[Adopted 12-9-1969[1]; amended in its entirety 1-22-2008 by L.L. No. 2-2008]
[1]
Editor's Note: These provisions are derived
from Ch. 14 of the 1969 Unified Code of Ordinances of the Town of
Babylon.
It is hereby declared and found that the towing
of disabled motor vehicles in the streets of the Town is a matter
affecting the public interest and should be subject to supervision
and administrative control for the purpose of safeguarding the public
against fraud and exorbitant rates and similar abuses and that it
is of vital importance to the traveling public that disabled vehicles
be removed from the highways as promptly as possible to avoid retarding
the movement of traffic and possible accidents.
A.
It shall be unlawful for any person to solicit towing
work at the scene of any motor vehicle accident on private property
or on a public highway within the Town or on a public highway within
the villages within the Town, provided that the villages have approved,
adopted or ratified these provisions.
B.
No person shall monitor, directly or indirectly, the
police radio of the Suffolk County Police Department for the purpose
of soliciting towing work.
It shall be unlawful for any person to solicit
towing work or authorization at the scene of an accident unless such
tow operator is a licensed tower duly called to the scene by the Suffolk
County Police Department.
No person shall operate a truck or other type
of motor vehicle designed and capable to tow other motor vehicles
for hire within the Town or used in connection with any business operated
within the Town, unless a license shall first have been obtained for
such vehicle from the Town Clerk as herein provided.
The Town Board shall adopt a schedule of reasonable
fees to be charged by licensees under this chapter. Such schedule
shall be adopted by resolution, subject to a public notice and hearing
in the manner provided by law for the adoption of ordinances.
[Amended 8-8-2018 by L.L.
No. 20-2018]
Applications for a license or license renewal
required herein shall be filed with the Town Clerk, on a form supplied
by the Town Clerk. The applicant must be the owner of the business
or majority shareholder of the corporation. Said application shall
be in the form of a sworn affidavit by the applicant, stating that
all information is true and accurate, which shall include the following
information:
A.
Personal and business information.
(1)
Personal information: the name, address, and telephone
number of the applicant. Applicant must present a current government-issued
photo identification of the applicant.
(2)
Business information: the name, address, and telephone
number of the business located within the Town or the address and
telephone number of the location from which tow vehicles 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,
director and stockholder thereof.
(3)
Business certificate: copies of certificates on file
with a County Clerk, New York Secretary of State or other appropriate
office, if applicant employs a trade or assumed name, such as "doing
business as" (DBA), corporation or partnership under which the business
is operated.
B.
A statement that the applicant has read, understands
and is familiar with the provisions of this article and will abide
by them if issued a license.
C.
The age and citizenship of the applicant and each
member thereof, if an unincorporated association, and each officer,
director and stockholder thereof, if a corporation.
D.
The vehicle registration number and vehicle identification
number of the tow truck to be operated.
E.
A certificate of insurance that contains the amount
of liability and property damage insurance on the tow truck, the name
of the insurance company and the policy number. Said policy shall
provide that each tow truck is covered with $100,000/$300,000 automobile
liability, $5,000 property damage insurance and $5,000 garage liability
insurance and shall include the Town of Babylon, its agents, servants,
employees, directors and officers as additional insureds. Each licensee
must have valid worker's compensation coverage or a valid worker's
compensation waiver form. All insurance documents must be current
and original; no photocopies will be accepted.
F.
The schedule of maximum prices the licensee agrees
to charge during the term of the license for towing motor vehicles
from points within the Town and for the legal storage of such vehicles
at its public garage. Such schedule may be based upon the distance
that each motor vehicle is to be towed, upon the weight of the vehicle
towed and upon the time of day or night such services are performed.
G.
Whether or not the licensee wishes to be placed on
the nonaccident roster.
H.
Any other information the Town Clerk shall deem necessary
for the purpose of administering the provisions of this article or
to assist in determining the applicant's fitness to engage in the
business of towing. Such information shall include, but not be limited
to, the following:
(1)
Material identifying the applicant physically, referencing
the applicant's good character and business responsibility, such as
a current New York State driver's license.
(2)
Record of convictions for felonies, misdemeanors or
violations, including municipal codes and traffic infractions.
(3)
The location of a storage or impoundment facility
to which vehicles are to be towed may be required on the application
form.
I.
No license shall be issued or renewed until all provisions
of this chapter have been complied with and the application has been
approved by the Town Clerk. The applicant will be notified of the
decision of the Town Clerk within 30 days from submission of a complete
application.
J.
Before issuance of a license, the Town Clerk may,
at her sole discretion, require the applicant, and any others having
knowledge of any facts, to submit to an examination under oath and
to produce evidence relating thereto.
K.
Any change in circumstances with regard to information
required hereinabove shall be reported to the Town Clerk within 30
days of occurrence.
A.
The Town Clerk shall not issue a license under this
article to any applicant found upon investigation to have made a materially
false statement or misrepresentation in his application; or whose
associated storage or impoundment facility is in violation of the
zoning, building or fire laws, ordinances or regulations of the municipality
in which it is located; or who has been convicted of a felony in the
operation of a motor vehicle, of a felony in connection with the operation
of a towing business or of a felony either against the person or involving
fraud.
B.
Only one corporation, business, operator, principal
or entity may operate out of any given parcel, structure, location
or lot and only when said parcel, structure, location or lot has been
approved by any required department, division, board or official of
the Town of Babylon. Only one approved entity, corporation, business,
operator or principal may operate out of any given parcel, structure,
location or lot. Even if more than one business, entity, certificate
of assumed name or person uses any given parcel, structure, location
or lot as its address or place of business, only one tow license shall
be issued and/or valid for any given parcel, structure, location or
lot. Only one entry on any annual tow list shall be permitted for
any given parcel, structure, location or lot.
C.
If found to be in violation of any of the aforementioned
provisions, a licensee shall be barred from reapplying for a license
for two calendar years.
Each license issued pursuant to this chapter
shall expire on the first day of January following the issuance thereof.
No license issued pursuant to this chapter shall
be transferable from one person to another.
The fee for a license hereunder or for a renewal
thereof shall be $250. The fee shall be payable to the Town Clerk.
Upon the return of the license to the Town Clerk
by the licensee, the license fee will be returned to the licensee
on a prorated basis, provided that the licensee has committed no acts
of misconduct during the period in which the license was in force.
A license issued pursuant to this chapter shall
cover only one tow truck.
The business name, address and telephone number
shall be permanently affixed and legibly inscribed in letters not
less than three inches high on each side of every tow truck for which
a license has been granted under this chapter.
The Town Clerk shall prepare and certify the
nonaccident roster to the Babylon Precinct Commander of the County
Police Department in the order in which the licensees are approved
for such listing. An additional fee of $200 shall be charged to be
placed upon this roster.
The tow trucks of licensees on the nonaccident
roster shall be equipped at all times with emergency flashing amber
lights visible from front and rear, a CO2 or
dry-powder fire extinguisher with a minimum capacity of 15 pounds,
a carton containing at least one dozen red railroad-type flares, a
dolly, a shovel and a broom for clearing highway of debris, if any.
All equipment shall be maintained in good condition and in satisfactory
working order.
A.
Motor vehicles not involved in accidents but which
are otherwise disabled and which are disrupting the flow of traffic
and whose owners do not otherwise request assistance from a licensee
or motor vehicles which are to be impounded for other reasons shall
be towed away by licensees from the nonaccident roster on a rotating
basis.
B.
All vehicles directed to be impounded by a police
officer will be towed to the place of impoundment designated by the
police officer.
Any licensee, as hereinbefore provided, who files with the Town Clerk on a form prescribed therefor, which shall include but not be limited to Subsections A through G, and who pays to the Town Clerk as provided in § 198-10 an additional fee of $200 shall be placed upon an accident roster which the County Police Department in the Town shall call upon to remove disabled vehicles from the scene of accidents. The licensee shall swear, under oath, as follows:
A.
That he owns, operates, maintains or uses by agreement
with another, to terminate at a time after the expiration of the period
for which the license is to be issued, a place of storage, impoundment
or repair of towed vehicles. Such place shall be located within the
limits of the Town of Babylon and owned or operated by a tower operating
within the limits of the Town of Babylon. Such place shall be maintained
in accordance with the zoning, building and fire laws of the municipality
in which it is located.
B.
That such public garage maintains twenty-four-hour
service to answer emergency calls regarding motor vehicles.
C.
That the tow truck or trucks of such licensee are
equipped with a lifting boom on the rear of the truck with a minimum
ton-and-a-half power winch, equipped with 150 feet of three-eighths-inch
steel cable, dual rear wheels, a CO2 or dry-powder
fire extinguisher with a minimum capacity of 15 pounds, a crowbar,
emergency flashing amber lights visible from front and rear, a broom,
a hacksaw, an axe, a dolly, a shovel and a carton containing at least
one dozen red railroad-type flares.
D.
That each tow truck is covered with $100,000/$300,000
automobile liability, $5,000 property damage insurance and $5,000
garage liability insurance and shall include the Town of Babylon,
its agents, servants, employees, directors and officers as additional
insureds. The certificate of insurance shall have the name of the
insurance company and the policy number. Each licensee must have valid
worker's compensation coverage or a valid worker's compensation waiver
form. All insurance documents must be current and original; no photocopies
will be accepted.
E.
That the licensee shall charge no more than the following
maximum rates for towing from the accident scene to his place of business
or to any other place within the Town designated by the owner or operator
of the motor vehicle, heavy-duty vehicle and extra-heavy-duty vehicle,
regardless of distance within the Town, when called by the County
Police Department:
[Amended 10-19-2010 by L.L. No. 30-2010]
(1)
Passenger cars.
(b)
For purposes of this section, all other times
will include holidays, i.e., New Year's Day, Lincoln's Birthday, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Election Day, Veterans Day, Thanksgiving Day and Christmas Day.
(c)
For dollying: $50. "Dollying" means, for the purpose of this section,
to remove or convey on a dolly.
(d)
For winching: $25 per 1/2 hour, or fraction thereof, up to a maximum
of $75. "Winching" means, for the purpose of this section, to hoist,
haul or push by a winch not connected to a boom.
(e)
For labor, to upright an overturned motor vehicle: $50.
(f)
For flatbed towing: In those cases where a damaged passenger vehicle
cannot be towed from an accident scene and the use of a flatbed tow
truck is requested by a police officer, the maximum rates for towing
are as follows:
(2)
Heavy-duty
vehicles.
(b)
For purposes of this section, all other times will include holidays,
i.e., New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial
Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans
Day, Thanksgiving Day and Christmas Day.
(c)
For dollying: $100. "Dollying" means, for the purpose of this section,
to remove or convey on a dolly.
(d)
For winching: $50 per 1/2 hour, or fraction thereof, up to a maximum
of $100. "Winching" means, for the purpose of this section, to hoist,
haul or push by a winch not connected to a boom.
(e)
For labor, to upright an overturned motor vehicle: $100.
(f)
For flatbed towing: In those cases where a damaged heavy-duty vehicle
cannot be towed from an accident scene and the use of a flatbed tow
truck is requested by a police officer, the maximum rates for towing
are as follows:
(3)
Extra-heavy-duty vehicles.
(b)
For purposes of this section, all other times
will include holidays, i.e., New Year's Day, Lincoln's Birthday, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Election Day, Veterans Day, Thanksgiving Day and Christmas Day.
(c)
For dollying: $100. "Dollying" means, for the purpose of this section,
to remove or convey on a dolly.
(d)
For winching: $50 per 1/2 hour, or fraction thereof, up to a maximum
of $100. "Winching" means, for the purpose of this section, to hoist,
haul or push by a winch not connected to a boom.
(e)
For labor, to upright an overturned extra-heavy-duty vehicle: $100.
(f)
For flatbed towing: In those cases where a damaged extra-heavy-duty
vehicle cannot be towed from an accident scene and the use of a flatbed
tow truck is requested by a police officer, the maximum rates for
towing are as follows:
F.
That the licensee shall respond to all calls of the
County Police Department as hereinafter provided, regardless of the
hour of the day or distance to the scene, provided that its equipment
is not otherwise employed.
G.
That the licensee shall charge a maximum of $30 per day for storage.
[Amended 8-3-2016 by L.L.
No. 10-2016]
[Amended 9-15-2010 by L.L. No. 25-2010]
The Town Clerk may remove from the duty list provided for herein any operator who the Town Clerk shall determine has failed to abide by any one of the requirements set forth in § 198-17. Within 30 days of removal from the duty list, a hearing shall be had or the operator must be put back on the duty list. If a hearing is held within 30 days of the removal of an operator from the duty list, the hearing officer may continue said removal for up to three years, suspend the operator’s license for up to three years or revoke said license for up to three years or reinstate said operator to said list with no further action required.
The Town Clerk shall prepare and certify the
accident roster to the Babylon Precinct Commander of the County Police
Department in the order, in which the licensees are approved for such
listing, of the licensees who have equipment capable of righting and
towing a vehicle up to 8,000 pounds. The extra-heavy-duty roster shall
be composed of licensees who have extra-large equipment, which equipment
is capable of righting and towing a vehicle over 8,000 pounds and
has a manufacturer's certified capacity of at least a sixteen-ton
wrecker with full air brakes and one-half-inch cable. An additional
fee of $200 shall be charged to be placed upon this roster.
The accident and extra-heavy-duty rosters provided
for herein shall be the property of the Babylon Precinct Commander
of the County Police Department. Said rosters, however, shall be posted
in a public place to be chosen by said Precinct Commander during the
hours from 9:00 a.m. to 5:00 p.m. daily, except Saturdays, Sundays
and holidays.
The Babylon Precinct Commander of the County
Police Department or his authorized agent is hereby authorized to
designate licensees from the accident roster on a rotating basis for
the purpose of towing motor vehicles from the scenes of accidents.
In the event that extra-large towing equipment is needed, he shall
designate a licensee from the extra-heavy-duty roster without changing
the licensee's place on the accident roster.
A licensee duly qualified shall have but one
place on the accident roster and/or the nonaccident roster although
he may have several licensed tow trucks in the Town. For the purposes
of this article, a garage owned by one or more individuals may have
but one place on the accident roster.
It shall be unlawful for a licensee to assign
his place on the accident or nonaccident roster to any other licensees
or other person on the accident or nonaccident roster.
A licensee who does not answer the call of the
Babylon Precinct Commander or who is not available when called shall
lose his turn on the accident roster and shall wait for the roster
to be called in its entirety before he is eligible to be called again.
A.
It shall be unlawful for any licensee on the accident
roster to willfully refuse to tow away a motor vehicle, after having
appeared upon the accident scene, or to fail to arrive at the accident
scene, after being duly designated and notified as hereinbefore provided,
regardless of the hour of day or distance to the scene of the accident,
absent good cause is shown for said refusal, such as, but not limited
to, the fact that the tow truck is otherwise employed.
B.
A conviction of violating this section shall result
in an automatic suspension from the accident roster for 60 days.
It shall be unlawful for any licensee to charge
any person more than the maximum prices set forth in the application
for a license for the towing and storage of disabled motor vehicles.
The schedule of maximum prices to be charged
by a licensee hereunder may be revised at the time application is
made for a renewal of the license.
It shall be unlawful for any person who is not
designated from the accident roster, as aforesaid, and who does not
have the prior consent and direction of the police officer at the
scene to tow away any motor vehicle which has been involved in an
accident. The police officer in every case shall determine when the
aforesaid motor vehicle shall be removed.
If more than one tow truck is needed at the
scene of an accident, the Police Department, through its authorized
agent shall call each licensee in rotation. In such event, the choice
of disabled motor vehicles to be towed shall be determined by the
licensees in the order in which the licensees where called, irrespective
of the time a licensee arrives on the accident scene. The first licensee
to appear on the scene shall, however, assist the police officer in
clearing the motor vehicles from the public highway onto the shoulders
or side of the highway.
Notwithstanding any provision contained in this
chapter to the contrary, it shall be the right of any motor vehicle
owner or operator, whose motor vehicle is to be removed by a tow truck
for any reason, to direct the location to which such vehicle shall
be towed.
A licensee called to the scene of an accident
must sweep away or clean up any debris. The cost of such removal shall
be calculated and included in the schedule of maximum towing rates
adopted by the Town Board in accordance with the provisions of this
article.
A.
Required. No vehicle involved in an accident or otherwise
disabled shall be removed without an authorization, on a form prescribed
by the Town, signed by the owner of the vehicle or police officer
in charge thereof. Such authorization shall be for the towing and
storage of the vehicle only and shall show the rates to be charged
for towing and storing said vehicle.
B.
Preservation. Such signed authorization shall be retained
by the licensee for a period of six months and shall be exhibited
upon demand to an official of the Town or any member of the County
Police Department.
C.
Form. The towing authorization required hereunder
must be in substantially the following form:
|
TOWING AUTHORIZATION
|
|
(Insert name, address and phone no. of licensee)
|
|
DATE __________
|
|
Name ________________________ (City)
|
|
Town
|
|
Address
|
|
Make and Type of Car
|
|
Year ________ State Registration No.
|
|
Towing Charges
|
|
(Amount shown on filed schedule not to exceed
$2 for each 24 hours or part thereof.)
|
|
Tow Truck Driver's Name
|
|
Address
|
|
License No.
|
|
Medallion Number of Licensee
|
|
State Registration
|
|
I authorize the towing of the above automobile
to the following place:
|
|
Signature of Owner or Police Officer in Charge
|
A.
Required. A licensee shall have prepared a pad of
bills containing a printed billhead showing the name and address of
his place of business. A licensee shall prepare a bill on this billhead
form, in duplicate, the original of which shall be furnished to the
owner of the disabled vehicle or his authorized representative.
B.
Contents. This bill must be printed in a form approved
by the Town Clerk and shall contain the following information:
(1)
The full name and address of the person engaging the
tow truck. Prominently displayed beneath the billhead and above any
form of authorization shall be the location to which the vehicle is
to be towed, unless otherwise directed by the owner.
(2)
The registration number of the disabled vehicle.
(3)
The total amount to be charged for towing and storage
rate per 24 hours or part thereof.
(4)
The full name and address of the operator of the tow
truck.
(5)
The registration number of the tow truck.
(6)
The licensee's medallion number.
The duplicate of a towing bill shall be retained
by the licensee for a period of six months. These bills shall be exhibited
upon demand of any official of the Town or any member of the County
Police Department.
Upon payment of a bill given to the owner of
a disabled vehicle or to his authorized representative, the licensee
shall acknowledge receipt of payment of such bill.
No agreement between the owner or authorized
operator of a vehicle to be towed under this chapter and a licensee
under this chapter for the preparation of an estimate of the cost
of repairs to said vehicle or for the performance of such repairs
shall be enforceable by a licensee hereunder without a signed writing
to that effect executed by the vehicle owner (not earlier than 48
hours after initial agreement) affirming such agreement.
Upon her own motion or upon any written complaint
to the Town Clerk's office, the Town Clerk may require that a hearing
be conducted by an administrative hearing officer appointed by the
Town Attorney.
A.
Permissive. Any license issued hereunder may be suspended
or revoked by the administrative hearing officer if the licensee shall
violate any provision of this article or any rule or regulation adopted
hereunder or any ordinance of the Town or be convicted of the violation
of any traffic law, ordinance or regulation of the state or of any
municipality of the state or be guilty of making a false statement
or misrepresentation in his application.
B.
Mandatory. Any license issued hereunder shall be revoked
by the administrative hearing officer if the holder thereof shall
be convicted of the commission of any crime.
C.
Hearing required. No license shall be either suspended
or revoked by the administrative hearing officer hereunder without
a public hearing thereof, held not less than 10 days after written
notice thereof shall have been given to the licensee, either in person
or by registered mail, addressed to the licensee at the address shown
upon the most recent application of the license.
D.
Administrative hearing officer. The Town Attorney
may appoint an administrative hearing officer to conduct an appeal
hearing on the suspension or revocation of the license. The hearing
officer shall either revoke or suspend the license or dismiss the
charges.
[Amended 8-10-2010 by L.L. No. 23-2010]
E.
The Town Clerk may make an emergency suspension of
any license under circumstances where she believes said licensee is
a danger to the health, welfare or security of the community. Said
suspension shall remain in effect until a hearing is conducted. A
hearing must be conducted within 30 days of any emergency suspension.
A.
Date; time; place. 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 Town Attorney.
[Amended 8-10-2010 by L.L. No. 23-2010]
B.
Notice. The Town Attorney shall give notice thereof,
stating the name and address of the applicant or licensee concerned,
the subject matter of the hearing and the date, place and hour thereof
designated therefor by mailing a copy thereof to the applicant or
licensee concerned at the address shown upon the most recent application
of such applicant or licensee at least 10 days before such hearing.
[Amended 8-10-2010 by L.L. No. 23-2010]
C.
Regulations. The administrative hearing officer may
suspend or revoke any license or permit under the circumstances set
forth herein.
(1)
Noncompliance: any violation of the provisions of
this article, or any reason for which the original application could
have been disapproved, including, but not limited to, an unacceptable
business record based on a review of past complaints.
(2)
Criminality: conviction of any crime or misdemeanor
which, in the judgment of the administrative hearing officer, renders
the licensee or vehicle unfit.
(3)
Deception: fraud, misrepresentation or false statements
contained in the application for license or made in the course of
conducting towing for hire.
(4)
Improper conduct: conducting towing for hire in an
unlawful manner or in such a way as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
D.
Rights of parties. Upon any hearing, the applicant
or licensee involved shall be entitled to be represented by legal
counsel and to present such competent and material testimony or other
evidence in his own behalf as may be relevant to the subject matter
of the hearing.
E.
Examination of witnesses. All witnesses shall be sworn
and examined under oath.
Every owner, upon the sale or other disposition
of a licensed tow truck, shall, within 24 hours, notify the Town Clerk
of such sale or other disposition and surrender the license or licenses.
[Amended 5-25-2010 by L.L. No. 4-2010; 4-27-2022 by L.L. No. 10-2022]
A.
Any person
who shall violate any of the provisions of this article shall be guilty
of a Class A misdemeanor and, upon conviction thereof, shall be punishable
by a fine of not less than $5,000 and not more than $10,000 or imprisonment
for a period not to exceed one year, or both.
B.
Upon application
of the Town Attorney's office (Special Prosecutor), any offense based
on a violation of this article may be reduced to an "attempted offense"
as established by the New York State Penal Law § 110.00.
Penalties for the reduced charge of attempt shall be:
(1)
Any
person who shall attempt to violate any of the provisions of this
article shall be guilty of an offense and, upon conviction thereof,
a fine of not less than $2,000 nor more than $5,000 must be imposed
and a term of imprisonment for a period not to exceed 15 days may
be imposed, or both.
C.
Any person
found by the Bureau of Administrative Adjudication to have violated
any of the provisions of this article shall be subject to a monetary
penalty of not less than $2,000 nor more than $10,000.
