[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:
Shall mean the Township Clerk of the Township of Green.
Shall mean a person, individual or corporation, authorized
by a license issued under the provisions of this section to provide
towing and storage services.
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:
[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]
[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]
[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.
