Village of Old Westbury, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 2-6-1953 as Ch. 1, Art. XXVII, of the General Ordinances, amended in its entirety 2-4-1957. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 201.
No person or persons, firm or corporation shall operate a towing car for hire within the limits of the Incorporated Village of Old Westbury, unless a license therefor shall first be obtained from the Board of Trustees signed by the Mayor and countersigned by the Clerk, as hereinafter provided.
The towing of a motor vehicle on the streets of the Village of Old Westbury by a commercial vehicle equipped as a towing car shall be presumptive evidence that said towing car is being operated for hire.
[Amended 4-29-1968]
"Operating a tow truck for hire," as used in this chapter, shall mean soliciting towing work or towing a motor vehicle which has been disabled in an accident while being operated on a street or highway within the Village of Old Westbury.
A. 
A towing car driver or helper:
(1) 
Must be a citizen of the United States or a declarant.
(2) 
Must be at least 21 years of age.
(3) 
Shall not have been convicted of a felony or misdemeanor.
[Amended 5-20-1991 by L.L. No. 1-1991]
B. 
A driver must possess a valid New York State driver's license, in the appropriate class, as required by the New York State Vehicle and Traffic Law.
[Amended 12-18-2000 by L.L. No. 6-2000]
A. 
Shall be a citizen of the United States, or if a corporation, the officers thereof shall be citizens of the United States.
B. 
Shall be at least 21 years of age.
C. 
Shall not have been convicted of a felony or misdemeanor.
[Amended 4-16-1990 by L.L. No. 4-1990; 12-18-2000 by L.L. No. 6-2000]
D. 
Shall have a qualified place of business which, for purposes of this chapter, shall mean one which:
[Amended 4-29-1968]
(1) 
Is an established garage equipped for the repair and storage of automobiles involved in accidents.
(2) 
Has at least 1,600 square feet of working space in its body shop, together with a separate paint room partitioned from the remainder of the shop.
(3) 
Is located within the Village or not more than 1 1/2 miles from its corporate limits.
(4) 
Has been established and operating for at least one year at the time of applying for a license under this chapter.
(5) 
Maintains a twenty-four-hour service for the towing and storage of motor vehicles involved in accidents.
(6) 
Shall remain open during normal business hours, shall provide facilities whereby towing customers may pick up their vehicles any day of the week during at least the hours of 7:00 a.m. and 8:00 p.m., and shall maintain a telephone answering service for such times that it is not actually open.
(7) 
Has indoor and outdoor parking space for a total of at least 20 vehicles.
E. 
Shall maintain at his place of business twenty-four-hour service for the towing and storage of motor vehicles.
F. 
Shall be registered as a motor vehicle repair shop pursuant to the New York State Motor Vehicle Repair Shop Registration Act (Vehicle and Traffic Law, Article 12-A).
[Added 12-18-2000 by L.L. No. 6-2000]
No such license shall be issued unless an application therefor shall have been filed with the Village Clerk upon a form prescribed therefor by the Board of Trustees, which shall include in the case of towing car owners:
A. 
The name and business address of the applicant and, if he is a natural person, his age and residence address.
B. 
The registration number of each towing car to be operated.
C. 
A schedule of prices as prescribed in § 191-8 hereof.
D. 
Evidence that he/she is insured against public liability in the limits of at least $300,000 for personal injury to each person; $500,000 for personal injury for each accident and $25,000 for property damage, which insurance shall be maintained in force during the period covered by the license.
[Added 12-18-2000 by L.L. No. 6-2000]
E. 
Provide proof of garage keeper's legal liability insurance in the limit of $50,000, which insurance shall include coverage for vehicles being towed and shall be maintained in force during that period covered by the license.
[Added 12-18-2000 by L.L. No. 6-2000]
F. 
All insurance policies provided for in this section must be issued by an insurance company or entity duly recognized by the New York State Department of Insurance and licensed to do business in the State of New York.
[Added 12-18-2000 by L.L. No. 6-2000]
[Amended 4-29-1968; 1220-82; 9-17-1984 by L.L. No. 19-1984; 12-18-2000 by L.L. No. 6-2000]
Every license issued pursuant to this chapter shall expire on the 31st day of December following issuance thereof. The license fee payable for each towing car owner's license or renewal thereof, which license shall cover one or more towing cars operated by the same owner, shall be $500 per year, provided that, if such license is issued less than six months before the expiration thereof, such fee shall be $250. The license fee payable for each towing car driver or helper's license or renewal thereof shall be $25 per year.
[Amended 2-22-1983 by L.L. No. 5-1983; 4-16-1990 by L.L. No. 2-1990; 12-18-2000 by L.L. No. 6-2000; 12-16-2013 by L.L. No. 2-2013; 6-19-2017 by L.L. No. 4-2017]
The following fee schedule shall apply for towing, storage, mileage and cleanup of the accident scene with respect to motor vehicles towed within the Village of Old Westbury by an authorized person or entity:
A. 
Towing.
(1) 
Using regular equipment:
(a) 
First mile or part of: $125.
(b) 
Each additional mile or part of: $5.
(2) 
Using flatbed, wheel lift or dolly wheels:
(a) 
First mile or part of: $125.
(b) 
Each additional mile or part of: $5.
(3) 
Using a medium-duty tow [TRAA Classes 3, 4, 5 and 6 (10,001 to 26,000 pounds gross vehicle weight)]:
(a) 
Five hundred dollars per hour.
(4) 
Using a heavy-duty tow [TRAA Classes 7 and 8 (26,001 pounds gross vehicle weight and over]:
(a) 
Per hour: $600.
(b) 
For each additional operator/technician: $175 per hour.
(c) 
For each additional laborer: $125 per hour.
B. 
Storage.
(1) 
Outside in secured yard:
(a) 
First three days or part thereof: $20 per day.
(b) 
After three days: $25 per day.
(2) 
Inside: Rates are determined by written agreement of the parties.
(3) 
All vehicles must be stored on the premises of the licensee. Vehicles shall not be stored on the public highway.
(4) 
Tractor storage: $75 per day.
(5) 
Trailer or bus storage: $125 per day.
C. 
Labor. It shall be lawful and proper to charge the following for additional labor:
(1) 
A charge not to exceed $50 per 1/2 hour when the use of special skills is required to right an overturned vehicle or to remove it from an off-road location.
(2) 
Cleanup charge: $50. Includes debris and motor vehicle fluids left on the roadway as a result of accident/collision.
It shall be unlawful for any person to tow away any motor vehicle which has been involved in an accident without the prior consent of the owner or the police officer at the scene of the accident, and no car shall be removed from the scene of an accident where the police officer requires or requests that an examination be held for the purpose of determining whether the car is defective.
It shall be unlawful for any person to drive along any street or highway in the Incorporated Village of Old Westbury for the purpose of soliciting towing work.
On each side of every towing car for which a license has been granted, there shall be legibly inscribed, not less than three inches high, the name and address of the owner of such towing car or of the person having the license therefor and the license number assigned to such towing car by the Mayor.
[Amended 6-16-1997 by L.L. No. 4-1997]
A. 
The Mayor, with the approval of the Board of Trustees, is hereby empowered by resolution to promulgate and prescribe rules and regulations for the proper administration and enforcement of this chapter, including:
(1) 
Establishing rules for rotation of tow car assignments to scenes of accidents or removal of disabled vehicles in the Village.
(2) 
Limiting the number of licenses granted under this chapter, taking into consideration the number of tow cars already in operation in the Village, and whether the number of existing tow car licenses is adequate to meet the public need and convenience.
(3) 
Establishing a waiting list of qualified tow car license applicants.
B. 
In the event that a vacancy occurs on the current list of approved tow car licensees or the Board of Trustees determines that the needs and/or convenience of the public are not being met by the number of licensees on the list, the Board of Trustees shall select a qualified tow car company from the waiting list on a first-come-first-serve-basis.
[Amended 12-18-2000 by L.L. No. 6-2000]
The Village Chief of Police shall have the power to suspend any license issued pursuant to this chapter for the violation of any rules thereof or of any rules and regulations promulgated by him or for the failure of the owner or operator of any towing car to render services to the owner or driver of a disabled vehicle who is able and willing to pay the fee prescribed in the schedule of prices filed by the licensee of such towing car as hereinbefore prescribed.
[Amended 4-29-1968; 12-18-2000 by L.L. No. 6-2000]
Any violation of this chapter or any part thereof shall constitute an offense against this chapter, and any person, firm or corporation violating any such provision shall be liable for a fine of not exceeding $300 for each such violation.
[Amended 10-20-1969; 12-13-1971; 5-16-1977; 12-19-1977]
A. 
Regulations regarding conduct. A licensed towing car driver or helper shall:
(1) 
Have his identification card and appropriate license in possession at all times while engaged in his occupation as a towing car driver or helper.
[Amended 12-18-2000 by L.L. No. 6-2000]
(2) 
Not permit any other person to use his identification card.
(3) 
Not be engaged on an unlicensed towing car or on a towing car the license of which has been suspended or revoked.
(4) 
Promptly report the loss of his identification card to the Village Clerk.
(5) 
Report change of address to the Village Clerk within 48 hours.
(6) 
Have with him at all times properly authorized forms for towing and repair, such forms to be printed and maintained by the towing car owner.
(7) 
When requested by the police, assist in clearing vehicles and debris, including vehicle fluids, from the public highway.
[Added 12-18-2000 by L.L. No. 6-2000]
B. 
Regulations regarding conduct of driver or helper at scene of accident. A licensed towing car driver or helper shall:
(1) 
Exhibit his identification card to the owner of a disabled vehicle or person in charge thereof.
(2) 
Not remove any vehicle from the scene of an accident until proper authorization has been signed by the owner of a disabled vehicle or person in charge thereof.
(3) 
Not remove any vehicle involved in an accident in which a person has been injured until released by a duly authorized member of the Police Department.
(4) 
Not demand or accept any amount in excess of the amount permitted by law and shown on the schedule filed by the owner.
(5) 
Tow the vehicle to the owner's place of business, as defined in § 191-5D, unless proper authorization has been signed by the owner of the disabled vehicle or person in charge thereof to remove the vehicle to some designated place.
C. 
The foregoing regulations pertain to owner of towing car when acting as driver or helper, whenever the same are applicable.
[Amended 10-20-1969; 12-13-1971; 5-16-1977; 12-19-1977]
Towing car owners shall comply with the following regulations:
A. 
Estimates and repairs. No fee shall be charged, either directly or indirectly, for making an estimate. It shall be unlawful for a towing car owner or operator or any other person to make repairs for a consideration on any motor vehicle involved in an accident and removed by a towing car without first entering into a signed agreement with the owner or other person in charge of said motor vehicle, estimating the cost of repairs. The form to be used for such agreement shall be prescribed by the Village Clerk. In any case, where the owner or person in charge of a motor vehicle involved in an accident is to be hospitalized, the agreement herein provided for shall not be entered into with such injured party until the expiration of at least 24 hours from the time of such accident, unless the injured party has, before the expiration of said time, been discharged from the hospital. The authorization form to repair, required hereunder, must be submitted to and approved by the Village Clerk and must be in substantially the following form:
It is hereby agreed between
(insert name and address of owner or person in charge authorized to enter into agreement)
and
[insert name, address, telephone number (license number, if towing car licensee) of repairer]
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)
____________________________ which was involved in an accident and removed by towing car.
Dated: ______________
(licensee)
(owner)
(person in charge)
(check appropriate one)
B. 
The towing car owner shall retain the disabled vehicle at his place of business as defined in § 191-5D, until returned to the owner or until proper authorization has been signed by the owner to remove the vehicle to some other place.
C. 
Towing authorization. A towing car owner, driver or helper shall not remove a vehicle involved in an accident or otherwise disabled without an authorization, on a form prescribed by the Village Clerk, signed by the owner of the vehicle or other person 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 licensed tow car owner for a period of six months and shall be exhibited upon demand by a member of the police force. It shall be unlawful for a towing car owner, driver or helper to use any other form than that prescribed by the Village Clerk. The towing authorization shall be in the following form and must be submitted to and approved by the Village Clerk.
(insert name, address and phone number of licensed towing company)
Date: _________________________
Name
Village ___________ State ______
Address
Year ________ State registration _____
Make and type of car
Towed to _____________
Towed from
Total distance towed ______________
Towing charges
(amount shown on filed schedule to be inserted herein)
Storage
(amount shown on filed schedule, not to exceed $3.50* for each 24 hours or part thereof)
Tow driver's name
Address ______________
Tow driver's license number
State registration ____
Medallion number ________________________
  I authorize the towing of the above automobile.
(signature of owner or person in charge)
Note: *$7.50 a day after 7 days.
D. 
Bill for towing.
(1) 
The owner of a towing car shall have prepared a pad of bills containing a printed billhead showing the name and address of his place of business. The operator of a towing car, before towing a disabled vehicle away, 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) 
The full name and address of person engaging the towing car.
(b) 
The state registration number of the disabled vehicle.
(c) 
The total amount to be charged for towing and the storage rate per 24 hours or part thereof.
(d) 
The full name and address of the operator of the towing car.
(e) 
The state registration number of the towing car.
(f) 
The towing car license number.
(2) 
The duplicate of the bill shall be retained by the towing car owner for a period of six months. These bills shall be exhibited upon demand of a member of the police force. 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.
E. 
General. Owners are required to report change of business address within 48 hours to the Village Clerk. No towing car shall be equipped with flashing colored lights visible from the front of such towing car. Licensed tow car owners are required to answer all communications and summonses received from the Village Clerk.
[Amended 10-20-1969; 12-13-1971; 5-16-1977; 12-19-1977]
A. 
When an accident shall be reported to the Police Department requiring the service of a tow car, the police officer in charge shall notify by telephone a licensed towing car owner to proceed to the scene of the accident. Assignment of towing car licensees to scene of accidents shall be in rotation.
B. 
If a call is made to a towing car licensee for assignment to an accident and he does not answer or is unable to proceed to the scene, such licensee shall be placed at the bottom of the list, and the next licensee in turn shall be called and assigned.
C. 
The Police Department shall keep a ledger in which shall be recorded each accident requiring towing car service and the name of the licensee assigned to the accident. There shall also be entered in the ledger each call made to a licensee, the time of the call and a notation of whether the call was answered.
[Amended 10-20-1969; 12-13-1971; 5-16-1977; 12-19-1977]
A. 
A towing car owner operating a towing car shall comply with all of the regulations applicable to both drivers and helpers, except that he need not have an identification card.
B. 
The Mayor shall take cognizance of any act, conduct, or omission by those to whom this chapter is applicable, which is prejudicial, offensive or detrimental to the best interests of the public, although not specifically mentioned in this chapter, and may, as a result, suspend the license.
C. 
Any violation of this chapter may result in the suspension or revocation of the license.