City of Pleasantville, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pleasantville 8-4-2003 by Ord. No. 25-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 155, Art. I.
Abandoned or junked vehicles — See Ch. 276.
Vehicles and traffic — See Ch. 278.
Storage of vehicles — See Ch. 281.
[1]
Editor’s Note: This ordinance superseded former Art. I, Private Towers, adopted 5-7-1990 by Ord. No. 5-1990, as amended, and Art. II, Licensing of Towers, adopted 10-21-1991 by Ord. No. 16-91, as amended.

§ 269-1 Purpose.

The purpose for this chapter is to establish regulations pertaining to the towing and storage of vehicles to the City Tow Lot at the request of the City of Pleasantville Police Department or any other City Department that has the legal authority to order a vehicle to be towed. This chapter is established pursuant to N.J.S.A.40:48-2.9 and N.J.S.A. 40A:11-5(1)(u). This chapter also establishes regulations for the towing of vehicles from private parking lots and other private property at the request of the property owners and which vehicles are then stored in storage facilities other than the City Tow Lot.

§ 269-2 Enforcement.

This City employee authorized to enforce the regulations contained herein shall be the Chief of the Pleasantville Police Department. The Chief is authorized to delegate this authority to a subordinate officer(s) and is also authorized to promulgate procedures and rules consistent with and necessary to the effectuate the provisions of this chapter.

§ 269-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED LICENSED TOWING OPERATOR --
A licensed towing operator that has been approved by the Police Department to provide towing services on behalf of the City.
CITY
The City of Pleasantville.[1]
LICENSED TOWING OPERATOR
A towing operator that has complied with all provisions of this article and whose name appears on the list of licensed towing operators maintained by the Clerk of the City of Pleasantville.
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 or to any other location. This shall include occurrences of vandalism, fire, comprehensive claims and accidents caused by drunk drivers.
OPERATOR
Any person who is in actual physical control of an automobile, truck or motor vehicle.
ROTARY LIST
The list containing the names, addresses, phone numbers, and other pertinent information of the licensed towing operators who have made application and been approved to tow the vehicles at the direction of the City of Pleasantville Police Department and/or other authorized City representative.
[Amended 7-7-2014 by Ord. No. 14-2014]
TOWING SERVICES and/or TOWING
The providing of transportation of automobiles, trucks or motor vehicles that, as a result of accident, collision, breakdown, abandonment or otherwise, are unable to be moved under their own power.
TOW TRUCK
A motor vehicle specifically designed, constructed, used or maintained for the safe transportation of automobiles, trucks or motor vehicles.
TOWING OPERATOR
Any towing firm, individual or company who is in the business of towing vehicles from public or private property in an agreement or contract with the owner or operator of a private lot, facility or property. This definition includes towers who tow vehicles at the request of the vehicle’s owner, such as a service station, garage or other like tower.
VEHICLE
Any motorized vehicle which can only be operated by a licensed operator or which must be registered with a governmental agency that promulgates regulations for such vehicles.
[1]
Editor's Note: The former definition of "City tow lot," which immediately followed this definition, was repealed 7-7-2014 by Ord. No. 14-2014.

§ 269-4 Licensing.

A. 
Each tower shall maintain a valid mercantile license, which shall be prominently displayed at their storage lot or facility.
B. 
A copy of the mercantile license shall be kept in the tow vehicle at all times and must be presented upon demand.
C. 
No mercantile license shall be issued until the following conditions have been met: certificates of insurance showing public liability insurance in the amount of $1,000,000 and property damage insurance in the amount of $1,000,000.

§ 269-5 Tow truck markings and equipment.

A. 
All tow trucks shall have the name of the registered owner, address and telephone number painted or permanently attached to both sides of the vehicle.
B. 
All tow trucks shall be equipped with a rotary or flashing amber light, approved-type fire extinguishers and road flares.

§ 269-6 Mercantile license fees.

Mercantile license fees shall be as follows:
A. 
Licensed towing company/operator: $75. (This fee is subject to change by resolution of City Council).

§ 269-7 Storage facilities.

A. 
All private towers shall be required to maintain a storage lot or facility for all vehicles towed, which shall be located within seven miles of the boundaries of the City of Pleasantville.
B. 
Each tower shall maintain at the storage facility:
(1) 
A log or entry book for recording each vehicle being towed.
(2) 
A copy of each contract authorizing towing services.
(3) 
A copy of the towed vehicle report.
C. 
Each storage facility shall be staffed by a responsible person 24 hours every day while vehicles are being stored or have a responsible person on call.
D. 
Each tower shall be responsible for towing damages while providing towing services.
E. 
After a vehicle has been stored at a towing storage facility for a period of seven days, the tower may tow the vehicle to another facility in Atlantic County, provided that the Pleasantville Police Department has been notified as to the date and time of the removal and to what location the vehicle is being moved.
F. 
It shall be the responsibility of the tower, after at least 48 hours from the time that a vehicle has been impounded, to send a written request to the Division of Motor Vehicles in the state where the vehicle is registered for a certified copy of the registration for the motor vehicle which has been towed.
G. 
Within 48 hours after this information has been received from the Division of Motor Vehicles, it is the responsibility of the tower to notify the vehicle owner of the circumstances surrounding the towing and the charges and fees incurred. The fee for the inquiry to the Division of Motor Vehicles may be added to the fees and charges already outstanding for the initial towing and storage.
H. 
The licensed towing operator shall maintain his business operation at the same location as the compound and maintain his business office at the compound.
I. 
The licensed towing operator shall, on the first day of each month, provide, in writing, to the Clerk and Police Chief of Pleasantville that month’s list of all passenger automobiles, trucks and motor vehicles in the possession of the licensed towing operator over the course of the previous month. Said list shall state the make and model of the passenger automobile, truck and motor vehicle, the year of the same, the registration number of the motor vehicle, the vehicle identification number and a detailed list of all charges and expenses relating to said passenger automobile, truck and motor vehicle, and the date the vehicle was towed.

§ 269-8 Warning signs for towing in private parking lots.

A. 
Warning signs shall be sized in accordance with the following: The size of warning signs shall be a minimum two feet by three feet and six square feet in area and a maximum three feet by five feet and 15 square feet in area.
B. 
Warning signs shall be conspicuously located to be visible to any entrance to any parking lot and shall contain the following information:
(1) 
The name of the tower or towing firm.
(2) 
The twenty-four-hour monitored telephone number.
(3) 
The address or location of the storage lot or facility.
(4) 
The words “unauthorized vehicles will be towed.”
(5) 
The towing fee which will be charged to the owner of the towed vehicle.
C. 
A minimum of two signs as herein described shall be provided in each private parking lot from which towing will be done.

§ 269-9 Towed vehicle report; removal of vehicle.

A. 
Each vehicle to be towed must be inspected by the tower prior to towing for existing damage and a towed vehicle report filled out before the vehicle is removed from its place. The report shall describe the existing damage to the vehicle and one copy shall be kept by the tower, and the original shall be kept by the Pleasantville Police Department for inspection by any interested party.
B. 
No vehicle shall be removed from its original place by any tower until it has been established by the Police Department that said vehicle is not a stolen vehicle or one which has been used in the commission of a crime.
(1) 
Should a vehicle be found to be stolen or wanted in connection with the commission of any crime, The vehicle shall only be towed to the City Tow Lot.
(2) 
Should the NCIC/SCIC computers be down, the Police Department shall authorize the towing of the vehicle and again check with NCIC/SCIC within 24 hours. If the vehicle is found to be stolen or otherwise wanted, the tower shall surrender the vehicle to the care, custody and control of the Pleasantville Police Department at no charge.
C. 
No vehicle shall be hooked, lifted or moved by a tower without the authorization of the Pleasantville Police Department.

§ 269-10 Fees and charges for towing, storage and mileage.

Fees and charges for towing, storage and mileage for all vehicles are as follows:
A. 
If the vehicle has not been lifted prior to the owner’s return to the private parking lot, whether it is hooked up or not, it is to be released by the tower at no charge.
B. 
If the vehicle has been lifted but not removed from the private lot prior to the owner’s return to the lot, a fee of not more than 20% of the authorized towing service fee, as indicated on the warning signs for the lot, may be imposed for the release of said vehicle.
C. 
Any vehicle which has been towed from the private parking lot, regardless of how far, before the owner’s arrival may be assessed the full amount of the authorized towing fee.
D. 
Maximum fee.
[Amended 2-18-2009 by Ord. No. 1-2009; 5-5-2014 by Ord. No. 9-2014]
(1) 
The maximum fee which can be charged for the towing of any vehicle from off of private property and the City rotary towing list shall be as follows:
Service
Maximum Fee
Towing of all vehicles under 6,000 pounds with trailer GVW
$125
Towing of all vehicles weighing over 6,001 pounds up to 9,999 pounds GVW
$135
Towing of all vehicles weighing over 10,000 pounds up to 32,000 pounds GVW
$250
Towing of all vehicles weighing over 32,001 pounds and up
Shall be billed at reasonable prevailing rates
Winching of vehicles
$100
Uprighting of vehicles
$100
Excessive cleanup
$35
Additional truck with driver (This fee shall only apply if the vehicle requires more than one tow operator to tow that specific vehicle.)
$50
Service calls during regular business hours, 8:00 a.m. to 5:00 p.m.
$25
Service calls after hours, Sundays and Holidays
$40
Service calls for flat tire, remove tire and replace with serviceable spare tire, add to above rate
$15
Vehicle storage, inside or outside, per day
$50
Flat bed or dollies
$50
(2) 
Vehicles will be released during normal business hours only.
E. 
Payment of fees and charges provided in this immediate section may be made in cash or by major credit card.
F. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Added 2-18-2009 by Ord. No. 1-2009]
STANDARD CLEANUP
Any cleanup that includes the use of oil dry, cleanup of glass and/or car/vehicle parts that are in the accident/crash area, including point of impact. Any cleanup that does not fall within these parameters shall be considered an excessive cleanup.
WINCHING OF VEHICLE
This service fee does not apply if the vehicle has to be pulled onto the flatbed during a normal tow. This will apply if it is used to but not limited to pulling a vehicle out of a ditch, etc.

§ 269-11 Release of vehicle.

A. 
No vehicle shall be released from storage without the tower first obtaining proper identification from the person claiming the towed vehicle.
B. 
A receipt for the towing service shall be provided, which shall show the following:
(1) 
The towing service’s, name, address and telephone number.
(2) 
The signature of the agent releasing the vehicle.
(3) 
The signature of the person claiming the vehicle.
(4) 
All fees and charges.
C. 
If a vehicle is towed in violation of any section of this article, the vehicle is to be released at no cost for towing or storage.

§ 269-12 Holding of vehicles; auctionable title.

A. 
The towing operator shall submit a written list to the Chief of Police indicating which vehicles have been held for 30 days or more, as delineated by N.J.S.A. 39:10-1 et seq.
B. 
The Chief of Police or his designate will physically examine the vehicle documenting pertinent information, assigning the same a control number and applying for auctionable title through the state.

§ 269-13 City Tow Lot.

[Amended 7-7-2014 by Ord. No. 14-2014]
The City of Pleasantville does not possess a City-owned tow lot. The licensed towing operator shall store the vehicle at their motor vehicle facility and compound. The City of Pleasantville Police Department shall keep a record of all vehicles towed at its direction and the location of the vehicle towed.

§ 269-14 Service provided by towers for City Tow Lot.

Towing operators licensed pursuant to this article agree to provide the following towing services to the City of Pleasantville in the following manner:
A. 
The towing of passenger automobiles, trucks and motor vehicles from accident scenes, including cleaning and removal of debris from the scene of the accident, as well as any necessary waiting time.
B. 
The provision of winching services and dolly-wheel services at scenes of accidents.
C. 
The provision of a flatbed truck for vehicles that cannot be towed in an ordinary fashion.
D. 
The towing and impounding for police investigation purposes of any passenger automobile, truck or motor vehicle at the direction of the Chief of Police.
E. 
The towing of any automobiles, trucks or motor vehicles that are recovered after being stolen.
F. 
The licensed towing operator shall make available for service to the City of Pleasantville at least two trucks having two-way communication equipment on a twenty-four-hour call.
G. 
The licensed towing operator shall provide tow trucks capable of handling the transporting of heavy passenger automobiles and equipped to provide appropriate towing service and road service.
H. 
Licensed towing operators shall equip their tow trucks to provide the following.
(1) 
Mechanic’s tools to perform complete emergency work.
(2) 
Towing and safety equipment.
(3) 
Warning devices, such as lights, flares and flags, to warn other motor vehicle operators of the presence of a disabled or parked vehicle.
I. 
The tow trucks provided by the licensed towing operator shall comply at all times with the statutes and regulations of the State of New Jersey and be subject to inspection by the Chief of Police of the City of Pleasantville.
J. 
The storage of any abandoned, wrecked or disabled passenger automobile, truck or any motor vehicle that might be towed by the towing operator pursuant to this article.
[Added 2-18-2009 by Ord. No. 1-2009]
K. 
The licensed towing operator agrees that no rate or fees for towing service, road service or any other service shall be charged in excess of the maximum rates and fees set forth hereinafter in this article.
[Added 2-18-2009 by Ord. No. 1-2009]

§ 269-15 Rotary list.

A. 
The Police Department shall establish an approved list of towing operators that will be permitted to tow vehicles to the City Tow Lot. Tow operators shall be chosen to conduct the towing operations specified in this chapter on a rotating nondiscriminatory basis. No tow operator may be listed more than one time on the list. No tow operator may lease, rent or otherwise allow another tow operator to use its vehicles or equipment in an effort to obtain additional spots on the rotary list.
B. 
Towing operators shall be authorized in the order that their applications are approved.
C. 
Towing services must be provided on a twenty-four-hour, seven-day-a-week-basis. A tow operator that is selected to respond to a call for towing services must be at the service site within 10 minutes from the time of notification by the Police Department. If the towing operator is not there within this period of time, the Police Department may select another towing operator from the list. Continued violation of this provision may be grounds for removal from the rotary list.
D. 
If no towing operator on the rotary list is available or responds in a timely manner to a call for service, the Police Department may then select a towing operator not on the rotary list.
E. 
During adverse weather conditions or other emergency conditions, all towing contractors on the rotary list shall give priority to requests for towing services to the City of Pleasantville.

§ 269-16 Responsibilities of operator.

A. 
The licensed towing operator agrees that all personnel and equipment used under the terms of this article shall be and remain employees and property of the registered towing operator.
B. 
The licensed towing operator shall at all times maintain direct supervision, management and control over its personnel and equipment, and in no event shall such equipment and/or personnel be represented by said licensed towing operator as belonging to or employed by the City of Pleasantville.
C. 
The licensed towing operator shall agree that it is operating under this article and as an independent contractor and in no manner or sense as an agent or employee of the City of Pleasantville.
D. 
The licensed towing operator shall at no time sublet or assign his license, or any part thereof, or any tow for any purpose.
E. 
The licensed towing operator shall agree to indemnify, defend and hold harmless and reimburse the City of Pleasantville from any and all claims or law suits against the City arising out of the acts, negligence, intentional negligence and/or responsibility of the licensed towing operator.
F. 
Insurance.
(1) 
The licensed towing operator shall, prior to the beginning date of this license, furnish the City Clerk of the City of Pleasantville with certificates of insurance naming the City as an additional named insured, describing the types and amounts of insurance, identifying the coverage to this license by reference and providing for 30 days’ written notice to the City by registered mail prior to any modification, cancellation, nonrenewal or other change in coverage, and containing a severability-of-interests clause as follows: “The term ‘the insured’ is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company’s liability.” The policies must be effective prior to the beginning date of this license and must remain in force during the term of this license. In the event of interruption of coverage for any reason, all services under the license shall cease and shall not resume until coverage has been restored.
(2) 
The following are the minimum mandatory types and amounts of insurance coverage to be carried:
(a) 
Workers’ compensation: statutory New Jersey limits.
(b) 
Towing liability personal injury liability: $2,000,000, combined single limits. In lieu of a combined single limit of $2,000,000, a policy with split limits of $1,000,000, $2,000,000 and $100,000 is acceptable.
(c) 
Towing including hoist, fire, explosion, theft, riot, civil commotion, vandalism and malicious mischief (VMM) and collision: (VMM deductible: $25; collision deduction: $100).
(3) 
Neither approval by the City nor failure to disapprove certificates of insurance furnished by the licensed towing operator shall release the licensed towing operator of full responsibility for all liability and casualty claims or losses. Insurance is required as a measure of protection and the licensed towing operator’s liability is not limited thereto.
(4) 
The aforesaid insurance policy shall also be written as to include coverage to the licensed towing operator with respect to the property of others which is in the care, custody or control of the licensed towing operator. Such insurance policy shall also provide coverage to the licensed towing operator for any losses due to fire, theft or vandalism of any passenger automobile, truck or motor vehicle of other persons in its possession.
(5) 
The aforesaid insurance policy shall be so endorsed to include the City of Pleasantville as a named insured and shall provide a standard severability-of-interest clause. The insurance policy shall also provide that the City of Pleasantville shall be defended and indemnified by said insurance company.
G. 
The licensed towing operator shall on the first day of each month provide, in writing, to the City Clerk and Police Chief of Pleasantville, or his designee, that month's list of all passenger automobiles, trucks and motor vehicles in the possession of that licensed towing operator over the course of the previous month. Said list shall state the makes and models of all motor vehicles, the years of same, the registration numbers of the motor vehicles, the vehicle identification numbers and a detailed list of all charges and expenses relating to said motor vehicles and the dates the vehicles were towed.
[Added 2-18-2009 by Ord. No. 1-2009]
H. 
A licensed towing operator shall provide a compound, which must be located within the City of Pleasantville, and shall at all times be in compliance with all New Jersey statutes and regulations, as well as all ordinances promulgated by the City of Pleasantville.
[Added 2-18-2009 by Ord. No. 1-2009]
(1) 
Said compound shall be enclosed by an eight-foot-high fence and be of sufficient size to accommodate at least 50 passenger vehicles at one time. At no time will any motor vehicles towed by any licensed towing operator be stored in any other location. Said fence shall be enclosed with privacy slates.
(2) 
The compound shall be staffed by a licensed towing operator during business hours, which will be defined as between 8:00 a.m. and 5:00 p.m., Monday through Sunday, inclusive. The towing operator will, with prior notification, make a vehicle available to be retrieved by the public after normal business hours. The towing operator may charge an additional fee for this service, as follows:
(a) 
Within three hours of closing, service fee of $15.
(b) 
After three hours of closing, on weekends and holidays, a service fee of $25.
(3) 
The compound shall be adequately lighted.
I. 
All licensed towing operators who provided private property towing service shall provide the Chief of Police, or his designee, with a signed copy of the agreement between the property owner and the towing firm.
[Added 2-18-2009 by Ord. No. 1-2009]
J. 
Disposing of the vehicle.
[Added 7-7-2014 by Ord. No. 14-2014]
(1) 
Upon towing of a vehicle at the direction of the City, the Police Department shall, within five to seven business days, provide notice to the owner of vehicle of the vehicle’s location and reason for tow.
(2) 
If the vehicle has not been retrieved by the owner and the Police Department no longer needs the vehicle for investigation, the Police Department shall execute a written release of the vehicle to the licensed towing operator no less than 30 calendar days after the towing. The Police Department shall store the original release on file, and provide copies to the registered owner and licensed towing operator.
(3) 
Once the vehicle is released to the licensed towing operator, the licensed towing operator shall proceed to dispose of the vehicle in accordance with N.J.S.A. 39:10A-7 through N.J.S.A. 39:10A-20.

§ 269-17 Nonliability of City.

A. 
The licensed towing operator agrees to make no claim against the City of Pleasantville, its agents, representatives and/or employees for the following:
(1) 
Towing fees or charges.
(2) 
Storage fees or charges.
(3) 
Road service fees or charges.
(4) 
Any other fees, charges or items whatsoever.
(5) 
Failure or delay to obtain auctionable title for any vehicle.
B. 
This section shall apply to any and all passenger motor vehicles, trucks and motor vehicles that are stored or towed by the licensed towing operator, including those abandoned and unclaimed by the owners thereof.

§ 269-18 Licensing of operators.

A. 
All towing operators, in order to provide towing service in the City of Pleasantville, shall be licensed with the Clerk of the City of Pleasantville.
B. 
The Clerk of the City of Pleasantville shall take an application for the licensing of a towing operator from any towing operator who asserts that he can comply with the provisions of this article.
C. 
The application form shall be prescribed by the Clerk of the City of Pleasantville and shall include the name, business address and telephone number of the towing operator, the location of the compound, the name of its insurance company, the insurance policy number and any other information the Clerk deems relevant and appropriate.
D. 
Each licensed towing operator shall purchase a mercantile license from the City Clerk. Said licensing fee shall be paid upon the submission of the signed application to the Clerk of the City of Pleasantville.
E. 
The towing operator must date and sign the application and certify that he has read this article and agrees to abide by all of the terms and specifications of the same.
F. 
The Chief of Police of the City of Pleasantville shall conduct an investigation of the towing operator and its operation. This investigation shall consist of an inspection of the proposed compound and inspection of the tow trucks and such other relevant inquiries as the Chief of Police deems appropriate to determine that the towing operator meets with the requirements of this article.
G. 
If the Chief of Police of the City of Pleasantville after due investigation deems the towing operator in compliance with all provisions of this article, the Chief of Police shall report to the Clerk, in writing, whether or not the towing operator meets the requirements of this article. If the towing operator meets with the requirements of this article, said towing operator shall be added to the list of licensed towing operators in the City of Pleasantville.
H. 
If the Chief of Police deems the towing operator not in compliance with any provisions of this article, he shall report, in writing, to the Clerk of the City of Pleasantville his findings, with reasons for his rejection of the application of the towing operator. The Chief of Police shall supply a copy of his report to the towing operator.
I. 
Any towing operator who is aggrieved by the actions of the Chief of Police rejecting his application shall serve notice upon the Clerk within 30 days of such rejection, entitling the operator to a hearing by the full Council of the City of Pleasantville.
J. 
Towing operators authorized pursuant to this article will be placed alphabetically on a rotation list of all licensed towing operators. In the event that more than one towing operator shall become a licensed towing operator, the towing services needed shall be rotated among licensed towing operators alphabetically on the rotation list. After reasonable attempt is made to contact a towing operator without success, the next towing operator will be called.

§ 269-19 Fees.

A. 
All towing charges and storage charges for automobiles that are damaged in accidents or recovered after being stolen shall conform to the State of New Jersey mandate regarding the same, which fee schedule shall be adopted as the schedule for the City of Pleasantville. Fees for tows authorized by the City for other than the aforementioned shall be as follows:
[Amended 2-18-2009 by Ord. No. 1-2009]
(1) 
For initial tow from scene to the storage facility (City or rotary list storage facility), the fee shall not exceed the maximum allowed under the fee schedule.
(2) 
The storage fee for vehicles towed from the scene shall be $25 per day.
(3) 
The storage fee shall be in effect 24 hours after the initial tow from the scene.
B. 
This fee schedule shall be made available to the public during normal business hours of the City of Pleasantville. The schedule is subject to change by resolution of City Council.
C. 
Licensed towing operators shall tow disabled City vehicles at no charge from any location within Atlantic County. If a City vehicle is disabled anywhere outside of Atlantic County then the licensed towing operator shall only bill the City at a rate of $4 per mile. The City of Pleasantville shall not be billed for any additional fee related to the tow.
[Added 2-18-2009 by Ord. No. 1-2009]
D. 
If a vehicle is impounded for investigation purposes by the Pleasantville Police Department, the following procedures will be adhered to:
[Added 2-18-2009 by Ord. No. 1-2009]
(1) 
If a vehicle is to be brought from a scene for examination, the vehicle will be transported and left at the Police Department. Following the examination, the towing operator will be notified and the vehicle removed from the Police Department to the towing operator's facility. No additional fees will be assessed to the vehicle's owners or the City.
(2) 
Should a vehicle be confiscated and held by the City for investigation, the vehicle will be towed from the point of confiscation and transported to a location designated by the investigating officer. The towing operator will then bill the City $25, regardless of the amount of time that the vehicle is held.

§ 269-20 Violations and penalties.

When a violation of Article I or II occurs, the violator may be fined and/or have his mercantile license suspended or revoked, according to the penalties set forth in this article and his/her name may be removed from the rotary list.
A. 
For the purpose of determining suspension or revocation of the mercantile license of any tower, the City Council shall hear all such cases upon recommendation of the administrator. The administrator shall be responsible for the notification of the tower of such recommendation and notice of charges against him. The tower shall be afforded an opportunity to be heard before the City Council and to respond to all charges before the decision of the City Council is made.
B. 
Failure of any person, company, corporation or organization to comply with the requirements of this article shall, upon conviction, be punished by a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day’s failure to comply with these provisions shall constitute a separate violation.