For the purpose of this part, the following words and phrases
shall have the meanings indicated herein below. When not inconsistent
with the context, words used in the present tense shall include the
future; words used in the singular shall include the plural; and words
used in the plural shall include the singular. The word "shall" is
always mandatory and not merely directory.
BOROUGH
The Borough of New Britain.
BOROUGH MANAGER
The Borough Manager of the Borough of New Britain or her
designee.
DISABLED OR WRECKED OR ABANDONED OR IMPOUNDED VEHICLE
An automobile, truck, truck tractor, trailer, motorcycle,
motor home, or other vehicle or device in, upon or by which any person
or property is or may be transported or drawn upon a highway, road
or street which is no longer capable of safe operation on said highway,
road or street and therefore presents a safety hazard to the public
by virtue of its location on or adjacent to a public highway, road
or street in the Borough of New Britain.
FLATBED WRECKER
A flatbed vehicle equipped with a roll body and which is
designed for and capable of lifting and transporting passenger and
commercial vehicles.
HEAVY DUTY WRECKER
A vehicle with a minimum twenty-five-ton capacity designed
for and capable of lifting and transporting passenger and commercial
vehicles.
LEASED
Vehicles must be leased for a fixed period of greater than
three years and for a fixed flat rate. Lessor must be a business,
company, entity or corporation whose usual and customary business
is that of leasing motor vehicles.
PERSON
Any individual person, firm, partnership, association, corporation,
company or organization of any kind.
TOWER
A person engaged in the business or offering the services
of a vehicle wrecker, tow truck, car carrier or other vehicle, whereby
disabled or wrecked or abandoned vehicles are towed or otherwise removed
from the place where they are disabled or wrecked or abandoned by
use of a vehicle so adapted to that purpose.
No person shall offer his services to or be called by the Borough
or its Police Department as a tower for the purpose of removal of
disabled or wrecked or abandoned vehicles unless that person is the
holder of a current towing license as hereinafter provided.
A towing license shall be issued to applicants who satisfy the
following criteria:
A. The following vehicles shall be owned or leased by the applicant
exclusively, garaged on the applicant's premises, and be ready and
available for call:
(2) Two light duty wreckers, or one light duty wrecker and one wheel
lift wrecker.
B. All of the aforesaid required vehicles shall be in a safe and usable
operating condition and bear a sign indicating the name and telephone
number of the applicant's towing business, and the applicant shall
make said vehicles available for verification by the Borough.
C. A fenced-in storage yard or other secure facility, open or closed,
containing not less than 10,000 square feet, shall be located on the
premises from which the applicant's towing business is conducted,
and such yard or storage area shall be authorized by the appropriate
zoning, use and occupancy, and other municipal permits. The applicant
shall permit inspection of the storage yard or facility by the Borough
or Regional Police Department. The applicant shall install screening
and comply with all the provisions of state and federal highway beautification
acts.
D. All applicants shall maintain the following insurance and provide
proof thereof upon request by the Borough or Regional Police Department:
(1) General public liability insurance in the minimum amount of $1,000,000.
(2) Garage keepers' legal liability insurance in the minimum amount of
$100,000.
(3) The Borough and Regional Police Department shall be named an additional
insured.
E. In order to provide for immediate and effective service, applicants
must maintain a place of business within 15 square miles of the Borough.
F. All of the vehicles in operation for towing in the Borough must maintain
a two-way communication system such as two-way radios or cellphones.
A towing license is issued on condition of and with the express
agreement of the licensee that the licensee shall, at all times, act
as an independent contractor to and not as an employee of the Borough
or its Police Department, and that payment for services rendered pursuant
to said license shall be by the owner, operator or custodian of the
disabled, wrecked or abandoned vehicle.