[Adopted 12-14-2020 by Ord. No. 20-31[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII,
Wreckers, adopted 4-14-64, as amended in its entirety 11-28-16 by
Ord. No. 16-19.
As used in this article, the following terms shall have the
meanings indicated:
Refers to a hold placed upon an impounded vehicle by a police
officer that must be satisfied prior to the vehicle being released
to the owner. In certain situations, this type of hold may be utilized
to verify proof of ownership, valid license, valid registration, valid
insurance, etc.
The wrecker company selected from the police tow list that
submits an annual bid that is accepted by the Department of Public
Safety and provides specialized pricing for all towing services that
are utilized for Township-owned vehicles and police impounds that
involve further police investigations and storage at the Police Impound
Storage Facility.
Releasing a vehicle to its owner or operator when the vehicle
has been, or is about to be, hooked or lifted by a wrecker operator,
but prior to the vehicle actually having been moved or removed from
the property.
Any vehicle with a gross vehicle weight (GVW) of 16,001 pounds
and above.
Any vehicle with a gross vehicle weight (GVW) of 10,000 pounds
or less.
Any vehicle with a gross vehicle weight (GVW) of 10,001 pounds
to 16,000 pounds.
Anyone who engages in the business of operating a wrecker.
Required of any wrecker operator who applies for and is approved
to be part of the East Brunswick Police tow list. It also entitles
an operator who qualifies for fatal accident wrecker response, as
determined pursuant to the Middlesex County Prosecutor's Office
guidelines, to be called by the police department for fatal and potentially
fatal accidents. Any wrecker operator who successfully obtains a police
tow list wrecker license shall not be required to obtain a separate
basic wrecker license.
An emergency service involving a wrecker operator to respond
to a location to provide roadside assistance, which may include fuel
delivery, locksmith service, tire replacement, or a battery jump-start.
The use of one or more techniques such as the use of airbags,
winching, hoisting, uprighting, removing, or otherwise relocating
a vehicle when the vehicle is found in such a location, state or position
in which it could not remove itself from the location, state or position
under the use of its own power, even if it were in complete operating
condition. Winching a vehicle onto a wrecker as part of a basic towing
service shall not be considered a chargeable winching service.
A vehicle used to tow or remove another vehicle.
Every wrecker operator who is based in the Township of East
Brunswick must be licensed by the Township. In addition, every wrecker
operator who applies for a police tow list wrecker license must be
licensed by the Township and meet the requirements of this wrecker
article.
A.
Wrecker license applications must be obtained from the Township Clerk.
Completed applications, along with a sketch of the property indicating
where towed vehicles will be stored, must be returned to the Township
Clerk with the appropriate fee. A photocopy of all operators'
current driver's licenses must be attached to the wrecker license
application.
B.
The Township's Zoning and Code Enforcement Officer shall ensure
that every East Brunswick based wrecker business location is in a
zone approved for wrecker operations.
C.
In accordance with § 135-4, wrecker license investigations shall be conducted by the East Brunswick Police Department. An officer from the Special Operations Section shall conduct the actual investigation. The investigation shall include a motor vehicle record check of all wrecker license applicants and their drivers. Each wrecker company must be personally inspected by the Special Operations officer to ensure compliance with the following requirements:
(1)
A valid DMV registration and, if required, a valid inspection.
(2)
A valid DMV amber light permit.
(3)
Insurance:
(a)
Garage liability insurance. Limit of liability insurance shall
not be less than $500,000 combined single limit (bodily injury and
property damage) per occurrence, including premises operations and
products/completed operations.
(b)
Automobile liability insurance. Limit of liability shall not
be less than $500,000 combined single limit (bodily injury and property
damage) per occurrence.
(c)
Garagekeepers insurance. Physical damage insurance policies
shall be specifically endorsed to provide direct primary insurance,
where applicable, for vehicles in tow, possession of, or storage on
property owned or controlled by the owner of the wrecker. Limit on
said coverage shall not be less than $100,000.
(d)
Excess umbrella insurance. Limit of liability shall not be less than $1,000,000 providing protection in excess of $500,000 garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in Subsections C(3)(a) and (b) are not less than $1,000,000 combined single limit.
(e)
Workers compensation insurance. New Jersey statutory coverage,
including employers liability coverage.
(4)
Emergency lights visible at 1/4 mile and can be seen over the towed
vehicle.
(5)
One fire extinguisher (five pound carbon dioxide or dry powder).
(6)
One broom and a debris container.
(7)
One steering lock bar.
(8)
The business name and location on the wrecker (N.J.S.A. 39:4-46).
(9)
A minimum of five gallons of absorbent granules for cleaning up fluid
spills.
(10)
A reflectorized safety vest.
(11)
Portable lighting equipment (heavy wreckers only).
(12)
The wrecker and its equipment must be in good condition.
D.
The results of each investigation and inspection shall be reported to the Township Council, which shall approve or reject the application within 30 days after receiving the written report of the investigation and inspection. In addition to the reasons set forth in § 135-4, wrecker license applications may be denied for any of the following reasons:
(1)
Incomplete, inaccurate or falsified application.
(2)
Unsafe or inadequate towing vehicles and/or equipment.
(3)
Noncompliance with the Township's wrecker article.
(4)
The business location is not in a zone where the use is permitted
(East Brunswick locations only).
(5)
The owner pleaded guilty or was convicted of a zoning or property
maintenance violation in East Brunswick during the 12 months preceding
the application date.
(6)
Criminal or motor vehicle convictions of the owner or his employees
which, in the reasonable belief of the Special Operations Section
Commander, would jeopardize the safety of customers.
(7)
Inadequate or unsecured storage facility.
E.
Wrecker licenses shall be issued by the Township Clerk upon the approval
of the application by the Township Council. All licenses shall expire
on December 31 of each year.
A.
The annual fee for a license to operate a wrecker shall be determined
by the following schedule:
|
License Type
|
Annual Fee
|
|---|---|
|
Basic wrecker license - regular wrecker
|
$100
|
|
Basic wrecker license - heavy wrecker
|
$100
|
|
Police tow list wrecker license - regular wrecker
|
$250
|
|
Police tow list wrecker license - heavy wrecker
|
$250
|
B.
Any applicant wishing to provide light- and heavy-duty towing services
must fill out two separate applications and pay two separate fees.
A.
Business location. A base of operation that is staffed during normal
business hours every weekday and Saturdays, excluding holidays. The
business must be clearly marked with signs identifying the name of
the business and the hours of operation. The business location must
include a fenced-in lot for the storage of towed vehicles. In lieu
of a fence, a well-lit storage lot located within the Township of
East Brunswick which can be easily observed by passing patrol cars
is acceptable. However, if the Special Operations Section Commander
determines at any time that the security of the lot is inadequate,
he/she may require the installation of a security fence, additional
lighting, and/or security cameras in order for the operator to maintain
a police tow list wrecker license.
A.
Assignment of services.
(1)
Towing services are assigned to police tow list wrecker operators
on a rotational basis. However, when a need arises for an expeditious
tow, the nearest licensed wrecker operator may be called. If the operator
is on the rotational tow list, the call shall count as the operator's
next turn. Subsequent wrecker requests shall be assigned to the operators
who were skipped. When a motorist requests a specific wrecker company
(customer request), and the company is on the police tow list, the
requested wrecker company shall be called. This shall count as the
wrecker company's next turn. Police tow logs shall be available
for inspection by any licensed operator during regular business hours.
(2)
Such additional rules and regulations regarding the rotation of wreckers,
as may be hereafter promulgated by the Township Council, shall take
effect immediately after service of a copy thereof on approved towing
operators in the Township. Service upon an approved towing operator
may be made by sending, by ordinary mail, a copy of the additional
rules and regulations to the approved towing operator's business
address.
(3)
Nothing in this section shall prevent the owner, lessee, agent or
driver of a vehicle which is disabled from calling a wrecker of choice
to remove the vehicle unless the vehicle is obstructing traffic, affecting
a restricted area or zone, or otherwise creating a hazard, and the
wrecker of choice is not able to respond in a timely manner.
(4)
When dealing with a serious or fatal motor vehicle accident, the
responding wrecker company will be chosen by the Middlesex County
Prosecutor's Office after there are clear and definitive communications
with the representatives of the agencies involved in the investigation
at the time of the crash. The Middlesex County Prosecutor's Office
will determine the vendor to be utilized, the storage facility to
be utilized, and who will be responsible for towing and storage fees
incurred. If the Middlesex County Prosecutor's Office determines
that such services do not need to be handled by the county-contracted
vendor, then the primary agency shall utilize their contracted vendor
to tow the vehicle(s) and have the vehicle(s) stored in an appropriate
secure facility.
B.
Response times.
(1)
From the time of dispatch by police headquarters, wreckers shall
arrive on the scene within the following time limits:
(2)
When a police tow list wrecker operator's response time exceeds the time limits, the wrecker may be cancelled, which would result in the loss of a turn on the rotational tow list. The next operator on the police tow list may then be dispatched. Prevailing weather and road conditions should be considered prior to cancelling a wrecker for excessive response time. In addition to losing a turn on the rotational tow list, police tow list wrecker operators who exceed the response time limits shall be subject to the penalties set forth in § 135-56 for each violation.
C.
Availability. All police tow list wrecker operators must provide
twenty-four-hour, seven-day per week service. In addition, they must
respond to a minimum of 80% of their calls each month. The Special
Operations Section will monitor compliance by conducting a monthly
review of the Police Department's tow records.
D.
Routine tows without police holds. Vehicles towed shall be immediately
taken to the wrecker operator's business location unless the
driver of the vehicle or the police request otherwise. Vehicles shall
be locked and parked in the secure area of the operator's business
location. If any of the vehicle's windows are broken, a tarp
or other nonporous material shall be applied to protect the vehicle's
interior from the elements.
E.
Impoundment of vehicles with conditional holds.
(1)
Impounded vehicles shall be immediately taken to the wrecker operator's
business location unless the police request otherwise. Vehicles shall
be locked and parked in the secure area of the operator's business
location. If any of the vehicle's windows are broken, a tarp
or other nonporous material shall be applied to protect the vehicle's
interior from the elements.
(2)
The officer authorizing the impoundment of the vehicle shall advise
the wrecker operator at the scene that the vehicle has a conditional
hold. The owner of the motor vehicle shall be required to satisfy
the requirements of the hold and obtain a release authorization form
from the East Brunswick Police Department. A release authorization
form shall be available to pick up from the East Brunswick Police
Department 24 hours a day, seven days a week, including holidays,
provided the hold has been satisfied. The signed release authorization
form must be submitted to the wrecker company prior to the release
of the impounded vehicle.
(3)
In certain situations when an owner of a vehicle fails to satisfy
the conditional hold, he or she may elect to arrange for a private
tow company, at his or her own expense, to tow the vehicle from the
impound location to private property that he or she has ownership
or legal control over. The owner shall obtain a release authorization
form from the East Brunswick Police Department after indicating what
wrecker company will be retrieving the vehicle and where it will be
taken. The officer completing the release authorization form will
verify the information and indicate it on the form itself. The signed
release authorization form must be submitted to the wrecker company
prior to the release of the impounded vehicle.
(4)
Impounded vehicles will only be released to the registered owner.
In the event a registered owner is unable to obtain the release authorization
form and pick up the vehicle, he or she may submit a notarized letter
designating an alternate person.
F.
Impoundment of vehicles requiring further police investigation.
(1)
Vehicles that require impoundment and are subject to further police
investigation, such as but not limited to search warrants, evidence,
or forfeiture proceedings, shall be impounded utilizing the contract
wrecker.
(2)
Impounded vehicles requiring further police investigation shall be
immediately taken to the East Brunswick Police Impound Storage Facility.
If any of the vehicle's windows are broken, a tarp or other nonporous
material shall be applied to protect the vehicle's interior from
the elements unless the vehicle is secured indoors.
(3)
The Investigative Division Commander or his/her designee will be
responsible for authorizing the release of any vehicle secured at
the East Brunswick Police Impound Storage Facility.
G.
Storage of vehicles; notification to owner; auctions.
(1)
Vehicles that are towed to a wrecker operator's business location
shall remain there until which time the vehicle is retrieved by the
owner/lienholder or until the vehicle is sold at public auction.
(2)
The maximum number of vehicles which may be stored on an East-Brunswick-based
operator's property shall conform to the sketch approved by the
Township's Zoning and Code Enforcement Officer.
(3)
After a vehicle is stored and unclaimed for 15 business days, the
wrecker operator's business location shall make notification
to the Special Operations Section via telephone, mail, facsimile,
or email indicating that the vehicle in question has not been claimed.
The Special Operations Section will then send a notice by first-class
mail, with a certificate of mailing, and shall include a schedule
of the costs imposed for storing the motor vehicle and instructions
explaining how the owner and/or lienholder of the vehicle may reclaim
the vehicle.
(4)
After five business days from the date the owner and/or lienholder
received the notification letter as indicated on the first-class mail
certificate of mailing, the Special Operations Section may apply to
the New Jersey Motor Vehicle Commission for an abandonment title for
the vehicle in question with the intention of selling it at the next
scheduled public auction.
(5)
The Township of East Brunswick shall reserve the right to hold public
auctions of motor vehicles that have been deemed abandoned pursuant
to the terms and regulations set forth in N.J.S.A. 39:10A-1.
(6)
Prior to the time of any public auction, wrecker operators shall
allow the public to inspect the vehicles to be sold at such public
auction during the publicized inspection dates and times. Inspections
of vehicles are limited to visual inspections only. Any wrecker operator
who takes any actions to impede, delay, defer, prohibit or interfere
with an inspection of a vehicle that is publicized for public auction
shall be subject to penalty.
(7)
The opening bid for vehicles being auctioned shall be the sum of
the towing and storage fees accrued. Any vehicle that fails to sell
at public auction will have its abandonment title turned over to the
wrecker operator that has the outstanding lien for towing and storage
charges in lieu of any payments.
A.
B.
After the first hour, all hourly billable rates will be charged in
half-hour increments.
C.
Storage fees shall be assessed against the owner or responsible party
by the wrecker operator beginning the first business day after the
vehicle was towed. Storage fees shall not be assessed for the day
of pickup or any other day that the business location was closed to
the public.
D.
Storage fees may only be assessed for a maximum of 20 business days.
E.
Storage and towing charges shall be clearly indicated by the wrecker
operator on a Township-provided receipt form.
F.
Any additional charges must be justified by a documented need for
additional personnel, equipment, and/or supplies.
G.
A wrecker operator and a motorist may agree to the payment of a fee
in excess of the amount specified in this section when unusual difficulties
and/or distances are involved. Such agreements shall be without prejudice
to the right of the motorist to apply to the Chief of Police for a
refund of part of the fee paid on the grounds that it was exorbitant
or that the motorist was induced to pay it by reason of misrepresentation,
duress or some other unfair conduct by the wrecker operator.
H.
If a motorist requests to have his or her vehicle taken to a location
within the Township other than the wrecker operator's business
location, and there is no conditional hold, the wrecker operator shall
comply if the motorist has either cash or a credit card to pay for
the tow charges. There shall be no additional charge for towing a
vehicle to any location within the Township of East Brunswick.
I.
If the wrecker operator's business location is based outside
of the Township of East Brunswick, there shall be no additional charge
for towing a vehicle to the operator's business location.
J.
If a motorist requests to have his or her vehicle taken outside the
Township, but within Middlesex County, and the wrecker operator is
able to comply with the request, there will be an additional per-mile
fee for each mile outside of the Township of East Brunswick. The motorist
shall be responsible for negotiating the terms of a tow beyond the
boundaries of Middlesex County if the wrecker operator can accommodate
the request.
K.
No wrecker operator shall request, demand or receive any commission,
gratuity or other payment other than the established or agreed-upon
fee for towing a vehicle.
L.
No wrecker operator shall refuse to accept Mastercard, Visa or cash
as payment for services. In addition, the motorist shall not be required
to respond to the business location to complete the transaction.
M.
Wrecker operators shall provide every customer with a Township of
East Brunswick wrecker bill, which shall serve as a receipt for the
towing and storage fees assessed and paid. Blank receipt forms are
available from the Special Operations Section at no charge to licensed
wrecker operators. The receipts shall explain the right to appeal
to the Chief of Police if a customer feels the charges are excessive.
The application to the Chief of Police provided for in § 135-52G shall be made within 30 days of the incident. It shall be in writing and contain sufficient information to properly identify the date, time and place, as well as the parties involved in the incident. Upon receiving the application, the Chief of Police shall set a date for a hearing and notify all parties involved. The hearing shall be conducted in the manner provided in Article XVII of Chapter 3, Administration of Government, of this Code. The Chief of Police shall determine what part, if any, of the fee was exorbitant or was paid as a result of misrepresentation, duress or other unfair practices. The amount determined by the Chief of Police shall be immediately refunded to the complainant by the wrecker operator. Failure to immediately refund the overcharge will subject the operator to license revocation proceedings in accordance with § 135-56.1.
In addition to the information required by § 135-2, applicants shall submit a signed application as follows.[1]
[1]
Editor's Note: The application form for a wrecker license is included as an attachment to this chapter.
B.
No driver or owner of a wrecker shall attempt to divert patrons of
one garage to another garage or repair facility.
C.
No driver of a wrecker shall engage in "cruising," as defined in § 135-46, or otherwise interfere with the progress of traffic on public highways.
D.
All wrecker operators and their agents and/or employees are required
to wear ANSI traffic vests with adequate reflective material for night
use when working in the roadway.
E.
All wrecker operators and their agents and/or employees shall comply with § 209-17.1, regarding the parking of trucks and commercial vehicles on East Brunswick Township streets between 11:00 p.m. and 6:00 a.m. In addition, they shall also comply with § 228-224C(2) at all times in residential areas, including private driveways, if the vehicle dimensions exceed the limits specified in the chapter.
F.
All wrecker operators and their agents and/or employees shall perform
reasonable cleanup of all debris associated with an accident or breakdown.
All debris and fluid spills shall be removed from the scene and disposed
of properly by the wrecker operator and/or his employee. All licensed
wreckers shall carry a minimum of five gallons of absorbent granules
for motor vehicle fluid spills.
G.
All wrecker operators and their agents and/or employees shall be experienced in the towing of vehicles. Unsafe or improper towing methods may result in immediate suspension from the police tow list. A basic wrecker license may be revoked by the Township Council after notice and hearing in accordance with § 135-8.
H.
All wrecker operators are responsible for ensuring that their agents
and/or employees are familiar with this article. Wrecker operators
shall be held responsible for any violations of this ordinance by
their agents and/or employees.
J.
Every year, typically during the month of December, a meeting will
be held at police headquarters for all licensed wrecker operators.
A representative of every licensee shall be present at the annual
meeting.
A.
Hold harmless. The owner and/or operator of the wrecker shall agree,
in writing, to assume the defense of and indemnify and hold harmless
the Township, its elected officials, boards, commissions, officers,
employees and agents, from all suits, actions, damages or claims,
fees, costs, expenses, fines or penalties to which the Township may
be subjected of any kind and nature whatsoever resulting from, caused
by, arising out of or as a consequence of the provisions of towing,
wrecking, storage and/or emergency services provided at the request
of the Township pursuant to this section. Wrecker companies shall
enter into a hold harmless agreement in a form prepared by the Township
prior to being included on the police tow list.
B.
Insurance.
(1)
The owner of each licensed wrecker shall maintain, during the
life of the approval, insurance policies of the type and with the
minimum limits indicated below and in a form satisfactory to the Township.
The owner and/or operator of each approved wrecker shall provide a
certified copy of the policies and/or certificates of insurance satisfactory
to the Township prior to commencement of work. All policies and/or
certificates shall be submitted to the Township risk management consultant
30 days in advance of work by the owner and/or operator of a wrecker
for review and approval.
(2)
On all liability policies, the Township shall be added as an
additional insured, and insurance policies and/or certificates shall
indicate such coverage as primary coverage notwithstanding any insurance
carried by the Township.
(3)
Each insurance policy or certificate of insurance shall contain
a provision that it is not subject to material change, cancellation
or nonrenewal unless 30 days' prior written notice via certified
mail/return receipt shall have been given to the Township by the insurance
company of the owner and/or operator of the wrecker, except that 10
days' prior written notice shall have been given in the event
of cancellation due to nonpayment of premium (hereinafter the "wrecker's
insurance company").
(4)
The providing of any insurance required herein does not relieve
the wrecker company of any of the responsibilities or obligations
assumed by the owner of the wrecker for which the owner of the wrecker
may be liable by law or otherwise.
(5)
If any policies contain deductible or copayments, it shall be
the responsibility of the owner and/or operator of the wrecker company
to pay such sums at the same time a claim is settled by the wrecker
company's insurance company.
(6)
If any policies contain limits of liability with an aggregate
limit, the owner and/or operator of the wrecker company or the wrecker
company's insurance company shall provide the Township, quarterly
during the policy period, a statement evidencing the limits of liability
required under the contract to be in force.
(7)
Failure to provide and continue in force such insurance as required above and as specified in § 135-48C(3) shall be deemed a material breach of the license and shall cause an immediate termination thereof.
(8)
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 A-VII (A minus seven). They shall
be written on an ISO (insurances service office) form or better.
A.
No person shall be liable to any person who tows or stores a private
passenger automobile which was damaged in an accident or recovered
after being reported stolen for any fees in excess of those permitted
by the towing and storage fees schedule contained herein and in accordance
with N.J.A.C. 11:3-38.4; and
B.
The fees set forth for towing and storage are the maximum rates allowed
for a vehicle towed by a wrecker company as a result of an accident
or theft recovery or crime investigation. There shall be no additional
charges other than those provided in this section in accordance with
N.J.A.C. 11:3-38, including but not limited to flat-bedding, waiting
time, winching, uprighting, cleanup cost, and additional labor.
A.
No approved operator shall solicit, demand or receive from any person, any pay, commission or employment whatever, except the proper fee authorized for transporting the disabled or damaged vehicle in accordance with the schedule of towing rates and other charges in § 135-52, in accordance with N.J.A.C. 11:3-38.6.
B.
An approved wrecker company shall keep and maintain towing equipment
which is adequate to perform such towing in reasonably workmanlike
manner.
C.
Each approved wrecker company shall record in a book, kept solely
for such purpose, the details of each vehicle towed in the Township
of East Brunswick, serviced or transported by him or his designee
or servants or employees, together with full information concerning
the details surrounding the hire, the name of the owner of the towed
vehicle and of the patron engaging him. The book shall be kept open
for inspection at all times to a duly authorized representative of
the East Brunswick Police Department.
D.
Each approved wrecker company must adhere to all state laws and regulations
governing towing services.
E.
Each approved towing operator shall treat vehicle owners, operators
and passengers courteously.
F.
Each approved towing company shall require that the driver of a wrecker
shall provide each customer with a receipt showing all fees paid by
that customer.
G.
Each approved wrecker company must permit retrieval of a vehicle
by any authorized party, including but not limited to an insurance
adjuster, the owner, or the owner's designee.
A.
The East Brunswick Police Department generally, and the Chief of
Police or his/her designee particularly, are hereby designated as
the supervising authorities to enforce the provisions of this section.
B.
Suspension. The Chief of Police or his/her designee is hereby empowered
to temporarily suspend for cause any wrecker company's approval
and rights to operate thereunder.
C.
Grounds for suspension. Violations of any provisions of this article,
any other applicable law, regulation, or Township ordinance, illegal,
improper, or fraudulent activity, or substandard performance or service
shall constitute grounds for suspension.
D.
Procedure for suspension. Upon a determination that appropriate grounds exist and that suspension is warranted, the Chief of Police or his/her designee shall issue written notice thereof to the offending wrecker company. The notice shall advise of the suspension, state the basis and duration thereof, establish the conditions for reinstatement, and inform the offending wrecker company of the right to appeal the suspension in accordance with § 135-56.1.
E.
For a violation of any provision of this wrecker article, except § 135-51B (wrecker response time limits), police tow list wrecker licensees shall be subject to the following penalties:
(1)
First violation in any given calendar year will result in a warning
letter.
(2)
Second violation in any given calendar year will result in a fifteen-day
suspension from the police tow list.
(3)
Third violation in any given calendar year will result in a thirty-day
suspension from the police tow list.
(4)
Fourth violation in any given calendar year will result in a suspension
from the police tow list for the remainder of the calendar year, or
for 90 days, whichever is greater.
G.
For a violation of § 135-51B (wrecker response time limits), police tow list wrecker licensees shall be subject to the following penalties:
(1)
First violation in any given calendar year will result in a warning
letter.
(2)
Second violation in any given calendar year will result in a seven-day
suspension from the police tow list.
(3)
Third violation in any given calendar year will result in a fourteen-day
suspension from the police tow list.
(4)
Fourth violation in any given calendar year will result in a twenty-eight-day
suspension from the police tow list.
(5)
Fifth violation in any given calendar year will result in a suspension
from the police tow list for the remainder of the calendar year, or
for 56 days, whichever is greater.
A.
Right to appeal. The rejection of a towing application submitted,
or suspension or revocation of a towing approval issued, pursuant
to this section may be appealed to the East Brunswick Police Department
Chief of Police or his/her designee.
B.
Time for appeal. Appeals must be filed no later than 45 days from
the date of the rejection, suspension, or revocation challenged.
C.
Procedure for appeal. Requests for an appeal must be timely submitted,
in writing, to the Chief of Police or his/her designee. The request
must clearly identify the action challenged and include a statement
of reasons in support of reversal. The appeal may be decided on the
written record or a formal hearing may be conducted, which must be
specifically requested. Upon receiving such a request, the Chief of
Police or his/her designee shall, within reasonable time, schedule
a mutually agreeable date for a hearing.
D.
Conduct of hearing. The hearing authorized by this section shall
be conducted before a three-person panel composed as follows:
E.
Disposition of appeal. After reviewing the aggrieved wrecker company's
written submissions and the record of the formal hearing, if any,
the panel shall issue a written decision upholding, reversing, or
modifying the original determination.
(1)
If the panel recommends a reversal of a rejection or revocation,
its decision shall be forwarded to the Township Council, which, if
in agreement, shall adopt a resolution to that effect. Notice of the
reversal, together with a copy of the panel's decision and Township
Council resolution, shall be sent to the aggrieved party.
(2)
If the panel recommends reversal or modification of a suspension,
it shall so notify the aggrieved party. The notice shall include a
copy of the panel's decision and state the conditions for reinstatement,
if any.
(3)
If the original determination is upheld, the panel shall so
notify the aggrieved party and provide a copy of its written decision.
The municipal officers and/or agencies designated to enforce
the provisions of this article in accordance with due process of law
are the East Brunswick Township Police Department's Special Operations
Section Commander and the East Brunswick Township Zoning and Code
Enforcement Officer, where applicable.
