[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tow Truck
Law of the Village of Old Brookville."
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.
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:
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.
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.
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.
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.
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.
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).
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.
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.
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.
