It shall be unlawful for any person to operate any tow car owned or
controlled by him or permit the same to be operated upon the public highways
of the village without having first obtained and then having in force an owner's
license therefor, as provided in this article.
A.
Every person who desires to operate a tow car or tow
cars owned or controlled by him upon the public highways within the village
shall file with the Village Clerk a written application upon forms to be furnished
by the Village Clerk, verified under oath, stating:
(1)
The name and address of the applicant, address of the
place from which tow cars are proposed to be garaged and dispatched, specifying,
in the case of any unincorporated association, the names and addresses of
each member thereof and in the case of any corporation, the names and addresses
of each officer.
(2)
All crimes of which the applicant or any member thereof,
if an unincorporated association, or any officer, if a corporation, has been
convicted, stating the name and location of the court in which and the date
on which such convictions were had and the penalties imposed therefor.
(3)
The experience of the applicant in the towing of vehicles
for hire.
(4)
Any facts which the applicant believes tend to prove
that the public convenience and necessity require the granting of a license
to him.
(5)
The number of vehicles proposed to be operated by the
applicant and a description of each such vehicle, including the make, model,
year of manufacture, New York State registration number and motor number thereof.
(6)
The age and citizenship of the applicant and each member
thereof, if an unincorporated association, and each officer thereof, if a
corporation.
(7)
The location of any and all depots and terminals proposed
to be used by the applicant.
(8)
Any other relevant information which the Village Clerk
may require.
B.
Every individual applicant for an owner's license,
at the time of submitting his application, shall:
(1)
Submit two individual photographs of the applicant taken
within 30 days prior to the date of the application, such photographs to be
11/2 inches by 11/2 inches in size, to be a true likeness of the applicant
and show the neck, shoulders and uncovered head.
(2)
Be fingerprinted under the direction and supervision
of the Village Clerk.
Upon receipt of any application for an owner's license, the Village
Clerk shall refer the same to the Nassau County Police Department for such
investigation as it shall deem necessary or advisable and a report thereon.
The Village Clerk may, in his discretion, before the issuance of an
owner's license under this article, require the applicant and any others
having knowledge of the facts to submit to an examination under oath to produce
evidence relating thereto or hold a hearing upon such application.
Each applicant shall, before the issuance to him of an owner's
license under this article, file with the Village Clerk evidence that he is
insured against public liability in the limits of $10,000 for personal injuries
to each person and $20,000 for personal injuries for each accident and $5,000
for property damage, which insurance shall be maintained in force during the
period covered by the license.
[Amended 10-22-1973]
If the Village Clerk shall find that the tow car service in the village and particularly in the area in which the applicant proposes to operate is required by public convenience and necessity and, from the statements contained in the application for a tow car owner's license, that the applicant is a fit person and capable of properly conducting such tow car business and to conform to the provisions of this chapter, then the Village Clerk, upon the certification of each tow car proposed to be operated by the applicant pursuant to § 181-17A and B and the furnishing by the applicant of proof of insurance as provided in § 181-24, shall issue a license stating the name and address of the applicant and the date of the issuance thereof and the number of vehicles the applicant is authorized to operate, and, at the same time, the Village Clerk shall issue for each vehicle licensed hereunder a license bearing the words "Licensed Tow Car," an assigned number and the year of issuance; otherwise, such application shall be denied.
Before making any findings as to whether public convenience and necessity justify the issuance of a tow car owner's license or the licensing of additional tow cars under § 181-29, the Village Clerk shall cause to be published in a newspaper of general circulation in the village a notice stating that application has been made for the licensing of a vehicle or vehicles as tow cars, the number of vehicles for which such application has been made and containing a statement that written arguments as to whether public convenience and necessity require the licensing of such vehicles must be filed with the Village Clerk on or before the date fixed therein, which date must be not less than eight days after the date of such publication. Any arguments so filed must be considered by the Village Clerk in making his findings as to public convenience and necessity.
In making the findings required by §§ 181-26 and 181-27, the Village Clerk shall take into consideration the number of tow cars already in operation in the village, particularly in the area in which the applicant proposes to locate his depots and terminals, whether existing tow car service is adequate to meet the public need, the probable effect of additional tow cars on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
A.
Application. Every owner licensed under this article
who shall desire to add to the number of tow cars he is then operating pursuant
to a license hereunder shall file with the Village Clerk a written application,
under oath, stating:
(1)
The name and address of the applicant.
(2)
The applicant's owner's license number.
(3)
Any facts which the applicant believes tend to prove
that public convenience and necessity require each addition.
(4)
A description of each such additional tow car, including
the make, motor number and the year of manufacture.
B.
Action upon application. If the Village Clerk shall find that the addition of such tow car or tow cars is required by public convenience and necessity, then he shall issue a supplementary owner's license stating the name and address of the applicant, the number of the applicant's operator's license and the number of additional vehicles the applicant is authorized to operate and the date of the issuance thereof, and, at the same time, a license for each additional tow car in the form as provided in § 181-26; otherwise, such application shall be denied.
Every license issued under this article shall be signed at the direction
and in the name of the Village Clerk and sealed with the Seal of the village.
Any applicant who shall have been denied a license under this article
by the Village Clerk or who shall have been issued a license by the Village
Clerk for fewer tow cars than the number for which he applied may apply to
the Village Board of Trustees for a review of the action of the Village Clerk
as hereinafter provided:
A.
Such application to the Village Board of Trustees shall
be in writing, signed and verified by the applicant, and shall state the ground
or grounds on which the applicant claims that the determination of the Village
Clerk was erroneous.
B.
Such application shall be filed with the Village Clerk
by the applicant within 20 days after notice of denial of his application
by the Village Clerk has been mailed to him or delivered to him in person.
C.
Upon the filing of such application, the Village Board of Trustees shall hold a hearing thereon pursuant to the provisions of § 181-18. At such hearing, the Village Board of Trustees shall consider the applicant's application upon the record before the Village Clerk in connection with the Village Clerk's consideration thereof and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
D.
The Village Board of Trustees, after such hearing, may
affirm the action of the Village Clerk or direct the Village Clerk to issue
a proper license, pursuant to this article.
A.
Application. Every owner licensed under this article
who shall desire to add additional places of tow car service or who shall
desire to transfer a place of tow car service shall file with the Village
Clerk a written application, under oath, stating:
(1)
The name and address of the applicant.
(2)
The applicant's owner's license number.
(3)
Any facts which the applicant believes tend to prove
that public convenience and necessity require such additional places of tow
car service or transfer of place of tow car service.
(4)
The address of the additional place of tow car service
or transfer.
B.
Action upon application. If the Village Clerk shall find
that the additional places or transfer of tow car service is required by public
convenience and necessity, than he shall issue written permission, stating
the additional places or transfer, as the case may be, and the date thereof;
otherwise, such application shall be denied.
The owner's license issued under this article shall not be transferable.
Every owner's license issued under the provisions of this article
shall expire on December 31 next succeeding the date of its issuance, unless
sooner revoked by the Village Board of Trustees as provided by the provisions
of this article.
Any owner's license issued under this article may be renewed annually
for additional periods of one year each from the date of expiration upon the
filing of an application containing all the information required by the provisions
of this article for original applications, except the facts with respect to
public convenience and necessity.
Every owner, upon the sale or other disposition of a licensed tow car,
shall, within 24 hours, notify the Village Clerk of such sale or other disposition
and surrender the license or licenses for such car or cars.
The Village Clerk shall keep a record of the name and address of each
person to whom a tow car owner's license has been issued under this article,
showing the date and number of such license, all renewals, suspensions and
revocations thereof, and a record of each tow car licensed hereunder, stating
the make, model, year of manufacture, New York State registration number and
motor number thereof and the name and address of the person owning the tow
car.
A.
Any license issued under this article may be suspended
for a period of not more than three months or revoked by the Village Board
of Trustees if the holder thereof shall violate any provision of this chapter,
or any rule or regulation adopted hereunder or any ordinance of the village
or be convicted of the violation of any traffic law, ordinance or regulation
of the State of New York or of any municipality of the State of New York,
of any crime, or be guilty of making a false statement or misrepresentation
in his application.
B.
Any license issued under this article may be suspended
by the Village Board of Trustees if the holder thereof shall be indicted or
charged, upon information duly filed with the public authorities, with or
for the commission of any crime or offense until such holder shall be convicted
or acquitted of such crime or offense.
C.
No license shall be either suspended or revoked by the
Village Board of Trustees hereunder without a hearing thereon, held not less
than 20 days after written notice thereof shall have been given to the licensee,
either in person or by registered mail.
The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued under this article has violated any provision of this chapter or been convicted of any violation referred to in § 181-38 or indicted or charged with or for any crime or offense or is guilty of having made a false statement of misrepresentation in his application, may forthwith temporarily suspend such license until a hearing is held by the Village Board of Trustees as provided in the above-mentioned section and the Village Board of Trustees shall have issued its determination thereon.
It shall be unlawful for any owner to refuse to surrender a license
or licenses issued to such owner under the provisions of this article to the
Village Clerk upon demand, after such license or licenses have been suspended,
revoked or expired.
