[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston
2-8-1993 as L.L. No. 1-1993 (Ch. 134 of the 1980 Code). Amendments noted where
applicable.]
It is hereby declared and found that it is of vital importance to the
traveling public that disabled vehicles are removed from the highways as promptly
as possible; that any delay in such removal may result in retarding the movement
of traffic unnecessarily and may cause street accidents; and that the towing
of motor vehicles from public highways and private property within the village
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 and the imposition of exorbitant towing charges or
any similar abuse.
Unless otherwise expressly provided, for the purposes of this chapter,
the following words shall have the meanings herein indicated:
Any person driving a tow truck for hire within the village.
The control and direction of the use of a vehicle for towing to or
from places within the village.
A person owning, leasing or controlling one (1) or more tow trucks
or driving, operating or causing any such vehicle to be operated for hire
within the village.
An individual, partnership, corporation, association or other entity.
To entreat, to approach with a request or plea, to urge strongly,
to accost or to try to obtain by asking.
The moving or removing of a disabled or abandoned motor vehicle by
another vehicle for hire.
A vehicle which either is towing or is equipped with a crane, winch
or similar device designed to raise, remove, push, pull or carry a motor vehicle
or the front or rear end thereof. For the purposes of this definition, the
following shall not be considered a "tow truck":
A vehicle owned or operated by a governmental agency.
A vehicle being used exclusively for towing motor vehicles which are
owned, leased or operated by the owner or lessee of the towing vehicle or
by a person affiliated with the owner or lessee of the towing vehicle, and
which towing vehicle has legibly inscribed on each of its sides, in letters
no less than three (3) inches high, the legend "not for public hire."
A.
It shall be unlawful for any person to operate any tow
truck owned or controlled by such person or permit the same to be operated
within the village without first having obtained and then having in force
an owner's license therefor issued by the Town of North Hempstead.
B.
It shall be unlawful for any person to operate a tow
truck for hire within the village as a driver or in connection therewith unless
such driver shall first have obtained and then have in force a license issued
by the Town of North Hempstead.
C.
It shall be unlawful for any person to operate any tow
truck for hire in the village as a driver or in any other capacity unless
such operation is performed in such manner and under such circumstances as
would be lawful if it were conducted in an unincorporated area of the Town
of North Hempstead.
A.
It shall be unlawful for any person to drive along any
street or bridge in the village and solicit towing work or to solicit towing
work in any public place in the village.
B.
It shall be unlawful for any operator, driver or other
occupant of a tow truck to solicit towing work while parked or standing on
any street or bridge in the village.
C.
It shall be unlawful for any tow truck operator or driver
to stop, stand or park at the scene of an accident or disabled or abandoned
motor vehicle without lawfully having been requested or notified by the police
to do so. Responding to a call upon notification from gas station attendants,
taxicab drivers or other persons not legally authorized to provide such notification
shall be in violation of this section.
