[HISTORY: Adopted by the Board of Trustees
of the Village of Cedarhurst 2-28-1972 as Ch. 16, Art. II of the 1964 Code of Ordinances. Amendments
noted where applicable.]
It is hereby declared and found that it is of
vital importance to the public that disabled vehicles are removed
from the highways as promptly as possible; that any delay in such
removal may result in retarding the movement of traffic and may cause
accidents and that the towing of disabled motor vehicles in the streets
of the Village of Cedarhurst is a matter affecting the public interest
and consequently should be subject to supervision and control for
the purpose of safeguarding the public against any fraud or abuse.
It shall be unlawful to operate a tow car or
tow truck for hire within the limits of the Village of Cedarhurst
unless the person, firm, corporation or association engaged in such
towing for hire shall have obtained a license from the Village Clerk-Treasurer
upon such application forms as shall be prescribed therefor by the
Board of Trustees. Such application forms shall include, but not be
limited to:
A.
The name, address, age and business address of the
applicant and the address from which the applicant expects to conduct
a towing business.
B.
The registration number of each towing car or tow
truck to be operated.
C.
All crimes (felonies or misdemeanors) of which the
applicant or any member or officer thereof, if a firm, corporation
or association, has been convicted, stating the name and location
of the court and the date on which such conviction or convictions
were had and the penalties imposed therefor.
D.
The experience of the applicant in the towing of cars
for hire.
E.
Any other relevant facts which the Board of Trustees
or Village Clerk-Treasurer may require.
The tow car or tow truck license referred to
herein, once granted and issued, shall not be subject to sale, transfer
or assignment by the licensee.
[Amended 3-5-1979 by L.L. No. 13-1979]
There shall be an annual license fee for each
tow truck operated by the licensee. Neither the annual fee nor any
portion thereof shall be refundable. Said fee amount shall be as set
by the Board of Trustees by resolution of a majority vote of its members
present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file
in the village offices.
All licenses issued pursuant to this chapter
shall expire on the 31st day of May next succeeding the date of issuance
thereof.
[Amended 3-2-1992 by L.L. No. 5-1992; 5-4-2009 by L.L. No.
2-2009]
The charges for towing and storage of vehicles shall be the
same as those in effect from time to time and adopted by the Town
of Hempstead.
It shall be unlawful to tow away any vehicle
which has been involved in an accident without the prior consent of
the owner or operator of the vehicle and, if there be a police officer
at the scene of the accident, without the consent of the police officer
also, except that no vehicle shall be removed where the police officer
requires that an examination be held for the purpose of determining
whether or not the vehicle is defective.
[Amended 6-10-1991 by L.L. No. 8-1991]
It shall be unlawful for any person, firm, corporation
or association, whether licensed or unlicensed, to drive along any
street, avenue, roadway, highway or lane in the Village of Cedarhurst
for the purpose of soliciting tow cars or towing services from anyone.
On each side of the tow car or tow truck there
shall be legibly inscribed in letters of three inches in height, the
name and address of the licensee of the tow truck or car and license
number assigned to him or her by the Village Clerk-Treasurer.
The Board of Trustees of the Village of Cedarhurst
is hereby empowered to promulgate and prescribe rules and regulations
for the proper and efficient administration and enforcement of this
chapter.
[Amended 10-6-1997 by L.L. No. 9-1997]
The Board of Trustees of the Village of Cedarhurst
shall have the power and authority after a public hearing and a finding
of violation or other guilt or while a revocation hearing is pending
to revoke or to suspend any license issued pursuant to this chapter,
and its determination shall be final and binding. It shall be unlawful
for any owner or driver to refuse to surrender any license or licenses
to the Village Clerk-Treasurer, after such license or licenses have
been revoked, suspended or expired.
[Amended 10-6-1997 by L.L. No. 9-1997]
The provisions of this chapter shall not apply
when the owner or operator of a damaged vehicle requests and requires
the vehicle to be taken from the Village of Cedarhurst by an unlicensed
tow car or tow truck from outside of said Village of Cedarhurst.
