2919-25 Ordinance Revising Towing Licenses Requirements to Establish Radius for Towing Yard (4.21.25).doc.pdf

2919-25 AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 32.3 and 32.8 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (Police-Requesting Towing and Storage Services) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 5 of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: I. PURPOSE The purpose of this ordinance is to revise the municipal code provision governing the licensing for towing companies operating within the Township of West Orange to extend the radius of the requirement for towing licensee’s principal storage yard from a principal storage yard located within the boundaries of the Township of West Orange to a principal storage yard within three (3) miles from the geographical center of the Township of West Orange. II. CHAPTER 5, SECTION 32.3 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: 5-32.3 Application for License; Contents. a. Every applicant for a license under this section shall complete, sign and verify a written application, in triplicate, on forms furnished by the Business Administrator. b. The application shall state: 1. The complete legal name and principal office address of the applicant. 2. The complete home address and home telephone number of the applicant of a sole proprietorship or the complete home address and home telephone number of the shareholders, principal officers and partners if the applicant is a corporation or partnership. 3. The serial number and registration of each vehicle to be operated by the applicant and certificate of title. 4. The location of the storage area for the towing equipment listed in Subsection 5- 32.7 and the vehicles stored following their being towed by the licensee, record owner of same and name and addresses of any lienholders. 5. The principal storage yard for all vehicles towed under this ordinance must be within three (3) miles from the geographic center of the Township of West Orange identified as the intersection of Prospect Avenue and Mount Pleasant Avenue. 6. The name and address of the insurer and policy numbers of the garage keeper's liability and garage liability policies, proof of payment of premium which policies shall name the applicant as the insured as mandated in Subsection 5-32.12 herein. Formatted: Right Deleted: boundaries

2 7. Consent to 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. 8. An agreement to be available for service or on call 24 hours a day every day of the year and to abide by the fees as set forth by resolution of the Township Council pursuant to Subsection 5-32.6. 9. Proof that the applicant holds title or is a bona fide lessee of the equipment and storage space used for the entire period of the contract. 10. Proof that all storage facilities owned by the applicant are located in areas appropriately zoned for Storage Services. c. Applications shall be filed with the Business Administrator together with a certified check for the application fee set forth by resolution of the Township Council pursuant to Subsection 5-32.6. d. Applications in conformance with this section shall be submitted in triplicate no later than May e. Applicants shall provide a current business registration certificate in accordance with N.J.S.A. 52:32-44. III. CHAPTER 5, SECTION 32.8 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: 5-32.8 Storage and Garage Facilities. a. General Storage. Each licensee shall have dedicated storage space within three (3) miles from the geographic center of the Township of West Orange, identified as the intersection of Prospect Avenue and Mount Pleasant Avenue, sufficient to accommodate at least 80 vehicles, including storage space within the confines of West Orange sufficient to accommodate at least 50 vehicles, outdoors or indoors, for at least 30 days. b. Indoor Storage; Police. In addition to the storage space referred to in Subsection a above, each licensee shall have indoor storage space sufficient to accommodate at least four vehicles for exclusive use by the West Orange Police Department for impounded vehicles and vehicles that are the subject of any Police investigation. This facility must be located within three (3) miles from the geographic center of the Township of West Orange, identified as the intersection of Prospect Avenue and Mount Pleasant Avenue. c. Equipment Facility. Each licensee shall have an area and facility adequate for the storage and servicing of the equipment required by Subsection 5-32.7. d. Condition of Facilities; Signs; Moving of Vehicles. All

acility. Each licensee shall have an area and facility adequate for the storage and servicing of the equipment required by Subsection 5-32.7. d. Condition of Facilities; Signs; Moving of Vehicles. All storage and garage facilities shall be adequately safeguarded against vandalism and theft. The licensee shall assume and be solely responsible for all costs incident to moving vehicles from one storage area to Deleted: contained in this section Deleted: specified in Deleted: , or a community adjacent and contiguous to West Orange … Deleted: the boundaries of

3 another storage area owned or operated by the licensee. The facilities shall also be clean and in good order and the hours of recovery of vehicles shall be prominently posted and previously approved in writing by the Township. A licensee must have, at least, the following hours of recovery: Monday through Friday, excluding holidays, 8:00 a.m. to 6:00 p.m. and Saturday, excluding holidays, 8:00 a.m. to 1:00 p.m. IV. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. V. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. VI. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. ________________________________ Joe Krakoviak Council President ________________________________ Honorable Susan McCartney Mayor Introduced: April 22, 2025 Adopted: May 6, 2025 Approved as to form on the basis of the facts provided: ______________________________ Karen J. Carnevale, R.M.C. Municipal Clerk Formatted: French (France) Deleted: ________________________________¶

4 2919-25 Legislative History The purpose of this ordinance is to revise the municipal code provision governing the licensing for towing companies operating within the Township of West Orange to extend the radius of the requirement for towing licensee’s principal storage yard from a principal storage yard located within the boundaries of the Township of West Orange to a principal storage yard within three (3) miles from the geographical center of the Township of West Orange. Formatted: Right Deleted: Joe Krakoviak¶ Council President¶ ¶ ________________________________¶ Honorable Susan McCartney¶ Mayor¶ Introduced: ¶ Adopted: ¶ ¶ Approved as to form on the basis of the facts provided:¶ ¶ ______________________________¶ Richard D. Trenk¶ Township Attorney¶ Page Break