[HISTORY: Adopted by the City Council of
the City of Vineland 4-25-2006 by Ord. No. 2006-32 (Ch. 432A of the 1990 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, sole proprietorship, firm, partnership, association,
limited liability company, corporation or other organization.
A vehicle driven by mechanical power and used for the purpose
of towing, transporting, conveying or removing any and all kinds of
vehicles which are unable to be and are not operated under their own
power from the place where they are disabled.
A.
No person shall operate any wrecker or conduct any
wrecker service within the City of Vineland without first having obtained
a license for each wrecker.
B.
No employee or agent of a person conducting any wrecker
service within the City of Vineland or such person shall operate any
wrecker within the City of Vineland without first having been registered
as provided herein.
C.
Whenever a property owner or agent shall arrange to
have a vehicle towed from a City of Vineland location, said property
owner or agent shall utilize only the services of a towing company
licensed by the City of Vineland. An annual list of all licensed tow
companies shall be supplied by the Department of Licenses and Inspections.
The application for a license as required by
the preceding section shall be made to the Department of Licenses
and Inspections of the City of Vineland on the prescribed form and
shall accurately specify the following information, the truth of which
shall be sworn to by the applicant:
A.
The year, make, type and registration number of the
wrecker. The wrecker must be registered or leased for one year to
the applicant, and the registration card or lease must be exhibited
to the City of Vineland.
B.
The name and address of the applicant. If a firm,
partnership, association, limited liability company, corporation or
other organization, the name and address of each officer, director,
partner and/or member thereof. Each application for a license, or
a renewal thereof, shall contain the street address for the residence
and business of the licensee at the time of application or renewal.
A post office box shall be permitted only as part of a mailing address
that is submitted by the licensee in addition to the street address
of the licensee's residence or business. A licensee whose last address
appears as a post office box shall change the address on the application
to the street address of the licensee's residence and business.
C.
The name and address, social security number, New
Jersey driver's license number and telephone number of the owner of
the wrecker, if other than the applicant.
D.
The name, address and New Jersey driver's license
number for each driver or operator of the wrecker, accompanied by
a photo identification, and proof that each vehicle to be licensed
is duly registered and inspected by the State of New Jersey, Division
of Motor Vehicles.
E.
The location of the premises where the wrecker is
domiciled or garaged.
F.
The location of the premises to which vehicles are
towed. Details of the location(s) shall be shown on a map or diagram
accurately depicting the dimensions, proposed layout and size of the
vehicle storage spaces, fire lanes and the maximum number of vehicles
to be stored at such premises. The said information shall be submitted
on a site plan approved by the City of Vineland Planning Board and/or
the Zoning Board of Adjustment.
G.
Documentary proof that the applicant has the ability
to comply with the terms of this chapter.
H.
A complete list of all criminal convictions of the
applicant or owner, partner, officers or local office manager of the
applicant and each driver or operator of the wrecker.
I.
Whether the wrecker is to be used as an accessory
use to a gasoline service station or motor vehicle repair shop.
Each license application shall be accompanied
by certificates of automobile and garage keeper's liability insurance,
issued by an insurance company authorized to do business in the State
of New Jersey. Said insurance policy shall provide for minimum monetary
limits for any single occurrence as follows:
A.
Automobile liability in an amount not less than $1,000,000
combined single limits.
B.
Workers' compensation as required by statute.
C.
Garage keeper's legal liability in an amount not less
than $100,000 per location.
D.
Garage liability, including cargo insurance, in an
amount not less than $1,000,000 combined single limit.
E.
A certificate of insurance naming the City of Vineland
as a certificate holder for a one-year term with a twenty-day notice
of cancellation to the City of Vineland in the event of any material
change or cancellation.
A.
Upon receipt of a completed application as required by § 669-3 hereof and certificates of insurance as required by § 669-4 hereof, the Department of Licenses and Inspections shall investigate whether the applicant's proposed domicile of the wrecker complies with local zoning and building ordinances and whether the applicant and applicant's equipment meets the following requirements:
(1)
Each towing vehicle shall be required to have red
combination stop and directional signal lights, visible from the rear
of the truck, unobstructed by the vehicle being towed.
(2)
Each towing vehicle shall be required to have two
safety chains, in addition to a towing sling and/or hook, when towing
a vehicle.
(3)
Each towing vehicle shall be equipped for towing purposes
with a power or manual winch-type towing system with automatic self-locking
device.
(4)
Pursuant to N.J.S.A. 39:3-54, the use of any type
of flashing lights on any vehicle, including a tow truck, is prohibited,
unless authorized by a permit issued by the Director of Motor Vehicles.
Said permit must be displayed in the vehicle.
(5)
Every tow vehicle or flatbed vehicle shall display
the official tower's license and shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
(6)
The towing operators' wrecker(s) and all other vehicles
shall be properly licensed and registered with the New Jersey Division
of Motor Vehicles.
(7)
Towing operators' vehicles shall display New Jersey
commercial license plates.
B.
Each applicant for a new license must provide, and
continue to provide during the licensing year, secure storage as pursuant
to the current land use ordinance.[1] All motor vehicles towed pursuant to this chapter shall
be stored at the aforesaid location.
(1)
All licensees, except those licenses which are solely
accessory uses to gasoline and service stations, must provide secure
storage space for all towed vehicles. The storage area shall be fenced
if required by the current land use ordinance.
(3)
If the storage area is not situated within the boundaries
of City of Vineland, a current and valid certificate of occupancy
or other proof of the legal use of the premises to store automobiles
must be presented with the application.
(4)
If the storage area is not owned by the applicant,
a copy of a written lease agreement for the storage area must accompany
the application.
Each employee or agent of licensees under this
chapter who operates a wrecker within the City of Vineland shall be
registered with the Department of Licenses and Inspections, and such
registration shall be the joint obligation of the employee or agent
and employer. The registration shall include the name and address
of the employee or agent; the name of the employer; a criminal history
background check, a certified driver's abstract of the employee or
agent; the length and type of the employee's or agent's experience
in the wrecker business and with the employer. All registration forms
shall be reviewed by the Director of Licenses and Inspections or designee,
who shall determine, within 30 days of its submission, whether a registration
should be issued. Any employee or agent denied a registration hereunder
shall have 10 days to appeal the decision to City Council, which shall
hear and decide the appeal.
Upon receipt of all reports as set forth in § 669-5 hereof, the Director of Licenses and Inspections shall forthwith transmit the same to City Council, which shall grant or deny the issuance of a license within 30 days after receipt of all reports. No application shall be denied unless City Council determines that the applicant has not demonstrated the ability to comply with the terms of this chapter, for any reason specified in § 669-12 hereof, or for other just cause. In the event of any denial, the applicant shall forthwith be notified thereof in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to make written request to the City Clerk for a hearing before City Council.
A.
No license shall be granted to any applicant who does
not fulfill each and every requirement of this chapter. No applicant
who obtains a license shall have any interest, direct or indirect,
in any other business licensed under this chapter by another applicant.
Should it be determined that a licensee does have an interest in another
towing license, according to the same standards used for the issuance
of alcoholic beverage licenses that licensee shall immediately forfeit
both licenses. Licenses shall not be transferable.
B.
Any new license issued hereunder shall be valid from
its date of issuance until December 31 of the same year. Thereafter,
a renewal license shall be valid for one year from January 1 until
December 31. Notwithstanding the above, any license issued in the
year 2006 shall be valid until December 31, 2007.
C.
Each wrecker shall be licensed separately. The fee
for each wrecker license shall be $103 per year for the first wrecker
and $52 per year for each additional wrecker owned by the same licensee
and domiciled at the same address. Each such license shall be issued
in duplicate. One copy of the license shall be kept at all times at
the location at which the wrecker is domiciled.
D.
Each employee or agent registered under this chapter
shall pay an annual permit fee of $11.
A.
B.
City Council may deny, within 30 days after the submission of all items required by this chapter, the renewal of any license, if it finds that the applicant no longer demonstrates the ability to comply with the terms of this chapter, for any reason specified in § 669-12 hereof. Should a license renewal be denied, the applicant shall forthwith be notified in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days to make a written request to the City Clerk for a hearing before City Council.
A.
After the issuance of a license pursuant to the provisions
hereof, each licensee shall be subject to an annual inspection by
the Department of Licenses and Inspections to determine whether the
licensee is in compliance with all requirements of the licensing ordinance.
B.
The Police Department shall also have inspection power
under this section to assist the Department of Licenses and Inspections.
C.
In the event that any City of Vineland department
conducting an inspection finds the licensee to be in violation of
any provision of this chapter, the Department of Licenses and Inspections
shall immediately notify the licensee in writing of the violation
and demand that the same be corrected within 10 days. In the event
the violation is not remedied, the Department of Licenses and Inspections
shall have the right to suspend the licensee from all City towing
services for 90 days. After receipt of such notification, the licensee
shall have 10 days in which to make written request to the City Clerk
for a hearing before City Council. In the event that City Council
upholds the inspecting department's determination that a violation
exists, City Council shall issue an order suspending the license of
the licensee until such time as the violation is remedied.
D.
Nothing contained herein with regard to suspensions
from City towing services shall preclude any authorized agent of the
City from issuing summonses for violations or continuing violations
which are not abated and which would otherwise subject the property
owner or licensee to fines and penalties set forth in other chapters
of the City of Vineland Code.
Any license or registration required by this
chapter shall not be transferred, subcontracted or assigned without
the prior approval of City Council, nor shall the domicile of any
wrecker licensed hereunder be changed without the prior approval of
City Council.
A.
B.
In addition to the above-noted penalties, City Council
may suspend or revoke any license granted hereunder, after written
notice and public hearing, for any of the following reasons:
(1)
Fraud or willful and knowing misrepresentation or
false statement made in an application for a license.
(2)
Fraud or willful and knowing misrepresentation or
false statement made in the conduct of any wrecker service.
(4)
Violation of any other provision of this chapter.
(5)
Violation of any law or regulation of the State of
New Jersey, specifically including, but not limited to, violations
of motor vehicle laws and regulations.
No person shall operate an unengaged wrecker
along a public street in the City of Vineland at a slow rate of speed
or in any other fashion calculated for the obvious purpose of soliciting
business.
No person shall tow or remove, or cause to be
towed or removed, any vehicle from a location within the City of Vineland
to a location outside the City except as provided herein; provided,
however, that if a towed vehicle remains unclaimed at the premises
of a licensee for more than 30 days, then and in that event, the vehicle
may be removed by a wrecker without the owner's consent to a location
outside the City of Vineland; provided further, however, that, at
least five days prior to any such removal, the owner is notified by
certified mail, return receipt requested, of the intent to remove
such vehicle to a location outside of the City of Vineland and the
address of such location.
A.
Every owner and operator of a wrecker shall:
(1)
Maintain a written schedule of all rates and charges
in the wrecker and shall make such schedule available to any person
requesting same at any time.
(2)
Post a schedule of maximum fees and towing charges
in an area within the premises where customers are likely to be present.
(3)
Whenever practicable, provide a copy of a full schedule
of rates at the time the wrecker services are rendered. In any event,
a full schedule of rates shall be annexed to each bill for wrecking
services.
B.
Before any license is issued or renewed as provided
in this chapter, a representative of the Department of Licenses and
Inspections shall inspect the wrecker to determine whether the schedule
and statement prescribed by this section are conspicuously displayed
on the wrecker.
No licensee shall cause or suffer any disabled
vehicle to be stored outdoors upon premises owned or leased by the
licensee for a period in excess of 30 days.
No licensee under this chapter shall, in the
course of providing service, collect parking fees or fees for services
other than those rendered by the licensee.
A.
Each wrecker used and operated pursuant to this chapter
shall contain certain designated equipment: brooms, flares, chains,
fire extinguishers, jumper cables, shovel, air tank, lug wrench, and
such other equipment as required by N.J.S.A. 39:3-1 et seq., and 49
CFR 393.
B.
In addition to any other regulations, the licensee,
upon request, shall release personal belongings to the vehicle owner
or authorized designee.
C.
Each licensed wrecker shall display a sticker issued
by the Department of Licenses and Inspections on the upper left side
of the driver's door panel and shall have the name, address and telephone
number of the licensee displayed on the vehicle in letters at least
three inches in height and in conformity with the provisions of N.J.S.A.
39:4-46.
