Borough of Rockaway, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 8-12-2004 by Ord. No. 07-04. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 65.
Vehicles and traffic — See Ch. 241.

§ 229-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE CHARGES
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.
AUTOMOBILE
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).
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, 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.
CATEGORY I VEHICLE
All vehicles up to 10,000 pounds gross vehicle weight (GVW).
[Amended 10-13-2016 by Ord. No. 21-16]
CATEGORY II VEHICLE
All vehicles 10,001 pounds to 26,000 pounds GVW.
[Amended 10-13-2016 by Ord. No. 21-16]
CATEGORY III VEHICLE
All vehicles 26,001 pounds and over GVW.
[Amended 10-13-2016 by Ord. No. 21-16]
CLEAN UP (EXTENDED)
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 (STANDARD)
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]
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.
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 locked gate. The facility is lighted at night.
RECOVERY
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.
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. of the succeeding day.
TOW VEHICLE
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.
TOW VEHICLES BASE OR PLACE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed or when not in use.
VEHICLE REMOVAL CHARGE
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.
WAITING TIME
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.
WINCHING
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.

§ 229-2 Designation and licensing of official towers.

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.

§ 229-3 Furnishing of service by official towers.

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.

§ 229-4 Application for official tower license.

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.
(3) 
An updated list of personnel with all information required pursuant to Subsection C(1) above provided to the Borough Clerk at least 10 calendar days prior to the tower assuming its position as the Borough's official tower.

§ 229-5 Investigation.

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.

§ 229-6 Issuance of license.

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.

§ 229-7 Insurance.

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.

§ 229-8 Minimum standards of performance.

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:
(1) 
Be competent and able to provide minimum road service for disabled vehicles.
(2) 
Have a valid commercial driver's license under the laws of the State of New Jersey.
(3) 
Obey all traffic laws and regulations.
(4) 
Not have been convicted of a crime within the past year.
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.

§ 229-9 Order of list of official towers; rotation.

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.

§ 229-10 Towing and storage fee schedule.

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.
[Amended 9-13-2007 by Ord. No. 13-07; 10-13-2016 by Ord. No. 21-16]
(1) 
The following rates are applicable within the purpose and intent of this chapter:
(a) 
Towing charge.
[1] 
Category I (all vehicles up to 10,000 pounds GVW): $125 per vehicle.
[2] 
Category II (all vehicles 10,001 to 26,000 pounds GVW): $250 per vehicle.
[3] 
Category III (all vehicles 26,001 pounds and over GVW): $400 per hour per vehicle.
(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
(f) 
Storage: inside building.
[1] 
Category I (above): $50 per day.
[2] 
Category II (above): $75 per day.
[3] 
Category III (above): $100 per day.
(g) 
Storage: outside secured.
[1] 
Category I (above): $35 per day.
[2] 
Category II (above): $50 per day.
[3] 
Category III (above): $75 per day.
(h) 
Vehicle removal: $50 per vehicle.
(i) 
Waiting time.
[1] 
Category I (above): $100 per hour, to be charged in thirty-minute increments with a one-hour minimum.
[2] 
Category II (above): $200 per hour, to be charged in thirty-minute increments with a one-hour minimum.
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.

§ 229-11 Prohibited activities.

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.

§ 229-12 Miscellaneous provisions.

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.

§ 229-13 Violations and penalties.

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.