[HISTORY: Adopted by the Town Board of the
Town of Highlands 7-1-1979 by L.L. No. 1-1979. Amendments noted where
applicable.]
This chapter is entitled the "Towing Regulations
Local Law of the Town of Highlands."
[Amended 5-13-2002 by L.L. No. 1-2002; 8-9-2021 by L.L. No. 2-2021]
A.
No person,
firm or corporation shall operate for hire a truck or other type of
motor vehicle designed and able to provide road service and tow other
motor vehicles within the Town of Highlands unless a license therefor
shall first have been obtained from the Clerk of the Town of Highlands
as hereinafter provided. Only one license will be issued per establishment.
However, tow truck operators doing business and based from outside
the Town of Highlands may enter the Town of Highlands without a license
to remove a motor vehicle from any garage, private residence or any
street by permission of the owner.
B.
Cruising
prohibited.
(1)
"Cruising"
is defined as driving along the public streets or roadways solely
for the purpose of soliciting towing or repair work without having
first been called or otherwise requested to provide service. Cruising
for the purpose of soliciting towing or repair work shall be unlawful
and subject to penalty as set forth in this chapter below.
(2)
No
tow truck or service vehicle is permitted to stop within 500 feet
of the scene of a motor vehicle accident or police incident/investigation,
or disabled vehicle on any public street or highway within the Town
of Highlands, without the prior authorization of a law enforcement
officer, unless the owner, operator or a person involved in the subject
motor vehicle accident or with the subject disabled vehicle calls
for or flags down such tow truck or service vehicle. Doing so shall
constitute presumptive evidence that said tow truck or service vehicle
intends to illicitly solicit a tow or repair work.
C.
Limited
licenses. The number of licenses issued within the Town is in the
sole reasonable discretion of the Town Board.
No such license shall be issued unless an affidavit
of application therefor has been filed with the Town Clerk by the
applicant, duly sworn to by said applicant before a duly licensed
notary public of the State of New York, and thereafter approved. The
application shall include the following information:
A.
The name and business address of the applicant, and
if a natural person, his age and residence address.
B.
The registration number of the tow truck to be operated,
and the New York State repair garage license number.
C.
The amount of liability insurance for personal injury
and property damage on said service or tow truck; the name of the
insurance company, which must be licensed to do business in the State
of New York, and the policy number. The limits shall be not less than
$300,000 for each person and $500,000 for each occurrence and not
less than $25,000 for property damage.
[Amended 7-10-1990 by L.L. No. 2-1990]
D.
A certificate of insurance shall be provided which
requires notice to the Town in the event of cancellation or nonrenewal.
E.
Licenses
should only be issued by the Town Clerk upon receipt of notification
from the Chief of Police or designee that the company has received
and passed its annual tow truck inspection.
[Added 8-9-2021 by L.L. No. 2-2021]
[Amended 5-13-2002 by L.L. No. 1-2002]
A.
No such license shall be issued unless the applicant
agrees to charge reasonable rates for towing within the Town of Highlands.
B.
No such license shall be issued unless the applicant
provides the Clerk with a copy of the applicant's rates for towing
within the Town of Highlands for the license year.
C.
Rates submitted
by a company may be subject to review and approval by the Town Board.
Rates shall be posted in a conspicuous location by the company and
may be posted on the Town website.
[Added 8-9-2021 by L.L. No. 2-2021]
[Amended 5-13-2002 by L.L. No. 1-2002]
A.
No such license shall be issued unless the applicant
agrees to charge reasonable rates for towing within the Town of Highlands.
B.
No such license shall be issued unless the applicant
provides the Clerk with a copy of the applicant's rates for service
within the Town of Highlands for the license year.
C.
Rates submitted
by a company may be subject to review and approval by the Town Board.
Rates shall be posted in a conspicuous location by the company and
may be posted on the Town website.
[Added 8-9-2021 by L.L. No. 2-2021]
Every license issued pursuant to this chapter
shall expire on the 20th day of January following the issuance thereof,
and no such license is transferable from one operator to another nor
from one truck to another without the prior consent of the Town Board.
[Amended 11-12-1991; 3-10-1998 by L.L. No. 1-1998]
The annual license fee, for 12 months or part
thereof, payable to the Town Clerk, for each such license or renewal
thereof, which license may cover all tow truck or trucks owned and
listed by licensee, shall be set from time to time by resolution of
the Town Board.
On each side of every tow truck for which a
license has been granted, there shall be legibly inscribed, in letters
not less than three inches high, the name and address of the owner
of such tow truck or the person, firm or corporation having the license
number assigned to such tow or service truck by the Town Clerk and
the license number, posted in cab.
[Amended 5-13-2002 by L.L. No. 1-2002]
Each person, firm or corporation owning an establishment
in the Town of Highlands and operating a tow truck business from that
establishment may obtain a license for all tow truck(s) it desires
to operate, provided that such person, firm or corporation abides
by the regulations set forth herein. No individual truck may be licensed
by more than one applicant. All tow trucks must be registered to the
licensed business, and not leased to nor from any other towing business,
and insured in the same manner.
A.
It shall be unlawful for any person, firm or corporation
to service or tow away any motor vehicle which has been involved in
an accident without prior consent of the owner or operator, or the
police officer at the scene of the accident. No motor vehicle shall
be serviced or removed from the scene of an accident where the police
officer requires or requests that an examination be made of the damaged
vehicles to determine whether the vehicle was defective or where the
police officer requires or requests that photographs and/or diagrams
of the scene be made. It shall be unlawful for any licensed operator
to move, remove or tow away any motor vehicle involved in an accident
without the licensed operator first notifying the police agency having
jurisdiction of the motor vehicle accident and obtaining their approval
to move or remove said vehicle(s) involved in any such accident.
B.
All licensees engaged in towing and storing vehicles shall have a garage keepers' legal liability policy to cover fire, theft and property damage that will cover any vehicle towed, impounded or stored and will keep such policy in effect throughout their license period, and insurance limits not less than in § 186-3C.
C.
All firms called upon to impound a vehicle for the
Town of Highlands Police Department must store the vehicle within
the limits of the Town of Highlands unless directed otherwise by a
member of the Police Department.
D.
No vehicle shall be licensed under this chapter unless
the vehicle to be licensed is properly registered and inspected as
required by the Vehicle and Traffic Law of the State of New York and
unless the address at which it is registered is the place of business
within the Town of Highlands of the applicant.
E.
The licensed firm shall be responsible for the collection
of all fees for service, towing or storage of any vehicle. Neither
the Town of Highlands nor any of its agencies or employees shall act
as agent for the collection of any fees, nor shall they be held responsible
in the event of nonpayment of any moneys due to any licensed firm
as a result of services performed in accordance with this chapter.
All licensed tow operators are authorized to collect reasonable fee
in the event the Town requests towing or impounding.
F.
When called to the scene of an accident, the licensed
firm shall be responsible for removing debris from the roadway, such
as glass, metal fragments, etc., leaving the roadway free from such
debris.
A.
It shall be unlawful for any person, firm or corporation
to drive along any public street or highway within the Town of Highlands
for the purpose of soliciting towing and/or repair work.
B.
It shall be unlawful for any person, firm or corporation
to solicit towing or repair work at the scene of any motor vehicle
accident on private property or on a public highway within the Town
of Highlands.
C.
The stopping of any tow truck or service truck within
500 feet of the scene of any accident or disabled vehicle on any public
street or highway in the Town of Highlands without the prior authorization
of the operator of the vehicle, owner of the vehicle, a member of
the Town of Highlands Police Department or a member of the New York
State Police shall be presumptive evidence of the intent of the operator
of a tow truck or service truck to solicit towing or repair work,
except if owner flags down a passing tow or service truck.
D.
Cruising.
(1)
Cruising shall be defined as driving along the public
highways or roadways solely for the purpose of soliciting towing or
repair work, and without having been first called or otherwise requested
to provide service.
(2)
Cruising for the purpose of solicitation of towing
or repair work shall be unlawful.
[Amended 8-9-2021 by L.L. No. 2-2021]
A.
The Police
Chief shall maintain a list of those tow operators licensed by the
Town of Highlands to respond to calls from the Town of Highlands Police
Department. In order to be included on the call list, an applicant
must meet all of the requirements of this chapter.
B.
Calls
to tow operators on the call list shall be made on a nondiscriminatory
rotating basis, pursuant to procedures established by the Police Chief.
Nothing herein shall prohibit the Police Chief or designee from calling
a tow operator out of sequence or seeking the services of a tow operator
not on the call list if circumstances require specialized equipment,
if the interests of public safety so require, or if the owner/operator
or person deemed to be in control of the vehicle requiring tow services
requests a specific tow operator perform the services required. If
the tow operator selected does not respond to the scene within 30
minutes after notification, the Police Chief or their designee may
summon the next available tow operator on the list. When any unusual
situation occurs which may be dangerous to public safety, such as
a spill of toxic material or other dangerous cargo, the Town of Highlands
Police Department may select any qualified tow operator, regardless
of whether that tow operator is next on the list.
C.
The Town
of Highlands Police Department reserves the right to call any tow
service, whether on the list or not, which may be specifically requested
by the owner/operator of a vehicle in need of tow services, or at
the specific request of any other person deemed to be in control of
the owner's/operator's vehicle.
D.
Inclusion
on the call list shall be automatically revoked upon expiration or
revocation of a licensee's license. The Town Board may also suspend
a licensee's inclusion on the call list for such period of time as
they consider appropriate for violations of this chapter after a hearing
on such violations or immediately upon recommendation of the Police
Chief for emergency purposes.
The Town Board may in each case, after a public
hearing, either deny a license to any applicant whom the Board shall
determine to be an undesirable person or incapable of property conducting
a road service or tow truck business, or revoke the license or licenses
of any licensee whom the Board shall determine has violated the provisions
of this chapter.
The specified dollar amounts established herein
for liability insurance requirements and license fees are subject
to change by local law or resolution of the Town Board.
A.
Each wrecker or service truck shall be equipped with
an amber rotating light mounted at the top of the cab of such vehicle
and shall be of a type that contains at least two sealed beam bulbs
and is visible 360° for a distance of not less than 500 feet under
normal atmospheric conditions, or equal lighting equipment.
B.
Each wrecker or service truck shall be equipped with
two flashing red lights (four-way flashers) so mounted as to show
the width of the vehicle from the rear; said lights shall be visible
for a distance of not less than 500 feet under normal atmospheric
conditions.
C.
Each wrecker shall be equipped with two flashing lights
so mounted as to show the height of the boom from the rear; said lights
shall be visible for a distance of at least 500 feet under normal
atmospheric conditions.
D.
Each wrecker or service truck shall be equipped with
not less than 12 thirty-minute burning-type flares and three reflector-type
flares.
E.
Each wrecker or service truck shall be equipped with
a fire extinguisher, the minimum rating of which shall be at least
10 pounds ABC.
F.
Each wrecker shall be equipped with hoisting equipment
of sufficient capacity to perform the service intended. The hoisting
equipment of each wrecker shall be securely mounted to the frame of
such vehicle. The winch of such hoisting equipment shall contain not
less than 100 feet of 3/8 steel strand cable; said cable shall be
one continuous length and shall be free of breaks, splits or knots.
G.
Each wrecker or service truck shall be equipped with
a broom, shovel and crow bar.
H.
Each licensee shall be equipped with dolly wheels.
I.
Each wrecker or service truck shall meet all the requirements
of the Vehicle and Traffic Law for such vehicles.
J.
Variations
from the equipment required or specified by this section may be reviewed
and approved by the Chief of Police or designee and shall meet all
vehicle and traffic law rules and regulations.
[Added 8-9-2021 by L.L. No. 2-2021]
[Amended 3-10-1998 by L.L. No. 1-1998; 5-13-2002 by L.L. No.
1-2002]
B.
For soliciting and/or cruising, upon conviction, shall
be subject to a fine not to exceed $2,000 or a term of imprisonment
of not more than 15 days, or both.
C.
Any person or entity committing any other offense
against any other provisions of this chapter shall, upon conviction
therefor, be subject to a fine not to exceed $250 or a term of imprisonment
of not more than 15 days, or both.
[1]
Editor's Note: Former § 186-17, Mutuality and cooperation,
as amended, was repealed 8-9-2021 by L.L. No. 2-2021.
[Amended 7-10-1990 by L.L. No. 2-1990; 3-10-1998 by L.L. No.
1-1998; 5-13-2002 by L.L. No. 1-2002]
If the police agency directs a licensed tow operator to tow and impound a motor vehicle, such operator shall provide the facilities to store said vehicle. The store charge will not be in excess of the rate provided to the Clerk in the copies of the towing and service rates. The operator shall provide liability insurance covering said stored vehicle in amounts not less than in § 186-3C, and said policy shall name the Town of Highlands as an additional insured.
