[HISTORY: Adopted by the Township Council of the Township of Springfield 12-13-2006 by Ord. No. 2006-16; amended in its entirety 7-13-2011 by Ord. No. 2011-08. Subsequent amendments noted where applicable.]
For purposes of this chapter, the following terms, phrases and words shall have the meanings given herein:
- ABANDONED VEHICLE
- A vehicle located on a public right-of-way, not in operation, and with no operator or owner visible, and as defined in Title 39 of the New Jersey Revised Statutes.
- 6:00 p.m. until 6:00 a.m.
- HEAVY-DUTY VEHICLE
- Any vehicle in excess of 20,000 pounds- registered GVW.
- All holidays recognized by the Township of Springfield.
- LIGHT-DUTY VEHICLE
- All passenger cars and two-axle vehicles up to 8,000 pounds' registered gross vehicle weight (GVW).
- MEDIUM-DUTY VEHICLE
- All vehicles with a registered GVW in excess of 8,000 pounds and less than 20,000 pounds' GVW.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- SCENE CLEANUP
- A fee may be charged for scene cleanup if the towing company has to use any material such as a speedy dry for substances spilled upon the roadway. Example: any additional materials other than a broom and a shovel. The towers shall removal all debris from the roadway and properly dispose of same. Failure to remove debris shall be a violation of the terms of this chapter.
- A person engaged in the business of offering the services of a vehicle tower or towing service, whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by the use of a tower or truck so designed for that purpose.
- Hoisting, lifting, removal, hauling and transportation of any type of vehicle of any size from the highways, streets and roads located in the Township of Springfield.
- The Township of Springfield.
- WAITING TIME
- Shall commence one hour after arrival at the scene and is defined as additional time the tow company is required to wait on location for EMS services and or police investigations. A fee of $55 per hour may be assessed for this time.
- 6:00 p.m. Friday until 6:00 a.m. Monday.
- As defined. If a vehicle can be driven once it is winched to the roadway, only the charge of winching can be assessed.
- WINCHING SERVICE
- Any operation in which a vehicle is moved onto a roadway from a position off the roadway or any other operation in which substantial work is required to prepare a vehicle for normal towing.
When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any term or word defined in the New Jersey Department of Insurance Rules and Regulations, N.J.A.C. 11:38-1 et seq., shall be applicable to this chapter.
Generally. The governing body of the Township, at the beginning of each contract, shall secure a contract with the towers to be called by the Police Department in a sequential order based on the rotation list. An application fee of $10 per contract (light-, medium- and heavy-duty shall be separate contract application fees) shall be paid upon submission of the application packet to the Township Clerk. An annual fee of $400 for a light-duty and medium-duty tower contract and $750 for a heavy-duty tower contract shall be paid to the Municipal Treasurer by each tower so authorized and approved on or before December 1 of year preceding the effective date of the contract. The contract shall be secured after the submission of a complete application packet as hereinafter set forth and the review and recommendation of the same by the Mayor and Council and the Chief of Police, said contract to be awarded by the Township Council. Any tower receiving a contract shall be placed on a rotation list. The purpose of the rotation list is to allow for fair, nonbiased dispersal of the towing needs of the Township. Any applicant who attempts to or in fact circumvents the intent of the rotation list by placing himself/herself/itself on the list in more than one position to secure an advantage over the other towing operators or by either creating secondary entities or by collusion with another towing contractor shall be deemed in violation of this chapter and shall immediately be removed from the list for the remainder of the contract term. Any application that contains information as to equipment, location, leasing, insurance, employees, or more than 10% ownership stake in another company that has also made application shall render all applications submitted with the duplicate information invalid. In the event the tower assigned to a particular rotation is unavailable, then the next tower on the list shall be called during said rotation. Each contract shall be for a three-year period commencing January 1 of the contract award year. Applications for the next contract period shall be received no later than October 1 of the year prior to the contract award period.
Application process. Any person interested in being placed on the aforementioned rotation list, by way of a contract award, shall submit an application on a form to be prepared by the Township Clerk or his designee, said form to contain at a minimum the information specified herein. The applicant shall provide, at a minimum, the following information:
A list of required equipment and proof of ownership.
The experience of the applicant, with references.
Available personnel (employees).
Proper business and trade licenses and license of vehicles.
Tow trucks having two-way radio capability with a dispatching center on a twenty-four-hour basis.
The storage location, setting forth capacity, the contractor responsible for the safe storage area location and proof of ownership or lease of the storage area.
Insurance and proofs of coverage.
A complete list of stockholders, showing percentages of ownership.
A noncollusion affidavit.
An affirmative action affidavit.
A hold-harmless agreement.
Certification that the applicant is able to provide towing services anywhere in the Township in accordance with the chapter response times.
Certification that the applicant will be available for service on business premises 24 hours a day and will abide by the fees set forth in this chapter.
Certification that the applicant shall consent to the appointment of the Township Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
A certified driver's abstract from the New Jersey Motor Vehicle Commission shall be obtained by the applicant for each employee who will be operating a vehicle for the company, at the applicant's expense. Employees who provide clerical services only are exempt from this requirement.
A fingerprint-confirmed criminal history check shall be supplied by the applicant for each employee of the company. The Chief of Police shall direct the applicant to the appropriate facility for submission of the fingerprints. The applicants shall bear the cost of the fingerprint criminal history checks.
Any and all other necessary certifications as required by this chapter.
Review of application. The Chief of Police shall review the background check information of the applicants and of any employees to be utilized in the towing and storage operation. The background check is to determine if either the applicant or its employees have been convicted of a criminal offense within the previous five years or have had their driver's license suspended or revoked within the past year. Conviction of a criminal offense within the past five years or a DWI within the previous five years or suspension of a driver's license within the past year shall be a cause for the disqualification of the applicant from being awarded a contract. If the applicant terminates an employee who has caused the disqualification and has provided proof to the Township, the application may proceed. The Chief of Police or his designee shall conduct an inspection of the employees, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with the applicable laws, regulations and standards of performance required by this chapter. The Township shall, at the cost of the applicant, obtain a Better Business Service Bureau report and any other reports that the Township Council may deem necessary. After investigation, the Chief of Police shall advise the Township Council, by written report, whether an applicant meets the standards to be awarded the appropriate contract to provide towing services to the Township of Springfield.
Independent contract. By submission of the fee and application, the tower agrees that all equipment used under the terms of the contract shall be and remain property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the Township of Springfield. The tower shall be operating under a contract and in no way or sense is an agent or employee of the Township of Springfield.
Hold-harmless agreement; liability.
The tower, by submission of the fee and application, agrees to assume the defense and indemnify and hold harmless the Township, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the Township may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Prior to providing the towing services, the tower shall execute the appropriate contract containing the required hold-harmless clause.
The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the Township and its officers, employees and agents from any and all suits, actions, damages or claims arising out of the performance of the duties specified in this chapter.
The Township of Springfield shall not be liable for any service whatsoever which may be rendered to motor vehicles, and the tower shall only seek payment from the driver and/or owner of such vehicles for compensation.
Township Council decision. The Chief of Police shall conduct the aforementioned review and investigation and render a report to the Township Council, recommending either approval or denial of the application, within 21 days of the receipt of the application from the Township Clerk, who shall immediately forward the review and recommendation to the Township Council. The Township Council shall, at its discretion, review the application for completeness and then take action with regard to the application and award or not award a contract within 14 days of the receipt of the report and recommendation of the Chief of Police. The applicant or its representative shall be given notice of the date on which the Township Council shall consider the application and the award of the contract and shall be permitted to appear and be heard at the same time. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Township Council.
The following general requirements shall apply to all towers and towing operations acting on behalf of the Township of Springfield:
Equipment. The tower shall have sufficient equipment, either owned or by subcontract, to tow any size vehicle utilizing the highways, streets and roads in the Township of Springfield. The minimum requirements are one thirty-ton-capacity large wrecker, one medium-duty, ten-ton-capacity wrecker and two four-ton-capacity small wreckers (flatbed or wheel lift optional). The specifications are as follows:
Minimum 1,000 by 20 tires with dual rear wheels.
Air fittings for releasing air-pressure lock, brakes on dump trucks and tractor-trailers.
All required ICC safety equipment must be carried.
Portable safety lighting to be installed on rear of towed vehicle.
Off-side truck winching.
Chassis requirements should be 10,000 pounds' gross vehicle weight and dual rear tires.
Steering wheel lock on each wrecker for towing vehicles from the rear.
Tow sling-type bar, rubber strap, to lift the car so that no part of metal touches the car.
Optional flatbed on wheel lift tow truck plus four-ton wrecker.
At the time of the submission of the application, the tower shall submit proof satisfactory to the Township and the Police Department of ownership of the aforementioned vehicles. Adequate proof shall be proof of ownership by recorded title of the required number of vehicles necessary to meet the chapter requirements or an executed lease/rental agreement for the equipment required extending six months beyond the length of the contract. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower. Towing contracts are now awarded for three-year periods.
No applicant may submit an application that contains the same information submitted for another application for a towing contract, i.e.: the same ownership greater than 10%, the same employees, tow vehicles, equipment, business location, licenses, insurance policies, or lease agreements. Submission of duplicate information in order to meet the standards for awarding a contract shall render all of the applications submitted by those entities invalid and ineligible to be awarded a contract for the complete contract term.
The tower shall have a sufficient number of employees available to comply with the minimum operational requirements of this chapter. The tower shall indicate in his application the number of employees who will be on the day shift and the number assigned to the night shift, seven days a week.
No person shall be employed by the tower unless the Township has received a records check which has been approved by the Chief of Police.
All drivers of the tower shall be over the age of 18 years and must have a valid, current New Jersey driver's license with no restrictions or conditional endorsements, except a condition requiring glasses, and shall be in good health and of high moral character.
The tower shall submit with the application to the Township the names and addresses of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information will be kept current to the Township by the owner. At the request of the Police Chief or his designee, the towing agency shall provide a complete list of all drivers, driver's license numbers, and their employees associated with the towing of any and all vehicles for the Township. In addition, upon request, the tower shall provide proof of a valid registration and insurance card as well as all other state-required documents regarding any vehicle utilized by that agency for the purposes of towing for the Township of Springfield.
No driver shall perform services under this contract unless previously listed by the contractor to the Township.
Availability; response time. The tower shall be available 24 hours a day, seven days a week, for the use of the Township at the direction of the authorized representatives of the Police Department as per the rotation requirements hereinafter set forth. During the rotation that the tower has exclusive rights to tow vehicles on behalf of the Township of Springfield, said tower shall be called or dispatched first by the Police Department. In the event that said tower is unavailable with respect to a particular incident, then the next tower shall be called or dispatched to the scene, the next tower to be as set forth on the rotation list established by the Township Council upon the recommendation of the Chief of Police. The rotation list shall be as a result of the receipt and review of the approval of the aforementioned applications and the award of a contract with respect thereto. In the event that none of the towers set forth on the rotation list are available or are able to provide the appropriate services as requested by the Township, or if an emergency exists, the Township may request such services from any other available source. During adverse weather conditions, heavy traffic conditions or emergency conditions, the tower set forth on the rotation list shall give priority to requests from the Township over any other request which may be received by the tower. Notwithstanding the establishment of a rotation list by the Township Council, no tower shall be called until the Chief of Police or his designee has ascertained that the following requirements have been met:
The insurance policies, as required, have been procured and supplied.
The vehicle to be used for towing has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed. No vehicle shall be licensed as a wrecker which is using dealer license plates or which failed inspection.
The requirements of this chapter and all other laws, statutes and ordinances have been met.
Storage location. The vehicles must be towed to a location containing a minimum storage area of at least 2,500 square feet. The applicant shall submit, as part of the application process, proof that he owns or can lease the aforementioned minimum storage area. For the convenience of the public and for investigative purposes, the storage area must be located within a six-mile radius of the Township of Springfield's boundary lines. If the tower has an option to lease the required storage area, he shall submit with his application a copy of the option agreement containing the legal description, together with a copy of the survey of the land. The lease shall extend to at least six months after the termination of the contract. The surveys as required herein shall have set forth thereon a certification by the surveyor to the Township as to the square footage within the storage area as surveyed. The storage area shall meet the following requirements:
The land used for the storage of vehicles shall be zoned for each such use and shall meet all applicable municipal codes. In addition, it shall be in an area reasonably accessible to the public so that stored automobiles may be claimed.
No towed vehicle may be parked upon the public street, and it shall be stored by the tower within the storage area as hereinafter defined.
The storage area must be accessible 24 hours per day by the police.
The storage area shall accept all types of cars and trucks and shall be able to hold at least 25 vehicles of any type.
The entire land shall be enclosed by a fence of sturdy construction of at least six feet in height and shall be secured with lighting.
All the land proposed to be utilized by the tower for storage shall be level and clear of all debris and must be clearly marked.
The storage area shall be used for the storage of vehicles awaiting a claimant or an auction sale only. The land shall not be used for the storage of vehicles owned by the tower, even if the tower purchases the same at an auction held on the premises. Any vehicles purchased by the tower at an auction shall be removed from the site of the auction within the time specified in the advertisement.
The tower shall be responsible for each vehicle in his area until final disposition and removal as ordered by the Township. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.
Rotation lists. The Township shall maintain two rotation lists. One list shall contain applicants capable of providing light and medium-duty towing, as set forth in the Towing and Recovery Association of America, Inc., Vehicle Identification Guide as Class I and Class II. That list shall be known as the "light- and medium-duty list." The Township Police Department shall also maintain a rotation-based list of companies for heavy-duty towing. Companies on this list must maintain equipment capable of towing vehicles in Class III and Class VIII, Towing and Recovery Association of America Inc., Vehicle Identification Guide. That list shall be known as the "heavy-duty list."
Records; inspection; release of vehicle.
The tower shall maintain records of all vehicles towed, stored and released by him pursuant to this chapter. Records shall be kept for a seven-year period. The tower shall maintain a record provided by the police of all property found anywhere in a towed vehicle, including the trunk and glove compartment if opened or key available, and the tower shall be responsible to safeguard and release the contents to the owner.
Only the Chief of Police or his designee shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas. Authorized representatives of the Police Department or the Township Council or their designees shall have access to any of the records required to be kept by the tower.
The tower shall not release vehicles towed under this contract without the claimant first obtaining a release from the Police Department.
The service, equipment and personnel are subject to periodic inspections and approval of the Township. The Township reserves the right to have a qualified person or agency make such inspections.
Disputes and adjustments. Any disputes over the interpretation of the contract, including reasonableness of any fees assessed, shall be settled amicably, if possible, through negotiations between the tower, the Police Department and the Township Council. In cases where the Township has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Township Council for reimbursement of costs incurred in the towing and storage of said vehicle.
Standby service. In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God, and for any other reason when so designated by the Township Council and/or Chief of Police or their duly authorized representatives. During such periods, which are herein referred to as "standby service periods," the tower shall be required to furnish adequate equipment and service to be held ready to remove all types of vehicles. Standby service will begin when the Chief of Police or his authorized designee calls the tower initially and will end when he terminates the standby status by calling the tower. The Township reserves the right, during any emergency, to designate temporary areas owned or leased by the Township for the storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.
Removal. Vehicles shall be removed as follows:
Abandoned vehicles, as defined in Title 39 of the New Jersey Revised Statutes, shall be removed under the direction and supervision of the Police Department on a twenty-four-hour-a-day basis. All calls with respect thereto shall be answered within 30 minutes from the time of notification under normal conditions, seven days a week, anywhere within the Township limits, unless the Police Department determines it is not a threat to a vehicle, traffic or persons and could be removed during regular business hours. Abandoned vehicles shall be towed, without charge to the Township, to the aforementioned storage area and stored thereon for longer than 90 days without any charges or liens accruing against the Township. Abandoned vehicles remaining after 90 days may be removed from the secure area, provided that a junk title has been applied for pursuant to the provisions of Title 39, said application to be by the tower.
The tower may be penalized $150 per day for each abandoned vehicle not removed and towed within a reasonable amount of time after notification by the Police Department, and that may be grounds for termination of the contract.
The requirement to tow abandoned motor vehicles shall only apply to public rights-of-way, easements, avenues, places, including public parks and playgrounds, and all quasi-public areas. The owner of private property shall be responsible for the removal of any unattended or disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6 and shall employ a tower of his choice.
The Township retains the right to require that the abandoned vehicle shall be towed to municipal property and to retain any monies realized from the sale of such vehicles. Otherwise, it shall be the responsibility of the tower to provide for the disposition of abandoned vehicles and the issuance of junk motor vehicle titles in accordance with the provisions of Title 39. The Township Police Department shall assist in providing any information needed for the proper disposition of such vehicles.
Vehicles not abandoned.
All vehicles involved in accidents, disablements, stolen vehicles, vehicles involved in suspected crimes and the like shall be towed and stored under the direction and supervision of the Police Department 24 hours a day, seven days a week. Vehicles shall be available for release between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 noon, Saturdays and Sundays, except legal holidays. Sunday hours are optional. However, no storage charge for Sunday shall be assessed if a vehicle is picked upon on Monday. The tower shall arrive at the scene of the accident within 30 minutes under normal conditions after police notification. Repeated late arrivals at the scene of accidents may result in the termination of the contract as otherwise provided in this chapter.
In the event that the tower has been summoned by the Township for purposes of towing a vehicle and the owner of the vehicle has also summoned his own tower and said tower arrives on the scene prior to the removal of the vehicle by the Township tower, then the owner is entitled to remove his own vehicle at no cost or expense to the owner or to the Township. There shall be no charge to the Township for the tower appearing at the scene under said conditions.
The tower shall, at no cost to the Township, be responsible for the changing of patrol car tires when disabled and the towing of disabled police vehicles when required by the Police Department. The tower shall, without charge to the Township, complete any inspections at motor vehicles, including garage reports and fatal motor vehicle accidents, as determined by the Police Department.
Storage. The tower shall store the abandoned and nonabandoned vehicles in the storage area as required in this chapter. The vehicles shall be stored until claimed by the owner or until auctioned by the Township in compliance with state law or as otherwise to be disposed of pursuant to state law. Vehicles to be removed shall be towed to the tower's storage area or to Township property at the discretion of the Township police.
The tower shall indemnify and hold harmless the Township of Springfield from any and all claims against the Township of Springfield arising out of the operation of any towing services or garage services or storage services or repair services under this chapter. Liability insurance shall include contractual liability of $1,000,000 combined single unit.
The tower shall carry workers' compensation insurance in accordance with the requirements of the New Jersey State law. The tower shall also carry public liability and property damage and contingent liability insurance to indemnify the Township of Springfield and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of any act or omission of the tower, his agents or employees in or due to the execution of the work called for under the contract and this chapter. Such policies shall contain the provision that 30 days' notice of change or cancellation be given to the Township by the insurance company. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow. In addition, the tower shall have coverage for contractual liability and also name the Township as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the contract.
The tower shall have appropriate bodily injury liability insurance with $1,000,000 combined single limit.
The tower shall have automobile bodily injury liability insurance with limits of not less than $500,000 for each person and $1,000,000 for each accident and property damage liability insurance with a limit of not less than $500,000 for each accident.
The tower shall have garagekeepers' liability in an amount of not less than $60,000 per location and garage liability in an amount of not less than $1,000,000 combined single limit.
Certificates of insurance showing that both the tower and the Township of Springfield are named as additional insured, in conformance with the above, shall be furnished to the Township purchasing agent, subject to approval of the Township Solicitor, and filed with the Township Clerk. The certificates of insurance shall be delivered to the Township purchasing agent together with the executed contract.
Towing and storage charges and fees shall be in accordance with the provisions of this chapter. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tower's storage area and shall be posted on each and every vehicle. The tower shall prepare a bill for charges pertaining to each vehicle and present the same to the claimant of a vehicle. The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may complain with respect thereto to the Township. The Township will not be responsible for charges due and owing from a claimant of a vehicle, nor will it assist the tower in collecting such charges.
In the event the Township conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tower's bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of such auction. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee for which the Township must pay the State of New Jersey for title certificates shall be paid by the purchaser at the auction even if the tower is the purchaser and shall be in addition to the bid price of each vehicle. In the event the Township determines to utilize the provisions of Title 39 with respect to unclaimed vehicles, the tower shall receive no compensation for its services.
The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area and from the storage area to the curbline of the property on which is located the storage area. There shall be no additional charge for towing a vehicle from the storage area to the curbline for the purpose of an owner of a vehicle towing the vehicle to a service station or other vehicle repair shop or the person's home or any location, unless otherwise provided in this chapter. The charge for towing includes any incidental and related costs, such as connecting and reconnecting a transmission. There shall be no additional charges for any other services, including but not limited to waiting time, cleanup costs and additional labor when the towing services as defined herein are provided, except as otherwise provided herein. The tower may charge a fee for a vehicle lockout service, i.e., when a tower responds and opens a locked vehicle when the owner/operator has locked the keys in the vehicle or is otherwise unable to open the vehicle.
Charges and fees. To be set forth by separate ordinance adopted by Council.
Specialized equipment. In cases where the tower must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefor shall be paid by the owner of the vehicle, after the owner of the vehicle or his agent has given his prior written consent thereto, except where said vehicle is deemed a hazard to health or safety, whereupon said vehicle will be removed at the direction of the Chief of Police or his designee, with the owner then being responsible for all personnel, equipment and labor costs. The necessity for specialized equipment shall be determined by the Chief of Police or his designee.
Unloading of goods. In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to or after towing, an agreement shall be reached between the tower and the owner of the vehicle or the owner's agent or representative as to the charge for said service. No written agreement is necessary in an emergency situation, and the Chief of Police or his designee shall determine when an emergency exists.
The Chief of Police and the Township Manager, at their discretion, shall determine from time to time the actual number of towing agencies needed to perform the services for the Township.
If a tower is in violation of any of the terms of this chapter or the contract, the Chief of Police shall notify the Council liaison, and the Council liaison shall notify the tower in writing. If the violation is not corrected within 48 hours of the receipt of said written notice, the Council liaison, upon notification to the Chief of Police, may revoke the contract or impose sanctions as set forth below. Adequate grounds for a revocation of the contract or sanctions shall include but not be limited to a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service or violation of the New Jersey statutes or regulations. The tower has the right to appeal to the full Township Council within 10 days of the receipt of the Council liaison's written decision and shall receive a hearing within 30 days of the receipt of the notice. Upon conclusion of the hearing, the Township Council shall determine whether to affirm, reverse or modify the Council liaison's decision. Complaints of any kind relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Council liaison, if necessary. A first offense for a violation of this chapter shall be removal from the list for up to 30 days. A second offense violation shall be removal from the Towing list for up to 180 days and a fine of $500. A third or subsequent offense shall be removal from the tow list for the term of the contract period. All such complaints, based on the severity of the complaint and the Township Council's opinion, may be cause for termination of the contract by the Township Council.