[Amended 1-14-2015 by L.L. No. 6-2015]
It shall be unlawful for any person to engage
in towing for hire within the Town of Huntington without first securing
a license from the Town Clerk for the category of business to be conducted,
as follows:
A.
Class A: General. A lawful terminal, whether located within the Town
or elsewhere, may be issued such a license for the general purposes
of responding to calls for assistance directly from owners and/or
operators of vehicles needing transport to any destination.
B.
Class B: Police Response. A lawful depot, located within the Town,
may be issued such a license for the purposes of responding to calls
for assistance either from Police or directly from owners and/or operators
of vehicles needing transport to any destination, or for private enforcement
purposes.
A.
Application. Applications for a license or license
renewal required herein shall be filed with the Town Clerk, on a form
supplied by the Town Clerk. Said application shall be in the form
of a sworn affidavit by the applicant, stating that all information
is true and accurate to the best of their knowledge and belief, including
the information set forth herein.
(1)
Personal information.
(a)
Name, address (local and legal, if different),
telephone number and social security number, including maiden name
where applicable.
(b)
Place of residence (local and legal, if different)
for the past five (5) years, if different from above.
(c)
Age, height, weight, eye and hair colors, place
and date of birth, marital status.
(d)
Convictions for felonies or misdemeanors, or
violations of municipal codes (except municipal traffic and/or parking
violations), and if so, in what court, when, where, upon what charges
and the sentence of the court, including the docket, index, indictment
or file number in such court.
(e)
For identification purposes, whether applicant
is a citizen of the United States; if citizenship obtained by naturalization,
date and place where obtained; if an alien, and proof of legal entry
into the United States.
(f)
A signed statement that the applicant has read
and understands the provisions of this chapter and will abide by them
if issued a license.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Business information.
(a)
Name, address, telephone number of business,
located within the Town.
[Amended 1-14-2015 by L.L. No. 6-2015]
(b)
Place of business and/or employment for the
past five (5) years, including names and addresses, if different from
above, and any experience in towing for hire.
(c)
Any previous licenses held in any occupation,
and if so, when, where, for what period, and whether said licenses
were ever revoked or suspended and the date of and reason for revocation
or suspension.
(d)
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;
New York sales tax identification number for all persons, corporations,
partnerships, associations or other business entities.
(e)
Name, address, telephone number and title of
the person designated to accept process of service or other legal
notices.
(f)
Address and telephone number of location at
and from which vehicles of, and vehicles towed by, the business are
to be dispatched and transported.
(3)
Forms. Copies of all required by the provisions of
this chapter for conducting the business of towing for hire, including
but not limited to tow and repair authorizations and billing.
(4)
Miscellaneous information. Any additional information
the Town Clerk shall deem necessary for the purpose of administering
the provisions of this chapter or to assist in determining the applicant's
fitness to engage in the business of towing.
B.
Examination. At the discretion of the Town Clerk,
before issuance of a license, the Town Clerk may require the applicant,
and any others having knowledge of any facts, to submit to an examination
under oath, and to produce evidence relating thereto.
[Amended 12-4-2007 by L.L. No. 46-2007]
C.
Inspection. No license shall be issued or renewed until the business
premises to be used by the proposed licensee shall have been inspected
by the Town and found to be in conformance with all provisions of
this chapter.
[Amended 1-14-2015 by L.L. No. 6-2015]
D.
Issuance. No license required by this chapter shall
be issued until all prescribed fees have been paid and the application
has been approved by the Town Clerk.
E.
Modification. Any change in circumstance with regard
to information required hereinabove shall be reported to the Town
Clerk within thirty (30) days of occurrence.
[Amended 1-14-2015 by L.L. No. 6-2015]
Licensees are responsible for ensuring that
they, and their employees and operators (as applicable), take such
training course as may be prescribed, from time to time, by any applicable
laws, specifically designed to educate and familiarize them with customary
safety standards. Evidence of satisfactory completion of such courses
shall be filed with the license application. Current licensees shall
file proof that such courses are regularly attended and/or have been
satisfactorily completed.
These regulations are mandatory and are the
responsibility of licensees as to owners, vehicles, operators and/or
employees during all times and operations of the business.
A.
Compliance, generally. Licensees shall be in compliance
with this chapter and all other applicable laws, including but not
limited to those concerning vehicles, traffic and parking.
B.
Business changes. Licensees shall report to the Town
Clerk, within seven (7) days, any changes regarding business location
or designee for process of service or other legal notices.
C.
Business facilities.
(1)
License related. Licensees shall maintain a legally permitted [terminal
and those further facilities required for the category of license
they hold, as follows:] depot, and a legally permitted public garage
or automotive body or repair shop or service station within the Town.
In the case of a Class B license, the depot and the garage, shop,
or service station must be at the same location.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Proprietorship. Licensees shall provide proof of ownership
of said facilities or a written lease agreement therefor with a term
at least as long as the term of their license. In no event shall a
licensee occupy or share the same premises with another towing business.
D.
Rates. Licensees shall file with the Town Clerk a
copy of their Schedule of Rates for posting on the back of the certificate
of operation for each vehicle of the business and at their terminals,
exhibiting maximum rates set forth in this chapter and additional
rates for services not restricted herein.
E.
Identification devices. Licensees shall post all identification
devices as prescribed in this chapter and shall report to the Town
Clerk, within twenty-four (24) hours, loss, theft, mutilation, marring
or alteration of any such devices.
F.
Written logs. Licensees shall maintain all written
logs as prescribed in this chapter.
These activities are unlawful and are the responsibility
of licensees as to owners, vehicles, operators and/or employees during
all times and operations of the business.
A.
Noncompliance, generally. Licensees shall not be in
violation of this chapter or any other applicable laws, including
but not limited to those concerning vehicles, traffic and parking.
B.
Attention-seeking devices. Licensees, or persons on
their behalf, shall not use loudspeakers, noisemaking and/or other
attention-seeking devices upon any street, road, highway, alley, park
or other public place within the Town for the purpose of attracting
attention to solicitation of business or for any other purpose, unless
specifically required by law.
[Amended 1-14-2015 by L.L. No. 6-2015]
C.
Brokering or selling of repair jobs. Licensees, or
persons in their employ or on their behalf, shall not broker or sell
repair jobs for vehicles their business has towed, and in no event
shall they receive consideration of any kind for recommending or forwarding
such a vehicle to another party for repair.
D.
Invalid documents. Licensees shall not allow operation
of any vehicles of the business while requisite Town, state or federal
documents of any nature are not in effect, have expired or been suspended
or revoked, as they apply to owners, vehicles or operators.
[Amended 1-14-2015 by L.L. No. 6-2015]
E.
Solicitation of business. Licensees shall not allow
operation of any vehicles of the business for the purpose of soliciting
towing work and shall not monitor, neither directly nor indirectly,
the police radio of the Suffolk County Police Department for said
purpose.
F.
Unauthorized uses. Licensees shall not allow use of
their license or any vehicles of the business by any unauthorized
person.
