanics able to provide minimum road service
for disabled vehicles.
(b)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing of
eyeglasses.
(c)
Be mentally alert and present a neat appearance at all
times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Police Director of the
Borough and shall be approved by the Police Director prior to rendering any
services pursuant to this chapter.
(f)
Not have been convicted of a crime nor had their driving
privileges suspended or revoked within the past year.
(3)
Employees of the towing operator, in responding to a
call, shall request and be afforded police assistance during the course of
providing towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back up, tow
in the opposite direction of traffic or cross the median.
(4)
A towing operator shall not permit a vehicle to be removed
from the site of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police officer
and/or superior at the scene.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an outside secured
storage area meeting the following requirements:
(a)
The storage area shall be capable of storing more than
one passenger vehicle. Additionally, official heavy duty towers shall be able
to store one tractor and trailer. The area shall have sufficient area to hold
and protect "police hold" vehicles.
(b)
The location of the storage area shall be either within
the limits of the Borough or at such location outside of the Borough as to
facilitate reasonable towing distances, subject to the approval of the Police
Director.
(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 und 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 open to the public on weekdays
between the hours of 9:00 a.m. and 5:00 p.m. and 9:00 a.m. and 1:00 p.m. on
Saturdays. The applicant shall specify the hours on which the facility will
be open on Saturdays. The applicant is not required to be open on Sundays.
(f)
The official tower shall have an employee on duty during
all hours in which the storage facility is open.
(g)
The applicant shall, with its application, submit proof
of ownership or lease of the storage area.
(h)
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.
A.
Qualified towers shall be placed on the official towers'
list at the beginning of each three-year period in accordance with the procedures
as set forth in this chapter. The Official Towers shall rotate on the list
for one week at a time or for such a period as designated by the Police Director.
The one-week rotation shall commence at 12:00 a.m. Sunday and terminate at
11:59 p.m. the following Saturday.
B.
Qualified heavy-duty towers shall be placed on the official
heavy-duty towers' list at the beginning of each three-year period in accordance
with the procedures as set forth in this chapter. The official towers shall
rotate on the list for one week at a time or for such a period as designated
by the Police Director. The one-week rotation shall commence at 12:00 a.m.
Sunday and terminate at 11:59 p.m. the following Saturday.
C.
The Borough shall request wrecking, towing and storage
services from each official tower in rotation. When called, the tower shall
advise the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if, in the discretion of the Borough
official making the request, the response time is insufficient under the circumstances
to properly protect the public health, safety or welfare, the next official
tower on the list shall be called for that particular towing event. The official
tower who is at the top of the list however, shall remain on the top of the
list for any subsequent calls until that tower's one-week period at the top
of the list is finished.
D.
All requests for service shall be made by the Police
Director or his official designee.
E.
The Police Director or his designee shall request service
only from official towers; provided, however, that if no emergency or imminent
road hazard exists, the Borough shall request such service from such other
person as the owner of the motor vehicle in need of such services may request;
and provided further that, if none of the official towers are available or
able to provide such services as requested by the Borough, or if an emergency
exists, the Borough may request such services from any other available source.
F.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests from
the Borough over any other requests which may be received by the official
towers.
G.
It is recognized that, due to the extensive necessary
revisions to this chapter, an extended period was required for implementation,
resulting in certain official towers having paid licensing fees and not being
permitted to tow during 1999 and a portion of 2000. Accordingly, those affected
official towers shall be given five additional weeks each during the period
beginning with the implementation date of this chapter and December 31, 2001.
Additionally, during the year 2000, affected official towers shall be given
additional on-call weeks equal to the number of weeks they would have received
between January 1, 2000, and the date of implementation of this chapter utilizing
the number of official towers under this chapter.
The applicant 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,
fees, costs, expenses, fines or penalties 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 provisions of towing, wrecking, storage and/or
emergency services provided at the request of the Borough pursuant to this
chapter. Official towers shall enter into a hold harmless agreement in a form
to be prepared by the Borough Attorney prior to being included on the official
towers list.
The tower shall maintain, during the life of its license, insurance
policies of the type and with the minimum limits indicated below and in a
form satisfactory to the Borough. The tower shall provide a certified copy
of the policies and/or certificates of insurance satisfactory to the Borough
prior to commencement of work. All policies and/or certificates shall be submitted
to the borough risk management consultant for review and approval.
A.
Garage liability insurance. Limit of liability shall
not be less than $500,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
B.
Automobile liability insurance. Limit of liability shall
not be less than $500,000 combined single limit (bodily injury and property
damage) per occurrence.
C.
Garagekeepers insurance. Physical damage insurance policies
shall be specifically endorsed to provide "direct primary" insurance, where
applicable, for vehicles in tow, possession of or storage on property owned
or controlled by the tower. Limit on said coverage shall not be less than
$100,000.
E.
On all liability policies, the Borough shall be added
as an additional insured, and insurance policies and/or certificates shall
indicate such coverage as primary coverage notwithstanding any insurance carried
by the Borough.
F.
Workers compensation insurance. New Jersey statutory
coverage, including employers liability coverage.
G.
The tower shall indemnify the Borough and the public
against any loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of act or omission of the tower, his agents
or employees in or due to the execution of the work called for under the contract.
H.
Certified copies of all insurance policies provided above
or certificates thereof satisfactory to the Borough shall be furnished forthwith.
Each such policy or certificate shall contain a provision that it is not subject
to material change, cancellation or nonrenewal unless 30 days' prior written
notice via certified mail/return receipt shall have been given to the Borough
by the tower's insurer. These must be received 30 days prior to commencement
of work.
I.
The providing of any insurance required herein does not
relieve the tower of any of the responsibilities or obligations assumed by
the tower for which the tower may be liable by law or otherwise.
J.
If any policies contain deductible or copayments, it
shall be the responsibility of the tower to pay such sums at the same time
a claim is settled by the tower's insurance company.
K.
If any policies contain limits of liability with an aggregate
limit, the tower or tower's insurance company shall provide the borough, quarterly
during the policy period, a statement evidencing the limits of liability required
under the contract to be in force.
L.
Failure to provide and continue in force such insurance
as required above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
M.
All policies shall be written in either a company licensed
to do business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating A-VII (A minus seven). They shall
be written on an ISO (Insurance Services Office) form or better.
A.
Fees for towing and storage of private passenger vehicles,
damaged in an accident or recovered after being stolen, may not exceed the
fees established under New Jersey law, if any.
(1)
The following is the fee schedule for towing services:
(a)
Wheel lift or flat bed tow truck (for passenger automobile):
$75 (maximum) .
(2)
The following is the fee schedule for storage services:
(a)
Twenty dollars per day (maximum) for outside storage;
$30 per day (maximum) for inside storage.
(3)
Official towers and official heavy-duty towers shall
comply with any and all New Jersey laws, rules and regulations regarding fee
schedules, whether now in existence or to be enacted.
B.
Fees for towing and storage of private passenger vehicles, other than those damaged in an accident or recovered after being stolen, shall be the same as those set forth in Subsection A if the official tower is called to the scene by the Police Department of the Borough in accordance with this chapter. Any other towing services to private passenger vehicles not involved in accidents or recovered after being stolen when requested privately by individuals shall be at the rates as agreed to between the individual and the tower.
C.
Fees for all other types of vehicles other than private passenger vehicles, pursuant to Subsections A and B of this section, shall be determined in accordance with this subsection:
(1)
The following is the fee schedule for towing services.
[Amended 7-27-2000 by Ord.
No. 00-28]
|
Class 1 (All vehicles between 5,000 and 11,500 pounds gross vehicle
weight
|
Class 2 All vehicles over 11,500 pounds gross vehicle weight)
| |
|---|---|---|
|
Standard tow
|
$125
|
$175
|
|
Wheel lift
|
125
|
175
|
|
Flatbed
|
125
|
175
|
|
NOTE: There shall be no differential in charges between day and night
service.
| ||
(2)
The following is the fee schedule for storage services
per day:
[Amended 7-27-2000 by Ord.
No. 00-28]
|
Inside Building: Storage Facility Capacity
| |
|---|---|
|
Class 1
|
Class 2
|
|
$40
|
$50
|
|
Outside Building: Storage Facility Capacity
| |
|
Class 1
|
Class 2
|
|
$30
|
$50
|
(3)
The fees set forth for non-passenger vehicles in this
section are the maximum charges that shall apply for basic towing services.
The official towers and official heavy-duty towers, however, shall be allowed
for winching and wrecking services over and above the basic towing services
an additional $90.00 per hour for light-duty wrecker, $150 per hour for medium
wrecker and $250 per hour for heavy-duty wrecker, which shall be pro-rated
in one-quarter hours, rounded to the next highest one-quarter hour (e.g.,
33 minutes equals three-quarters of an hour). There shall be no additional
charges for any other services, including but not limited to waiting time,
cleanup costs and additional labor when only basic towing services, as defined,
are provided.
(4)
The fees set forth in Subsections A and B of this section 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, flatbedding, waiting time, winching, cleanup cost and additional labor when only basic towing services, as defined, are provided. The official towers, however, shall be allowed to charge for services other than basic towing services as defined in this chapter the sum of $25 per hour for any additional winching services required over and above the basic towing services when removing a vehicle 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. In addition, the official towers may charge a flat fee of $30 for any road service for private passenger vehicles which do not need to be towed, jump started or when cancelled.
(5)
Tow vehicles transporting multiple passenger cars at
one time shall receive the applicable fees for each vehicle transported.
D.
The fees set forth on the schedule for storage fees are
the maximum storage charges per calendar day or portion thereof that shall
apply to a private passenger automobile that is stored by a person.
E.
Official towers and official heavy-duty towers shall
be permitted to bill $15 per vehicle if required to clean up debris at the
accident site.
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 Borough Municipal Building and Police Department.
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 Borough reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas of all
official towers.
D.
The relationship between an official tower and the Borough
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 towers list shall not be construed
or considered as a joint venture, partnership, association, contract of employment
or profit-sharing agreement.
E.
The Borough shall not be liable or responsible for compensating
the official towers for any of the services performed under this chapter unless
those services are performed for the Borough 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. No licensee shall discriminate as to hiring
or employment practices. Licensee shall be required to sign a nondiscrimination
statement.
G.
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released, all
services rendered and all fees charged and collected. All records shall be
available for inspection by the Borough at any time during normal business
hours. Records shall be kept and maintained by the Official Tower at one central
location and shall be retained for a period of seven years. Records may be
written, printed or computerized as long as the requirements of this subsection
are met.
H.
The official tower shall comply with all state and federal
laws and regulations concerning wages, hours and terms of employment.
A.
In the event that a complaint is received by the Borough
involving the improper or unsatisfactory performance of services by an official
tower, a violation of this chapter, excessive charges or damage to a motor
vehicle while in custody of the tower, written notice of same shall be provided
by the Borough to the official tower involved. The tower shall have the opportunity
to respond, in writing, within seven days.
B.
Within 14 days of receipt of the tower's response, or
within 21 days of receipt of the complaint, if no response is received, the
matter shall be presented to the Mayor and Council or their designee.
C.
The Mayor and Council shall, thereafter, consider the
matter at a regular public meeting and may request that the complainant and
the tower involved appear and give testimony regarding the complaint.
D.
Findings and conclusions.
(1)
After considering the matter and the evidence presented,
the Mayor and Council shall make certain findings and conclusions relative
to the complaint which shall constitute their decision. If the Council finds
in favor of the complainant and against the official tower, the Council may
consider and impose the following penalties:
(2)
In considering the imposition of a suspension, revocation
or other penalty, the Council shall take into account factors, including,
but not limited to, any prior violations of the tower, the nature and seriousness
of the complaint and the danger to the health, safety and welfare of the public.
E.
Failure to surrender the 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 $1,000;
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 suspension or revocation
of the official towers license.
C.
The Borough Police Department or any member thereof is
hereby declared to be the enforcement agency of this chapter in accordance
with due process of law.
