Prospective tow list operators must have a duly licensed towing
facility or auto repair facility meeting the requirements set forth
in this chapter.
A.
License application data required. An application for license shall
be in writing, upon a license application form furnished by the Township
of Elk, signed by the applicant. Said application shall contain the
following information:
(1)
The name, business address, business name and telephone number of
the towing operator.
(2)
The locations of the towing operator's towing and storage facilities.
(3)
The name of the towing operator's insurance company and insurance policy number. Proof of insurance must be provided as required under the terms and conditions stated in § 95-5 herein.
(4)
The type, condition, and design of tow vehicle(s) and equipment available
for service.
(5)
Communications availability, including radio communications, and
the location and availability of the dispatch center.
(6)
The name, address and driver's license number of each driver or operator
of the tow vehicle(s).
(7)
Proof that each vehicle to be licensed is duly registered and inspected
by the State of New Jersey, Division of Motor Vehicles, as a tow vehicle.
(8)
The application shall be accompanied by the following supporting
documentation:
(a)
Zoning certification (issued by the Municipal Zoning Officer/Construction
Official) and the fire subcode certification (issued by the Fire Subcode
Official).
(b)
Deed of ownership or lease agreement for the towing and storage
facilities.
(c)
A site plan depicting the location of the storage facility(ies),
the number of cars that can be stored and the total square footage
of the area.
(d)
Roster of tow vehicles, including the registration and serial
numbers.
(e)
The name, address and driver's license number of each driver
or operator of the tow vehicle(s).
B.
If a corporation applies, the application shall be signed in the
name of the corporation by the president and attested by the secretary.
C.
Said application shall be duly verified by the applicant before a
notary public or some other person duly authorized to administer oaths.
D.
Each such application shall be accompanied by the full amount of
the license fee hereafter prescribed.
E.
No license shall be issued to a towing operator unless the applicant's towing facility is located within a zoning district where such use is permitted in accordance with the Township of Elk Unified Development Ordinance (Chapter 96) or unless a use variance has been obtained therefor, and any and all Planning Board or Zoning Board approvals and/or permits have been obtained therefor, or unless sufficient proofs are provided by the applicant that said facility was operated at its present location prior to adoption of the Unified Development Ordinance of the Township of Elk.
F.
The tow vehicle(s) shall comply with any and all state, federal and
local laws, regulations and ordinances pertaining to safety, lighting
and towing equipment and shall be subject to inspection by the Chief
of Police or a designee at any time.
G.
An application shall not be deemed complete unless accompanied by:
(1)
A letter of good conduct from the Elk Township Chief of Police verifying
that the towing operator has:
(a)
Provided proof of a current and valid driver's license for each
driver or operator; and
(b)
A letter of compliance from the Zoning Officer for the facilities
of the tow operator's base of service, dispatch and/or storage area
that such facilities are not in violation of applicable land use ordinances.
This also applies to any tow facility not within the Township of Elk.
(c)
A letter of compliance from the Zoning Officer or such other
official as applicable representing the municipality having jurisdiction
over the property of the tow operator that such property is not in
violation of applicable property maintenance and health codes. This
compliance letter shall include the dispatch facility and storage
facility if not one and the same.
H.
The Township of Elk shall have the right to verify the accuracy of
the information supplied in the application by interviewing, investigating
and inspecting all personnel, vehicles, equipment and storage areas
proposed for utilization by the applicant and to determine compliance
with all applicable laws, regulations, and standards of performance
required by this chapter.
I.
The Chief of Police of the Township, or a designee, upon receipt
of a completed application, shall conduct a background investigation
on the towing operator. This investigation shall include an inspection
of the towing facility, the tow vehicle(s) and the towing operation,
and inquiry into all relevant matters, to determine if the towing
operator meets the requirements of all applicable laws, regulations,
standards of performance and security of vehicles towed or stored
as mandated by N.J.S.A. 40:48-2.49(b). Every towing operator on the
Elk Township tow list shall be responsible for all fees and costs
associated to perform criminal and driver's license background checks
for each of their employees.
J.
The Police Department may request and obtain additional information
from the Chamber of Commerce and the Department of Weights and Measures
and Consumer Protection of the applicable county and from any other
appropriate sources.
K.
The towing operator shall at no time transfer or assign a license
or any part thereof, for any purpose whatsoever.
L.
No individual shall operate a tow vehicle unless the State of New
Jersey duly licenses that individual. Any change in licensure of vehicle
operators during the period of the license must be reported to the
Police Department within 15 days of such change. Failure to do so
shall be basis for revocation of license.
M.
All tow operators' drivers' licenses shall be checked yearly in order
to confirm their validity.
N.
The towing facility must be established for a minimum of three years.
O.
No more than one roster slot on the Township of Elk certified list
shall be granted to an applicant. No towing operator shall have an
interest, direct or indirect, in any other towing operator on the
Township of Elk towing list.
A.
Upon completion of the aforesaid investigation, the Chief of Police
shall file a written report as to the findings and issue a recommendation
of approval or disapproval with the Township Committee.
B.
If the Chief of Police recommends that the towing operator not be
approved, a written report shall be filed with the Township Clerk,
specifying the findings and the reasons for the recommendation or
rejection. The Township will furnish a copy of the report to the towing
operator by certified mail.
C.
Any towing operator who is denied a license based upon the findings
and recommendations of the Chief of Police may, after receipt of notification,
file an appeal within 10 days with the Township Clerk. The Township
Clerk shall then schedule a hearing before the Township Committee.
A.
In order to be included on the Township of Elk Police Department's
tow list, a towing operator shall submit proof of insurance to the
Director of the Department of Licenses and Inspections, State of New
Jersey Motor Vehicle Commission, and a copy thereof to the Elk Township
Police Department each year on or before April 15 that its towing
facility is insured by a reputable insurance company licensed to do
business in the State of New Jersey with a standard general liability
insurance policy designed to cover garage operations. Said insurance
policy shall provide for minimum monetary limits for any single occurrence
as follows:
(1)
Automobile liability in an amount not less than $1,000,000 for light-,
medium- and/or heavy-duty trucks.
(2)
Workers' compensation as required by statute.
(3)
Garage keepers legal liability in an amount not less than $100,000
per location.
(4)
Garage liability, including cargo insurance for heavy-duty tow in
the amount of not less than $250,000 combined single limit; cargo
insurance for light-duty tows to meet the New Jersey minimum insurance
requirements.
(5)
A certificate of insurance naming the Township of Elk as "additional
insured" for a one-year term with a thirty-day notice of cancellation.
(6)
The policies required in this section shall be subject to review
by the TRICOJIF or insurance carrier for the Township of Elk and may
be subject to change without the necessity of modifying this chapter.
B.
The insurance company must be an approved carrier licensed to do
business in the State of New Jersey. The aforesaid insurance policy
shall also be written as to include coverage for the property owned
by others which is in the care, custody or control of the licensed
towing operator, including the perils of transportation for any motor
vehicle in the possession or control of the towing operator. The garage
keepers legal liability shall include comprehensive and collision
coverage. Said insurance policy shall provide that the insurance company
will pay on behalf of the Township for any and all claims against
the Township resulting from the operations of the towing operator,
including any and all attorney fees.
C.
The insurance coverage shall provide that the insurance policy may
not be canceled or materially changed without 30 days' prior written
notice to the Department of Licenses and Inspections, State of New
Jersey Motor Vehicle Commission, and the Chief of Police of the Elk
Township Police Department.
D.
The towing operator shall agree, in writing, to assume the defense
of and indemnify and hold harmless the Township, its elected officials,
boards, commissions, officers, employees and agents, from all suits,
actions, damages or claims to which the Township may be subjected,
of any kind and nature whatsoever, resulting from, caused by, arising
out of or as a consequence of the provision of towing, storage and/or
emergency services provided by the towing operator pursuant to this
chapter. Tow operators shall enter into a hold harmless agreement
in a form to be approved by the Township Solicitor prior to being
included on the towing list.
Upon the receipt and review of a completed application, and
upon the filing by the Chief of Police of a written report of findings
resulting from the investigation of the applicant and a recommendation
of approval, the application shall thereupon be referred to the Township
Committee of the Township of Elk for consideration, and when the Township
Committee has determined to approve the granting of such license,
it shall do so by resolution.
All licenses issued under this chapter shall be effective for
a period of two years. The license shall begin on the first day of
April and end March 31. All licenses shall expire automatically; applications
for renewal thereof shall be submitted not less than six weeks prior
to date of expiration.
A.
A license may be revoked or suspended at any time for just cause,
by the Township of Elk, for one or more of the following reasons:
(1)
If it is subsequently determined that the applicant knowingly, and
with the 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)
Conviction of a crime or disorderly person's offense involving moral
turpitude, defined as conduct that is considered contrary to community
standards of justice, honesty and good morals.
(3)
Violation of any federal or state law or municipal chapter or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
(4)
Violation of any rules or regulation promulgated by the New Jersey
Department of Insurance.
B.
Once the licensee is notified of the suspension or revocation, he
has the opportunity to be heard by the Township Administrator after
filing a written appeal within 10 days. Such license, when so suspended
or revoked, shall not be reinstated except for good and sufficient
cause.
