[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 10-2-1996 by Ord. No. 42/96. Amendments noted where applicable.]
GENERAL REFERENCES
Parking — See Ch. 277.
Municipal parking lots — See Ch. 280.
Abandoned vehicles — See Ch. 381.
Vehicles and traffic — See Ch. 384.
Motor-driven vehicles — See Ch. 387.
Storage of vehicles — See Ch. 391.
WHEREAS, pursuant to N.J.S.A. 40:48-2.49, the Town of West New York may, by ordinance, regulate the removal and storage of motor vehicles within the town; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5(u), the town may establish a rotation list of official towers to provide towing, wrecker and storage service without public bid; and
WHEREAS, the governing body, by this ordinance, desires to establish such a rotation list of official towers, to establish qualifications for inclusion on that list and to set forth regulations governing the towers on that list:
A. 
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE
A motor vehicle 10,000 pounds or less registered gross vehicle weight (GVW).
[Amended 8-19-2009 by Ord. No. 22/09; 1-15-2014 by Ord. No. 30/13]
BASIC TOWING SERVICE
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, including service provided in connection with the provision of emergency road services. Basic towing service does not include 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, in connection with or related to the repossession of an automobile; or the 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.
[Amended 8-19-2009 by Ord. No. 22/09]
INSIDE BUILDING
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.
MOTOR VEHICLE ACCIDENT
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.
[Amended 8-19-2009 by Ord. No. 22/09]
OUTSIDE SECURED
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 passive alarm system or a similar on-site security measure. The facility is to be lighted at night.[1]
REPOSSESSION
A creditor’s attempt to gain possession of an automobile pursuant to N.J.S.A. 12A:9-609 under a claim of right thereunder.
[Added 8-19-2009 by Ord. No. 22/09]
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
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.
TOW VEHICLE
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.
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
[1]
Editor's Note: The former definition of "outside unsecured," which immediately followed, was repealed 1-15-2014 by Ord. No. 30/13.
A. 
The Director of Public Safety shall appoint 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 service, whereby damaged, impounded, disabled, abandoned, immobile or illegally parked motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this chapter. Such persons or companies shall be known as "official towers."
B. 
Official towers shall be identified by means of a license which shall be issued as hereinafter provided.
A. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged, impounded, disabled, abandoned, immobile or illegally parked within the limits of the town, when requested to do so by an authorized town official.
B. 
No official tower shall subcontract any work to be performed pursuant to this chapter without having first obtained prior written approval from the governing body. Any official tower to whom approval to subcontract work has been given shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this chapter by the subcontractor.
A. 
Applications for inclusion on the official towers' list shall be made to the Director of Public Safety upon a form provided by and submitted to the License Bureau and shall contain all of the following information:
[Amended 1-15-2014 by Ord. No. 30/13]
(1) 
The name, residence and business address and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of the issued stock.
(2) 
Such information as may be required by the Director of Public Safety concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
(3) 
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.
(4) 
Each towing operator shall be licensed. The fee for each towing operator who is listed on the towing rotation shall be $7,000 for a three-year period.
(5) 
The names and addresses of two business references 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.
(6) 
The names and addresses of any other public agencies which the applicant has or is contracted with in the last five years.
B. 
Upon receipt of a complete application, the License Bureau shall forward a copy to the Director of Public Safety for review and approval. The review by the Director shall consist of the following:
[Amended 1-15-2014 by Ord. No. 30/13]
(1) 
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's licenses 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.
(2) 
An inspection of the personnel, vehicles, equipment and storage area 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.
(3) 
A check with State Division of Consumer Fraud to determine if the applicant has had complaints filed against it and the findings of such complaints. A sufficient number of verified findings against the applicant shall be cause for disqualification.
(4) 
An investigation and inquiry with any other public agencies which the applicant presently or previously has contracted for towing to determine the applicant's compliance in their rules and regulations. Failure to comply with other agencies may be cause for disqualification.
C. 
An applicant may be included on the official towers' list by the Director of Public Safety when, from a consideration of the application and from such other information as may otherwise be obtained, the Director 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 approved by the Chief of Police.
(4) 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their drivers' licenses suspended within the past year. In the discretion of the Director of Public Safety, an applicant may be granted a license pending return, of a criminal record search.
D. 
The Licensing Officer shall conduct a review and render a report to the Director of Public Safety, recommending either approval or denial of the application, within 60 days of receipt of the application. The applicant, or its representative, shall be given notice of the date on which the Director of Public Safety will consider the application and shall be permitted to appear and be heard at that time. The Director of Public Safety's recommendation may be subject to a return of background investigation.
[Amended 1-15-2014 by Ord. No. 30/13]
E. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Director of Public Safety. Notice can be by regular mail or other electronic means such as e-mail.
[Amended 1-15-2014 by Ord. No. 30/13]
F. 
In the event the application is not approved or denied within 60 days, the applicant may file an appeal within 10 days after receipt of such notification with the Town Administrator requesting a hearing. Notice of the appeal must also be filed with the Director of Public Safety.
[Amended 1-15-2014 by Ord. No. 30/13]
G. 
If approval is granted by the Director of Public Safety, the same is contingent upon receipt of a completed background investigation and shall be revoked in the event of negative results.
[Amended 1-15-2014 by Ord. No. 30/13]
H. 
The Town reserves the right to limit the number of approved towers on the official rotation list to three in order to promote efficiency and consistency.
[Added 1-15-2014 by Ord. No. 30/13]
A. 
Upon approval of the application as herein provided, the Licensing Officer shall issue the applicant an official towers' license for each tow vehicle to be utilized in providing services pursuant to this chapter.
[Amended 1-15-2014 by Ord. No. 30/13]
B. 
Said licenses, which shall be in a form approved by the Director of Public Safety.
[Amended 1-15-2014 by Ord. No. 30/13]
C. 
The licenses shall be valid for a period of two years from the date of issuance, shall be nontransferable and shall be subject to revocation by the Director of Public Safety for any of the following reasons:
(1) 
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.
(2) 
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.
(3) 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
(4) 
Unsatisfactory service provided pursuant to this chapter.
D. 
At the expiration of the three-year license period, if no cause for removal from the official towers' list has been shown, the applicant's license may be renewed for an additional three-year period upon submission of an application under § 377-4.
[Amended 1-15-2014 by Ord. No. 30/13]
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 two regular tow vehicles, two flatbed vehicles and one heavy-duty tow vehicle.
[Amended 1-15-2014 by Ord. No. 30/13]
(2) 
Vehicle classes.
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lift assembly at least 100 feet of either three-eighths inch or seven-sixteenths-inch 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 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 requirements.
(1) 
Every tow vehicle or flatbed vehicle shall have two-way communications capability with a dispatching center on a twenty-four-hour basis.
[Amended 1-15-2014 by Ord. No. 30/13]
(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 of the vehicle, visible from 360° when in use and visible at a minimum distance of 500 feet during daylight hours.
(b) 
One snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored.
(d) 
Extra chains and cable for pulling or securing a towed vehicle.
(e) 
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 onto the roadway 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. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the Director of Public Safety.
(4) 
Every tow vehicle or flatbed vehicle shall display the official towers' license and shall have the name of the official tower displayed on the vehicle in such a manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
C. 
Minimum personnel requirements.
(1) 
Official towers shall have available, at all times, a minimum of four persons to provide the services required by this chapter.
(2) 
All persons employed by official towers to provide the services required by this chapter shall meet the following requirements and be subject to the following regulations. They shall:
(a) 
Be competent mechanics able to provide minimum road services for disabled vehicles.
(b) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
(c) 
Be mentally alert and present a neat appearance at all times.
(d) 
Obey all traffic laws and regulations.
(e) 
Be subject to inspection by the Director of Public Safety or his designee and shall be approved by the Director prior to rendering any services pursuant to this chapter.
[Amended 1-15-2014 by Ord. No. 30/13]
(f) 
Not have been convicted of a crime nor have had their driving privileges suspended or revoked within the past year.
D. 
Minimum storage requirements.
(1) 
Every official tower shall maintain an inside building or outside secured storage area meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of 50 passenger vehicles and one tractor and trailer. The area shall have an indoor secured area for the storage of five police hold vehicles. This area shall be equipped with a door to which the Police Department can attach its own padlock.
[Amended 1-15-2014 by Ord. No. 30/13]
(b) 
The location of the storage area shall be either within the limits of the town or at such location outside of the town as to facilitate reasonable towing distances. If located out of town, it must provide transportation to the storage location from the police station or accident scene.
(c) 
The storage area shall be fully enclosed by a sturdy fence having a minimum height of six feet, with at least one lockable gate for ingress and egress, and shall be lighted from dusk to dawn.
(d) 
The storage area shall be in an area legally zoned for such use.
(e) 
The storage facility shall be available for towing and to the public 24 hours a day, 365 days per year.
(f) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The official tower shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(h) 
The Official Tower shall have 20 spaces available for use by the Town of West New York to store abandoned vehicles. The Tower shall keep the junk vehicles for a minimum of six months. During the six-month period, the Town shall comply with the provisions of N.J.S.A. 39:10A-1 through 7 and attempt to notify the vehicle owner. If the vehicle owner cannot be located and the vehicle qualifies as a junk vehicle, then the vehicle shall be processed for a junk title. Once junk titles have been obtained and it is determined that the value of the vehicles are below 15% of the bid threshold, then the Board of Commissioners can determine that the vehicles are surplus property and the junk vehicles released to the Official Tower, who has stored the vehicles, to offset the cost of towing and storing the vehicles. The Official Tower shall accept the junk vehicles as full payment for the storage of these vehicles. The Town shall not be liable for any additional costs for the towing or storage of the vehicles.
[Added 1-15-2014 by Ord. No. 30/13; amended 8-19-2015 by Ord. No. 12/15]
(2) 
No vehicles may be stacked during storage unless the stacking equipment is approved by Chief of Police.
(3) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(4) 
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.
A. 
Official towers shall be placed on the list in the order in which their application is approved. 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 town shall request wrecking, towing and storage services from each official tower in monthly 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 if the response time will exceed 20 minutes, the next official tower on the list shall be called, and so on. If none of the official towers are available or able to provide such services as are requested by the town, the town may request such services from any other available source.
C. 
All requests for service shall be made by the Administrator, Superintendent of Public Works or any member or the Police Department or Fire Department and must be reported immediately to the police desk. The Police Department should forward said request to the tower.
D. 
The town shall request service only from official towers; provided, however, that if no emergency or road hazard exists, the town shall request such service from such other person as the owner of the motor vehicle in need of such services may request. All cars towed by a licensed tower under the auspices of this chapter shall tow said vehicles to town-owned and/or -maintained storage facilities. In the event said facility is unavailable, the licensed tower shall then tow the vehicle to its own storage facility.
[Amended 12-3-1997 by Ord. No. 33/97]
E. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the town over any other requests which may be received by the official towers.
Applicants shall agree in writing to assume the defense of and indemnify and hold harmless the town, its elected officials, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the town may be subjected to 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 the town pursuant to this chapter. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Town Attorney prior to being included on the official towers' list.
A. 
No person shall be included on the official towers' list unless and until such person has provided to the town a certificate or certificates of insurance evidencing that there is in effect the following insurance coverage:
(1) 
Automobile liability insurance in an amount not less than $1,000,000 combined single limits.
(2) 
Workers' compensation as required by law.
(3) 
Garage keepers liability in an amount not less than $200,000 per location.
[Amended 1-15-2014 by Ord. No. 30/13]
(4) 
Garage liability in an amount not less than $1,000,000 combined single limit.
(5) 
Sufficient comprehensive general public liability insurance to protect the town from any liability, loss or damages arising out of the activities to be conducted. Such insurance shall be in the minimum amount of $1,000,000 for each person and $3,000,000 for each accident.
B. 
Policies of insurance shall contain endorsements to provide collision coverage from vehicles in tow.
C. 
Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey. Insurance companies shall be acceptable to the town and shall have at least a B+ rating by a recognized rating service.
D. 
The Town of West New York shall be named as an additional insured on all policies of insurance provided pursuant to this chapter. All certificates of insurance shall provide that the policies may not be canceled, terminated or coverage decreased without 30 days' written notice to the town.
E. 
Policies of insurance required by the this chapter shall be maintained in full force and effect at all times. In the event that any coverage is canceled, terminated, interrupted or decreased in amount, the tower shall be removed from the official towers' list until such time as the required coverage is reinstated or replaced.
[Amended 12-3-1997 by Ord. No. 33/97; 8-19-2009 by Ord. No. 22/09]
A. 
This chapter is not intended to regulate and set fees for the provision of emergency road services.
B. 
The following charges shall be the charges for basic towing services and storage:
[Amended 1-15-2014 by Ord. No. 30/13]
(1) 
Towing charges.
[Amended 5-17-2018 by Ord. No. 9/18]
(a) 
All vehicles five tons and under: $125.
(b) 
All vehicles over five tons: $250 per hour, two-hour minimum.
(c) 
Motorcycles or motor scooters: $125.
(d) 
Police and other municipal vehicles: All licensees shall be obligated to tow and to make minor roadside service repairs to vehicles owned by the Town of West New York, in the event that they become disabled, without charge to the Town if towed within the County of Hudson.
(2) 
Services related to damaged or motor vehicle accidents.
(a) 
Crash or window wrap: flat fee of $75.
(b) 
Site cleanup: $25 per bag of absorbent and $25 for debris removal.
(3) 
Winching service charge. Winching service charges apply to instances where the vehicle must be pulled back onto the roadway and put in proper position to "hook" the vehicle to the tow truck. These instances include, but are not limited to, vehicles that are positioned in embankments, overturned or positioned in such a precarious manner that normal winching to facilitate the tow is unsuitable. The charges are as follows:
[Amended 5-17-2018 by Ord. No. 9/18]
(a) 
Light tow vehicle: $75 per hour.
(b) 
Heavy tow vehicle (over 10,000 pounds): $150 per hour.
(c) 
Snow-locked vehicles: $50 per tow, additional charge.
(d) 
Winching fees are not applicable to the towing of parked automobiles or minor maneuvering of automobiles prior to towing.
(4) 
Storage charges.
(a) 
All vehicles five tons and under (including motorcycles): $35 per twenty-four-hour period or part thereof. No charge for storage will apply for the first 12 hours.
(b) 
All vehicles over five tons: $100 per twenty-four-hour period or part thereof.
(5) 
Any person found to be in violation of the terms and conditions of this chapter two times within any one year shall have his license to operate a tow vehicle or towing service in the Town of West New York suspended for six months.
(6) 
It shall be the duty of all official towers and towing services to maintain a listing of the rates shown herein in their vehicles and posted at their facilities.
(7) 
If the owner of an unattended vehicle appears on the scene and the vehicle does not need to be towed or impounded, the licensee shall not charge for the service call, unless the vehicle has been hooked up to the tow truck, in which event a flat fee of a towing charge of $80 may be assessed against the owner of the vehicle. The tow operator is not required to wait more than five minutes on scene to receive payment.
[Amended 5-17-2018 by Ord. No. 9/18]
(8) 
There shall be no charge for towing, storage, impoundment if it is determined by the Director of Police that such vehicles have been towed, stored or impounded due to an error by the towing operator or the Police. This determination shall be in the sole discretion of the Director of Police and is binding upon the licensee, who shall make no claims against the Town or the owner of the vehicle, and if payment has been received, the payor shall be reimbursed the full amount.
C. 
The following shall be required:
(1) 
Every official tower shall maintain a written schedule of all rates and charges, in compliance with the limitations in Subsection B hereof, and shall make such schedule available to any person requesting same at any time.
(2) 
Every official tower shall plainly and conspicuously post, in an area within the premises where customers are likely to be present, a schedule of maximum fees and towing charges permitted by ordinance of the Town of West New York.
(3) 
Whenever practicable, the owner or driver of any vehicle utilizing official tower services shall be given a copy of a full schedule of rates at the time the official tower services are rendered. In any event, a full schedule of rates shall be annexed to each bill for wrecking services.
(4) 
Before any license is issued or renewed as provided in this chapter, a representative of the Police Department shall inspect the official tower to determine whether the schedule and statement prescribed by Subsection B of this section are conspicuously displayed on the tow vehicle.
(5) 
Every official tower that performs private property or other nonconsensual towing shall retain, for three years, records of invoices, job orders, documentation of waiting time, logs, documents relating to services performed and rates charged, and any contracts under which the towing company is authorized to perform private property towing services. These records must be made available for review by the Division of Consumer Affairs upon request.
[Amended 5-17-2018 by Ord. No. 9/18]
D. 
The fees set forth in Subsection B for towing rates are the maximum charges that shall apply for basic towing services unless a competent state agency capable of setting rates for local municipal towing has set lower standard or model rates for such services, in which case those shall apply. There shall be no additional charges other than those provided herein, including but not limited to flatbedding, waiting time, cleanup cost and additional labor when only basic towing services as defined are provided.
E. 
The fees set forth in Subsection B for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to an automobile that is stored by a person, unless a competent state agency capable of setting rates for local municipal towing has set lower standard or model rates for such services, in which case those shall apply.
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 Town Hall. 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 the fees that may be charged for all services provided pursuant to this chapter.
C. 
The town reserves the right to make periodic unannounced inspections of the personnel vehicles, equipment and storage areas of all official towers.
D. 
The relationship between an official tower and the town 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 or employment or profit-sharing agreement.
E. 
The municipality shall not be liable or responsible for compensating the official towers for any of the services performed under this chapter unless those services are performed for town vehicles. 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 services rendered and all fees charged and collected. All records shall be available for inspection by the town 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.
A. 
In the event a complaint is received by the Town 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, written notice of the same shall be provided by the Licensing Officer to the official tower involved. The tower shall have the opportunity to respond, in writing, in five days.
[Amended 1-15-2014 by Ord. No. 30/13]
B. 
Within 14 days of receipt of the tower's response, or within 21 days of receipt of the complaint, if no response is received, the matter shall be presented by the Licensing Officer to the Director of Public Safety.
[Amended 1-15-2014 by Ord. No. 30/13]
C. 
The Director of Public Safety shall consider the matter at a hearing and may request that the complainant and the tower involved appear and give testimony regarding the complaint.
[Amended 1-15-2014 by Ord. No. 30/13]
D. 
If, after considering the matter, the Director of Public Safety shall determine that one of the causes for revocation of the official towers' license exists, the license shall be revoked, and the tower shall surrender the same to the Licensing Officer within one day.
[Amended 1-15-2014 by Ord. No. 30/13]
E. 
Failure to surrender the license upon revocation shall constitute a violation of this chapter.
F. 
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. 
Any person who shall violate any of the provisions of this chapter shall be subject to a fine not to exceed $500, and 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.
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 towers' license.