As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS LOCATION
A base of operation that is staffed during normal business hours every weekday and Saturdays, excluding holidays. The business must be clearly marked with signs identifying the name of the business and the hours of operation. The business location must include a fenced-in lot for the storage of towed vehicles, and must meet the location requirements set forth in §
209-5A and
B as applicable. In lieu of a fence, a well-lit storage lot which can be observed by passing patrol cars is acceptable. However, if Borough police officials determine at any time that the security of the lot is inadequate, it may require the installation of a security fence and/or additional lighting in order for the operator to maintain a police tow list wrecker license.
CRUISING
Driving a wrecker along a public highway at a slow speed
or in some other fashion obviously intended to solicit business.
HEAVY WRECKER
A vehicle used to tow or remove other vehicles which have
registered gross vehicle weights in excess of 10,000 pounds.
OPERATOR
Anyone who engages in the business of operating a wrecker
or heavy wrecker. It is not necessary that the vehicle used is owned
by the operator. A person who leases, borrows or otherwise obtains
a wrecker or heavy wrecker shall be considered an "operator." However,
the term does not include a person hired by another to drive a wrecker
or heavy wrecker.
WINCHING
Hauling or hoisting a vehicle into position so as to enable
a wrecker to attach, tow, or remove the vehicle and which operation
is separate and distinct from customary hoisting of a vehicle onto
a flatbed or rear of a wrecker.
WRECKER
A vehicle used to tow or remove other vehicles usually so
damaged or disabled that they cannot proceed under their own power.
It also refers to the operator of a wrecker as defined herein.
Every wrecker operator and heavy wrecker operator who applies
for a police tow list wrecker license, or wishes to be called by the
Police Department for customer requests and/or fatal accident response,
must be licensed by the Borough and meet the requirements of this
chapter.
The application to the Chief of Police provided for in §
209-7C shall be made within 30 days of the incident. It shall be in writing and contain sufficient information to properly identify the date, time and place, as well as the parties involved in the incident. Upon receiving the application, the Chief of Police shall set a date for a hearing and notify all parties involved. The hearing shall be conducted before the Chief of Police in accordance with law and due process. The Chief of Police shall determine what part, if any, of the fee was exorbitant or was paid as a result of misrepresentation, duress or other unfair practices. The amount determined by the Chief shall be immediately refunded to the complainant by the wrecker operator. Failure to immediately refund the overcharge will subject the operator to license revocation proceedings upon a hearing with notice and in accordance with the law.
In addition to the information required by the provisions of
this chapter, applicants shall submit a signed application and release
authorization on application forms available in the office of the
Borough Clerk.
The municipal officers and/or agencies designated to enforce
the provisions of this chapter in accordance with due process of law
are the Borough of Spotswood Police Department and the Borough of
Spotswood Zoning and Code Enforcement Officer, where applicable.