[HISTORY:[1] Adopted by the Township Council of the Township of East
Hanover 3-18-1999 by Ord. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Gasoline filing stations — See Ch. 89.
[1]
Editor's Note: Former Ch. 149, Towing, adopted
12-7-1989 by Ord. No. 40-1989, was repealed 3-5-1998 by Ord. No. 1-1998.
A.
No towing operator on or after July 1, 1999, shall
operate within the Township of East Hanover for police-requested towing
services and/or storage services unless the towing operator has obtained
a license issued by the Township of East Hanover.
B.
The requirement for an initial license under this
chapter shall commence on July 1, 1999, and licenses shall be required
to be renewed each year thereafter.
C.
There shall be no limitation on the number of licenses
issued and in effect at one time, so long as each licensee meets the
requirements of this chapter and complies with the Tow Operators Rules,
Regulations and Guidelines established by the Police Department of
the Township of East Hanover.
D.
The application for a license under this chapter shall
be upon forms made available through the office of the Township Clerk.
A.
Owner-requested service. No tow operator license shall
be required for the on-site repair and/or the towing or storage of
any vehicle when the request is received by the towing operator from
the owner/operator prior to a police request, or if the owner/operator
of a vehicle requests the police contact a tow company of his choice
and on the owner/operator's behalf.
A.
Upon this chapter becoming effective, applications
for an annual license or the renewal thereof must be received by the
Township Clerk before June 1 of each year for processing before July
1 of the license year.
B.
The Township Clerk will forward all qualified applications
(a completed application with applicant fee paid) to the Chief of
Police within five days of receipt. The Chief of Police will conduct,
or cause to be conducted, an investigation of each application to
determine the truth and accuracy of the information contained in said
application, background check, survey of equipment, compliance with
established rules and regulations and such other pertinent matters
related to potential licensing or renewal. Upon concluding his review,
the Chief of Police will return a copy of the application to the Township
Clerk, along with his recommendation for approval or disapproval of
a license and the reasons, if any, for disapproval. The Township Clerk
shall issue a tow operator license to each qualified applicant, and
thereafter, the licensee's name shall be placed on the East Hanover
Township Police Department licensed tow operator's list. The Clerk
shall forward to any person rejected for a license a copy of his application
with the reasons for disapproval noted thereon. There shall be no
refund of application fees.
C.
The term of the license shall be for one calendar
year commencing July 1 and expiring on the next succeeding July 1.
The license shall list the name of the tow operator business and each
employee licensed thereunder.
D.
Each licensee shall be required to maintain in full
force and effect during the term of its license insurance coverage,
including comprehensive general liability insurance, comprehensive
automobile liability insurance and worker's compensation insurance
with limits of not less than those set forth in the rules, regulations
and guidelines for tow operators, and provide proof of such coverages
to the Township Clerk at the time of filing of its license application.
E.
In the event of any revocation or termination of a
license for failure to comply with this chapter or the Tow Operators
Rules, Regulations and Guidelines, no refund shall be given, and payment
of another initial application fee shall be required upon applying
for reinstatement.
All application fees submitted to the township
are nonrefundable and shall be utilized to offset the cost of processing
of the said application and license.
A.
The Police Department of the Township of East Hanover
may conduct a thorough background check of the licensee, its officers,
principals and employees prior to granting a license. A conviction
for felony and/or a motor vehicle record evidencing unsafe driving
habits or a disgregard for the New Jersey Motor Vehicle laws will
be considered ample reason to disqualify any applicant. Each prospective
licensee shall furnish with its application executed background check
waivers for all officers, principals and employees, in the form provided
by the Chief of Police.
B.
Each licensee shall submit the names of all employees
newly hired during the term of the license for a background check
which may be performed by the Township Police Department prior to
such individuals performing any services as described in this chapter.
The license shall be subject to termination for failure to submit
employees to such a background check.
A.
The Chief of Police shall have the right, in his sole
discretion, to suspend any license issued under this chapter upon
the determination that there has been a violation of the East Hanover
Township Tow Operators Rules, Regulations and Guidelines by the licensee
or its employees.
B.
The Chief of Police shall be the sole administrator
of the Police Department's licensed tow operators list (once established),
and any violations or complaints concerning any licensed tow truck
company/operator shall be addressed to the Chief of Police.
C.
Any license suspended shall cause the company to be
removed from the list. The licensed tow company which has been suspended
may reapply in accordance with the provisions of this chapter to be
placed on the list as of January 1 of the year after the suspension.
D.
The appeal of a suspension shall be made in writing
through the Township Clerk's office to the Township Council within
10 days.
E.
A suspension may be appealed by submitting a written
request for a hearing to the Township Council. A hearing shall be
conducted by the Council within 30 days of receipt of the appeal,
at which time the Chief of Police shall indicate the basis for the
suspension on the record. The licensee shall be afforded the opportunity
to testify and present relevant witnesses and proof at the hearing.
The Council may thereafter affirm, modify or reverse the suspension.
A.
Rules and regulations. The Chief of Police is hereby
given the authority to promulgate and thereafter amend rules, regulations
and guidelines necessary to carry out the intent and purpose of this
chapter. The initial rules, regulations and guidelines for tow operators
are available for public inspection at the offices of the Township
Clerk and Chief of Police, and said rules, regulations and guidelines
are hereby adopted.
B.
Rates. There is hereby established a maximum fee rate
schedule for the towing and storage by licensees under this chapter,
annexed hereto as Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
All licensees, by applying for and accepting
a tow operator's license under this chapter, agree to and shall indemnify
and hold the Township of East Hanover and its officers and employees
harmless from any liability, expense or costs of suit, including reasonable
attorney's fees and costs, arising out of or resulting from any action
of the tow operator in performing towing and storage services in the
Township of East Hanover.
Any person or entity who shall be found to have
violated any section of this chapter or to have submitted a false
or misleading application, shall, in addition to penalties hereinafter
provided in this chapter, be subject to removal from the tow operators
list and/or revocation of his or its license. Upon conviction of a
violation of this chapter, the person or entity shall be punishable
by a fine not to exceed $1,000 and/or by imprisonment for up to 90
days and/or by a period of community service not exceeding 90 days,
in the discretion of the Court.
