A.
It is the purpose and intention of this provision to provide adequate
and necessary towing services to the Borough without excluding or
discriminating against any applicant, so long as the number of licenses
to be issued are not so great in number as to render administering
and policing the requirements of this chapter unduly burdensome, costly
and impracticable to Borough facilities.
B.
It has been determined by the Mayor and Council, in consultation
with the Director, that the existence of an unwieldy and unnecessary
number of licensed towers renders the purposes to be accomplished
by this chapter to be cumbersome and not in the interests of the municipality,
particularly in administering and implementing the provisions herein
and in overseeing proper and continuous compliance by licensed towers
with the requirements herein.
C.
The Mayor and Council, giving due credence to the difficulty of administering
and/or enforcing the terms of this chapter upon a large and/or unwieldy
number of licensed towers, have determined that there shall be no
more than two licensees operating as municipal towers for the Borough
of Wallington.
A.
When the number of towers on the rotational list as herein described
equals said amount determined in the preceding subsection, no further
applications shall be received by the Borough Clerk.
B.
Thereafter, when the number of licensed towers falls below the number
required as aforesaid, either by resignation, attrition, disqualification,
an increase in need for towers or otherwise, the Borough Administrator
may, but is not required, seek additional towers. In such instance,
the Borough Clerk shall advertise in a newspaper designated as the
official newspaper of the Borough and shall post a notice on the bulletin
board that the Borough is accepting applications for additional towers.
(1)
The period of application shall remain open for a period of 30 days
from publishing, and the Clerk shall accept applications during said
period.
(2)
Each new application shall be processed and investigated pursuant
to the provisions herein for applications.
(3)
The appointment of additional towers shall be made as heretofore
described.
C.
If the number of applications exceeds the number of positions available,
the positions shall be filled by an impartial selection process such
as a "lottery" or other random, impartial-type selection procedure,
as determined by the Mayor and Council. Said selection shall be performed
at a time and place set forth in a notice to be given to each approved
applicant who may be present during such selection process.
An applicant may be included on the official towers list by
action of the Mayor and Council, pursuant to resolution adopted at
a public meeting, when, from a consideration of the application and
from such other information as may be obtained, the Mayor and Council
determine that all of the following circumstances exist:
A.
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
B.
The applicant has met the standards and all requirements for official
towers pursuant to this chapter.
A.
The Borough Clerk shall promptly notify the applicant of the approval
of the application and shall issue a license to the applicant. Under
no circumstances shall a license be issued unless the required evidence
of insurance is presented to the Borough Clerk and all required fees
are paid. Failure of the applicant to submit such evidence of insurance
and pay required fees within 10 days of the applicant's receipt
of notice of approval shall be deemed a withdrawal of the application,
and the license shall not issue to said applicant. The license shall
be on a uniform form given to all licensees and shall contain the
following information:
B.
The Borough Clerk shall retain a permanent record of all licenses
issued and shall also provide a copy of the license to the Police
Department. Each license issued shall have appended to it a list of
all tow truck operator permits issued to operators employed by the
licensee. No person shall be authorized to operate a towing vehicle
pursuant to this chapter other than those who have been approved for
such operation by the Borough and whose name and driver's license
number is contained in said list.
All towing licenses issued by the Borough of Wallington shall
expire on December 31 of the second year following its commencement
date, subject to the yearly fees and renewal procedures.
