[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 1-17-2006 by L.L. No. 1-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 43.
[1]
Editor's Note: This local law also repealed
former Ch. 185, Towing, adopted 5-12-1992 by L.L. No. 3-1992, as amended.
The Village of Monroe hereby determines that
providing regulations for the prompt and safe removal of disabled,
abandoned, and impounded vehicles from public roadways within the
Village is necessary for the public health, safety and general welfare
of the residents and traveling public within the Village. This chapter
will not supersede any specific orders issued by police agencies addressing
specific situations (such as vehicles impounded for criminal investigation
purposes). This chapter shall apply only to the rotating tow lists
for towing agencies summoned by the Village of Monroe Police Department
for the purpose of removing vehicles due to impounds, motor vehicle
accidents, disabled vehicles, abandoned motor vehicles, or motorists
requesting a service call.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
Any incident or occurrence in which one or more vehicles
contact each other or other objects, thereby causing personal injury
or property damage.
The driving of a wrecker along any road, street or highway
Village for the purpose of soliciting business in the Village.
Any person driving a tow truck for hire upon public roadways.
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, carrying or removing of
a vehicle, including any case where any person makes repairs on a
towed vehicle for compensation, even if no charge is expressly imposed
for towing such vehicle.
A secured fenced-in area for at least five towed or impounded
vehicles. The license holder must have the ability to store at least
two vehicles inside a building or garage on the facility premises.
Owned, rented or leased.
Includes an individual, partnership, any incorporated association,
a corporation or any other entity.
A request for assistance from a tow truck that does not involve
towing but is limited to rendering emergency assistance for such categories
as battery charges, fiat tires, lockouts or gasoline.
The moving or removing of disabled motor vehicles or abandoned
motor vehicles by another vehicle for hire at the request of any entity
of the Village of Monroe. Towing includes recovery unless the context
indicates otherwise.
The act of using a motorized cable on a tow wrecker to pull
a vehicle for any purpose including, but not limited to, aligning
a vehicle that is sideways, overturned, off road in a ditch or embankment,
a vehicle that is locked in the parking gear and no keys are available,
or a vehicle that has suspension/axle damage which will not allow
the vehicle to roll off the flatbed. Winching shall not apply to vehicles
being pulled onto a wrecker from the street.
[Added 7-24-2018 by L.L.
No. 6-2018]
A vehicle registered as a tow truck and used for the purpose
of towing or carrying another vehicle that has been or is involved
in an accident, disabled, abandoned or illegally parked.
A.
Cruising shall be defined as driving along the public
streets or roadways solely for the purpose of soliciting towing or
repair work, without having been first called or otherwise requested
to provide service. Cruising for the purpose of soliciting towing
or repair work shall be unlawful.
B.
The stopping of any truck or service vehicle within
500 feet of the scene of any accident or disabled vehicle on any public
street or highway in the Village of Monroe without the prior authorization
of a member of the Village of Monroe Police Department, the operator
of the vehicle, or the owner of the vehicle shall be presumptive evidence
of the intent of the operator of a tow truck or service truck to solicit
towing or repair work, except if the owner flags down a passing tow
or service truck.
A.
It shall be unlawful for any person to engage in the
business of towing for the Village of Monroe unless a license shall
have first been obtained.
B.
Exception. Tow operators without a license from the
Village of Monroe may enter the Village of Monroe to remove a motor
vehicle when a situation exists when a licensed tow truck operator's
wrecker does not have the capacity to handle the vehicle to be removed;
or upon the owner's request at the scene of an accident or disabled
vehicle.
A.
Applications for licenses issued hereunder shall be
made upon forms prepared and made available by the Village of Monroe
Clerk's office and shall include:
(1)
The name, home address and actual business address
of the applicant and whether he or she is the owner or lessee.
(2)
A description of the wrecker for which the license
is desired, including the year, make, model, type, registration number,
type of registration, VIN, highway usage permit number, and DOT number
(if applicable).
(3)
Copies of driver's licenses for every operator of
every tow vehicle.
(4)
Proof of insurance in the form approved by the Village of Monroe Board and in accordance with § 185-10 of this chapter.
(5)
Any other relevant information which the Village Board
or Chief of Police may require from time to time as it deems appropriate.
B.
All applicants must be a New York State licensed repair
shop in good standing, and the licensed shop must be located at the
same site as the impound/storage facility.
C.
All license holders are required to take credit cards,
money orders or cash for all tow list services.
[Amended 2-19-2019 by L.L. No. 3-2019]
[Amended 7-24-2018 by L.L. No. 6-2018]
A.
Within
seven days after receipt of an application as herein provided, the
Chief of Police shall cause an investigation to be made of the applicant
and of his proposed business operation to be licensed.
B.
Within
30 days of approval of the towing application, the Chief of Police
shall cause a terminal inspection of all licensed wrecker(s) to be
scheduled and may delegate the aforesaid inspection to any police
officer who is trained and certified by the New York State Department
of Transportation as a commercial vehicle inspector or by an independent
New York State Department of Transportation Certified Commercial Vehicle
Inspector. The inspector shall report to the Chief of Police whether
the wrecker(s) is/are in a thoroughly safe and sanitary condition.
Any licensed wreckers that are not in compliance will be taken out
of service until all violations have been corrected and reinspected.
A.
The Chief of Police shall approve the issuance of
a license upon making the following findings:
(1)
That there has been total compliance with the requirements
of this chapter and all other governing laws, statutes and ordinances.
(2)
That the tow vehicle has been properly registered
and inspected by the State of New York and has the necessary stickers
affixed. No tow vehicle which is using dealer license plates shall
be licensed as a wrecker.
(3)
That the insurance policies or certificates required
herein have been procured and supplied and are in effect.
(4)
That the applicant maintains its repair shop and impound/storage
facility within 1/2 mile of the Village boundary line and that such
facility meets the criteria as required.
(5)
That the required impound area has the capacity to
store a minimum of five motor vehicles outside within a secured area
surrounded by a fence with a minimum height of six feet as well as
space to accommodate two vehicles in an inside secured area. All towing
company premises, including the location of the towing company and
impound yard, shall be in compliance with all local zoning, building,
fire and safety codes as certified by the Building Inspector.
[Amended 7-24-2018 by L.L. No. 6-2018]
(6)
That the applicant is capable of collecting impound
and storage fees at the impound facility where such vehicles are stored.
(7)
Applicants shall be available for calls, impound or
service, 24 hours a day, seven days a week, including holidays.
(8)
A towing company shall be responsible for all damage
done to a vehicle, including thefts from the vehicle, while it is
under control of the towing company.
(9)
That the applicant has the capability of removing
abandoned vehicles in any and all conditions (locked, no wheels, etc.).
(10)
That the applicant shall remove any vehicle that the
Police Department may lawfully direct it to so do and shall store
the same at its storage facility until said vehicle is reclaimed by
the lawful owner, or is otherwise disposed of according to law.
(11)
That the applicant shall not make any repairs to any
vehicles towed or removed by it by order of the Police Department
without first receiving written authorization of the owner thereof
or his authorized agent.
(12)
The licensee shall not assign, transfer, convey or
subcontract the license or any part thereof unless it has the prior
written consent of the Village Board.
B.
Impounded vehicles shall not be released under any
circumstances unless authorized in writing by the Village of Monroe
Police Department.
C.
Access to personal property on or inside a vehicle
which has been towed and is stored by the licensee will be permitted
with the approval of the Village of Monroe Police during normal business
hours. A licensee shall not withhold personal property or access thereto
in order to obtain satisfaction of towing or impound fees.
D.
An annual towing license to operate a towing business
in the Village of Monroe shall be determined by resolution of the
Board of Trustees upon a public hearing duly noticed not less than
five days prior and may be modified from time to time in the same
manner.
[Amended 7-24-2018 by L.L. No. 6-2018]
A.
Upon the approval of the Chief of Police, the Village
Clerk shall issue a license to the applicant, a copy of which must
be kept in all towing vehicles while conducting operations under the
license.
B.
The term of said license shall be from January 1 to
December 31 and shall take effect on the first day of the month following
issue, which fee shall be prorated to reflect the month in which the
license was issued.
[1]
Editor's Note: This local law also provided
that any license issued prior to the adoption of L.L. No. 3-2006 shall
be prorated in accordance with the revised expiration date (formerly
May 31).
C.
Licenses are not transferable, delegatable or assignable.
On each side of every tow vehicle, the license
holder shall display, or cause to be displayed by painting, or other
similar permanent means, the name, address, and phone number of the
licensee by letters and numbers which must contrast in color and be
legible during daytime hours, from a distance of 50 feet away. The
owner shall also display or cause to be displayed the towing license
in a location easily observed from the rear of the tow vehicle.
A.
No tow vehicle shall be licensed hereunder, nor shall
any licensed tow vehicle be operated within the Village, unless there
shall be deposited with the Village Clerk the following insurance
policies or certificates of insurance:
(1)
Auto garage keeper's legal liability policy covering
fire, theft, and explosion in the minimum amount of $50,000, with
each accident deemed a separate claim, naming the Village of Monroe
as insured. Proof of the Village's insurability shall be submitted
to the Village Clerk prior to the issuance of a permit.
(2)
Auto garage legal liability policy covering the operation
of the licensee's equipment, or tow vehicle for any bodily injury
or property damage. This policy will be in the amount of $1,000,000
per person and $3,000,000 per accident, and naming the Village of
Monroe as insured. Proof of the Village's insurability shall be submitted
to the Village Clerk prior to the issuance of a license.
B.
Each policy herein must contain an endorsement providing
30 days' notice to the Village in the event of any material change
therein or intention to cancel said policy for any cause. In the event
that any policy is changed so as to fail to conform to any of the
above requirements or if any policy or insurance is to be canceled
for any reason, the Village Clerk shall notify the person responsible
for the policy, and it shall be corrected or reinstated or replaced
with the conforming policy within 30 days after notice is received
by the Village, but before the date of cancellation. If the policy
or certificate is not corrected, reinstated or replaced within 10
days prior to the date of cancellation, the Village Board or Chief
of Police shall immediately suspend the towing license and shall pick
up from the owner all indications of licensing, including any stickers,
cards or other means of identification.
No person who is under the age of 18 years shall
drive a tow vehicle. Tow vehicle operators must possess a valid driver's
license for the class of vehicle that is being operated, along with
the tow truck endorsement, and be experienced in the towing of vehicles.
[Amended 7-24-2018 by L.L. No. 6-2018]
The type of equipment that shall be contained
on tow wreckers shall be determined by resolution of the Board of
Trustees and may be modified from time to time in the same manner.
Said equipment shall include, at a minimum, emergency flashing amber
lights visible from front and rear, a CO2 or
dry-powder fire extinguisher with a minimum capacity of five pounds,
one container of oil-absorbing material with a minimum capacity of
five gallons, a carton containing at least one dozen red railroad-type
flares, reflective vests, a shovel and a broom for clearing the highway
of nonhazardous debris, if any, screwdrivers, pliers and a crescent
wrench. All equipment shall be maintained in good condition and in
satisfactory working order.
[Amended 7-24-2018 by L.L. No. 6-2018; 3-16-2021 by L.L. No. 3-2021]
It is hereby declared and found that the rates and charges imposed
for the towing of disabled motor vehicles in the Village of Monroe
is a matter affecting the public interest and consequently should
be subject to supervision and administrative control for the purpose
of safeguarding the public against fraud, exorbitant rates and similar
abuses. Charges for the transportation, hauling or service of disabled
or impounded vehicles shall not exceed the rates established by the
Monroe Village Board, which rates may be reviewed annually by the
Police Department and the Monroe Village Board with input from licensed
tow agencies.
A.
A schedule of towing/impound rates applying to all
tow call list services shall be determined by the Board of Trustees
by resolution upon a public hearing duly noticed not less than five
days prior and may be modified from time to time in the same manner.
No licensee may charge for towing services, cleanup or storage covered
by this chapter.
B.
Said schedule
of charges shall not apply to the towing of motor trucks or special
equipment exceeding a one-and-one-half-ton capacity.
C.
A licensee shall not require that a vehicle be towed
to any particular shop for repairs, but may tow the vehicle to any
location designated by the operator of the towed vehicle. The tow
company may refuse to tow to any location other than its yard if there
is no one at the alternate location to accept control and responsibility
for the vehicle or if weather conditions or some other articulable
factor makes it unsafe or impractical to do so.
D.
No licensee shall induce or require any operator of
any motor vehicle being charged for towing or other services to execute
a waiver of liability for damages to his vehicle caused by the licensee,
and no such waiver of liability shall be legally enforced. This shall
not apply in cases of off-road recovery or lockouts.
E.
No yard charges will be assessed for moving of vehicles
while in the licensee's possession. Vehicles must be available for
release at the rates approved by the Village Board, Monday through
Friday between the hours of 8:00 a.m. and 6:00 p.m. and Saturday between
the hours of 8:00 a.m. and 12:00 noon. An additional charge of $50
may be imposed for release of the vehicle after those hours as well
as Sundays and holidays. The determination to open after hours for
the purpose of releasing vehicles will rest solely with the licensee.
F.
A license holder may not solicit owners for permission
to tow to lots or locations other than its designated impound/storage
lots. Without an owner's request or written permission all tows must
be to the license holder's designated lot. Failure to do so is a violation
of the license requirements.
A.
A licensee performing towing services for the Village
or requested by a police officer shall perform on a rotating basis.
When the owner or operator of a disabled vehicle requests a particular
tow company, that tow company shall be called and no tow vehicle shall
be assigned from the rotating tow list. No licensee shall respond
to the scene of an accident except upon notification by the police
officer in charge, police headquarters, or upon the request of the
owner or operator of a disabled vehicle. The rotating tow list will
be on a week-by-week basis. The week will begin each Monday at 0001
hours and will end Sunday at 2400 hours.
B.
A licensee shall be required to respond to the scene
within a maximum of 15 minutes during the hours of 8:00 a.m. to 6:00
p.m. and within 25 minutes during the hours of 6:00 p.m. to 8:00 a.m.
from the time he is notified of a call by the Police Department. These
hours include weekdays, weekends, and holidays. A licensee who does
not answer a telephone call for assistance or who advises that he/she
is unable to send a tow for any reason shall forfeit the remainder
of that week and their next full on-call week on the towing roster.
A licensee who fails to arrive at the designated location where assistance
is requested within the time frames established shall forfeit the
remainder of that week and their next full on-call week on the towing
roster. Three such violations in one calendar year shall result in
the licensee being suspended, without a hearing, from the rotating
list, including the heavy-duty list, for a period of six months.
[Amended 7-24-2018 by L.L. No. 6-2018]
C.
The Monroe Police Department shall keep two separate
and independent tow lists. The first list will be for all vehicles
with a gross vehicle weight rating or actual weight under 10,000 pounds.
The second list, which shall be known as the "heavy duty list," shall
be for all vehicles with an actual or registered weight of 10,000
pounds or over.
D.
Only one assumed name per entity/NYS Repair Shop License
will be allowed on the rotating tow lists, multiple D/B/As from one
business, corporation or address will not be placed on the list if
it can be shown they are one in the same.
[Amended 3-16-2021 by L.L. No. 3-2021]
A.
Each towing
firm responding to a call for service must supply the owner/operator
of the vehicle who is at the scene with a card containing the tow
firm's business name, address, telephone number, hours of operation,
a written estimate of the expected charges and the accepted manner
of payment.
B.
Each towing
firm responding to a call for service shall provide a copy of the
invoice generated to the Police Department within 30 days of the call.
In addition, upon request of the Chief of Police, each towing firm
shall make available copies of any tow, storage, or invoice generated
as a result of service calls.
Nothing provided herein shall be construed to
prevent the Village of Monroe from contracting with a particular tow
service for services to be provided in lieu of relying on a rotating
list as provided whenever the Police Department and the Village Board
determine the best interest of the Village so requires.
The Police Department shall have the power to
require tow vehicles to remove vehicles where:
A.
There is obstruction of a public right-of-way or private
property pursuant to vehicle and traffic laws.
B.
A vehicle has been vandalized or presents a fire or
safety hazard or is an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
An abandoned vehicle is not licensed or operable.
E.
A vehicle is violating any emergency no parking provisions
as set forth in the Village Code.
F.
Any other condition where permitted or required by
law.
[Amended 7-24-2018 by L.L. No. 6-2018]
A licensee called to the scene of an accident
must, in accordance with the New York State Vehicle and Traffic Law
§ 1219(c), at the scene, sweep away or clean up any nonhazardous
debris, provided that he is furnished with police protection against
moving vehicles at the scene. There shall be no charge by the licensee
for the normal cleanup of debris resulting from the accident. The
licensee shall be able to charge their hourly shop rate, per employee
at the scene, for any cleanup over 30 minutes, such as the removal
of cargo from a vehicle or roadway.
A.
It shall be unlawful for any person to service a motor
vehicle at or removed from the scene of an accident where the police
officer requires or requests that an examination be made of the damaged
vehicles to determine whether the vehicle was defective or where the
police officer requires photographs or diagrams of the vehicle or
scene.
B.
It shall be unlawful for any tow company or tow operator
to move, remove, or tow away any motor vehicle involved in an accident
without first notifying the Village of Monroe Police of the motor
vehicle accident and obtaining their approval to move or remove said
vehicle involved in any such accident.
C.
Failure to maintain good standing as a New York State
licensed repair shop will result in being suspended from the tow list
until the shop returns to good standing.
[Amended 3-16-2021 by L.L. No. 3-2021]
A.
Investigation. The Chief of Police or his designated
agent shall conduct an investigation into any complaints involving
towing operators.
B.
Power to suspend or revoke. The Chief of Police or
his designated agent may suspend or revoke any towing license for
a violation of this chapter, or for a violation of any other state
or local law or for any conduct which violation or conduct poses an
unreasonable risk to the safety or welfare of specific individuals
or the general public.
C.
Notice. A notice of suspension or revocation of the license and the
reason(s) therefor, including all supporting documentation and reports,
shall be served by the Chief of Police or his designated agent upon
the person named in the license or by mailing the same to the address
given in the license by certified mail. A copy of such notice shall
be filed with the Village Clerk with proof of service or mailing.
D.
No refund of fees. When a license shall be suspended or revoked,
no refund of any unearned portion of the license fee shall be made.
E.
Term of suspension or revocation. The suspension of a license by
the Chief of Police or his designated agent shall result in the forfeiture
of licensee's place on the towing roster for the remainder of that
week and the next full on-call week, running from the date of the
service of the notice upon the license holder. Three such violations
in one calendar year shall result in the licensee being suspended,
without a hearing, from the rotating list, including the heavy-duty
list, for the remainder of the week in which the suspension is issued
and the next three successive full on-call weeks. If the suspension
or revocation is the result of licensee's failure to properly maintain
vehicles and/or equipment, until such time as the licensee cures the
defect.
F.
Grounds for suspension. No license issued under this chapter shall
be suspended or revoked without cause. Cause shall include, but shall
not be limited to:
(1)
Failure
to properly maintain vehicle and/or equipment, both physically and/or
mechanically, pursuant to the requirements of this chapter.
(2)
Failure
of licensee to answer a telephone call for assistance or who advises
that he/she is unable to send a tow for any reason.
(3)
A
licensee who fails to arrive at the designated location where assistance
is requested within the time frames established herein.
(4)
Violation
of any provision of this chapter.
G.
Grounds for revocation. No license issued under this chapter shall
be revoked without cause. Cause shall include, but shall not be limited
to:
(1)
Knowingly
filing a false application.
(2)
Any
arrest or conviction of a licensee for a criminal offense committed
by such person during or in relation to towing operations.
(3)
Any
licensee who operates any tow vehicle with a suspended registration.
(4)
The
suspension or revocation of an operator's New York State driver's
license by the New York State Department of Motor Vehicles.
(5)
Operation
of a tow truck without the insurance required by this chapter, for
illegal purposes, or in violation of the law.
(6)
Repeated
violations of this chapter. As intended herein, "repeated violations"
shall include four suspensions issued within one calendar year.
H.
Review of suspension or revocation. Within two business days of receiving
the notice, the licensee may request a meeting with the Chief of Police
to discuss said suspension or revocation and to offer any evidence
to refute the charges. Said request shall be in writing and the aforementioned
meeting shall be held within five business days of receipt thereof.
If the Chief is unavailable, the meeting may be delegated to the Chief's
designated agent. The suspension or revocation shall be tolled until
such meeting has occurred and the Chief of Police has rendered a written
final determination as to whether to uphold, modify or withdraw the
suspension or revocation. Such final determination shall be rendered
no later than five business days from the date of the meeting. Unless
withdrawn, the suspension or revocation shall be enforced immediately.
A licensee's failure to request a meeting or appear at said meeting
shall constitute a waiver of the licensee's right to contest the suspension
or revocation.
I.
Opportunity to be heard by the Board of Trustees. Within five business
days of the Chief of Police's final determination as set forth above,
the licensee may request an opportunity to be heard before the Board
of Trustees and shall be placed on the agenda of the next scheduled
Village Board meeting. The suspension or revocation shall not be tolled.
The Board of Trustees may request the Chief of Police or his designated
agent to appear at that meeting. Upon consideration of the matter,
but no later than 15 business days after the licensee has appeared,
the Village Board shall render a final decision whether to uphold,
modify or lift the suspension or revocation.
[Amended 3-16-2021 by L.L. No. 3-2021]
Any licensee aggrieved by a decision of the Village Board pursuant
to this chapter may apply to a court of competent jurisdiction for
relief. Such proceeding shall be governed by the provisions of Article
78 of the Civil Practice Law and Rules, except that it must be instituted
as therein provided within 30 days after service of the Village Board's
decision on the licensee alleged to be aggrieved.
A.
Any person who shall violate any of the provisions
of this chapter shall be guilty of an offense and shall also be subject
to a civil penalty. Each incident of such violation shall constitute
a separate offense and violation.
(1)
Any person committing an offense against any provision
of this chapter shall, upon conviction, be punished by a fine of not
more than $250 or imprisonment for a term not exceeding 15 days, or
both.
(2)
Any person violating any provision of this chapter
shall be subject to a civil penalty not to exceed $3,000 for each
such violation.
[Amended 3-16-2021 by L.L. No. 3-2021]
B.
The Village Board may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter and may pursue any other remedy provided for by law.[1]
[1]
Editor's Note: Former Subsection C, regarding suspension or
revocation of a license, which immediately followed, was repealed 3-16-2021 by L.L. No. 3-2021.
A.
The Police Department shall be responsible for enforcement
of any violation of this chapter.
B.
The Police Department shall be responsible for performing
background checks on all individual applicants, partners, officers,
principals or agents of applicants, but nothing shall be interpreted
to require the Police Department to perform checks beyond those which
it is authorized or has the capacity to perform.
C.
The Police Department shall periodically inspect each
licensee's vehicle for compliance with this chapter.
D.
The Chief of Police is empowered to adopt departmental
regulations to implement the enforcement of this chapter.
