[HISTORY: Adopted by the Town Board of the Town of New Hartford 9-7-1988
by L.L. No. 11-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 113.
From and after the passage of this chapter, it shall be unlawful for
any person, firm or corporation to have any of their agents, servants or employees
engaged in tow truck wrecker service within the corporate limits of said town
to come within 1,000 feet of the scene of any accident or to cause their wreckers
to approach nearer than 1,000 feet of the scene of any accident of any automobile
or other vehicle within the corporate limits of said town until the Police
Department has had an opportunity to investigate said accident and have directed
and authorized said wrecker to approach within said prohibitive distance and
take charge of said wrecked vehicle and to remove the same from said scene.
[Amended 12-16-1992 by L.L.
No. 8-1992]
A.
If a hazardous or emergency situation shall be present
because of disabled vehicles, the New Hartford Town Police shall call in a
tow operator to maintain orderly traffic flow and public safety, and such
selection of tow operator shall be in accordance with the following Police
Department regulations, hereinafter listed:
B.
If a hazardous or emergency situation does not exist
resulting from a disabled vehicle or vehicles, then the vehicle operator shall
make the decision or choice as to which tow truck operator he selects to employ.
A.
The requirements for participation upon the rotation
list and additional requirements are as follows:
(1)
All towing service firms shall provide and maintain facilities
for secure storage of towed vehicles.
(2)
Towing service shall be available for assignment on a
twenty-four-hour-per-day, seven-day-per-week basis.
(3)
The towing service operator shall maintain a place of
business within the Town of New Hartford.
(4)
The towing service operator shall maintain and equip
its towing vehicle in accordance with the laws of the State of New York and
such additional requirements as may be prescribed by the Police Commission
or, if there are none, the Town of New Hartford.
(5)
Any person removing a wrecked or damaged vehicle from
a highway shall retrieve any glass or other injurious substance dropped upon
the highway from such vehicle.
(6)
All towing service operators must have a certificate
of insurance coverage that will consist of a minimum of $100,000 for bodily
injury for each person, $300,000 for bodily injury per occurrence and $50,000
for property damage for each occurrence.
(7)
All towing service operators will keep a log book in
their office listing the date and time the vehicle was picked up, the location
from where the vehicle was towed, the make, model and color of the vehicle
and the license number on the vehicle. This log book will be subject to inspection
by any police officer.
(8)
The tow operator shall also provide lockout service,
removal of motorcycles and off-road vehicles upon Police Department request
for said services.
(9)
Towing service operators will notify the Town of New
Hartford Police Department, in writing, of any towed vehicle left unclaimed
for more than 48 hours after notification by police of the registered owner
of said vehicle.
(10)
Towing service operators shall agree to indemnify and
hold harmless the Town of New Hartford from any claim or liabilities which
occur as a result of performing towing or wrecker services at the request
of the Town of New Hartford Police Department.
B.
Applications can be obtained from the Town Clerk of the
Town of New Hartford. After completion, the application is to be submitted
to the Town Clerk containing all the information requested therein, along
with an application fee of $25.
The towing service operator, upon completion of a tow, shall levy tow
service charges against the rightful owner of the vehicle in conformity with
the Code of the Town of New Hartford. No fee may be levied for response not
resulting in the removal of the vehicle. The cost of removal or towing shall
be the responsibility of the vehicle owner or operator and shall not exceed
the rates established by law.
The Police Commission or, if there is none, the Town Board is hereby
given authority to promulgate such other rules or regulations as they deem
necessary, consistent with the intent of this chapter.
Any person, firm or corporation engaged in the wrecker or tow service
violating this chapter shall, upon conviction, be subject to a fine not exceeding
$250 and/or imprisonment of up to 15 days, or both.
