Prospective tow list operators shall 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 forms to be furnished by the
City of Vineland, signed by the applicant and filed with the Director
of the Department of Licenses and Inspections; said application shall
contain the following information:
(1)
The name, business address, business name and telephone
number of the towing operator.
(2)
The location of the towing operator's towing facility.
(3)
The name of the towing operator's insurance company
and insurance policy number.
(4)
The towing fees, storage fees charged, and any other
information which the Director deems relevant and appropriate, including
experience and references.
(5)
The type, condition, and design of tow vehicle(s)
and equipment available for service and the name and address of the
owner of such vehicle(s).
(6)
Communications availability including radio communications,
and the location and availability of the dispatch center.
(7)
The name, address and driver's license number for
each driver or operator of the tow vehicle(s).
(8)
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.
(10)
Plot plan. A plot plan shall:
[Added 9-25-2012 by Ord. No. 2012-37]
(a)
Be drawn neatly to scale, preferably at one inch equals 20 feet.
(b)
Indicate the entire lot for which application is being made.
(c)
Contain a symbol indicting the direction of North.
(d)
Indicate the name of all streets and ways upon which the lot
is located, street address and the location and type of existing and
proposed street fixtures such as utility poles, street lights, traffic
signals and signs.
(e)
Indicate the name of the nearest intersection street and the
distance, in feet, to it.
(f)
Indicate, with dimensions, all parking and storage areas with
distance from building and property lines.
(g)
Indicate all driveways and curb cuts and easements.
(h)
Indicate the width of all rights-of-way (streets and ways) upon
which the lot is located.
(i)
Indicate the lot number of the subject property and abutting
lots.
(j)
Draw a key map of area.
(11)
Renewals; plot plan. The applicant may submit a notarized statement with its renewal application that the plot plan required by Subsection A(10) above has not changed from the immediate preceding term. Any changes to the plot plan must be approved by the Planning and/or the Zoning Board of Approval.
[Added 9-25-2012 by Ord. No. 2012-37]
B.
If a firm, partnership, association, limited liability
company, corporation or other organization, the name and address of
each officer, director, partner, and/or member thereof. Each application
for a license, or a renewal thereof, shall contain the street address
for the residence and business of the licensee at the time of application
or renewal. A post office box shall be permitted only as part of a
mailing address that is submitted by the licensee in addition to the
street address of the licensee's residence or business. A licensee
whose last address appears as a post office box shall change the address
on the application to the street address of the licensee's residence
and business. An application of a corporation shall be signed in the
name of the corporation by the president and attested by the secretary.
[Amended 11-28-2006 by Ord. No. 2006-99]
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 hereinafter 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 a permitted use in accordance with the City of Vineland Land Use Ordinance, Chapter 425, 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 Chapter 425, Land Use. Details of the location shall be shown on a map or diagram accurately depicting the dimensions, proposed layout and size of the vehicle storage spaces, fire lanes and the maximum number of vehicles to be stored at such premises. The information shall be submitted on a site plan approved by the City of Vineland Planning Board and/or the Zoning Board of Adjustment.
[Amended 11-28-2006 by Ord. No. 2006-99]
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 Director of Licenses and Inspections or his designee. The Vineland
Police Department shall also have inspection power under this section
to assist the Department of Licenses and Inspections.
[Amended 11-28-2006 by Ord. No. 2006-99]
G.
An application shall not be deemed complete unless
accompanied by:
(1)
A letter of good conduct from the Vineland Police
Department verifying that the towing operator has provided proof of
a current and valid driver's license for each driver or operator and
no criminal convictions relating to the automobile/motor vehicle industry
or which otherwise relate to the operator's ethics or integrity.
[Amended 11-28-2006 by Ord. No. 2006-99]
(2)
A letter of compliance from the Zoning Official representing
the municipality having jurisdiction over 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.
(3)
A letter of compliance from the Department of Licenses
and Inspections 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.
[Amended 11-28-2006 by Ord. No. 2006-99]
H.
The City of Vineland 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.
Upon receipt of a completed application form, the
Director of the Department of Licenses and Inspections or a designee
shall furnish a copy of the application to the Chief of Police.
J.
The Director of Licenses and Inspections or a designee,
upon receipt of a completed application, shall conduct a background
investigation of 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. 40:48-2.49b.
[Amended 11-28-2006 by Ord. No. 2006-99]
K.
The Director of Licenses and Inspections 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.
[Amended 11-28-2006 by Ord. No. 2006-99]
L.
The towing operator shall at no time transfer or assign
a license, or any part thereof, for any purpose whatsoever.
M.
No individual shall operate a tow vehicle unless that
individual is duly licensed by the State of New Jersey. Any change
in licensure of vehicle operators during the period of the license
must be reported to the Department of Licenses and Inspections within
15 days of such change. Failure to do so shall be basis for revocation
of a license.
[Amended 11-28-2006 by Ord. No. 2006-99]
[Amended 11-28-2006 by Ord. No. 2006-99]
A.
In the event that the Director of Licenses and Inspections
determines that the towing operator is not qualified, a written report
shall be filed specifying the findings and the reasons for the recommendation
of rejection. A copy of the report shall be sent by certified mail,
return receipt requested, and regular mail to the towing operator
applicant.
B.
Any towing operator who is denied a license based
upon the findings and recommendations of the Director of Licenses
and Inspections may file with the City Clerk a written request for
a hearing before City Council, provided such request is filed within
30 days of receipt of notification. A hearing shall be scheduled before
City Council within 60 days of the City's receipt of such request,
at which hearing City Council shall be the hearing officer for final
determination of the matter.
A.
In order to be included on the City of Vineland Police
Department Tow List, a towing operator shall submit proof of insurance
to the Director of the Department of Licenses and Inspections and
a copy thereof to the Vineland Police Department each year on or before
January 1 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:
[Amended 11-28-2006 by Ord. No. 2006-99]
(1)
Automobile liability in an amount not less than $500,000
combined single limits.
(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, in an
amount not less than $1,000,000 combined single limit.
(5)
A certificate of insurance naming the City of Vineland
as a certificate holder for a one-year term with a thirty-day notice
of cancellation.
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 keeper's legal liability shall include comprehensive and
collision coverage. Said insurance policy shall provide that the insurance
company will pay on behalf of the City for any and all claims against
the City resulting from the operations of the towing operator.
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 Director of the Department of Licenses
and Inspections and the Vineland Police Department.
D.
The towing operator shall agree in writing to assume
the defense of and indemnify and hold harmless the City, its elected
officials, boards, commissions, officers, employees and agents, from
all suits, actions, damages or claims to which the City 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 City Solicitor prior to being included
on the towing list.
[Amended 11-28-2006 by Ord. No. 2006-99]
Upon the receipt and review by the Director
of the Department of Licenses and Inspections of a completed application,
and upon the findings resulting from the investigation of the applicant
and a recommendation of approval, the application shall thereupon
be referred to the Council of the City of Vineland for consideration;
and when the Council has determined to approve the granting of such
license, it shall do so by resolution. Upon the adoption of such resolution,
the Director of the Department of Licenses and Inspections shall issue
a license certificate, which shall state the purpose for which the
license is granted, the name, business name and the base-of-service
address of the licensee, the number of the license and the date of
its expiration, which license certificate shall be signed by the Director
of the Department of Licenses and Inspections.
[Amended 11-28-2006 by Ord. No. 2006-99; 9-25-2012 by Ord. No. 2012-37]
All licenses issued under this chapter shall
be effective for the period of two years. The license shall begin
on the first day of January and end on the 31st day of December two
years after the granting of the same. All licenses shall expire automatically;
applications for renewal thereof shall be submitted on or before December
1 of the expiring year. Applications received after December 1 of
the expiring year will not be accepted.
A nonrefundable fee of $250 shall be submitted
simultaneously with an original application and all renewal applications.
A license may be revoked or suspended at any
time for cause by action of the Vineland City Council, after an opportunity
for the licensee to be heard, for the violation of any of the provisions
of this chapter or any other ordinance of the City of Vineland. Such
license, when so suspended or revoked, shall not be reinstated except
for good and sufficient cause shown.
