[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 9-12-2000 by L.L. No. 21-2000 (Ch. 463, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds that § 1210, Subdivision
(c), of the New York Vehicle and Traffic Law provides that towing
agencies which remove vehicles unlawfully parked on private property
at the request of the owner of the premises and without the written
consent of the owner of the vehicle shall immediately notify the local
police station house having jurisdiction over the area where such
vehicle was unlawfully parked of the description of the car which
was removed and the time of removal, so as to inform owners of towed
vehicles that their cars have not been stolen.
B.
This Legislature further finds and determines that consumers are
currently at risk of having their vehicles seized without substantive
due process, notice or opportunity to retrieve their vehicles without
the fear and panic of believing that their towed cars have been stolen,
as evidenced by the growing number of incidents involving senior citizens
and other innocent consumers who return to the upsetting scene of
an apparent theft of their vehicles in a shopping center parking lot.
C.
Therefore, the purpose of this article is to regulate the towing
and seizure of consumers' motor vehicles in noncriminal law enforcement
situations by private towing companies in order to protect consumers
while maintaining the rights of property owners.
As used in this article, the following terms shall have the
meanings indicated:
Such term as it is or may be defined by § 1224
of the New York Vehicle and Traffic Law.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power. This term shall
specifically include, but shall not be limited to, motorcycles and
snowmobiles, as such terms are or may be defined by the New York Vehicle
and Traffic Law.
The County Office of Consumer Affairs.
A private property owner who wishes to have a vehicle towed
from his, her or its privately owned, publicly accessed parking lots,
without the written consent of the owner of the vehicle, shall comply
with the following requirements:
A.
The parking lot shall have conspicuously posted, at each entrance,
signs (at least two feet high with at least two-inch-high lettering),
which shall contain the following information:
(1)
A statement warning that illegally parked vehicles will be towed.
(2)
The hours during which this prohibition is applicable.
(3)
The cost of the tow to be paid by the vehicle owner.
(4)
The name and phone number of the towing company.
(5)
The location where the vehicle is to be towed.
(6)
The property owner's name.
B.
The property owner shall supply the towing company with a notarized
affidavit authorizing tows, which shall contain the following:
(1)
The name, address, and phone number of the owner.
(2)
The address and description of the property.
(3)
The name of the authorized tow company.
(4)
The cost of the tow to be paid by the vehicle owner.
(5)
The specific violations for which the tows/seizures are authorized.
(6)
The specific days and hours during which towing is authorized.
(7)
The location where the vehicles will be stored.
(8)
A statement as to whether the owner is receiving any compensation
for each vehicle seized or towed.
A tow company or tow truck operator shall comply with the following
regulations when seizing or towing vehicles for privately owned, public-access
parking lots, without the written consent of the owner of the vehicle:
A.
Tow companies shall enter into an agreement with the property owner
prior to any towing of vehicles.
B.
The seizure or tow of a vehicle is only authorized when the owner
of the property or his or her representative is actually present and
requests that a particular vehicle be seized or towed. The property
owner's representative cannot be the tow company or tow truck operator
unless the tow company or operator is the actual property owner.
C.
The tow truck operator shall have a copy of the affidavit from the
property owner in his or her possession.
D.
The tow truck operator shall have a written "seizure/tow authorization"
in his or her possession, to tow a specific vehicle, which shall be
signed by the property owner or his representative prior to the seizure/tow.
This authorization shall contain the following information:
(1)
Date and time of the seizure/tow.
(2)
Location of the seizure/tow.
(3)
Reason for the seizure/tow.
(4)
Cost of the seizure/tow to be paid by the vehicle owner.
(5)
Location to which the vehicle is towed.
(6)
Description of the vehicle (plate number, vehicle identification
number, year, make, model, color and notation of any damage to the
vehicle).
(7)
Name, address and date of birth of the tow truck operator.
(8)
Tow company name, address and phone number.
(9)
Name and address of the owner or representative who authorized the
seizure or tow.
(10)
Signature of the owner or representative who authorized the
seizure/tow.
E.
The tow truck operator who seizes or tows a vehicle shall immediately
respond to the nearest police precinct with the vehicle and provide
a copy of the seizure/tow authorization.
When the seizure/tow of a vehicle from privately owned, publicly
accessed parking lots, without the written consent of the owner of
the vehicle, is in dispute or a breach of the peace occurs, the following
shall apply:
A.
If the seizure/tow process has begun, but the vehicle is still at
the location, the following shall apply:
(1)
The vehicle shall be released to the owner upon the owner providing
the tow truck operator with proper personal and vehicular identification;
and
(2)
The property owner and tow company shall have recourse to civil court
or small claims court to seek compensation for any monetary damages
incurred as a result of the actions of the vehicle owner.
B.
If the seizure/tow process has been completed (the vehicle is no
longer at the location), the following shall apply:
(1)
A vehicle owner shall pay the tow truck operator to release the vehicle;
(2)
The only additional fee that may be assessed is for storage of the
vehicle, which fee shall not exceed $20 per day. Storage fees shall
not be charged for days on which the vehicle is not available for
pickup from the pertinent tow operator or for days on which the pertinent
tow operator is closed; and
(3)
The vehicle owner shall have recourse to civil court or small claims
court to seek compensation for any monetary damages incurred as a
result of the actions of the property owner or the tow company.
A.
Fees charged for the seizure/tow of a vehicle from privately owned,
publicly accessed parking lots within the County of Suffolk shall
not exceed the fees established for municipal towing purposes by the
town within which the tow/seizure occurs.
B.
Upon payment of all required charges for the release of a towed vehicle,
the towing company shall provide the owner or authorized user of the
vehicle with a receipt that reflects all payments made to the towing
company.
[Added 10-17-2006 by L.L. No. 54-2006]
C.
No private property owner shall receive or enter into any contract
or other agreement to receive from a tow company, nor shall any tow
company pay or enter into any contract or other agreement to pay to
the private property owner, any share of the payments received for
the towing or storage of a towed motor vehicle or any fee or amount
dependent upon the number of towed motor vehicles removed from said
private property owner's parking lot.
[Added 10-17-2006 by L.L. No. 54-2006]
This article shall be enforced by the Office of Consumer Affairs.
The Director of the Office is hereby authorized and empowered
to issue and promulgate such rules and regulations as he or she shall
deem necessary and appropriate to implement and carry out the provisions
of this article.
A.
Any person who intentionally violates §§ 796-3 through 796-6 of this article, or a rule or a regulation issued pursuant to § 796-8 of this article, shall be guilty of an unclassified misdemeanor, punishable by a fine of not less than $5,000 nor more than $10,000 or up to one year's imprisonment, or both. Each such violation shall constitute a separate and distinct offense.
B.
Any person who intentionally violates §§ 796-3 through 796-6 of this article, or a rule or regulation issued pursuant to § 796-8 of this article, shall also be subject to a civil penalty of not less than $1,000 nor more than $10,000 for each violation. Each such violation shall constitute a separate and distinct offense.
A.
This article shall not apply to the removal of abandoned motor vehicles that are in violation of § 1224 of the New York Vehicle and Traffic Law or covered by § A13-11 of the Suffolk County Administrative Code.
B.
This article shall not apply to motor vehicles towed and/or seized
by, or on behalf of, any state, local or federal law enforcement authorities.
This article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Suffolk.
The County Legislature may determine via mere resolution whether or
not identical or substantially similar statewide legislation has been
enacted for the purposes of triggering the provisions of this section.
This article shall apply to any actions occurring on or after
January 1, 2001.
[Adopted 9-7-2022 by L.L. No. 35-2022]
As used in this article, the following terms shall have the
meanings indicated:
Any incident or occurrence in which one or more motor vehicles
come in contact with each other or another object, thereby causing
damage to a motor vehicle.
Includes substances, materials, and objects that are foreign
to the normal roadway or thoroughfare environment area, including
traffic control debris. Debris may be produced by vehicular or nonvehicular
sources.
Motor vehicles not involved in accidents but which are disabled
and which must be removed from the road via services of a tow truck
operator.
A motor vehicle which is designed or equipped for carrying,
lifting or moving another motor vehicle.
A person owning or leasing or controlling one or more tow
trucks and driving or operating or causing any such vehicle to be
operated upon the public highways for hire.
A.
All towers called to the scene of an accident or disablement shall
clean up any debris in the surrounding area resulting from the vehicle(s)
they are towing to the satisfaction of the police officer or authorized
representative on the scene.
B.
Tow truck operators are required to bring along certain items for
this purpose, including, but not limited to, a shovel, broom and a
container to collect debris.
C.
Tow truck operators are further required to clean up any oil, coolant,
or gas that the vehicle(s) involved spilled on the road and are required
to carry some type of liquid-absorbing substance they can apply and
sweep off of the road so that it is clean and dry.
D.
This cleanup service shall be included in the towing fee. No additional
charge shall be made for this service.
E.
Should there be an excess amount of oil or toxic chemicals on the
road, the tower may enlist the help of the local fire department or
hazmat team, depending on the nature of the spill.
F.
Nothing in this article, however, shall be construed to prohibit
a police officer in charge at the scene of any accident or disablement
to request and obtain such emergency aid and equipment as, in his
opinion, may be required as an emergency measure to clear the highway,
protect persons and/or property, or carry out his duties with regard
to the seizure of property and/or the preservation of evidence.
G.
Notwithstanding the foregoing, the removal of any damaged County
property, including, but not limited to, County vehicles, roadway
signs, bus shelters, fencing or guardrails, shall be the responsibility
of the Department of Public Works. The Commissioner of Public Works
shall ensure that the damaged County property is removed as soon as
practical and in accordance with any collective bargaining agreements.
H.
Whenever a County tow truck is used to tow vehicles, the County employee
operating the tow truck shall be required to clean up any debris in
the surrounding area resulting from the vehicle(s) they are towing,
including safety materials, such as flares, used to control the site.
A violation of this article shall be punishable, after conviction,
with a fine of not less than $100 and not more than $500.
