[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 10-2-1996 by Ord. No. 42/96. Amendments noted where
applicable.]
WHEREAS, pursuant to N.J.S.A. 40:48-2.49, the Town of West New
York may, by ordinance, regulate the removal and storage of motor
vehicles within the town; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5(u), the town may establish
a rotation list of official towers to provide towing, wrecker and
storage service without public bid; and
WHEREAS, the governing body, by this ordinance, desires to establish
such a rotation list of official towers, to establish qualifications
for inclusion on that list and to set forth regulations governing
the towers on that list:
A.
AUTOMOBILE
BASIC TOWING SERVICE
INSIDE BUILDING
MOTOR VEHICLE ACCIDENT
OUTSIDE SECURED
REPOSSESSION
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
TOW VEHICLE
TOW VEHICLE'S BASE OF SERVICE
As used in this chapter, the following terms shall
have the meanings indicated:
A motor vehicle 10,000 pounds or less registered gross vehicle
weight (GVW).
[Amended 8-19-2009 by Ord. No. 22/09; 1-15-2014 by Ord. No. 30/13]
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, including
service provided in connection with the provision of emergency road
services. Basic towing service does not include removal and transportation
of an automobile from a highway, street or other public or private
road or a parking area or from a storage facility, and other services
normally incident thereto, in connection with or related to the repossession
of an automobile; or the recovery of an automobile from a position
beyond the right-of-way or berm, or from being impaled upon any other
object within the right-of-way or berm.
[Amended 8-19-2009 by Ord. No. 22/09]
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
[Amended 8-19-2009 by Ord. No. 22/09]
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.[1]
A creditor’s attempt to gain possession of an automobile
pursuant to N.J.S.A. 12A:9-609 under a claim of right thereunder.
[Added 8-19-2009 by Ord.
No. 22/09]
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
[1]
Editor's Note: The former definition of "outside unsecured,"
which immediately followed, was repealed 1-15-2014 by Ord. No. 30/13.
A.
The Director of Public Safety shall appoint persons
or companies meeting the criteria set forth in this chapter and engaged
in the business or offering the services of a motor vehicle towing,
wrecker or storage service, whereby damaged, impounded, disabled,
abandoned, immobile or illegally parked motor vehicles are towed or
otherwise removed from the place where they are damaged or disabled,
by use of a tow vehicle, as defined in this chapter. Such persons
or companies shall be known as "official towers."
B.
Official towers shall be identified by means of a
license which shall be issued as hereinafter provided.
A.
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
damaged, impounded, disabled, abandoned, immobile or illegally parked
within the limits of the town, when requested to do so by an authorized
town official.
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the governing body. Any official tower to whom
approval to subcontract work has been given shall be responsible for
the services performed by the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
A.
Applications for inclusion on the official towers'
list shall be made to the Director of Public Safety upon a form provided
by and submitted to the License Bureau and shall contain all of the
following information:
[Amended 1-15-2014 by Ord. No. 30/13]
(1)
The name, residence and business address and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Director
of Public Safety concerning the personnel, vehicles, equipment and
storage facilities of such applicant, as hereinafter provided, showing
that the applicant meets the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
(4)
Each towing operator shall be licensed. The fee for
each towing operator who is listed on the towing rotation shall be
$7,000 for a three-year period.
(5)
The names and addresses of two business references
who have known the applicant for at least two years and who can attest
to the applicant's experience and performance in the towing, wrecking
and storage business.
(6)
The names and addresses of any other public agencies
which the applicant has or is contracted with in the last five years.
B.
Upon receipt of a complete application, the License
Bureau shall forward a copy to the Director of Public Safety for review
and approval. The review by the Director shall consist of the following:
[Amended 1-15-2014 by Ord. No. 30/13]
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their driver's licenses suspended or revoked within the
past year. Conviction of a criminal offense or suspension of a driver's
license within the past year shall be a cause for disqualification
from inclusion on the official towers' list.
(2)
An inspection of the personnel, 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 applicable laws and regulations and the
standards of performance required by this chapter.
(3)
A check with State Division of Consumer Fraud to determine
if the applicant has had complaints filed against it and the findings
of such complaints. A sufficient number of verified findings against
the applicant shall be cause for disqualification.
(4)
An investigation and inquiry with any other public
agencies which the applicant presently or previously has contracted
for towing to determine the applicant's compliance in their rules
and regulations. Failure to comply with other agencies may be cause
for disqualification.
C.
An applicant may be included on the official towers'
list by the Director of Public Safety when, from a consideration of
the application and from such other information as may otherwise be
obtained, the Director finds that all of the following circumstances
exist:
(1)
The applicant has not knowingly and with intent to
deceive, made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter.
(2)
The applicant has met the standards in this chapter
and has furnished the required hold harmless agreement and certificate(s)
of insurance.
(3)
The application has been reviewed and approved by
the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel
have been convicted of a criminal offense or had their drivers' licenses
suspended within the past year. In the discretion of the Director
of Public Safety, an applicant may be granted a license pending return,
of a criminal record search.
D.
The Licensing Officer shall conduct a review and render
a report to the Director of Public Safety, recommending either approval
or denial of the application, within 60 days of receipt of the application.
The applicant, or its representative, shall be given notice of the
date on which the Director of Public Safety will consider the application
and shall be permitted to appear and be heard at that time. The Director
of Public Safety's recommendation may be subject to a return of background
investigation.
[Amended 1-15-2014 by Ord. No. 30/13]
E.
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision
of the Director of Public Safety. Notice can be by regular mail or
other electronic means such as e-mail.
[Amended 1-15-2014 by Ord. No. 30/13]
F.
In the event the application is not approved or denied
within 60 days, the applicant may file an appeal within 10 days after
receipt of such notification with the Town Administrator requesting
a hearing. Notice of the appeal must also be filed with the Director
of Public Safety.
[Amended 1-15-2014 by Ord. No. 30/13]
G.
If approval is granted by the Director of Public Safety,
the same is contingent upon receipt of a completed background investigation
and shall be revoked in the event of negative results.
[Amended 1-15-2014 by Ord. No. 30/13]
H.
The Town
reserves the right to limit the number of approved towers on the official
rotation list to three in order to promote efficiency and consistency.
[Added 1-15-2014 by Ord.
No. 30/13]
A.
Upon approval of the application as herein provided,
the Licensing Officer shall issue the applicant an official towers'
license for each tow vehicle to be utilized in providing services
pursuant to this chapter.
[Amended 1-15-2014 by Ord. No. 30/13]
B.
Said licenses, which shall be in a form approved by
the Director of Public Safety.
[Amended 1-15-2014 by Ord. No. 30/13]
C.
The licenses shall be valid for a period of two years
from the date of issuance, shall be nontransferable and shall be subject
to revocation by the Director of Public Safety for any of the following
reasons:
(1)
If it is subsequently determined that the applicant
knowingly and with intent to deceive, made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter.
(2)
Violation of any federal or state law or municipal
ordinance or regulation relating to the operation of a motor vehicle
or the provision of towing services.
(3)
Violation of any rule or regulation promulgated by
the New Jersey Department of Insurance.
(4)
Unsatisfactory service provided pursuant to this chapter.
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of two regular
tow vehicles, two flatbed vehicles and one heavy-duty tow vehicle.
[Amended 1-15-2014 by Ord. No. 30/13]
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel lift assembly at least 100 feet of either three-eighths
inch or seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3)
Each applicant shall submit, along with its application,
proof of ownership or lease of the vehicles which will be utilized
to provide services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall have two-way
communications capability with a dispatching center on a twenty-four-hour
basis.
[Amended 1-15-2014 by Ord. No. 30/13]
(2)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicle, visible
from 360° when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or pry bar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry-chemical-type, one dozen flares or
similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, at least 10 pounds of dry sand or a
drying compound for gasoline and oil spilled onto the roadway and
a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(3)
Every tow vehicle or flatbed vehicle shall comply
with any and all state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the Director of Public
Safety.
(4)
Every tow vehicle or flatbed vehicle shall display
the official towers' license and shall have the name of the official
tower displayed on the vehicle in such a manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements.
(1)
Official towers shall have available, at all times,
a minimum of four persons to provide the services required by this
chapter.
(2)
All persons employed by official towers to provide
the services required by this chapter shall meet the following requirements
and be subject to the following regulations. They shall:
(a)
Be competent mechanics able to provide minimum
road services for disabled vehicles.
(b)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(c)
Be mentally alert and present a neat appearance
at all times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Director of
Public Safety or his designee and shall be approved by the Director
prior to rendering any services pursuant to this chapter.
[Amended 1-15-2014 by Ord. No. 30/13]
(f)
Not have been convicted of a crime nor have
had their driving privileges suspended or revoked within the past
year.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of 50 passenger vehicles and one tractor and trailer. The
area shall have an indoor secured area for the storage of five police
hold vehicles. This area shall be equipped with a door to which the
Police Department can attach its own padlock.
[Amended 1-15-2014 by Ord. No. 30/13]
(b)
The location of the storage area shall be either
within the limits of the town or at such location outside of the town
as to facilitate reasonable towing distances. If located out of town,
it must provide transportation to the storage location from the police
station or accident scene.
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress, and shall be lighted from
dusk to dawn.
(d)
The storage area shall be in an area legally
zoned for such use.
(e)
The storage facility shall be available for
towing and to the public 24 hours a day, 365 days per year.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(h)
The Official Tower shall have 20 spaces available for use by
the Town of West New York to store abandoned vehicles. The Tower shall
keep the junk vehicles for a minimum of six months. During the six-month
period, the Town shall comply with the provisions of N.J.S.A. 39:10A-1
through 7 and attempt to notify the vehicle owner. If the vehicle
owner cannot be located and the vehicle qualifies as a junk vehicle,
then the vehicle shall be processed for a junk title. Once junk titles
have been obtained and it is determined that the value of the vehicles
are below 15% of the bid threshold, then the Board of Commissioners
can determine that the vehicles are surplus property and the junk
vehicles released to the Official Tower, who has stored the vehicles,
to offset the cost of towing and storing the vehicles. The Official
Tower shall accept the junk vehicles as full payment for the storage
of these vehicles. The Town shall not be liable for any additional
costs for the towing or storage of the vehicles.
[Added 1-15-2014 by Ord.
No. 30/13; amended 8-19-2015 by Ord. No. 12/15]
(2)
No vehicles may be stacked during storage unless the
stacking equipment is approved by Chief of Police.
(3)
The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(4)
The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred
by such vehicles while in transit to or while stored in the storage
areas.
A.
Official towers shall be placed on the list in the
order in which their application is approved. Once the initial list
has been established, new official towers, when their applications
have been approved, will be added to the end of that list.
B.
The town shall request wrecking, towing and storage
services from each official tower in monthly rotation. When called,
the tower shall advise the dispatcher if a vehicle is available and
the estimated time of arrival. If no tow vehicle is available or if
the response time will exceed 20 minutes, the next official tower
on the list shall be called, and so on. If none of the official towers
are available or able to provide such services as are requested by
the town, the town may request such services from any other available
source.
C.
All requests for service shall be made by the Administrator,
Superintendent of Public Works or any member or the Police Department
or Fire Department and must be reported immediately to the police
desk. The Police Department should forward said request to the tower.
D.
The town shall request service only from official
towers; provided, however, that if no emergency or road hazard exists,
the town shall request such service from such other person as the
owner of the motor vehicle in need of such services may request. All
cars towed by a licensed tower under the auspices of this chapter
shall tow said vehicles to town-owned and/or -maintained storage facilities.
In the event said facility is unavailable, the licensed tower shall
then tow the vehicle to its own storage facility.
[Amended 12-3-1997 by Ord. No. 33/97]
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the town over any other requests which may be received by the
official towers.
Applicants shall agree in writing to assume
the defense of and indemnify and hold harmless the town, its elected
officials, boards, commissions, officers, employees and agents, from
all suits, actions, damages or claims to which the town may be subjected
to any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of the town pursuant
to this chapter. Official towers shall enter into a hold harmless
agreement in a form to be prepared by the Town Attorney prior to being
included on the official towers' list.
A.
No person shall be included on the official towers'
list unless and until such person has provided to the town a certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverage:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limits.
(2)
Workers' compensation as required by law.
(3)
Garage keepers liability in an amount not less than
$200,000 per location.
[Amended 1-15-2014 by Ord. No. 30/13]
(4)
Garage liability in an amount not less than $1,000,000
combined single limit.
(5)
Sufficient comprehensive general public liability
insurance to protect the town from any liability, loss or damages
arising out of the activities to be conducted. Such insurance shall
be in the minimum amount of $1,000,000 for each person and $3,000,000
for each accident.
B.
Policies of insurance shall contain endorsements to
provide collision coverage from vehicles in tow.
C.
Policies of insurance shall be written by insurance
companies authorized to do business in the State of New Jersey. Insurance
companies shall be acceptable to the town and shall have at least
a B+ rating by a recognized rating service.
D.
The Town of West New York shall be named as an additional
insured on all policies of insurance provided pursuant to this chapter.
All certificates of insurance shall provide that the policies may
not be canceled, terminated or coverage decreased without 30 days'
written notice to the town.
E.
Policies of insurance required by the this chapter
shall be maintained in full force and effect at all times. In the
event that any coverage is canceled, terminated, interrupted or decreased
in amount, the tower shall be removed from the official towers' list
until such time as the required coverage is reinstated or replaced.
[Amended 12-3-1997 by Ord. No. 33/97; 8-19-2009 by Ord. No. 22/09]
A.
This chapter
is not intended to regulate and set fees for the provision of emergency
road services.
B.
The following charges shall be the charges for basic
towing services and storage:
[Amended 1-15-2014 by Ord. No. 30/13]
(1)
Towing charges.
[Amended 5-17-2018 by Ord. No. 9/18]
(a)
All vehicles five tons and under: $125.
(b)
All vehicles over five tons: $250 per hour, two-hour minimum.
(c)
Motorcycles or motor scooters: $125.
(d)
Police and other municipal vehicles: All licensees shall be
obligated to tow and to make minor roadside service repairs to vehicles
owned by the Town of West New York, in the event that they become
disabled, without charge to the Town if towed within the County of
Hudson.
(3)
Winching service charge. Winching service charges apply to instances
where the vehicle must be pulled back onto the roadway and put in
proper position to "hook" the vehicle to the tow truck. These instances
include, but are not limited to, vehicles that are positioned in embankments,
overturned or positioned in such a precarious manner that normal winching
to facilitate the tow is unsuitable. The charges are as follows:
[Amended 5-17-2018 by Ord. No. 9/18]
(5)
Any person found to be in violation of the terms and
conditions of this chapter two times within any one year shall have
his license to operate a tow vehicle or towing service in the Town
of West New York suspended for six months.
(6)
It shall be the duty of all official towers and towing
services to maintain a listing of the rates shown herein in their
vehicles and posted at their facilities.
(7)
If the owner of an unattended vehicle appears on the scene and the
vehicle does not need to be towed or impounded, the licensee shall
not charge for the service call, unless the vehicle has been hooked
up to the tow truck, in which event a flat fee of a towing charge
of $80 may be assessed against the owner of the vehicle. The tow operator
is not required to wait more than five minutes on scene to receive
payment.
[Amended 5-17-2018 by Ord. No. 9/18]
(8)
There
shall be no charge for towing, storage, impoundment if it is determined
by the Director of Police that such vehicles have been towed, stored
or impounded due to an error by the towing operator or the Police.
This determination shall be in the sole discretion of the Director
of Police and is binding upon the licensee, who shall make no claims
against the Town or the owner of the vehicle, and if payment has been
received, the payor shall be reimbursed the full amount.
C.
The following shall be required:
(1)
Every official tower shall maintain a written schedule of all rates and charges, in compliance with the limitations in Subsection B hereof, and shall make such schedule available to any person requesting same at any time.
(2)
Every official tower shall plainly and conspicuously
post, in an area within the premises where customers are likely to
be present, a schedule of maximum fees and towing charges permitted
by ordinance of the Town of West New York.
(3)
Whenever practicable, the owner or driver of any vehicle
utilizing official tower services shall be given a copy of a full
schedule of rates at the time the official tower services are rendered.
In any event, a full schedule of rates shall be annexed to each bill
for wrecking services.
(4)
Before any license is issued or renewed as provided in this chapter, a representative of the Police Department shall inspect the official tower to determine whether the schedule and statement prescribed by Subsection B of this section are conspicuously displayed on the tow vehicle.
(5)
Every official tower that performs private property or other nonconsensual
towing shall retain, for three years, records of invoices, job orders,
documentation of waiting time, logs, documents relating to services
performed and rates charged, and any contracts under which the towing
company is authorized to perform private property towing services.
These records must be made available for review by the Division of
Consumer Affairs upon request.
[Amended 5-17-2018 by Ord. No. 9/18]
D.
The fees set forth in Subsection B for towing rates are the maximum charges that shall apply for basic towing services unless a competent state agency capable of setting rates for local municipal towing has set lower standard or model rates for such services, in which case those shall apply. There shall be no additional charges other than those provided herein, including but not limited to flatbedding, waiting time, cleanup cost and additional labor when only basic towing services as defined are provided.
E.
The fees set forth in Subsection B for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to an automobile that is stored by a person, unless a competent state agency capable of setting rates for local municipal towing has set lower standard or model rates for such services, in which case those shall apply.
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Town Hall. Copies shall also be
made available to the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, a schedule of
the fees that may be charged for all services provided pursuant to
this chapter.
C.
The town reserves the right to make periodic unannounced
inspections of the personnel vehicles, equipment and storage areas
of all official towers.
D.
The relationship between an official tower and the
town is one of an independent contractor. Neither party shall be construed
in any manner whatsoever to be an employee of the other, nor shall
any employee or agent furnished by any party be construed to be an
employee or agent of the other party. Inclusion on the official towers'
list shall not be construed or considered as a joint venture, partnership,
association, contract or employment or profit-sharing agreement.
E.
The municipality shall not be liable or responsible
for compensating the official towers for any of the services performed
under this chapter unless those services are performed for town vehicles.
Compensation shall be the responsibility of the owner of the towed
motor vehicle, and the official tower shall proceed directly against
the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released,
all services rendered and all fees charged and collected. All records
shall be available for inspection by the town at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized as long
as the requirements of this subsection are met.
A.
In the event a complaint is received by the Town involving
the improper or unsatisfactory performance of services by an official
tower, excessive charges or damage to a motor vehicle while in the
custody of the tower, written notice of the same shall be provided
by the Licensing Officer to the official tower involved. The tower
shall have the opportunity to respond, in writing, in five days.
[Amended 1-15-2014 by Ord. No. 30/13]
B.
Within 14 days of receipt of the tower's response,
or within 21 days of receipt of the complaint, if no response is received,
the matter shall be presented by the Licensing Officer to the Director
of Public Safety.
[Amended 1-15-2014 by Ord. No. 30/13]
C.
The Director of Public Safety shall consider the matter
at a hearing and may request that the complainant and the tower involved
appear and give testimony regarding the complaint.
[Amended 1-15-2014 by Ord. No. 30/13]
D.
If, after considering the matter, the Director of
Public Safety shall determine that one of the causes for revocation
of the official towers' license exists, the license shall be revoked,
and the tower shall surrender the same to the Licensing Officer within
one day.
[Amended 1-15-2014 by Ord. No. 30/13]
E.
Failure to surrender the license upon revocation shall
constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the
right of any person to commence or maintain an action for damages
or any other relief directly against an official tower in a court
of competent jurisdiction.
A.
Any person who shall violate any of the provisions
of this chapter shall be subject to a fine not to exceed $500, and
each violation of any of the provisions of this chapter and each day
the same is violated shall be deemed and taken to be a separate and
distinct offense.
B.
In addition to the fine provided above, a violation
of any of the provisions of this chapter shall be cause for revocation
of the official towers' license.
