[HISTORY: Adopted by the City Council of the City of Orange 6-19-79 by Ord. No. 6-79. Amendments noted where applicable.]
For the purposes of this chapter, the following words shall have the meanings indicated:
WRECKER
A public vehicle employed for the purpose of towing, transporting and/or conveying or removing any and all kinds of vehicles which are unable to be and/or are actually not operated under their own power for which a service, a charge or fee is exacted.
A. 
Wreckers and tow trucks. No person shall hire out, keep or use for hire or pay, or cause to be kept or used for hire or pay, any wrecker or tow truck whose base of operation, principal place of business or office is located in the City of Orange and/or is under contract to the City of Orange, unless the wrecker or tow truck thereof is licensed pursuant to this chapter.
B. 
Wreckers; nonapplicability. Nothing in this section shall apply to persons who pick up disabled cars outside or inside the City of Orange who do not fall within the classification as set out in Subsection A above and who are in the course of taking the vehicle to a garage within or outside of the city.
A. 
Every applicant for license under this chapter shall complete, sign and verify a written application, in duplicate, on forms furnished by the Finance Department.
B. 
The application shall state:
(1) 
Name and address of the applicant.
(2) 
Residence address and full local address, if any, of the applicant.
(3) 
Serial number and registration of each vehicle to be operated by the applicant.
(4) 
Location of storage area for wreckers and cars and the amount of available space for storage of towed cars.
(5) 
Name and address of insurer, policy numbers of garage keepers' liability and garage liability policies.
A. 
The applicant shall file the completed application forms in duplicate with the Finance Department.
B. 
The Chief of Police shall be charged with the investigation of prospective licensees and shall recommend the issuance of a license when he finds that the application submitted by the applicant complies with the requirements of this chapter and all other applicable ordinances of the City of Orange.
A. 
The Finance Department shall promptly notify the applicant of the approval of his application by the Chief of Police and shall issue the license.
B. 
The license shall contain the following:
(1) 
Name and address of the licensee.
(2) 
Number of the license and amount of fee paid.
(3) 
Date of issuance of the license and the expiration date.
(4) 
Signature of the Mayor and Seal of the City of Orange.
C. 
All licenses shall expire on December 31 of the year issued unless an earlier expiration date is indicated on the license.
D. 
The Finance Department shall send a copy of the license to the Police Department for filing and shall keep a permanent record of all licenses issued.
E. 
The fee for the license issued under this chapter will be as provided in Chapter 88, Fees, for the first wrecker operated by the applicant and the additional charge provided therein for each additional wrecker. No portion of this fee shall be prorated for any part of the year.
[Amended 5-18-1982 by Ord. No. 16-82]
A. 
Fee cards indicating the maximum rates for towing and storage of a vehicle within the City of Orange shall be kept in the possession of the drivers of all wreckers and will be presented to the driver or owner of any vehicle to be towed.
No license shall be issued to an applicant until he shall have deposited with the Finance Department the following:
A. 
A garage keeper's liability policy covering fire, theft and explosion in the minimum amount of fifty thousand dollars ($50,000.) and collision coverage subject to a maximum deductible of one hundred dollars ($100.) with each accident deemed a separate claim.
B. 
A garage liability policy covering the operation of the applicant's business, equipment and vehicles, for any bodily injury or property damage in the minimum amounts of two hundred thousand dollars ($200,000.) for any one (1) person killed or injured and five hundred thousand dollars ($500,000.) for more than one (1) person killed or injured in any one (1) accident. This policy shall also provide for coverage in the minimum amount of ten thousand dollars ($10,000.) for all damage arising out of injury to or destruction of property.
C. 
Each policy required herein must contain an endorsement providing for ten (10) days' notice to the City of Orange in the event of any material change or cancellation.
The applicant shall have available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled, and the disabled vehicles will not be stored or allowed to remain on public property or any street or property in the city which is not zoned for such storage.
A. 
The City Council hereby designates the Police Department generally, and the Chief of Police in particular, as its agent to supervise the enforcement of the terms and provisions of this chapter and the rules and regulations adopted hereunder.
B. 
No individual owner or operator of a wrecker shall respond to the scene of an auto accident except upon notification by the officer in charge of police headquarters or upon request of driver or owner of the vehicle involved.
No wrecker shall possess or exhibit flashing lights except as provided under Title 39 of the Revised Statutes of the State of New Jersey.[1]
[1]
Editor's Note: In particular, see N.J.S.A. 39:3-54.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Director of the Police Department after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for the license.
(2) 
Any violation of this chapter.
B. 
Notice of the hearing for revocation of a license shall be given to the licensee, in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed by registered or certified mail, return receipt requested, addressed to the licensee at his last known address, at least five (5) days prior to the date set for hearing.
A. 
Any person aggrieved by the action of the Chief of Police or the Finance Department in the denial of a license as provided in this chapter shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council within fourteen (14) days after notice of the action complained of, mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.
B. 
The City Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in this chapter for the notice of hearing on revocation.
C. 
The decision and order of the City Council on such appeal shall be final and conclusive.
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be liable to a fine of not more than five hundred dollars ($500.) or imprisonment for a term of not more than ninety (90) days, or both, in the discretion of the Judge. Upon the second or subsequent conviction under the provisions of this chapter, a person shall be subject to the above penalty and/or revocation of the license granted under this chapter, in the discretion of the Judge.