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 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.
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.
(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.