City of Port Jervis, NY
Orange 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 Common Council of the City of Port Jervis 4-25-1983 by L.L. No. 9-1983 (Ch. 146 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 505.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:
ABANDONED VEHICLE
Any vehicle which is unattended or obstructing traffic and which, in the judgment of the Police Department, shall be removed.
ACCIDENT
Any incident or occurrence in which one or more vehicles come into contact with each other or another object thereby causing personal injury or property damage.
DISABLED VEHICLE
Any vehicle that requires towing because of accident or because it is unable to proceed under its own motive power.
DRIVER
Any person driving a tow truck upon the public highways for hire.
FOR HIRE
Includes any incident where a fee, charge or other consideration is directly or indirectly imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs made on a towed vehicle for a consideration, although no charge is expressly imposed for the towing of such a vehicle.
OPERATE
Includes the control and direction of the use of a vehicle for towing from places within the City of Port Jervis, for hire.
RESTRICTED LICENSE
That license issued to the owners of towing trucks authorizing the holder thereof to engage in all tow truck operations, except that he will not be permitted at scenes of accidents unless specifically called by the person in charge of the disabled vehicle and will not be placed on the preferred tow truck list at police headquarters.
SCENE OF ACCIDENT
Includes any area of a street to which a vehicle is removed to prevent obstruction of traffic, and will remain so until the vehicle or vehicles is removed, either under its own power or by a properly licensed tow truck.
TERMINAL
Any place of business where there is maintained or operated, on a full-time basis, an automobile wrecking, filling station, public garage, gasoline station, junkyard or motor vehicle service station, as these terms are defined in the Code of the City of Port Jervis, with sufficient storage for at least two disabled vehicles, provided that the same is a New York State licensed motor vehicle repair shop.
[Amended 3-26-1984 by L.L. No. 4-1984; 11-24-2003 by L.L. No. 3-2003]
TOWING
The moving or removing of disabled or abandoned motor vehicles by a tow truck for hire.
TOW TRUCK
A motor vehicle which is either equipped for the purpose of carrying, lifting, pushing, pulling or otherwise removing, for hire, any motor vehicle or motor vehicles, or is used in the business of removing such vehicles.
UNRESTRICTED LICENSE
That license which is issued to owners of towing trucks permitting the holder thereof to be placed on a preferred roster of tow trucks located at police headquarters in addition to being permitted to do all normal towing.
It shall be unlawful to operate a tow truck for hire in the City of Port Jervis unless the owner thereof shall have obtained a license from the City Clerk-Treasurer.
A. 
A license shall be obtained by filing an application therefor, on forms furnished by the City Clerk-Treasurer, verifying under oath:
(1) 
The full name, residence address, date of birth, place of birth, personal description, social security number and business address of the applicant.
[Amended 3-26-1984 by L.L. No. 4-1984]
(2) 
The number of tow trucks proposed to be operated by the applicant and description of each tow truck including the make, model, year of manufacture and New York State registration number.
(3) 
Address of place from which tow trucks are proposed to be garaged and dispatched.
(4) 
The name and address of the insurance carrier which covers each tow truck against public liability in the limits required by law, which insurance shall be maintained in force during the period covered by the license in a sum not less than $500,000 for personal injury and $50,000 for property damage, with the City named as additional insured.
(5) 
All crimes of which the applicant or any member thereof, or any officer, if a corporation, has been convicted, stating the name and location of the court and the date on which such convictions were had and the penalties imposed therefor.
(6) 
The experience of the applicant in the towing of vehicles for hire.
B. 
Said license is to be for a period of one year and shall be renewable yearly upon payment of the annual license fee to the City Clerk-Treasurer. All monies received for such license fees shall be paid to the City Clerk-Treasurer and shall be credited to the general funds of the City.
C. 
All licenses issued pursuant to this chapter shall expire on January 31 of each year and shall be renewed during the month of January.
D. 
Upon receipt of a license application, the City Clerk-Treasurer shall transmit the same to the City Police Department and the Building Official. The Building Official shall inspect all proposed terminals to determine whether the proposed terminal complies with the requirements set forth in this chapter. If the proposed terminal is located in the City of Port Jervis, the Building Official shall inspect the proposed terminal to determine if the proposed terminal is also in compliance with all other City rules, regulations, ordinances and local laws and if the proposed terminal is properly identified on the application.
[Added 3-26-1984 by L.L. No. 4-1984; amended 11-24-2003 by L.L. No. 3-2003]
E. 
Reinspection.
[Added 3-26-1984 by L.L. No. 4-1984]
(1) 
Upon expiration of a license, the Building Official shall reinspect each terminal and approve the same prior to the license being renewed.
[Amended 11-24-2003 by L.L. No. 3-2003]
(2) 
The Building Official shall have 30 days in which to report back to the City Clerk-Treasurer. In the event the Building Official determines there are any violations, no license shall be issued until said violations are corrected.
F. 
Investigation.
[Added 3-26-1984 by L.L. No. 4-1984]
(1) 
The City Police Department shall cause a full criminal background check to be performed on all persons named in the application.
(2) 
The City Police Department shall have 30 days in which to report back to the City Clerk-Treasurer.
(3) 
The criminal background check, together with the recommendation of the Chief of Police or his designee, shall be provided to the Safety Committee of the Common Council, and no license shall be issued except upon approval by a majority of the Safety Committee of the Common Council.
[Amended 12-8-1986 by L.L. No. 8-1986; 7-27-1992 by L.L. No. 5-1992[1]]
Applicants for a restricted license will be required to pay a nonrefundable fee as provided in Chapter 280, Fees, and will be limited to normal towing and will not be permitted at scenes of accidents unless specifically called by the person in charge of the disabled vehicle.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Applicants for an unrestricted license will be required to pay a nonrefundable fee as provided in Chapter 280, Fees, per year and, in addition to normal towing privileges, will be placed on a preferred roster of tow trucks which will be available at the communications desk at police headquarters. When a vehicle owner or other authorized person at the scene of the accident requests the police officer at the scene for a specified tow truck owner, the police officer shall so inform police headquarters, and the requested tow truck owner shall be notified of the request, if available. In the event that no request is made, or in the event the requested tow truck owner does not respond, the desk officer at police headquarters shall notify the next successive tow truck owner on the preferred roster, in rotation, after the last called owner and, upon failure to respond, shall call the next succeeding tow truck owner on the preferred roster until the tow service is accepted. The desk officer at police headquarters shall keep a record concerning the date and the acceptance or refusal of each call made. Each licensed tow truck owner on the preferred roster who fails or refuses to accept a tow service when called in his proper turn on the roster shall be deemed to have forfeited that turn on the roster.
[Amended 12-8-1986 by L.L. No. 8-1986; 7-27-1992 by L.L. No. 5-1992[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
In order to qualify for an unrestricted license:
[Amended 3-26-1984 by L.L. No. 4-1984; 11-24-2003 by L.L. No. 3-2003]
(1) 
The licensee must:
(a) 
Own and/or operate and maintain a bona fide terminal.
(b) 
Be available or on call on a twenty-four-hour basis to tow disabled vehicles.
(c) 
Agree to abide by the fees contained within this chapter.
(d) 
Be able to respond within 20 minutes between the hours of 7:00 a.m. and 8:00 p.m. and within 40 minutes between the hours of 8:00 p.m. and 7:00 a.m.
(2) 
All tow trucks shall have sufficient equipment to properly pick up and tow a disabled vehicle or a fire-damaged vehicle.
A. 
No such license shall be issued unless the applicant agrees to charge no more than the following maximum rates for towing within the City of Port Jervis:
(1) 
For all passenger cars, regardless of weight, and other vehicles one to 1 3/4 tons and lighter, not to exceed $75, excluding incidental work such as winching and dolly towing, during the hours of 8:00 a.m. to 8:00 p.m., and not to exceed $125 between the hours of 8:00 p.m. and 8:00 a.m.
[Amended 7-23-1990; 2-12-2007 by L.L. No. 1-2007]
(2) 
These towing charges shall not apply to the towing of motor trucks or special equipment exceeding 1 1/2 tons' capacity.
B. 
The rates set forth above may be altered by the Common Council by resolution alone.
A. 
No license shall be issued unless the applicant agrees to charge no more than a maximum of $50 per day for outside storage. Inside storage rates may be determined by agreement of the parties. All vehicles must be stored on the premises of the licensee, whether indoors or outdoors, and shall not be permitted on City streets.
[Amended 7-23-1990; 2-12-2007 by L.L. No. 1-2007]
B. 
The rates set forth above may be altered by the Common Council by resolution alone.
A. 
All licensees shall be required to post in their garage, terminal or service station, a schedule of the maximum rates for towing and storage as herein set forth.
B. 
All licensees shall file with the Chief of Police a schedule showing their charges for all services rendered.
It shall be unlawful for any licensee to demand or receive any payment in excess of the rates permitted by this chapter or shown on the schedule filed by the tow truck owner with the Chief of Police, and violation of this section shall subject the violator to loss of license in addition to other penalties set forth herein.
It shall be unlawful for any person, firm or corporation to solicit towing work by any means whatsoever from any person at or near the scene of an automobile accident within the City of Port Jervis. It shall be unlawful for any tow truck to proceed to the scene of an accident or disablement without having first been requested or notified to do so by the vehicle owner or a police officer, and the operator of any tow truck so doing shall be deemed to have committed a violation of this chapter. Violation of this section shall subject the violator to loss of license in addition to other penalties set forth herein.
Each tow truck operated hereunder shall have inscribed on the side of such vehicle the trade name and business address of the owner in letters not less than three inches in height, either painted or otherwise securely affixed in a conspicuous place as herein provided.
[Amended 7-24-1989 by L.L. No. 19-1989]
It shall be unlawful to tow away any motor vehicle which has been involved in an accident, disablement or abandonment without prior consent of the owner, or of an authorized operator, or of the police officer at the scene of the accident.
[Added 3-26-1984 by L.L. No. 4-1984]
In the event that the licensee called does not respond as quickly as is necessary, in the opinion of the police officer in charge at an accident scene, the police officer may call another licensed operator.
The provisions of this chapter shall not apply when the owner of a damaged car specifically requires the car to be taken from said City by an unlicensed tow truck from outside of the City.
[Amended 2-26-2007 by L.L. No. 2-2007]
An offense against any provision of this chapter shall be a violation of this chapter, which shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
The provisions of this chapter shall be enforced by the Chief of Police or his designated representative.