Village of Monticello, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 1-5-1976 as Ch. 169 of the 1976 Code; amended in its entirety 4-19-1993 by L.L. No. 5-1993. Subsequent amendments noted where applicable.]
GENERAL REFERENCES

Abandoned vehicles — See Ch. 248.

Vehicles and traffic — See Ch. 252.

§ 236-1
Title. 

§ 236-2
License required. 

§ 236-3
License application. 

§ 236-4
Maximum towing rates. 

§ 236-5
Service rates. 

§ 236-6
Storage charges. 

§ 236-7
Expiration and transfer of license. 

§ 236-8
License fee. 

§ 236-9
Identification of trucks. 

§ 236-10
Eligibility for license. 

§ 236-11
Excess charges unlawful. 

§ 236-12
Vehicles involved in accidents. 

§ 236-13
Solicitation prohibited. 

§ 236-14
Denial or revocation of license. 

§ 236-15
Penalties for offenses. 

§ 236-16
Rotating call list. 

§ 236-1 Title.

This chapter is entitled "A Local Law Providing for the Licensing and Regulation of the Operation of Service and Tow Trucks for Hire in the Village of Monticello, New York."

§ 236-2 License required.

No person, firm or corporation shall operate for hire a truck or other type of motor vehicle designed and able to service or tow other motor vehicles within the Village of Monticello, unless a license therefor shall first have been obtained from the Clerk of the Village of Monticello as hereinafter provided, except that tow truck operators from outside the Village of Monticello may enter the Village of Monticello without a license to remove a motor vehicle from any garage, private residence or any street by permission of the owner.

§ 236-3 License application.

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 business address of the applicant and, if a natural person, his age and residence address.

B. 

The registration number of the service or tow truck to be operated.

C. 

The amount of liability insurance for personal injury and property damage on said service or tow truck; the name of the insurance company, which must be licensed to do business in the State of New York; and the policy number. The limits shall be not less than $100,000 for each person and $300,000 for each occurrence and not less than $50,000 for property damage; not less than $20,000 for uninsured motorists; and not less than $50,000 for no-fault insurance.

D. 

The schedule of maximum prices the licensee agrees to charge during the term of the license for servicing or towing motor vehicles from points within the Village of Monticello and for storage of such vehicle at its garage or service station. 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.

E. 

The applicant's Registered Repair Shop Certificate Number or the applicant's Registered Automobile Sales License and a copy of the applicant's Registered Repair Certificate or a copy of the applicant's Automobile Sales License shall be attached to the application form.

[Added 6-21-1999 by L.L. No. 5-1999]

F. 

Such other information or exhibits as shall reasonably be required by the village officials to whom administration of these provisions is delegated.

[Added 6-21-1999 by L.L. No. 5-1999]

§ 236-4 Maximum towing rates.

A. 

No such license shall be issued unless the applicant agrees to charge no more than the maximum rates for towing as set forth from time to time by the Board of Trustees, regardless of distance, within the Village of Monticello.

[Amended 6-21-1999 by L.L. No. 5-1999]

B. 

However, reasonable extra charges may be made for labor to right any overturned vehicle, to remove from the highway any motor vehicle incapable of being towed, for opening a locked vehicle and for towing, pulling or hoisting vehicles from positions off the highway.

C. 

All licensees shall be required to post in their garage or service station a schedule of the maximum rates for towing as herein set forth and shall also be carried on the truck to show the owner of the vehicle if requested.

D. 

Anything herein to the contrary notwithstanding, the maximum rates permitted to be charged by tow trucks shall not apply to any trucks or buses in excess of seven tons.

E. 

The towing rates as above set forth may be altered or amended by resolution of the Village Board.

F. 

Any vehicle picked up for towing in the Village of Monticello shall be towed to a legal destination within the Village of Monticello or Town of Thompson (a registered repair shop, a licensed automobile sales agency, or a legally zoned and approved automobile storage area) unless the owner of the vehicle requests that the vehicle be removed to a location outside of the Town of Thompson.

[Added 6-21-1999 by L.L. No. 5-1999]

§ 236-5 Service rates.

A. 

No such licenses shall be issued unless the applicant agrees to charge no more than the maximum rates as set forth from time to time by the Board of Trustees for road service, regardless of distance, within the Village of Monticello.

[Amended 6-21-1999 by L.L. No. 5-1999]

B. 

However, a reasonable extra charge may be made for service calls that require services beyond 20 minutes.

C. 

All licensees shall be required to post in their garage or service station a schedule of the maximum rates for road service as herein set forth.

D. 

The service rates as above set forth may be altered or amended by resolution of the Village Board.

§ 236-6 Storage charges.

A. 

No such license shall be issued unless the applicant agrees to charge no more than a maximum charge per twenty-four-hour period for outside storage as set forth from time to time by the Board of Trustees and a maximum charge per twenty-four-hour period as set forth from time to time by the Board of Trustees for inside storage at the garage or service station of any vehicle towed thereto.

[Amended 6-21-1999 by L.L. No. 5-1999]

B. 

Under the terms of this chapter, there shall be no storage of any kind of any unlicensed or unregistered motor vehicles.

C. 

The storage rates as above set forth may be altered or amended by resolution of the Village Board.

§ 236-7 Expiration and transfer of license.

Every license issued pursuant to this chapter shall expire on the first day of January following the issuance thereof, and no such license is transferable from one operator to another nor from one truck to another without the prior consent of the Board of Trustees.

§ 236-8 License fee.

A. 

The annual license fee, payable to the Village Clerk for each such license or renewal thereof, which license may cover but one service or tow truck, shall be as set forth from time to time by the Board of Trustees.

[Amended 6-21-1999 by L.L. No. 5-1999]

B. 

The license fee as above set forth may be altered or amended by resolution of the Village Board.

§ 236-9 Identification of trucks.

On each side of every service or 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 owner of such service or tow truck or of the person, firm or corporation having the license number assigned to such tow or service truck by the Village Clerk.

§ 236-10 Eligibility for license.

Each person, firm or corporation operating a service or tow truck business may obtain a license for each service or tow truck it desires to operate, provided that such person, firm or corporation abides by the regulations set forth herein.

§ 236-11 Excess charges unlawful.

It shall be unlawful for any person, firm or corporation operating a licensed service or tow truck to charge any party more than the maximum prices set forth in its application for the servicing, towing and storage of disabled motor vehicles. Nothing herein contained shall prohibit such person, firm or corporation from making a reasonable extra charge for performing the services described in §§ 236-4 and 236-5. The schedule of maximum prices to be charged may be revised at the time application is made for a renewal of the license.

§ 236-12 Vehicles involved in accidents.

It shall be unlawful for any person, firm or corporation to service or tow away any motor vehicle which has been involved in an accident without the prior consent of the owner or operator or the police officer at the scene of the accident. No motor vehicle shall be serviced at or removed from the scene of an accident where the police officer requires or requests that an examination be made of the damaged vehicle to determine whether the vehicle was defective or where the police officer requires or requests that photographs and/or diagrams of the scene be made.

§ 236-13 Solicitation prohibited.

A. 

It shall be unlawful for any person, firm or corporation to drive along any public street or highway within the Village of Monticello for the purpose of soliciting towing and/or repair work.

B. 

It shall be unlawful for any person, firm or corporation to solicit towing or repair work at the scene of any motor vehicle accident on private property or on a public highway within the Village of Monticello.

§ 236-14 Denial or revocation of license.

The Board of Trustees may, in each case after a public hearing, either deny any license to any applicant whom the Board of Trustees shall determine to be an undesirable person or incapable of properly conducting a road service or tow truck business or revoke the license or licenses of any licensee whom the Board of Trustees shall determine has violated the provisions of this chapter.

§ 236-15 Penalties for offenses.

[Amended 6-21-1999 by L.L. No. 5-1999]

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.

§ 236-16 Rotating call list.

A. 

A licensee performing towing services for the village or called by a police officer shall be limited to licensees whose auto repair facility is located within the boundaries of the Town of Thompson and shall perform on a rotating basis of a twenty-four-hour calendar day. The calendar days shall be assigned on a rotating schedule per licenses issued for licensees whose auto repair facility is located within the boundaries of the Town of Thompson. A licensee who cannot respond on his given day shall relinquish his turn, and the list will advance to the next day's licensee. Such licensee, in order to be placed on the list, shall furnish the Village Clerk with quarterly certificate of insurance in compliance with § 236-3C hereof. All licensees are required to provide to any owner of a vehicle it tows a form which includes information that the licensee was called to the scene by the Monticello Village Police and the licensee's name, address and phone number, as well as the name and phone number of the Village Clerk for registering any complaints. The Village Board shall periodically review the complaints and may strike any licensee from the list for the period of one year based on the complaints. Substituting will be tolerated only by necessity. When the owner or driver of a disabled vehicle indicates a choice of a specific licensee, that licensee shall be called, and no tow truck shall be assigned from the rotating list. No licensee shall respond to the scene of an accident except upon notification by the police officer in charge in police headquarters or upon request of the driver or owner of the disabled vehicle.

[Amended 6-17-1996 by L.L. No. 6-1996; 10-21-1996 by L.L. No. 9-1996]

B. 

Such licensee, in order to be placed on the list, shall furnish the Village Clerk with quarterly certificates of insurance certifying the insurance coverage required by § 236-3C hereof. Each licensee is required to provide to the owner or operator of a vehicle it tows a form which includes information that the licensee was called to the scene by the Monticello Village Police, the licensee's name, address and phone number, as well as the name and phone number of the Village Clerk for registering any complaints. The Village Board shall periodically review the complaints and may strike any licensee from the list for the period of one year based on the complaints.

[Amended 10-21-1996 by L.L. No. 9-1996]

C. 

In the event that a licensee called does not respond as quickly as is necessary in the opinion of the police officer in charge at the scene of an accident or other emergency, the police officer may call another licensed tow truck. At no time shall it be more than 15 minutes from the time the licensee is called.

D. 

Such additional rules and regulations regarding the rotation of tow trucks as they may be hereafter promulgated by the Village Board of Trustees shall take effect immediately after service of a copy thereof on holders of all licensees for tow trucks in the village. Service upon a licensee may be made by sending by ordinary mail, a copy of the additional rules and regulations to said licensee's business address.