[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 57-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
No person shall operate a truck or other type of motor vehicle
designed to tow and capable of towing other motor vehicles for hire
within the Village, unless a license shall first have been obtained
for such truck from the Village Clerk as hereinafter provided, except
that tow truck operators from outside the Village may enter the Village
to remove a motor vehicle from any garage without a license but may
not remove a motor vehicle from an accident scene or road site, and
provided further that a tow truck owner or operator may tow his own
vehicles within the Village without such license.
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 address of the applicant and the address and place from
which tow cars are proposed to be garaged and dispatched, specifying,
in the case of any unincorporated association, the names and addresses
of each member thereof and, in the case of any corporation, the names
and addresses of each officer, director and stockholder thereof.
B.
A statement that he has read and understands the provisions of this
chapter and will abide by them if issued a license.
C.
The age and citizenship of the applicant and each member thereof,
if an unincorporated association, and each officer, director and stockholder
thereof, if a corporation.
D.
The registration number of the tow truck to be operated.
E.
The amount of liability and property damage insurance on said tow
truck, the name of the insurance company and the policy number.
F.
The schedule of maximum prices the licensee agrees to charge during
the term of the license for towing motor vehicles from points within
the Village and for the legal storage of such vehicles at its public
garage. Such schedule may be based upon the distance that each motor
vehicle is to be towed, the weight of the vehicle towed and upon the
time of day or night such services are performed.
G.
Whether or not the licensee wishes to be placed on the nonaccident
roster.
H.
Other information. Material identifying the applicant physically
and referencing of the applicant's good character and business responsibility,
a record of traffic infractions and the location of a storage or impoundment
facility to which vehicles are to be towed may be required on the
application form.
If the Village Clerk finds upon investigation that the applicant
is capable of properly conducting such tow truck business, is of good
character and conforms to the provisions of this chapter, then the
Village Clerk shall issue a license and medallion to be conspicuously
displayed on said tow truck. In evaluating whether the applicant is
of good character, the Clerk shall consider the following:
A.
Whether the applicant has made a material misrepresentation in his
application.
B.
Whether the applicant's associated storage or impoundment facility
is in violation of the zoning or building laws or other regulations.
C.
Whether the applicant has been convicted of a misdemeanor in the
operation of a motor vehicle, a misdemeanor in connection with the
operation of a towing business or any felony.
No person may have more than one tow truck license. A licensee
duly qualified shall have but one place on the accident roster and/or
the nonaccident roster, although he may have several licensed tow
trucks or places of business within the Village. For the purposes
of this chapter, a garage owned by one or more individuals may have
but one place on the accident roster.
Each license issued pursuant to this chapter shall expire on
the first day of January following the issuance thereof and is not
transferable from one person to another.
[Amended 3-8-2010 by L.L. No. 2-2010]
The fee for such license or renewal thereof shall be in an amount
established by the Board of Trustees by resolution. The fee is payable
to the Village Clerk. Such license shall cover only one tow truck.
Upon the return of the license to the Village Clerk by the licensee,
the license fee will be returned to the licensee on a prorated basis.
On each side of every 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 licensee and the medallion
number assigned to such tow truck by the Village Clerk.
The owner of any motor vehicle, whether disabled by accident
or otherwise, shall have the right to request assistance from any
Village tow truck licensee, notwithstanding the next eligible licensee
on the nonaccident or accident roster.
The tow trucks of licensees on the nonaccident roster shall
be equipped at all times with emergency flashing amber lights visible
from front and rear, a CO2 or dry-powder fire
extinguisher with a minimum capacity of 15 pounds, a carton containing
at least one dozen red railroad-type flares, a dolly and a shovel
and a broom for clearing the highway of debris, if any. All equipment
shall be maintained in good condition and in satisfactory working
order.
Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensee, or motor vehicles which are to be impounded for other reasons, shall be towed away by licensees from the nonaccident roster on a rotating basis. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer. In the event that a licensee is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rate provided for in § 164-13A(6).
The Village Clerk shall prepare and certify the nonaccident
roster to the Chief of Police in the order in which the aforesaid
licensees applied.
A.
Any licensee, as hereinbefore provided, who further files with the Village Clerk on a form prescribed therefor, which shall include but not be limited to Subsection A(1) to (9) as described hereinafter, and who pays to the Village Clerk an additional fee in an amount to be established and which may be modified by resolution of the Board of Trustees, shall be placed upon an accident roster from which the Village Police Department shall call upon licensees to removed disabled vehicles from the scene of accidents within the Village. This additional fee shall be paid on the same terms as set forth in § 164-7. The information to be filed with the Village Clerk shall be as follows:
(1)
That the licensee owns or leases by agreement with another, to terminate
at a time after the expiration of the period for which the license
is to be issued, a place of storage, impoundment or repair of towed
vehicles within the Village. For the purposes of this section, an
applicant who states that he maintains a place of business on the
very same premises or real property owned by another licensee, and
on which said other licensee maintains a place of business or on which
another licensee maintains a place of business, or an applicant who
states that he is a lessee of a licensee, shall not qualify for a
place on the accident roster.
(2)
That such public garage maintains twenty-four-hour service to answer
emergency calls regarding motor vehicles from said location within
the Village.
(3)
No licensee shall assign or sublease his license to another entity
nor use a tow truck owned by another to respond to accident calls.
(4)
That the tow truck or trucks of such licensees are equipped with
a lifting boom on the rear of the truck with a minimum ton-and-a-half
power winch, equipped with 150 feet of three-eighths-inch steel cable;
dual rear wheels; a CO2 or dry-powder fire
extinguisher with a minimum capacity of 15 pounds; a crowbar; emergency
flashing amber lights, visible from front and rear; a broom, a hacksaw,
an ax, a dolly, a shovel and a carton containing at least one dozen
red railroad-type flares.
(5)
That each tow truck is covered with appropriate amounts of automobile
and comprehensive liability insurance, property damage insurance and
garage liability insurance. The amounts of such insurance coverages
shall be established from time to time by resolution of the Board
of Trustees.
(6)
That the licensee agrees to charge no more than the maximum rates
established by resolution of the Board of Trustees for the following
services for towing from the accident scene to his/her place of business
or to any other place within the Village of Amityville designated
by the owner or operator of the motor vehicle, regardless of the distance
when called by the Police Department:
(a)
For all passenger cars regardless of weight and other vehicles
four tons and lighter:
[1]
Monday through Friday from 9:00 a.m. to 5:00 p.m.
[2]
At all other times which shall include holidays, i.e., New Year's
Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day.
[Amended 1-24-2011 by L.L. No. 1-2011]
(b)
For dollying. "Dollying" means, for the purpose of this section,
to remove or convey on a dolly.
(c)
For winching at a per-one-half-hour rate, up to a maximum amount.
"Winching" means, for the purpose of this section, to hoist, haul
or push by a winch not connected to a boom.
(d)
For labor to upright an overturned motor vehicle.
(7)
All disabled vehicles towed by the licensee shall be taken to the
place of business of the licensee within the Village.
(8)
That the licensee may charge a per-diem rate for storage. The maximum
per-diem rate shall be established and may be modified by resolution
of the Board of Trustees.
(9)
That the person agrees to respond to all calls of the Police Department
as hereinafter provided regardless of the hour of day or distance
to the scene, provided that its equipment is not otherwise employed.
The Village Clerk shall prepare and certify the accident roster
to the Police Department in the order in which the aforesaid licensees
applied. In addition, he shall prepare and certify a subaccident roster
composed of licensees who have extra-large equipment, which equipment
is capable of righting and towing a vehicle of three tons or more.
The Chief of Police, or his designee, is hereby authorized to
designate licensees from the accident roster on a rotating basis for
the purpose of towing motor vehicles from the scenes of accidents.
In the event that extra-large towing equipment is needed, he will
designate a licensee from the subaccident roster without changing
the licensee's place on the accident roster. The above-mentioned rosters
shall be posted in a public place to be chosen by the Police Chief
during the hours of 9:00 a.m. to 5:00 p.m., except Saturdays, Sundays
and holidays.
A licensee who does not answer the call of the Police Department
or is not available when called shall lose his turn on the accident
roster and must wait for the roster to be called in its entirety before
he is eligible to be called again.
A licensee called to the scene of an accident, if necessary,
must sweep away or clean up any debris, but only if he is provided
with police protection against moving vehicles at the scene.
It shall be unlawful for a licensee to assign his place on the
roster to any other licensees or other person on the accident or nonaccident
roster.
If more than one tow truck is needed at the scene of an accident,
the Police Department shall call the next licensee in rotation. In
that event, the choice of disabled motor vehicles to be towed shall
be determined by the licensee in the order in which the licensee was
called irrespective of the time he arrives on the accident scene.
The first licensee to appear on the scene shall, however, assist the
police officer in clearing the motor vehicles from the public highway
onto the shoulders or side of the highway.
It shall be unlawful for any person who is not designated from
the accident roster, as aforesaid, and who does not have the prior
consent and direction of the police officer at the scene, to tow away
any motor vehicle which has been involved in an accident. The police
officer in every case will determine when the aforesaid motor vehicle
shall be removed.
It shall be unlawful for any licensee on the accident roster
to willfully refuse to tow away a motor vehicle after having appeared
upon the accident scene, or to fail to arrive at the accident scene,
after being duly designated and notified as hereinbefore provided,
regardless of the hour of day or distance to the scene of the accident,
provided that his equipment is not otherwise employed or the licensee
is physically incapacitated. A violation of this section shall result
in an automatic suspension from the accident roster for 60 days.
It shall be unlawful for any licensee to charge any person more
than the maximum prices set forth in its application for the towing
and storage of disabled motor vehicles.
The schedule of maximum prices to be charged may be revised
at the time application is made for a renewal of the license.
A.
Any license issued hereunder may be suspended by the Board of Trustees
if the licensee thereof shall violate any provision of this chapter,
any rule or regulation adopted hereunder or any local law of the Village
or if the licensee is convicted of the violation of any traffic law,
ordinance or regulation of the State of New York or of any municipality
of the State of New York or of any crime or is guilty of making a
false statement or misrepresentation in his application. Any license
issued hereunder shall be suspended by the Board of Trustees if the
holder thereof shall be convicted of the commission of any crime or
offense.
B.
No license shall be either suspended or revoked by the Board hereunder
without a public hearing thereon, held not less than 15 days after
written notice thereof shall have been given to the licensee, either
in person or by certified mail, addressed to the licensee at the address
shown upon the most recent application of said licensee.
[Amended 3-8-2010 by L.L. No. 2-2010]
A.
Date, time and place. Whenever it shall be provided herein that a
hearing shall be held, such hearing shall be held on a date and at
a place and hour designated by the Board of Trustees.
B.
Notice. The Village Clerk shall give notice thereof, stating the
name and address of the applicant or licensee concerned, the subject
matter of the hearing and the date, place and hour thereof designated
therefor, by mailing a copy thereof to the applicant or licensee concerned
at the address shown upon the most recent application of such applicant
or licensee at least 15 days before such hearing.
C.
Publication of notice. The notice required in Subsection B of this section shall also be published, at least once a week for two successive weeks, in the official newspaper of the Village, the first publication to be at least 15 days before such hearing.
D.
Rights of parties. Upon any hearing, the applicant or licensee involved
shall be entitled to be represented by legal counsel and to present
such competent and material testimony or other evidence in his own
behalf as may be relevant to the subject matter of the hearing.
E.
Examination of witnesses. All witnesses shall be sworn and examined
under oath.
No agreement between the owner or authorized operator of a vehicle
to be towed under this chapter and a licensee under this chapter for
the preparation of an estimate of the cost of repairs to said vehicle,
or for the performance of such repairs, shall be enforceable by a
licensee hereunder without a signed writing to that effect executed
by the vehicle owner, not earlier than 48 hours after initial agreement,
affirming such agreement.
No vehicle involved in an accident or otherwise disabled shall
be removed without an authorization on a form prescribed by the Village
signed by the owner of the vehicle or police officer in charge thereof.
Such authorization shall be for the towing and storage of the vehicle
only and shall show the rates to be charged for towing and storing
said vehicle. Such signed authorization shall be retained by the licensee
for a period of six months and shall be exhibited upon demand to an
official of the Village or any member of the Police Department. The
towing authorization required hereunder must be in the following form:
|
TOWING AUTHORIZATION
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|---|---|
|
(Insert name, address and phone number of licensee)
| |
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Date ____________________
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Name
| |
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(City)
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Town
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Address
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Make and Type of Car
| |
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Year ________
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State Registration No.
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Towing Charges ___________________
| |
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(Amount not in excess of charge shown on filed schedule)
| |
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Tow Car Driver's Name
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Address
| |
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License No. ________________________
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Medallion Number of Licensee _________________________
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State Registration
| |
|
I authorize the towing of the above automobile to the following
place:
| |
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______________________________________
Signature of Owner or Police Officer in Charge
| |
A licensee shall have prepared a pad of bills containing a printed
billhead showing the name and address of his place of business. A
licensee shall prepare a bill on this billhead form, in duplicate,
the original of which shall be furnished to the owner of the disabled
vehicle or his authorized representative. This bill must be printed
in a form approved by the Village Clerk and shall contain the following
information:
A.
The full name and address of the person engaging the tow truck.
B.
The registration number of the disabled vehicle.
C.
The total amount to be charged for towing and storage rate per 24
hours or part thereof.
D.
The full name and address of the operator of the tow truck.
E.
The registration number of the tow truck.
F.
The licensee's medallion number.
The duplicate of the bill shall be retained by the licensee
for a period of six months. These bills shall be exhibited upon demand
to any official of the Village or any member of the Village Police
Department. Upon payment of the bill given to the owner of the disabled
vehicle or his authorized representative, the licensee shall acknowledge
receipt of payment of such bill.
Every owner upon the sale or other disposition of a licensed
tow truck shall, within 24 hours, notify the Village Clerk of such
sale or other disposition and surrender the license or licenses.
