[Ord. No. 2017-60]
No person shall be included on the OTL without first obtaining
a license therefor. Nothing herein shall require licensing for the
rendering of road service other than towing or storage.
[Ord. No. 2017-60]
Any person who wishes to engage in the business of towing or
storing of motor vehicles at police request, pursuant to the official
tower list, shall submit an application for a towing and storage service
license, in duplicate, to the chief of police, on forms provided by
the police department. The application and any renewal application
shall be accompanied by a fee of fifty dollars to cover Princeton's
administrative costs in processing the application, and shall state
the following:
a. Full name and address of the applicant. If the application is made
for a corporation, it shall state the name and address of the officers
and directors thereof, and its registered office and agent, and the
names and residential addresses of every stockholder owning more than
10% of the issued stock;
b. The year, make and type of each tow vehicle used in said business,
along with their serial number(s), registration number(s) and registered
owner(s); each official tower must have at least two tow vehicles
available for tows;
c. The address where the tow vehicles shall be regularly garaged, the
telephone numbers (available on a twenty-four hour per day basis for
OTL purposes) and the names of all operators, their addresses and
their New Jersey motor vehicle driver license number;
d. The location, size, number of storage parking spaces, and security
features of the storage lot on which towed vehicles shall be stored,
including a statement of the number of spaces available in the storage
lot;
e. The name and address of the insurance carriers and agents and the policy numbers of all required insurance policies. Specific insurance requirements are set forth in section
11A-10 of this chapter;
f. A certification that for each scheduled day of the year, towing and
storage services will be available 24 hours;
g. A certification that the fees and procedures required in this chapter
shall be observed at all times;
h. A certification that response times to police requests for towing
services shall in no event exceed twenty minutes from the time of
the police dispatcher's call to the time of arrival at the site;
i. A certification that tow vehicles are equipped with two-way radios or cellular telephones and that the requirements of section
11A-15 of this chapter shall be met;
j. A statement that the chief of police may, at any reasonable time,
conduct an inspection of the tow vehicles or storage lot of any applicant
or licensee for the purpose of determining compliance with this chapter;
and
k. A certification that in the event of any change in the information,
documents, insurance or other requirements set forth in this chapter,
licensees shall advise the chief of police of said change in writing
no later than five days after the effective date of the change.
[Ord. No. 2017-60]
After receiving an application for a license, the chief of police
shall conduct or cause to be conducted an investigation to determine
the following:
a. The truth and accuracy of all information contained in the application;
b. Whether the applicant and all employees are fit and proper persons
to conduct the proposed business;
c. Whether the applicant has demonstrated, by its equipment and the
location of its business, the ability to respond in the manner required
in this chapter;
d. Whether the equipment is in thoroughly safe and sound condition and
complies with the standards of this chapter, as well as any applicable
provisions of the New Jersey Statutes and Rules;
e. Whether the proposed storage area is legally zoned for such use;
and
f. Whether the applicant has proof of ownership or valid agreement for
use of the storage area.
The chief of police shall conduct or review the investigation
and approve or deny the application within 30 days of his or her receipt
of same.
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[Ord. No. 2017-60]
The following procedures shall apply in the event the chief
of police determines to deny an application for an official tower
license; or to suspend or revoke an existing license as a result of
observation by one or more members of the police department or upon
receipt of one or more complaints, that improper or unsatisfactory
performance of services has been rendered by a licensee:
a. The chief of police shall provide written notification to the licensee
or applicant of the acts complained of or the reason for the denial
of the application.
b. The licensee or applicant shall have five days to request in writing
a hearing before the chief of police. If such a hearing is requested,
the hearing shall be held no more than 15 days after the receipt by
the chief of police of the request for same. If the chief of police
determines that it is in the best interest of the public health, safety
and welfare, the chief may suspend the licensee from the OTL pending
the outcome of the hearing or appeal after such a hearing.
c. If the applicant or licensee is dissatisfied with the result of the
hearing before the chief of police, the applicant shall have five
days to request in writing a hearing before the public safety committee.
If such a hearing is requested, the hearing shall be held no more
than 30 days after receipt by the chief of police of the request for
same.
d. The public safety committee shall convene a meeting at which it shall
consider the matter and may request that the licensee or applicant,
chief of police and, if applicable, the complainant, appear and give
testimony regarding the matter. The applicant or licensee may be represented
by an attorney if desired; however, the proceedings before the public
safety committee shall be informal and the Rules of Evidence and Court
Rules shall not be applicable.
e. If the public safety committee determines that cause for revocation
or suspension of a license or denial of an application exists, said
determination shall be made by a majority vote of the members of the
public safety committee, shall be reduced to writing, and shall become
effective immediately. The decision of the public safety committee
shall be rendered no later than 10 days after completion of the hearing
and shall be final.
f. In the case of a revocation of a license, failure to surrender the
license within one day of delivery of the final written decision to
the licensee shall constitute a violation of this chapter.
g. Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against a licensee in a court of competent jurisdiction.