Township of Green, NJ
Sussex County
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Table of Contents
Table of Contents
[1979 Code § 94-1; Ord. No. 24-94]
Whereas P.L. 1991, Chapter 142 requires each New Jersey municipality to put public towing and storage services for motor vehicles up for public bid each year or adopt an ordinance regulating same, the Township Committee hereby chooses the latter in accordance with N.J.S. 40:48-2.49.
[1979 Code § 94-2; Ord. No. 24-94]
As used in this section:
CLERK
Shall mean the Township Clerk of the Township of Green.
LICENSEE
Shall mean a person, individual or corporation, authorized by a license issued under the provisions of this section to provide towing and storage services.
LIST
Shall mean a list of licensed towing and storage businesses used by the Township to respond to accidents, abandoned vehicle complaints, and other such public need.
[1979 Code § 94-3; Ord. No. 24-94]
a. 
Any person or persons operating a business of removing motor vehicles from private or public property within the Township, or storing the vehicles, and desiring to be called by the Township of Green when any official or employee thereof in the course of his duties deems it necessary to obtain such services, shall obtain a license for same from the Township.
b. 
All persons so licensed shall be placed on a list to be consulted by the Township of Green when calling for towing services in accordance with the regulations contained herein.
c. 
No fee shall be charged for a towing/storage license.
[1979 Code § 94-4; Ord. No. 24-94]
a. 
Eligibility. Persons applying for a towing/storage license must be able to respond to the location where their services are needed within one hour from the time the Township requests it. Those who cannot reasonably respond within one hour are not eligible to apply for a license.
b. 
Towing license applications shall be made on forms supplied by the Township of Green and submitted to the Township Clerk upon completion.
c. 
Review. The following shall constitute the basis on which the Township Clerk conducts a review of each application:
1. 
Adequacy of equipment, personnel and facilities.
2. 
Availability (seven days per week, 24 hours per day) and response time.
3. 
Security of vehicles towed and stored.
4. 
Background check, including criminal record, Better Business record, contractor references, DMV record.
5. 
Possession of proper business licenses.
6. 
Two-way radio communications capability.
7. 
Proof of insurance.
8. 
Storage:
(a) 
Capacity.
(b) 
Contractor must assume responsibility for safe storage.
(c) 
Towing distance to facility.
(d) 
Fencing and lighting adequacy.
(e) 
Proof of ownership or lease.
(f) 
Facility must be available 24 hours each day of the year, and open to the public during normal business hours, Monday through Friday and limited hours on weekends.
(g) 
No release fees are to be charged for releasing a vehicle after normal business hours.
d. 
After reviewing each application, the Township Clerk shall make a recommendation to the Township Committee for approval or disapproval.
[1979 Code § 94-5; Ord. No. 24-94]
a. 
The Township Clerk shall notify each applicant in writing of the Governing Body's decision. Successful applicants shall then be issued a license and placed on the list of available towing and storage providers for use by the Township. The license shall not be transferable.
b. 
Duration. Each license issued under the provisions of this section shall remain in effect indefinitely, subject to periodic review by the Township Clerk.
c. 
Termination. Any operator licensed hereunder shall have the license terminated if it is determined that:
1. 
The application therefor is fraudulent.
2. 
The licensee has violated any of the applicable Township regulations.
3. 
The licensee has provided unsatisfactory service.
4. 
The licensee has violated New Jersey Department of Insurance rules.
[1979 Code § 94-6; Ord. No. 24-94]
a. 
Each licensee shall carry insurance provided by a company authorized to do business in New Jersey with the following minimum coverages:
1. 
Automobile liability in an amount not less than $1,000,000 in combined single limits.
2. 
Workers' compensation as required by law.
3. 
Garage keeper's liability in an amount not less than $60,000.
4. 
Garage liability in an amount not less than $1,000,000 in combined single limits.
5. 
Comprehensive general liability.
b. 
The Township of Green shall be listed as an additional insured on each policy.
c. 
Policies shall be endorsed to provide collision coverage for vehicles in tow.
d. 
Each licensee shall agree to indemnify the Township against any and all claims arising from any losses incurred during the provision of towing or storage services authorized by the license.
e. 
No employee of any licensee shall be deemed to represent the Township during the provision of towing or storage services, and the behavior of any employee shall be the responsibility of the respective employer.
[1979 Code § 94-7; Ord. No. 24-94]
The list of approved towing service providers shall be arranged in alphabetical order, by trade name, and it shall be forwarded to the Township dispatch center. The dispatcher on duty shall consult the list whenever a Township official or employee requests towing service in the course of his duties, and when the owner(s) of a vehicle(s) or person(s) having custody thereof decline to choose their own provider. The dispatcher shall select the first name on the list, and shall each time thereafter, proceed to the next name on the list. Once the dispatcher reaches the bottom of the list he shall begin again with the first licensee on the list.
Should any licensee not be available when called, the dispatcher shall proceed, in order, down the list until a licensee can be found who can respond. Any licensee who misses his turn in this fashion will have to wait until his name comes up again in the normal rotation.
[1979 Code § 94-8; Ord. No. 24-94]
a. 
The licensee shall be responsible for compliance with all applicable Federal and State regulations governing employee wages and hours, terms of employment and nondiscrimination.
b. 
At the scene of any accident to which a licensee has been called, the licensee shall be responsible for the cleaning or removal of any debris or leaking vehicular fluids such as brake, transmission or hydraulic fluid, motor oil, or gasoline.
c. 
The licensee shall post in a prominent place at his place of business his fee schedule for towing and storage services.
d. 
The Township shall not be liable for any services provided by the licensee except for those involving municipal vehicles.
e. 
No licensee shall pile vehicles in storage at his facility, nor shall be park any such vehicles on public streets or sidewalks.
f. 
Each licensee shall maintain adequate records of all vehicles towed or stored under the provisions of this section, including fees charged and collected.
[1979 Code § 94-9; Ord. No. 24-94]
All complaints by vehicle owners relative to services provided under this section shall be directed to the Township Clerk for investigation and resolution. Should the complainant or the licensee be dissatisfied with the Township Clerk's response, they may appeal to the Governing Body whose decision shall be final.
[1979 Code § 94-10; Ord. No. 24-94]
Vehicles involved in suspected crimes will be impounded at a location to be specified by the State Police, on a case-by-case basis.
Any vehicle impounded on Township owned property shall be subject to a fee which shall be the same as the maximum allowed a private towing and storage business by the New Jersey Department of Insurance.
[1979 Code § 94-11; Ord. No. 24-94]
Any towing and storage contractor licensed under the provisions of this section shall charge for such services a fee or fees not exceeding those permitted by the New Jersey Department of Insurance.
[1979 Code § 94-12; Ord. No. 24-94; New]
Any licensee found guilty of a violation of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1979 Code § 59-1; Ord. No. OR-20-80]
It shall not be lawful for any person, partnership or corporation to directly or indirectly sell, merchandise or offer for sale and deliver or cause to be delivered in the course of retail trade any milk, food or foodstuffs within the Township without first having obtained a license so to do, the license to be obtained from the Township Clerk as provided.
[1979 Code § 59-2; Ord. No. OR-20-80]
Persons, partnerships and corporations maintaining a bona fide store or office within the Township actually engaged in retail trade are expressly excluded from the terms hereof.
[1979 Code § 59-3; § 127-1; Ord. No. OR-20-80; Ord. No. 8-87]
The fee for such license shall be according to the fee schedule below. Every license shall remain in force and be valid for the time herein expressed and shall apply only to the applicant and shall not be transferable.
a. 
Annual food license for itinerant food establishments, $30.
[1979 Code § 59-4; Ord. No. OR-20-80]
Licenses shall be for the calendar year when issued and shall expire on the last day of each year unless sooner revoked for cause. The fees herein provided shall apply to the calendar year when issued or to such part of the same as shall then remain, no deduction being made by reason that any part of the calendar year has elapsed before application and issuance of the license.
[1979 Code § 59-5; Ord. No. OR-20-80; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1979 Code § 83-1; Ord. No. 7-87]
A Code regulating retail food handling establishments providing for the inspection of such establishments, and fixing penalties for violations is hereby adopted. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[1979 Code § 83-2; Ord. No. 7-87]
The Code established and adopted by this section is described and commonly known as the "New Jersey State Sanitary Code, Chapter 12, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines - 1983."
[1979 Code § 83-3; Ord. No. 7-87]
Three copies of the "Retail Food Establishment Code of New Jersey — 1983" have been placed on file in the office of the Municipal Clerk upon the introduction of this section and will remain on file for the use and examination of the public.
[1979 Code §§ 83-4; 127-1; Ord. No. 7-87; Ord. No. 8-87; Ord. No. 4-95; Ord. No. 2010-17]
a. 
No person shall operate a retail food handling establishment unless a permit shall have been issued by the Township Committee. Such permit shall be posted in a conspicuous place in such establishment and shall be subject to inspection and approval by the County Health Department.
b. 
The fee for a retail food handling establishment permit shall be paid in accordance with Chapter 8 — Fees.
c. 
Permits issued under the provisions of this chapter shall expire annually on December 31 of each year and application for renewal thereof shall be submitted, together with the required fee, prior to December 1 of each year.
d. 
A person conducting an itinerant retail food handling establishment shall secure a permit, or if such person is the holder of a certificate, permit, or license issued by a Board of Health of another jurisdiction, such certificate, permit, or license may be approved by the Township of Green Township Committee and there shall be a fee charged as follows:
1. 
The fee for an itinerant retail food handling establishment shall be paid in accordance with Chapter 8-Fees.
e. 
A permit or approval of certificate, permit or license, may be suspended or revoked for violation by the holder of any provisions of this section or the Code hereby adopted, after an opportunity for hearing by the Township Committee or its authorized representatives.
f. 
A permit or approval of a certificate, permit, or license issued by another Board of Health is not transferable.
[1979 Code § 83-5; Ord. No. 7-87]
A permit issued under the terms and provisions of this section shall not be revoked, cancelled or suspended until a hearing thereon shall have been held by the Township Committee. Written notice of the time and place of such a hearing shall be served upon the permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling, or suspending such permit. Notice may be personal delivery thereof to the person to be notified, or deposited in the United States Post Office in a sealed envelope postage prepaid addressed to such person to be notified at the business address appearing upon the permit at least five days prior to the date set for the hearing. At the hearing before the Township Committee, the person aggrieved shall have an opportunity to answer and thereafter be heard, and upon due consideration and deliberation by the Green Township Committee, the complaint may be dismissed, or if the Committee concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the permit held by the permittee.
[1979 Code § 83-6; Ord. No. 7-87; New]
Any person who violates any provision of, or order promulgated under this section, or the Code established herein shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.