[HISTORY: Adopted by the Township Council of the Township of East Hanover 3-18-1999 by Ord. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Schedule A
Gasoline filing stations — See Ch. 89.
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 No. 40-1989, was repealed 3-5-1998 by Ord.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.
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.
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.
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.
The application for a license under this chapter shall be upon forms made available through the office of the Township Clerk.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The appeal of a suspension shall be made in writing through the Township Clerk's office to the Township Council within 10 days.
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.
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.
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.