[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 1-1-1995 by L.L. No. 3-1994. Amendments noted where
applicable.]
A.
The Board of Trustees of the Incorporated Village of Stewart Manor
(hereinafter the "Board of Trustees") finds it to be of vital importance
to the traveling public that disabled motor vehicles be removed as
quickly and efficiently as possible from the streets and roadways
in the Village of Stewart Manor and that the delay in the removal
of such vehicles disrupts the flow of traffic and compromises the
safety and convenience of motorists and pedestrians alike. The Board
of Trustees further finds that the towing of disabled motor vehicles
from the streets and roadways in the Village is a matter affecting
the public interest and, consequently, should be subject to regulation
and administrative control for the purpose of safeguarding disabled
motorists against fraud, the imposition of exorbitant towing and storage
charges and other abuses.
B.
It is, therefore, the intent of the Board of Trustees in enacting
this chapter to license and regulate operators and require the registration
of tow cars for hire in the Village of Stewart Manor in a manner that
will minimize the impact on local traffic patterns, safeguard the
public against fraud, exorbitant towing and storage charges and other
abuses and otherwise promote the health, safety and general welfare
of Village residents and others who travel upon the streets and roadways
in the Village.
Except as provided in § 173-13 herein, it shall be unlawful for any person, firm or corporation to operate or permit to be operated a tow car for hire within the limits of the Incorporated Village of Stewart Manor without having in force and effect a license issued by the Village Administrator. For the purposes of this chapter, a "tow car" shall include any vehicle which is used or equipped with a crane, winch or similar device designed or used to raise, remove or carry a motor vehicle or the front or rear end thereof. The towing of a motor vehicle in the streets of the Village by a tow car shall be presumptive evidence that said tow car is being operated for hire. Licenses shall be issued on a calendar-year basis and shall be renewable annually in accordance with this chapter.
A.
No license to operate a tow car for hire shall be issued unless an
application therefor shall have been filed with the Village Administrator
upon a form prescribed therefor, which shall include the following
information:
(1)
The name and address of the applicant.
(2)
The license number issued to the applicant by the Town of Hempstead
and the date of the license's expiration, if applicable.
(3)
The number of tow cars to be operated under the license by the applicant
within the Village of Stewart Manor and a description of each such
vehicle, including the make, model, year of manufacture and New York
State registration number.
(4)
The address of the place from which each tow car is proposed to be
garaged and dispatched.
(5)
The location of any and all depots and terminals proposed to be used
by the applicant for the storage of disabled motor vehicles.
(6)
Any other relevant information which the Village Administrator may
require.
B.
In the event that the applicant is not licensed to operate a tow car for hire by the Village of Stewart Manor, all information required by § 183-3 of the Code of the Town of Hempstead.
C.
Proof of a valid license to operate a tow car for hire in the Town
of Hempstead shall be presumptive evidence that the applicant is qualified
to be issued a license to operate a tow car for hire in the Village
of Stewart Manor.
Each tow car operated for hire under a license issued by the
Village Administrator must be registered annually with the Village
Administrator and assigned a registration number.
The license to operate a tow car for hire and the registration
of each tow car for hire in the Village of Stewart Manor shall expire
on the 31st day of December of the year such license and registration
were issued, regardless of the date of issuance.
The maximum prices to be charged by registered tow cars for
the towing and storage of disabled motor vehicles removed from the
Village of Stewart Manor shall not exceed the maximum amounts prescribed
in § 183-23 of the Code of the Town of Hempstead.
On each side of every tow car registered with the Village of
Stewart Manor, there shall be legibly inscribed, in letters not less
than three inches high, the name and address of the owner of such
tow car and the registration number assigned to such tow car by the
Village Administrator.
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 the accident where the police
officer requires or requests that an examination be held for the purpose
of finding out whether the car is defective.
It shall be unlawful for any person to drive along any street
or highway in the Incorporated Village of Stewart Manor for the purpose
of soliciting towing work.
The Board of Trustees may promulgate and prescribe rules and
regulations consistent herewith for the proper administration and
enforcement of this chapter.
The Board of Trustees may suspend a license to operate a tow
car for hire for the violation of any provision hereof or of any rules
and regulations promulgated hereafter or for the failure of the owner
or operator of any registered tow car to tender services to the owner
or driver of a disabled vehicle who is ready and willing and presumptively
able to pay for towing and storage.
The provisions or this chapter shall not apply to cases where,
without solicitation, the owner of a motor vehicle shall have specifically
requested that the same be towed by an unregistered tow car.
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 not to exceed
$250 for each offense or by imprisonment not exceeding 15 days, or
both.
