The City Clerk is authorized, upon payment of
the requisite fees as hereinafter provided for in this chapter, to
issue a tow truck license for each vehicle to be used as a tow truck,
sealed with the Corporate Seal of the City and countersigned by the
Commissioner or his designee, to each operator who shall procure the
approval in writing of the Commissioner pursuant to the provisions
of this chapter.
It shall be unlawful for any person to drive,
operate or keep for hire or pay, or cause or permit any person to
drive, operate or keep for hire or pay, any tow truck within the City
unless the vehicle has been duly licensed for such purpose pursuant
to this chapter.
The City Clerk shall issue two types of tow
truck licenses as follows:
A.
Unrestricted license, Class I, to be issued to the
owners of tow trucks which are equipped with crane, winch or similar
device designed to raise a disabled vehicle or the front or rear end
of a disabled vehicle or the entire vehicle.
(1)
It shall be a condition to the issuance of each Class
I license that the applicant demonstrate ownership of or a lease for
an enclosed area within the City of Mount Vernon within which auto
body repair work can be done on at least three vehicles, which shall
be based upon 200 square feet per vehicle and shall have additional
off-street storage facilities for at least three additional vehicles.
The number of Class I licenses shall be limited in accordance with
the above.
(2)
Each Class I licensee shall have within the premises
in which repair work is to be performed, as minimum equipment, a compressor,
welding equipment, grinder-buffer and a porta-power or similar tool
for straightening metal.
(3)
Each Class I licensee shall supply a certificate of
occupancy from the Building Department indicating that the premises
may be used as an auto body repair shop.
(4)
The owner or owners of any Class I licensed vehicle
shall be available to render towing services on a seven-day-a-week,
twenty-four-hour-a-day basis and shall suitably provide for the receipt
of telephone calls for aid and personnel to operate the tow truck
as required.
B.
Restricted license, Class II, to be issued to the
owner of any other tow truck for public hire garaged and/or operated
within the City of Mount Vernon.
Application for each tow truck license shall
be made by the operator on forms to be furnished by the Commissioner.
The completed application shall contain:
A.
The name, residence and business address of the person
or persons operating the tow truck business; if a partnership, its
principal place of business and the residence, name and address of
each partner; if a corporation, its principal place of business and
the names, titles and residence addresses of the officials and stockholders
thereof.
B.
The year, make, motor and serial number and state
registration number of the vehicle to be licensed.
C.
The amount of public liability and property damage
insurance covering the vehicle to be licensed, the name of the insurance
company, policy number and expiration date or dates thereof. In no
event shall the liability insurance be less than $1,000,000 combined
single limit, covering injuries to persons and damages to property,
and covering each and every tow truck to be operated in the City,
which policy shall be endorsed to indemnify and save harmless the
City of Mount Vernon from any and all claims for personal injury or
property damage arising out of the issuance of the license to engage
in said business. Each policy required herein must contain an endorsement
providing for 30 days' notice to the City in the event of any material
change or cancellation.
[Amended 4-22-1992, approved 4-23-1992]
D.
Every applicant for a tow truck license shall be subject to an examination
of criminal history information, including pending arrests and convictions.
Every applicant for a license shall file, together with the application,
fingerprints of both hands. The fingerprints shall be placed upon
cards provided by the Commissioner of Public Safety and shall be taken
under his/her supervision by a senior police officer, and at such
a place as the Commissioner shall designate. The Commissioner of Public
Safety shall have the authority to submit the fingerprints of the
applicant, together with the required fees, to the Division of Criminal
Justice Services or other appropriate agency for processing and investigation.
No application for a tow truck license shall be approved nor any license
issued under the provisions of this chapter until after commanding
officer of the Criminal Identification Unit in the Department of Public
Safety has reviewed and examined the criminal history information
disseminated by the Division of Criminal Justice Services. No applicant
for a booting license shall be denied by reason of an applicant having
been previously convicted of one or more criminal offenses, unless
(1) there is a direct relationship between the applicant's criminal
conviction and the license sought, or (2) the issuance of the license
would involve an unreasonable risk to property or to the safety or
welfare of specific individuals or the general public.
[Added 7-11-1979, approved 7-12-1979; amended 4-13-1989, approved 4-13-1989; 10-28-2015, approved 10-28-2015]
E.
Such other or additional information as the Commissioner
may deem necessary and appropriate.
Upon approval of the application by the Commissioner
and upon presentation of such approved application, the City Clerk
shall issue a license in the form of a card not less than three inches
by six inches in size, containing the official license number of the
tow truck and a statement that any complaint shall be made to the
Commissioner. The card shall be signed by the City Clerk and shall
contain the number of the license plate assigned to the vehicle by
the Motor Vehicle Bureau of the State of New York, which card shall
also set forth the maximum fees hereinafter prescribed. A license
card shall vary in color each year. Any licensee who defaces, obliterates
or changes any official entry made upon the license shall have such
license revoked.
The tow truck license must be displayed at all
times in a prominent position in the interior of the driver's compartment
of the tow truck, in an enclosed frame of the appropriate size.
The Commissioner of Public Safety shall assign
police officers who shall inspect all tow trucks to assure that they
are kept in a condition of continued fitness for proper and safe use.
Appropriate endorsements shall be made upon the license card showing
the date of each inspection. Written reports of all inspections shall
be filed with the City Clerk and the Department of Public Safety.
[Amended 4-25-1973, approved 4-26-1973]
A.
The following annual fees shall be paid to the City
Clerk no later than May 1 for a license period commencing on said
date and expiring on the last day of April of each succeeding year:
[Amended 10-12-1983, approved 10-13-1983; 4-22-1992, approved 4-23-1992; 5-9-2012, approved 5-10-2012]
B.
No license or license renewal fee shall be prorated
for a period of less than six months.
Every tow truck operator desiring to surrender
a license shall immediately return such license to the City Clerk.
No refund shall be made upon such surrender.
No tow truck license shall be assigned or transferred
without the prior written approval of the Commissioner. In addition
thereto, such assignee or transferee shall be required to establish
compliance with all the requirements imposed by this chapter upon
an original application for such license. The fee for approval shall
be the same as for issuance of an original license.
The Commissioner may disapprove an application
for a tow truck license if, in his discretion, he determines that:
A.
The applicant has made a material false statement
or concealed a material fact in connection with his application;
B.
The applicant or any officer, director, stockholder
or partner or any other person directly or indirectly interested in
the application was the former holder, or was an officer, director,
stockholder or partner in a corporation or partnership which was the
former holder, of a tow truck license which had been revoked or suspended;
C.
The applicant or any officer, director, stockholder,
partner, employee or any other person directly or indirectly interested
in the application has been convicted of a felony or any crime involving
violence, dishonesty, deceit, indecency, degeneracy or moral turpitude;
or
D.
The applicant is not the true owner of the tow truck
or of the tow truck business.
A.
A tow truck license may be revoked or suspended at
any time for cause, after a hearing by the Commissioner, if the vehicle
shall have been knowingly used for any illegal purpose or for the
violation of any of the provisions of this chapter or other law governing
the operation or maintenance of motor vehicles, or if the licensee
was negligent in preventing same. In the event of the suspension or
revocation of the license, the license card shall be seized by the
Commissioner of Public Safety. A licensee shall be provided with written
notice of such hearing and the reason therefor and shall have the
right to be represented by counsel.
B.
Hearing. Except where a refusal to approve an application
for a tow truck license or a tow truck driver's license or an application
for a renewal thereof, or where revocation or suspension of such license
is based solely on a judicial conviction or convictions, a licensee
or applicant shall have an opportunity to be heard. Such hearing shall
be held by the Commissioner of Public Safety or the Deputy Commissioner
of Public Safety at such time and place as he shall prescribe. A license,
however, may be temporarily suspended without notice pending any criminal
proceeding, investigation or hearing. A licensee or applicant entitled
to a hearing shall be given due notice thereof in writing and shall
have the right to be represented by counsel.
The City Clerk shall keep a register of the
persons owning or operating a tow truck licensed under this chapter,
together with the license number, the description of the vehicle and
the date and complete record of each inspection. These records shall
be available for public inspection at all reasonable times. The Commissioner
shall promptly file with the City Clerk records of all applications,
suspensions or revocation of licenses and all complaints against owners
or drivers and the action or determination by the Commissioner.
