§ 92-4. Application process.

A. 

Applications for inclusion on the official towers' list shall be made to the Mayor and Council upon a form prepared by the Chief of Police and approved by the Borough Attorney and shall contain all of the following information:

(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 Mayor and Council 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) 

The names and addresses of two business references who have known the applicant for at least two years.

(5) 

Certification that the applicant will be able to provide towing services anywhere in the Borough with a maximum response time of 20 minutes, except when extraordinary circumstances occur.

(6) 

Certification that the applicant will be available for service on business premises 24 hours a day and that they will abide by the fees contained in or referred to in this section.

(7) 

Consent to certification that will consent to appointment of the Borough 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) 

A site plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area.

(9) 

Agreement to abide by the general rules and regulations established by the Chief of Police in connection with towing procedures within the Borough.

B. 

The applicant shall submit completed duplicate applications to the Borough Clerk, who shall forward a copy to the Chief of Police for his review and approval. The review by the Chief of Police shall consist of the following:

(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 drivers' licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of drivers' 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.

C. 

An applicant may be included on the official towers' list by the Mayor and Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, they find 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' license suspended within the past year.

D. 

The Chief of Police shall conduct his review and render a report to the Mayor and Council, recommending either approval or denial of the application, within 21 days of receipt of the application from the Borough Clerk. The Mayor and Council shall take action with regard to the application within 14 days of receipt of the report of the Chief of Police. The applicant or its representative shall be given notice of the date on which the Mayor and Council will consider the application and shall be permitted to appear and be heard at that time.

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 Mayor and Council.

F. 

If the Mayor and Council fail to take action within 60 days of receipt of a complete application, the application shall be deemed to have been denied.