Village of Old Brookville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. 154.
Vehicles and traffic — See Ch. 280.

§ 260-1 Title.

This chapter shall be known and may be cited as the "Tow Truck Law of the Village of Old Brookville."

§ 260-2 License required.

No person shall operate or cause to be operated a tow truck for hire within the Incorporated Village of Old Brookville without obtaining a license for such tow truck from the Board of Trustees signed by the Mayor and countersigned by the Village Clerk.

§ 260-3 Application.

A. 
Form. An application for a tow truck license shall be filed in the office of the Village Clerk upon a form prescribed by the Board of Trustees which shall include:
(1) 
The name and business address of the applicant, and if he or she is a natural person, his or her age and residence address.
(2) 
The year of manufacture, make and model of the tow truck to be operated in the Village.
(3) 
The registration number of such tow truck.
B. 
Schedule of rates. The applicant shall file with the Village Clerk a schedule of the maximum rates to be charged for towing and storage of disabled motor vehicles. Such charges shall be based on the distance that each disabled motor vehicle is to be towed and shall not be based on availability of tow truck facilities. No tow truck owner or operator or other person employed by owner shall base any charge upon estimation.
C. 
Proof of insurance. The applicant must provide:
(1) 
Evidence that he/she is insured against public liability in the limits of at least $300,000 for personal injury to each person; $500,000 for personal injury for each accident and $25,000 for property damage, which insurance shall be maintained in force during the period covered by the license.
(2) 
Provide proof of garage keeper's liability insurance in the limit of $50,000, which insurance shall include coverage for vehicles being towed and shall be maintained in force during that period covered by the license.
(3) 
All insurance policies provided for in this section must be issued by an insurance company or entity duly recognized by the New York State Department of Insurance and licensed to do business in the State of New York.

§ 260-4 Issuance of license.

Upon filing of the application and approval by the Mayor and Board of Trustees, and payment of the fee specified in Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville, the Village Clerk shall issue a license which shall expire on the 31st day of December following the issuance thereof. If an application has been denied, the review procedure established in § 260-11 of this chapter may be initiated by the applicant.

§ 260-5 Renewal of license.

Any license previously issued may be renewed by filing an application in the Village Clerk's office during the month of December preceding the date or expiration. The Village Clerk shall grant a renewal unless information has been filed in the Village Clerk's office establishing sufficient cause to deny same.

§ 260-6 General requirements.

A. 
Removal of vehicles; permission required. It shall be unlawful for any person to tow away any motor vehicle which has been involved in an accident without the prior consent of the owner or the police officer at the scene of the accident, and no vehicle shall be removed from the scene of an accident where the police officer requires or requests that an examination be held for the purpose of determining whether the vehicle is defective.
B. 
Soliciting prohibited. It shall be unlawful for any person to drive along any street or highway in the Incorporated Village of Old Brookville for the purpose of soliciting towing work.
C. 
Lettering. On each side of every towing car 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 of the person having the license therefor and the license number assigned to such tow truck by the Village Clerk.

§ 260-7 Rules and regulations; promulgation by Mayor.

No license may be issued unless the applicant meets the requirements of §§ 260-8 and 260-9 of this chapter. The Mayor, with the approval of the Board of Trustees, is hereby empowered to promulgate and prescribe additional rules and regulations for the proper administration and enforcement of this chapter.

§ 260-8 Qualifications for driver and helper.

A. 
A towing car driver or helper:
(1) 
Must be a citizen of the United States or a declarant.
(2) 
Must be at least 21 years of age.
(3) 
Shall not have been convicted of a felony.
B. 
A driver must posses a valid New York State driver's license, in the appropriate class, as required by the New York State Vehicle and Traffic Law.

§ 260-9 Qualifications for owner.

A towing car owner:
A. 
Shall be a citizen of the United States, or if a corporation, the officers thereof shall be citizens of the United States.
B. 
Shall be at least 21 years of age.
C. 
Shall not have been convicted of a felony or misdemeanor.
D. 
Shall have a qualified place of business which, for purposes of this chapter, shall mean one which:
(1) 
Is an established garage equipped for the repair and storage of automobiles involved in accidents.
(2) 
Has at least 1,600 square feet of working space in its body shop, together with a separate paint room partitioned from the remainder of the shop.
(3) 
Is located not more than five miles from the Village's limits.
(4) 
Has been established and operating for at least one year at the time of applying for a license under this chapter.
(5) 
Maintains a twenty-four-hour service for the towing and storage of motor vehicles involved in accidents.
(6) 
Shall remain open during normal business hours, shall provide facilities whereby towing customers may pick up their vehicles any day of the week during at least the hours of 7:00 a.m. and 8:00 p.m. and shall maintain a telephone answering service for such times that it is not actually open.
(7) 
Has indoor and outdoor parking space for a total of at least 20 vehicles.
E. 
Shall maintain at his place of business twenty-four-hour service for the towing and storage of motor vehicles.
F. 
Shall be registered as a motor vehicle repair shop pursuant to the New York State Motor Vehicle Repair Shop Registration Act (NYS Vehicle and Traffic Law, Article 12-A).

§ 260-10 Conduct of driver.

A licensed towing car driver or helper shall:
A. 
Have his identification card and appropriate license in possession at all times while engaged in his occupation as a towing car driver or helper.
B. 
Not permit any other person to use his identification card.
C. 
Not be engaged on an unlicensed towing car or on a towing car the license of which has been suspended or revoked.
D. 
Promptly report the loss of his identification card to the Village Clerk.
E. 
Report change of address to the Village Clerk within 48 hours.
F. 
Have with him all times properly authorized forms for towing and repair, such forms to be printed and maintained by the towing car owner.
G. 
When requested by the police, assist in clearing vehicles and debris, including vehicle fluids, from the public highway.

§ 260-11 Suspension and revocation of a license.

A. 
Suspension. The Village Clerk shall have power to suspend any license issued pursuant to this chapter for the violation of any rules thereof or of any rules and regulations promulgated by the Mayor for the failure of the owner or operator of any tow truck to render the services to the owner or driver of a disabled vehicle who is able and willing to pay the fee prescribed in the schedule of prices filed by the licensee of such tow truck as hereinafter prescribed. Unless an application for review under Subsection B below is made to the Board of Trustees, such license shall be deemed revoked after the expiration of 20 days.
B. 
Application for review. Any applicant who shall have been denied a license under this chapter by the Village Clerk or whose license has been suspended or revoked by the Village Clerk may, in addition to whatever other legal recourse is available, apply to the Board of trustees for a review of the action by the Village Clerk as hereinafter provided:
(1) 
The application to review the Village Clerk determination shall be in writing, signed and verified by the applicant and shall state his or her reasons for claiming that the Village Clerk's determination was erroneous.
(2) 
The application for such review must be filed with the Village Clerk within 20 days of the service upon the applicant either by mail, or in person, of the denial or suspension by the Village Clerk.
(3) 
Upon the filing of such application to review, the Board of Trustees shall hold a hearing thereon pursuant to the provisions hereinafter set forth.
C. 
Hearings.
(1) 
Whenever it shall be provided herein that a hearing may be held by the Board of Trustees, such hearing shall be held on a date and at a place and hour designated by the Board of Trustees, but in no event shall this date exceed 45 days from the date of filing of the application referred to in Subsection B above;
(2) 
The Village Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or license at least 10 days before such hearing;
(3) 
At such hearing, the Board of Trustees shall consider the application for review, in relation to the determination of the Village Clerk and, in its discretion, may receive new or additional evidence in support of, or in opposition to, the determination under review;
(4) 
The applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his or her own behalf as may be relevant to the subject matter of the hearing; and
(5) 
All witnesses may be sworn and examined under oath upon the direction of the Board of Trustees.
D. 
Board of Trustees' decision. The Board of Trustees, after such hearing, may grant, reinstate, or revoke such license.

§ 260-12 Penalties for offenses.

Any person violating any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, of the Code of the Village of Old Brookville.