[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 11-24-2020 by Ord. No. 20-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 358,
Towing, adopted 12-16-2003 by Ord. No. 03-18, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of a private passenger 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 delivery sedan, a van or a
parcel truck or a camper-type vehicle used for recreational purposes
owned by an individual or individuals who are residents of the same
household, not customarily used in the occupation, profession or business
of the owner(s).
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. Basic towing only includes providing
access to the vehicle during normal business hours. Any additional
services, including tow outs, will be negotiated with the party requesting
same.
The period of time between January 1 and December 31 of any
given year.
Detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as "lowboy."
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 accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
A person or company licensed by the Borough of Westwood to
tow and/or store vehicles.
The automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a locked gate. The facility is
to be lighted at night.
Constitutes any action that is not normally associated with
roadside towing, e.g., winching, righting overturned vehicles, or
other services required when a vehicle will not roll on its own wheels.
Only 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.
The Governing Body of the Borough of Westwood, or its designated
agent or officer, may license persons or companies meeting the criteria
set forth in this chapter and engaged in the business of or offering
the services of motor vehicle towing, wrecking or storage (service),
whereby damaged or disabled and/or impounded motor vehicles are towed
or otherwise removed from the place where they are damaged or disabled
and/or impounded by use of a tow vehicle, as defined herein. Such
person(s) or company shall be known as an "official tower."
B.
Official towers shall be approved by means of a license, which shall
be issued by the Borough as hereinafter provided. Each licensed official
tower shall maintain a copy of the license in the current year inside
all tow vehicles used within the confines of the Borough of Westwood.
No license shall be required for the on-site repair and/or towing
or storage of any vehicle when the request is received by the towing
operator from the owner prior to a police request or if the owner
or operator of a vehicle requests a tow company of their choice. All
contact for personally requested towing shall be made by the requestor.
Based on scene safety, estimated time of arrival, road conditions
or any other hazards, the Westwood Police Department shall determine
whether or not the requested tow company or the duty tow shall be
the towing provider.
A.
The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the Borough when requested to do so
by the Chief of Police or his/her designee. The official tower shall
be available to render service 24 hours per day, seven days per week,
and the official place of business must be no further than two miles
from the Borough boundary lines.
B.
No official tower shall subcontract or assign any work that is to
be performed by the official tower under the provisions of this chapter.
C.
The Police Chief or his/her designee shall maintain a rotating list
for a period of 12 months, effective January 1 of each year. Disqualified
licensees will be deleted immediately from the list upon disqualification
and may requalify for the following twelve-month period at the discretion
of the Chief of Police or his designee. Rotation shall be on a weekly
or monthly basis within the discretion of the Chief of Police.
A.
The Borough Clerk shall advertise the availability of towing license
applications in the fourth quarter of the current year. Said advertisement
shall set the submission deadline for applications, which must be
strictly adhered to by all applicants.
B.
Application for an official tower license shall be submitted to the
Borough Clerk on a form provided by the Borough Clerk, as approved
by the Chief of Police, and shall contain all of the following information:
(1)
The name, business address, telephone number and federal tax identification
number (where applicable). When the official tower is owned and operated
by an individual, the name, social security number, residential, business
addresses, and telephone number(s) of such individual shall be provided.
When the official tower is a corporation or partnership, the application
shall contain the names, residences, telephone numbers, dates of birth
and social security numbers of all persons owning any interest in
the official tower.
(2)
In the event that the official tower is conducting business operating
under a trade or business name, the applicant shall submit a certificate
of such name as proof that such name has been appropriately filed
with the County Clerk's Office of Bergen County and/or with the Secretary
of State of the State of New Jersey.
(3)
Any such information as may be required by the Borough Council (or
designee) concerning the personnel, vehicles, equipment and storage
facilities of such applicant, as hereinafter provided, showing that
the applicant meets the maximum standards of performance.
(4)
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(5)
A fee of $1,000 shall be paid at the time of submission of the application
to cover the administrative expenses incurred by the Borough in processing
an application.
(6)
The names and addresses of two business references, not affiliated
with the Borough, who have known the applicant for at least two years
and who can attest to the applicant's experience and performance in
the towing, wrecking and storage business.
(a)
All towing vehicles must be listed on the application, including
the make and model number, year of vehicle and vehicle identification
number (VIN) and any and all other information that the Borough Council
may deem necessary.
(b)
No vehicle may be listed on more than one application, nor may
there be a transfer of vehicles between towers.
(7)
A complete list, including dates of service, of all other municipalities,
state agencies and/or governmental entities that the applicant is,
or has been, an official tower of or held a towing permit from. No
person applying individually shall be eligible for approval or appointment
as an official tower of the Borough of Westwood unless that person
shall have been an official municipal tower with a minimum of five
years' experience in municipal towing in any municipality of the State
of New Jersey, including a minimum of two years' experience in municipal
towing in any municipality in the County of Bergen, State of New Jersey.
No corporation or partnership shall be eligible for approval or appointment
as an official tower of the Borough of Westwood unless that business
entity shall have been an official municipal tower with a minimum
of five years' experience in municipal towing in any municipality
of the State of New Jersey, including a minimum of two years' experience
in municipal towing in any municipality in the County of Bergen, State
of New Jersey.
(8)
A complete list of all actions taken against the applicant by a governmental
entity for the applicant's alleged violation of any towing ordinance
or regulation while towing as a licensed or permitted tower for that
governmental entity. If the applicant's towing license or permit has
been revoked, suspended or denied, the applicant shall list each time,
what governmental entity was involved and a brief description of the
event(s) that led up to the revocation, suspension and/or denial of
a towing license or permit.
C.
No license shall be granted to a tower unless and until the tower
seeking the license has appointed the Borough Clerk as the applicant's
true and lawful attorney for the purpose of acknowledging service
out of any court of competent jurisdiction to be served against the
applicant.
D.
Suspension or revocation of a license, and/or the prior denial of
an application affecting the applicant, from this municipality or
any county or state agency granting such license may be cause for
denial of a license under this chapter.
E.
The applicant shall also cause each of its drivers to have a background
check and driver's license check performed at a state-approved facility
approved by the Westwood Police Department prior to that driver performing
any towing services in the Borough. Copies of the results of the background
check shall be made available to the Borough Clerk immediately upon
receipt.
F.
Upon receipt of a completed application, the Chief of Police or his/her
designee shall complete his/her review and recommendation. The review
by the Chief of Police or his/her designee shall consist of the following:
an inspection of the personnel, vehicles, equipment and storage areas
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this chapter.
G.
An applicant may be included on the official towers list by an official
action of the Borough Council by resolution adopted at the annual
reorganization meeting or at a regular public meeting when, from a
consideration of the application and from such other information as
may be obtained, the Borough Council finds that all of the following
circumstances exist:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold harmless agreement and certificate(s) of insurance.
(3)
The application has been reviewed, and the Chief of Police or his/her
designee has submitted a favorable report approving the application
of the towing company.
(4)
Neither the applicant nor the applicant's personnel have been convicted
of a crime or have had their driver's license suspended within the
past year.
H.
The Chief of Police or his/her designee shall conduct his or her
review and render a report to the Borough Council recommending either
the approval or denial of the application within 45 days of receipt
of the application. The Borough Council shall take action with regard
to the report of the Chief of Police. The applicant or its representative
shall be given notice of the date on which the Borough Council will
consider the application and shall be permitted to appear and be heard
at that time. Applications will be considered at the annual reorganization
meeting or at such other meeting designated by the Borough Council.
I.
Written notice of the approval or denial of the application shall
be provided to the applicant within 10 days of the decision of the
Borough Council.
A.
Upon approval of the application as herein provided, the Borough
Clerk shall issue for the applicant an official tower's license for
each tow vehicle or flatbed vehicle to be utilized in providing services
pursuant to this chapter by submitting such to the Chief of Police
or designee for issuance to the official tower(s).
B.
Each licensed official tower shall maintain a copy of the license
in the current year inside all tow vehicles used within the confines
of the Borough of Westwood.
C.
Expiration; renewal; revocation.
(1)
Each official tower's license shall expire on December 31 of each
calendar year, and the license shall run for the calendar year only.
The license shall not be transferable or assigned and may be subject
to revocation by the Borough Council for any of the following reasons:
(a)
If it is subsequently determined that the applicant knowingly
and with intent to deceive made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
(b)
Violation of any federal or state law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(d)
Violation of any of the provisions of this chapter.
(2)
No license shall be issued for less than a full calendar year, nor
should a license be issued at any other time than the period set forth
above.
D.
Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall refile completely
for such official tower's license, setting forth all the information
required in the form provided by the Borough Clerk and complying with
the provisions of this chapter.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
A designated tow truck company, when filing an application for and
at all times while holding a license under this chapter, shall own
or lease and have available for use in the performing of the services
required by the licensee the following equipment:
(1)
Light-duty tow truck with a towing capacity of up to 11 tons.
(2)
Flatbed tow truck with a towing capacity of up to 11 tons.
(3)
Medium-duty tow truck with a towing capacity of 12 to 20 tons.
(4)
Heavy-duty tow truck with a minimum towing capacity of 25 tons or
greater and with a minimum GVW of 50,000 pounds and also capable of
towing a tractor trailer, bus or loaded garbage truck.
All tow trucks shall be properly lettered in accordance with
local, state and federal law.
All equipment used by the company in performing its obligations
under the license shall be maintained in good and safe condition and
may be inspected for condition by the Westwood Police Department at
any time, wherever located. Any deficiency in such condition reported
by the police to the licensee shall be promptly corrected, and any
failure to correct may be cited as a violation by the licensee pursuant
to this chapter.
A.
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles which will be utilized to provide
services pursuant to this chapter.
B.
Minimum equipment and reporting requirements.
(1)
Every tow vehicle or flatbed vehicle shall have two-way radio or
cellular phone capability with a dispatching center on a twenty-four-hour
basis.
(2)
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location on the vehicle, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the state, must be filed
in the offices of the Chief of Police and Township Clerk.
(b)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber- or red-colored.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
and a sufficient quantity and sufficient types of tools to enable
the tow vehicle operator to perform proper and adequate emergency
repair services for the tow.
(3)
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his/her designee at
any time. Where applicable, all permits required by other agencies
than the Borough shall be provided to the Borough upon request.
(4)
Every tow vehicle or flatbed vehicle shall display the official tower's
decal and shall have the name of the official tower, by a permanently
affixed or painted sign, prominently displayed on the vehicle in such
manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such
demarcations shall be placed on the outside door panels of the vehicle.
The sign shall be at least three inches in height and diameter and
be visible to the naked eye, and the names must be the same on both
panels.
(5)
Within five business days of the expiration of each rotation period,
the official tower shall submit to the Borough Clerk a copy of all
of the invoices for services rendered to any owner or operator of
a damaged or disabled vehicle on a form of invoice provided by the
Borough. In the absence of a Borough form, the official tower will
submit the bills which state the name and address of the person towed,
the make and model of the vehicle towed, the plate number and the
in date of the tow and the out date of the tow. Only fees applicable
in this chapter shall appear on said invoice, and there shall be only
one invoice per vehicle towed.
C.
Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two drivers to provide the services required
by this chapter. All drivers employed by official towers to provide
the services required by this chapter shall meet the following requirements
and be subject to the following regulations:
(1)
They shall be competent and able to provide minimum road services
for disabled vehicles.
(2)
All drivers required to have a commercial driver's license (CDL)
by the State of New Jersey and/or federal regulations are required
to furnish such license for the purpose of this chapter.
(3)
They shall obey all traffic laws and regulations.
(4)
They shall not have been convicted of a crime within the past year.
(5)
All drivers who do not possess a CDL must submit to random drug testing
two times each year.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building and/or outside
secured storage area meeting the following requirements:
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
must be over and above the requirement that is in effect for requirement
of parking for that site. No vertical stacking of vehicles is permitted.
The storage area must be contiguous to the applicant's principal place
of business. Each tow vehicle must be stored at the official tower's
licensed site. Official towers located within the Borough cannot store
vehicles on the thoroughfares of the Borough of Westwood, whether
under the auspices of the Borough, County of Bergen, or State of New
Jersey, without Borough approval. Storage of vehicles on the thoroughfares
of other municipalities wherein Borough towers are located is subject
to the requirements of those municipalities.
(b)
The location of the storage area shall be located within the
limits of the Borough or within three miles of the Borough limits.
(c)
Each licensee shall have an area with space for a minimum of
10 vehicles.
(d)
The storage area shall be in an area legally zoned for or legally
nonconforming for such use; the certificate of occupancy is to be
furnished with the application.
(e)
The storage facility shall be available from at least 8:00 a.m.
until 6:00 p.m., Monday through Friday, and from at least 8:00 a.m.
until 1:00 p.m. on Saturday. The applicant shall prominently display
the hours during which the facility will be open on weekends. The
storage area must have a building wherein a permanently installed
telephone is located. The building shall be within sight distance
and/or within 500 feet of the entrance of the storage area. On the
application for a towing license, the applicant shall list all business
hours required pursuant to this subsection for the calendar year of
the license in question, which shall not be changed during the calendar
year.
(f)
The official tower shall not charge any additional fee or other
charge for releasing vehicles to their owners after normal business
hours or on weekends or for moving a vehicle from one location to
another in the storage area.
(g)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(h)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this chapter. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage areas.
(2)
To ensure the timely release of a vehicle, the tower shall release
a vehicle to the owner/occupier of the vehicle no later than one hour
from the vehicle's arrival at the tower's facility or within one hour
of being contacted by the owner/occupier of the vehicle that he/she
wishes to take possession of said vehicle during regular business
hours.
E.
Credit cards. All official towers must have the ability to receive
credit card payment and will accept same for payment of all towing
and storage services included, specifically or by reference, in this
chapter.
A.
Official towers shall be placed on the list in the order in which
their application is approved and license issued. Once the initial
list has been established, new official towers, when their applications
have been approved, will be added to the end of that list.
B.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tower vehicle is available or if the response time
will exceed 20 minutes, the next official tower on the list shall
be called. If none of the official towers are available or able to
provide such services as are requested by the Borough, the Borough
may request such services from any other available source. All requests
shall be made by the Chief of Police or his/her designee.
C.
The Borough shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or his/her designee shall allow a request of such service from
such other person as the owner of the motor vehicle in need of such
services may obtain, provided that the request is responded to within
15 minutes.
D.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests which may be received by the official
towers.
The applicant shall agree, in writing, to assume the defense
of, and indemnify and hold harmless, the Borough, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Borough may be subjected of
any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of this Borough
pursuant to this chapter. Official towers shall enter into a hold
harmless agreement in a form to be prepared by the Attorney for the
Borough prior to being included in the official towers list.
A.
No person shall be included on the official towers list unless and
until such person has provided to the Borough a certificate(s) of
insurance evidencing that there is in effect the following insurance
coverage:
(1)
General property damages and liability insurance in an amount not
less than $1,000,000 per occurrence and $2,000,000 per aggregated
general liability, including additional garage keeper's coverage,
shall be primary as respects vehicles of others and shall include
collision coverage.
(2)
Garage keeper's liability insurance in an amount not less than $500,000
per location shall be required. No deductible amounts are permitted.
The words "no deductible" shall be included on the policy and/or certificate
of insurance.
(3)
Workers' compensation as required by law shall be required.
B.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey.
C.
The Borough of Westwood shall be named as an additional insured on
all policies of insurance provided pursuant to this chapter. All certificates
of insurance shall provide 30 days' written notice to the Borough.
Such insurance shall be primary.
D.
Policies of insurance required by this chapter shall be maintained
in full force and effect at all times. In the event that any coverage
is cancelled or terminated or coverage decreased in amount, the tower
shall be removed immediately from the official towers list until such
time as the required coverage is reinstated or replaced.
[Amended 2-20-2024 by Ord. No. 24-2]
No towing operator or firm licensed under this chapter may charge
rates in excess of the following for towing, conveying, road service,
administrative charges or storage of a motor vehicle when dispatched
by the Westwood Police Department:
B.
Towing charges shall be as follows:
(1)
Light-duty tow or flatbed tow: $145 any time of day or night, plus
$6 per mile after the first five miles.
(2)
Medium-duty tow: $200 any time of the day or night, plus $7 per mile
after the first five miles.
(3)
Heavy-duty tow: $460, inclusive of the first hour of rigging, decoupling,
hookup or preparation for towing, and $11,50 per mile after the first
five miles. Any additional heavy-duty tow truck which may be needed
shall be charged at the rate of $300, inclusive of the first hour
of rigging, decoupling, hookup or preparation for towing, and $11.50
per mile after the first five miles. An additional charge of $230
per hour may be charged for specialty work related to heavy-duty towing
for work that goes beyond the first hour.
D.
Storage.
(1)
Any vehicle that is towed under this chapter shall include storage
at the tower's facility for up to eight hours. The first-day
storage rate shall commence after eight complete hours of storage.
(2)
The service charge for storage of passenger vehicles/SUV s shall
be charged on a daily rate after 24 hours as follows:
(a)
Inside building storage facility with a capacity: $50 per day.
(b)
Outside secured storage facility with a capacity of 10 or more
spaces: $40 per day.
(c)
Outside storage for commercial vehicles or trucks over one ton:
$85 per day.
(d)
Outside storage for commercial vehicles over 25,999 GVW, buses,
tractor-trailers, etc.: $110 per day.
E.
Notwithstanding the foregoing provisions, no towing operator licensed
by the Borough of Westwood shall charge or receive fees for towing,
services or storage at rates higher than those customarily permitted
by the Department of the Attorney General, Consumer Affairs and as
listed in this chapter.
F.
No tower shall charge for services that are not provided for in this
Code.
G.
Towers shall post a copy of the Westwood towing fees in a prominent
place at their yard.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Municipal Building. Copies shall also be made
available to the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area, clearly visible to the public, a schedule of fees that may be
charged for all services, provided that the same is pursuant to this
chapter.
C.
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, and equipment and storage areas of all
official towers.
D.
The relationship between an official tower and the Borough is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official towers list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The Borough shall not be liable or responsible for compensating the
official towers for any of the services performed under this chapter.
Compensation shall be the responsibility of the owner of the towed
motor vehicle, and the official tower shall proceed directly against
the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
G.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all service
rendered and all fees charged and collected. All records shall be
available for inspection by the Borough at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized as long
as the requirements of this subsection are met.
H.
The Borough of Westwood will utilize the duty tow company for the
towing of Borough-owned and -operated vehicles as a result of accident,
damage or repair. Any towing of Borough vehicles shall not incur an
expense to the Borough unless the vehicle is towed in excess of 10
miles from its place of pickup by the authorized towing company.
A.
The Westwood Police Department shall be the enforcement agency. The
enforcement agency shall have the authority to hear complaints against
any official tower, whether brought by Borough representatives, the
public and/or other official towers.
B.
The enforcement agency shall have the power to issue subpoenas to
compel attendance at the hearing. Failure to attend a hearing will
result in the automatic suspension of the tower's license.
C.
In the event that a complaint (of a noncriminal nature) is received
by the Borough involving the improper or unsatisfactory performance
of services by an official tower or excessive charges or damage to
a motor vehicle while in the custody of the tower, the enforcement
agency shall give written notice of said complaint, by certified mail,
return receipt requested, to the official tower against whom the complaint
is made. The official tower shall make a written response to such
complaint within five calendar days from receipt of the written notice.
D.
The enforcement agency, after hearing the matter, shall have the
authority to suspend the official tower's license until the next rotation.
Any contestation of such action by the enforcement agency shall be
made by way of appeal to the Borough Council within 14 calendar days
of the notice of said suspension. The Borough Council shall then conduct
a hearing regarding the appeal of the suspension at the next public
Council meeting or within 30 calendar days of the tower's notice of
appeal.
E.
In the event that two or more complaints are pending for over 30
days in Municipal Court, then the enforcement agency may suspend the
official tower's license after a hearing and decision by the enforcement
agency.
F.
If, after considering the matter and the findings by the enforcement
agency, the Borough Council shall determine that there is good and
sufficient cause for revocation of the official tower's license, the
tower shall surrender said license to the Borough Clerk within one
calendar day.
G.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter subject to all legal action available
to the Borough, including permanent removal from the official towers
list.
H.
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 an official tower in a court of competent
jurisdiction.
I.
Any company that applies to be a municipal towing provider for the
Borough of Westwood shall maintain a file that is in order by date
of service. The file shall be stored and available for immediate inspection,
at the business office of the towing operator, by the Borough of Westwood
Police Chief or his designee. This file shall hold all towing requests
and bills for service provided by the towing operator and include
the following information:
(1)
Date of service.
(2)
Name of person whose vehicle was towed with a contact phone number.
(3)
An itemized listing of all fees charged.
(4)
Disposition of payment and who was the payee.
(5)
Original signature of the payee once the bill is satisfied. In lieu
of an original signature, a copy of an insurance check can be included
in the file for payment received from an insurance company.
J.
This file shall be up-to-date and available for inspection during
the hours of 8:00 a.m. to 4:30 p.m., Monday through Saturday. Failure
to have this file up-to-date or placement of false or misleading information
on this file shall subject the towing operator to immediate suspension
from the rotation list pending a hearing in front of the Westwood
Governing Body.
A.
In addition to any suspension or revocation of license, a person
who shall violate any of the provisions of this chapter shall be subject
to the following:
(1)
Punishment by a fine not exceeding $3,000 or imprisonment for a term
not exceeding 90 days, or for a period of community service not exceeding
90 days, or any combination of them, for a first offense at the discretion
of the Municipal Court. For a second or subsequent offense, punishment
by a fine not exceeding $5,000 or imprisonment for a term not exceeding
90 days, or for a period of community service not exceeding 90 days,
or any combination of them. The minimum fine for violation of any
provision of this chapter shall be a fine of $1,000;
(2)
Each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense; and
(3)
The imposition of a fine or imprisonment, or both, for a violation
of this chapter of the Code shall not be deemed to be in lieu of any
other provision therein providing for revocation or suspension of
any license or permit issued thereunder.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for revocation of the official
tower's license.
