[HISTORY: Adopted by the City Council of
the City of Jamestown 6-14-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 175.
A.
The Chief of Police shall appoint persons, firms or
corporations meeting the criteria set forth in this chapter and engaged
in the business of offering the services of motor vehicle towing or
wrecker service, whereby damaged, abandoned, hazardous, disabled or
illegally parked motor vehicles are towed or otherwise moved from
the place where they are damaged, abandoned, hazardous, disabled or
illegally parked, by use of a tow vehicle as defined in this chapter.
Such persons, firms or corporations shall be known as "official towers."
B.
Official towers shall be identified by means of a
license that shall be used in accordance with the provisions of this
chapter.
C.
All applicants for a tower's license shall submit
their applications at least 60 days prior to the commencement date
for each one-year license period, and such application shall be reviewed
in accordance with the procedures set forth in this chapter. The award
of a license to an applicant shall be subject to compliance with the
licensing requirements of this chapter.
D.
For the purposes of the licenses awarded pursuant
to this chapter, in the year which it is adopted, the initial term
of the license shall be from the date the license is issued until
December 31, 1999. Licenses issued thereafter shall be for a one-year
period commencing on January 1 of the year in which it is issued and
terminating on December 31 in the year in which it was issued.
A.
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair service to motor vehicles
damaged or disabled within the limits of the City of Jamestown when
requested to do so by the Chief of Police or his authorized designee.
B.
No official tower shall subcontract any towing to
be performed pursuant to this chapter without having first obtained
prior written approval from the Chief of Police. Any official tower
to whom approval to subcontract work has been given shall be responsible
for the services performed by the subcontractor and shall remain liable
for any violation of the provisions of this chapter by the subcontractor.
Under no circumstances shall an official tower subcontract any towing
without the subcontractor having first obtained the liability insurance
required by this chapter.
[Amended 10-16-2000; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Applications for inclusion on the official towers'
list shall be made to the City Clerk/Treasurer upon a form prepared
by the Chief of Police and approved by the Corporation Counsel and
shall contain the following information:
A.
The name, date of birth, residence and business address
and business telephone number of the owner of the towing company.
If the owner is a corporation, the application shall contain the name,
residence and business address and telephone number of every stockholder
owning more than 25% of the issued stock. The name, date of birth
and residence of any operator of the towing vehicle or vehicles.
B.
Such information as may be required by the Chief of
Police concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, demonstrating that the
applicant meets the minimum standards of performance required by this
chapter.
C.
A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
D.
The names and addresses of two business references
who have known the applicant for at least two years.
E.
Certification that the applicant will be able to provide
towing services anywhere within the City of Jamestown with a maximum
response time of 20 minutes following requests for service, except
when extraordinary circumstances beyond the control of the applicant
occur.
F.
Certification that the applicant will be available
for service on business premises 24 hours a day and that the applicant
will abide by the fees contained in or referred to in this section.
A.
Upon approval of the application as herein provided
and payment of the required fees, the City Clerk/Treasurer shall issue
the applicant an official towers' license for each tow vehicle or
flatbed vehicle to be used in providing services pursuant to this
section. The licenses, which shall be in a form approved by the Chief
of Police, shall be displayed on the tow vehicle or flatbed vehicle
at all times.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.
The licenses shall be valid for a one-year period
as set forth in this chapter, shall be nontransferable and shall be
subject to revocation by the Chief of Police for any of the following
reasons:
(1)
In the event that it is subsequently determined that
the applicant knowingly and with the intent to deceive made false,
misleading or fraudulent statements of material fact in the application
or in any other document required pursuant to this chapter.
(2)
Any violation of any federal or state law or municipal
ordinance or regulation relating to the operation of a motor vehicle
or the provision of towing services.
(3)
Any violation of any rule or regulation promulgated
by the New York State Vehicle and Traffic Law.
(4)
Unsatisfactory service provided pursuant to this chapter.
(5)
Failure to pay the annual license fee.
C.
The annual license fee for each license issued pursuant
to this chapter shall be $250 plus $50 for each additional vehicle
above one which is covered by the license issued.
[Amended 11-23-2009; 8-26-2013]
D.
Licenses shall not be transferable from one vehicle
to another without the consent of the Chief of Police or his designee.
Consent may be granted at the sole discretion of the Chief of Police
or his designee if the licensee demonstrates that a vehicle for which
a license has been obtained is out of service, has been sold or has
otherwise been disposed of and that the transferee vehicle complies
with all of the requirements of this chapter.
E.
No application for an official tower's license shall
be approved by the Chief of Police where it is determined that the
applicant for such license or any operator of the towing vehicle or
vehicles has been convicted of a sex offense as such is defined by
§ 130.00 of the Penal Law or has been convicted within the
10 years immediately preceding the date of application for an official
tower's license of a felony or where the applicant for an official
tower's license or any operator of the towing vehicle or vehicles
has been convicted within the five years immediately preceding the
date of application for an official tower's license of a violation
of § 1192, Subdivision 2, 3 or 4, of the Vehicle and Traffic
Law of the State of New York.
[Added 10-16-2000]
Qualifications for inclusion on the list of
official towers shall require that applicants for the license required
herein meet the following minimum performance standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle or wrecker.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel-lift assembly and possess at least 100 feet of
either three-eighths-inch or seven-sixteenths-inch cable attached
to a motor driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3)
All equipment shall comply with all applicable state
and federal regulations as such pertain to the vehicles utilized by
the applicant for the business of providing towing or wrecker services.
(4)
Each applicant shall submit, with his, her or its
application, proof of ownership or lease of the vehicles which will
be used to provide the services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicle, visible
from 360º when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Amber colored safety tow lights or magnetic
tow lights for towing vehicles at night.
(d)
Extra chains for pulling or securing a towed
vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar illuminated warning devices for placement at the scene of
an accident or behind a disabled vehicle and 10 pounds of dry sand
or a drying compound for gasoline and oils spilled onto the roadway.
(2)
Every tow vehicle or flatbed vehicle shall comply
with all state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made to said vehicles or equipment
unless prior written approval is obtained from the City of Jamestown.
(3)
Every tow vehicle or flatbed vehicle shall display
an official tower's license and shall have the name of the official
tower displayed on the vehicle.
C.
Minimum storage requirements.
(1)
Every official tower shall maintain inside or outside
storage areas meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of four passenger vehicles.
(b)
The location of the storage area shall be within
the limits of the City of Jamestown or at such location outside the
City of Jamestown as to facilitate reasonable towing distance.
(c)
The storage area shall be in an area legally
zoned for such use.
(d)
The storage facility shall be made available
24 hours per day, 365 days per year for vehicle recovery by the owner
thereof upon payment of towing charges, storage fees and other charges
constituting a garagemen's lien.
(e)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(2)
The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter and shall be liable for any damage incurred by such vehicles
while being prepared for towing or removal, while in transit or while
stored in storage areas. By acceptance of a license and designation
as an official tower, the tower agrees to all terms and provisions
of this chapter, acknowledges comprehension of the terms and provisions
of this chapter and assumes sole liability for any and all damages
incurred by motor vehicles in the course of being prepared for towing
or removal or being towed or stored by the official tower, and the
official tower, accordingly, shall indemnify and hold harmless the
City of Jamestown, its employees, officers and agents from any and
all property damage liability resulting from the official towers'
removal, towing or storage of a motor vehicle, including, but not
limited to, the costs of reasonable attorneys' fees and other such
expenses.
A.
Official towers shall be placed on the official towers'
list at the beginning of each one-year period in accordance with the
procedures set forth in this chapter. The official tower shall rotate
on the list per call.
B.
The City of Jamestown shall request wrecking, towing
and storage services from each official tower in rotation from a list
maintained by the Chief of Police or his authorized designee. When
called, the official tower shall advise the dispatcher if a vehicle
is available and the estimated time of arrival. If no tow vehicle
is available or, if in the discretion of the designated person making
the request, the response time is insufficient under the circumstances
to properly protect the public health, safety or welfare, the next
official tower on the list shall be called for that particular towing
event.
C.
All requests for towing service on property owned
by the City of Jamestown shall be made by the Chief of Police or his
official designee.
[Amended 1-30-2017]
D.
The City of Jamestown shall request service only from
official towers, provided, however, that if no emergency or road hazard
exists, the City shall request such service from such other person
as the owner of the motor vehicle in need of such services may so
request, and provided, further, that if none of the official towers
is available or able to provide such services as are requested by
the City of Jamestown, or if an emergency exists, the City may request
such services from any other available source.
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, the official tower shall give priority to
requests from the City of Jamestown over any other requests which
may be received by the official towers.
F.
The City of Jamestown shall bear no liability or responsibility
whatsoever to any official tower occasioned by the City of Jamestown's
failure to call an official tower for a City of Jamestown requested
tow-away.
G.
The towing of vehicles from private property will be the responsibility
of the owner of the property. No vehicle shall be towed by a tow operator
from private property without express written authorization by the
owner of the private property or the person in control of the private
property, or his or her agent. The towing company which tows a vehicle
from private property shall, within 30 minutes of the vehicle’s
arrival at a facility for storage, notify the Jamestown Police Department,
identifying the storage facility, the location of the storage facility,
the time the vehicle was towed, the location from which the vehicle
was towed, the make, model, color and license plate number of the
vehicle towed, the name of the person who authorized the towing and
the fact that the towing was pursuant to a contract/written authorization
with the owner/operator/agent of the private property. The person
who tows the vehicle and the person authorizing the tow shall maintain
a copy of the written authorization provided for in this subsection
for a period of not less than one year. Owners/operators/agents of
private property shall utilize the list of official towers and may
contract with one or more of the City’s official towing companies
for the removal of unauthorized vehicles.
[Added 1-30-2017]
A.
The City of Jamestown shall have no liability or responsibility
for the payment of towing fees or storage fees incurred by an official
tow operator in providing towing and storage services requested by
the Chief of Police or his designee. Such charges shall be the sole
and exclusive responsibility of the owner of the vehicle who is the
subject of the service.
B.
Each official tower shall maintain a detailed schedule
of towing charges and storage charges which, prior to becoming effective,
shall be approved by the Public Safety Committee of the Jamestown
City Council, and such approval noted by the signature of the chairman
thereof. No tow operator or such operator's subcontractor shall charge
a towing rate or storage fee in excess of the rate last approved,
and any charge or collection in excess of the towing rate charged
by a tow operator or subcontractor of a tow operator shall be sufficient
grounds for revocation of the license issued pursuant to this chapter.
Such charges for removal or towing or storage shall apply only to
tows or removals authorized by the Chief of Police or his designee
or other public official and shall not have application to tow or
removal requests from private individuals, firms or corporations.
A.
In the event that a complaint is received by the City
of Jamestown involving the improper or unsatisfactory performance
of services by an official tower, excessive charges or damage to a
motor vehicle while in the custody of a tower, written notice of the
same shall be provided by the Chief of Police by certified mail to
the official tower involved. The tower shall have an opportunity to
respond, in writing, within five business days of the official tower's
receipt of said written notice.
B.
Within 14 business days of receipt of the tower's
written response or within 21 days of the tower's receipt of the written
notice, if no response is received, the matter shall be determined
by the Chief of Police.
C.
If, after considering the matter, the Chief of Police
shall determine that one of the causes for revocation of the official
tower's license, as set forth in this chapter, exists, the license
shall be revoked and the tower shall surrender the same, together
with licenses issued for all of the tower's vehicles, to the City
Clerk/Treasurer within 24 hours of the Chief of Police's determination
and notification to the official tower, either personally or by certified
mail.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
As used in this chapter, the following terms
shall have the meanings indicated:
A commercial motor vehicle capable of removing from a location
any damaged, disabled, hazardous or illegally parked motor vehicle
by means of pulling, carrying or towing such motor vehicle to another
location.
