[HISTORY: Adopted by the Town Board of the Town of Dover as indicated in article histories. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 135.
Article I Solicitation of Towing Business at Motor Vehicle Accidents
[Adopted 12-30-2009 by L.L. No. 4-2009]
This article is adopted pursuant to the authority of Town Law § 130, Subdivision 7.
The Town Board of the Town of Dover hereby makes the following findings: The health, safety and welfare is adversely affected by the practice of some tow truck operators in the Town of Dover coming to the scene of motor vehicle accidents in order to solicit business from those involved in said accidents. The arrival at the scene of more tow trucks than are required unnecessarily expands the scene of the accident to include those tow trucks. This increases traffic congestion and creates greater difficulty in directing traffic around the scene. Increased traffic congestion can cause delays for emergency vehicles and possibly life-saving personnel and equipment arriving at the scene of the accident and at other emergencies that may occur at the same time. Also, this increased congestion can cause other motor vehicle accidents to occur and can thus unnecessarily increase the risk of injury to emergency personnel, persons and property. The presence of more tow trucks than are required can also interfere with the activities of those police officers investigating the causes of the accident.
The solicitation of towing business at motor vehicle accidents is prohibited within the Town of Dover. It shall be unlawful for any person operating a tow truck to cause said tow truck to remain within 500 feet of the scene of a motor vehicle accident unless such person has been called to the scene by a police officer, emergency incident commander or by a person involved in the mishap. (Note: Any first responder arriving at the scene under a blue light in a tow vehicle and breaking the five-hundred-foot barrier shall be considered present as an emergency responder and not at the scene for the purposes of towing.)
A violation of this article shall be punishable by a fine of not less than $500 for the first offense and by a fine of not less than $1,000 for a second or subsequent offense within one year of the previous offense. (Note: Any tow operator who breaks the five-hundred-foot barrier without the proper authorization outlined above shall forfeit his/her position on the rotating tow list used by the Dutchess County Sherriff's Office and the New York State Police and shall be subject to the penalties outlined above.)