As used in this chapter, the following terms shall have the meanings
indicated:
AUTOMOBILE
A private passenger motor vehicle, or any vehicle included in the
definition of "Automobile" under N.J.A.C. 11:3-38.2.
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway, street
or other public or private road, or 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.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than muscular power, except
such vehicles as run only upon rails or tracks, or motorized bicycles.
TOW OPERATOR
A person engaged in the business of towing and storing motor vehicles
or offering the services of a tow vehicle or tow truck and storage services.
TOW VEHICLE or TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings, tilt
beds, wheel lifts, or under-reach equipment specifically designed by their
manufacturer for the removal or transport of motor vehicles, including flatbed
vehicles, employed for the purpose of towing, transporting, conveying and/or
removing motor vehicles which are unable to be operated under their own power
from one place to another for which a charge or fee is extracted.
No person shall engage in the business of towing or storing motor vehicles
at the direction of the Borough of Pemberton Police Department without first
obtaining a tow operator's license therefor. Nothing herein shall require
licensing for the rendering of road service or for the provision of towing
and storage services within the Borough other than at the request of the Borough
Police Department.
Any person aggrieved by the action of the Chief of Police or the Borough
Clerk in the denial of an application for a license, or in revocation thereof,
or in the suspension from the Borough's on-call towing list, may appeal
to the Borough Mayor by filing with the Clerk, within 14 days after notice
of the action complained of has been mailed to such person's last known
address, a written request for a hearing, setting forth fully the grounds
for the appeal. The Mayor will set a time and place for a hearing on such
appeal, and notice shall be served on or mailed to the applicant or licensee
at least five days prior to the hearing. The Mayor's and Council's
determination shall be made by resolution and shall become effective immediately.
The Chief of Police shall promulgate such rules, regulations and procedures,
not inconsistent with this chapter, as may be reasonable and necessary to
carry out the provisions of this chapter. Copies thereof shall be provided
to all licensed tow operators and shall be made available to the public, along
with copies of current fee schedules, during normal business hours. Failure
to comply with applicable rules, regulations and procedures may be cause for
revocation of a tow operator's license.
The Chief of Police is hereby designated to enforce the provisions of
this chapter and any applicable rules and regulations.