§ 166-9. Suspension and revocation of license.

A. 

The Township reserves the right to suspend the license of a licensee at any time if an inspection by a Township police officer or a Township official determines that the required equipment is missing or inoperable or unsafe; and/or the tower fails to respond to a service call within 15 minutes; and/or the tower charges fees that are not normal and customary and/or in excess of the comparable prevailing rates charged by other licensees located in Upper Southampton Township. Any such suspension of any licensee's license shall continue, without rebate of either the application fee or license fee until such time as the Township determines the licensee is in full compliance with the terms and conditions of the regulation.

(1) 

The licensee agrees to execute a hold-harmless agreement for any and all claims, actions or causes of action arising from suspension of license for the reasons set forth above at the time of initial application for towing license.

(2) 

The Township shall give the operator warnings or notice that the licensee is in violation of the provisions and terms of this regulation prior to any formal action to suspend the license. The Township shall permit the licensee to correct deficiencies within the time frames as follows:

(a) 

In the case of a non-safety violation, the licensee shall have 10 days in which to correct deficiencies.

(b) 

In the case of safety-related violations, the licensee shall have until the next call for a tow to correct deficiencies.

B. 

A towing license shall be revoked upon a finding by the Township any of the following grounds:

(1) 

The license was procured by fraudulent conduct or false statement or omission of a material fact, and, in this event, the license shall be null and void and as if an application had never been filed.

(2) 

The licensee failed to perform or violated any of the duties of a licensee set forth hereinabove.

(3) 

The licensee no longer meets all the standards for issuance of a towing license.

(4) 

The licensee's application is found to be defective in any way or contains misinformation or omissions of fact, and, in this event, the license shall be null and void and as if an application had never been filed.

(5) 

The licensee failed to correct safety related or non-safety-related deficiencies within the allotted time as provided above.

(6) 

The licensee's license had been suspended three times.

(7) 

Failure of the licensee to comply with any of the terms of this chapter when, in the sole discretion of the Chief of Police, such failure is willful and intentional or when such failure or the reckless conduct of the licensee or its operator jeopardizes the personal safety of a police officer or any other individual.

C. 

Complaints.

(1) 

The owner or person in charge of any vehicle that this Department has caused to be towed and who has a complaint against the towing service may file a written complaint with the Chief of Police.

(2) 

The Chief of Police shall make a determination of the merit of such complaint and take such action as necessary to correct the matter, if the complaint is validated.