[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 1-7-1980 by L.L. No. 1-1980 as Ch. 19, Art. II,
of the 1967 Code of Ordinances. Amendments noted where applicable.]
[Amended 8-10-1992 by L.L. No. 10-1992]
A.
It is hereby declared and found that it is of vital
importance to the traveling public that disabled vehicles be 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 disabled motor
vehicles in the streets of the Village of Lynbrook 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, the imposition of exorbitant and unconscionable towing
charges, the misuse of public property or any similar abuse.
B.
It is also declared and found that it is of vital
importance to those using private parking facilities within the Village
of Lynbrook that the towing of vehicles from private parking facilities
be regulated and subject to supervision and administrative control
for the purpose of safeguarding the public against fraud, the imposition
of exorbitant and unconscionable towing charges or any similar abuse.
C.
It is also declared and found that the towing and storage of motor vehicles which are the subject of police action, accidents or, pursuant to Chapter 240, Article V of this Code, deemed derelict, abandoned or scofflaw, constitutes a significant public need which should be conducted under Village supervision for the safety, health and welfare of the residents of the Village and that said supervision should be administered in an economically prudent manner.
[Added 11-18-1996 by L.L. No. 10-1996]
As used in this chapter, the following terms
shall have the meaning indicated:
Any incident or occurrence in which one or more vehicles
come into contact with each other or another object thereby causing
personal injury or property damage.
Any person driving a tow car upon the public highways for
hire.
Includes any incident where a fee, charge or other consideration
is directly or indirectly imposed for towing, carrying or removing
any vehicle and shall be inclusive of repairs made on a towed vehicle
for a consideration, although no charge is expressly imposed for the
towing of such a vehicle.
Includes the control and direction of the use of a vehicle
for towing from places within the Village of Lynbrook.
Includes a person owning, leasing or controlling one or more
tow cars and driving, operating or causing any such vehicle to be
operated upon the public highways for hire.
Includes an individual, partnership, unincorporated association,
corporation or other entity.
That license issued to the owners of towing cars authorizing
the holder thereof to engage in all tow car operations, except that
he may not respond to a call to the scene of an accident or remove
a disabled vehicle from the scene of an accident, nor may be solicit
the person in charge of a vehicle involved in an accident, at the
scene of such accident, for the towing of such vehicle, whether directly
or indirectly on his behalf or on behalf of any other person, firm
or corporation; nor may be, at the scene of an accident where towing
is required, make an estimate of the cost of repairs, or to offer
to make such an estimate, or to offer to make such repairs, although
no charge is imposed for towing. No such solicitation shall be made
at the scene of the accident nor from private property in the vicinity
of the scene of the accident.
Any area where one or more motor vehicles have collided,
including any area of a street to which a vehicle is moved to prevent
obstruction of traffic, and will remain so until the vehicle or vehicles
are removed either under their own power or by a properly licensed
tow car.
Any place of a licensed tow car business located within the
Village of Lynbrook.
The moving of a vehicle from public or private property by
another vehicle for hire or where the towing service is performed
by a person engaged in the servicing or repairing of vehicles.
[Amended 8-10-1992 by L.L. No. 10-1992]
A vehicle which is either towing or is equipped with a crane,
winch or similar device designed to raise, remove or carry a motor
vehicle, or the front or rear end thereof, or a flatbed truck.
[Amended 8-10-1992 by L.L. No. 10-1992]
That license which is issued to the owners of towing cars
authorizing the holder thereof to engage in all tow car operations.
The Village Clerk shall have authority to limit the number of unrestricted
towing car licenses to be issued hereunder to any one licensee in
accordance with such reasonable standards as he may establish.
A motor vehicle as defined in § 125 of the Vehicle
and Traffic Law of the State of New York, a bus as defined in § 104
of such law, a tractor as defined in § 151-a of such law,
a trailer as defined in § 156 of such law or a truck as
defined in § 156 of such law or a truck as defined in § 158
of such law.
[Added 8-10-1992 by L.L. No. 10-1992]
The geographical area of the Village of Lynbrook.
It shall be unlawful for any person to operate
any tow car owned or controlled by him or to permit same to be operated
upon the public highways of the Village without having first obtained
and then having in force an owner's license therefor, as hereinafter
provided.
A.
Every license issued hereunder shall expire on the
31st day of December next succeeding the date of its issuance, unless
sooner revoked by the Village Board of Trustees, as hereinafter provided.
B.
Every person who desires to operate a tow car or tow
cars owned or controlled by him upon the public highways within the
Village shall file with the Village Clerk a written application upon
forms to be furnished by the Village Clerk, verified under oath, containing:
(1)
The name and address of the applicant, address of
the place where tow cars are proposed to be garaged and from which
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.
(2)
All crimes of which the applicant or any member thereof,
if an unincorporated association, or any officer, if a corporation,
has been convicted, stating the name and location of the court and
the date on which such convictions were had and the penalties imposed
therefor.
(3)
The experience of the applicant in the towing of vehicles
for hire.
(4)
Any facts which tend to prove that the public convenience
necessarily requires the granting of a license to the applicant.
(5)
The number of vehicles proposed to be operated by
the applicant and a description of each such vehicle, including the
make, model, year of manufacture, New York State registration number
and motor number thereof.
(6)
The age, social security number and citizenship of
the applicant and each member thereof, if an unincorporated association,
and each officer thereof, if a corporation.
(7)
The location of any and all depots and terminals proposed
to be used by the applicant.
(8)
Whether applicant wishes his name to appear on the
accident roster, as detailed below.
(9)
A sketch indicating an appropriate off-street parking
space for each vehicle that the applicant intends to use for towing
purposes where such vehicles will be stored at all times when not
actively involved in towing operations or other appropriate activity.
(10)
Any other relevant information which the Village
Clerk may require.
[Amended 7-15-2002 by Ord. No. 4-2002]
Applicants for a restricted license will be
required to pay a nonrefundable fee in such amount as set by the Board
of Trustees by resolution. A restricted licensee will be licensed
for normal towing but will not be permitted at scenes of accidents.
The applicant, to qualify, must demonstrate that:
A.
Notwithstanding any other provision of this chapter,
the license applicant operates and maintains a bona fide terminal
within five miles of any boundary of the Village of Lynbrook.
B.
Applicant will provide a twenty-four-hour service
for the removal of any vehicle from said terminal at the request of
the vehicle owner upon payment of all appropriate fees due to the
licensee.
[Amended 12-2-2002 by L.L. No. 6-2002]
Applicants for an unrestricted license will
be required to pay a nonrefundable filing fee in such amount as set
by resolution of the Board of Trustees and will be allowed at the
scene of accidents. The unrestricted licensee will qualify, provided
that:
A.
The licensee owns, operates and maintains a bona fide
terminal within the Village of Lynbrook.
B.
Such terminal maintains twenty-four-hour service to
answer emergency calls regarding motor vehicles.
C.
The tow truck or trucks of such licensee are equipped
with a lifting boom or similar device, a minimum one-and-one-half-ton
power winch equipped with 100 feet of three-eighths-inch steel cable,
a fire extinguisher, a crow bar, an emergency flashing light, at least
one dozen flares, a heavy-duty broom and shovel and a dolly or wheel
device.
Every individual applicant for an owner's license
shall, at the time of submitting his application:
A.
Submit two individual photographs of the applicant
taken within 30 days prior to the date of the application, 1 1/2
inches by 1 1/2 inches in size, and such pictures must be a true
likeness of the applicant and must show neck, shoulders and uncovered
head.
B.
Be fingerprinted under the direction and supervision
of the Village Clerk and the Police Department. When the application
form has been completed, the applicant shall present himself or herself
to an officer of the Lynbrook Police Department to be fingerprinted.
A copy of such fingerprints shall be sent to the Division of Criminal
Justice Services, Albany, New York (hereinafter "DCJS"), requesting
a fingerprint search, together with the fee required by the DCJS,
in such form of payment as is acceptable to the DCJS, which fee shall
be provided by the applicant. The DCJS reply shall be reviewed by
the Chief of Police or member of the Police Department. No license
shall be issued to a person who has been convicted of a felony or
of any crime involving fraud or fraudulent practices or the illegal
use, sale or possession of marijuana or a controlled substance.
[Amended 4-12-1993 by L.L. No. 4-1993; 7-18-1994 by L.L. No.
6-1994]
If the Village Clerk shall find that the tow car service in the Village and, particularly, in the area in which the applicant proposes to operate is required by the public convenience and necessity and, from the statements contained in the application for a tow car owner's license, that the applicant is a fit person and capable of properly conducting such tow car business and conforming to the provisions of this chapter, then the Village Clerk, upon the certification of each town car proposed to be operated by the applicant pursuant to § 231-4 hereof and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof and the number of vehicles the applicant is authorized to operate; and, at the same time, the Village Clerk shall issue for each vehicle licensed hereunder a license bearing the words "licensed tow car," an assigned number and the year of issuance; otherwise such application shall be denied.
In making the findings required by § 231-8 hereof, the Village Clerk shall take into consideration the number of tow cars already in operation in the Village, particularly in the area in which the applicant proposes to locate his depots and terminals, whether existing tow car service is adequate to meet the public need, the probable effect of additional tow cars on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
The Village Clerk may, in his discretion, before the issuance of a license under § 231-8, require the applicant and others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application, as hereinafter provided.
A.
Every owner licensed under § 231-8 who desires to add to the number of tow cars he is duly licensed to operate shall file a written application, under oath, with the Village Clerk containing:
(1)
The name and address of the applicant.
(2)
The applicant owner's license number.
(3)
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such addition.
(4)
A description of each such additional tow car, including
the make, motor number and the year of manufacture.
(5)
A sketch indicating an appropriate off-street parking
space for each additional vehicle that the applicant intends to use
for towing purposes where such vehicles will be stored at all times
when not actually involved in towing operations or other appropriate
activity.
B.
If the Village Clerk shall find that public necessity warrants the addition of the tow car(s), then he shall issue a supplementary owner's license stating the name and address of the applicant, the number of the applicant's operator's license, and the number of additional vehicles the applicant is authorized to operate and the date of the issuance thereof; and, at the same time, a license for each additional tow car in the form as provided in § 231-8 hereof; otherwise such application shall be denied.
A.
Every owner licensed under this chapter who desires
to add additional places of tow car service or who desires to transfer
a place of tow car service shall file with the Village Clerk a written
application under oath containing:
(1)
The name and address of the applicant.
(2)
The applicant owner's license number.
(3)
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such additional
places of tow car service or transfer of place of tow car service.
(4)
The address of the additional place of tow car service
or transfer.
(5)
A sketch indicating an appropriate off-street parking
space for all vehicles that are used for towing purposes where such
vehicles will be stored at all times when not actually involved in
towing operations or other appropriate activity.
B.
If the Village Clerk shall find that the additional
places or transfer of tow car service is in the public interest, then
he shall issue written authorization setting forth the additional
places of business, as the case may be, and the date thereof; otherwise
such application shall be denied.
Any license issued under § 231-8 may be renewed annually for additional periods of one year each from the date of expiration upon the filing of an application containing all the information required by the provisions of this chapter for original applications, with the exception of any allegation as to public necessity.
Before the issuance to him of a license under
this section, each applicant shall file with the Village Clerk evidence
that he is insured against public liability in the limits required
by law, which insurance shall be maintained in force during the period
covered by the license.
The owner's license issued hereunder shall not
be transferable.
A.
It shall be unlawful for any person to operate a tow
car for hire in the Village of Lynbrook as a driver on or in connection
therewith, unless such driver shall have first obtained a license
from the Village Clerk, as hereinafter provided.
B.
Every driver's license issued under this section shall
be issued as of the date of the granting thereof and shall expire
on the 31st day of December next succeeding, unless sooner revoked
by the Village Board of Trustees, as hereinafter provided.
C.
Every person making application to operate a tow car
for hire on Village streets shall file a written verified application
for a license to drive, upon forms to be furnished by the Village
Clerk, setting forth the following information:
(1)
The name, address, age and social security number
of the applicant.
(2)
A full description of the applicant, including his
color, height, weight, color of eyes and hair, any scars or marks
and the nature of any physical infirmity from which he may suffer.
(3)
Recommendation by two residents of Nassau County who
have known the applicant for a period of three years or more and who
will vouch for the applicant's sobriety, honesty and general good
character.
(4)
Whether or not he is a citizen of the United States.
(5)
The names and addresses of the applicant's employers
during the last two years prior to his application.
(6)
All crimes of which the applicant has ever been convicted,
stating the name and location of the court in which and the date on
which each such conviction was had and the penalty imposed therefor.
(7)
In the case of a driver, the number and date of issuance
of the applicant's New York State operator's or chauffeur's license
as required by the Vehicle and Traffic Law.
(8)
Any other relevant information which the Village Clerk
may require.
D.
Every applicant for a driver's license shall, at the
time of submitting his application, also:
(1)
Submit two individual photographs of the applicant,
taken within 30 days prior to the date of the application, 1 1/2
by 1 1/2 inches in size, and such pictures must be a true likeness
of the applicant and must show only neck, shoulder and uncovered head.
(2)
In the case of an application for a driver's license,
exhibit his current New York State operator's or chauffeur's license
for inspection.
(3)
Be fingerprinted under the direction and supervision
of the Village Clerk and the Police Department. When the application
form has been completed, the applicant shall present himself or herself
to an officer of the Lynbrook Police Department to be fingerprinted.
A copy of such fingerprints shall be sent to the Division of Criminal
Justice Services, Albany, New York (hereinafter "DCJS"), requesting
a fingerprint search, together with the fee required by DCJS, in such
form of payment as is acceptable to DCJS, which fee shall be provided
by the applicant. The DCJS reply shall be reviewed by the Chief of
Police or member of the Police Department. No license shall be issued
to a person who has been convicted of a felony or of any crime involving
fraud or fraudulent practices or the illegal use, sale or possession
of marijuana or a controlled substance or for a violation, during
the five years immediately preceding the application for a driver's
license, of § 1192 of the Vehicle and Traffic Law of the
State of New York.
[Amended 7-18-1994 by L.L. No. 6-1994]
E.
The Village Clerk shall issue a tow car driver's license
to the applicant if he shall find that the applicant holds a New York
State operator's or chauffeur's license and is a fit and proper person
to drive a tow car, considering his experience and character; otherwise
such application shall be denied.
F.
The driver's license issued hereunder shall not be
transferable.
A.
Any applicant who shall have been denied a license
under this chapter by the Village Clerk or who shall have been issued
a license by the Village Clerk for fewer tow cars than the number
for which application was made may apply to the Review Board for a
review of the action by the Village Clerk, as hereinafter provided:
(1)
The application to review the Village Clerk's determination
shall be in writing, signed and verified by the applicant, and shall
state his reasons for claiming that the Village Clerk's determination
was erroneous.
(2)
The application for such review must be filed with
the Village Clerk within 20 days of receipt by the applicant, either
by mail or in person, of the denial by the Village Clerk.
(3)
Upon the filing of such application to review, the
Review Board, consisting of three members of the Village Board of
Trustees appointed by 'the Mayor, shall hold a hearing thereon pursuant
to the provisions hereinafter set forth.
(4)
The Review Board shall at the hearing consider the
application before the Village Clerk in relation to his determination
and, in its discretion, may receive new or additional evidence in
support of or in opposition to the determination under review.
B.
The Review Board, after such hearing, may either affirm
the determination of the Village Clerk or direct him to issue the
appropriate license, under the provisions of this chapter.
A.
Whenever it shall be provided herein that a hearing
shall or may be held by the Review Board, such hearing shall be held
on a date and at a place and hour designated by the Mayor.
B.
The Village Clerk shall give notice thereof, stating
the name and address of the applicant or license holder 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
license holder concerned at the address shown upon the most recent
application of such applicant or licensee, at least 10 days before
such hearing.
C.
At any hearings the applicant or license holder 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.
D.
All witnesses shall be sworn and examined under oath.
[Amended 12-2-2002 by L.L. No. 6-2002]
The fee for issuance of a tow vehicle driver's
license shall be in such amount as set by resolution of the Board
of Trustees.
A.
Every vehicle operated upon the streets of the Village
as a tow car shall be kept fit, of good appearance and in a good safe
condition for towing.
B.
The Village Board of Trustees shall establish reasonable
rules and regulations for the inspection of tow cars operated upon
the streets of the Village.
A.
Any license issued hereunder may be suspended for
a period of not more than three months or revoked by the Village Board
of Trustees if the holder thereof shall violate any provision of this
chapter, any rule or regulation adopted hereunder or any local law
or ordinance of the Village or be convicted of the violation of any
traffic law, ordinance or regulation of the State of New York or any
municipality of the State of New York or of any crime or be guilty
of making a false statement or misrepresentation in his application.
Any license issued hereunder may be suspended by the Village Board
of Trustees if the holder thereof shall be indicted or charged upon
any information which has been duly filed with the public authorities
with or for the commission of any crime or offense until such time
as the person licensed hereunder shall be either convicted or acquitted
of such crime or offense. A license hereunder shall not be suspended
or revoked by the Village Board of Trustees without a hearing having
been held thereupon not less than 20 days after written notice thereof
shall have been given to the licensee, either in person or by certified
mail.
B.
The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter, has been indicted or charged with or for any crime or offense or is guilty of having made a false statement or misrepresentation in his application, may forthwith temporarily suspend such license until such time as a hearing is held by the Review Board, as provided in § 231-19 hereof, and the Review Board shall have rendered its determination thereon.
C.
Violation of the following prohibition shall be a
ground upon which the Village Clerk may suspend any towing license
pursuant to final disposition in the manner set forth above. No person
shall give or offer to give any payment, fee, reward or other thing
of value, directly or indirectly, for obtaining information concerning
a disabled vehicle which may require towing service to solicit the
towing or repair of such vehicle, and it shall be unlawful to have
printed any card or other notice offering to give a payment, fee,
reward or other thing of value for such information.
A.
Each tow car operated hereunder shall have inscribed
on the outside of each door the trade name and business address of
the owner, in letters not less than two inches in height, either painted
or otherwise securely affixed to both doors in a conspicuous place.
B.
A tow car owner shall have legibly inscribed on each
side of the tow car in letters and numerals not less than one and
1 1/2 inches in height the lawful towing rates he has filed with
the Village Clerk. All charges for both towing and labor must be listed
on authorization forms accepted and signed for by the person in charge
of the disabled vehicle before it can be towed from its point of origin.
C.
Towing, storage and labor charges.
(1)
The owner of a tow car shall prepare a typewritten
schedule, in triplicate, of maximum prices to be charged for towing
and storing disabled motor vehicles, and one copy of said schedule
shall be filed with the Village Clerk.
(2)
Towing charges. The charge for towing shall be based solely upon the distance disabled vehicles are to be towed and not estimated or based upon the availability of tow cars. Towing charges shown on the schedule, filed as required in Subsection C(1) above, shall not exceed the maximum charges established by resolution of the Board of Trustees.
[Amended 4-19-1982 by L.L. No. 2-1982]
(3)
Storage charges. Outside storage charges shall not
exceed the maximum rates established by resolution of the Board of
Trustees. Inside storage rates may be determined by agreement of the
parties. All vehicles must be stored on the premises of the licensee,
whether indoors or outdoors, and shall not be permitted on Village
streets.
[Amended 4-19-1982 by L.L. No. 2-1982]
(4)
These towing and storage charges shall apply to the
towing of all motor vehicles except buses, tractors, trailers and
trucks as defined herein.
[Amended 8-10-1992 by L.L. No. 10-1992]
(5)
Labor charges. The charges for additional labor shall
not exceed the maximum charges established by resolution of the Board
of Trustees.
[Amended 4-19-1982 by L.L. No. 2-1982]
D.
Towing record book.
(1)
Every licensed tow car owner shall maintain a bound
record book of all calls for service at the scene of an accident.
Entries in this book shall be made in ink at the time the call is
received and prior to responding to the call and shall specify:
(2)
The record book shall be retained for one year after
the last entry.
The Village Clerk shall have the power to prescribe
reasonable rules and regulations for the proper and efficient administration
and enforcement of this chapter.
A.
A licensed tow car driver shall:
(1)
Have his identification card in his possession at
all times while engaged in his occupation as a tow car driver, and
a tow car driver, while so engaged, shall also be in possession of
his operator's or chauffeur's license.
(2)
Not permit any other person to use his identification
card.
(3)
Not be engaged on an unlicensed tow car or on a tow
car the license for which has been suspended or revoked.
(4)
Promptly report the loss of his identification card
to the Village Clerk.
(5)
Report change of address to the Village Clerk within
48 hours.
(6)
Have with him at all times properly authorized forms
for towing and repair, such forms to be printed and maintained by
tow car owners.
(7)
Refrain from the use of drugs or intoxicating liquors.
B.
Each driver at the scene of an accident shall:
(1)
Exhibit his identification card to the owner of the
disabled vehicle or person in charge thereof or to any Village officer
or any member of the Village of Lynbrook Police Department.
(2)
Not remove any vehicle from the scene of an accident
until proper authorization has been signed by the owner of the disabled
vehicle or person in charge thereof.
(3)
Not remove any vehicle involved in an accident in
which a person has been injured until released by a duly authorized
member of the Police Department.
C.
Every tow car driver shall obey all traffic laws,
ordinances, local law, rules and regulations while operating a tow
car and, upon receipt of a summons or his arrest for any alleged violation
of any such ordinance, local law, rule, regulation or for any ordinance,
shall report same within three days to the Village Clerk advising
him of the nature of the offense charged and the name and the location
of the court and the date upon which said summons is returnable or
the date on which the hearing or such trial is to be held.
A.
It shall be unlawful for any person to drive along
any street or bridge in the Village of Lynbrook and solicit towing
work. Solicitation of towing work by the operator or other occupant
of a tow car while parked on any street or bridge is also prohibited.
A tow car operator shall not proceed to the scene of a disabled motor
vehicle without having been requested or notified to do so by the
owner or his authorized representative or the police. Responding to
a call merely upon notification from gas station attendants, taxicab
drivers or other unauthorized persons shall be considered in violation
of this provision.
B.
The owner or driver of any disabled motor vehicle
shall have the right to require the services of any available licensed
tow car, and it shall be unlawful for any owner or driver of any licensed
tow car to refuse to render such services if such owner or driver
of such disabled motor vehicle is able and willing to pay the fee
prescribed in the schedule of prices filed by the owner of such licensed
tow car with the Village Clerk; provided, however, that it is physically
possible for such tow car to tow such disabled motor vehicle and that
such tow car is not already going to or returning from a job.
C.
Licensed tow car owners and drivers, when required,
will answer all communications received from the Village Clerk.
D.
It shall be unlawful for any owner or driver to refuse
to surrender a license or licenses to the Village Clerk, upon demand,
after such license or licenses have been suspended, revoked or expired.
E.
It shall be unlawful for any person to demand or receive
any payment in excess of the maximum charges permitted by this chapter
or shown on the schedule filed by the owner with the Village Clerk.
F.
No vehicle which is parked on private property shall
be towed and no owner of the property on which the vehicle is located
shall authorize such towing unless a tow car owner's and driver's
license shall have been obtained as provided in this chapter and is
then in force and unless the following additional requirements are
met:
[Added 8-10-1992 by L.L. No. 10-1992]
(1)
The property owner or his authorized agent shall file
with the Village Clerk a copy of the written agreement and any amendments
thereto authorizing one or more tow car owners to tow unauthorized
parked vehicles located on the property owner's premises.
(2)
The property owner shall post in a conspicuous place
at each entrance to the property owner's parking facility signs measuring
18 inches in width by 24 inches in height stating that an unauthorized
parked vehicle will be towed at the vehicle owner's expense, and,
in addition, such sign must state the name of the tow car owner and
the address and telephone number where the vehicle can be recovered.
All writing on the sign shall be of conspicuous size.
(3)
The authorized tow car owner shall tow an unauthorized
parked vehicle only upon the direction and consent of the property
owner or the authorized agent of the property owner of the premises
where the unauthorized vehicle is located.
(4)
The tow car owner shall immediately notify the Village
Police Department, in writing, of the towing of an unauthorized parked
vehicle and the tow car owner's name and phone number and the location
to which the vehicle is being or has been towed.
(5)
Towing, storage and labor charges for vehicles towed
from private property shall not exceed the maximum rates established
by the resolution of the Board of Trustees.
(6)
No tow car owner shall tow any vehicle located on
private property without having fully complied with all the applicable
requirements of this chapter.
G.
It shall be unlawful for any tow car owner, without obtaining a special use permit from the Village Board of Trustees pursuant to § 252-116, to immobilize any motor vehicle parked in the Village by any means, including but not limited to what is commonly referred to as "booting." The Board of Trustees, in granting such special use permit, may permit such service on a Village-wide basis or on a restricted basis as deemed appropriate under the criteria of § 252-116. No property owner or tenant shall authorize any tow car owner to so immobilize any motor vehicle unless that tow car owner has obtained a special use permit therefor. The owner of the real property or employees of the owner may immobilize or boot a motor vehicle parked on such owner's property where warning signs are adequately posted on the property to give notice thereof.
[Added 8-21-1995 by L.L. No. 10-1995; amended 11-17-2014 by L.L. No. 18-2014]
[Added 8-10-1992 by L.L. No. 10-1992]
This chapter shall not be applicable to:
A.
A vehicle dismantler registered pursuant to § 415-a
of the Vehicle and Traffic Law of the State of New York when engaged
in towing in the course of the operation of the business of a vehicle
dismantler.
B.
A government agency.
C.
When performing towing services which are not offered
to the general public:
(1)
A franchised public transportation operator.
(2)
A bus company, as such term is defined in Subdivision
2 of § 2 of the Transportation Law of the State of New York,
to operate pursuant to Article 7 of such law.
(3)
A public utility company or a public utility corporation,
as such terms are defined in Subdivisions 23 and 24, respectively,
of § 2 of the Public Service Law of the State of New York.
(4)
An owner of a taxicab or limousine.
(5)
An operator of a school bus, as such term is defined
in § 142 of the Vehicle and Traffic Law of the State of
New York.
(6)
A motor vehicle rental agency.
(7)
A vehicle repossessor.
[Added 8-10-1992 by L.L. No. 10-1992]
If any section, subdivision, sentence, clause,
phrase or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid or unconstitutional, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the section, subdivision, sentence, clause,
phrase or part directly involved in the controversy in which such
judgment shall have been rendered.
[Added 11-18-1996 by L.L. No. 10-1996]
A.
The foregoing provisions of this chapter notwithstanding,
the Village Board may grant a franchise to one or more persons licensed
hereunder for the towing and/or storage of motor vehicles which are
involved in police action, accidents, apparent abandonment or owned
by one deemed to be a scofflaw where the Board finds that the safety,
health and welfare of the residents of the Village will be advanced
thereby.
B.
Any franchise granted to licensed persons hereunder
will not limit other licensed persons from performing any and all
nonfranchised operations authorized by their licenses.
[Added 8-10-1992 by L.L. No. 10-1992]
A.
Failure to comply with any of the provisions of this
chapter shall be deemed a violation, and the violator shall be liable
for a fine of not more than $250 for each such violation.
B.
In addition to the penalties provided herein, an offense
against this chapter may result in suspension or revocation of the
tow car owner's or driver's license.
