[HISTORY: Adopted by the Mayor and Council of the Borough
of Palmyra 12-5-2016 by Ord. No. 2016-19. Amendments noted where applicable.]
The purpose of this chapter is to provide standards, regulations
and rates for law enforcement agency requested and non-preference
vehicle towing and storage services, without competitive bidding,
in accordance with N.J.S.A. 40:48-2.49 et seq. and N.J.S.A. 40A.11-5(u),
under the supervision of the Chief of Police of the Borough of Palmyra
or his designee. The Chief of Police may, by order, delegate this
responsibility to a subordinate officer within the Police Department.
As used in this chapter, the following terms shall have the
meanings indicated.
A towing operator who has applied to the Chief of Police
and is authorized to do required towing for the Borough of Palmyra
Police Department.
A motor vehicle of a private passenger, sport utility or
station wagon type that is owned or leased and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle with a pickup body or a delivery
sedan, a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in occupation, profession
or business by the owner.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
A tow which, based the weight of the vehicle being over 30,000
pounds gross vehicle weight, or the vehicle's size or special
characteristics, requires the use of special equipment greater than
that used by a basic towing service.
A towing operator licensed hereunder.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accident as to the insured even
if they were caused by the intentional acts of a perpetrator where
the perpetrator was not the insured or not otherwise involved with
the insured.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
An automobile storage facility that is secured by a fence,
wall or other man-made barrier that is at least six feet high with
a locked entrance. The facility is to be lighted at night. The Police
Department shall have twenty-four-hour access to the facility.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal or transport of motor vehicles.
A person, corporation or other form of business entity engaged
in the business of providing a basic towing service or heavy-duty
tow service to the general public and providing storage facilities
for vehicles towed.
The towing operator's principal place of business where
the tow trucks are stationed when not in use.
The act of a tow operator to utilize heavy-duty cables or
chains to return a vehicle from a berm, ditch or other location off
of the right-of-way so that the vehicle may be properly towed. The
term shall not include the pulling of a vehicle onto a tilt bed carrier
or lifting a motor vehicle with a conventional tow sling.
A.
For ease of operation within the Police Department as well as in
operation of the tow list by central communications, the Borough limits
the rotation to three licensed companies. If the rotational list is
not full, the Borough will entertain towing applications at any time;
however, said applications will continue to expire at the end of the
three-year term and the application fee shall not be prorated. No
applications will be accepted whenever the tow list is full.
[Amended 6-19-2017 by Ord. No. 2017-6]
B.
Each such licensed towing operator shall be put on a rotational list
as established by the Chief of Police and shall be called to respond
to the needs of the police on a rotating basis.
C.
Tow operators are required to maintain a response time of 20 minutes
to all calls for service. If a tow operator cannot meet the requirements
of this chapter and respond to the scene within 20 minutes, it has
an obligation to immediately inform Central Communication. The tow
company is not permitted to assign the work to another tow company.
If the company cannot handle the call, a licensed tow operator approved
by the Borough will be called.
D.
Only those tow companies that can perform both basic tow and heavy-duty
tow services shall be considered for the rotational list.
E.
The Borough may require that an automobile be towed to a secured
location other than the tow operator's storage facility. In such
cases, the tow operator shall tow the vehicle free of charge to the
Borough.
F.
Fatalities and serious bodily injury accidents. The Police Department
reserves the right to contact the tow company of its choice to respond
to a fatality or serious bodily injury accident. In making this decision,
the officer on the scene will consider the extent of the detail and
care necessary to preserve evidence and the storage location for follow-up
investigation by all law enforcement agencies and/or the National
Transportation Safety Board.
A.
Every applicant for a license shall complete, sign and verify a written
application in the manner and on forms furnished by the Borough Clerk,
and if no forms are made available, the information shall be furnished
on the tow operator's letterhead. The application shall include.
(1)
Name, business address, residential address and telephone numbers
(cell phone, residence and business numbers) of the towing operator
and principal owners thereof.
(2)
Locations of storage areas for tow trucks, towed vehicles and all
other vehicles used in the towing operator's business must be
within 20 minutes in normal drive time of the Borough of Palmyra.
B.
The application shall be accompanied by the following supporting
documentation.
(1)
The applicant shall confirm if it is capable of performing basic
tows and heavy-duty tows.
(2)
The tow operator shall have a sufficient number of employees available
to comply with the minimum operational requirements of this chapter.
The number of employees on duty, on call and available to respond
24 hours a day, seven days a week shall not be less than three qualified
individuals. The tow operator shall submit a roster of employees (by
name and address). That list shall be accompanied by a certified driver's
abstract of each identified employee. Said abstract shall be issued
by the New Jersey Division of Motor Vehicles within the 60 days prior
to the submission of the application.
(3)
Background checks will be performed internally by the Palmyra Police
Department as well as through the New Jersey State Police through
a fingerprint system. Applicants will be required to submit fingerprint
background checks through the State's Morpho Trak System or the
state system existing at the time of the application process. All
costs associated with the fingerprint background check will be borne
by the applicant. No person shall be utilized for towing or perform
any services under this contract unless the Borough has obtained a
criminal background and motor vehicles records check and the individual
has been granted approval by the Chief of Police. A driver shall be
automatically disqualified where the individual has been convicted
of a crime of the fourth degree or higher within the past five years,
unless waived by the Chief of Police for good cause. Any driver convicted
of a disorderly person's offense shall be authorized, at the
discretion of the Chief of Police, taking into account the nature
of the crime, the date of the event and efforts taken by the individual
to make societal amends.
(4)
Roster of tow trucks and other vehicles (by registration number and
serial number).
(5)
Certificates of insurance as required herein.
(6)
Affirmative action certification.
(7)
Stockholder's certification (if applicable).
(8)
Names and addresses of three references from businesses, companies
and/or municipalities with whom the applicant is or has provided towing
recovery and storage services. Failure to provide such list will not
automatically disqualify an applicant.
(9)
Certification that the applicant will be available for service premises
24 hours per day, seven days per week and that the applicant will
comply with the fees and procedures contained in or referenced in
this chapter.
(10)
A current fee schedule recognizing the maximum fees permitted
by this chapter.[1]
[1]
Editor's Note: The Schedules of Fees and Charges are included as an attachment to this chapter.
(11)
A nonrefundable application fee of $100, which shall be paid
to the Borough of Palmyra by each applicant.
(12)
Such other information as the Borough Council or Police Department
may reasonably prescribe.
C.
Tow operators have the continuing obligation to keep the above application
requirements up-to-date throughout the entire term of the contract,
including notifying the Police Department of new hires and providing
a certified driver's abstract and submitting to a criminal background
check prior to the employee engaging in tow services for Borough of
Palmyra.
D.
For the purposes of the licenses to be awarded, pursuant to this
chapter, in the initial year after which it is adopted, the initial
term of the license shall be from the date the license is issued until
December 31 2019. Licenses issued thereafter shall be for a three-year
period commencing on January 1 of the year in which it was issued
and terminating three years thereafter.
[Amended 6-19-2017 by Ord. No. 2017-6]
E.
Once issued, a license is not transferable.
F.
The Chief of Police is charged with the responsibility of investigating
new and renewal licensees. Upon completion of an investigation, the
Chief of Police shall report his recommendation to the Borough Clerk.
A recommendation of approval shall be predicated upon the Chief's
determination that.
(1)
The applicant is financially capable of sustaining the business of
a towing operator in the Borough.
(2)
The applicant and all individuals identified on the roster of employees
are of good moral character and meet the general standards of this
chapter, as hereinafter set forth. The applicant shall authorize a
personal background check, commercial, credit and personal references
and such other investigative checks as the Chief of Police may require.
(3)
If a previous licensee, the applicant has met the performance standards
of this chapter, as hereinafter set forth.
(4)
The applicant demonstrates the adequacy of equipment and facilities,
availability and adequate response time and the security of the vehicles
towed or stored, all as specified in the standards of this chapter,
hereinafter set forth.
G.
The Borough Clerk shall issue a license to any applicant recommended
for approval by the Chief of Police. The Borough Clerk shall therein
adopt a resolution authorizing the execution of a contract for services
with each licensee.
H.
The applicant not so approved may appeal to the Borough Clerk. Any
such appeal shall be filed within 10 days after receipt of the list
of licensees from the Borough Clerk. The Borough Council shall undertake
a review of the reasons for rejection by the Chief of Police and shall
make an independent determination based upon the standards and criteria
of this chapter and the investigative file developed by the police.
A.
Complaints of any kind, relative to service, overcharging, theft
of parts or vehicle contents, damage to towed or stored vehicles,
discourteous treatment and the like shall be referred to the Chief
of Police for investigation and recommendation to the Borough Council,
if necessary. The Borough shall notify the tow operator, in writing,
of a pending investigation.
B.
The Chief of Police shall allot a reasonable time to correct an issue
confirmed by the investigation and notify the subject of his findings
and time to correct such issues. If the violation is not corrected
within the time allotted, the Borough may suspend or revoke the contract
and immediately remove the tow operator from the rotation list or
lists. Removal from the tow list shall occur only for the most egregious
violations, including, but not limited to, safety violations.
C.
Adequate grounds for a revocation of the contract shall include,
but are not limited to, a violation of the terms of this chapter,
fraudulent or inaccurate application information, unsatisfactory service
or the violation of the New Jersey Department of Insurance Rules and
Regulations or any statute or regulation of this chapter.
D.
The tow operator has the right to appeal to the Borough Council within
10 days of the receipt of the Borough's written decision and
shall receive a hearing within 30 days of the receipt of the notice.
E.
Upon conclusion of the hearing, the Borough Council shall determine
whether to affirm, reverse or modify the Borough's decision.
If the tow operator's license is revoked, the tow operator shall
not be eligible to reapply for two additional years from the date
of revocation at the next contract term.
A.
Responsibilities. The licensee shall:
(1)
Provide tow services on a twenty-four-hour, seven-day-a-week basis,
including holidays.
(2)
Respond to all calls for service from the police within 20 minutes
after notification by the police.
(3)
Have a minimum of two tow trucks capable of towing most standard
vehicles and have at least one heavy-duty wrecker with a minimum of
30,000 pounds gross vehicle weight rating.
(4)
Maintain its towing operator's base of service and storage facility
for Palmyra tows in a location that is accessible to all areas of
the Borough of Palmyra within 10 miles of the Borough and allow for
a response in 20 minutes under normal driving conditions.
(5)
Maintain a storage area which shall include adequate storage space
for at least 20 vehicles, 10 of which spaces shall be dedicated exclusively
to the storage of vehicles that were removed under the provisions
of this chapter. For the heavy-duty tows, the licensee must also identify
a separate area not less than 15 feet by 30 feet for the storage of
a heavy-duty vehicle. The storage area shall be open a minimum of
eight hours per day (9:00 a.m. to 5:00 p.m.), Monday through Friday,
except legal holidays, for reclaiming automobiles. All such storage
facilities must be maintained in compliance with local, state and
federal laws and regulations, and vehicles must be stored in compliance
with all applicable ordinances and only on premises approved by the
Borough unless otherwise authorized by the owner of the vehicle and
permitted by law. The Police Department shall have twenty-four-hour
access to the storage facility for investigative purposes.
(6)
Maintain all insurance coverages in accordance with the standards
hereinafter set forth.
(7)
Pass the background checks identified herein.
(8)
Train their tow truck operators in the use of all required equipment
and the performance standards of this chapter.
(9)
Require their tow truck operators to have a personal driver's
license with no restrictions or conditional endorsements, except if
prescription glasses are required; and to have a commercial driver's
license, if required by law; and present a neat appearance at all
times.
(10)
Have at least one year of continuous experience in emergency
towing, recovery and storage of motor vehicles for law enforcement
agencies. Such experience shall be verifiable and proven to the satisfaction
of the police at the time of application for license. This provision
shall not prevent the issuance of a license but shall be a factor
weighed in considering the issuance of a license to a new tow operator
business.
(11)
Maintain written records for at least six years from the date
of the service of all tows performed and all signed acknowledgments
of receipt of vehicles by owners or authorized agents.
(12)
The tow operator shall submit monthly reports, on or before
the 10th of the month, to the Palmyra Police Department of all vehicles
towed the previous month, as well as vehicles which are unclaimed
from previous months. The report shall identify each vehicle by make,
model, year, license plate, VIN/serial number and police incident/case
number. In addition, the odometer reading is needed on all vehicles
left on the lot over 30 days. The Motor Vehicle Commission requires
this information when requesting a title for auction. The contractor
further agrees to furnish the Borough with such records, reports and
information of services rendered as the Borough may reasonably request.
The Borough reserves the right to amend the minimum list of reporting
requirements from time to time.
(13)
Failure to adhere to these requirements will result in the tow
operator being suspended from the tow list pursuant to the procedures
in this chapter until the compliance issue is resolved.
B.
Insurance requirements.
(1)
All licensees shall maintain the following insurance coverages.
(a)
Workers' compensation and employers' liability insurance.
A tow operator shall procure and shall maintain workers' compensation
insurance in accordance with statutory requirements for all of his/her
employees to be engaged in work on the project.
(b)
General liability insurance. The tow operator shall procure
and maintain, during the entire time it is performing services, general
liability insurance of not less than $1,000,000 in any one occurrence
and $2,000,000 aggregate.
(c)
Automobile liability insurance. The tow operator shall procure
automobile liability insurance for claims arising from owned, hired,
and non-owned vehicles with limits of not less than $10,000,000 per
any one person; $2,000,000 per any one accident for bodily injury
and/or property damage; which insurance shall be maintained during
the life of this contract.
(d)
Excess liability insurance. In addition to the above general
liability and automobile liability insurance requirements, the tow
operator shall maintain an additional insurance umbrella of $2,000,000.
[Amended 6-19-2017 by Ord. No. 2017-6]
(e)
Garage keepers' liability insurance. The tow operator shall
secure and maintain, during the life of this contract, garage keepers'
liability insurance in an amount of not less than $60,000 per location.
(f)
Public liability and property damage, contingent liability insurance.
The tow operator shall also carry public liability and property damage,
contingent liability insurance to indemnify the Borough of Palmyra
and the public against any loss due to injuries, accidents or damages
of any character whatsoever, where any such damage is the result of
any act or omission of the tow operator, his agents or employees in
or due to the execution of the work called for under the contract
and this chapter. Public liability insurance limits shall be at least
$500,000 per accident and be specifically endorsed to provide collision
insurance for vehicles in tow.
(2)
Each policy required herein shall contain an endorsement providing
for 20 days' notice to the Borough in the event of any change
or cancellation and shall be with insurance companies acceptable to
the Borough and operating on an admitted basis in the State of New
Jersey. Each policy required herein shall name the Borough as an additional
insured.
(3)
In addition, the tow operator shall have coverage for contractual
liability and also name the Borough as an additional insured. All
insurance required hereunder shall remain in full force and effect
for the period of the contract. Insurance policies shall cover on
an occurrence basis.
(4)
Certificate of insurance. Certificates of insurance, showing that
both the tow operator and the Borough of Palmyra are named as additional
insured, in conformance with the above, shall be furnished to the
Borough Administrator, subject to approval of the Borough Solicitor,
Risk Consultant and filed with the Borough Clerk.
C.
Minimum equipment requirements.
(1)
Equipment to be carried on all tow trucks should include the following:
a universal towing sling, except flatbeds; J-hooks and chains; one
snatch block for three-eighths-inch to one-half-inch cable; two high-test
safety chains; an auxiliary safety light kit to place on the rear
of a towed vehicle; four-lamp or three-lamp revolving amber light
or lamp bars; a tool box with assortment of hand tools; rear working
lights and rear marker lights; cab lights; body clearing lights located
to clear a towed vehicle; blocking choke for the tow truck while working;
safety cones; shovels and broom; a steering wheel lock or tie down;
and a two-way radio communication system or cell phone with hands-free
headset. Applicants who do not maintain such equipment shall demonstrate
why the equipment is not necessary.
(2)
In addition, every tow truck shall be equipped with safety tools
to remove disabled or locked vehicles.
(3)
All tow trucks shall be properly lettered on both sides, as required
by law. The name on the truck shall match the applicant name so that
the police officer can confirm that the vendor dispatched is the same
as the vendor that takes the tow.
D.
Performance standards. A licensee shall.
(1)
When on call, provide towing on a twenty-four-hour, seven-day-a-week
basis, including holidays.
(2)
Dispatch a tow truck or trucks, as circumstances warrant, when requested
by the police to respond, in such a manner that the tow truck arrives
at the scene within 20 minutes under normal and reasonable circumstances.
(3)
Maintain and operate all tow trucks in accordance with all existing
traffic regulations and in a safe and prudent manner.
(4)
Not stop at any accident scene unless directed by the police, except
to notify the police of an unattended accident and advise accident
victims that the police have contacted the licensee on rotation; and
not solicit or attempt to divert patrons of another towing operator,
whether or not licensed under this section, or solicit prospective
patrons of a given repair service to any other repair service.
(5)
Not respond to the scene of an accident except upon notification
by the police through the per-call rotation list.
(6)
Not tow vehicles without proper authorization from the police at
the scene or the owner or driver at the scene. Upon such authorization
and if not accompanied by the owner or driver of the towed vehicle,
the licensee shall disclose, in writing, the location of the storage
facility.
(7)
Not release any vehicle impounded or confiscated without proper authorization
from the police.
(8)
Notify the police on a monthly basis of unclaimed vehicles.
(9)
Be responsible for all vehicles and their contents after towing.
If the vehicle is unattended, the licensee shall make an inventory
of any apparent valuable contents at the accident scene and maintain
said inventory at least until the disposition of the vehicle.
(10)
Cooperate with other towing operators in the case of emergency
services at the scene of accidents and/or disasters.
(11)
Comply with police instructions at the scene, even if it means
countermanding towing requests by the owners or drivers of disabled
vehicles.
(12)
Prior to departure from the accident scene, clean and clear
streets of any debris resulting from any accident, and toward that
end carry the necessary equipment to perform such cleaning services.
(13)
Report any dispute between towing operators and/or persons at
the scene to the police; and report to the police any observed disabled
vehicles, accidents or any other activities that may require police
attention.
(14)
Not use flashing lights or sirens except as permitted by the
police pursuant to law.
(15)
Not tow a vehicle for illegal parking until a summons has been
issued.
(16)
Accept at least cash, personal checks, money orders and at least
one major credit card for towing and/or storage services.
(17)
Immediately notify the police in the event that the licensee
is not operational due to mechanical failure, personnel deficiency
or other incapacitating cause.
(18)
Post hours of operation on storage facilities so that the public
may be informed as to when the facilities are open for recovery of
motor vehicles.
(19)
Maintain the public portions of storage facilities as clean
and safe environments for public invitees.
(20)
Not park or store an impounded vehicle on any public street
or sidewalk or any unsecured area. All vehicles stored shall be stored
in the storage facility as defined herein.
(21)
Not employ any Borough employee or allow any Borough employee
to have a financial interest in the towing operator's business.
(22)
Clear accident areas of debris upon arrival on the scene.
(23)
Display fees on cards, conspicuously indicating the maximum
rates for towing and storage charges, in each tow truck, and present
a card to the driver of the disabled vehicle to be towed. Such a fee
card shall also be conspicuously posted at every storage facility
and location where the vehicle is to be retrieved.
A.
Generally.
(1)
At the time of tow, each tow operator licensed shall be responsible
for providing a pre-printed card/sheet identifying the towing company's
name, address, storage location, hours of operation for pickup, phone
number and rates for towing and storage according to the terms of
this chapter. Said card/sheet shall be presented and explained to
the owner or occupant of the vehicle on scene or, in the alternative,
when the owner or occupant is absent or not physically or mentally
capable of receiving said card, provided to the officer requesting
tow for inclusion in the police report.
(2)
Towing and storing charges and fees shall be in accordance with N.J.S.A.
40:48-2.50 as well as the provisions of this chapter. Except as otherwise
provided herein, the charge and fee for towing and storage of vehicles
within the Borough of Palmyra shall be in accordance with the provisions
of the rules and regulations of the New Jersey Division of Consumer
Affairs in the Department of Law and Public Safety. The Borough shall
not be responsible for the collection or payment of any charges for
the towing or storage of vehicles. The charges and fees and rates
applicable to services performed pursuant to this chapter shall be
posted in a conspicuous place visible to the public at the tow operator's
storage area and shall be posted on each and every vehicle. The tow
operator shall prepare a bill for charges pertaining to each vehicle
and present the same to the claimant of a vehicle. The bill shall
be itemized in detail as to the actual services rendered and shall
contain a statement that the claimant may complain with respect thereto
to the Borough. The Borough will not be responsible for charges due
and owing from a claimant of a vehicle. The Borough shall not be responsible
for the collection or payment of any charges for the towing or storage
of vehicles. Vehicles impounded as a result of police investigations
involving stolen vehicles or fatal/serious/suspicious accidents will
not result in storage charges to the Borough; however, the Borough
reserves the right to store such vehicles at a location of its choosing.
Said location will include inside storage, lockdown measures, full
access accountability and twenty-four-hour, seven-day-a-week access
by the Police Department.
(3)
In the event the Borough conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tow operator's bill for towing
and storage shall be in accordance with N.J.S.A. 40:48-2.50. Each
vehicle auctioned shall be a separate item for purposes of this subsection.
The title fee for which the Borough must pay the State of New Jersey
for title certificates shall be paid by the purchaser at the auction
even if the tow operator is the purchaser and shall be in addition
to the bid price of each vehicle. In the event the Borough determines
to utilize the provisions of Title 39 with respect to unclaimed vehicles,
the tow operator shall receive no compensation for its services but
shall not lose its place on the rotational list.
(4)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. The charge for towing includes any incidental and
related costs such as connecting and reconnecting a transmission,
drive line or axle. There shall be no additional charges for any other
services, including but not limited to waiting time, cleanup costs
and additional labor when the towing services as defined herein are
provided, except as otherwise provided herein. The tow operator may
charge a fee for a vehicle lockout service, i.e., when a tow operator
responds and opens a locked vehicle when the owner/operator has locked
the keys in the vehicle or is otherwise unable to open the vehicle.
B.
Charges and fees.[1] The charges, fees and rates for vehicles to be towed and
stored shall be categorized in the following manner. There will be
no mileage charge for vehicles towed.
(1)
Refer to Schedule A for towing service charges — flat fee.
(2)
Refer to Schedule B for winching service charges — per each
1/2 hour of winching.
(3)
Refer to Schedule C for administrative, storage and general charges.
(4)
Refer to Schedule D for miscellaneous charges.
[1]
Editor's Note: The Schedules of Fees and Charges are included as an attachment to this chapter.
C.
Specialized equipment. In cases where the tow operator must hire
laborers or rent or utilize specialized equipment not specified in
this chapter, all reasonable charges therefor shall be paid by the
owner of the vehicle, after the owner of the vehicle or his agent
has given his prior written consent thereto. The consent requirement
may be waived when the Police Chief or his designee deems the vehicle
to be a hazard to health or safety, whereupon said vehicle will be
removed by the direction of the Police Department, with the owner
then being responsible for all personnel, equipment and labor costs.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to or
after towing, an agreement shall be reached between the tow operator
and the owner of the vehicle or the owner's agent or representative
as to the charge for said service. No written agreement is necessary
in an emergency situation, and the Chief of Police or his designee
shall determine when an emergency exists.
This chapter shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner or driver of a
vehicle, of a tow truck which is owned by a person not a licensee
hereunder. If a tow operator is called to a scene and subsequently
recalled because of this situation, the tow operator will return to
the rotational list for the next police dispatched tow call. Neither
the vehicle owner nor the Borough shall be charged for such an event.
Upon the adoption of this chapter, the Borough Clerk shall give
30 days' public notice by newspaper publication of the necessity
of making application for a license to engage in the business of basic
towing service as a licensee of the Borough. In addition, the Chief
of Police shall give notice to all towing operators known to have
engaged in basic towing service in the Borough for the year last past.
In the year of adoption of this chapter, the Borough Clerk shall identify
the date applications are due and the expected date of award. The
initial contracts shall expire on December 31, 2018, regardless of
the date of implementation of the ordinance.
The Chief of Police may promulgate such rules, regulations and
procedures, not inconsistent with this ordinance, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be the cause of suspension or
revocation of a tow operator's license. The Borough Council may
amend fees from time to time by adoption of a resolution. In the event
any provision of this chapter shall be held or made invalid or unenforceable
by a court decision, statute, rule, or otherwise, then the remaining
provisions of this ordinance shall not be affected thereby and shall
continue in full force and effect.
The Chief of Police shall have the right to suspend any towing
operator authorized to do police towing under this chapter for good
cause upon written complaint of the administrative officer of the
Borough of Palmyra Police Department following his determination that
there is cause for suspension based upon violation of this chapter.
Written notice of such complaint and the basis of the complaint shall
be given to the towing operator, and said towing operator shall be
entitled to a hearing before the Chief of Police. If the Chief of
Police decides there shall have been violations he may then suspend
said towing operator. In addition to any suspensions, if a violation
of N.J.A.C. 11:3-38 et seq.[1] has occurred, the Chief of Police will notify the New
Jersey Department of Insurance of the violation.
[1]
Editor's Note: So in original.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
In addition to the suspension and revocation provisions established
herein, any person, firm or corporation violating the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or to imprisonment for not more than 90 days
or a period of community service not to exceed 90 days, or any combination
thereof, and each day any such violation shall continue shall be deemed
to be a separate and distinct offense.
