[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
9-28-1965 (Ch. 228 of the 1981 Code). Amendments noted where applicable.]
It is hereby declared and found that the towing of disabled motor vehicles
in the streets of the Village of Babylon is a matter affecting the public
interest and should be subject to supervision and administrative control for
the purpose of safeguarding the public against fraud and exorbitant rates
and similar abuses and that it is of vital importance to the traveling public
that disabled vehicles be removed from the streets and highways as promptly
as possible to avoid retarding the movement of traffic and possible accidents.
This chapter shall be known and may be cited as the "Tow Truck Ordinance"
of the Village of Babylon.
It shall be unlawful for any person to drive along any public street
or highway within the Village of Babylon for the purpose of soliciting towing
work or to solicit towing work at the scene of any motor accident on private
property or on any street or highway within the Village of Babylon without
first having obtained and paid for a license for a tow truck and having the
same in force and effect.
A.
It shall be unlawful for any person to drive along any
public street or highway within the Village of Babylon for the purpose of
soliciting towing work.
B.
Except as provided in Subsection C of this section, the provisions of this chapter relative to the operation of tow trucks shall not apply to tow trucks operated from points outside of the limits of the Village of Babylon, provided that such tow trucks shall have been licensed and are operated in accordance with the provisions of the rules, regulations or amendments of an ordinance relating to tow trucks adopted and in force in the municipality or political subdivisions from which such tow truck shall operate and have its principal place of business and shall display the license as required by such ordinance.
C.
The exemption provided in Subsection B of this section shall not apply to a tow truck which is habitually operated on any street or highway within the Village of Babylon from one point in the Village to another point in the Village, regardless of where its principal place of business shall be located.
No person shall operate a truck or other type of motor vehicle designed
and capable of towing other motor vehicles for hire within the Village of
Babylon unless a license shall first have been obtained for such truck from
the Clerk of the Village of Babylon as hereinafter provided, except that tow
truck operators from outside the Village of Babylon may enter the Village
of Babylon to remove a motor vehicle from any garage without a license but
may not remove a motor vehicle from an accident scene or road site.
No such license shall be issued unless an application therefor shall
have been filed with the Village Clerk upon a form prescribed therefor, which
shall include:
A.
The name and address of the applicant, address or place
where tow cars are to be garaged and from where dispatched, specifying in
the case of any unincorporated association, the names and addresses of each
member thereof and, in the case of any corporation, the names and addresses
of each officer, director and stockholder thereof.
B.
A statement that he has read and understands the provisions
of this chapter and will abide by them if issued a license.
C.
The age and citizenship of the applicant and each member
thereof, if an unincorporated association, and each officer, director and
stockholder thereof, if a corporation.
D.
The description and registration number of the tow truck
to be operated.
E.
The amount of liability and property damage insurance
on said tow truck, the name of the insurance company and the policy number.
F.
The schedule of maximum prices the licensee agrees to
charge during the term of the license for towing motor vehicles from points
within the Village of Babylon and for the legal storage of such vehicles at
its public garage or storage space. Such schedule may be based upon the distance
that each motor vehicle is to be towed, the weight of the vehicle towed and
the time of day or night such services are performed.
G.
Whether or not the licensee wishes to be placed on the
nonaccident roster.
H.
Whether the applicant holds a license or licenses for
any truck or trucks issued by the Town of Babylon or any incorporated Village
in the Town of Babylon and the numbers thereof.
I.
Any other relevant information which the Village Clerk
may require.
If the Village Clerk finds upon investigation that the applicant is
a fit person and is capable of properly conducting such tow truck business
and conforms to the provisions of this chapter, then the Village Clerk shall
issue a license or medallion to be conspicuously displayed on said tow truck.
Each license issued pursuant to this chapter shall expire on the first
day of January following the issuance thereof and will not be transferable
from one person to another.
[Amended 11-30-1981 by L.L. No. 19-1981]
The fee for such license or renewal thereof shall be as established in Chapter 215, Licensing. The fee is payable to the Village Clerk if the applicant's place of business is in the Village. Such license may cover but one tow truck. Upon the surrender of the license to the Village Clerk by the licensee, the license fee will be rebated to the licensee on a prorated basis, provided that the licensee has committed no acts or misconducts during the period in which the license was enforced; except, however, $5 shall be retained as a minimum fee for the issuance of the license.
On each side of every tow truck 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 licensee and the license or medallion number assigned
to such tow truck by the Village Clerk.
The tow trucks of licensees on the nonaccident roster must be equipped
with emergency flashing red lights, a carbon dioxide or dry-powder fire extinguisher
with a minimum capacity of 15 pounds, a carton containing at least one dozen
red railroad-type flares and a broom for clearing the street or highway of
debris, if any.
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 licensed tow truck, or motor vehicles which are to be impounded for other reasons, shall be towed away by licensed tow trucks from the nonaccident roster on a rotating basis. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer. In the event a licensed tow truck is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rates provided for in § 331-14E(1) and (2) of this chapter.
The Village Clerk shall prepare and certify the nonaccident roster to
the Babylon Precinct Commander of the Suffolk County Police Department in
the order in which the aforesaid licensees applied for placement on the roster.
Any licensee, as hereinbefore provided, who further files with the Village Clerk on a form prescribed therefor, which shall include but not be limited to Subsections A through G as described hereinafter and who pays to the Village Clerk as provided in § 331-9 an additional fee as set from time to time by resolution of the Board of Trustees shall be placed upon an accident roster from which the Suffolk County Police Department in the Town of Babylon shall call upon to remove disabled vehicles from the scene of accidents, provided that:
A.
The licensee swears under oath that he owns, operates
and maintains a bona fide legally permitted public garage within the Village
of Babylon for repairs to and rebuilding of the body, frame and chassis of
an automobile damaged by collision or otherwise. For the purposes of this
section, applicants who state that they maintain a public garage on the very
same premises or real property owned by another licensee and on which said
licensee operates a public garage or on which another licensee maintains a
place of business, or the applicant states that he is a lessee of a licensee,
shall not quality for a place on the accident roster as herein provided.
B.
Such public garage maintains twenty-four-hour service
to answer emergency calls regarding motor vehicles.
C.
The tow truck or trucks of such licensees are equipped
with a lifting boom on the rear of the truck, with a minimum one-and-one-half-ton
power winch, equipped with 150 feet of three-eighths-inch steel cable, dual
rear wheels, except any vehicle which is presently being used as a tow truck
and does not have dual rear wheels may continue to be used, provided that
the licensee identifies the vehicle to the Village Clerk by year, make, engine
and body number of the vehicle and that the vehicle is replaced by one having
dual rear wheels at the time of replacement, equipped with a carbon dioxide
or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a crow
bar, emergency flashing red lights, an approved first-aid kit, broom, hacksaw,
axe and a carton containing at least one dozen red railroad-type flares and
a broom for clearing the street or highway of debris, if any.
D.
Each tow truck is covered with $100,000/$300,000 automobile
liability and $5,000 property damage insurance and garage liability insurance.
E.
The licensee agrees to charge no more than the following
maximum rates for towing from the accident scene to his place of business
or to any other place within the Village of Babylon designated by the owner
or operator of the motor vehicle, regardless of distance within the Village
of Babylon, when called by the Suffolk County Police Department:
(1)
For all passenger cars, regardless of weight, and other
vehicles 1 1/2 tons and lighter:
(3)
Reasonable extra charges may be made for labor to right
an overturned vehicle, for vehicles whose weight is in excess of three tons
or to remove from the highway any motor vehicle incapable of being towed or
to tow a vehicle to a requested location outside the Village of Babylon. However,
the licensee is obligated only to tow a vehicle to a point within the Village
of Babylon.
F.
The licensee agrees to charge a maximum of $2 per day
for outside storage at its place of business for any vehicle towed, provided
that said storage does not violate existing ordinances. The amount for inside
storage will be arrived at by the licensee and the owner or operator of the
vehicle.
G.
The licensee agrees to respond to all calls of the Suffolk
County Police Department as hereinafter provided, regardless of the hour of
day or distance to the scene, provided that its equipment is not otherwise
employed.
The Village Clerk shall prepare and certify the accident roster as set forth in § 331-13 to the Babylon Precinct Commander of the Suffolk County Police Department in the order in which the aforesaid licensees applied for placement on the roster. In addition, he shall prepare and certify a subaccident roster composed of licensees who have extra-large equipment, which equipment is capable of righting and towing a vehicle of three tons or more.
The Babylon Precinct Commander of the Suffolk County Police Department,
or his authorized agent, is hereby authorized to designate licensees from
the accident roster on a rotating basis for the purpose of towing motor vehicles
from the scenes of accidents. In the event that extra-large towing equipment
is needed, he will designate a licensee from the subaccident roster without
changing the licensee's place on the accident roster. The above-mentioned
rosters will be the property of the Babylon Precinct Commander of the Suffolk
County Police Department. However, the rosters shall be posted in a public
place to be chosen by the Babylon Precinct Commander of the Suffolk County
Police Department during the hours of 9:00 a.m. to 5:00 p.m., except Saturdays,
Sundays and holidays.
A licensee which does not answer the call of the Babylon Precinct Commander
or is not available when called shall lose his turn on the nonaccident roster
or the accident roster, as the case may be, and must wait for the respective
roster to be called in its entirety before he is eligible to be called again.
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.
It shall be unlawful for a licensee to assign his place on any roster
to any other licensees or other person on the accident or nonaccident roster.
If more than one tow truck is needed at the scene of an accident, the
aforesaid Police Department, through its authorized agent, shall call the
next licensee in rotation. In such event, the choice of disabled motor vehicles
to be towed shall be determined by the licensee in the order in which the
licensee was called, irrespective of the time he arrives on the accident scene.
The first licensee to appear on the scene, shall, however, assist the police
officer in clearing the motor vehicle from the public highway onto the shoulders
or side of the highway.
It shall be unlawful for any person who is not designated from the accident
roster, as aforesaid, and who does not have the prior consent and direction
of the police officer at the scene to tow away any motor vehicle which has
been involved in an accident. The police officer in every case will determine
when the aforesaid motor vehicle shall be removed.
It shall be unlawful for any licensee on the accident roster to willfully
refuse to tow away a motor vehicle after having appeared upon the accident
scene or to fail to arrive within a reasonable time at the accident scene,
after being duly designated and notified as hereinbefore provided, regardless
of the hour of day or distance to the scene of the accident, provided that
his equipment is not otherwise employed or the licensee is physically incapacitated.
A conviction of violating this section shall result in an automatic suspension
from the accident roster for 60 days.
A licensee duly qualified shall have but one place on the accident roster
and/or on the nonaccident roster, although he may have several licensed tow
trucks in the Village of Babylon. For the purposes of this chapter, a garage
owned by one or more individuals may have but one place on the accident roster
and one on the nonaccident roster.
It shall be unlawful for any licensee to charge any person more than
the maximum prices set forth in its application or in this chapter, for the
towing and storage of disabled motor vehicles. The schedule of maximum prices
to be charged may be revised at the time application is made for a renewal
of the license.
A.
Whenever it shall be provided herein that a hearing shall
be held, such hearing shall be held on a date and at a place and hour designated
by the Village Board.
B.
The Village Clerk shall give notice thereof, stating
the name and address of the applicant or licensee concerned, the subject matter
of the hearing and the date, place and hour thereof designated therefor, by
mailing a copy thereof to the applicant or licensee concerned at the address
shown upon the most recent application of such applicant or licensee at least
10 days before such hearing.
C.
The notice required in Subsection B of this section shall also be published, at least once a week for two successive weeks, in a newspaper of general circulation in the Village of Babylon, the first publication to be at least 10 days before such hearing.
D.
Upon any hearing, the applicant or licensee involved
shall be entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may be relevant
to the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
Any license issued hereunder may be suspended by the Village Board if
the licensee thereof shall violate any provision of this chapter or any rule
or regulation adopted hereunder or any ordinance of the Village or be convicted
of the violation of any traffic law, ordinance or regulation of the State
of New York or of any municipality of the State of New York, or of any crime,
or be guilty of making a false statement or misrepresentation in his application.
Any license issued hereunder shall be suspended by the Village Board if the
holder thereof shall be convicted of the commission of any crime or offense.
No license shall be either suspended or revoked by the Village Board hereunder
without a public hearing thereon, held not less than 10 days after written
notice thereof shall have been given to the licensee, either in person or
by registered mail, addressed to the licensee at the address shown upon the
most recent application of the said licensee.
No fee shall be charged, either directly or indirectly, for making an
estimate for repairs on any motor vehicle involved in an accident or otherwise
disabled, which resulted in towing, without the prior written consent of the
owner of the disabled vehicle. The agreement form for repairs required hereunder
must be in substantially the following form:
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AGREEMENT FOR REPAIRS
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It is hereby agreed between ______________ (insert name and address
of owner or person in charge, authorized to enter agreement) and ____________________
(insert name, address, telephone number, license number) that ______________
(owner or person in charge) agrees to pay the sum of $_________ to ____________________(repairer)
who, in consideration thereof, agrees to repair a __________________ (year,
make and type of automobile) N.Y. State Reg. No. _____________________ which
was involved in an accident and removed by a tow truck.
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Dated at __________
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This _____________ day of __________________ 2_____
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______________________________
Licensee
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_______________________________
Owner
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_______________________________
Person in Charge
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(check appropriate one)
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No vehicle involved in an accident or otherwise disabled shall be removed
without an authorization on a form prescribed by the Village of Babylon, signed
by the owner of the vehicle or police officer in charge thereof. Such authorization
shall be for the towing and storage of the vehicle only and shall show the
rates to be charged for towing and storing said vehicle. Such signed authorization
shall be retained by the licensee for a period of six months and shall be
exhibited upon demand to an official of the Village or any member of the Suffolk
County Police Department. The towing authorization required hereunder must
be in substantially the following form:
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TOWING AUTHORIZATION
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(Insert name, address and phone number of licensee)
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DATE
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Name
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Town
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Address
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Make and type of car
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Year
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State registration number
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Towing charges
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[Amount shown on filed schedule not to exceed $1 for each 24 hours or
part thereof.]
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Tow car driver's name
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Address
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License number
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Medallion number or licensee
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State registration
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I authorize the towing of the above automobile to the following place:
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Signature of Owner or Police Officer in charge
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A licensee shall have prepared a pad of bills containing a printed billhead
showing the name and address of his place of business. A licensee shall prepare
a bill on this billhead form, in duplicate, the original of which shall be
furnished to the owner of the disabled vehicle or his authorized representative.
This bill must be printed in a form approved by the Village Clerk and shall
contain the following information:
A.
Full name and address of the person engaging the tow
truck.
B.
The registration number of disabled vehicle.
C.
The total amount to be charged for towing and storage
rate, per 24 hours or part thereof.
D.
Full name and address of operator of tow truck.
E.
Registration number of tow truck.
F.
Licensee's medallion or license number.
The duplicate of the bill shall be retained by the licensee for a period
of six months. These bills shall be exhibited upon demand of any official
of the Village or any member of the Suffolk County Police Department. Upon
payment of the bill given to the owner of the disabled vehicle
or his authorized representative, the licensee shall acknowledge receipt of
payment of such bill.
Every owner, upon the sale or other disposition of a licensed tow truck,
shall, within 24 hours, notify the Village Clerk of such sale or other disposition
and surrender the license or licenses.
The Village Board may remove from the duty list provided for above any operator whom the Village Board shall determine after a public hearing has failed to abide by any one of the requirements set forth in § 331-14 above.
Unless otherwise expressly stated, as used in this chapter, the following
terms shall have the meanings indicated:
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
Any street, alley, avenue, court, bridge, lane or public place in
the Village of Babylon.
[Amended 11-30-1981 by L.L. No. 19-1981]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
