[HISTORY: Adopted by the Town Board of the Town of Dover
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 135.
[Adopted 12-30-2009 by L.L. No. 4-2009]
This article is adopted pursuant to the authority of Town Law
§ 130, Subdivision 7.
The Town Board of the Town of Dover hereby makes the following
findings: The health, safety and welfare is adversely affected by
the practice of some tow truck operators in the Town of Dover coming
to the scene of motor vehicle accidents in order to solicit business
from those involved in said accidents. The arrival at the scene of
more tow trucks than are required unnecessarily expands the scene
of the accident to include those tow trucks. This increases traffic
congestion and creates greater difficulty in directing traffic around
the scene. Increased traffic congestion can cause delays for emergency
vehicles and possibly life-saving personnel and equipment arriving
at the scene of the accident and at other emergencies that may occur
at the same time. Also, this increased congestion can cause other
motor vehicle accidents to occur and can thus unnecessarily increase
the risk of injury to emergency personnel, persons and property. The
presence of more tow trucks than are required can also interfere with
the activities of those police officers investigating the causes of
the accident.
The solicitation of towing business at motor vehicle accidents
is prohibited within the Town of Dover. It shall be unlawful for any
person operating a tow truck to cause said tow truck to remain within
500 feet of the scene of a motor vehicle accident unless such person
has been called to the scene by a police officer, emergency incident
commander or by a person involved in the mishap. (Note: Any first
responder arriving at the scene under a blue light in a tow vehicle
and breaking the five-hundred-foot barrier shall be considered present
as an emergency responder and not at the scene for the purposes of
towing.)
A violation of this article shall be punishable by a fine of
not less than $500 for the first offense and by a fine of not less
than $1,000 for a second or subsequent offense within one year of
the previous offense. (Note: Any tow operator who breaks the five-hundred-foot
barrier without the proper authorization outlined above shall forfeit
his/her position on the rotating tow list used by the Dutchess County
Sherriff's Office and the New York State Police and shall be
subject to the penalties outlined above.)
