[HISTORY: Adopted by the Town Board of the Town of Stony Point as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 205.
[Adopted 8-10-1999 by L.L.
No. 9-1999]
This chapter shall be cited as the "Tow Operators on the Police Tow
List Law of the Town of Stony Point."
This chapter is enacted for the purpose of regulating local activities
of itinerant tow operators on the police tow list in order that the peace,
health, safety, welfare and good order of the town and its inhabitants shall
be preserved. This article also ensures that people whose vehicles are towed
will be able to locate the vehicles and avoid excessive storage costs.
For the purpose of this chapter, the words used herein are defined as
follows:
A commercial garage which is properly licensed and transacts business
and shall have been in operation for at least 90 days.
A car, truck, van, flatbed and trailer.
No person, firm or corporation shall be on the police tow list nor shall
tow vehicles of any kind be upon any street, avenue, highway, park or public
place within the Town of Stony Point without obtaining a permit.
Such permit shall be issued by the Town Clerk upon payment by the applicant
of a fee for each calendar year, or fraction thereof, as set forth from time
to time by resolution of the Town Board for each vehicle to be used by the
applicant. Before a permit is issued by the Town Clerk pursuant to this article,
the tow operator shall fill out, execute and submit to the Clerk of the Town
of Stony Point Police Tow Operators Rules and Regulations and application.
The tow operator may be subject to other reasonable conditions imposed by
the Town Board.
Each permit issued shall be valid for the balance of the calendar year
from the date of its issuance, unless sooner revoked or suspended, and the
right is reserved to the Town Board to revoke or suspend any such permit at
any time for sufficient cause.
TOW shall be operating from a legally zoned and licensed commercial
auto repair garage within the boundaries of the Town of Stony Point. TOW shall
have on the premises an employee during regular business hours to respond
to persons claiming vehicles.
Any person, firm or corporation violating any provision of this article
or failing to comply therewith shall be guilty of a misdemeanor and shall
be liable to a fine of not more than $1,000 for each offense or imprisonment
for not more than one year, or both.
A.
The Town may at any time, for cause shown or for a violation
of this chapter or any other law, immediately revoke any permit by delivering
to the tow operator, either in person or by mailing to the address given in
the application, notice of such revocation, in writing, and stating therein
the reason or reasons for such revocation. A permit so revoked shall be returned
to the Town Clerk within four days of receipt of the revocation.
B.
Permits issued under the provisions of this chapter may
be revoked by the Town Board after notice and hearing for any of the following
causes:
C.
A notice of the hearing for the revocation of a license
shall be given by the Town Clerk, in writing, setting forth specifically the
grounds of the complaint and the time and place of the hearing before the
Town Board. Such notice shall be mailed, postage prepaid, to the holder of
the license at the address given on the application, at least five days prior
to the date set for the hearing, or shall be delivered by an agent of the
town in the same manner as a summons at least three days prior to the date
set for the hearing.
D.
Upon receipt of notice of cause for revocation, the Town
Clerk may suspend any permit, pending a hearing and a decision by the Town
Board.
It shall be the duty of the Town Clerk to keep a record of all applications
received and all permits granted under the, provisions of this chapter, in
which shall be recorded the names and addresses of the tow operator, the amount
of fees paid and all other pertinent data concerning the issuance of permit
under this chapter.