[HISTORY: Adopted by the Town Board of the Town of Blooming
Grove 12-6-2022 by L.L. No. 10-2022. Amendments noted where applicable.]
Unless otherwise expressly provided, for the purpose of this
chapter, the following words shall have the meanings herein indicated:
Any accident or occurrence in which one or more vehicles
come into contact with a person, each other, or other objects, thereby
causing personal injury or property damage.
Any area of a street or public or private property where
a vehicular accident has occurred and from which a vehicle is removed
to prevent obstruction of traffic, which area will remain an accident
scene until the vehicle or vehicles are removed either under its/their
own power or by a properly licensed tow truck.
An individual, excluding a tow truck owner or operator, authorized
by the property owner to act on the property owner's behalf to
authorize a tow.
Any tow performed with the prior consent or actual or apparent
authorization of the owner, authorized agent or operator of the motor
vehicle, including but not limited to emergency situations and/or
when tows are made from private property.
Any person driving a tow truck within the enforcement jurisdiction
of the Town of Blooming Grove.
Any tow performed without the prior consent or authorizations
of the owner, authorized agent, or operator of the motor vehicle,
including but not limited to emergency situations and/or when tows
are made from private property. The Town of Blooming Grove Police
Department shall use the Town of Blooming Grove rotational tow list
to select a towing service for nonconsensual tows. Nonconsensual tows
include the storage of the damaged and/or disabled motor vehicle until
the owner, operator or authorized agent claims the vehicle from storage.
The control and direction of the use of a vehicle for towing
from places within the enforcement jurisdiction of the Town of Blooming
Grove.
A person or entity that controls, drives, or directs the
use of a vehicle for towing from places within the enforcement jurisdiction
of the Town of Blooming Grove.
A person owning, leasing, or controlling one or more tow
trucks and driving, operating or causing any such vehicle to be operated
within the enforcement jurisdiction of the Town of Blooming Grove.
An individual, firm, (co)partnership, unincorporated association,
corporation or other entity.
Any activity involving police officers on a roadway, road
shoulder, public property, or private property. Such activity may
also include the impounding of or towing of a motor vehicle.
To approach with a request or plea, to urge, to accost or
to try to obtain by asking.
A motor vehicle that tows or carries a damaged, disabled,
impounded, illegally parked or abandoned motor vehicle or a motor
vehicle involved in an accident, emergency, or other police activity
incident.
Any entity engaged in towing services which may be organized
under a firm, (co)partnership, limited-liability partnership, limited-liability
company, corporation, or other form of organization or business entity
or operating as a DBA, inclusive of the company owner(s), operator(s),
and driver(s).
The moving or removing of a damaged, disabled, impounded,
illegally parked or abandoned motor vehicle by another vehicle.
A.
It is hereby declared and found that delay in removal of damaged
and disabled motor vehicles from accident scene(s), police activity
scene(s) and/or other emergency scene(s) may result in congestion
of traffic and may cause additional accidents; that the slowing or
stopping of motor vehicle traffic on a highway can create safety risk(s)
and create a risk to the health, safety, and welfare of the residents
of the Town of Blooming Grove and the traveling public at large; and
that the towing of damaged and/or disabled motor vehicles from the
highways, streets and rights-of-way of the Town of Blooming Grove
is a matter affecting the public interest and safety, 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 excessive rates and similar abuses.
Once members of the Town of Blooming Grove Police Department arrive
at the scene of an accident, or other emergency or police activity,
that requires towing a motor vehicle, the Town of Blooming Grove Police
Department is responsible for maintaining and preserving safety of
that scene. This chapter gives them the authority to ensure and maintain
the safety at any scene.
B.
This chapter is enacted with the express consideration of public
safety needs and the needs of the Town of Blooming Grove Police Department,
responding members of service, Fire Department personnel, emergency
medical services, and towing personnel.
C.
It is the intent of this chapter to provide for the safety of the
motoring public and all police officers, firefighters, emergency medical
personnel and tow truck operators responding to or working at the
scene of a vehicle accident, emergency or other police activity on
any highway, street, roadway or right-of-way in the Town of Blooming
Grove; and to establish a fair and uniform policy for the towing of
motor vehicles from accident and other incident scenes inclusive of
the surrounding immediate area(s) where other motorists and members
of the public may be traveling, walking and/or standing.
D.
It is, therefore, the purpose and intent of this chapter to establish
an orderly system for the safe and expeditious removal of damaged,
disabled, impounded, illegally parked, or abandoned motor vehicles
from the streets, highways and rights-of-way and property in the Town
of Blooming Grove and to ensure that they are removed and towed safely
and quickly from the scene by towing services operating in the Town
of Blooming Grove consistent with statutory and decisional law.
A.
All tow truck companies shall comply with all applicable rules and regulations of the Federal Motor Carrier Safety Law, the New York State Vehicle and Traffic Law, the New York State Penal Law, the Regulations of the New York State Commissioner of Motor Vehicles, and the Town of Blooming Grove Town Code. Any failure to abide by the foregoing rules, regulations and statutory laws may result in suspension or removal from the Town of Blooming Grove rotational tow list and subject to the violation and penalties provisions as provided for in Article II (§ 218-11) of this chapter, in addition to any criminal and/or civil prosecution.
B.
Tow trucks are not emergency vehicles and cannot violate any section
of the New York State Vehicle and Traffic Law while being driven to
the scene of an accident, parked at the scene of an accident, or towing
a vehicle from an accident/incident scene, or other emergency, or
police activity, unless directed to do so by a police officer at the
scene of the accident.
C.
The provisions of this section shall apply to all tow trucks and
tow truck companies operating within the Town of Blooming Grove.
D.
Tow trucks operating in the Town of Blooming Grove may display colored
and flashing lights as prescribed by New York State Vehicle and Traffic
Law § 375(41). Tow trucks are hazard vehicles and, other
than statutorily required lights, tow trucks may display one or more
amber flashing lights while engaged in a hazardous operation. "Hazardous
operation" does not include responding to a call from any law enforcement
agency to provide tow services in the Town of Blooming Grove.
E.
No tow truck company or tow truck, other than the tow truck company
which has been called to an accident, emergency, or other police activity
scene by the Town of Blooming Grove Police Department from the Town's
rotational tow list, shall respond to the area of the event or park,
stop or stand within 1,500 feet of said event.
F.
Tow truck(s) that have been called to the scene by the Town Police
Department from the Town's rotational tow list or by the owner,
authorized agent or operator of the vehicle shall park as directed
by the Town of Blooming Grove police officers at the scene.
G.
All tow truck companies, drivers and operators who are removing a
wrecked or damaged vehicle from a highway shall remove any glass or
other injurious substance dropped upon the highway, in accordance
with the New York State Vehicle and Traffic Law § 1219(c).
A tow truck company called to the scene of a crash involving serious
injury or death, or where a police investigation is ongoing, shall
not remove or otherwise cause to be disturbed any debris or move or
reposition any vehicles until directed to do so by police personnel
at the scene.
H.
No tow truck operator or any person at an accident scene or other
scene shall solicit towing services, repair services or storage services
from any person involved or injured in the accident or at the scene
of any incident within the Town of Blooming Grove.
I.
All tow trucks shall comply with New York State Vehicle and Traffic
Law § 397, which provides that a person, not a police officer
or peace officer, acting pursuant to his special duties, who equips
a motor vehicle with a radio receiving set capable of receiving signals
on the frequencies allocated for police use by mounting such radio
in the tow truck or carries such portable radio also capable of receiving
transmission on radio frequencies on their person while operating
or riding in a tow truck is guilty of an unclassified misdemeanor,
punishable by a fine not exceeding $1,000.
A.
In order to provide for the safety of the motoring public, the safety
of all police officers, firefighters and emergency medical personnel
responding to or working at the scene of any vehicle accidents, or
police activity, or other emergency on any highway, road, parking
lot, public way, public or private property in the Town of Blooming
Grove, it is the intent of the Town Board of the Town of Blooming
Grove to establish a fair and equitable uniform policy for the nonconsensual
towing of vehicles from these scenes consistent with statutory and
decisional law.
B.
The Town of Blooming Grove, its citizens, members of service, and
business community will be best served should the rotational tow list
be provided with:
C.
The Town of Blooming Grove rotational tow list shall be utilized
by the Town of Blooming Grove Police for all nonconsensual tows and
for otherwise consensual tows which cannot be effectuated within 20
minutes from the time consensual tow services are requested by the
owner, operator, or authorized agent.
D.
As such, the Town of Blooming Grove shall set the criteria, requirements,
and minimum levels of experience among other conditions for a tow
company to be placed on the Town of Blooming Grove's rotational
tow list in order to protect the Town of Blooming Grove from liabilities
or legal actions commenced by the owner or person in control of the
motor vehicle which has been the subject of a nonconsensual tow. That
nonconsensual tow also includes the storage of the motor vehicle until
the owner or person in control of the motor vehicle can reclaim their
vehicle.
The Town of Blooming Grove requires that any tow truck company
applicant for participation and placement on the Town of Blooming
Grove rotational tow list shall meet the following standards:
A.
Each tow truck company shall have been in business for two years
under its current company name and shall have an established commercial
address; no PO boxes or office fronts shall be permitted at the time
of application submission to the Town of Blooming Grove Police Department.
B.
Each tow truck company may submit only one application for participation
and placement on the Town of Blooming Grove rotational tow list. All
tow truck companies organized as a limited-liability partnership,
limited-liability company, corporation or other form of organization
shall provide evidence of good standing with the NYS Department of
State, confirm the validity of the applicant's license and insurance
information, and avoid duplication of tow truck companies participating
and being placed on the Town of Blooming Grove rotational tow list.
Any tow truck company submitting an application to be on the rotational
tow list in the name of an entity shall identify the legal name of
the entity, proof of New York incorporation and shall identify the
principals and members of the entity. No entity having the same principals
or common membership with another tow truck company may submit an
application to be on the rotational tow list.
C.
The Town of Blooming Grove Police Department shall provide written
notice to an applicant of its approval to be on the rotational tow
list or the reason or reasons for denial of their application.
D.
The Town of Blooming Grove rotational tow list shall remain valid
and in effect until such time as the list is disbanded by action of
the Town of Blooming Grove Town Board.
E.
Each tow truck company application shall include the following information
to be provided to the Town of Blooming Grove Police Department:
(1)
USDOT or NYSDOT number.
(2)
Federal identification number.
(3)
New York State sales tax identification number.
(4)
Proof that there is in-place and maintained NYS workers' compensation
insurance.
(5)
All persons and entities having an ownership interest in the company.
(6)
A list of all tow truck(s) to be operated in the Town of Blooming
Grove together with a copy of valid inspection, NYS registration number(s)
and vehicle identification number(s) for each tow truck. All inspections
and registrations shall be kept current during all times of participation
and placement on the Town of Blooming Grove rotational tow list.
(7)
A list of all drivers who will be operating each tow truck, including
the driver's name, address, date of birth and copies of each
driver's license and driving abstract.
(8)
Any other information the Chief of Police or his/her designee determines
to be necessary regarding the applicant's background and suitability
for participation and placement on the Town of Blooming Grove rotational
tow list, including but not limited to its towing enforcement history,
credit worthiness and history of relevant business practices.
F.
Each tow truck company shall add the name(s) of any new operator(s) or driver(s) to their list of drivers supplied in § 218-5E(7) above and forward a copy via mail of the updated list to the Town of Blooming Grove Police Department within five business days of adding any such operator(s) or driver(s). Each tow truck company shall be responsible to maintain proof of mailing.
G.
Each tow truck company shall notify the Town of Blooming Grove Police Department, in writing, via mail to remove any driver's or operator's name from their list supplied in § 218-5E(7) above within 10 business days of a driver and/or operator no longer being employed by their company. Each tow truck company shall be responsible to maintain proof of mailing.
H.
Each tow truck company shall provide the Town of Blooming Grove Police
Department with a valid certificate of insurance naming the Town of
Blooming Grove as certificate holder and as the additional insured
with the following minimum coverage required:
(1)
Light-duty list:
(a)
General auto liability (personal injury and property damage
combined): $1,000,000 each occurrence.
(b)
Garage keepers liability (coverage for vehicles in vehicle storage
facility): $400,000 each occurrence.
(c)
On-hook direct primary (coverage when vehicle is being towed
or carried): $400,000 each occurrence.
(d)
Umbrella coverage: $1,000,000.
(2)
Heavy-duty list:
(a)
General auto liability (personal injury and property damage
combined): $1,000,000 each occurrence.
(b)
Garage keepers liability (coverage for vehicles in vehicle storage
facility): $750,000 each occurrence.
(c)
On-hook direct primary (coverage when vehicle is being towed
or carried): $750,000 each occurrence.
(d)
Umbrella coverage: $2,000,000.
I.
Each tow truck company on the Town of Blooming Grove rotational tow
list shall agree to defend, indemnify, and hold harmless the Town
of Blooming Grove from any claims or liabilities which may occur as
a result of performing service at the request of the Town of Blooming
Grove Police Department.
J.
All towing truck companies shall be in compliance with all applicable
zoning and building code requirements and shall be located within
the Town of Blooming Grove or within five driving miles of the Town
of Blooming Grove.
K.
All towing truck companies shall own, lease or sublease either a
lighted, fenced, and locked outdoor area or an indoor locked vehicle
storage facility in which to store towed vehicles. The facility shall
prevent unauthorized access to the towed/stored vehicles. The storage
facility shall be in compliance with all applicable zoning and building
code requirements and shall be located within the Town of Blooming
Grove or within five driving miles of the Town of Blooming Grove.
L.
The vehicle storage facility shall be under the control of the tow
truck company applicant and shall not be used by any other tow company.
Multiple tow truck companies may use the same storage location if
each tow company has an individually fenced, locked, controlled, and
separate storage area.
M.
Each tow truck company shall maintain all records required by this
chapter at their office or their vehicle storage facility. Each tow
truck company shall maintain copies of all New York State driver's
licenses with tow endorsements for all tow truck company driver(s)
as well as current valid registrations, inspections and insurance
cards for all tow trucks operated in the Town of Blooming Grove.
N.
All tow truck companies shall have staff available at the vehicle
storage facility or available by telephone for vehicle redemption
on Mondays through Fridays between the hours of 9:00 a.m. to 5:00
p.m. on regular business days. All tow truck companies may release
a vehicle from their storage facility during holidays or on weekends.
O.
Should a tow truck company not be available Mondays through Fridays
between the hours of 9:00 a.m. to 5:00 p.m. or on weekends and holidays
to release a vehicle, that towing company cannot charge for storage
to the vehicle owner or authorized agent in control of the vehicle
for those days.
P.
Tow truck companies shall list their charges for impound towing,
accident towing, winching, cleanup, and storage fees for light-duty
and heavy-duty tow lists, which lists shall be provided to the Town
of Blooming Grove Police during annual inspection(s) of each tow truck
company on the rotational tow list. Such submitted lists are a public
record and subject to release to the public under the Freedom of Information
Law.[1]
[1]
Editor's Note: See Public Officers Law § 84
et seq.
Q.
Tow truck companies shall accept at least two major credit cards,
one of which shall be a bank card and not restricted to cash-only
transactions. Tow truck companies shall have the ability to accept
payment at the scene of the tow.
R.
Any reports or complaints regarding excessive fees or additional
fees for towing services should be brought to the attention of the
Chief of Police or his/her designee.
S.
All tow truck companies placed on the Town of Blooming Grove's
rotational tow list shall make their facilities, vehicle storage areas
and equipment available for scheduled inspections by the Town of Blooming
Grove Police Department.
T.
In addition to scheduled inspections of tow truck company facilities,
the Town of Blooming Grove Police Department has the right to inspect,
at any time, all tow trucks operated by any tow truck company in the
Town of Blooming Grove, including but not limited to each tow truck's
insurance documentation, vehicle registration and any owner, operator,
or driver's license(s) with endorsements, at any time the tow
truck is being operated, stopped, standing, or parked on any roadway
in the Town of Blooming Grove.
U.
The placement of, or participation by, a tow truck company on the
Town of Blooming Grove's rotational tow list does not create
a property right or interest of the tow truck company in the rotational
tow list position. A tow truck company's position on the rotational
tow list is not transferable.
V.
Tow truck companies are not permitted to subcontract any tow call
to another tow truck company. Tow truck companies shall have their
own tow truck available and able to respond in order to fulfill a
request for service by the Town of Blooming Grove Police Department.
W.
Each tow truck company currently on the rotational tow list shall
reapply to the Town of Blooming Grove Police Department to continue
to participate on the rotational tow list:
(1)
Every year at the anniversary date of their initial application acceptance
and no later than October 31 of each year;
(2)
If there is a tow truck company transfer of 10% or more in company
ownership interests; and/or
(3)
If the company purchases, acquires or takes control of another tow
truck company whether or not such acquired tow truck company is currently
participating and/or placed on the Town of Blooming Grove rotational
tow list. Should a new tow company want to be considered to be placed
on the rotational tow list, that company shall file a full and complete
application with the Town Clerk's Office no later than October
31 of every year.
X.
The Chief of Police and/or his/her designee, in their discretion,
shall determine whether the application meets the requirements of
this chapter.
Y.
The Town Board, with input from the Chief of Police, shall, by resolution,
set the number of tow companies that are listed on the active rotational
tow list.
(1)
The number of tow companies to start the new rotational tow list
shall not exceed four companies initially and may be expanded, by
resolution of the Town Board, upon a request from the Chief of Police.
(2)
The numerical order for the rotational tow will be set by the Town
Board after the application period for the new rotational tow list
expires. A lottery may be used.
(3)
Should a vacancy occur, the Chief of Police is authorized to appoint
a replacement tow company subject to compliance with this chapter.
A.
To be qualified to respond to a call from the Town of Blooming Grove
Police Department, all tow truck companies, drivers and operators
shall be at least 18 years of age and shall comply with the following
requirements:
(1)
All tow truck operators and drivers shall have one year of verifiable
work experience in the operation of tow trucks and the towing of vehicles
with respect to light-duty rotational tows, and all tow truck operators
and drivers shall have three years of verifiable work experience in
the operation of tow trucks and the towing of vehicles with respect
to heavy-duty rotational tows.
(2)
With respect to the light-duty rotational tow list:
(a)
Each tow truck company on the light-duty list shall have a minimum
of two drivers available, either full-time or part-time, to respond
with a tow truck and/or flatbed truck when necessary.
(b)
Each tow truck operator and driver shall maintain a valid license
with applicable tow endorsements for the classification of tow truck
or vehicle being driven or operated at an accident, emergency, or
other police activity scene.
(3)
With respect to the heavy-duty rotational tow list:
(a)
Each tow truck company on the heavy-duty list shall have a minimum
of two drivers available, either full-time or part-time, to respond
with tow trucks and/or support vehicle when necessary.
(b)
Each tow truck operator and driver shall maintain a valid CDL-A
license with applicable tow endorsements for the classification of
tow truck or vehicle being driven or operated at an accident, emergency,
or other police activity scene.
(c)
All heavy-duty tows shall have available at least one rotator
tow truck on call and serviceable at all times of day.
(4)
The Town of Blooming Grove Police Department reserves the right to
require or conduct criminal background checks on any tow truck company
applicant or tow truck company owner, driver or operator placed on
the Town of Blooming Grove Police rotational tow list at any time.
B.
All tow truck operators, drivers, and towing companies called to
the scene of an accident shall, in accordance with the New York State
Vehicle and Traffic Law § 1219(c), at the scene, sweep away
or clean up any nonhazardous debris, provided that he is furnished
with police protection against moving vehicles at the scene. There
shall be no charge by the towing company for the normal cleanup of
debris resulting from the accident. The towing company shall be able
to charge their hourly shop rate, per employee at the scene, for any
cleanup over 30 minutes, such as the removal of cargo from a vehicle
or roadway.
C.
Duties and responsibilities of towing companies and tow operators:
(1)
It shall be unlawful for any person to service a motor vehicle at
or removed from the scene of an accident where the police officer
requires or requests that an examination be made of the damaged vehicles
to determine whether the vehicle was defective or where the police
officer requires photographs or diagrams of the vehicle or scene.
(2)
It shall be unlawful for any tow company or tow operator to move,
remove, or tow away any motor vehicle involved in an accident without
first notifying the Town of Blooming Grove Police of the motor vehicle
accident and obtaining their approval to move or remove said vehicle
involved in any such accident.
(3)
Failure to maintain good standing as a New York State licensed repair
shop will result in being suspended from the tow list until the shop
returns to good standing.
A.
All tow truck companies participating and placed on the Town of Blooming
Grove rotational tow list shall comply with all applicable New York
State and federal laws and regulations governing equipment requirements,
and shall further comply with the following.
B.
Light-duty list for towing vehicles up to 9,999 pounds.
(1)
Light-duty list tow truck companies shall have the following equipment:
(a)
A minimum of one tow truck with a minimum 6,000-pound lifting
boom on the rear of the truck and a 6,000-pound power winch equipped
with a minimum of 75 feet of three-eighths-inch wire or synthetic
rope. Tow trucks shall have a gross vehicle weight rating (GVWR) over
10,000 pounds; and
(b)
A flatbed truck with a minimum gross vehicle weight rating (GVWR)
of at least 15,000 pounds with at least 50 feet of three-eighths-inch
wire or synthetic rope.
(2)
All trucks are to be equipped with:
(a)
A broom.
(b)
A shovel.
(c)
A can and/or bags to remove debris from the site.
(d)
Speedi dry or equivalent oil absorbent product.
(e)
Minimum Grade 7 recovery chains, straps, and safety chains.
(f)
Minimum one snatch block per wire or synthetic rope line.
(g)
Warning lights or strobes visible 360° that comply with
New York State law, specifically NYS Vehicle and Traffic Law § 375-41(3),
Colored and Flashing Lights.
(h)
Auxiliary mounted rear tail and stop lights.
(i)
A charged and working fire extinguisher, CO-2 or dry-powder
fire extinguisher with a minimum capacity of five pounds.
(j)
A carton containing at least one dozen red railroad-type flares.
(k)
Reflective vests.
C.
Heavy-duty for towing vehicles 10,000 pounds and over.
(1)
Heavy-duty list towing companies shall have the following equipment.
(2)
Tow trucks with tow and recovery capacities for Class 3 through Class
8 vehicles. All trucks are to be equipped with:
(a)
A broom.
(b)
A shovel.
(c)
A can and/or bags to remove debris from the site.
(d)
Speedi dry or equivalent oil absorbent product.
(e)
Minimum Grade 7 recovery chains, straps, and safety chains.
(f)
Minimum one snatch block per wire or synthetic rope line.
(g)
Warning lights or strobes visible 360° that comply with
New York State law, specifically NYS Vehicle and Traffic Law § 375-41(3),
Colored and Flashing Lights.
(h)
Auxiliary mounted rear tail and stop lights.
(i)
A charged and working fire extinguisher, CO-2 or dry-powder
fire extinguisher with a minimum capacity of five pounds.
(j)
A carton containing at least one dozen red railroad-type flares.
(k)
Reflective vests.
D.
All tow truck companies shall have their tow trucks and flatbeds
permanently lettered with the tow company name and shall display their
NYSDOT and USDOT numbers for such company. Tow trucks may not have
more than one company name listed thereon to be eligible to be placed
on the Town of Blooming Grove rotational tow list. The full business
name lettered on the tow truck shall match the tow truck company name,
as approved by the Town of Blooming Grove Police Department at the
time of application to be placed on the rotational tow list.
E.
The Blooming Grove Police Department shall keep two separate and
independent tow lists. The first list will be the "light-duty list,"
for all vehicles with a gross vehicle weight rating or actual weight
under 10,000 pounds. The second list, which shall be known as the
"heavy-duty list," shall be for all vehicles with an actual or registered
weight of 10,000 pounds or more.
A.
The Town of Blooming Grove Police Department shall maintain two rotational
tow lists as follows:
B.
The Town of Blooming Grove Police Department shall contact tow truck
companies in the following priority:
(1)
For consensual tows, the tow truck company requested by the owner,
operator or authorized agent shall be contacted by the Town Police.
The Town police officers at the scene may in their discretion call
a tow truck company from the rotational tow list should the requested
tow truck company be unable to respond to the scene within 20 minutes.
(2)
For nonconsensual tows, if the owner, operator, or authorized agent
has no preference or is unable to consent to a tow truck company being
utilized, the Police Department shall contact the next tow truck company
on the rotational tow list to respond to the scene.
(3)
If the Town police officer at the scene determines in his/her discretion
that there is imminent danger to public safety, the tow truck company
from the rotational tow list with the shortest response time may be
utilized and respond to the scene.
(4)
Subcontracting is not allowed.
(5)
In the event of a multivehicle accident scene, where more than one
tow truck is determined to be needed by the Town police officer at
the scene and the appropriate tow truck company is unable to accommodate
all necessary tows, the Town of Blooming Grove Police Department dispatch
will make additional calls to tow truck companies on the rotational
tow list in order, and once a tow truck company has responded to a
call, or failed to respond, the company shall be marked accordingly
in the dispatch log, and the next company on the list will be contacted
and utilized.
C.
Response time Monday through Friday, 7:00 a.m. to 6:00 p.m., shall
be 20 minutes, weather permitting. All other hours, the response time
shall be 30 minutes, weather permitting.
D.
The Town of Blooming Grove Police Department's dispatch, when
in service, shall maintain a log of all rotational tow list requests
to tow truck companies for tow services. The log shall include the
name of the tow truck company, the time the dispatch call was made
and whether the company responded. Upon the tow truck company's
arrival at the scene, the Town police officer at the scene shall advise
dispatch of the tow truck's arrival. The arrival time shall then
be noted on the rotational tow list log.
E.
In the case of nonconsensual tows, evidence vehicles or police-impounded vehicles, when directed by a Town of Blooming Grove police officer, shall be towed to the police evidence vehicle storage area or the police impound vehicle storage area. Should the vehicle, other than identified as above [evidence or police impound - Subsection E(1) and (2) below] in a nonconsensual tow [Subsection E(3) below], the vehicle should be towed to a New York State registered repair shop or New York State registered autobody shop, or to the tow company's own vehicle storage facility, or such other location as designated by the owner, operator, or authorized agent of the vehicle. In the case that the owner, operator, or authorized agent of the vehicle wants the vehicle towed to a location other than as noted above, the tow truck operator shall tow the vehicle to the location requested. The tow truck operator/driver is then entitled to be paid for the tow of the vehicle, to the owner's requested location, at the time the vehicle is dropped off the tow truck.
(1)
Nonconsensual towing: evidence vehicle(s) at the direction of our
Police Department to the evidence vehicle area at our police station.
(2)
Nonconsensual towing: impounded vehicle(s) at the direction of our
Police Department to the impounded vehicle area (2741 NYS Route 94
within the Town) and/or at the Town of Blooming Grove Police Station
(2 Horton Road within the Town).
F.
Tow truck companies placed on the Town of Blooming Grove rotational
tow list shall provide one permanent day and/or night telephone number
to be utilized by the Town of Blooming Grove Police Department when
calling the company to respond to an accident, emergency, or other
police activity scene.
(1)
If a tow truck company on the rotational tow list failed to respond,
is not available, or refuses to respond, the Town of Blooming Grove
Police Department will reflect same in its dispatch records and the
next tow truck company on the rotational tow list will be called to
respond to the scene.
G.
Any tow truck company listed on the Town's rotational tow list that refuses calls by the Town of Blooming Grove Police Department from the rotational tow list or fails to answer calls from the Police Department are subject to the violations and penalties set forth in § 218-11 of this chapter.
H.
No tow truck company, tow truck owner, or tow truck operator may
equip their tow truck, or allow it to be equipped, with a radio receiving
set capable of receiving signals on the frequencies allocated for
police use.
(1)
Police officers who find any tow truck equipped with a radio receiving
set capable of receiving signals on the frequencies allocated for
police use (mounted in the vehicle or carried as a portable radio
by an occupant of the tow truck) may, if applicable, charge the operator
of said tow truck with a violation of New York State Vehicle and Traffic
Law § 397, a misdemeanor.
(2)
The processing of any evidence following the arrest shall follow
the current procedures in the Town of Blooming Grove Police Department,
including the logging in and holding of any evidence supporting the
charge.
I.
Each towing company responding to a call for service must supply
the owner/operator of the vehicle who is at the scene with a card
containing the tow firm's business name, address, telephone number,
hours of operation, a written estimate of the expected charges and
the accepted manner of payment.
J.
Each towing company responding to a call for service shall provide
a copy of the invoice generated to the Police Department within 30
days of the call. In addition, upon request of the Chief of Police,
each towing firm shall make available copies of any tow, storage,
or invoice generated as a result of service calls.
K.
An annual rotational tow list to operate a towing business in the
Town of Blooming Grove shall be determined by resolution of the Town
Board upon a public hearing duly noticed not less than five days prior
and may be modified from time to time in the same manner.
L.
Access to personal property on or inside a vehicle, which has been
towed and is stored by the towing company, will be permitted with
the prior approval of the Town of Blooming Grove Police during normal
business hours. A towing company shall not withhold personal property
or access thereto in order to obtain satisfaction of towing or impound
fees.
A.
Town of Blooming Grove police officers at the scene of accidents,
emergencies or other incidents may periodically inspect tow truck
company registration, insurance, inspection, and license documentation
to ensure its validity and compliance with federal and state regulations.
B.
The Town Police Department shall schedule annual inspections of the
tow truck companies placed on the Town of Blooming Grove rotational
tow list including their vehicle storage facility and all the vehicles
operated by the tow truck company in the Town of Blooming Grove. The
date of said annual inspection shall be as close as possible to the
date the application was submitted for the ensuing year and to be
made prior to the creation of the ensuing year's rotational tow
list.
C.
Annual inspections shall be scheduled with the tow truck company
owner(s) at least two weeks in advance of the inspection date, whenever
possible.
D.
During annual inspections, Town police officers will inspect and
review each tow truck and its NYS registration, NYS inspection, and
insurance documentation and the secured storage area required by this
chapter.
E.
If the Town police officer determines there are deficiencies or violations
of this chapter during the initial inspection, the police officer
will advise the tow company of the violation or deficiencies before
leaving the inspection. The police officer shall reinspect the tow
truck company, its documentation and/or the secure storage area, as
may be applicable, within two weeks to ensure that any noted deficiencies
or violations have been remedied.
F.
If the deficiencies or violations have not been remedied by the tow truck company upon reinspection, the matter may be dealt with as provided for in § 218-10, Penalties for offenses, set forth below.
G.
Within 10 days of the completion of the annual inspection, the Town
of Blooming Grove Sergeant or police officer conducting the inspection/reinspection
shall notify the Town of Blooming Grove Comptroller's Office,
on a form provided by the Comptroller's Office, of the fees/inspection/reinspection
and completion. The Town of Blooming Grove Office of the Comptroller
shall bill the towing company for the inspection and reinspection.
H.
Annual fees will be paid to the Town of Blooming Grove by the tow
truck company.
(1)
The first such payment will be attached to the application for a
position on the Town's rotational tow list; thereafter, on the
anniversary date of the acceptance of their application or the annual
inspection to be on the Town's rotational tow list. Payment is
due upon receiving an invoice from the Town of Blooming Grove Comptroller's
Office, in the following fee schedule:
(2)
These fees are to cover the costs to the Town of Blooming Grove for
the use of our police officers to do the required inspections and
personnel checks of the tow companies on the Town's rotational
tow list.
I.
Failure to pay any fees within 30 days of the invoice date will result
in the immediate suspension of the towing agency from the rotational
tow list.
J.
A tow truck company may have its suspension lifted due to nonpayment
of fee(s), after the company pays the original fee (as noted above),
plus any reinspection fees, plus a late payment charge to be paid
in full to the Town of Blooming Grove. These fees shall be paid within
30 days, or the tow company will be removed from the rotational tow
list and a full application process and application fees will be required.
(1)
Late payment fees will be in a fee schedule maintained in the Town,
which fees may be amended from time to time by resolution.
K.
The amount of the annual fees shall be determined and set by the
Town of Blooming Grove Town Board at their annual reorganizational
meeting. If the Town of Blooming Grove Town Board does not make any
change(s) to the annual fees at their annual reorganization Town Board
meeting, the current fee schedule remains in full force and effect.
A.
Any person who shall resist or obstruct any police officer, authorized
officer, agent, or employees of the Town of Blooming Grove in the
enforcement of the provisions of this chapter may be charged under
the appropriate section of the New York State Penal Law.
B.
The tow company or the tow truck driver, for violations of this chapter,
upon conviction, may be subject to a fine no less than $350 and not
to exceed $1,000, for each violation, which shall constitute a separate
offense within the meaning of this chapter.
C.
Further, all tow truck companies shall comply with all applicable
rules and regulations of the Federal Motor Carrier Safety Law, the
New York State Vehicle and Traffic Law, the New York State Penal Law,
the Regulations of the New York State Commissioner of Motor Vehicles,
and the Town of Blooming Grove Town Code. A tow truck company's
failure to abide by the foregoing rules, regulations and statutory
laws may result in suspension or removal from the Town of Blooming
Grove rotational tow list if it is a listed company and shall be subject
to the violation and penalties set forth in this section, in addition
to any criminal and/or civil prosecution.
D.
The Town of Blooming Grove Police Department and any other law enforcement
officer with proper jurisdiction are authorized to issue appearance
tickets, as defined in New York State Criminal Procedure Law § 150.10,
for violations of this chapter.
A.
The Chief of Police or his/her designees are charged with ensuring
compliance with this chapter.
B.
A tow truck company's placement on the Town of Blooming Grove
rotational tow list may be suspended or revoked if the company or
its driver(s) or operator(s) violate any federal, New York State,
or local law, ordinance, rule, or regulation regarding the operation
of the towing business or the fitness to conduct such business.
C.
For an administrative violation of this chapter, the Town of Blooming Grove Police Department shall issue written notice to the tow truck company containing a statement of the manner in which the company or its driver(s) and operator(s) are in violation of this chapter, and the penalty under § 218-10 for violation(s). The company or its driver(s) or operator(s) will be offered an opportunity to be heard.
(1)
Grounds for suspension. No license issued under this chapter shall
be suspended or revoked without cause. Cause shall include, but shall
not be limited to:
(a)
Failure to properly maintain vehicle and/or equipment, both
physically and/or mechanically, pursuant to the requirements of this
chapter.
(b)
Failure of towing company to answer a telephone call for assistance
or who advises that he/she is unable to send a tow for any reason.
(c)
A towing company who fails to arrive at the designated location
where assistance is requested within the time frames established herein.
(d)
Violation of any provision of this chapter.
(2)
Grounds for revocation. No license issued under this chapter shall
be revoked without cause. Cause shall include, but shall not be limited
to:
(a)
Knowingly filing a false application.
(b)
Any arrest or conviction of a towing company for a criminal
offense committed by such person during or in relation to towing operations.
(c)
Any towing company who operates any tow vehicle with a suspended
registration.
(d)
The suspension or revocation of an operator's New York
State driver's license by the New York State Department of Motor
Vehicles.
(e)
Operation of a tow truck without the insurance required by this
chapter, for illegal purposes, or in violation of the law.
(f)
Repeated violations of this chapter. As intended herein, "repeated
violations" shall include four suspensions issued within one calendar
year.
D.
Term of suspension or revocation. The suspension of a license by
the Chief of Police or his designated agent shall result in the forfeiture
of the towing company's place on the towing roster for the remainder
of that week and the next full on-call week, running from the date
of the service of the notice upon the license holder. Three such violations
in one calendar year shall result in the towing company being suspended,
without a hearing, from the rotating list, including the heavy-duty
list, for the remainder of the week in which the suspension is issued
and the next three successive full on-call weeks. If the suspension
or revocation is the result of towing company's failure to properly
maintain vehicles and/or equipment, until such time as the towing
company cures the defect.
E.
Review of suspension or revocation. Within two business days of receiving
the notice, the towing company may request a meeting with the Chief
of Police to discuss said suspension or revocation and to offer any
evidence to refute the charges. Said request shall be in writing,
and the aforementioned meeting shall be held within five business
days of receipt thereof. If the Chief is unavailable, the meeting
may be delegated to the Chief's designated agent. The suspension
or revocation shall be deferred until such meeting has occurred and
the Chief of Police has rendered a written final determination as
to whether to uphold, modify or withdraw the suspension or revocation.
Such final determination shall be rendered no later than five business
days from the date of the meeting. Unless withdrawn, the suspension
or revocation shall be enforced immediately. A towing company's
failure to request a meeting or appear at said meeting shall constitute
a waiver of the towing company's right to contest the suspension
or revocation.
F.
Opportunity to be heard by the Town Board. Within five business days
of the Chief of Police's final determination as set forth above,
the towing company may request an opportunity to be heard before the
Town Board and shall be placed on the agenda of the next scheduled
Town Board meeting. The suspension or revocation shall be deferred
until such time that towing company can be heard by the Town Board.
The Town Board may request the Chief of Police or his designated agent
to appear at that meeting. Upon consideration of the matter, but no
later than 15 business days after the towing company has appeared,
the Town Board shall render a final decision whether to uphold, modify
or lift the suspension or revocation.
G.
No refund of fees. When a license shall be suspended or revoked,
no refund of any unearned portion of the license fee shall be made.
H.
Any towing company aggrieved by a decision of the Town Board pursuant
to this chapter may apply to a court of competent jurisdiction for
relief. Such proceeding shall be governed by the provisions of Article
78 of the Civil Practice Law and Rules, except that it shall be instituted
as therein provided within 30 days after service of the Town Board's
decision on the towing company alleged to be aggrieved.
I.
The list of any administrative violations on the record of any tow
company listed on the Town's rotational tow list shall be removed,
starting with the date of the third annual reapplication/inspection
of that tow company, after the last violation date, only if there
have been no subsequent violations. The intent here is that no administrative
violation and penalty should be permanent. They should be removed
after three years unless there are more violations committed during
that time period. Should a tow company or tow truck driver have a
history of multiple administrative violations, they will be removed
from their record after three years without another violation.
This chapter shall take effect upon filing with the Department
of State and when effective will supersede and replace all current
tow list laws and policies.
