[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 12-14-1993 by Ord. No. 93-19. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 or a panel
truck or a camper-type vehicle used for recreational purposes 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).
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 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.
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
of the motor vehicle.
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 the
tow vehicle is stationed when not in use.
A.
The Mayor and Council shall appoint persons or companies
meeting the criteria set forth in this chapter and engaged in the
business of 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. Such persons or companies
shall be known as "official towers."
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' licenses, the Borough shall advertise
for applications for towing licenses for providing towing services
pursuant to this chapter. The advertisement shall be published in
the official Borough newspaper.
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.
For the purposes of the licenses to be awarded, pursuant
to the chapter, in the year in which it is adopted, the initial term
of the license shall be from the date the license is issued until
December 31, 1994. Licenses issued thereafter shall be for a three-year
period commencing on January 1 of the year in which it was issued
and terminating three years thereafter.
F.
Notwithstanding the provisions of this chapter that
provide for a three-year term of the license, official towers shall
submit no later than December 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. The certification shall be submitted to the Chief of
Police 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.
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 Chief of Police or his authorized designee.
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the Chief of Police. Any official tower to whom
approval to subcontract work has been given shall be responsible for
the services performed by the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
A.
Applications for inclusion on the official towers'
list shall be made to the Mayor and Council upon a form prepared by
the Chief of Police 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)
A certificate or certificates of insurance evidencing
adequate 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 20 minutes, except when extraordinary circumstances occur.
(6)
Certification that the applicant will be available
for service on business premises 24 hours a day and that they will
abide by the fees contained in or referred to in this section.
(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 site 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 Chief of Police in connection with towing procedures
within the Borough.
B.
The applicant shall submit completed duplicate applications
to the Borough Clerk, who shall forward a copy to the Chief of Police
for his review and approval. The 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 drivers'
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 Mayor and 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 furnished the required hold harmless agreement and 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 or had their drivers' license
suspended within the past year.
D.
The Chief of Police shall conduct his review and render
a report to the Mayor and Council, recommending either approval or
denial of the application, within 21 days of receipt of the application
from the Borough Clerk. The Mayor and Council shall take action with
regard to the application within 14 days of receipt of the report
of the Chief of Police. The applicant or its representative shall
be given notice of the date on which the Mayor and 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 Mayor and Council.
F.
If the Mayor and Council fail 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
and payment of the required fees, the Borough Clerk shall 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.
B.
The licenses, which shall be in a form approved by
the Mayor and Council, shall be displayed on the tow vehicle or flatbed
vehicle at all times.
C.
The licenses shall be valid for the three-year period
as set forth in the chapter, shall be nontransferable and shall be
subject to revocation by the Mayor and 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 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 New Jersey Department of Insurance.
(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 § 92-2F of this chapter shall be $50 per vehicle.
E.
Licenses shall not be transferable from one vehicle
to another without the consent of the Chief of Police. Consent may
be granted at the sole discretion of the Chief, if the licensee demonstrates
that the transferee vehicle complies with all of the requirements
of this chapter.
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, one flatbed vehicle and one heavy-duty wrecker.
(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 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)
Every official tower shall have available a heavy-duty
wrecker, and underreach shall be rated at 35,000 pounds and shall
be capable of towing new style buses and trucks with fiberglass front
ends.
(4)
All equipment shall comply with all state and federal
regulations, and all vehicle operators shall possess a CDL license
for over 18,000 pounds.
(5)
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 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 pry bar, 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 Chief of Police 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.
(3)
Every tow vehicle or flatbed vehicle shall display
the official tower's 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
service for disabled vehicles.
(2)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(3)
Be mentally alert and present a neat appearance at
all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to inspection by the Chief of Police of
the Borough and shall be approved by the Chief prior to rendering
any services pursuant to this chapter.
(6)
Not have been convicted of a crime nor had their driving
privileges 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 and one tractor and trailer. The
area shall have at least 800 square feet of inside storage facilities
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.
(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 24 hours
a day, 365 days per year and shall be open to the public on weekdays
during normal business hours and for four hours 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 official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(h)
The official tower shall have available an area
within the Borough of Park Ridge to store vehicles involved in suspected
crimes or criminal activities as directed by the Chief of Police or
a location outside of the Borough of Park Ridge within a reasonable
towing distance; such location shall be subject to the approval of
the Chief of Police.
(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.
A.
Official 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 Chief of Police in accordance with his rulemaking
authority under this chapter. Unless otherwise changed by the Chief
of Police under his rulemaking authority, the one-week rotation shall
commence at 12:00 midnight Wednesday and terminate at 11:59 p.m. the
following Tuesday.
B.
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.
C.
All requests for service shall be made by the Chief
of Police or his official designee.
D.
The Borough shall request service only from official
towers; provided, however, that if no emergency or 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 are requested by the Borough,
or if an emergency exists, the Borough may request such services from
any other available source.
E.
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.
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 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.
A.
No person shall be included on the official towers'
list unless and until such person has provided to the Borough a certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverages:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limits.
(2)
Workers' compensation as required by law.
(3)
Garage keepers liability in an amount not less than
$60,000 per location.
(4)
Garage liability in an amount not less than $1,000,000
combined single limit.
(5)
Sufficient comprehensive general public liability
insurance to protect the Borough from any liability, loss or damage
arising out of the activities to be conducted. Such insurance shall
be in the minimum amount of $1,000,000 for each person and $3,000,000
for each accident.
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 Borough and shall have at least
a B+ rating by a recognized rating service.
D.
The Borough of Park Ridge 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 be canceled, terminated or coverage decreased without 30 days'
written notice to the Borough.
E.
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
that any coverage is canceled, terminated, interrupted or decreased
in amount, the tower shall be removed from the official towers' list
until such time as the required coverage is reinstated or replaced.
[Amended 11-23-2010 by Ord. No. 2010-38]
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 by the New Jersey Department of Insurance pursuant
to N.J.S.A. 17:33B-47[1]. Those towing and storage fees, which are set forth in
N.J.A.C. 11:3-38.1, are incorporated herein by reference:
(1)
The following is the fee schedule for towing services:
|
Days
| ||
|---|---|---|
|
Towing Distance
|
Fee
| |
|
First mile or less
|
$100
| |
|
Each additional mile
|
$3
| |
|
Nights, Weekends and New Jersey State
Holidays
| ||
|---|---|---|
|
Towing Distance
|
Fee
| |
|
First mile or less
|
$125
| |
|
Each additional mile
|
$3
| |
(2)
The following is the fee schedule for storage services:
|
Storage Facility Capacity
|
Fee
| |
|---|---|---|
|
Inside building
|
$45
| |
|
Outside secured
|
$35
|
(3)
Pursuant to law, the fee schedules shall be reviewed
by the New Jersey Commissioner of Insurance on an annual basis and
may be revised if necessary. In the event that the above schedules
are revised by the Commissioner of Insurance, the revised fees shall
be the maximum fees that may be charged by official towers and this
chapter shall be amended accordingly.
(4)
The
following is the fee for winching services off road: up to $150 depending
upon need.
(5)
If
"speedy dry" or similar is required: up to $35.
[1]
Editor's Note: Said provisions were repealed by L.1997, c.
387.
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 of Park Ridge 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:
|
Type of Towing Service
|
Class 1
(all vehicles 6,000 to 16,000 pounds'
gross vehicle weight)
|
Class 2
(all vehicles 16,000 to 80,000 pounds'
gross vehicle weight)
| ||
|---|---|---|---|---|
|
Days:
| ||||
|
Standard tow
|
$200
|
$300
| ||
|
Wheel lift
|
$200
|
$300
| ||
|
Flatbed
|
$200
|
$300
| ||
|
Nights:
| ||||
|
Standard tow
|
$250
|
$350
| ||
|
Wheel lift
|
$250
|
$350
| ||
|
Flatbed
|
$250
|
$350
| ||
(2)
The following is the fee schedule for storage services:
|
Storage Facility Capacity
|
Class 1
|
Class 2
| |
|---|---|---|---|
|
Inside building
|
$45
|
$65
| |
|
Outside building
|
$45
|
$65
|
(3)
The fees set forth for nonpassenger vehicles in this
section are the maximum charges that shall apply for basic towing
services. The official towers, however, shall be allowed, for winching
and wrecking services over and above the basic towing services, an
additional $50 per hour for light-duty wrecker, $100 per hour for
medium wrecker and $150 per hour for heavy-duty wrecker. 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.
D.
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.
(1)
Other than for commercial vehicles, the towing rates
shall be calculated based on the total distance traveled from the
tow vehicle's base of service to the job site and return, by way of
the shortest available route. Fractions shall be rounded up to the
nearest whole mile.
(2)
Tow vehicles transporting multiple passenger cars
at one time shall receive the applicable fees for each vehicle transported.
(3)
When towing services are required at the scene of
an accident, the day rate shall apply when the time of accident is
between 8:00 a.m. and 4:30 p.m., Monday through Friday, except New
Jersey state holidays. The night, weekend and holiday rate shall otherwise
apply.
(4)
When towing services are otherwise required, the day
rate shall apply when the vehicle is transported (pickup to delivery)
entirely between the hours of 8:00 a.m. and 6:00 p.m., Monday through
Friday, except New Jersey state holidays. The night, weekend and holiday
rate shall otherwise apply.
E.
The fees set forth on the schedule for storage fees
are the maximum storage charges per twenty-four-hour period that shall
apply to a private passenger automobile that is stored by a person.
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. 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 municipality 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.
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.
A.
In the event that a complaint is received by the Borough
involving the improper or unsatisfactory performance of services by
an official tower, excessive charges or damage to a motor vehicle
while in custody of the tower, written notice of the same shall be
provided by the Borough Administrator to the official tower involved.
The tower shall have the opportunity to respond, in writing, within
five 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 by the Borough 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
the tower involved 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, as set forth in § 92-5C, exists, the license shall be revoked and the tower shall surrender the same to the Borough Administrator within one day.
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 revocation
of the official tower's license.
