[HISTORY: Adopted by the Mayor and Council
of the Borough of Rockaway 8-12-2004 by Ord. No. 07-04. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Charges for post-accident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items and additional paperwork.
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 panel
truck or a camper-type vehicle used for recreational purposes owned
by an individual or husband and wife who are resident 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.
All vehicles up to 10,000 pounds gross vehicle weight (GVW).
[Amended 10-13-2016 by Ord. No. 21-16]
All vehicles 10,001 pounds to 26,000 pounds GVW.
[Amended 10-13-2016 by Ord. No. 21-16]
All vehicles 26,001 pounds and over GVW.
[Amended 10-13-2016 by Ord. No. 21-16]
Cleanup and/or removal of debris or mechanical work to ready
vehicle for towing, the final resting point of the vehicle and the
associated debris field, as well as along the path of pre-impact and/or
post-impact, where vehicle disintegration and/or other property damage
occur as a result of the motor vehicle accident or incident.
[Added 10-13-2016 by Ord.
No. 21-16]
Cleanup and/or removal of debris or mechanical work to ready
the vehicle for towing. Includes supplies and labor to clean up an
accident scene, absorbent material, and debris.
[Added 9-13-2007 by Ord. No. 13-07; amended 10-13-2016 by Ord. No. 21-16]
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
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.
An 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
lighted at night.
Recovery can be achieved by several actions which may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the damaged vehicle
to a towable position.
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. of the succeeding day.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed or when not in use.
Charge for a motor vehicle towed into the storage facility
of the primary tower that is not movable and must be towed out of
the primary tower's storage facility to a public street for towing
by the secondary tower.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to EMS services which
must be performed and/or police investigations.
The process of moving a motor vehicle by the use of the cable
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier nor lifting a motor vehicle with a conventional
tow sling.
A.
The governing body of the Borough of Rockaway shall
license persons or companies meeting the criteria set forth in this
chapter and engaged in the business or offering the services of a
motor vehicle towing, wrecker or storage services, whereby damaged
or disabled motor vehicles are towed or otherwise removed from the
place where they are damaged or disabled by use of a tow vehicle,
as defined herein. Such person or company shall be known as an "official
tower."
B.
Official towers shall be identified by means of a
license which shall be issued by the Borough as hereinafter provided.
Each licensed official tower shall also have issued by the Borough
a decal or insignia for each vehicle used in the towing operation
by the official tower and which shall be placed on each vehicle in
a prominent portion of such vehicle as required by the Chief of Police
or his designee. No vehicle or motorized equipment shall engage in
towing vehicles unless such insignia or decal is affixed as set forth
and the name of the official tower permanently affixed to the vehicle.
"Permanently affixed" herein shall mean attached to or placed on the
vehicle in such a manner as such cannot be removed or repositioned.
C.
No person may engage in municipal towing at police
request without first obtaining a license therefor as provided by
this chapter. Nothing in this chapter shall apply to persons who operate
a wrecker or tow truck that picks up disabled vehicles outside the
Borough limits and are in the course of taking such vehicles to a
garage or other location, either within or without the Borough, nor
to wreckers or tow trucks whose services are specifically requested
by the driver or owner of a disabled vehicle.
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 designee. The official tower
shall be available to render service 24 hours per day, seven days
per week.
B.
In the event that a disabled vehicle requires special
towing equipment and the official tower does not possess such equipment,
then the Chief of Police or his designee shall select the next official
tower in the rotation list who does possess the necessary special
equipment to tow such disabled or damaged vehicle. No official tower
shall subcontract or assign work to be performed by the official tower
under the provisions of this chapter.
A.
Any person, corporation or business firm who desires
to perform towing work at police request shall submit an application
for a towing license on forms furnished by the Borough Clerk to the
Chief of Police. The application shall state:
(1)
The full name, address, and telephone number of the
applicant. If the application is made for a corporation, it shall
state the corporation's registered office, its registered agent, and
the names, residences and telephone numbers of all persons owning
10% or more of the shares thereof.
[Amended 9-13-2007 by Ord. No. 13-07]
(2)
A valid business registration certificate issued by
the State of New Jersey Department of the Treasury.
[Amended 10-13-2016 by Ord. No. 21-16]
(3)
Such information as may be required by the Mayor and
Council or designees concerning the personnel, vehicles, equipment,
storage facilities of such applicant, as hereinafter provided, showing
that the applicant meets the minimum standards of performance.
(4)
Certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(5)
An annual fee of $200 to cover the administrative
expenses incurred by the Borough in processing the applications.
[Amended 10-13-2016 by Ord. No. 21-16]
(6)
All towing vehicles must be listed on the application,
including the make and model number, year of vehicle and vehicle identification
number. No vehicle may be listed on more than one application, and
there can be no transfer of vehicles between towers, even if the other
has similar owner(s) to another tower.
(7)
The tower shall contact the New Jersey State Police
at (609) 882-2000 and request background check forms for each owner,
member of the corporation, director, stockholder, partner and employee.
The tower, upon receipt of the forms, will have each employee, owner
and other person having an ownership interest in the business complete
the forms and return the original forms with the required funds for
each form and a copy of each form to the Borough of Rockaway Police
Department. This procedure will be followed by the licensed tower
for each new hire. No person found to have a criminal record shall
have an ownership interest in a licensed tower's business.
[Amended 9-13-2007 by Ord. No. 13-07]
B.
No license shall be granted to a tower unless and
until he 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.
C.
Upon receipt of complete application, the Borough
Clerk shall forward a copy to the Chief of Police or his designee
for his review and recommendation. The review by the Chief of Police
or his designee shall consist of the following:
(1)
A background check to determine if either the applicant [all owners as defined in Subsection A(1) above] or the applicant's personnel (all persons authorized or licensed to drive a towing vehicle) have been convicted of a criminal offense or have had their driver's license suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for disqualification from inclusion on the official towers list. No person who has been convicted of a criminal offense or whose driver's license has been suspended shall be employed as a driver of a tow truck or wrecker by the official tower. A background check shall be made for any person employed by the official tower after a license has been issued.
(2)
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.
A.
After receiving a letter of application for a towing
license, the Chief of Police shall conduct or cause to be conducted
an investigation to determine the truth and accuracy of all the information
contained in the application, whether the applicant and all employees
are fit and proper persons to conduct the proposed business, whether
the applicant has demonstrated, by his equipment capacity, the location
of the business and the location to which requests will be directed
during on-call hours, the ability to respond to calls 24 hours a day
and whether such ability to respond is sufficient to provide a response
to any location within the Borough of Rockaway within 10 minutes of
request made by the Police Department of the Borough of Rockaway from
6:00 a.m. to 6:00 p.m., and 20 minutes from 6:01 p.m. to 5:59 a.m.
The investigation shall be completed within 21 days of receipt of
the application from the Borough Clerk. Upon completion of his investigation,
the Chief of Police shall forward a copy of the letter of application
for a towing license to the Borough Mayor and Council, along with
a recommendation for approval or disapproval of the license and the
reasons, if any, for disapproval.
B.
Upon receipt of the application, the Mayor and Borough
Council shall determine within 14 days, or at its next public meeting,
whichever is later, whether or not the applicant has complied with
all the necessary standards and criteria, and if it shall so find,
the license shall be issued to the applicant, and the applicant's
name shall be placed at the end of the towing list. The applicant,
or its representative, shall be given notice of the date on which
the Mayor and Council shall consider the application and shall be
permitted to appear and to be heard at that time. Written notice of
the approval or denial of the application shall be provided to the
applicant within seven days of the decision of the Mayor and Council.
The Borough of Rockaway towing list shall consist of three towers.
It will be up to the Chief of Police or his designee to determine
if more than three towers are warranted.
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 his designee for submission to the official
tower.
B.
Said licenses and identifying decal shall be affixed
by the Chief of Police, or his designee at police headquarters, which
shall be in the form approved by the Mayor and Council, and shall
be displayed on the tow vehicle or flatbed vehicle at all times.
C.
Expiration, renewal; revocation.
(1)
Each official tower's license shall expire December
31 of every calendar year, and the license shall run for the calendar
year only. Each applicant for an official tower's license or renewal
shall apply for such license on or before October 1 of any calendar
year for the next succeeding calendar year, and the license shall
not be transferable or assigned and may be subject to revocation by
the Mayor and 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 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 time other 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.
A.
No towing license shall be issued under this chapter
until the applicant has provided the Borough Clerk with a certificate
of insurance which complies with N.J.S.A. 39:3-84.8. This insurance
shall remain in effect during the entire term of licensure. On all
liability policies, the Borough of Rockaway shall be added as an additional
insured, and insurance certificates shall indicate such coverage as
primary coverage notwithstanding any insurance carried by the Borough.
[Amended 9-13-2007 by Ord. No. 13-07]
B.
The tower shall indemnify the municipality and the
public against any loss due to injuries, accidents or damages of any
character whatsoever where any such damage is the result of act or
omission of the tower, his agents or employees in or due to the execution
of the work called for under the contract.
C.
Certified copies of all insurance policies provided
above or certificates thereof satisfactory to the Borough of Rockaway
shall be furnished forthwith. Each such policy or certificate shall
contain a provision that it is not subject to change, cancellation
or nonrenewal unless 30 days' prior written notice via certified mail,
return receipt requested, shall have been given to the Borough of
Rockaway by the tower's insurer. These must be received 30 days prior
to the commencement of work.
D.
The providing of any insurance required herein does
not relieve the tower of any of the responsibilities or obligations
assumed by the tower for which the tower may be liable by law or otherwise.
E.
If any policies contain deductibles or copayments,
it shall be the responsibility of the tower to pay such sums at the
same time a claim is settled by the tower's insurance company.
F.
If any policies contain limits of liability with an
aggregate limit, the tower or the tower's insurance company shall
provide the Borough, quarterly during the policy period, a statement
evidencing the limits of liability required under this chapter to
be in force.
G.
Failure to provide and continue in force such insurance
as required above shall be deemed a major breach of the chapter and
shall cause immediate termination thereof.
H.
All policies shall be written in either a company
licensed to do business in the State of New Jersey or a New Jersey
eligible Surplus Lines Company, with a minimum best rating of A-.
They shall be written on an ISO (Insurance Service Office) form or
better.
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle with wheel lift, one flatbed vehicle and at least one
medium- or one heavy-duty towing vehicle of at least 26,000 pounds
gross weight. Registration documents shall be shown to the Borough
certifying registration is the same or better than the gross weight
vehicle (GWV) of the vehicle as plated on the vehicle.
(2)
Vehicle classes.
(a)
Tow vehicles of 26,000 pounds gross vehicle
weight or less must be equipped with a boom or winch assembly mounted
on the chassis, a tow sling or tow bar and a wheel lift assembly or
underreach. The winch assembly must have 100 feet of at least three-eighths-inch
or seven-sixteenths-inch steel cable attached to a motor driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
the transporting of vehicles.
(3)
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 shall have two-way radio
or cellular telephone capability with a dispatching center on a twenty-four-hour
basis.
(2)
Every tow vehicle or flatbed shall be equipped with
the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicles, 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 of New Jersey, must be filed in the office of the Chief
of Police and Borough Clerk.
(b)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber or red colored.
(c)
Extra chains and cables 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 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 designee
at any time. Where applicable, all permits required by other agencies
than the Borough shall be provided to the Borough upon the request
of the Borough.
(4)
Every tow vehicle or flatbed vehicle shall display
the official tower's decal and shall have the name of the official
tower, by permanently affixed or painted sign, prominently displayed
on the outside panels of the vehicle (both sides). The sign shall
be at least three inches in height and diameter, visible to the naked
eye, and the names must be the same on both panels.
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 services covered by this chapter shall meet the
following requirements and be subject to the following regulations:
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building
and 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. Each tow vehicle must be stored at the official
tower's licensed site. All official towers located within the Borough
cannot store vehicles on the thoroughfares of the Borough, whether
under the auspices of the Borough, County of Morris or State of New
Jersey, without Borough approval. Storage of vehicles on the thoroughfares
of other municipalities wherein Borough towers are located are subject
to the requirements of those municipalities.
(b)
The location of the storage area shall be either
within the limits of the Borough or in those municipalities which
are contiguous to the Borough. In those contiguous municipalities,
the site and office must be within three miles from the border of
the Borough.
(c)
The outside storage area shall be fenced with
an acceptable screened material six feet in height. The fenced area
shall be no less than 3,000 square feet in area. The storage area
shall have a suitable gate and be installed with a locking device
or similar on site security. The facility is to be lighted at night.
(d)
The inside storage area shall be heated, well
lighted and clean.
(e)
The storage areas shall be available 24 hours
per day, 365 days per year and shall be open to the public on weekdays
during normal business hours. For weekend access, prior arrangements
need to be made between the tower and the customer. The applicant
shall prominently display the hours during which the facility will
be open on weekends. The storage area must have a building on the
premises where the official tower states it is doing business wherein
a permanently installed telephone is located which must be in the
name of the official tower and listed in at least one telephone book
promulgated with telephone numbers for residential and commercial
entities within the Borough of Rockaway. 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 the subsection for the
calendar year of the license in question, which shall not be changed
within that calendar year.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open. While
the official tower is serving on his rotation week and as the first
backup, the official tower shall be available for vehicle pickup 24
hours a day; at other times, the tower shall be available for pickup
of vehicles between 7:00 a.m. and 5:00 p.m. unless other arrangements
are made.
[Amended 9-13-2007 by Ord. No. 13-07]
(g)
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 and/or any other location to anywhere
else.
(2)
The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3)
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.
E.
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 or she wishes to take possession
of the vehicle during normal business hours.
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 at the end of that
list. Tow list shall consist of at least three towers. This list is
at the discretion of the Chief of Police or his designee.
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 tow vehicle is available, or the estimated
time of arrival 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 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 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 designee shall request such service from
such other person as the owner of the motor vehicle in need of such
services may request, provided that service is responded to within
30 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.
[Amended 9-13-2007 by Ord. No. 13-07; 10-13-2016 by Ord. No. 21-16; 6-23-2022 by Ord. No. 14-22]
A.
Fees for the towing and storage of private passenger
vehicles damaged in an accident or recovered after being stolen may
not exceed the fees established by the Department of Insurance, if
any. In the event the fees are enacted and/or revised by the Commissioner
of Insurance, the enacted or revised fees shall be the maximum fees
that may be charged by the official towers, and this chapter shall
be amended annually. All charges are per vehicle unless otherwise
indicated.
(1)
The following rates are applicable within the purpose
and intent of this chapter:
(b)
Administrative charge: $35 per vehicle.
(c)
Cleanup and/or labor charge: $75 per hour standard; $95 per
hour extended with a one-hour minimum.
(d)
Recovery.
[1]
Category I (above): $175 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[2]
Category II (above): $275 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[3]
Category III (above): $500 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
(e)
Road service (jump starts, lockouts, tire changes, etc.; all
passenger vehicle types): $65 per vehicle
(h)
Vehicle removal: $50 per vehicle.
B.
The towing operator must only charge the rates set
forth in this contract and in conformity with these provisions. No
other charges or fees are permitted.
C.
The towing operator must not exceed those rates regulated
by the New Jersey State Department of Insurance set forth in N.J.A.C.
11:3-38.1 et seq.
D.
The towing operator must provide a current and complete
rate schedule to all customers and must conspicuously display the
rate schedule at all storage facilities.
E.
The towing operator must tow the motor vehicle from
the location of the police request to the towing operator's storage
facilities. This shall constitute a single tow rate.
F.
The towing operator is expressly prohibited from charging
the owner of the vehicle for towing the vehicle from the original
storage facility to another storage facility affiliated with the towing
operator.
G.
The towing operator is prohibited from charging a
release fee for releasing vehicles after normal business hours.
H.
The towing operator must accept Visa and MasterCard
credit cards and major auto club membership cards 24 hours a day,
every date of the year.
I.
The towing operator must not charge the owner any
additional fees for pulling the vehicle onto the flatbed truck. Winching
fees are only permitted to pull the vehicle back onto the roadway
and put the vehicle in proper position to hook the vehicle to the
tow truck.
J.
Mileage fees are not permitted. Additionally, no other
fees or charges are permitted except as set forth above. In the event
of an extraordinary circumstance which would invoke undue hardship
to the towing operator, the Rockaway Police Department Traffic Bureau
must be notified at 973-627-1851 to obtain written approval before
the imposition of any assessment.
A.
No towing operator shall engage in cruising as defined
in this chapter.
B.
No towing operator shall solicit or attempt to divert
patrons of another towing operator whether or not licensed under this
section, nor shall a towing operator solicit or divert prospective
patrons of a given repair service to any other repair service, nor
shall any police office designate or suggest any towing operator to
perform service.
A.
The enforcement agency or committee shall be formed
upon final passage of this chapter and shall be appointed by the Mayor,
and shall serve at the pleasure of the Mayor, which shall be known
as the "Public Safety Committee." The enforcement agency shall enforce
the provisions of this chapter, subject to appeal to the Mayor and
Borough Council.
B.
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.
C.
The enforcement agency shall have the power to issue
subpoenas to compel attendance at the hearing.
D.
In the event that a complaint is received by the Borough,
through either the Borough Police Department (of a noncriminal nature)
or the Borough Clerk or the Public Safety Committee, involving the
improper or unsatisfactory performance of services by an official
tower, 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. Said notice
will be mailed within 72 hours of the receipt of the complaint, not
counting legal holidays. The official tower shall make a written response
to such complaint within five calendar days from receipt of the written
notice.
E.
The enforcement agency, after hearing the matter,
shall make a determination as to whether or not the complaint was
justified. If the complaint was justified, the hearing authority shall
have the authority to suspend the official tower's license until the
next rotation. Further disposition of such complaint, by appeal of
the enforcement agency's action, shall be to the Mayor and Council,
which shall conduct a hearing regarding the complaint at the next
public Council meeting or within 14 days of the enforcement agency's
findings, whichever is later.
F.
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.
G.
If, after considering the matter and the findings
by the enforcement agency, the Mayor and 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.
H.
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.
I.
Action.
(1)
In addition to the foregoing procedures, in the event
that the tower fails to comply with any major terms or conditions
of this chapter, or charges fees in excess of those set forth in this
chapter, the enforcing authority shall have the authority to take
the following actions:
(a)
First offense: issue a letter of warning detailing
the violation of the agreement.
(b)
Second offense: suspend the tower's operations
under the chapter for 96 hours and utilize alternate towers during
this period.
(c)
Third and subsequent offenses: suspend the tower's
operations under the chapter for 120 hours and use alternate towers
during this period.
(2)
For the benefit of both the tower and the Borough,
it is desirable to provide remedies short of suspension or cancellation
of the tower's services. Therefore, violations of the following provisions
shall be deemed minor violations: identification of vehicles or employees,
equipment or facilities, personnel, conduct, availability and response
time, and site cleanup. Minor violations shall be handled on an informal,
verbal basis; however, three minor violations of a similar nature
will be treated as a major violation and shall trigger a written letter
of warning and, if necessary, the subsequent sanctions for a major
violation.
J.
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.
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 a fine of not less than $100 and not to exceed $2,000.
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.
[Amended 8-24-2006 by Ord. No. 15-06]
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.
