A.
It is the purpose and intent of this chapter to establish an orderly
system for the safe and expeditious removal of disabled motor vehicles
from the streets of the City of Buffalo, to supervise and control
the operation of towing businesses that are granted permission to
tow for the Police Department or the Division of Parking Enforcement,
and to remove and dispose of vehicles abandoned on streets located
in the City of Buffalo.
B.
The provisions of this chapter shall not prohibit the driver or owner
of a vehicle which needs towing service from contracting with any
towing company of his or her own choice, provided that:
(1)
The vehicle is not being towed by police order pursuant to an arrest
or a violation of law or statute or for police investigation; and
(2)
The towing service contracted with has the ability to, and actually
does, respond within a reasonable period of time, as determined by
the police officer in charge at the scene, taking into consideration
traffic conditions and the safety and well-being of those affected
by the situation.
C.
Services, such as collision or repair work, provided by an authorized
City tower not specifically covered by this chapter shall not be regulated
by the City of Buffalo and will be based solely on the contract which
exists between the towing company and the driver/owner of the vehicle.
As used in this article, the following terms shall have the
meanings indicated:
A vehicle as defined in § 1224 of the Vehicle and
Traffic Law of the State of New York.
Any incident or occurrence in which one or more motor vehicles
come in contact with each other or any other object, thereby causing
damage to or disabling a motor vehicle.
A towing company which has been approved by the Police Department,
the Division of Parking Enforcement and the Department of Permit and
Inspection Services to tow vehicles on behalf of the City of Buffalo.
An invoice approval by the Department of Permit and Inspection
Services which contains:
A specially equipped vehicle designed for the towing or pushing
of disabled vehicles and which is:
A person who operates or drives or is in actual physical
control of an authorized tow truck and whose license authorizes such
person to operate said tow truck pursuant to the terms and conditions
of § 501 of the Vehicle and Traffic Law.
An authorized tow truck having a winch and which is capable
of lifting a motor vehicle having a minimum gross vehicle weight rating
(GVWR) of 10,000 pounds.
A document signed by the Commissioner of Permit and Inspection
Services authorizing a towing company to provide service for the City
of Buffalo Police Department and which:
Is biennially renewable.
Specifies all the terms an authorized City tower must abide
by.
May be rescinded by either party upon giving the other party
24 hours' prior written notice.
May be suspended by the City without prior written notice pending
a hearing to determine whether there is sufficient cause to revoke
such letter.
The moving or removing of disabled, illegally parked or abandoned
motor vehicles or motor vehicles involved in accidents by another
motor vehicle, for which there is direct or indirect compensation.
The Police Department or the Division of Parking Enforcement
may direct the removal of vehicles in the following circumstances:
A.
When any vehicle is parked or abandoned on any highway within the
City during a snowstorm, flood, fire or other public emergency which
affects that portion of the public highway upon which said vehicle
is parked or abandoned.
B.
When any vehicle is found or for any reason disabled on any highway
within the City where said vehicle constitutes an obstruction to traffic.
C.
When any vehicle is parked or abandoned on any highway within the
City where stopping, standing or parking is prohibited.
D.
When any vehicle is disabled and rendered inoperable for any reason
upon a public highway or right-of-way.
E.
When any vehicle is parked on private property without the consent
of the owner of such property.
F.
When the driver of such vehicle has been arrested and taken into
custody and the vehicle must be removed from the public highway or
from private property other than the driver's, or when the vehicle
must be removed to ensure the safety of the vehicle and its contents.
No towing company shall be allowed to tow vehicles on behalf
of the City of Buffalo unless and until it has been approved by the
Department of Permit and Inspection Services and the Police Department
as an authorized City tower in accordance with this chapter. The Division
of Parking Enforcement may also contract with towing companies as
needed to further the duties of the Division.
The Department of Permit and Inspection Services is hereby authorized
to:
A.
Receive and review any and all applications filed with the City by
towing companies for permission to be designated as authorized City
towers.
B.
Solicit the input of the Police Department as to which towing companies
should be designated as authorized City towers.
C.
Determine, in cooperation with the Division of Parking Enforcement,
the policy and procedure for all items pertaining to the towing of
vehicles on behalf of the City of Buffalo which are not addressed
in other sections of this chapter.
A.
An application for a letter of authorization shall be made upon forms
made available by the Department of Permit and Inspection Services.
Such application shall include the following information:
(1)
The name, address and telephone number of the business.
(2)
The name of the owner of the business, his address and telephone
number.
(3)
The name, address and telephone number of the contact person at the
business.
(4)
The location and size of the storage area, along with the location
and size of any alternate or additional storage areas.
(5)
The hours the storage area is supervised.
(6)
The height and type of construction of fence surrounding the storage
area.
(7)
A description of the trucks and the owners' names (including
year, make, model, vehicle identification number and New York State
registration number).
(8)
The number and types of trucks available for towing.
(9)
The number, names, addresses and dates of birth of drivers available
for tow trucks.
(10)
The flatbeds available.
(11)
The dollies available.
(12)
A certificate of insurance for liability/property/personal injury
damage showing thereon limits of insurance, as prescribed by the Corporation
Counsel.
(13)
Visa Card and MasterCard contracts (copies).
(14)
References.
(15)
A resume of business/towing experience and training.
(16)
Permission for the Buffalo Police Department to conduct a fingerprint
criminal history record investigation of the owner(s) and driver(s).
Waivers will be signed by each owner and driver. Such fingerprints
will be forwarded to the Division of Criminal Justice Services (DCJS)
along with the appropriate processing fee. All processing fees are
to be paid by the applicant, and the only authorized method of payment
will be a United States Postal or American Express money order made
out to the Division of Criminal Justice Services. Authorization as
a City tower may not be granted to an owner or driver convicted of
any felony, any offense relating to the theft or dismantling of motor
vehicles, insurance fraud or sex offenses or any series of convictions
for traffic offenses that would indicate a pattern of disregard for
vehicle safety.
(17)
Permission shall be granted by the applicant for an unannounced
on-site inspection of the applicant's premises by the Police
Department.
(18)
An affidavit attesting that either the applicant has no criminal
background or the applicant's complete criminal history has been
disclosed to the Department of Permit and Inspection Services.
B.
Term of letter of authorization.
(1)
If a towing company is designated as an authorized City tower, such
firm will be issued a letter of authorization, which will expire two
years from the first day of April in the year in which it was issued.
Reissuance of such letter of authorization will be based on the past
performance of said towing company and on continued compliance with
all the provisions of this chapter.
(2)
The letter of authorization represents an agreement to provide towing
service to the City of Buffalo for two years. The Department of Permit
and Inspection Services may renew this letter biennially without requiring
a new application, or may decline to renew the letter of authorization
at the Director's discretion based on complaints about the towing
company, noncompliance with this chapter or the desire to reduce the
number of authorized City towers.
(3)
Nothing in this chapter shall prohibit a towing company from reapplying
for designation as an authorized City tower.
C.
In the event any of the information required by the application should
change, the applicant must notify the Department of Permit and Inspection
Services and advise them of such change. It is the responsibility
of the towing company to keep all information on file up-to-date.
A.
To qualify as an authorized City tower, each tow truck shall remit a biennial license fee as set forth in Chapter 175, Fees, to the City per zone.
B.
(Reserved)
C.
Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee as set forth in Chapter 175, Fees, to the City per zone.
D.
(Reserved)
E.
The letter of authorization shall not be transferable and the registration
fee shall not be prorated.
F.
The registration fee shall be due upon issuance or reissuance of
the letter of authorization and shall expire on the second April 1
following the date of issuance.
A.
A towing company must meet the following minimum requirements before
it will be considered as an authorized City tower:
(1)
The applicant's towing company, tow trucks and drivers must
be equipped and licensed in accordance with this chapter.
(2)
All of the requirements of this chapter must be successfully met,
an approved application must be received and all information and data
contained therein must be verified by the Department of Permit and
Inspection Services.
(3)
The proper and necessary insurance certificates must be obtained
and submitted to the Department of Permit and Inspection Services.
(4)
The applicant must own or lease a facility that complies with the provision of § 454-19 of this chapter.
(5)
The facility and property must be at a location that is zoned properly
for such type of business and must comply with all laws of the City,
the County of Erie and the State of New York.
B.
An authorized City tower must also meet the following requirements:
(1)
The City tower must provide rapid service, which means the tower
must respond within 30 minutes.
(3)
There must be a building or other acceptable office facility on the
storage site.
(4)
The office shall be staffed, at the minimum, at the following times:
Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either Saturdays
or Sundays from 9:00 a.m. to 12:00 p.m. The telephone number(s) for
twenty-four-hour retrieval must be posted in a conspicuous place on
the storage site.
(5)
The City tower must utilize an authorized invoice containing the
address, phone numbers and fee schedule of the authorized City tower.
(6)
The City tower must maintain at least two tow trucks per zone.
(7)
Vehicles shall be subject to periodic inspection by the Police Department
and/or the Department of Permit and Inspection Services.
(9)
The City tower shall be authorized to take vehicles only to a predesignated
area, unless authorized emergency storage is ordered by the Police
Department or the Division of Parking Enforcement, if the owner or
operator of such vehicle does not identify an alternate storage location.
(10)
The towed vehicle must be towed only by the assigned authorized
City tower. No surrogates are allowed unless specifically authorized
by the Police Department or the Division of Parking Enforcement.
C.
An authorized City tower shall, as a condition to being designated
as an authorized City tower, agree to accept and abide by all of the
terms of this chapter.
Authorized tow trucks shall have the following minimum equipment
on board at all times:
A.
Amber lights, as defined in § 375, Subdivision 41, Subdivision
3 of the Vehicle and Traffic Law of the State of New York.
B.
A carbon dioxide or dry powder fire extinguisher with a minimum capacity
of 10 pounds.
C.
One dozen red railroad-type flares (30 minutes).
D.
A safety chain.
E.
A shovel.
F.
A broom.
G.
A commercially manufactured rigid tow bar with slings or a commercially
manufactured wheel lift.
H.
A dolly with wheels.
I.
One pair of chains eight feet in length with J hooks and T hooks
attached.
J.
A tow block (may use a four-foot piece of a wooded four-by-four,
if no wheel lift is available).
K.
Scotch blocks.
L.
A trailer for motorcycles, all-terrain vehicles, snowmobiles. (A
flatbed would satisfy this requirement.)
M.
Trucks must be clearly marked with the name, address and telephone
number of the towing company in at least two-inch letters on both
doors of the truck.
N.
Work lights directed to the rear of the vehicle to illuminate the
area behind the tow truck.
O.
If the City requires two-way radio communication, authorized City
towers will equip all their trucks at their own expense with designated
radio equipment as specified by the Fire Department.
A.
Any vehicle removed by an authorized City tower shall be stored in
a lot enclosed by a chain-link or stockade fence at least six feet
in height. This fence must be maintained in good repair with no breaks
or open areas. Vehicles may be stored in an enclosed building in lieu
of a fenced lot.
B.
Exterior lighting of the vehicle storage area shall be required and
shall be directed towards the vehicle storage area in a manner that
is sufficient to light the entire area to allow all of the vehicles
to be clearly seen during the hours of darkness. The lighting must
not reflect or glare into adjoining residences or businesses. Lighting
must be operational during the hours of darkness and must be kept
in good working condition.
C.
The minimum storage capacity on the actual site of the business must
be no less than 10 vehicles. The authorized City tower must have alternate
temporary storage available to him for an additional 10 vehicles;
such temporary storage must be approved by the Department of Permit
and Inspection Services and must be in a fenced and secure area.
D.
Any actual or suspected tampering with towed vehicles or any theft
must be reported to the Police Department within 24 hours of the incident.
E.
The City will assume ownership of all abandoned vehicles pursuant
to § 1224 of the Vehicle and Traffic Law of the State of
New York.
F.
Upon obtaining ownership of abandoned vehicles, said vehicles will
be disposed of in accordance with § 1224 of the Vehicle
and Traffic Law of the State of New York. The tower may be directed
to deliver such abandoned vehicles to a designated site. The tower
will then be paid for such towing by City voucher. No storage charges
will be paid by the City for abandoned vehicles.
G.
The maximum fees to be paid by the City for any abandoned vehicle
impounded and disposed of by the City shall be $50.
H.
In no case will the amount paid to the tower exceed the salvage fee
or any other payment the City has received.
I.
Towers must establish contact in a timely manner with the registered
owner of a vehicle and inform them where the vehicle is being stored
in the event the owner or a responsible party is not present at the
scene of the tow. Information on storage rates should also be conveyed
at that time.
A.
The authorized City tower shall, without delay, report to the Police
Department 911 Lieutenant at (716) 851-4549 the removal and disposition
of any vehicle as provided for in this chapter.
B.
Towers shall keep accurate and orderly records of all vehicles towed,
in a manner prescribed by the Division of Parking Enforcement.
The Division of Parking Enforcement will establish procedures
and shall disseminate standardized forms to be used for releasing
all impounded vehicles.
Any vehicle towed pursuant to this chapter or otherwise caused
to be towed by the City which shall become an abandoned vehicle may
be converted to City use pursuant to § 1224, Subdivision
6, of the Vehicle and Traffic Law of the State of New York.
A.
The Police Department is hereby empowered to establish tow zones
within 60 days from the effective date of this chapter. These zones
should be designed to ensure the best towing coverage, dispatch efficiency,
response time and convenience for drivers claiming their vehicles.
Once these zones are established, only that tower assigned to that
zone will be allowed to tow vehicles within that zone. Authorized
City towers will be dispatched from a list designated for that zone
on a rotational basis. The Police Department may amend the zones as
required by circumstances.
B.
During any highway emergency, such as snowstorms, floods, etc., the
Police Department may suspend the boundary lines of these zones for
the purpose of more efficient vehicle removal. The Police Department
may not suspend these boundary lines for more than 10 consecutive
days without authorization from the Common Council.
C.
The Police Department shall retain the discretion to determine whether
a tower is qualified to perform any particular tow at the scene of
such tow.
Authorized City towers shall not charge more than the following
rates for the following respective services:
A.
Storage area and tow trucks. Upon receipt of a properly completed
application, the Department of Permit and Inspection Services shall
direct the application to be reviewed and an on-site inspection of
the storage area and tow truck(s) to be conducted by the Division,
the Police Department and the Fire Department to determine if the
requirements as set forth in this chapter are met. Within a reasonable
time after completion of the review and inspection, the Police Department
and the Fire Department shall either recommend approval or denial
of the application to the Director of Permit and Inspection Services.
B.
Periodic inspections. The Police Department will make annual on-site
inspections of each tower's operating base and storage area.
During this inspection, all required records, forms, tow trucks, storage
areas, lighting, security, tow truck equipment, etc., is subject to
inspection. The Department of Permit and Inspection Services and the
Fire Department will also provide inspections to ensure compliance
with applicable state and local codes. The result of any inspection
will be made part of the towing company's permanent file.
C.
Compliance. Towers will have 15 days to bring any deficiency noted
during an inspection into compliance with the provisions of this chapter.
Failure to do so will be grounds for cancellation of the letter of
authorization.
An authorized City tower shall provide copies of any receipts
to the Department of Permit and Inspection Services on a monthly basis.
This will be accomplished by providing the Division with copies of
these receipts no later than the fourth day of every month. These
receipts shall reflect all towing work done for the Police Department
and/or the Division of Parking Enforcement during the previous month.
An authorized City tower may be removed from service by Police
Department and/or the Division of Parking Enforcement via the process
of rescinding the letter of authorization prior to the annual expiration
date for violating the provisions of the letter of authorization,
this chapter or for making materially false statements on the application
for a letter of authorization.
In the event that the Police Department and/or the Division
of Parking Enforcement refuses to recommend renewal or revokes or
suspends a letter of authorization, the authorized City tower shall
have the right to appeal such refusal, revocation or suspension to
the Department of Permit and Inspection Services, in accordance with
the following provisions:
B.
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 Department of Permit and Inspection Services.
C.
The Department of Permit and Inspection Services shall give notice
of any hearing to be held hereunder, stating the name and business
address of the authorized City tower concerned, the subject matter
of the hearing and the date, place and hour designated therefor, by
mailing a copy of such notice to the tower concerned at the business
address shown upon the most recent application of such tower at least
10 days prior to the date of such hearing.
D.
At any hearing held for the refusal, revocation, suspension or removal
of a tower from a list, such tower shall be entitled to be represented
by legal counsel and to present testimony or other evidence in his
own behalf, as may be relevant to the subject matter of the hearing.
