[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 5-12-1992 by Ord. No. 8-1992;
amended in its entirety 7-8-2008 by Ord. No. 20-2008. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Unregistered or junked vehicles — See Ch. 371.
As used in this chapter, the following terms shall have the
meanings indicated:
Charges for post-accident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items and additional paperwork.
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver, and
a motor vehicle with a pickup body, or delivery sedan, a van or panel
truck or a camper-type vehicle used for recreational purposes owned
by an individual or husband and wife who are resident of the same
household, not customarily used in the occupation, profession or business
of the owner(s).
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
All vehicles up to 6,000 pounds gross vehicle weight ("GVW").
All vehicles 6,000 pounds to 26,000 pounds GVW.
All vehicles 26,000 pounds and over GVW.
Cleanup and/or removal of debris or mechanical work to ready
the vehicle for towing; does not includes supplies and labor to clean
up an accident scene, absorbent material, and debris.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a locked gate. The facility is
lighted at night.
Recovery can be achieved by several actions which may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the damaged vehicle
to a towable position.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof; a new twenty-four-hour
period begins at 12:01 a.m. of the succeeding day.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where
the tow vehicle is stationed or when not in use.
Charge for a motor vehicle towed into the storage facility
of the primary tower that is not movable and must be towed out of
the primary tower's storage facility to a public street for towing
by the secondary tower.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to EMS services which
must be performed and/or police investigations.
The process of moving a motor vehicle by the use of the cable
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier nor lifting a motor vehicle with a conventional
tow sling.
A.
The governing body of the Town of Dover, hereinafter "Town," shall
license persons or companies meeting the criteria set forth in this
chapter and engaged in the business or offering the services of motor
vehicle towing, wrecker or storage services, whereby damaged or disabled
motor vehicles are towed or otherwise removed from the place where
they are damaged or disabled, by use of a tow vehicle, as defined
herein. Such person or company shall be known as an "official tower."
B.
Official towers shall be identified by means of a license which shall
be issued by the Town as hereinafter provided. Each licensed official
tower shall also have issued by the Town a decal or insignia for each
vehicle used in the towing operation by the official tower and which
shall be placed on each vehicle in a prominent portion of such vehicle
as required by the Chief of Police or his designee. No vehicle or
motorized equipment shall engage in towing vehicles unless such insignia
or decal is affixed as set forth and the name of the official tower
permanently affixed to the vehicle. "Permanently affixed" herein shall
mean attached to or placed on the vehicle in such a manner as such
cannot be removed or repositioned.
C.
No person may engage in municipal towing at police request without
first obtaining a license therefor as provided by this chapter. Nothing
in this chapter shall apply to persons who operate a wrecker or tow
truck that picks up disabled vehicles outside the Town limits and
are in the course of taking such vehicles to a garage or other location,
either within or without the Town, nor to wreckers or tow trucks whose
services are specifically requested by the driver or owner of a disabled
vehicle.
A.
The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the Town when requested to do so by
the Chief of Police or his designee. The official tower shall be available
to render service 24 hours per day, seven days per week.
B.
In the event that a disabled vehicle requires special towing equipment
and the official tower does not possess such equipment, then the Chief
of Police or his designee shall select the next official tower in
the rotation list who does possess the necessary special equipment
to tow such disabled or damaged vehicle. No official tower shall subcontract
or assign work to be performed by the official tower under the provisions
of this chapter.
A.
Any person, corporation or business firm who desires to perform towing
work at police request shall submit an application for a towing license
on forms furnished by the Town Clerk to the Chief of Police. The application
shall state:
(1)
The full name, address, and telephone number of the applicant. If
the application is made for a corporation, it shall state the corporation's
registered office, its registered agent, and the names, residences
and telephone numbers of all persons owning 10% or more of the shares
thereof.
(2)
In the event that the official tower is conducting business under
a trade name or business name, the applicant shall submit a certificate
of such name filed with the County Clerk's office of Morris County,
as well as the Secretary of State of the State of New Jersey.
(3)
Such information as may be required by the Mayor and Board of Aldermen
or designees concerning the personnel, vehicles, equipment, and storage
facilities of such applicant, as hereinafter provided, showing that
the applicant meets the minimum standards of performance.
(4)
Certificates of insurance evidencing adequate insurance coverage
as hereinafter provided.
(5)
An annual fee of $125 to cover the administrative expenses incurred
by the Town in processing the applications and an additional fee of
$50 for each vehicle for which an identifying decal is issued.
(6)
All towing vehicles must be listed on the application, including
the make and model number, year of vehicle and vehicle identification
number. No vehicle may be listed on more than one application.
(7)
The tower shall contact the New Jersey State Police at (609) 882-2000
and request background check forms for each owner, member of the corporation,
director, stockholder, partner and employee. The tower, upon receipt
of the forms, will have each employee, owner and other person having
an ownership interest in the business complete the forms and return
the original forms with the required funds for each form and a copy
of each form to the Town Police Department. This procedure will be
followed by the licensed tower for each new hire. No person found
to have a criminal record shall have an ownership interest in a licensed
tower's business.
B.
No license shall be granted to a tower unless and until he has appointed
the Town Clerk as the applicant's true and lawful attorney for
the purpose of acknowledging service out of any court of competent
jurisdiction to be served against the applicant.
C.
Upon receipt of complete application, the Town Clerk shall forward
a copy to the Chief of Police or his designee for his review and recommendation.
The review by the Chief of Police or his designee shall consist of
the following:
(1)
A background check to determine if either the applicant [all owners as defined in Subsection A(1) above] or the applicant's personnel (all persons authorized or licensed to drive a towing vehicle) have been convicted of a criminal offense or have had their driver's license suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for disqualification from inclusion on the official towers list. No person who has been convicted of a criminal offense or whose driver's license has been suspended shall be employed as a driver of a tow truck or wrecker by the official tower. A background check shall be made for any person employed by the official tower after a license has been issued.
(2)
An inspection of the personnel, vehicles, equipment and storage areas
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this chapter.
A.
After receiving a letter of application for a towing license, the
Chief of Police shall conduct or cause to be conducted an investigation
to determine the truth and accuracy of all the information contained
in the application, whether the applicant and all employees are fit
and proper persons to conduct the proposed business, whether the applicant
has demonstrated, by his equipment capacity, the location of the business
and the location to which requests will be directed during on-call
hours, the ability to respond to calls 24 hours a day and whether
such ability to respond is sufficient to provide a response to any
location within the Town within 10 minutes of request made by the
Police Department of the Town from 6:00 a.m. to 6:00 p.m., and 20
minutes from 6:01 p.m. to 5:59 a.m. The investigation shall be completed
within 21 days of receipt of the application from the Town Clerk.
Upon completion of his investigation, the Chief of Police shall forward
a copy of the letter of application for a towing license to the Town
Mayor and Board of Aldermen, along with a recommendation for approval
or disapproval of the license and the reasons, if any, for disapproval.
B.
Upon receipt of the application, the Mayor and Board of Aldermen
shall determine within 14 days, or at its next public meeting, whichever
is later, whether or not the applicant has complied with all the necessary
standards and criteria, and if it shall so find, the license shall
be issued to the applicant, and the applicant's name shall be
placed at the end of the towing list. The applicant, or its representative,
shall be given notice of the date on which the Mayor and Board of
Aldermen shall consider the application and shall be permitted to
appear and to be heard at that time. Written notice of the approval
or denial of the application shall be provided to the applicant within
seven days of the decision of the Mayor and Board of Aldermen.
A.
Upon approval of the application as herein provided, the Town Clerk
shall issue for the applicant an official tower's license for
each tow vehicle or flatbed vehicle to be utilized in providing services
pursuant to this chapter by submitting such to the Chief of Police
or his designee for submission to the official tower.
B.
Said licenses and identifying decals shall be affixed by the Chief
of Police, or his designee, at police headquarters, which shall be
in the form approved by the Mayor and Board of Aldermen, and shall
be displayed on the tow vehicle or flatbed vehicle at all times.
C.
Expiration, renewal; revocation.
(1)
Each official tower's license shall expire December 31 of every
calendar year, and the license shall run for the calendar year only.
Each applicant for an official tower's license or renewal shall
apply for such license on or before October 1 of any calendar year
for the next succeeding calendar year, and the license shall not be
transferable or assigned and may be subject to revocation by the Mayor
and Board of Aldermen for any of the following reasons:
(a)
If it is subsequently determined that the applicant knowingly
and with 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.
(b)
Violation of any federal or state law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(d)
Violation of any provisions of this chapter.
(2)
No license shall be issued for less than a full calendar year, nor
should a license be issued at any time other than the period set forth
above.
D.
Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall refile completely
for such official tower's license, setting forth all the information
required in the form provided by the Town Clerk and complying with
the provisions of this chapter.
A.
No towing license shall be issued under this chapter until the applicant
has provided the Town Clerk with a certificate of insurance which
complies with N.J.S.A. 39:3-84.8. This insurance shall remain in effect
during the entire term of licensure. On all liability policies, the
Town shall be added as an additional insured, and insurance certificates
shall indicate such coverage as primary coverage, notwithstanding
any insurance carried by the Town.
B.
The tower shall indemnify the municipality and the public against
any loss due to injuries, accidents or damages of any character whatsoever
where any such damage is the result of an act or omission of the tower,
his agents or employees in or due to the execution of the work called
for under the contract.
C.
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Town shall be furnished forthwith. Each
such policy or certificate shall contain a provision that it is not
subject to change, cancellation or nonrenewal unless 30 days'
prior written notice via certified mail, return receipt requested,
shall have been given to the Town by the tower's insurer. These
must be received 30 days prior to the commencement of work.
D.
The providing of any insurance required herein does not relieve the
tower of any of the responsibilities or obligations assumed by the
tower for which the tower may be liable by law or otherwise.
E.
If any policies contain deductibles or co-payments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company.
F.
If any policies contain limits of liability with an aggregate limit,
the tower or the tower's insurance company shall provide the
Town, quarterly during the policy period, a statement evidencing the
limits of liability required under this chapter to be in force.
G.
Failure to provide and continue in force such insurance as required
above shall be deemed a major breach of the chapter and shall cause
immediate termination thereof.
H.
All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating of A-. They shall be written
on an ISO (Insurance Service Office) form or better.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle
with wheel lift, one flatbed vehicle and at least one medium-duty
or one heavy-duty towing vehicle of at least 26,000 pounds gross weight.
Registration documents shall be shown to the Town certifying registration
is the same or better than the gross vehicle weight (GVW) of the vehicle
as plated on the vehicle.
(2)
Vehicle classes.
(a)
Tow vehicles of 26,000 pounds gross vehicle weight or less must
be equipped with a boom or winch assembly mounted on the chassis,
a tow sling or tow bar and a wheel lift assembly or under reach. The
winch assembly must have 100 feet of at least 3/8 inch or 7/16 inch
steel cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate the transporting
of vehicles.
(3)
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles which will be utilized to provide
services pursuant to this chapter.
B.
Minimum equipment and reporting requirements.
(1)
Every tow vehicle or flatbed shall have two-way radio or cellular
telephone capability with a dispatching center on a twenty-four-hour
basis.
(2)
Every tow vehicle or flatbed shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the State of New Jersey,
must be filed in the office of the Chief of Police and Town Clerk.
(b)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(c)
Extra chains and cables for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
and a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(3)
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his designee at any
time. Where applicable, all permits required by other agencies than
the Town shall be provided to the Town upon the request of the Town.
(4)
Every tow vehicle or flatbed vehicle shall display the official tower's
decal and shall have the name of the official tower, by permanently
affixed or painted sign, prominently displayed on the outside panels
of the vehicle (both sides). The sign shall be at least three inches
in height and diameter, visible to the naked eye, and the names must
be the same on both panels.
C.
Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two drivers to provide the services required
by this chapter. All drivers employed by official towers to provide
services covered by this chapter shall meet the following requirements
and be subject to the following regulations:
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building and outside
secured storage area meeting the following requirements:
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
must be over and above the requirement that is in effect for requirement
of parking for that site. No vertical stacking of vehicles is permitted.
Each tow vehicle must be stored at the official tower's licensed
site. All official towers located within the Town cannot store vehicles
on the thoroughfares of the Town, whether under the auspices of the
Town, County of Morris or State of New Jersey, without Town approval.
Storage of vehicles on the thoroughfares of other municipalities wherein
Town towers are located is subject to the requirements of those municipalities.
(b)
The location of the storage area shall be either within the
limits of the Town or in those municipalities which are contiguous
to the Town. In those contiguous municipalities, the site and office
must be within two miles from the border of the Town.
(c)
The outside storage area shall be fenced with an acceptable
screened material six feet in height. The fenced area shall be no
less than 3,000 square feet in area. The storage area shall have a
suitable gate and be installed with a locking device or similar on-site
security. The facility is to be lighted at night.
(d)
The inside storage area shall be heated, well lighted and clean.
(e)
The storage areas shall be available 24 hours per day, 365 days
per year, and shall be open to the public on weekdays during normal
business hours. For weekend access, prior arrangements need to be
made between the tower and the customer. The applicant shall prominently
display the hours during which the facility will be open on weekends.
The storage area must have a building on the premises where the official
tower states it is doing business, wherein a permanently installed
telephone is located which must be in the name of the official tower
and listed in at least one telephone book promulgated with telephone
numbers for residential and commercial entities within the Town. The
building shall be within sight distance and/or within 500 feet of
the entrance of the storage area. On the application for a towing
license, the applicant shall list all business hours required pursuant
to the subsection for the calendar year of the license in question,
which shall not be changed within that calendar year.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open. While the official tower
is serving on his rotation week and as the first backup, the official
tower shall be available for vehicle pickup 24 hours a day; at other
times, the tower shall be available for pickup of vehicles between
8:00 a.m. and 5:00 p.m. unless other arrangements are made.
(g)
The official tower shall not charge any additional fee or other
charge for releasing vehicles to their owners after normal business
hours or on weekends or for moving a vehicle from one location to
another in the storage area.
(2)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(3)
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this chapter. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
E.
The tower shall release a vehicle to the owner/occupier of the vehicle
no later than one hour from the vehicle's arrival at the tower's
facility or within one hour of being contacted by the owner/occupier
of the vehicle that he or she wishes to take possession of the vehicle
during normal business hours.
A.
Official towers shall be placed on the list in the order in which
their application is approved and license issued. Once the initial
list has been established, new official towers, when their applications
have been approved, will be added at the end of that list. The tow
list shall consist of at least three towers. This list is at the discretion
of the Chief of Police or his designee.
B.
The Town shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available, or the estimated time of
arrival will exceed 20 minutes, the next official tower on the list
shall be called. If none of the official towers are available or able
to provide services as are requested by the Town, the Town may request
such services from any other available source. All requests shall
be made by the Chief of Police or his designee.
C.
The Town shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or his designee shall request such service from such other
person as the owner of the motor vehicle in need of such services
may request, provided that service is responded to within 20 minutes.
D.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Town over any other requests which may be received by the official
towers.
A.
Fees for the towing and storage of private passenger vehicles damaged
in an accident or recovered after being stolen may not exceed the
fees established by the Department of Insurance, if any. In the event
the fees are enacted and/or revised by the Commissioner of Insurance,
the enacted or revised fees shall be the maximum fees that may be
charged by the official towers, and this chapter shall be amended
annually. All charges are per vehicle unless otherwise indicated.
(1)
The following rates are applicable within the purpose and intent
of this chapter:
(b)
Administrative charge: $35 per vehicle.
(c)
Cleanup and/or labor charge: $40 per hour plus materials, to
be charged in thirty-minute increments with a one-hour minimum.
(d)
Heavy-duty under reach (Categories II and III vehicles only):
$250 per hour, to be charged in thirty-minute increments with a one-hour
minimum.
(e)
Jump starts: $45 per vehicle.
(f)
Lockouts: $45 per vehicle.
(g)
Recovery.
[1]
Category I (above): $150 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[2]
Category II (above): $250 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[3]
Category III (above): $350 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
(j)
Tire changes: $55 per vehicle.
(k)
Vehicle removal: $35 per vehicle.
(l)
Waiting time: $50 per hour, to be charged in thirty-minute increments
with a one-hour minimum.
(m)
Winching cable (to be used only when the vehicle has left the
roadway): $95 per hour, to be charged in thirty-minute increments
with a one-hour minimum.
(n)
Fuel surcharge shall be 10% of the tow.
(o)
Collision wrap/tarping shall be $25.
B.
The towing operator must only charge the rates set forth in this
contract and in conformity with these provisions. No other charges
or fees are permitted.
C.
The towing operator must not exceed those rates regulated by the
New Jersey State Department of Insurance set forth in N.J.A.C. 11:3-38.1
et seq.[1]
[1]
Editor's Note: Subchapter 38, Towing and Storage Fee Schedule,
was repealed by R.1999 d.1, effective January 4, 1999. See: 30 N.J.R.
2813(a), 31 N.J.R. 54(c).
D.
The towing operator must provide a current and complete rate schedule
to all customers and must conspicuously display the rate schedule
at all storage facilities.
E.
The towing operator must tow the motor vehicle from the location
of the police request to the towing operator's storage facilities.
This shall constitute a single tow rate.
F.
The towing operator is expressly prohibited from charging the owner
of the vehicle for towing the vehicle from the original storage facility
to another storage facility affiliated with the towing operator.
G.
The towing operator is prohibited from charging a release fee for
releasing vehicles after normal business hours.
H.
The towing operator must accept Visa and MasterCard credit cards
and major auto club membership cards 24 hours a day, every date of
the year.
I.
The towing operator must not charge the owner any additional fees
for pulling the vehicle onto the flatbed truck. Winching fees are
only permitted to pull the vehicle back onto the roadway and put the
vehicle in proper position to hook the vehicle to the tow truck.
J.
Mileage fees are not permitted. Additionally, no other fees or charges
are permitted except as set forth above. In the event of an extraordinary
circumstance which would invoke undue hardship to the towing operator,
the Town Police Department must be notified at 973-366-0302 to obtain
written approval before the imposition of any assessment. Out-of-town
mileage is $4 per mile one way.
A.
No towing operator shall engage in cruising as defined in this chapter.
B.
No towing operator shall solicit or attempt to divert patrons of
another towing operator, whether or not licensed under this section;
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to any other repair service; nor shall any
police officer designate or suggest any towing operator to perform
service.
A.
The enforcement committee shall be formed upon final passage of this
chapter and shall be appointed by the Mayor, and shall serve at the
pleasure of the Mayor, which shall be known as the "Towing Committee."
The Towing Committee shall enforce the provisions of this chapter,
subject to appeal to the Mayor and Board of Aldermen.
B.
The enforcement agency shall have the authority to hear complaints
against any official tower, whether brought by Town representatives,
the public and/or other official towers.
C.
The enforcement agency shall have the power to issue subpoenas to
compel attendance at the hearing.
D.
In the event that a complaint is received by the Town, through either
the Town Police Department (of a noncriminal nature) or the Town Clerk
or the Committee, involving the improper or unsatisfactory performance
of services by an official tower, excessive charges or damage to a
motor vehicle while in the custody of the tower, the Committee shall
give written notice of said complaint, by certified mail, return receipt
requested, to the official tower against whom the complaint is made.
Said notice will be mailed within 72 hours of the receipt of the complaint,
not counting legal holidays. The official tower shall make a written
response to such complaint within five calendar days from receipt
of the written notice.
E.
The Committee, after hearing the matter, shall make a determination
as to whether or not the complaint was justified. If the complaint
was justified, the Committee shall have the authority to suspend the
official tower's license until the next rotation. Further disposition
of such complaint, by appeal of the Committee's action, shall
be to the Mayor and Board of Aldermen, which shall conduct a hearing
regarding the complaint at the next public Aldermen's meeting or within
14 days of the enforcement agency's findings, whichever is later.
F.
If violations have been issued against an official tower and heard
in Municipal Court or Superior Court, the Committee may take actions
to impose sanctions against an official tower if found guilty by a
court, including revocation of the license.
G.
If, after considering the matter and the findings by the Committee,
the Mayor and Board of Aldermen shall determine that there is good
and sufficient cause for revocation of the official tower's license,
the tower shall surrender said license to the Town Clerk within one
calendar day.
H.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter, subject to all legal action available
to the Town, including permanent removal from the official towers
list.
I.
Action.
(1)
In addition to the foregoing procedures, in the event that the tower
fails to comply with any major terms or conditions of this chapter,
or charges fees in excess of those set forth in this chapter, the
Committee shall have the authority to take the following actions:
(a)
First offense: issue a letter of warning detailing the violation
of the agreement.
(b)
Second offense: suspend the tower's operations under this
chapter for 96 hours and utilize alternate towers during this period.
(c)
Third and subsequent offenses: suspend the tower's operations
under this chapter for 120 hours and use alternate towers during this
period.
(d)
For any offense involving lack of insurance or a public safety
violation, the Board may immediately suspend a towing license until
further hearing.
(2)
For the benefit of both the tower and the Town, it is desirable to
provide remedies short of suspension or cancellation of the tower's
services. Therefore, violations of the following provisions shall
be deemed minor violations: identification of vehicles or employees,
equipment or facilities, personnel, conduct, availability and response
time, and site cleanup. Minor violations shall be handled on an informal,
verbal basis; however, three minor violations of a similar nature
will be treated as a major violation and shall trigger a written letter
of warning and, if necessary, the subsequent sanctions for a major
violation.
J.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
A.
In addition to any suspension or revocation of license, a person
who shall violate any of the provisions of this chapter shall be subject
to a fine of not less than $100 and not to exceed $2,000. Each violation
of any of the provisions of this chapter and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for revocation of the official
tower's license.
