[Added 6-9-2011 by L.L. No. 4-2011]
The purpose of this ordinance is to fairly and uniformly assign,
distribute and regulate the towing of motor vehicles within the Town
of Warwick so as to provide the safest and most efficient service
to its residents and employees. The Town of Warwick hereby authorizes
and designates the Chief of Police of the Warwick Police Department
to control and administer the rotational towing list and to inspect
and approve all applicants and licensees on the rotational list. A
license to provide tow list services within the Town of Warwick must
be obtained from the Town Clerk's office subject to provisions
of this chapter.
All tow companies who wish to apply to be placed on the tow
list for the Town of Warwick and wish to be called on a rotational
basis to remove vehicles from scenes of accidents, disabled vehicles
or vehicles otherwise removed by order of the Warwick Police Department
must comply with the following requirements:
A.
The applicant must own, lease, operate and maintain a registered,
working New-York-State-licensed motor vehicle repair facility within
the Town of Warwick. If the applicant does not own the premises on
which the motor vehicle repair facility is situated, a written lease
for the use of the premises or for service from the motor vehicle
repair facility must be provided. Any tow company on the Town of Warwick
towing rotation list that does not comply with this requirement prior
to the date of the adoption of this policy shall not be removed from
the rotation list.
B.
The applicant must provide a twenty-minute daytime and twenty-five-minute
nighttime response time to all parts of the town.
C.
The applicant must maintain twenty-four-hour capability to answer
emergency calls for towing of motor vehicles. The applicant or one
of its employees shall be reachable by telephone at all times at a
designated number or numbers. Applicants must respond to all requests
for towing from the Warwick Police department on a twenty-four-hour-per-day,
seven-day-per-week basis, without exception.
D.
The applicant must have a minimum of one suitable towing flatbed
and one suitable wrecker equipped as required herein to furnish emergency
towing services. All tow companies must have a valid New York State
inspection and registration for each of their tow vehicles. New-York-State-issued
license plates must be registered to the same company as is displayed
on the tow vehicle.
E.
The applicant must maintain a secure storage area within the Warwick
Town limits. A secure storage area will include any area entirely
fenced at least eight feet in height and capable of being secured
(locked) in a manner designed to prevent entry.
F.
The applicant must pay any license fees required by the Town of Warwick
and comply with all insurance requirements set forth herein.
On each side of every tow truck, the owner shall display, by
painting, decals or other similar means, the name, address and telephone
number of the tow company in letters and numbers not less than three
inches high. No magnetic signs will be accepted.
A tow truck license may be issued subject to the following conditions:
A.
A licensed tow company, their agents and employees shall keep and
maintain towing equipment adequate to perform such towing in a reasonable,
competent manner.
B.
Each licensed tow company shall record the details of each disabled
vehicle towed, serviced or transported by it or its agents or employees,
with full information concerning the details surrounding the hire,
the name of the owner of the vehicle and the name of the operator
who engaged it. This record shall be open for inspection at all times
to a duly authorized representative of the Warwick Police Department.
C.
Licensed tow companies that are on the Town of Warwick's rotating
tow list, if and when called, agree to and must respond with their
equipment.
(1)
If a tow company cannot respond, the next available tow company from
the tow list will be dispatched.
(2)
If a tow company cannot respond they will be removed from the rotation
list for a period of 24 hours.
(3)
In the event a licensed tow company cannot respond they will notify
the Warwick Police communications center of that fact.
(4)
Under no circumstance will any tow company who is unable to respond
to a call for service send or contact another tow company to respond.
A.
A licensed tow company will assume all responsibility and liability
for damages to persons and property that may occur during the operation
of any of the licensee's vehicles through the negligence of itself,
its agents or employees or from any other cause, and agrees to hold
harmless the Town of Warwick.
B.
The licensee shall obtain and maintain, at the licensee's own
expense, for the term of the tow license, protective liability insurance
in accordance with the Town's minimum requirements in order to
protect the Town of Warwick and all employees of the named insured.
C.
There shall be no coinsured parties covered by this policy.
D.
The policy shall cover liability of the named insured for damages
for any actions resulting from the use of the license, including omissions
and supervisory actions of the town.
E.
The licensed tow company shall agree that no policy once issued shall
be changed or cancelled unless 30 days' written notice has been
given to the Town of Warwick.
F.
Failure to maintain proper insurance on file with the Town will result
in immediate suspension or termination from the Town of Warwick tow
list.
G.
All licensed tow companies must provide proof of insurance in a form
approved by the Town of Warwick in a minimum amount of $1,000,000
single limit general liability coverage naming the Town of Warwick
as an additional insured.
A.
The towing rotation list will be kept by the Town of Warwick Police
communications center and will be utilized by the Town of Warwick
Police Dispatchers.
B.
The rotation list shall be operated on a tow-per-tow basis.
C.
In the event that more than one tow company is needed at the scene
of an accident or incident, the police dispatcher will call the next
tow company in the rotation.
D.
Each tow company at the scene will assist the police in clearing
motor vehicles from the public highways to the shoulder of the roadway.
E.
All licensed tow companies will respond to requests for service by
the Warwick Police department within 20 minutes during the daytime
and 25 minutes at night.
F.
In the event that a vehicle tow or recovery operation exceeds the
capabilities of any of the licensed tow companies on the Town of Warwick
rotation list, the Town may contact an unlicensed tow company who
is equipped to handle such an operation.
G.
Each towing firm responding to a call for service must supply the
owner/operator of the vehicle which is being towed a card with the
business name, address, telephone numbers and hours of operation.
Tow companies who do not answer a call for assistance or who
fail to arrive at the designated location where assistance has been
requested within the required response time, or which are otherwise
unavailable when called, shall lose their turn on the tow list and
must wait 24 hours before they are eligible to be called again.
A.
All licensed tow companies are prohibited from soliciting towing
or repair work at the scene of any motor vehicle accident on a public
street or highway or on private property within the Town of Warwick.
B.
All licensed tow companies are prohibited from driving along any
public street or highway within the Town of Warwick for the purpose
of soliciting towing work.
C.
All licensed tow companies and their employees are prohibited from
having in their tow vehicle or on their person any radio, scanner
or other device capable of receiving radio transmissions from any
police/fire or EMS agency frequency.
A.
At the owner's request the officer at the scene may contact
a tow company which is not on the Town of Warwick tow rotation.
B.
If the police officer at the scene has safety concerns regarding
the vehicle's location and the requested tow company's response
time, the officer has the authority to supersede the owner's
request and contact a licensed tow company from the rotation list.
C.
The owner/operator of a vehicle that requires towing may wish to
have the vehicle towed to the repair facility of his or her choosing
or to a private residence. It will be the obligation of the licensed
tow company called to the scene to remove that vehicle to the location
of the owner/operators choosing.
D.
In the event the owner/operator of the vehicle and the licensed tow
company are unable to agree on a suitable form of payment or the tow
company has no billing agreement with the owner's chosen repair
facility, the owner of the vehicle is under no obligation to utilize
that tow company. The next available licensed tow company from the
rotation list will be contacted.
E.
Impounded vehicles.
(1)
In the event a licensed tow company is contacted to remove an impounded
vehicle to the Warwick Police Department's impound lot, the invoice
for the tow will be directed to the owner of the vehicle.
(2)
All other impounded vehicles will be removed by the licensed tow
company to its secure storage area.
A licensed tow company called to the scene of an accident must,
if deemed necessary by the police officer at the scene, sweep away
or clean up any debris, provided that the operator is provided with
police protection from traffic at the scene.
All licensed tow companies must demonstrate that their communication
equipment between the point of incoming calls for assistance and the
farthest point in the town is fully capable of two-way communication
at all times. A two-way radio or mobile telephone shall be considered
adequate for this purpose.
A.
Any violation of these regulations by any licensed tow company on
the Town of Warwick rotation list may result in disciplinary action,
including suspension and or termination from the rotation list.
B.
Any tow company who is removed from the rotation for a violation
of these regulations must meet all of the criteria as set forth herein
to be reinstated.
C.
Licensed tow truck owners and/or drivers, when required, will answer
all communications received from the Warwick Town Board and the Chief
of Police.
D.
All licensed tow companies shall be required to surrender any license
or licenses to the Town Clerk, upon demand, after such license or
licenses have been suspended, revoked or expired.
E.
Any complaint about the application or enforcement of this chapter
by a police officer shall be made in writing by the owner or driver
of a licensed tow truck to the Chief of Police.
