[HISTORY: Adopted by the Board of Trustees of the Village
of North Hills 12-18-2013 by L.L. No. 6-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 206.
[1]
Editor's Note: This local law also repealed former Ch.
199, Towing, adopted 6-3-1993 by L.L. No. 4-1993 (Ch. 161 of the 1982
Code), as amended.
It is hereby declared and found that it is of vital importance
to the traveling public that disabled vehicles are removed from the
highways as promptly as possible; that any delay in such removal may
result in retarding the movement of traffic unnecessarily and may
cause street accidents; and that the towing of motor vehicles from
public highways and private property within the Village is a matter
affecting the public interest and, consequently, should be subject
to supervision and administrative control for the purpose of safeguarding
the public against fraud and the imposition of exorbitant towing charges
or any similar abuse.
Unless otherwise expressly provided, for the purposes of this
chapter, or unless otherwise provided in the Code of the Town of North
Hempstead, the following words shall have the meanings herein indicated:
Any incident or occurrence in which:
Any area of a street or private property where an accident
has occurred or to which a vehicle is removed to prevent obstruction
of traffic and will remain until the vehicle is removed either under
its own power or by a properly licensed tow truck.
To entreat, to approach with a request or plea, to urge strongly,
to accost or to try to obtain by asking.
The moving or removing of a disabled or abandoned motor vehicle
by another vehicle for hire.
A vehicle which either is towing or is equipped with a crane,
winch or similar device designed to raise, remove, push, pull or carry
a motor vehicle or the front or rear end thereof.
For the purposes of this definition, the following shall not
be considered a tow truck:
A vehicle owned or operated by a governmental agency.
A vehicle being used exclusively for towing motor vehicles which
are owned, leased or operated by the owner or lessee of the towing
vehicle or by a person affiliated with the owner or lessee of the
towing vehicle and which towing vehicle has legibly inscribed on each
of its sides, in letters no less than three inches high, the legend
"not for public hire."
It shall be unlawful for any person to own or operate any tow
truck or permit the same to be operated within the Village without
first having obtained and then having in force a tow truck owner,
operator, driver, and vehicle license therefor issued by the Town
of North Hempstead where such license is required by the Code of the
Town of North Hempstead. Ownership and/or operation of such tow truck
shall at all times be conducted in accordance with the requirements
of the Code of the Town of North Hempstead.
Every vehicle operated within the Village as a tow truck shall
be kept mechanically fit, of good appearance and in a good, safe condition
for towing.
Charges for towing, storage and labor shall not exceed the charges
authorized by the Town of North Hempstead.
Every tow truck driver shall obey all traffic laws, ordinances,
local laws, rules and regulations while operating a tow truck and,
upon his/her conviction for any violation of any such law, ordinance,
rule or regulation shall report the same within three days to the
Village Administrator, advising of the nature of the offense charged
and the name and location of the court. The reporting requirement
set forth herein shall not apply to parking violations.
A.
It shall be unlawful for any person to park on or drive along any
road, street, highway, avenue or bridge in the Village and solicit
towing work or to solicit towing work in the Village.
B.
It shall be unlawful for any operator, driver or other occupant of
a tow truck to solicit towing work while parked or standing on any
road, street, highway, avenue or bridge, or public place, in the Village.
C.
It shall be unlawful for any tow truck operator or driver to stop,
stand or park at the scene of an accident or disabled or abandoned
motor vehicle without lawfully having been requested or notified to
do so by the police or the owner or operator of a vehicle which has
been involved in such accident or which is so disabled or abandoned.
Licensed tow truck owners and drivers, when required, will answer
promptly all communication received from the Village Administrator.
The Village Administrator shall have the power to prescribe
reasonable rules and regulations for the proper and efficient administration
and enforcement of this chapter.
A.
Any offense against any provision of this chapter shall be a violation of the chapter, which violation shall be punishable as provided in § 1-12 of this Code, except that any person or persons, association or corporation committing an offense against any provision of § 199-7 shall be guilty of a Class B misdemeanor, which shall be punishable by a fine of not more than $1,000 or by imprisonment for a period not to exceed three months for each such offense, or by both such fine and imprisonment.
B.
In addition to the foregoing, upon conviction of a license holder
for a second violation of any provision of this chapter occurring
within a period of six months, the license of such person shall be
automatically revoked.