[HISTORY: Adopted by the Town Board of the
Town of Marlborough 1-9-2017 by L.L. No. 2-2017[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 35.
Streets and sidewalks — See Ch. 130.
All-terrain vehicles — See Ch. 143.
Vehicles and traffic — See Ch. 145.
[1]
Editor’s Note: This local law also repealed former Ch.
140, Tow Trucks, adopted 1-22-1990 by L.L. No. 1-1990, as amended.
A.
It is the intention of this chapter of the Town Code to allow the
Town of Marlborough, through its Police Department, to supervise and
administer the removal of vehicles from the public highways of the
Town that are disabled, abandoned, or otherwise need to be removed
via a tow truck operators list from which the Police Department will
call and request services in a rotating basis. This chapter only applies
to tow trucks called into service by the Town of Marlborough.
B.
It is hereby declared and found that it is of vital importance to
the travelling public that disabled vehicles are removed from the
roadways and highways as promptly as possible, that delay in removal
results in restricting the movement of traffic unnecessarily and causes
street accidents. The towing of disabled motor vehicles from the roadways
and highways of the Town of Marlborough 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 traffic problems and confusion at the scene of accidents,
fraud and exorbitant rates and similar abuses. The Town Board believes
that establishing a tow list for use by the police can accomplish
this purpose.
C.
It is the intent of the Town Board of the Town of Marlborough to
establish a fair and uniform regulation and procedure for the towing
of vehicles. The following issues have been taken into consideration
in the development of this chapter:
(1)
The needs of the public: To meet the needs of the public, the business
practices on the part of private towing companies acting at the direction
of the Town police must be regulated. Towing companies who wish to
participate in the Town towing program must demonstrate that they
can give prompt, safe, and professional service. The community needs
tow operators who are competent and able to respond to calls within
a minimum of time delay. This requirement mandates an appropriate
administrative response to deal with those towing agencies which do
not provide services which meet Town standards.
(2)
The needs of the towing industry: The needs of the towing industry
must be met by providing them with a consistent system for the equitable
distribution of tow calls within the Town. This provides the towing
industry with clear and precise requirements for continued service
to the community. This chapter also allows for a fair and equitable
means to resolve disputes between tow operators.
(3)
The needs of the Town police. The needs of the Town police must be
met by providing for a clear procedure for contacting towing companies.
For purposes of this chapter, the following terms shall have
the following meanings:
The person, corporation or other entity to whom a permit
has been issued pursuant to this chapter.
The Police Department of the Town of Marlborough.
A vehicle used for towing usually equipped with a crane,
winch, tow bar, push plate or other device designed to pull or push
a vehicle or to raise a vehicle or the front or rear end thereof or
a flatbed tow truck.
The moving of a vehicle where a fee, charge or other consideration
is directly or indirectly imposed for such moving.
A person or entity engaged in the business of offering towing
services whereby motor vehicles are moved by use of a motor vehicle
designated or adapted for that purpose.
A permit issued pursuant to this chapter.
The Town Board of the Town of Marlborough.
A motor vehicle as defined in § 125 of the Vehicle
and Traffic Law, a tractor as defined in § 151-a of such
law or a trailer as defined in § 156 of such law.
A.
A valid permit issued pursuant to this chapter shall be required
before a tow truck operator or towing company will be permitted to
tow a vehicle upon request by the Town of Marlborough Police Department.
B.
Nothing herein shall prohibit tow truck operators from outside the
Town of Marlborough from entering the Town of Marlborough to remove
a motor vehicle from a registered repair shop, garage, and salvage
yard.
C.
It shall be unlawful for any person, corporation, or other entity
to service or tow away any motor vehicle which has been involved in
an accident without the prior consent of the owner or operator or
the police officer at the scene of the accident.
Every person, corporation, or other entity who desires to operate,
except as herein otherwise provided, the business of automotive towing
by a tow truck(s) or car carrier(s) owned, controlled or leased by
him as a permittee on the rotational towing list maintained by the
Town shall comply with the following criteria:
A.
The applicant must own or lease a licensed and registered New York
repair shop within 1/4 mile of the Town of Marlborough or own or lease
an impound or storage yard within 1/4 mile of the Town of Marlborough.
All towing businesses must have a secure indoor or outdoor storage
area available in which to store specific vehicles out of the public
access. All outdoor lots utilized to store vehicles in conjunction
with the Town tow list must be secured with a fence designed to limit
or restrict access to the public.
B.
The towing business must be sufficiently staffed so that the vehicle
owner may make payment and retrieve their vehicle within one hour
of contacting the towing business but only if that the one-hour window
ends between the hours of 8:00 a.m. and 6:00 p.m. Otherwise, it shall
be in the discretion of the towing company whether to permit evening/overnight
retrieval.
C.
All towing business shall maintain adequate equipment to perform
the required towing task.
D.
All towing business must be capable of a twenty-minute response time
to the scene of the tow after receiving the request for their service.
E.
All towing companies must make their facilities and equipment available
for scheduled inspections. These inspections will be made to ensure
that each company has the appropriate registration, equipment, insurances
and an employee on site. The Police Department will give 48 hours'
notice to the towing business for the inspection.
F.
All towing business shall comply with the requirement for the charging
of fees as established from time to time by resolution of the Town
Board.
G.
Required equipment. In addition to the required equipment specified
in § 375 of the Vehicle and Traffic Law or as promulgated
by the Commissioner of Motor Vehicles, all tow trucks shall be equipped
with:
(1)
Lettering on the truck identifying the exact name of the holder of
the permit issued pursuant to this chapter, as well as a phone number
for the holder of the permit.
(2)
An amber rotating light mounted at the top of the cab or on a light
bar so that the light is visible for not less than 500 feet under
normal atmospheric conditions.
(3)
At least two yellow flashing lights to show the width of the vehicle
from the rear.
(4)
Speedi Dri or similar materials to absorb minor fluid spills. If
the permittee, while at the scene for a tow, feels that it cannot
safely or adequately handle the minor fluid spill, that permittee
shall notify the officer on scene so that other arrangements may be
made for the cleanup of the spill.
(5)
Garbage bags for the removal of debris at the scene.
(6)
A broom and shovel for clean up at the scene.
A.
The Town Board, through the Town Clerk, shall accept all applications
for permits from persons desiring to engage in the business of towing
on such forms as adopted by the Town Board. Every person, corporation,
or other entity who desires to operate, except as herein otherwise
provided, the business of automotive towing by a tow truck(s) or car
carrier(s) owned, controlled or leased by him as a permittee on the
rotational towing list maintained by the Town shall be duly licensed
as a tow truck operator in the Town upon written application, made
under oath, as follows:
(1)
The name and address of the applicant and the address of the place
from which tow trucks are proposed to be garaged or dispatched, specifying,
in the case of any corporation, the names and addresses of each member
thereof and, in the case of any unincorporated association or other
entity, the names and addresses of each officer, director and stockholder.
(2)
A copy of the valid registration and inspection for each of their
towing vehicles. The registration on said towing vehicles must be
registered in the name of the towing business which has been issued
the permit from the Town of Marlborough pursuant to this chapter.
(3)
A list of drivers including a copy of their New York State-issued
driver's license indicating the appropriate classification to
operate the tow trucks listed on the application, as well as a driver's
abstract for each driver showing the license is valid and is not currently
suspended or revoked. This list will be updated annually with each
permit renewal.
(4)
The number of vehicles proposed to be operated by the applicant and
a description of each vehicle, including make, model, year of manufacture,
New York State registration number and vehicle identification number.
This will be updated yearly with the Town at the time of permit renewal.
(5)
All crimes, if any, of which that applicant or any member thereof
has been convicted and, if an unincorporated association, of which
any officer or director has been convicted and, if a corporation,
of which any officers, directors or stockholders thereof have been
convicted, stating the name, if any, and location of the courts and
the dates on which such convictions were had and the penalties imposed
thereon.
(6)
Proof of insurance in the minimum amount of $500,000 personal liability
and $150,000 property damage liability, which shall include a garage
keeper's legal liability policy to cover fire, theft, and property
damage that will fully cover any vehicle towed, impounded or stored
and will keep such policy in effect throughout their permit period.
Additionally, all towing companies will name the Town of Marlborough
as coinsured on their policies.
(8)
Any additional information as reasonably requested by the Town.
B.
The Town Board may, in its sole discretion, adopt a renewal application
form to be submitted each year by existing permit holders.
A.
All applications shall be reviewed by the Police Liaison Committee,
consisting of the Chief of Police and two members of the Town Board.
The Police Liaison Committee shall:
(1)
Review the application for compliance with the criteria of this chapter;
and
(2)
Verify that any repair shop or impound or storage yard within the
Town of Marlborough is in compliance with all applicable planning,
zoning and building laws; and
(3)
Conduct any necessary inspections of either vehicles and/or the repair
shop or impound or storage yard in order to determine compliance.
B.
The Police Liaison Committee shall make a recommendation to the full
Town Board on whether to approve or deny the application for a towing
permit within 20 business days from the date the application was submitted
to the Town Clerk. The Town Board shall then review the application
and adopt a resolution approving or denying the application within
30 days from the date it receives the recommendation of the Police
Liaison Committee. The Town Board is not bound by the recommendation
of the Police Liaison Committee but shall consider the recommendation
in addition to the information set forth in the application.
Upon passage of a resolution by the Town Board approving the
application, the Town Clerk shall issue a permit to the applicant
after a review process. Before the permit is issued, the applicant
shall pay the fee for a permit in an amount set by resolution of the
Town Board. Every permit issued hereunder shall expire on the 31st
day of December next succeeding the date of its issuance unless sooner
revoked, as hereinafter provided. For the year 2017 only, permit fees
shall be prorated based upon the month in which the permit is issued.
The Town Board may deny a permit to any applicant whom the Town Board shall find does not satisfy the criteria set forth in this chapter or that the Town Board shall determine to be incapable of properly conducting a road service or tow truck business. If the Town Board shall deny any application for a license, such denial shall be in writing and state the reasons therefor. Any applicant who shall be denied a license, for any reason other than the fact that the tow list has reached the maximum number of permittees per subsection § 140-10B, shall have the right to appeal such denial to the Town Board within 20 business days with a written submission explaining why the Town Board's denial was in error and why the application should be approved. A decision of the Town Board to approve or deny such an application after an appeal to it shall be in writing and entered into the minutes. After the administrative appeal, such decision shall then be considered final. The applicant shall then have the right to challenge the decision by way of Article 78 or other action that may be appropriate.
Each license shall not be transferred from one person to another
or from vehicle to vehicle. Notification of vehicle replacement must
be made within 30 days to the Chief of Police, who in turn will notify
the Town Clerk and have the application updated.
A.
Lists: two rotational lists shall be kept. Only permitted towing
companies will be included on these lists. An up-to-date copy of the
rotational tow list will be made available to the public. This list
will be maintained in the lobby of the police station. The public
can view the list 24 hours a day and it will be updated at least once
per business day to reflect the current state of the rotation.
B.
Each list will be limited to eight permittees. This number has been
determined based upon the number of tow companies historically on
the Town's tow list for passenger vehicles and light trucks.
The purpose is that each permittee receives enough calls for service
during any given year that tow companies wish to continue to apply
for inclusion on the tow list.
(1)
As December 1, 2016, there are eight companies on the tow list for
passenger vehicles and light trucks. In 2017, those eight companies
will receive priority for inclusion on the tow list under this chapter,
assuming each tow company complies with all application requirements
and the payment of the permit fee within the time limits set by the
Town Board.
(2)
For years 2018 and forward, any towing company submitting any application
for the renewal of an existing and valid permit issued under this
chapter shall maintain its spot on the list, assuming the towing company
submits their renewal application and pays the permit fee within the
time limits set by the Town Board.
(3)
When a tow list has reach the maximum of eight permittees, any new
applications received shall be date stamped and remain on file with
the Town Clerk. Upon the opening of a spot on the two lists, the first
application to have been filed will be reviewed and processed for
possible inclusion on the tow list.
C.
Priority for contacting towing companies shall be made in the following
sequence:
(1)
Emergency needs at the towing scene when, in the sole reasonable
discretion of officer at scene, it is necessary for the vehicle to
be immediately towed from the scene for safety reasons.
(2)
Owner's request for a specific towing agency (within a reasonable
distance and if applicable).
(3)
Next permittee from the rotational towing list.
D.
Permittees will initially be placed on the towing list in random
order. Once the use of the towing list has been commenced, a new permittee
to be included on the list shall be placed on the bottom of the list.
E.
Each company shall be allowed five rings to answer the phone and
the company will be allowed three minutes to return any voicemail
message when the call is not answered.
F.
Once a tow company has not answered a call or is not available, they
will be deemed a declination and the next company on the list contacted
and afforded the same opportunity. This practice will be repeated
until the list is exhausted. A permittee who does not answer a call
or is not available when called shall lose his turn on the towing
roster and must wait for the roster to be called again in its entirety
before he is eligible to be called again. If the entire tow list has
been called and those calls have failed to obtain a response to an
incident, then the closest available tow from an adjacent town shall
be utilized. The same principal shall apply when seeking a heavy-duty
tow truck. If there are none available in Town, then the closest to
the scene from an adjacent town will be utilized.
G.
In the event that a permittee called for towing or service assistance
is unable or fails to arrive at the location within a twenty-minute
time period, the next permittee on rotation shall be called and the
first permittee shall lose its turn in rotation. If a permittee uses
an answering service, the twenty-minute response time shall commence
when the original phone call is made and not from the time voice contact
is made with that tow company.
H.
Assistance:
(1)
If a permittee on the passenger vehicle/light truck tow list accepts
a call from the established list, they must respond to the scene.
In the event that the responding company cannot complete the task
at hand without assistance, the original responding company may, after
notifying the officer at the scene, seek the assistance of another
permittee on the established tow list without a loss of turn or spot
for either company responding. Both the original accepting company
and the assisting company must be involved in completing the tow.
If the police officer on the scene, in his/her sole discretion, finds
that the tow is simply being handed over to the assisting company,
both companies will lose their spot in the rotation of the list. In
the event the two companies together cannot complete the task, then
the next company on the list will be called and the original accepting
company will lose their spot on the list and be marked as unable to
provide services requested.
(2)
If a permittee on the heavy-duty tow list cannot complete the task
at hand without assistance, the original responding company may seek
the assistance from, first, another permittee on the heavy-duty tow
list or, if there is no other permittee on the heavy-duty tow list,
a towing company outside of the Town. Both the original accepting
company and the assisting company must be involved in completing the
tow. If the police officer on the scene, in his/her sole discretion,
finds that the tow is simply being handed over to the assisting company,
the original accepting company and the assisting company (if a permittee
on the heavy-duty tow list) will lose their spot in the rotation of
the list.
I.
In the event that the permittee responds and the vehicle is no longer
in need of tow or the vehicle is no longer present at the site, he
will not lose his turn on the rotational list.
J.
It shall be unlawful for a permittee to transfer or exchange his
place on the roster to any other license on the roster. Additionally,
participating tow companies may not send another company's tow
truck in their place to handle a tow request they have in fact accepted.
K.
If more than one tow truck is needed at the scene of an accident,
the dispatcher shall call the next permittee in rotation. In that
event, the choice of disabled motor vehicles to be towed shall be
determined by the officer in charge.
L.
A permittee shall have but one place on the towing roster although
he maintains several licensed tow trucks in the Town of Marlborough.
M.
Any permittee willfully refusing to tow away a motor vehicle shall
lose his turn in rotation.
N.
All participating tow companies will provide up to three telephone
numbers to be called for tow assignments in priority order. Pager
numbers will not be utilized.
A.
Tow companies shall be available 24 hours per day, seven days a week.
Tow companies must be willing to respond to any type of tow call,
whether it be a collision, disabled vehicle, impound, etc. Tow companies
who do not desire to tow at night or weekends, etc., or who elect
to respond only to certain types of tow calls, will not be considered
for placement on the towing list. (This does not preclude the tow
company from being called as a result of an owner's request.)
B.
Failure to respond to three calls, absent extenuating circumstances, will result in temporary suspension from the towing list for a period of 20 consecutive days which will be imposed in accordance with § 140-13.
C.
All permittees called upon to impound a vehicle for the Town of Marlborough
Police Department must store the vehicle within 1/4 mile of the limits
of the Town of Marlborough unless otherwise directed by a member of
the Police Department.
D.
The permittee shall be responsible for the collection of all fees
for service, towing or storage of any vehicle. Neither the Town of
Marlborough nor the Town of Marlborough Police Department shall act
as agent for the collection of any fees, nor shall they be held responsible
in the event of nonpayment of any moneys due to any permittee as a
result of service performed in accordance with this chapter.
E.
When called to the scene of an accident, the permittee shall be responsible
for removing debris from the roadway.
F.
Absent extenuating circumstances (such as severe snow storms, states
of emergency, etc., where tow companies will be extremely busy), tow
companies will not contact the Town Police and attempt to leave phone
numbers of an on call tow truck operator. It shall be in the sole
discretion of the Chief of Police whether such extenuating circumstances
exist to permit tow truck operators to leave on call numbers with
the Police Department.
G.
Town Police and Town Employees shall comply with the following guidelines:
(1)
The towing of vehicles will be completed in accordance with both
the Town Police Manual/Rules and Regulations and the procedures set
forth in this chapter.
(2)
The tow company, whether an owner's request or from the tow
list, shall not be changed once the company has been notified to respond
to the scene.
(3)
Police officers and Town employees shall not offer personal recommendations
to motorists who wish to request the tow, but have no preference of
a tow company. Police officers and Town employees shall inform the
person in need that a tow list is maintained, comprised of certain
companies which have all met certain criteria, thus offering them
the opportunity to be utilized for towing calls. If an "owner's
request" is made, an owner's request form will be completed by
the officer at the scene and signed by the person making such request.
This list will be maintained at the Police Department for recordkeeping
purposes.
(4)
A towing log shall be maintained at the Town Police Department answering
point (dispatch). After a towing agency has been contacted, and has
failed to answer after five rings or failed to return a voicemail
within three minutes, the call shall be logged onto the towing log.
The log shall include the name of permittee, the time of call, the
blotter number associated with the event requiring a tow and whether
or not the company responded. Upon the companies' response to
the scene, the officer on the scene shall advise dispatch of the arrival.
The arrival time shall then be recorded on the towing log.
It shall be unlawful for any person, corporation, or other entity
to solicit towing or repair work at the scene of any motor vehicle
accident on private property or on a public highway in the Town of
Marlborough. A participating tow company shall be considered to be
in violation of this section if they come within 500 feet of the scene
of an accident or of a disabled vehicle without being called to the
scene by either the Town, another governmental agency or owner request.
Any participating tow company truck alleged to be in violation of
this section will be subject to an investigation by the Chief of Police
or his designee and potential penalties as set forth in this chapter.
A.
Permit suspension or revocation.
(1)
The Town Board may, in each case, after a hearing on seven days'
notice to the permittee of the alleged violations of this chapter,
impose penalties against any permittee that the Town Board shall determine
has violated any provisions of this chapter. The permittee shall be
permitted to submit its response to the allegations either in person
during the hearing or in writing. If the Town Board should find that
the permittee has violated this chapter, penalties are as follows:
(a)
First offense: Twenty-day suspension from the rotation towing
program.
(b)
Second offense: A suspension from the rotation towing program
for up to one year.
(c)
Third offense: Permanent revocation of towing permit. If revoked,
the towing company will not be eligible to reapply for a towing permit.
(2)
A decision of the Town Board to impose a suspension or revocation
of a permit shall be in writing and entered into the minutes. Such
decision shall then be considered final. The applicant shall then
have the right to challenge the decision by way of Article 78 or other
action that may be appropriate.
B.
In addition to the penalties provided in § 140-13A, any person, corporation, or other entity that violates any provision of this chapter shall, upon conviction, be subject to a fine of up to $100 for a first offense, and up to $250 for each additional offense thereafter. The Chief of Police and/or his designee is hereby empowered by the Town Board with the duty, power and authority to enforce the provisions of this chapter.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudicated as invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudicated and the remainder of this chapter shall be
deemed valid and effective.
