[Amended 5-20-1993 by L.L. No. 2-1993]
This chapter shall be known and may be cited as the "Tow Car Control
Law of the Village of New Hyde Park" or as the "TCCL-NHP."
[Amended 5-20-1993 by L.L. No. 2-1993]
It is hereby found and declared by the Board of Trustees to be of vital
importance to the traveling public that disabled, abandoned and other nonoperational
motor vehicles be removed as quickly and efficiently as possible from the
public highways. Delay in the removal of such vehicles from the streets and
roadways and other public places of the village has proven to be a significant
source of disruption to the smooth flow of traffic and to the safety and convenience
of the traveling public, both vehicle operators and pedestrians alike. The
Board finds the prompt removal of such vehicles by private tow car operators
to be a practical and efficient means of obviating such disruptions and offsetting
such hazards. However, it is the further finding of the Board that the licensing
and regulation of such activities is in the best interests of the village,
since such activities involve issues of public necessity and convenience.
It is, therefore, the intent and purpose of the Board, in enacting this chapter,
to impose strict licensing and regulatory requirements upon all tow car owners
operating or intending to operate within the village, in order to safeguard
the motoring public against exorbitant charges, unscrupulous practices, and
other abuses, and in order to ensure compliance by such tow car owners with
minimum standards for the safety, welfare and convenience of the public at
large.
[Amended 5-20-1993 by L.L. No. 2-1993]
For the purposes of this chapter, and unless the provisions set forth
in a given context shall clearly require a different interpretation, the following
words, terms and phrases shall have the meanings ascribed to them hereinbelow:
Any person who drives or chauffeurs a tow car on or over the public
streets and highways, whether or not such driver is also the owner/operator
of such tow car.
The imposition or demand of any fee, charge or other consideration
of any kind, whether directly or indirectly, for the removal, transport and
storage of a motor vehicle, or for the rendering of any special service, as
defined in this section, to or in connection with any motor vehicle; including
any situation where, in contemplation of performing any additional repairs
or further servicing for which a consideration is to be charged, a tow car
owner/operator neither imposes or demands or otherwise waives a separate,
additional fee or charge for the removal and transport, for the storage or
for the special servicing of that same motor vehicle.
Any person who aids or assists a tow car driver in carrying out any
function or procedure involved with either the removal and transport of a
motor vehicle from one place to another, or with the rendering of any special
service, as defined in this section, to any motor vehicle.
Refers to any actual medallion, tag, decal, sticker, plate, or other
authorized, tangible, and durable device issued by the village to the owner
and/or operator of a specified tow car vehicle, in order to identify such
vehicle as a licensed tow car under the provisions of this chapter.
When referring to a tow car, to manage and direct its use, whether
generally (due to the ownership thereof) or specifically (due to the immediate
custody and control thereof), either in removing and transporting any motor
vehicle from a public place to any other place, or in rendering any special
service, as defined in this section, to and in connection with a motor vehicle
located in a public place.
When referring to a tow car, the person, firm or other legal entity
holding the title to or lease of such vehicle, and who or which specifically
operates such tow car, or generally manages and directs its operation, on
or over the public highways for hire.
Refers to the use of any special skill and/or equipment necessary
or desirable for extricating or freeing a motor vehicle stranded in mud, snow
or other quagmire; for righting an overturned motor vehicle; or for removing
and hauling away a motor vehicle damaged or destroyed in any collision or
other accident.
To pull or haul a motor vehicle by use of a tow car from one place
to another, either on, over or across the public streets and highways, by
means of a hook, hitch, chain, cable or other tow device connecting such motor
vehicle to such tow car.
Any motor vehicle designed, used or intended for use, whether individually
or in combination with any trailer, device or other vehicle, either to remove
and transport a disabled, damaged, abandoned, or otherwise nonoperational
motor vehicle from one place to any other place, or to render any "special
service," as defined in this section, to and in connection with any such motor
vehicle.
To remove and convey a motor vehicle from one place to another by
use of a tow car, either by towing such vehicle while one or more wheels of
the towed vehicle itself, or of any dolly or dollies affixed to such vehicle,
remain in contact with the ground; or by carrying such vehicle wholly upon
the truckbed or within a compartment of the transporting tow car, or wholly
upon the bed or within a compartment of a flatbed or other style trailer being
towed by such tow car.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
Every tow car operated for hire upon the public streets,
places and highways of the village shall have firmly affixed upon the outside
surface of each front side door, or upon a conspicuous portion of the tow
car's body, adjacent to each such door, in letters and numerals not less
than two inches nor more than four inches in height and in the English language,
words legibly identifying such vehicle as a tow car and setting forth the
name, office address and phone number of the owner and operator of such vehicle.
B.
In addition to the foregoing requirement, the owner and/or
operator of a tow car operated within the village shall:
(1)
Affix and keep affixed securely to the driver's
door on such vehicle, or to a conspicuous area immediately adjacent thereto,
a current license medallion issued to such owner/operator for such vehicle
by the Village Clerk, as provided by and under this chapter; and
(2)
Legibly inscribe and keep inscribed on each side of the
tow car's body, in letters and numerals not less than 11/2 inches in
height, the current lawful towing rates and storage charges which such owner/operator
has filed with the Village Clerk, and which have been approved by the village
as likewise provided by and under this chapter.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
The owner/operator of each and every tow car operated
for hire within the village shall, in addition to any other requirements imposed
under this chapter, and prior to engaging in any such operation:
(1)
Prepare a typewritten statement and schedule, in triplicate,
on forms approved and issued by the village, setting forth the maximum prices
to be charged and imposed for the removal and transport of a disabled, abandoned,
damaged or otherwise nonoperational motor vehicle; for the storage of any
such vehicle; and for the rendering of any special services to and in connection
with a motor vehicle; including any labor charges which may be separately
and additionally imposed with respect to any of the foregoing operations or
procedures;
(2)
File all three copies of such statement and schedule with the Village Clerk, at the time of application for the original owner's license or any annual renewal thereof, required in and by Article II of this chapter, or at any other time that such owner/operator seeks approval to amend or modify any previously filed and approved schedule of such rates and charges; and
(3)
Post and display a stamped and approved copy of such
schedule, bearing the certification of the Village Clerk, at a prominent and
conspicuous location within the office identified in such schedule as the
regular place of business of such owner, where it shall remain permanently
accessible to, and readily reviewable by, any and all members of the public
who may enter upon said business premises.
B.
Towing charges. The rate of charges for towing shall be based solely upon the distance, in miles or fractions thereof, that a motor vehicle is, in fact, towed, and not upon any mere estimates thereof nor based upon the availability of tow cars. The towing charges shown on any schedule filed as required by of Subsection A(2) of this section, and affixed and displayed upon any tow car as required by Subsection B(2) of § 181-4 of this article, shall in no event exceed the following maximum charges:
C.
Storage charges. All motor vehicles held for storage by a tow car operator shall be stored by such operator solely in and upon those premises owned or leased by such operator and lawfully zoned and occupied for such use and purposes. No such vehicle, for which a storage charge is actually or presumptively being imposed, shall be stored upon any village street or left unattended in or along the right-of-way of any public highway. The storage charges shown on any schedule filed as required by Subsection A(2) of this section, and required to be listed upon any authorization form(s) required by and under § 181-6 of this article, shall in no event exceed the following maximum charges:
(1)
For outdoor storage: $5 per day for the first seven consecutive,
complete days or fraction thereof, and $10 per day for each additional and
consecutive complete day thereafter. For the purposes of this subsection,
a complete day shall mean and include every successive period of 24 consecutive
hours, and storage shall be deemed to commence at the time a vehicle arrives
at the location at which it is to be stored and shall be deemed to end at
the time the owner or his agent appears at such location for the purpose of
removing such vehicle from such location.
D.
Labor charges. There shall be no additional or separate charges imposed for labor involved in removing, transporting and storing a motor vehicle. Separate and additional labor charges may, however, be set and imposed for the use of dollies or flatbed trucks or trailers, where and when the same are reasonably required due to the condition of the vehicle to be removed and transported, or where and when the same are specifically requested and so authorized by the person who owns or is in charge of the vehicle to be transported. Those said labor charges, required to be shown on any schedule filed as provided under Subsection A(2) of this section, and required to be listed on any authorization form(s) prescribed by and under § 181-6 of this article, shall in no event exceed a maximum charge of $15.
E.
Special services charge. Separate and additional charges for the rendering of any special service defined and/or described in § 181-3 of this article may be set and imposed, provided that such charges are listed in any schedule filed as required by Subsection A(2) of this section; are listed in any authorization form(s) required by § 181-6 of this article; and in no event exceed a maximum rate of $15 per 1/2 hour of time actually and directly spent in the performance and delivery of such special services.
F.
Exceptions. The limitations on maximum charges as set
forth and provided in this section shall not apply to or in respect of either:
(1)
The removal, transport and storage of any motor truck
exceeding 1.5 tons' capacity, or to the performance of any additional
labor or the rendering of any special services to or for such a vehicle; or
(2)
The removal, transport and storage of any vehicle under
and pursuant to a contract made and executed prior to the time that such vehicle
becomes damaged, disabled, or otherwise nonoperational and in need of any
such precontracted services.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
No motor vehicle located in a public place in the village
shall be removed, transported and stored, nor shall any special services be
rendered to such a vehicle, by any tow car owner or operator, unless and until
written authorization, on a form or forms prescribed and/or approved by the
Village Clerk, shall have first been executed by and obtained from the person
who owns or is in immediate and lawful control and custody of such vehicle.
Such written authorization shall have conspicuously listed on the face of
such instrument any and all charges which shall or may be imposed or demanded
by such tow car owner or operator for the proposed removal, transport and
storage of such vehicle, for any proposed additional and separate labor, and
for any proposed special services to be rendered to and in connection with
such vehicle.
B.
A true and complete duplicate copy of any written authorization,
executed by the vehicle owner or its lawful custodian, and countersigned by
the tow car owner/operator or his agent, shall be immediately provided to
the owner or lawful custodian of the motor vehicle covered thereby. The said
owner or custodian of the vehicle shall be given the original or ribbon copy
of such authorization, and a duplicate or carbon copy shall be retained and
kept on file by the tow car owner/operator at his or its regular office address
for a period of at least 12 months following the date of its execution; and
such owner/operator shall immediately produce and exhibit such duplicate or
carbon copy and/or promptly deliver a certified true copy of same, upon demand,
to any officer or employee of the village, or any police officer or peace
officer having jurisdiction within the village, whether such tow car owner/operator's
office be located within or without the village.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
It shall be unlawful for any tow car owner/operator, driver, helper, or other person, to engage in the solicitation of any work for hire involving the removal, transport or storage of any motor vehicle, or the rendering of any special services defined or described in § 181-3 of this article, either while driving any vehicle along any street or highway in the village, or while sitting in or otherwise occupying any vehicle parked, stopped or standing in or along any public place or public right-of-way located in the village. Unless and until specifically called, requested or directed by either the owner or lawful custodian of a disabled, damaged, stranded or otherwise nonoperational motor vehicle located within the village, or by a member of the Nassau County Police or other police agency or department having jurisdiction within the village, no tow car owners/operators, drivers, helpers, or their respective agents, shall themselves proceed or respond to, or dispatch any tow car to, the scene of any such vehicle.
B.
In the case of any vehicle abandoned in or along any
public place, street, highway or right-of-way located within the village,
no tow car owner/operator, driver or helper shall respond to the scene of
such a vehicle, or engage in the removal, transport or storage of such vehicle,
unless and until notified and requested to do so by an authorized officer,
employee or agent of the village, or by a member of the Nassau County Police
or other police agency or department having jurisdiction within the village.
[Amended 5-20-1993 by L.L. No. 2-1993]
The owner and/or operator of any motor vehicle which becomes damaged,
stranded, disabled, or otherwise nonoperational, while situated in any public
place or while situated in or along the right-of-way of any public street,
road or highway located in the village, shall have the right to require the
services of any available tow car licensed under the provisions of this chapter,
and it shall be a violation of both the provisions of this section and of
the conditions of such license for a licensed tow car owner/operator, driver
or helper to refuse to render such services when and where the owner and/or
the operator of such nonoperational motor vehicle shall be ready and willing,
and presumptively able, to pay any lawful fees and charges either authorized
or permitted by or under the provisions of this chapter, in connection with
the delivery and performance of any such services. The foregoing obligations
shall, however, be fully conditional upon the following specified prerequisites:
[Amended 5-20-1993 by L.L. No. 2-1993]
It shall be unlawful, and a violation of this chapter, for any tow car
owner/operator, driver or helper, or their respective agents, called to the
scene of any damaged, disabled, stranded, or otherwise nonoperational motor
vehicle situated in any public place or in or along any public street, highway
or other right-of-way located within the village, to make any repairs to,
or perform any servicing upon, any such nonoperational motor vehicle while
at such scene, which shall not be necessary or expedient for the tow car owner/operator's
removal and transport of such vehicle away from such location. Notwithstanding
the foregoing provisions, if it appears reasonably likely that any indicated
minor repair or servicing of such vehicle, if promptly rendered at the scene,
would restore such vehicle to a state of safe and viable operation, thereby
eliminating any further necessity to tow or transport such vehicle away from
such location, then in such event, and strictly provided that the same may
be done both safely and promptly, such minor servicing or repair may, in good
faith, be undertaken and completed at the scene.
[Amended 5-20-1993 by L.L. No. 2-1993]
It shall be unlawful, and a violation of this chapter, for any tow car
owner/operator, driver, helper, or their respective agents, called or dispatched
to the scene of any damaged, disabled, stranded, or otherwise nonoperational
motor vehicle situated in any public place or in or along any public street,
highway or right-of-way located within the village, for the purpose of towing
or otherwise removing and transporting such vehicle away from such location,
or to render any special services to or in connection with such vehicle while
at such scene, to require or demand that the owner or the operator of such
nonoperational motor vehicle, as a condition precedent to rendering any such
service or services, shall first:
A.
Pay, directly or indirectly to any person, any fee for
the preparation of any estimate of repairs which may later prove necessary
or desirable to restore such vehicle to a state of safe and viable operation;
or
B.
Authorize the preparation of any paid estimate for repairs
by any person; or
C.
Enter into any verbal or written agreement, with any
person, authorizing and/or promising to pay for any such repairs.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
Subject to the limitations imposed by § 181-10 of this article, it shall be unlawful for any person who is not the owner thereof, or the duly authorized agent or legal representative of such owner, to undertake any repairs to any motor vehicle towed or otherwise removed and transported from any location within the village, without having first provided to such owner or such agent or legal representative thereof, a written, itemized, good faith estimate of such repairs, and without having subsequently obtained a written agreement authorizing and consenting to any and all such repairs, and signed and dated by such owner, agent or legal representative prior to the commencement of any such repairs.
B.
All estimates and agreements for repairs, as prescribed and required by Subsection A of this section, shall be on forms approved for such purpose by the Village Clerk. Every such form shall include on the face of such instrument, and shall provide designated space for the inclusion thereon, the following specified information:
(1)
The name, residence address and telephone number of the
owner of the removed and transported vehicle, or of the agent or legal representative
of such owner authorized to execute such estimate or agreement for repairs;
(2)
The name, office address and telephone number of the
person or firm preparing such estimate and/or agreeing to make such repairs
and, if such person or firm is the licensed tow car owner/operator, the village
license number of such person or firm;
(3)
The year, make, model, vehicle type, and state registration
number of the motor vehicle for which such repair estimate or agreement is
prepared and executed; and
(4)
The itemized listing of those specific repairs proposed
or agreed to be undertaken, and the specific corresponding charge or rate
of charge to be imposed and paid in connection with each such item.
C.
It shall be unlawful and a violation of the provisions of this section for any tow car owner/operator, driver, helper, or their agents, or any other person or persons, to enter into any agreement either for repairs or for the preparation of a paid estimate of repairs to any motor vehicle damaged or disabled in any collision or other accident, when and where the owner or other custodial operator of such motor vehicle either has been injured, or appears to have been injured, in such collision or accident, until the expiration of at least 24 hours from the time that such collision or accident is reported and logged as required in § 181-13 of this chapter, or until such injured or apparently-injured owner or other custodial operator has been treated and released with respect to such injury, whichever shall last occur.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
The owner/operator of a tow car shall prepare and keep
on hand sequentially numbered invoices, each containing a printed billhead
showing the name, office address, storage address (if different from such
office address), the telephone number for each such address (if more than
one), and the village license number of such owner/operator. Billings made
for the towing or other removal and transport of any motor vehicle from a
location within the village and/or for the performance of any special services
rendered to and in connection with such vehicle shall be made and rendered
solely upon such numbered invoices, the form of which shall be approved by
the Village Clerk.
B.
All such invoices shall be prepared in duplicate, the
original or ribbon copy thereof being furnished to the owner or other custodial
operator of the motor vehicle for whom any of the foregoing described services
have been performed. Upon payment in full of all lawful charges made and indicated
on the face of each invoice, the owner or custodial operator of the vehicle
who is billed for such charges shall be entitled to have the customer copy
of such invoice marked and receipted as "paid in full." In addition to any
other information which may be required or permitted to be printed or otherwise
included on such invoices, the following information shall be includable upon
every such invoice receiving approval for use by the Village Clerk:
(1)
The full name, residence address and telephone number
of the person who engaged and authorized such services;
(2)
The year, make, model and vehicle type, and the state
registration number, of the motor vehicle serviced;
(3)
The specific itemized services rendered to, or in connection
with, the serviced vehicle and the corresponding fees or other charges actually
imposed for each such item, including the rate and actual computation of any
storage charges sought and imposed; and
(4)
The total of all charges covered by and under such invoice,
including therein any applicable federal, state or local sales or excise taxes
and any applicable surcharges, if any, each of which shall be separately identified,
itemized and computed on the face of such invoice.
C.
The tow car owner/operator shall retain the duplicate or carbon copy of every invoice made and rendered as prescribed and required under Subsection B of this section, and shall keep each such copy on file at the office address listed and maintained by such owner/operator at his or its regular place of business for a period of at least 12 calendar months following the date that the original of such invoice was delivered to the customer. Subject to the foregoing time limitation, such owner/operator shall immediately produce and exhibit such office copy for inspection, or shall promptly reproduce and deliver a certified true copy thereof, upon demand, to any officer, employee or agent of the village, or to any member of the Nassau County Police, or to any other police or peace officer having jurisdiction within the village.
[Amended 12-7-1989 by L.L. No. 3-1989; 5-20-1993
by L.L. No. 2-1993]
A.
Every tow car owner/operator licensed or required to
be licensed under the provisions of this chapter shall prepare and maintain
a bound record book in which shall be logged all calls received for service
at the scene of any collision or other accident within the village. Every
entry made in this book shall be in the English language, shall be typed or
printed in ink, and shall be made at the time each call is received and prior
to responding to such call, specifying therein the following:
(1)
The name and (if such person is a police officer or other
governmental officer or agent) rank, title and badge number, if any, of such
caller;
(2)
The date and time when such call is received;
(3)
The location, by street address or nearest identified
landmark in the village, where such collision or accident is being reported;
and
(4)
The name of the person receiving and logging in such
call.
B.
Such log book shall be retained as a business record
for a period of at least one calendar year following the date of the last
entry made therein, and shall be promptly produced and exhibited, upon demand,
to any village officer, agent or employee, any police or peace officer, or
any person injured or otherwise involved in any collision or accident logged
in such volume, who may request to see, inspect or reproduce any information
set forth and contained therein.
[Amended 5-20-1993 by L.L. No. 2-1993]
It shall be unlawful and a violation of the provisions of this section
for any person, whether for his or her own interest or for and in behalf of
any other person, to impose, demand or receive any payment, for any services
regulated under this article, in excess of the maximum charge or rate of charge
prescribed by, or approved and allowed under, the provisions of this article.
[Amended 5-20-1993 by L.L. No. 2-1993]
The village retains the right and authority to enforce each and every
provision of this chapter, especially the provisions of this article. In order
to ensure full compliance with all such provisions any officer, employee,
or designated agent of the village may, from time to time and at any time,
be authorized by the Mayor, the Board of Trustees, or the Village Clerk, to
undertake any investigation or inquiry deemed by them to be necessary or desirable
for purposes of compliance enforcement. Accordingly, every person, firm or
other legal entity engaging in any business services or other activities within
the village which are subject to, and regulated by, the provisions of this
chapter, and whether or not licensed to do so under the provisions of this
chapter, shall be affirmatively obliged, pursuant to this section, to thoroughly
and diligently respond to, and comply with, any and all inquiries, requests,
notices, directives or other communications delivered to or served upon such
party by any authorized officer, employee or other designated agent of the
village acting under the provisions of this section; and the failure or refusal
of any such party to so fully and timely respond to or comply with any such
communique shall constitute a violation of the provisions of this chapter,
and of the terms and conditions of each and every license issued to or for
the benefit of such party pursuant to any provisions of this chapter.
A.
A licensed tow car driver and helper shall:
(1)
Have his identification card in his possession at all
times while engaged in his occupation as a tow car driver or helper, and a
tow car driver while so engaged shall also be in possession of his chauffeur's
license.
(2)
Not permit any other person to use his identification
card.
(3)
Not be engaged on any unlicensed tow car or on a tow
car the license for which has been suspended or revoked.
(4)
Promptly report the loss of his identification card to
the Village Clerk.
(5)
Report change of address to the Village Clerk within
48 hours.
(6)
Have with him, at all times, properly authorized forms
for towing and repair, such forms to be printed and maintained by tow car
owners.
(7)
Not be addicted to the use of drugs or intoxicating liquors.
B.
Each driver and helper at the scene of an accident shall:
(1)
Exhibit his identification card to the owner of the disabled
vehicle or person in charge thereof or to any village officer or any member
of the Nassau County Police Department.
(2)
Not remove any vehicle from the scene of an accident
until proper authorization has been signed by the owner of the disabled vehicle
or person in charge thereof.
(3)
Not remove any vehicle involved in an accident in which
a person has been injured until released by a duly authorized member of the
Nassau County Police Department.
C.
Every tow car driver and helper shall obey all traffic
laws, ordinances, rules and regulations while operating a tow car and, upon
receipt of a summons or his arrest for any alleged violation of any such ordinance,
rule or regulation, shall report the same within three days to the Village
Clerk, advising him of the nature of the offense charged, the name and the
location of the court and the date upon which the summons is returnable or
the date on which the hearing or such trial is to be held.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
Every vehicle operated for hire within the village as a tow car or other motor vehicle transport vehicle shall at all times be maintained in that state of mechanical fitness and good repair which is or may be necessary for such vehicle to operate properly, safely and efficiently under all conditions usually expected or reasonably anticipated in connection with the regular towing and transport functions for which such vehicle was designed, is used, or is intended to be used. In addition to the foregoing requirement, every part or portion of the exterior surface of such vehicle, whether painted, imprinted or otherwise inscribed, and which bears or has affixed thereto any of the information prescribed or required pursuant to § 181-4 of this article, shall be maintained in a clean, legible, and unobstructed condition and good state of repair.
B.
Inspection and testing of any tow car or other transport
vehicle, either actually operated or proposed to be operated within the village,
shall be undertaken and completed at least annually, in order to ensure compliance
with the provisions of the preceding subsection. Such inspections and testing
may be done separately or in conjunction with any other inspection(s) required
or prescribed by or under the New York Vehicle and Traffic Law, or by other
state or local statute, law, ordinance, rule or regulation, and shall be so
undertaken and certified by either:
(1)
An independent, New-York-State-registered motor vehicle
inspection station not owned or operated by, or otherwise affiliated with,
the owner/operator of the subject tow car or transport vehicle; or
(2)
Any bureau, division, department, office, officer or
agent of the New York State Department of Motor Vehicles, the New York Division
of State Police, or the Nassau County Police Department, which may be duly
authorized and empowered to undertake and certify to such inspections and
testings.
C.
The provisions of Subsections A and B of this section notwithstanding, the Board of Trustees and/or the Village Clerk may, from time to time, enact and establish such other or additional rules and regulations with respect to the inspection and testing of tow cars and other transport vehicles as they may deem necessary, prudent or advisable; and such rules and regulations, upon their adoption, shall have the same force and shall be given the same legal effect as if the same were set forth and included in this subsection.
[Amended 5-20-1993 by L.L. No. 2-1993]
A.
Whenever any hearing shall be conducted as prescribed
or permitted by and under the provisions of this chapter, such hearing, and
all adjournments thereof, if any, shall be held on a date and at an hour and
place designated by the board or officer authorized or charged with conducting
such hearing; and if any such hearing or any adjournment thereof is required
to be conducted in public, then written public notice of same, and of the
date, time and place thereof, shall be duly published, in the manner prescribed
and directed by law.
B.
Whenever any hearing, whether public or otherwise, shall
involve or pertain to the license or activities of any person licensed or
seeking a license or renewal thereof under any provisions of this chapter,
the Village Clerk shall give individual written notice of such hearing to
such person, setting forth the date, time and place of such hearing, the subject
matter of such hearing, and the identity of the village board or officer conducting
the same. Such notice shall delivered either by personal service upon the
person entitled thereto or by mailing a copy, addressed to such person, to
the address shown upon the most recent license application filed by such person,
by registered or certified mail, return receipt requested, at least 10 days
before the scheduled date of such hearing listed in such notice.
C.
At and upon any hearing referred to in this section, any person described or referred to in Subsection B of this section shall be entitled to be represented or assisted by legal counsel, and to present any competent and material testimony or other evidence in his or her own behalf as may be relevant to the subject matter of such hearing.
D.
Any person attending any hearing referred to in this
section, and required or permitted to give any testimony in his or her own
behalf or in behalf of any other person, shall be first sworn as a witness,
and shall give such testimony, or shall otherwise be examined, under oath.
Any oath required to be administered for the purposes of such testimony or
examination may be administered by either the Village Clerk or any deputy
thereof, or by the officer or chairman of the board presiding at such hearing.
