[HISTORY: Adopted by the Mayor and Council
of the Borough of South River 5-28-1980 by Ord. No. 1980-20 (Ch. 202 of the 1977
Code). Amendments noted where applicable.]
This chapter shall be known as and may be called
the "Borough of South River Wrecker Ordinance."
[Amended 12-23-2008 by Ord. No. 2008-37]
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
A list of licensed towing businesses, maintained by the Police
Department and used for the purpose of calling the appropriate towing
service for vehicles deemed to be abandoned by the Police Department.
Refers to any material such as sand or "speedy dry" used
to collect liquids such as radiator fluid, gasoline, or diesel fuel
spills.
Refers to a one-time fee that is assessed to the vehicle
owner to handle the costs of a vehicle while in storage. This fee
shall be used to cover the administrative costs associated with placing
and keeping the vehicle in storage.
Refers to the Borough of South River.
Refers to the removal and/or disposal of any debris left
on the roadway or property as a result of a motor vehicle accident
or vehicle recovery.
Refers to a vehicle used to tow or remove other vehicles
via an hydraulic beam or winch beam, capable of handling passenger
cars and small trucks, and which has a gross weight of not less than
10,000 pounds.
The driving of a wrecker to and fro along any Borough street
for the purpose of soliciting business in the Borough.
Refers to the storage of a towed vehicle upon an order of
the Police Department at the tow truck operator's storage area after
a twenty-four-hour grace period from the time of the arrival of said
vehicle at the storage facility.
A vehicle used to tow or lift and carry other vehicles via
tilt-body flatbed or wheel lift, capable of handling passenger cars
and small trucks, such as a pickup or small-panel trucks.
A wrecker commercially manufactured with a chassis, hydraulic
in nature, with a capacity of not less than 26,001 pounds' gross vehicle
weight with under-reach capabilities, and axle lift with minimum 25,000
pounds' lift capability and 80,000 pounds' tow capability.
Refers to the act of storing and confining a vehicle upon
an order of the Police Department at either the tow truck operator's
storage area or at a Borough facility as the result of abandonment,
involvement in an accident, or suspected criminal activity.
Owned, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
corporation or other organization, and the singular or plural, masculine,
feminine or neuter thereof, unless the contrary is clearly expressed.
Refers to the South River Police Department.
Refers to motor vehicles that are stolen, abandoned, involved
in a crime, unregistered, uninsured, unsafe, obstructing the safe
and proper flow of traffic, involved in a fatal accident or accidents
which, in the judgment of the police may become fatal, or vehicles
that are being operated by unlicensed drivers or whose license to
operate a motor vehicle has been revoked or suspended.
A Borough-licensed wrecker operator who responds to the scene
of a police tow.
Refers to a list of licensed tow truck operators maintained
by the South River Police Department which contains the names and
addresses of all licensed tow truck operators who will be called on
a rotating basis when the Police Department determines that the assistance
of such services are required within the Borough.
Refers to the additional time a tow truck operator spends
at the scene other than the time required for the actual tow and/or
recovery of the vehicle. Examples of waiting time include, but are
not limited to, time spent waiting while EMS, fire, and Hazmat perform
all necessary services and/or the police investigate the incident
scene.
A Borough-licensed tow operator called to the scene by the
primary wrecker operator to assist.
Refers to a person who is engaged in the business of towing
and storing motor vehicles or offering the services of a tow vehicle
and storage.
A vehicle, such as a flatbed wrecker or conventional wrecker,
that is equipped with a boom, winches, slings, tilt beds, wheel lifts
or under-reach equipment designed by its manufacturer for the removal
and transport of private passenger automobiles and small trucks.
Refers to the movement of a motor vehicle by the use of a
cable and a winch from a position that is accessible for direct hook
up by conventional means or loading onto a tow vehicle. Pulling a
motor vehicle onto a tilt bed or carrier, or lifting a motor vehicle
with a conventional tow sling, does not constitute winching.
Refers to a license issued that allows a tow truck operator
to engage in the activity of towing and storing motor vehicles at
the direction of the Borough of South River. This license entitles
the tow truck operator to be placed on the Police Department's rotating
wrecker list.
All licenses issued under this chapter shall
be issued to expire and shall expire on the 31st day of December next
succeeding the date of insurance, unless sooner suspended or revoked
by the Borough Council as hereinafter provided.
[Amended 2-25-1982 by Ord. No. 1982-4]
The fee for a license for a wrecker and the fee for any such license issued on or after August 1 of any year shall be as provided in Chapter 155, Fees. All fees shall be payable to the Clerk of the Borough.
[Amended 12-23-2008 by Ord. No. 2008-37; 8-24-2020 by Ord. No. 2020-19]
A.
Applications for licenses issued hereunder shall be made upon blank
forms prepared and made available by the Chief of Police and shall
state under oath:
(1)
The name and address of the applicant, if an individual; the name
and address of each partner, if a partnership; the name, date and
state under which organized, if a corporation, and if a foreign corporation,
whether the same is authorized to do business in the State of New
Jersey. A corporate applicant shall indicate the names of directors,
principal officers and local representatives and their business addresses.
(2)
A description of each tow vehicle to be utilized by the tow truck
operator in conducting his/her business, which shall include the year,
make, model, type, vehicle identification number, proof of registration
and proof of insurance for each vehicle.
(3)
The length of time for which the wrecker has been in use as a wrecker.
(4)
That the applicant has 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 that the disabled
vehicles will not be stored or allowed to remain on public property
or Borough streets or on property which is not zoned for such storage.
(5)
A list of all personnel who are authorized by the applicant to provide
services on behalf of the applicant.
(6)
Such other information which the Chief of Police shall deem necessary
or proper to effectuate the purpose of this chapter and to determine
whether there has been compliance with the terms hereof.
B.
The applicant and all personnel authorized by the applicant to provide
services on behalf of the applicant shall obtain a criminal background
check at a private agency approved by the Borough and shall submit
the same. The results of the criminal background check shall be forwarded
by the approved agency directly to the Borough Clerk. The cost of
the criminal background check shall be borne by the applicant.
(1)
For the duration of the license, the owner has a continuing duty
to provide the Borough with criminal background checks and driver's
abstracts for any personnel authorized by the applicant to provide
services on behalf of the applicant engaged or hired after the issuance
of this license.
[Amended 8-24-2020 by Ord. No. 2020-19]
Upon receipt of the criminal background check, the Borough Clerk
shall forward the complete application, including the background investigation,
to be reviewed by the Chief of Police. Within seven days after receipt
of an application herein provided, the Chief of Police shall cause
an investigation to be made of the applicant and of his proposed business
operation to be licensed. The Chief of Police may delegate the inspection
of the wrecker to an independent person, who may or who may not be
engaged in business in the Borough, who shall be qualified by experience
and training to make such inspection and who shall report to the Chief
of Police whether the wrecker is in a thoroughly safe and sanitary
condition. Within 14 days after completion of the inspection and investigation,
the Chief of Police shall either approve or deny the application.
[Amended 8-24-2020 by Ord. No. 2020-19]
A.
The Chief of Police shall approve the issuance of a license upon
making the following findings:
(1)
That the public convenience and necessity will be served by the use
of the wrecker for which application has been made.
(2)
That the wrecker to be licensed is in a thoroughly safe and sanitary
condition.
(3)
That the requirements of this chapter and all other governing laws,
statutes and ordinances have been met.
(4)
That the wrecker has been properly licensed and inspected by the
State of New Jersey and has the necessary stickers affixed. No wrecker
shall be licensed as a wrecker which is using dealer license plates.
(5)
That the insurance policies or certificates as required herein have
been procured and supplied.
B.
The Chief of Police shall also have the authority to deny wrecker
license applications for any of the following reasons:
(1)
Incomplete, inaccurate or falsified application.
(2)
Unsafe or inadequate towing vehicles and/or equipment.
(3)
Noncompliance with any provision of the Borough's Wrecker Ordinance.
(4)
The business location is not in a zone where the use is permitted
(South River locations only).
(5)
The owner pleaded guilty or was convicted of a zoning or property
maintenance violation in the Borough of South River during the 12
months preceding the application date.
(6)
Criminal background investigations that reveal the following on the
part of the applicant or the applicant's employees:
(a)
A conviction for aggravated assault, arson, burglary, escape,
extortion, homicide, kidnapping, robbery, aggravated sexual assault,
sexual assault or endangering the welfare of a child pursuant to N.J.S.A.
2C:24-4, whether or not armed with or having in his possession any
weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant
to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A.
2C:39-9, or other than a disorderly persons or petty disorderly persons
offense for the unlawful use, possession or sale of a controlled dangerous
substance as defined in N.J.S.A. 2C:35-2; or
(b)
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in Subsection A(6)(a); or
(c)
A criminal conviction for any offense involving theft, fraud,
embezzlement, receiving or trafficking in stolen property, or any
other offense of a similar nature within the last seven years.
(7)
Inadequate or insecure storage facilities.
Upon approval of the Chief of Police, upon receipt
of payment from the applicant of the proper license fee for each wrecker
license and upon receipt of insurance policies approved by the Borough
Attorney, the Clerk of the Borough shall issue a license dated in
accordance with the expiration date stated herein.
The Chief of Police shall issue to the person
owning a licensed wrecker a card not less than four inches in width
nor more than six inches in length in such form as may be set by the
Chief of Police, which shall be at all times prominently displayed
on the right front windshield of each wrecker, and which shall bear
the name and business address of the owner, official license number
of the wrecker, the rate of fares and conditions of employment under
which such wrecker is operating and a notice that, in case of any
complaint, the Chief of Police be notified. Such card shall have attached
thereto the signature of the Chief of Police and the date of inspection
of the wrecker, together with blank spaces upon which entry shall
be made of the date of every inspection of the wrecker by the inspector.
A.
No wrecker shall be licensed hereunder, nor shall
any licensed wrecker be operated within the Borough unless there shall
be deposited with the Borough Clerk the following insurance policies
or certificates of insurance:
(1)
Auto garage keeper's policy. Auto garage keeper's
legal liability policy covering fire, theft and explosion in the minimum
amount of $10,000 and collision coverage subject to $500 deductible,
with each accident deemed a separate claim.
[Amended 7-19-1995 by Ord. No. 1995-22]
(2)
Auto garage legal liability policy. Auto garage legal
liability policy covering the operation of the licensee's equipment
or wrecker or any bodily injury or property damage. This policy will
be in the amount of $100,000 per person and $300,000 per accident.
B.
Each policy herein must contain an endorsement providing
10 days' notice to the Borough in the event of any material change
therein or intention to cancel said policy for any cause. In the event
that any policy is changed so as to fail to conform to any of the
above requirements or if any policy of insurance is to be canceled
for any reason, the Chief of Police shall notify the person responsible
for the policy, and it shall be corrected or reinstated or replaced
with a conforming policy within 10 days after the notice is received
by the Borough, but before the date of cancellation. If the policy
or certificate is not corrected, reinstated or replaced within 10
days prior to the date of cancellation, the Chief of Police shall
immediately suspend the wrecker license and shall pick up from the
owner all indications of licensing, including any stickers, cards
or other means of identification.
[Amended 11-13-1986 by Ord. No. 1986-26; 1-29-2001 by Ord. No. 2001-2; 2-12-2001 by Ord. No. 2001-7; 10-21-2002 by Ord. No.
2002-34; 6-9-2004 by Ord. No. 2004-23]
Charges for the transportation, hauling or services
of disabled vehicles by any licensed wrecker or operation of any licensed
wrecker shall not exceed the following rates:
A.
For conveying a disabled vehicle from any point in the Borough, when towed, transported and/or conveyed or removed anytime of the day or night: see Chapter 155, Fees.
B.
For conveying a disabled vehicle from any point in
the Borough to any other point outside the Borough which is greater
in mileage than transporting said vehicle to the business address
location of the wrecker company, the rate is to be determined by mutual
agreement.
D.
In the event a motor vehicle is in a ditch or otherwise
so disposed as to require services to be performed which are in addition
to and apart from the simple act of towing, the licensee shall be
authorized to impose a reasonable charge in addition to that set forth
above.
E.
There shall be a charge as provided in Chapter 155, Fees, required to cleanup the scene from which the tow was initiated. Said scene cleanup shall include, but not be limited to, cleanup of glass, accident debris and absorption of petroleum or other vehicle fluids in such a way to allow the scene to be safe for operators of motor vehicles.
F.
In the event that a dispatched wrecker arrives on the scene and is required to standby or wait prior to beginning the removal of a vehicle, there shall be a charge as provided in Chapter 155, Fees, as standby time. There shall be no charge for standby time for the first 59 minutes the wrecker operator is at the scene and is unable to begin its duties. Any part of an hour after the elapse of the first 59 minutes shall be counted as one full hour, and the full hourly rate for standby time shall be charged.
[Amended 12-23-2008 by Ord. No. 2008-37]
No person shall drive a wrecker who is under
the age of 18 years and who has not in his possession a license duly
issued to him to operate a motor vehicle in the State of New Jersey.
A wrecker license hereunder shall be issued
subject to the following conditions:
A.
The licensee shall prominently display the license
issued by the Chief of Police in the right front windshield of the
wrecker.
B.
No licensee or his agents or servants shall solicit, demand or receive from any persons any pay, commission or emolument whatever, except the proper fee authorized for transporting the disabled vehicle in accordance with the schedule of service rates listed in § 344-11.
C.
Licensees, their agents and servants shall keep and
maintain towing equipment which is adequate to perform such towing
in a reasonably workmanlike manner.
D.
Each and every licensee hereunder shall record in
a book kept solely for such purpose the details of each disabled vehicle
towed, serviced or transported by him or his agents or servants or
employees, together with full information concerning the details surrounding
the hire, the name of the owner of the towed vehicle and of the patron
engaging him; which book shall be kept open for inspection at all
times to a duly authorized representative of the Police Department
of the Borough or a duly authorized representative of the Borough
Council.
A.
A licensee performing towing service for the Borough
or called by a police officer shall perform on a rotating basis. When
the owner or driver of a disabled vehicle indicates a choice of a
specific licensee, that licensee shall be called, and no wrecker shall
be assigned from the rotating list. No licensee shall respond to the
scene of an accident except upon notification by the police officer
in charge in police headquarters or upon request of the driver or
owner of a disabled vehicle.
B.
Such additional rules and regulations regarding the
rotation of wreckers as may be hereafter promulgated by the Borough
Council shall take effect immediately after service of a copy thereof
on holders of all licenses for wreckers in the Borough. Service upon
a licensee may be made by sending by ordinary mail a copy of the additional
rules and regulations to said licensee's business address.
C.
If it becomes apparent that a Borough-licensed tow
truck operator cannot handle a job due to exigent circumstances, or
if a separate law enforcement authority directs, the officer in charge
may, at his/her own discretion, forego the rotating wrecker list and
summon a towing service with proper equipment. If fees for this service
cannot be negotiated at the scene, the towing service may be directed
by the police to perform the required services with reasonable fees
to be paid by the owner.
[Added 12-23-2008 by Ord. No. 2008-37]
D.
The Chief of Police or designee may institute additional
reasonable rules, regulations, requirements or standards if deemed
necessary under emergency or exigent circumstances and in such circumstances
may suspend rotation.
[Added 12-23-2008 by Ord. No. 2008-37]
Except as to the prohibition against cruising,
the provisions of this chapter are applicable to the engaging of wreckers
by the Police Department of the Borough of South River either on its
own initiative or at the request of owners, drivers or lessees of
vehicles requiring the services of wreckers.
Nothing in this chapter shall prevent the owner,
lessee, agent or driver of a vehicle which is disabled from calling
a wrecker of his choice to remove his vehicle.
The Police Department shall have the power to
require wreckers to remove vehicles where:
A.
There is obstruction of a public right-of-way or private
property.
B.
A vehicle has been vandalized or presents a fire or
safety hazard or an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
An abandoned vehicle is not licensed or operable.
E.
A vehicle is violating any emergency no-parking provisions
as set forth in the Borough Code.
F.
Any other condition where permitted or required by
law.
[Amended 12-23-2008 by Ord. No. 2008-37; 8-24-2020 by Ord. No. 2020-19]
It is hereby determined under the lawful exercise of the police
power of the Borough that public convenience and necessity require
that the number of wrecker companies that are licensed to operate
within the Borough shall be limited to six because of the limited
area of the Borough.
A.
All Borough-licensed wreckers shall be equipped with a minimum of
the following equipment that is in good repair:
(1)
A reflective safety vest that shall be worn by the tow truck operator
while working on any street, roadway, or public right-of-way.
(2)
One large street broom and shovel.
(3)
A 3/8-inch safety chain.
(4)
Safety flares for night work.
(5)
A minimum of 20 pounds of absorbent material such as sand or speedy
dry which is suitable to collect liquids such as fluid, oil, gasoline
or diesel fuel spills.
(6)
Fire extinguisher (five-pound carbon dioxide or dry chemical).
(7)
Jumper cables.
(8)
Pry bar or similar tool.
(9)
Hammer.
(10)
Tire changing equipment.
(11)
One steering lock bar (conventional wreckers only).
(12)
Conventional wreckers shall also be equipped with a wheel lift.
(13)
At least one four-ton snatch block.
(14)
Portable lighting equipment (heavy wreckers only).
(15)
An amber light permit.
(16)
Emergency warning lights that shall be of sufficient candlepower
and intensity to be visible from 1/4 mile away.
(17)
Emergency warning lights must be at sufficient height to be
seen over the towed vehicle.
B.
No towing company on the Borough's rotating wrecker list shall
operate a flatbed or conventional wrecker that is in an unsafe condition
as determined by the Chief of Police or his designee for Borough-sanctioned
towing services.
C.
All current Borough-licensed wrecker companies shall have until January
1, 2010, to comply with the requirements of this section. Any and
all new Borough-licensed wrecker companies shall be in compliance
with the requirements of this section prior to the issuance of their
approved Borough wrecker license.
[Added 12-23-2008 by Ord. No. 2008-37]
The Chief of Police is hereby authorized to
establish reasonable rules and regulations for the inspection of the
fitness and safety of all Borough-licensed wreckers (before and after
licensing) and their associated equipment. The Chief of Police and
his/her designee shall have the right at any time to inspect any wrecker
for compliance with the safety requirements of this chapter, the regulations
established under this chapter and the laws of the state or the United
States. If, as a result of this inspection, it is determined that
the wrecker is not in compliance with any law or regulation, the owner
of said wrecker shall be given a period of five business days to correct
such violation or noncompliance, during which time the wrecker shall
not be dispatched from the rotating wrecker list. If the violation
or noncompliance is not corrected within said five-day period, the
permit for that wrecker shall be suspended.
[Added 12-23-2008 by Ord. No. 2008-37; 8-24-2020 by Ord. No. 2020-19]
Light- and medium-duty tow operators shall not be required to
maintain a principal place of operation within the Borough but shall
maintain a principal place of operation within 10 miles of the Borough's
boundaries. A heavy-duty tow operator shall maintain a principal place
or operation within 15 miles of the Borough's boundaries. All
tow operators shall comply fully with all of the zoning, land use
and property maintenance codes of the municipality in which the tow
operator's business is located.
B.
Information displayed on vehicle. All licensed Borough wreckers shall
be required to display their company name, vehicle number and rates
charged on a clearly visible location on their tow vehicle.
C.
Availability of services.
(1)
All Borough-licensed tow trucks shall provide twenty-four-hour-per-day,
seven-day-per-week towing services.
(2)
All releases of vehicles and personal property from vehicles shall
be conducted during the tow truck operator's normal business
hours, exclusive of all exigent circumstances that may be required
with the authority and consent of the Police Department.
D.
Method of payment for services rendered. All Borough-licensed wreckers
must accept all forms of payment from the customers that they serve,
including but not limited to cash, checks, and credit cards.
E.
Response times.
(1)
Any Borough-licensed towing company contacted by the Police Department
must confirm that it is responding within five minutes of the initial
call for service or it will forfeit its turn on the Borough's
rotating wrecker list.
(2)
Response time to the scene of a tow must be within 30 minutes of
the time of the confirmation of assignment through the Police Department
communications desk or the towing company shall forfeit its turn on
the Borough's rotating wrecker list.
F.
Registered towing personnel.
(1)
The operator of the tow truck company must register all personnel
who are authorized to provide services on behalf of the tow truck
company. This registration shall include the following information
for each person:
(2)
Prior to inclusion on the on-call list, all towing personnel required
to register above shall obtain a criminal background check at a private
agency approved by the Borough and shall submit the same. The results
of the criminal background check shall be forwarded by the approved
agency directly to the Borough Clerk. The cost of the criminal background
check shall be borne by the applicant. The results of said background
check will be used by the Borough in determining eligibility of the
towing and storage contractor for inclusion on the on-call list.
(3)
Upon receipt of the criminal background check, the Borough Clerk
shall forward the complete application, including the background investigation,
to be reviewed by the Chief of Police, who shall cause such investigation
of the criminal background to be made as they deem necessary for the
protection of the public good. If the registration is denied, the
reasons for said denial must be indicated in writing by the Chief
or his designee. The registration may be denied if the applicant's
background reveals the following:
(a)
A conviction for aggravated assault, arson, burglary, escape,
extortion, homicide, kidnapping, robbery, aggravated sexual assault,
sexual assault or endangering the welfare of a child pursuant to N.J.S.A.
2C:24-4, whether or not armed with or having in his possession any
weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant
to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A.
2C:39-9, or other than a disorderly persons or petty disorderly persons
offense for the unlawful use, possession or sale of a controlled dangerous
substance as defined in N.J.S.A. 2C:35-2; or
(b)
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection F(3)(a); or
(c)
A criminal conviction for any offense involving theft, fraud,
embezzlement, receiving or trafficking in stolen property, or any
other offense of a similar nature within the last seven years.
(4)
The tow operator must update the registration as necessary to ensure
that it remains current.
G.
Cleanup of debris. The tow operator shall be responsible for the
cleanup of vehicle debris, including glass, plastic, fuel, oil, chemicals
and hazardous waste materials, in accordance with state law.
H.
Unavailable for service. Should the tow truck operator not be available
for service when called upon by the South River Police Department,
the next wrecker on the towing list shall be contacted. A tow operator
may only subcontract towing services to a licensed wrecker service
for the Borough of South River.
I.
Compliance with the requests of the Police Department.
(1)
All tow truck operators shall comply with the requests of the police
officer in charge.
(2)
No tow truck operator shall respond to the scene of an accident or
any scene requiring a police tow except upon notification by police
headquarters.
(3)
No tow truck operator waiting to conduct a tow shall obstruct the
safe and proper flow of traffic on any roadway or right-of-way without
the consent of the police officer(s) on scene.
J.
Failure to meet minimum performance standards. Failure to comply with these aforementioned performance standards may result in the suspension or removal of a tow truck operator from the Borough's rotating wrecker list as outlined in § 344-23.
K.
Itemized payment receipts. Each tow truck operator shall be required
to issue to the owner of a vehicle a written itemized receipt for
all fees paid in association with the vehicle tow.
L.
Release of police impounds. No tow truck operator shall release a
police impound vehicle without verifying that the owner of the vehicle
has obtained an official Police Department vehicle release form.
[Added 12-23-2008 by Ord. No. 2008-37]
A.
All tow operators, in order to be in compliance with
N.J.S.A. 39:10A-1, shall notify the South River Police Department
Traffic Safety Bureau regarding any unclaimed vehicle within three
days after taking possession of the vehicle. The following information
shall be included upon notification:
B.
The South River Police Department Traffic Safety Bureau
will make notification of possession to the owner of record or holder
of interest and provide information needed for the tow operator to
make its own further notice as set forth herein.
C.
After notification by the Traffic Safety Bureau, the
person storing the vehicle shall notify the owner of record and holder
of interest by certified mail, return receipt requested, of the schedule
of costs for storing the motor vehicle and instructions on how the
vehicle may be reclaimed.
D.
If the person storing the motor vehicle fails to provide
such notice to the owner of record or security interest holder within
30 days of the date on which the storer of the vehicle received the
notice from the Traffic Safety Bureau, the maximum amount that such
person may charge the owner of record or the security interest holder
for storing the motor vehicle shall be $750, provided that the owner
of record or security interest holder submits a proper claim for the
vehicle not later than the 30th day following the date the notice
is delivered from the Traffic Safety Bureau to the person storing
the vehicle. If the owner of record or security interest holder fails
to submit a proper claim for the vehicle on or before that 30th day,
the person storing the vehicle may charge the security interest holder
reasonable costs for storage.
[Amended 12-23-2008 by Ord. No. 2008-37]
A.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, Article I, General Provisions, and each violation of any of the provisions of this chapter and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense. In addition, the Mayor and Council, after a hearing, may revoke or suspend any license issued hereunder or may refuse to renew any license previously issued hereunder for violation of any of the provisions of this chapter.
B.
A towing operator's license may be revoked and the
tow business removed from the rotational list by Mayor and Council
if the tow operator's performance is determined to be unreliable,
inadequate, or poses a threat to the public safety of the Borough
after an investigation conducted by the Chief of Police or his/her
designee. Should the Mayor and Borough Council determine that a license
shall be revoked or suspended or that there are reasonable grounds
for refusing to renew a license due to failure of an applicant to
comply with the provisions of this chapter, the Borough Clerk shall
immediately notify the applicant or licensee that the governing body
will hold a hearing on whether or not said license shall be revoked,
suspended or renewed if the applicant or licensee files a notice of
appeal of said determination with the Borough Clerk within 10 days
of the date that notice of the determination is received by the applicant
or licensee. The Borough Clerk, upon receiving such notice of appeal,
shall inform the applicant or licensee of the time, date and place
of the hearing, which shall be held no less than 10 days nor more
than 20 days from the date of service of said notice of appeal upon
the Borough Clerk. The applicant or licensee shall then have an opportunity
to be heard on the issue of whether or not said license should be
renewed, revoked or suspended. An applicant or licensee shall have
the further right to appeal any subsequent determination of the Borough
Council to the Superior Court of New Jersey within 20 days after service
of a resolution setting forth such determination.
C.
Suspension from the rotating wrecker list will be
a suspension of police towing privileges only. The towing company
will remain licensed during the suspension period and will be bound
by the rules and regulations governing the licensing of wreckers within
the Borough.
D.
A tow truck operator who has been terminated from
the rotating wrecker list shall be considered unlicensed and must
reapply for a license at the conclusion of the termination period.
E.
A tow truck operator who has been either terminated or suspended from the rotating wrecker list shall be responsible for responsible for the adherence to towing rates, storage charges and service fees as set forth in § 155-31 (wrecker fees) for police-towed vehicles that remain on the tow truck operator's lot during the suspension or termination period.
