[HISTORY: Adopted by the Board of Trustees of the Village of Airmont
3-20-1993 by L.L. No. 26-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Regulation under vehicles and traffic — See § 200-10. Towing away of vehicles.
This chapter shall be known and may be cited hereinafter as the "Towing
Law of the Village of Airmont."
That in order to protect the health, safety and welfare of the residents
of the Village of Airmont, the public interest requires the registration and
licensing of all persons, firms, corporations or other organizations operating
a towing or tow truck business within the Village of Airmont.
No person, firm, corporation or other organization shall operate a truck
or other type of motor vehicle designed and capable to tow other motor vehicles
for hire within the Village of Airmont unless a license therefor shall first
have been obtained from the Town Clerk of the Town of Ramapo or Chief of Police
of the Town of Ramapo as hereinafter provided. In addition such person, firm,
corporation or other organization must also register with the Village Clerk.
Wherever used in this chapter, unless a different meaning clearly appears
from the context, the following terms shall have the meanings indicated:
The driving of a wrecker or other tow vehicle to and fro along any
Village road, street or highway for the purpose of soliciting business in
the Village.
Owned, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
corporation or other organization, and the singular or plural, masculine,
feminine or neuter thereof, unless the contrary is clearly expressed.
A vehicle used for the purpose of towing, transporting or otherwise
removing any and all kinds of vehicles which are disabled.
Cruising, as defined herein, is prohibited within the Village of Airmont.
A.
Applications for registration issued hereunder shall
be made upon forms prepared and made available by the Village Clerk and shall
state:
(1)
The name, home address and proposed or actual business
address of the applicant and whether he is the owner, lessee or bailee.
(2)
A description of the wrecker for which the license is
desired, including the year, make, model, type, serial number of the body
and motor capacity.
(3)
The length of time for which the wrecker has been in
use as a wrecker.
(4)
That the applicant has available space for properly accommodating
and protecting all disabled motor vehicles to be towed or otherwise removed
from the place where they are disabled and that the disabled vehicles will
not be stored or allowed to remain on public property or town streets, roads
or highways or on property which is not zoned for storage.
(5)
Such other information which the Village Clerk shall
deem necessary or proper to effectuate the purpose of this chapter and to
determine whether there has been compliance with the terms hereof.
All registrations issued under this chapter shall be issued to expire
and shall expire on the 31st day of December next succeeding the date of issuance,
unless sooner suspended or revoked by the Village of Airmont Village Board
as hereinafter provided.
No person shall drive a wrecker who is under the age of 18 years and
who has not in his possession a license duly issued to him to operate a motor
vehicle in the State of New York.
A wrecker registrations hereunder shall be issued, subject to the following
conditions:
A.
The licensee shall prominently display the license issued
by the Chief of Police and the registration issued by the Village Clerk in
the right front windshield of the wrecker.
B.
No licensee or his agents or servants shall solicit,
demand or receive from any persons any pay, commission or emolument whatever,
except the proper fee authorized for transporting the disabled vehicle.
C.
Licensees, their agents and servants shall keep and maintain
towing equipment which is adequate to perform such towing in a reasonably
workmanlike manner.
D.
Each and every licensee hereunder shall record in a book
kept solely for such purpose the details of each disabled vehicle towed, serviced
or transported by him or his agents or servants or employees, together with
full information concerning the details surrounding the hire, the name of
the owner of the towed vehicle and of the patron engaging him, which book
shall be kept open for inspection at all times to a duly authorized representative
of the Police Department of the Town of Ramapo or of the Village Board.
The tow trucks of licensees shall be equipped at all times with emergency
flashing amber lights visible from front and rear, a CO2
or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a carton
containing at least one dozen red railroad-type flares, a dolly and a shovel
and a broom for clearing the highway of debris, if any. All equipment shall
be maintained in good condition and in satisfactory working order.
Such additional rules and regulations regarding the rotation of wreckers
as they may be hereafter promulgated by the Ramapo Police Department shall
take effect immediately after service of a copy thereof on holders of all
licenses for wreckers in the town. Service upon a licensee may be made by
sending by ordinary mail a copy of the additional rules and regulations to
said licensee's business address.
Motor vehicles not involved in accidents but which are otherwise disabled
and which are disrupting the flow of traffic and whose owners do not otherwise
request assistance from a licensee, or motor vehicles which are to be impounded
for other reasons, shall be towed to the place of impoundment designated by
Ramapo Police Department.
Except as to the prohibition against cruising, the provisions of this
chapter are applicable to the engaging of wreckers by the Ramapo Police Department
either on its own initiative or at the request of owners, drivers or lessees
of vehicles requiring the services of wreckers.
Nothing in this chapter shall prevent the owner, lessee, agent or driver
of a vehicle which is disabled from calling a wrecker of his choice to remove
his vehicle.
The Ramapo Police Department shall have the power to require wreckers
to remove vehicles where:
A.
There is obstruction of a public right-of-way or private
property.
B.
A vehicle has been vandalized or presents a fire or safety
hazard or an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
An abandoned vehicle is not licensed or operable.
E.
A vehicle is violating any emergency no-parking provisions
as set forth in any law of the Village of Airmont.
F.
Any other condition where permitted or required by law.
A licensee called to the scene of an accident, if necessary, must sweep
away or clean up any debris, but only if he is provided with police protection
against moving vehicles at the scene.
A.
The Village Board may, following a hearing before such
Village Board, revoke the registration granted to any person, firm or corporation
under the authority of this chapter or any law, ordinance, rule or regulation
relating to towing.
B.
In addition to any other penalties that may be invoked
under this chapter, any person, firm or corporation violating any of the provisions
of this chapter shall be punishable by a maximum fine of $250 or a maximum
term of imprisonment of 15 days, or both.[1]
C.
In addition to the above-provided penalties and punishment,
the Village may also maintain an action in the name of the Village in any
court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
D.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
