From and after the passage of this chapter, it shall be unlawful for
any person, firm or corporation to have any of their agents, servants or employees
engaged in tow truck wrecker service within the corporate limits of said town
to come within 1,000 feet of the scene of any accident or to cause their wreckers
to approach nearer than 1,000 feet of the scene of any accident of any automobile
or other vehicle within the corporate limits of said town until the Police
Department has had an opportunity to investigate said accident and have directed
and authorized said wrecker to approach within said prohibitive distance and
take charge of said wrecked vehicle and to remove the same from said scene.
[Amended 12-16-1992 by L.L.
No. 8-1992]
A. If a hazardous or emergency situation shall be present
because of disabled vehicles, the New Hartford Town Police shall call in a
tow operator to maintain orderly traffic flow and public safety, and such
selection of tow operator shall be in accordance with the following Police
Department regulations, hereinafter listed:
(1) In the event of multi-service calls, the New Hartford
Police Department shall be responsible to contact additional wreckers.
(2) A customer may remove his/her vehicle within a twelve-hour
free-storage period, upon payment of his/her towing charge.
B. If a hazardous or emergency situation does not exist
resulting from a disabled vehicle or vehicles, then the vehicle operator shall
make the decision or choice as to which tow truck operator he selects to employ.
C. If neither of the above situations set forth in Subsection
A or
B hereinabove occurs, then the New Hartford Town Police shall then call the nearest available tow truck operator in relation to location of main business garage.
The towing service operator, upon completion of a tow, shall levy tow
service charges against the rightful owner of the vehicle in conformity with
the Code of the Town of New Hartford. No fee may be levied for response not
resulting in the removal of the vehicle. The cost of removal or towing shall
be the responsibility of the vehicle owner or operator and shall not exceed
the rates established by law.
The Police Commission or, if there is none, the Town Board is hereby
given authority to promulgate such other rules or regulations as they deem
necessary, consistent with the intent of this chapter.
Any person, firm or corporation engaged in the wrecker or tow service
violating this chapter shall, upon conviction, be subject to a fine not exceeding
$250 and/or imprisonment of up to 15 days, or both.