[HISTORY: Adopted by the Board of Commissioners of the City of Margate City 11-8-1990 by Ord. No. 1990-17. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal parking lots — See Ch. 205.
Vehicles and traffic — See Ch. 257.
Police-public towing — See Ch. 275.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
CHIEF OF POLICE
The Chief of the Police Department of the City or anyone designated by him.
LICENSED STORAGE FACILITY
Any place, building, garage or other entity that is used for the storage of towed vehicles.
LICENSED TOWING COMPANY EMPLOYEE
Any person who operates a tow truck or is in the employ of a licensed towing operator who has obtained a valid mercantile license to operate a tow truck.
LICENSED TOWING OPERATOR
Any person, company or corporation or other entity that has obtained a mercantile license from the City of Margate City to tow vehicles from a parking facility.
PARKING
The standing or waiting on any private or quasi-public property.
PARKING FACILITY
Any building, structure, garage, outdoor space, place, driveway, parcel of land or enclosure or any portion thereof where a motor vehicle may be parked, stored, housed or kept.
VEHICLES
Any device upon or by which any person or property is transported from one place to another.
A. 
The applicant for a license to operate a towing company or a towing facility or to operate a tow truck or to operate a towing storage facility shall make a truthful, written application therefor on a form to be provided by the Police Department, which application shall be sworn to and filed with the Police Department. The form shall include:
(1) 
The full name of the applicant, with his date of birth, social security number, thumbprint or fingerprints.
(2) 
Residential address.
(3) 
If the applicant is a corporation, the location of the registered office in New Jersey and the name of the registered agent.
(4) 
The address of the towing facility.
(5) 
A sketch of the towing facility, along with a photograph of the towing facility.
(6) 
Certificates showing public liability and property damage insurance in the following amounts: $1,000,000 liability and $200,000 property damage. The City of Margate City shall be included as additionally named insured on the applicant's liability insurance policy.
(7) 
Whether or not any person listed in the application has been convicted of a crime, specifying the nature of the offense and the date and jurisdiction of the conviction.
(8) 
The frequencies of all radios used in the applicant's business.
(9) 
Anything else that the Chief of Police shall deem necessary.
B. 
No tow truck or towing facility shall be used without first securing all licenses as hereby provided.
C. 
No license shall be issued without the approval of the Chief of Police.
D. 
No license shall be issued to any person who shall have been convicted of a crime relating adversely to the operation of a motor vehicle repair garage or towing operation or larceny of a motor vehicle.
E. 
The tow truck license or a copy shall be kept in the tow truck at all times.
A. 
The Chief of Police is given the power and authority to investigate all applications for licenses under this chapter. If, after said investigation, said Chief of Police shall be reasonably satisfied that the statements set forth in the application are correct, he shall recommend to the Commissioners to authorize the City Clerk to issue a mercantile license after the payment of a proper fee.
B. 
In the event that the Chief of Police disapproves the application for false statements, record of arrest or violations as stated in § 248-2A(7), the applicant may apply within 10 days, in writing, to the Commissioners of the City of Margate for a hearing and shall be granted a hearing before said Commissioners. and the applicant shall be entitled to legal counsel and shall be permitted to present any witnesses or evidence. If, at said hearing, the Commissioners find that substantial misstatements were made, they may deny the application.
C. 
The Chief of Police has the authority to suspend or revoke any license for any violation of this chapter. Such suspensions may be appealed to the City Commission within 10 days' notice to the licensee.
D. 
The Chief of Police is authorized and empowered to establish reasonable rules and regulations governing the inspection of tow trucks.
E. 
Any employee of the towing company shall be the operator's designee for correspondence or summonses from the City of Margate.
There shall be no towing from unattended lots unless the following conditions are met:
A. 
Signs.
(1) 
There is a prohibitory sign visible from all entrances and which shall have the following information in two-inch letters on a white background:
(a) 
The name, address and phone number of the towing facility.
(b) 
The words "UNAUTHORIZED VEHICLES WILL BE TOWED."
(c) 
The fee for such towing individually boxed under the prohibitory reading.
(2) 
The aforesaid restrictions shall not apply to the driveway of homes that hold three cars or fewer.
B. 
There is a current valid contract with the owner or operator of the parking facility and that contract is on file with the Chief of Police.
C. 
Each vehicle towed must be inspected prior to towing for any existing damage, and a towed vehicle report in a form approved by the Chief of Police or his designee shall be filled out before the vehicle is removed. The towed vehicle report shall describe any damage to the vehicle and shall be kept at the towing storage facility for inspection by any interested party.
D. 
After the vehicle has been hooked and lifted, but before it has left the lot, a report must be called by telephone into the Margate City Police Department advising that the vehicle is being towed. The report shall contain the following information:
(1) 
The make, year and color of the vehicle.
(2) 
The registration number.
(3) 
The exact address of the facility to which the vehicle is being towed.
(4) 
The charge for such towing.
(5) 
A statement as to why the vehicle is being towed.
(6) 
The name of the person who authorized the towing.
E. 
If the vehicle has not been lifted prior to the owner's return to the lot, whether it is hooked or not, it is to be released with no charge.
F. 
If the vehicle has been lifted but not removed from the lot prior to the owner's return to the lot, a fee of no more than 50% of the authorized towing service fee may be imposed for the release of the vehicle.
G. 
All tow truck drivers must wear an identification card provided by the City Police Department with the name and photograph of the driver. The identification card must be worn conspicuously displayed on the outside of his clothing. The identification card shall contain the applicant's name and mercantile license number in large visible numerals.
H. 
No vehicle is to be removed from its original spot until it has been established by the Margate City Police Department that said vehicle is not a stolen vehicle or a vehicle wanted in the commission of a crime.
I. 
Should a vehicle be found to be stolen or wanted, the Margate City Police Department shall be notified, and the City's contract tower shall remove the vehicle in accordance with directions from the Police Department to a City lot for the preservation of evidence.
A. 
The mercantile license shall be prominently displayed in the tow lot storage facility.
B. 
All vehicles towed must be stored in that location which is specified in the application for mercantile licenses.
C. 
Records.
(1) 
Each operator will maintain at the facility to which the impounded vehicle is being towed a log or entry book for vehicles towed and a copy of the contract authorizing such towing service.
(2) 
The log book and contracts and all other records are to be displayed to any law enforcement officer, including members of the Margate City Police Department, when requested. The contract or agreement to tow and the mercantile license must be displayed to any interested party requesting them.
D. 
Each towing company shall be responsible for damage while providing a towing service.
E. 
It shall be the responsibility of the towing operator after at least 48 hours from the time the vehicle has been impounded to send a written request to the Division of Motor Vehicles in the state where the vehicle is registered for a certified copy of registration for the motor vehicle in question.
F. 
Fees.
(1) 
Within 48 hours after the information is received from the Division of Motor Vehicles, it will be the towing company's responsibility to notify the vehicle owner of the circumstances surrounding the towing and the fees incurred. The fee for the inquiry to the Division of Motor Vehicles may be added to the fees already outstanding for the initial towing and storage fees.
(2) 
The maximum authorized towing service fee which may be charged to a vehicle owner for its release shall be:
(a) 
Passenger cars and light trucks: $85.
[Amended 3-14-1991 by Ord. No. 1991-7]
(b) 
Trucks/vans, with a gross vehicle weight greater than 6,000 pounds and up to and including 10,000 pounds GVW (gross vehicle weight), $125. The GVW shall be determined by the GVW as stated on the current registration for the vehicle in question.
[Amended 3-14-1991 by Ord. No. 1991-7]
(c) 
Other vehicles having a gross vehicle weight (GVW) greater than 10,000 pounds: $250.
(3) 
Each impound facility shall be manned by a responsible representative of a towing company 24 hours a day while vehicles are being stored there, and the releasing of vehicles shall be available 24 hours a day. There shall be a maximum charge of $5 per day after the first 12 hours and $5 per day thereafter up to 10 days. From the 11th day, there shall be a charge of $8 per day.
G. 
No vehicle shall be removed from the vehicle storage facility without first submitting to the towing operator identification from the person claiming such motor vehicle. A receipt for the towing service must be provided which shall show the full towing service name, address and phone number and shall be endorsed by the agent releasing the vehicle and the signature of the person receiving the vehicle, plus the fee for said service.
H. 
If a vehicle is towed in violation of any section of this chapter, the vehicle is to be released at no cost.
I. 
All tow trucks must be equipped with a rotary or flashing amber light approved by the Chief of Police. A permit must be issued pursuant to Title 39 of the New Jersey Statutes Annotated. Approved-type fire extinguishers for gasoline or electrical fires and road flares are also required.
J. 
All tow trucks must be kept in good running condition, including but not limited to tires, brakes, steering mechanism, lights and body and tow body (boom mechanism).
K. 
All tow trucks shall have the name of the registered owner, address and telephone number, mercantile license number and fees schedule painted or decaled on or permanently attached to both sides of the tow truck.
L. 
A copy of the tow truck's mercantile license must be kept in the tow truck at all times.
M. 
All tow trucks must be inspected by the Police Department at least once a year.
A. 
Every license granted shall entitle the licensee to operate the towing facility or to drive a tow truck for a period of one year, from July 1 to June 30 of the succeeding year.
B. 
The mercantile license fees are as follows:
Name of License
Fee
Towing operator
$300.00
Tow truck employee
$100.00
A. 
Any person violating any provision of this chapter shall, upon conviction in the Municipal Court of the City of Margate, be subject to a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the Judge hearing the same.
B. 
In addition, the license issued by the City of Margate may be administratively revoked by the City Commission for just cause after conducting a hearing. A license may be revoked or suspended for a filed complaint from the public where it has been determined that the operator is using unscrupulous methods, charging exorbitant fees, permitting items of personal property to be removed or damaging vehicles as a result of negligent and unskilled operators, drivers and crews.