As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Any individual, sole proprietorship, firm, partnership, association,
limited liability company, corporation or other organization.
WRECKER
A vehicle driven by mechanical power and used for the purpose
of towing, transporting, conveying or removing any and all kinds of
vehicles which are unable to be and are not operated under their own
power from the place where they are disabled.
The application for a license as required by
the preceding section shall be made to the Department of Licenses
and Inspections of the City of Vineland on the prescribed form and
shall accurately specify the following information, the truth of which
shall be sworn to by the applicant:
A. The year, make, type and registration number of the
wrecker. The wrecker must be registered or leased for one year to
the applicant, and the registration card or lease must be exhibited
to the City of Vineland.
B. The name and address of the applicant. 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.
C. The name and address, social security number, New
Jersey driver's license number and telephone number of the owner of
the wrecker, if other than the applicant.
D. The name, address and New Jersey driver's license
number for each driver or operator of the wrecker, accompanied by
a photo identification, and proof that each vehicle to be licensed
is duly registered and inspected by the State of New Jersey, Division
of Motor Vehicles.
E. The location of the premises where the wrecker is
domiciled or garaged.
F. The location of the premises to which vehicles are
towed. Details of the location(s) 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 said information shall be submitted
on a site plan approved by the City of Vineland Planning Board and/or
the Zoning Board of Adjustment.
G. Documentary proof that the applicant has the ability
to comply with the terms of this chapter.
H. A complete list of all criminal convictions of the
applicant or owner, partner, officers or local office manager of the
applicant and each driver or operator of the wrecker.
I. Whether the wrecker is to be used as an accessory
use to a gasoline service station or motor vehicle repair shop.
Each license application shall be accompanied
by certificates of automobile and garage keeper's liability insurance,
issued by an insurance company authorized to do business in the State
of New Jersey. Said insurance policy shall provide for minimum monetary
limits for any single occurrence as follows:
A. Automobile liability in an amount not less than $1,000,000
combined single limits.
B. Workers' compensation as required by statute.
C. Garage keeper's legal liability in an amount not less
than $100,000 per location.
D. Garage liability, including cargo insurance, in an
amount not less than $1,000,000 combined single limit.
E. A certificate of insurance naming the City of Vineland
as a certificate holder for a one-year term with a twenty-day notice
of cancellation to the City of Vineland in the event of any material
change or cancellation.
Each employee or agent of licensees under this
chapter who operates a wrecker within the City of Vineland shall be
registered with the Department of Licenses and Inspections, and such
registration shall be the joint obligation of the employee or agent
and employer. The registration shall include the name and address
of the employee or agent; the name of the employer; a criminal history
background check, a certified driver's abstract of the employee or
agent; the length and type of the employee's or agent's experience
in the wrecker business and with the employer. All registration forms
shall be reviewed by the Director of Licenses and Inspections or designee,
who shall determine, within 30 days of its submission, whether a registration
should be issued. Any employee or agent denied a registration hereunder
shall have 10 days to appeal the decision to City Council, which shall
hear and decide the appeal.
Upon receipt of all reports as set forth in §
669-5 hereof, the Director of Licenses and Inspections shall forthwith transmit the same to City Council, which shall grant or deny the issuance of a license within 30 days after receipt of all reports. No application shall be denied unless City Council determines that the applicant has not demonstrated the ability to comply with the terms of this chapter, for any reason specified in §
669-12 hereof, or for other just cause. In the event of any denial, the applicant shall forthwith be notified thereof in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to make written request to the City Clerk for a hearing before City Council.
Any license or registration required by this
chapter shall not be transferred, subcontracted or assigned without
the prior approval of City Council, nor shall the domicile of any
wrecker licensed hereunder be changed without the prior approval of
City Council.
No person shall operate an unengaged wrecker
along a public street in the City of Vineland at a slow rate of speed
or in any other fashion calculated for the obvious purpose of soliciting
business.
No person shall tow or remove, or cause to be
towed or removed, any vehicle from a location within the City of Vineland
to a location outside the City except as provided herein; provided,
however, that if a towed vehicle remains unclaimed at the premises
of a licensee for more than 30 days, then and in that event, the vehicle
may be removed by a wrecker without the owner's consent to a location
outside the City of Vineland; provided further, however, that, at
least five days prior to any such removal, the owner is notified by
certified mail, return receipt requested, of the intent to remove
such vehicle to a location outside of the City of Vineland and the
address of such location.
No licensee shall cause or suffer any disabled
vehicle to be stored outdoors upon premises owned or leased by the
licensee for a period in excess of 30 days.
No licensee under this chapter shall, in the
course of providing service, collect parking fees or fees for services
other than those rendered by the licensee.