A.
No person, firm, corporation or entity shall act as a motor vehicle
boot owner or engage in booting activities within the meanings of
this chapter without first obtaining:
B.
Each person operating a vehicle boot or causing a boot to be operated
shall carry a copy of a valid license issued by the Commissioner of
Permit and Inspection Services pursuant to this chapter that authorizes
said person to perform motor vehicle booting. Upon the request of
a motor vehicle owner or operator whose vehicle has been booted, a
vehicle boot operator shall display to the owner or operator of such
vehicle said license.
Applications for licenses required by this article shall be
made upon forms provided by the Department of Permit and Inspection
Services of the City of Buffalo, shall be signed and verified under
oath by the applicant if an individual and by a duly authorized agent
if a partnership or corporation or similar organization and shall
set forth the following:
A.
If a person, the name, address, email address (if applicable) and
telephone number of the applicant.
B.
If a partnership, the name, residence, business address, email address
(if applicable), and telephone number of each partner.
C.
If a corporation, the name, date, and state under whose laws such
corporation was organized, and if a foreign corporation, whether authorized
to do business in the State of New York. In either event, such application
shall set forth the names of the principal officers, directors or
other authorized agents, and their residences, business addresses,
email addresses (if applicable), and telephone numbers.
D.
If an organization of any other kind, the authorized agents for said
organization and their residences, business addresses, email addresses
(if applicable), and telephone numbers.
E.
Affidavits attesting that the operators have no criminal record or
a full disclosure of any prior criminal history and an authorization
for a criminal background check.
F.
If the applicant is an owner, in whole or in part, of any privately
owned real property upon which vehicle booting by the applicant or
her agents might take place, a description of every such property.
G.
Proof of insurance in amounts satisfactory to the Department of Permit
and Inspection Services, if deemed necessary by the Commissioner or
his designee.
H.
Other additional information as required by the City of Buffalo.
The Commissioner of Permit and Inspection Services shall forward
such application for a license to the Department of Police of the
City of Buffalo and, after an investigation by said Department, the
Commissioner of Permit and Inspection Services, upon payment of the
proper fee and provided that the statements set forth in the application
are true and that all laws and ordinances pertaining thereto have
been complied with, shall issue a license to the tow truck owner or
applicant. A license may not be issued to an owner or operator convicted
of any offense relating to the theft or dismantling of motor vehicles,
insurance fraud or any series of convictions for traffic offenses
that would indicate a pattern of disregard for vehicle safety.
A.
No license issued under this article shall be transferable or assigned or used by any other person other than the one to whom it is issued, except as provided in Subsection B of this section.
B.
License transfer.
(1)
Where, as a result of illness, death, incarceration, or incapacitation,
a licensee under this chapter is unable to fulfill the duties prescribed
to her by this chapter, the Code of the City of Buffalo, or State
or Federal Law, such licensee may, subject to the approval of the
Commissioner of Permit and Inspection Services, transfer her license
to one person, firm, corporation or entity, who shall assume all the
duties and responsibilities of a licensee under this chapter, the
Code of the City of Buffalo, and State and Federal Law.
(2)
Notwithstanding the other provisions of this chapter, any license transferred under § 454-32B(1) of this chapter shall expire four months after the date of said transfer.
The biennial license fee for doing business as the owner or operator of a motor vehicle boot within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April 1 following the date of issuance, except as provided in § 454-32B(2) of this chapter.
An application for renewal of a license shall be filed and the
fee therefor paid on or before the 15th day of March biennially.
The Commissioner of Permit and Inspection Services may revoke
a license issued under this chapter upon a hearing, after a reasonable
written notice of the time and place of such hearing, for cause and
including, but not limited to, instances wherein the Commissioner
finds that the licensee has made any materially false or incorrect
statements in the application or that the licensee has failed to comply
with any of the provisions of this chapter or any other statute, regulation
or ordinance relating to the operation and/or ownership of motor vehicle
boots.
A.
Anyone holding a valid license for the ownership and/or operation
of a motor vehicle boot under this chapter, when responding to a call
for services, shall cooperate fully with all lawfully constituted
authorities.
B.
Anyone holding a valid license under this chapter is under a continuing
obligation to keep any information provided to the City current and
up-to-date. Failure to provide such information may be cause for revocation
of the license.
