This chapter is entitled "A Local Law Providing for the Licensing
and Regulation of the Operation of Service and Tow Trucks for Hire
in the Village of Monticello, New York."
No person, firm or corporation shall operate for hire a truck
or other type of motor vehicle designed and able to service or tow
other motor vehicles within the Village of Monticello, unless a license
therefor shall first have been obtained from the Clerk of the Village
of Monticello as hereinafter provided, except that tow truck operators
from outside the Village of Monticello may enter the Village of Monticello
without a license to remove a motor vehicle from any garage, private
residence or any street by permission of the owner.
No such license shall be issued unless an application therefor
shall have been filed with the Village Clerk upon a form prescribed
therefor, which shall include:
A. The name and business address of the applicant and, if a natural
person, his age and residence address.
B. The registration number of the service or tow truck to be operated.
C. The amount of liability insurance for personal injury and property
damage on said service or tow truck; the name of the insurance company,
which must be licensed to do business in the State of New York; and
the policy number. The limits shall be not less than $100,000 for
each person and $300,000 for each occurrence and not less than $50,000
for property damage; not less than $20,000 for uninsured motorists;
and not less than $50,000 for no-fault insurance.
D. The schedule of maximum prices the licensee agrees to charge during
the term of the license for servicing or towing motor vehicles from
points within the Village of Monticello and for storage of such vehicle
at its garage or service station. Such schedule may be based upon
the distance that each motor vehicle is to be towed, the weight of
the vehicle towed and the time of day or night such services are performed.
E. The applicant's Registered Repair Shop Certificate Number or
the applicant's Registered Automobile Sales License and a copy
of the applicant's Registered Repair Certificate or a copy of
the applicant's Automobile Sales License shall be attached to
the application form.
F. Such other information or exhibits as shall reasonably be required
by the village officials to whom administration of these provisions
is delegated.
Every license issued pursuant to this chapter shall expire on
the first day of January following the issuance thereof, and no such
license is transferable from one operator to another nor from one
truck to another without the prior consent of the Board of Trustees.
On each side of every service or tow truck for which a license
has been granted, there shall be legibly inscribed, in letters not
less than three inches high, the name and address of the owner of
such service or tow truck or of the person, firm or corporation having
the license number assigned to such tow or service truck by the Village
Clerk.
Each person, firm or corporation operating a service or tow
truck business may obtain a license for each service or tow truck
it desires to operate, provided that such person, firm or corporation
abides by the regulations set forth herein.
It shall be unlawful for any person, firm or corporation operating a licensed service or tow truck to charge any party more than the maximum prices set forth in its application for the servicing, towing and storage of disabled motor vehicles. Nothing herein contained shall prohibit such person, firm or corporation from making a reasonable extra charge for performing the services described in §§
236-4 and
236-5. The schedule of maximum prices to be charged may be revised at the time application is made for a renewal of the license.
It shall be unlawful for any person, firm or corporation to
service or tow away any motor vehicle which has been involved in an
accident without the prior consent of the owner or operator or the
police officer at the scene of the accident. No motor vehicle shall
be serviced at or removed from the scene of an accident where the
police officer requires or requests that an examination be made of
the damaged vehicle to determine whether the vehicle was defective
or where the police officer requires or requests that photographs
and/or diagrams of the scene be made.
The Board of Trustees may, in each case after a public hearing,
either deny any license to any applicant whom the Board of Trustees
shall determine to be an undesirable person or incapable of properly
conducting a road service or tow truck business or revoke the license
or licenses of any licensee whom the Board of Trustees shall determine
has violated the provisions of this chapter.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article
III, General Penalty, of Chapter
1 of the Code of the Village of Monticello.