All tow operators engaged in nonconsensual towing or recovery
of motor vehicles from private property (without the express permission
of the owner or operator) shall comply with the minimum requirements
mandated by the regulations promulgated in the State of New Jersey
by the Department of Consumer Affairs (DCA) and as they may be amended.
No towing license shall be transferred from the entity or individuals
named on the initial application. No towing license may be operated
under a managerial contract.
The provisions of this chapter shall be enforced by the Kenilworth
Police Department.
Prior to bringing any formal complaint before the Municipal
Court or the Department of Community Affairs for inadvertent disputed
charges, the charged party disputing any charge must notify the Borough
Clerk within 14 days of payment having been tendered. Thereafter,
the Chief of Police shall investigate the basis of the dispute and
make a nonbinding recommendation to the tower within 15 days. If the
complainant accepts the payment as recommended by the Chief of Police,
then the complainant formally waives any further action or claim against
the tower.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any applicant which is denied an application to tow from private
property as a nonconsensual tower within the Borough or which has
its license suspended or revoked shall be entitled to a hearing before
the Public Safety Committee within the following 10 days, provided that a
written request is received by the Borough Clerk and the Borough Attorney
who shall serve as a hearing officer. If three members of the Police
Committee are unavailable to hear the matter, then any other member
of the governing body may sit as a hearing officer.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.
All Borough ordinances and parts of ordinances that are inconsistent
with this chapter are hereby repealed.
The existing tower for the municipality shall continue to serve
the Borough with the above rate schedule until this chapter shall
be in full force and effect. This chapter is effective after its adoption
and its publication as required by law.