[HISTORY: Adopted by the Town Board of Town of Poughkeepsie 7-7-2021 by L.L. No. 6-2021. Amendments noted where applicable.]
Unless otherwise expressly provided, for the purpose of this
chapter, the following words shall have the meanings herein indicated:
Any accident or occurrence in which one or more vehicles
come into contact with a person, each other, or other objects, thereby
causing personal injury or property damage.
Any area of a street or public or private property where
a vehicular accident has occurred and from which a vehicle is removed
to prevent obstruction of traffic, which area will remain an accident
scene until the vehicle or vehicles are removed either under its/their
own power or by a properly licensed tow truck.
An individual, excluding a tow truck owner or operator, authorized
by the property owner to act on the property owner's behalf to authorize
a tow.
Any tow performed with the prior consent or authorization
of the owner, authorized agent or operator of the motor vehicle, including
but not limited to emergency situations and/or when tows are made
from private property.
Any person driving a tow truck within the enforcement jurisdiction
of the Town of Poughkeepsie.
Any tow performed without the prior consent or authorizations
of the owner, authorized agent, or operator of the motor vehicle,
including but not limited to emergency situations and/or when tows
are made from private property. The Town of Poughkeepsie Police Department
shall use the Town of Poughkeepsie Rotational Tow List to select a
towing service for nonconsensual tows. Nonconsensual tows include
the storage of the damaged and/or disabled motor vehicle until the
owner, operator or authorized agent claims the vehicle from storage.
The control and direction of the use of a vehicle for towing
from places within the enforcement jurisdiction of the Town of Poughkeepsie.
A person or entity that controls, drives, or directs the
use of a vehicle for towing from places within the enforcement jurisdiction
of the Town of Poughkeepsie.
A person owning, leasing, or controlling one or more tow
trucks and driving, operating or causing any such vehicle to be operated
within the enforcement jurisdiction of the Town of Poughkeepsie.
An individual, firm, (co)partnership, unincorporated association,
corporation or other entity.
Any activity involving police officers on a roadway, road
shoulder, public property, or private property. Activity by police
officers where a motor vehicle may be impounded and towed away.
To approach with a request or plea, to urge, to accost or
to try to obtain by asking.
A motor vehicle that tows or carries a damaged, disabled,
impounded, illegally parked or abandoned motor vehicle or a motor
vehicle involved in an accident, emergency, or other police activity
incident.
Any business entity engaged in towing services which may
be organized under a firm, (co) partnership, limited liability partnership,
limited liability company, corporation, or other form of organization
or business entity or operating as a DBA, inclusive of the company
owner(s), operator(s), and driver(s).
The moving or removing of a damaged, disabled, impounded,
illegally parked or abandoned motor vehicle by another vehicle.
A.
It is hereby declared and found that delay in removal of damaged
and disabled motor vehicles from accident scene(s), police activity
scene(s) and/or other emergency scene(s) may result in congestion
of traffic and may cause additional accidents; that the slowing or
stopping of motor vehicle traffic on a highway can create safety risk(s);
and that the towing of damaged and/or disabled motor vehicles from
the highways, streets and rights of way of the Town of Poughkeepsie
is a matter affecting the public interest and safety, and consequently,
should be subject to supervision and administrative control for the
purpose of safeguarding the public against traffic problems and confusion
at the scene of accidents, fraud and excessive rates and similar abuses.
Once members of the Town of Poughkeepsie Police Department arrive
at the scene of an accident, or other emergency or police activity,
that requires towing a motor vehicle, our police officers are responsible
for the safety of that scene. This local law gives them the authority
to manage the safety at any scene.
B.
This chapter has taken into consideration public safety needs and
the needs of the Town of Poughkeepsie Police Department, responding
fire department, emergency medical services, and towing personnel.
C.
It is the intent of this chapter to provide for the safety of the
motoring public and all police officers, firefighters, emergency medical
personnel and tow truck operators responding to or working at the
scene of a vehicle accident, emergency or other police activity on
any highway, street, roadway or right of way in the Town of Poughkeepsie;
and to establish a fair and uniform policy for the towing of motor
vehicles from accident and other incident scenes inclusive of the
surrounding immediate area(s) where other motorists and members of
the public may be traveling, walking and/or standing.
It is, therefore, the purpose and intent of this chapter to
establish an orderly system for the safe and expeditious removal of
damaged, disabled, impounded, illegally parked, or abandoned motor
vehicles from the streets, highways and rights-of-way and property,
in the Town of Poughkeepsie and to ensure that they are removed and
towed safely and quickly from the scene by towing services operating
in the Town of Poughkeepsie consistent with statutory and decisional
law.
A.
All tow truck companies must comply with all applicable rules and regulations of Federal Motor Carrier Safety Law, the New York State Vehicle and Traffic Law, the New York State Penal Law, the Regulations of the New York State Commissioner of Motor Vehicles, and the Town of Poughkeepsie Town Code. A tow truck company's failure to abide by the foregoing rules, regulations and statutory laws may result in suspension or removal from the Town of Poughkeepsie Rotational Tow List and subject to the violation and penalties provisions as provided for in Article II (§ 199-11) of this chapter, in addition to any criminal and/or civil prosecution.
B.
Tow trucks are not emergency vehicles and cannot violate any section
of the New York State Vehicle and Traffic Law while being driven to
the scene of an accident, parked at the scene of an accident, or towing
a vehicle from an accident/incident scene; or other emergency; or
police activity.
C.
The provisions of this section shall apply to all tow trucks and
tow truck companies operating in the Town of Poughkeepsie.
D.
Tow trucks operating in the Town of Poughkeepsie may display colored
and flashing lights as prescribed by New York State Vehicle and Traffic
Law Section 375(41). Tow trucks are hazard vehicles and, other than
statutorily required lights, tow trucks may display one or more amber
flashing lights while engaged in a hazardous operation. "Hazardous
operation" does not include responding to a call from any law enforcement
agency to provide tow services in the Town of Poughkeepsie.
E.
No tow truck company or tow truck, other than the tow truck company
which has been called to an accident, emergency, or other police activity
scene by the Town of Poughkeepsie Police Department from the Town's
Rotational Tow List, shall respond to, drive past the scene multiple
times; nor park, stop or stand within 500 feet of said scene.
F.
Tow truck(s) that have been called to the scene by the Town Police
Department from the Town's Rotational Tow List or by the owner, authorized
agent or operator of the vehicle shall park where directed by the
Town of Poughkeepsie police officers at the scene.
G.
All tow truck companies, drivers and operators who are removing a
wrecked or damaged vehicle from a highway shall remove any glass or
other injurious substance dropped upon the highway, in accordance
with the New York State Vehicle and Traffic Law Section 1219(c). A
tow truck company called to the scene of a crash involving serious
injury or death, or where a police investigation is ongoing, shall
not remove or otherwise cause to be disturbed any debris or move or
reposition any vehicles until directed to do so by police personnel
at the scene.
H.
No tow truck operator or any person at an accident scene or other
scene shall solicit towing services, repair services or storage services
from any person involved or injured in the accident or at the scene
of any incident within the Town of Poughkeepsie.
I.
All tow trucks must comply with New York State Vehicle and Traffic
Law Section 397 which provides that a person, not a police officer
or peace officer, acting pursuant to his special duties, who equips
a motor vehicle with a radio receiving set capable of receiving signals
on the frequencies allocated for police use by mounting such radio
in the tow truck or carry such portable radio also capable of receiving
transmission on radio frequencies on their person while operating
or riding in a tow truck is guilty of a misdemeanor, punishable by
a fine not exceeding $1,000, or imprisonment not exceeding six months,
or both.
A.
In order to provide for the safety of the motoring public, the safety
of all police officers, firefighters and emergency medical personnel
responding to or working at the scene of any vehicle accidents, or
police activity, or other emergency on any highway, road, parking
lot, public way, public or private property in the Town of Poughkeepsie.
It is the intent of the Town Board of the Town of Poughkeepsie to
establish a fair and equitable uniform policy for the nonconsensual
towing of vehicles from these scenes consistent with statutory and
decisional law.
B.
The public safety needs, the safety needs of police officers, firefighters
and emergency medical personnel and the interests of the tow industry
will be met by providing tow truck companies on the Town of Poughkeepsie
Rotational Tow List with 1) a consistent program for the equitable
distribution of tow calls within the Town of Poughkeepsie; 2) tow
truck requirements for continued participation and placement on the
Town of Poughkeepsie Rotational Tow List and service to the Town of
Poughkeepsie Police; and 3) fair and equitable means to resolve disputes
between a) the tow truck companies and the Town of Poughkeepsie Police
and b) the processing of consumer concerns.
C.
The Town of Poughkeepsie Rotational Tow List shall be utilized by
the Town of Poughkeepsie Police for all nonconsensual tows and for
otherwise consensual tows which cannot be effectuated within 30 minutes
from the time consensual tow services are requested by the owner,
operator, or authorized agent.
D.
It follows then that the Town of Poughkeepsie must set the criteria,
requirements, minimum levels of experience among other conditions
for a tow company to be placed on the Town of Poughkeepsie's Rotational
Tow list. This is done to protect the Town of Poughkeepsie from liability
and legal action by the owner or person in control of the motor vehicle
which has been the subject of a nonconsensual tow. That nonconsensual
tow also includes the storage of the motor vehicle, until the owner
or person in control of the motor vehicle can reclaim their vehicle.
The Town of Poughkeepsie requires that any tow truck company
applicant for participation and placement on the Town of Poughkeepsie
Rotational Tow List must meet the following standards:
A.
Each tow truck company must have been in business for one year under
its current company name and shall have an established commercial
address, no PO boxes or office fronts at the time of application submission
to the Town of Poughkeepsie Police Department.
B.
Each tow truck company may submit only one application for participation
and placement on the Town of Poughkeepsie Rotational Tow List. All
tow truck companies organized as a limited liability partnership,
limited liability company, corporation or other form of organization
must provide evidence of good standing with the NYS Department of
State, confirm the validity of the applicant's license and insurance
information, and avoid duplication of tow truck companies participating
and being placed on the Town of Poughkeepsie Rotational Tow List.
C.
The Town of Poughkeepsie Police Department shall provide written
notice to an applicant of its approval to be on the rotational tow
list or the reason or reasons for denial of their application.
D.
The Town of Poughkeepsie Rotational Tow List shall remain valid and
in effect until such time as the list is disbanded by action of the
Town of Poughkeepsie Town Board.
E.
Each tow truck company application must include the following information
to be provided to the Town of Poughkeepsie Police Department:
(1)
USDOT or NYSDOT Number.
(2)
Federal Identification Number.
(3)
New York State Sales Tax Identification Number.
(4)
Proof that there is in-place and maintained NYS Workers Compensation
Insurance.
(5)
All persons and entities having an ownership interest in the company.
(6)
A list of all tow truck(s) to be operated in the Town of Poughkeepsie
together with a copy of valid inspection, NYS Registration Number(s)
and Vehicle Identification Number(s) for each tow truck. All inspections
and registrations shall be kept current during all times of participation
and placement on the Town of Poughkeepsie Rotational Tow List.
(7)
A list of all drivers who will be operating each tow truck, including
the driver's name, address, date of birth and copies of each driver's
license and driving abstract.
(8)
Any other information the Chief of Police or his/her designee determines
to be necessary regarding the applicant's background and suitability
for participation and placement on the Town of Poughkeepsie Rotational
Tow List including but limited to its towing enforcement history,
credit worthiness and history of relevant business practices.
F.
Each tow truck company shall add the name(s) of any new operator(s) or driver(s) to their list of drivers supplied in § 199-6E(7) above and forward a copy via mail of the updated list to the Town of Poughkeepsie Police Department within five business days of adding any such operator(s) or driver(s). Each tow truck company shall be responsible to maintain proof of mailing.
G.
Each tow truck company must notify the Town of Poughkeepsie Police Department in writing via mail to remove any driver or operator's name from their list supplied in § 199-6E(7) above within 10 business days of a driver and/or operator no longer being employed by their company. Each tow truck company shall be responsible to maintain proof of mailing.
H.
Each tow truck company must provide the Town of Poughkeepsie Police
Department with a valid Certificate of Insurance naming the Town of
Poughkeepsie as certificate holder and as the additional insured with
the following minimum coverage required:
(1)
Light duty list:
|
General Auto Liability
(personal injury and property damage combined)
|
$1,000,000 each occurrence
|
|
Garage Keepers Liability
(coverage for vehicles in vehicle storage facility)
|
$400,000 each occurrence
|
|
On-Hook Direct Primary
(coverage when vehicle is being towed or carried)
|
$400,000 each occurrence
|
|
Umbrella Coverage
|
$1,000,000
|
|
NYS required Workers Compensation coverage for all listed drivers as listed in § 199-6E(7)
| |
|
NYS required Disability coverage for all listed drivers as listed in § 199-6E(7)
| |
(2)
Heavy duty list:
|
General Auto Liability
(personal injury and property damage combined)
|
$1,000,000 each occurrence
|
|
Garage Keepers Liability
(coverage for vehicles in vehicle storage facility)
|
$750,000 each occurrence
|
|
On-Hook Direct Primary
(coverage when vehicle is being towed or carried)
|
$750,000 each occurrence
|
|
Umbrella Coverage
|
$2,000,000
|
|
NYS required Workers Compensation coverage for all listed drivers as listed in § 199-6E(7)
| |
|
NYS required Disability coverage for all listed drivers as listed in § 199-6E(7)
| |
I.
Each tow truck company on the Town of Poughkeepsie Rotational Tow
List shall agree to defend, indemnify, and hold harmless the Town
of Poughkeepsie from any claims or liabilities which may occur as
a result of performing service at the request of the Town of Poughkeepsie
Police Department.
J.
All towing truck companies must own, lease or sublease either a lighted,
fenced, and locked outdoor area or an indoor locked vehicle storage
facility in which to store towed vehicles. The facility shall prevent
unauthorized access to the towed/stored vehicles. The storage facility
shall be in compliance with all applicable zoning and building code
requirements and shall be located within the Town of Poughkeepsie
or within two driving miles of the Town of Poughkeepsie.
K.
The vehicle storage facility shall be under the control of the tow
truck company applicant and shall not be used by any other tow company.
Multiple tow truck companies may use the same storage location if
each tow company has an individually fenced, locked, controlled, and
separate storage area.
L.
Each tow truck company must maintain all records required by this
chapter at their office or their vehicle storage facility. Each tow
truck company must maintain copies of all New York State Driver's
Licenses with tow endorsements for all tow truck company driver(s)
as well as current valid registrations, inspections and insurance
cards for all tow trucks operated in the Town of Poughkeepsie.
M.
All tow truck companies shall have staff available at the vehicle
storage facility or available by telephone, for vehicle redemption
on Mondays through Fridays between the hours of 9:00 a.m. to 5:00
p.m. on regular business days. All tow truck companies may release
a vehicle from their storage facility during holidays or on weekends.
N.
Should a tow truck company not be available Mondays through Fridays
between the hours of 9:00 a.m. to 5:00 p.m. or on weekends and holidays
to release a vehicle, that towing company cannot charge for storage
to the vehicle owner or authorized agent in control of the vehicle
for those days.
O.
If complaints are received by the Town of Poughkeepsie or the Town
of Poughkeepsie Police Department indicating the charge for release
of the towed vehicle has been unreasonable or exorbitant, the Town
Board may revisit this chapter and take an action to protect the public
from such unreasonable or exorbitant charges, by fixing the charge
that can be made, for release/storage of vehicles towed by a tow company
on the Rotational Tow List.
P.
Tow truck companies shall list their charges for impound towing,
accident towing, winching, cleanup, and storage fees for Light Duty
and Heavy Duty tow lists, which lists shall be provided to the Town
of Poughkeepsie Police during annual inspection(s) of each tow truck
company on the Rotational Tow List. Such submitted lists are a public
record and subject to release to the public under the Freedom of Information
Law.
Q.
Tow truck companies must accept at least two major credit cards,
one of which must be a bank card and not restricted to cash-only transactions.
R.
Any reports or complaints regarding excessive fees or additional
fees for towing services should be brought to the attention of the
Chief of Police or his/her designee.
S.
All tow truck companies placed on the Town of Poughkeepsie's Rotational
Tow List must make their facilities, vehicle storage areas and equipment
available for scheduled inspections by the Town of Poughkeepsie Police
Department.
T.
In addition to scheduled inspections of tow truck company facilities,
the Town of Poughkeepsie Police Department has the right to inspect,
at any time, all tow trucks operated by any tow truck company in the
Town of Poughkeepsie, including but not limited to each tow truck's
insurance documentation, vehicle registration and any owner, operator,
or driver's license(s) with endorsements, at any time the tow truck
is being operated, stopped, standing, or parked on any roadway in
the Town of Poughkeepsie.
U.
The placement of, or participation by, a tow truck company on the
Town of Poughkeepsie's Rotational Tow List does not create a property
right or interest of the tow truck company in the Rotational Tow List
position. A tow truck company's position on the Rotational Tow List
is not transferable.
V.
Tow truck companies are not permitted to subcontract any tow call
to another tow truck company. Tow truck companies must have their
own tow truck available and able to respond in order to fulfill a
request for service by the Town of Poughkeepsie Police Department.
W.
Each tow truck company currently on the Rotational Tow List must
reapply to the Town of Poughkeepsie Police Department to continue
to participate on the Rotational Tow List:
(1)
Every year at the anniversary date of their initial application acceptance.
(2)
If there is a tow truck company transfer of 10% or more in company
ownership interests; and/or
(3)
If the company purchases, acquires or takes control of another tow
truck company whether or not such acquired tow truck company is currently
participating and/or placed on the Town of Poughkeepsie Rotational
Tow List.
X.
Should a new tow company want to be considered to be placed on the
Rotational Tow List, that company must file a full and complete application
with the Town Police. The Chief of Police and/or his/her designee,
in their discretion, shall determine whether the application meets
the requirements of this chapter.
Y.
The Town Board, with input from the Chief of Police, shall, by resolution,
set the number of tow companies that are listed on the active Rotational
Tow List.
(1)
The number of tow companies to start the new rotational tow list
will be 15.
(2)
The numerical order for the rotational tow will be set by the Town
Board after the application period for the new rotational tow list
expires. A lottery may be used.
(3)
Should a vacancy occur the Chief of Police is authorized to appoint
a replacement tow company.
A.
To be qualified to respond to a call from the Town of Poughkeepsie
Police Department, all tow truck companies, drivers and operators
must comply with the following requirements:
(1)
All tow truck operators and drivers must have one year of verifiable
work experience in the operation of tow trucks and the towing of vehicles.
(2)
With respect to the Light Duty Rotational Tow List:
(a)
Each tow truck company on the Light Duty List shall have a minimum
of two drivers available, either full-time or part-time, to respond
with a tow truck and/or flatbed truck when necessary.
(b)
Each tow truck operator and driver shall maintain a valid license
with applicable tow endorsements for the classification of tow truck
or vehicle being driven or operated at an accident, emergency, or
other police activity scene.
(3)
With respect to the Heavy Duty Rotational Tow List:
(a)
Each tow truck company on the Heavy Duty List shall have a minimum
of two drivers available, either full-time or part-time, to respond
with tow trucks and/or support vehicle when necessary.
(b)
Each tow truck operator and driver shall maintain a valid CDL-A
license with applicable tow endorsements for the classification of
tow truck or vehicle being driven or operated at an accident, emergency,
or other police activity scene.
B.
The Town of Poughkeepsie Police Department reserves the right to
require or conduct criminal background checks on any tow truck company
applicant or tow truck company owner, driver or operator placed on
the Town of Poughkeepsie Police Rotational Tow List at any time.
A.
All tow truck companies participating and placed on the Town of Poughkeepsie
Rotational Tow List must comply with all applicable New York State
and federal laws and regulations governing equipment requirements,
and must further comply with the following.
B.
Light Duty List for towing vehicles up to 9,999 pounds.
(1)
Light Duty List tow truck companies shall have the following equipment:
(a)
A minimum of one tow truck with a minimum 6,000-pound lifting
boom on the rear of the truck and a 6,000-pound power winch equipped
with a minimum of 75 feet of three-eighths-inch wire or synthetic
rope. Tow trucks shall have a gross vehicle weight rating (GVWR) over
10,000 pounds; and/or
(b)
A flatbed truck with a minimum gross vehicle weight rating (GVWR)
of at least 15,000 pounds with at least 50 feet of three-eighths-inch
wire or synthetic rope.
(c)
All trucks are to be equipped with:
[1]
A broom.
[2]
A shovel.
[3]
Speedi dry or equivalent oil absorbent product.
[4]
Minimum Grade 7 recovery chains, straps, and safety chains.
[5]
Minimum one snatch block per wire or synthetic rope line.
[6]
Warning lights or strobes visible 360° that comply with
New York State Law, specifically NYSVTL § 375-41(3) Colored
and Flashing Lights.
[7]
Auxiliary mounted rear tail and stop lights.
C.
Heavy duty for towing vehicles 10,000 pounds and over.
(1)
Heavy Duty List Towing companies shall have the following equipment.
(2)
Tow trucks with tow and recovery capacities for Class 3 through Class
8 vehicles. All trucks are to be equipped with:
(a)
A broom.
(b)
A shovel.
(c)
Speedi dry or equivalent oil absorbent product.
(d)
Minimum Grade 7 recovery chains, straps, and safety chains.
(e)
Minimum one snatch block per wire or synthetic rope line.
(f)
Warning lights or strobes visible 360° that comply with
New York State Law, specifically NYSVTL § 375-41(3) Colored
and Flashing Lights.
(g)
Auxiliary mounted rear tail and stop lights.
D.
All tow truck companies must have their tow trucks and flatbeds permanently
lettered with the tow company name and must display their NYSDOT and
USDOT numbers for such company. Tow trucks may not have more than
one company name listed thereon to be eligible to be placed on the
Town of Poughkeepsie Rotational Tow List. The full business name lettered
on the tow truck must match the tow truck company name, as approved
by the Town of Poughkeepsie Police Department at the time of application
to be placed on the Rotational Tow List.
A.
The Town of Poughkeepsie Police Department shall maintain two Rotational
Tow Lists as follows:
B.
The Town of Poughkeepsie Police Department shall contact tow truck
companies in the following priority:
(1)
For consensual tows, the tow truck company requested by the owner,
operator or authorized agent shall be contacted by the Town Police.
The Town police officers at the scene may in their discretion call
a tow truck company from the Rotational Tow List should the requested
tow truck company be unable to respond to the scene within 30 minutes.
(2)
For nonconsensual tows, if the owner, operator, or authorized agent
have no preference or are unable to consent to a tow truck company
being utilized the Police Department shall contact the next tow truck
company on the Rotational Tow List to respond to the scene.
(3)
If the Town police officer at the scene determines in his/her discretion
that there is imminent danger to public safety, the tow truck company
from the Rotational Tow List with the shortest response time may be
utilized and respond to the scene.
(4)
Subcontracting is not allowed.
(5)
In the event of a multivehicle accident scene, where more than one
tow truck is determined to be needed by the Town police officer at
the scene, the Town of Poughkeepsie Police Department dispatch will
make additional calls to tow truck companies on the Rotational Tow
List in order, and once a tow truck company has responded to a call,
or failed to respond, the company shall be marked accordingly in the
dispatch log, and the next company on the list will be contacted and
utilized.
C.
Response time Monday through Friday 7:00 a.m. to 6:00 p.m. shall
be 20 minutes. All other hours the response time shall be 30 minutes,
weather permitting.
D.
The Town of Poughkeepsie Police Department's Dispatch shall maintain
a log of all Rotational Tow List requests to tow truck companies for
tow services. The log shall include the name of the tow truck company,
the time the dispatch call was made and whether the company responded.
Upon the tow truck company's arrival at the scene, the Town police
officer at the scene shall advise dispatch of the tow truck's arrival.
The arrival time shall then be noted on the Rotational Tow List log.
E.
In the case of nonconsensual tows, evidence vehicles or police-impounded
vehicles, when directed by a Town of Poughkeepsie police officer,
must be towed to the police evidence vehicle storage area or the police
impound vehicle storage area.
Should the vehicle, other than identified as above (evidence or police impound - Subsection E(1) and (2) below) in a nonconsensual tow, (2 c- below) the vehicle should be towed to a New York State registered repair shop or New York State registered autobody shop, or to the tow company's own vehicle storage facility, or such other location as designated by the owner, operator, or authorized agent of the vehicle. In the case that the owner, operator, or authorized agent of the vehicle wants the vehicle towed to a location other than as noted above, the tow truck operator must tow the vehicle to the location requested. The tow truck operator/driver is then entitled to be paid for the tow of the vehicle, to the owner's requested location, at the time the vehicle is dropped off the tow truck.
F.
Tow truck companies placed on the Town of Poughkeepsie Rotational
Tow List must provide one permanent day and/or night telephone number
to be utilized by the Town of Poughkeepsie Police Department when
calling the company to respond to an accident, emergency, or other
police activity scene.
(1)
If a tow truck company on the Rotational Tow List failed to respond,
is not available, or refuses to respond the Town of Poughkeepsie Police
Department will reflect same in its dispatch records and the next
tow truck company on the Rotational Tow List will be called to respond
to the scene.
G.
Any tow truck company listed on the Town's Rotational Tow List that refuses calls by the Town of Poughkeepsie Police Department from the Rotational Tow List or fails to answer calls from the Police Department are subject to the violations and penalties set forth in § 199-11 of this chapter.
H.
No tow truck company, tow truck owner, or tow truck operator may
equip their tow truck, or allowed it to be equipped, with a radio
receiving set capable of receiving signals on the frequencies allocated
for police use.
(1)
Police officers who find any tow truck equipped with a radio receiving
set capable of receiving signals on the frequencies allocated for
police use (mounted in the vehicle or carried as a portable radio
by an occupant of the tow truck) may, if applicable, charge the operator
of said tow truck with a violation of New York State Vehicle and Traffic
Law § 397, a misdemeanor.
(2)
The processing of any evidence following the arrest shall follow
the current procedures in the Town of Poughkeepsie Police Department,
including the logging in and holding of any evidence supporting the
charge.
A.
Town of Poughkeepsie police officers at the scene of accidents, emergencies
or other incidents may periodically inspect tow truck company registration,
insurance, inspection, and license documentation to ensure its validity
and compliance with federal and state regulations.
B.
The Town Police Department shall schedule annual inspections of the tow truck companies placed on the Town of Poughkeepsie Rotational Tow List including their vehicle storage facility and all the vehicles operated by the tow truck company in the Town of Poughkeepsie. The date of said annual inspection shall be as close as possible but not prior to the tow company's anniversary date (§ 199-6W).
C.
Annual inspections shall be scheduled with the tow truck company
owner(s) at least two weeks in advance of the inspection date, whenever
possible.
D.
During annual inspections, Town police officers will inspect and
review each tow truck and its NYS registration, NYS inspection, and
insurance documentation and the secured storage area required by this
chapter.
E.
If the Town police officer determines there are deficiencies or violations
of this chapter during the initial inspection. The police officer
will advise the tow company of the violation or deficiencies before
leaving the inspection. The police officer shall reinspect the tow
truck company, its documentation and/or the secure storage area, as
may be applicable, within two weeks to ensure that any noted deficiencies
or violations have been remedied.
F.
If the deficiencies or violations have not been remedied by the tow truck company upon reinspection, the matter may be dealt with as provided for in the § 199-11, Violation and penalties, set forth below.
G.
Within 10 days of the completion of the annual inspection the Town
of Poughkeepsie Sergeant or police officer conducting the inspection/reinspection
shall notify the Town of Poughkeepsie Comptroller's Office, on a form
provided by the Comptroller's Office, of the fees/inspection/reinspection
and completion. The Town of Poughkeepsie Office of the Comptroller
shall bill the towing company for the inspection and reinspection.
H.
Annual Fees will be paid to the Town of Poughkeepsie by the tow truck
company.
(1)
The first such payment will be attached to the application for a
position on the Town's Rotational Tow List. Thereafter, on the anniversary
date of the acceptance of their application or the annual inspection
to be on the Town's Rotational Tow List. Payment is due upon receiving
an invoice from the Town of Poughkeepsie Comptroller's Office, in
the following fee schedule:[1]
(a)
A yearly fee of $150 per tow company.
(b)
A yearly fee of $55 per tow truck.
(c)
A yearly fee of $77 per heavy duty tow truck.
(d)
A yearly fee of $55 per driver/operator.
(e)
A yearly fee of $150 per site visit (vehicle storage facility)
including travel time.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
(2)
These fees are to cover the costs to the Town of Poughkeepsie for
the use of our police officers to do the required inspections and
personnel checks of the tow companies on the Town's Rotational Tow
List.
I.
A reinspection fee of $75 shall be paid to the Town of Poughkeepsie
by the tow truck company upon receiving an invoice from the Town of
Poughkeepsie Comptroller's Office for each reinspection.[2]
[2]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
J.
Failure to pay any fees within 30 days of the invoice date will result
in the immediate suspension of the towing agency from the Rotational
Tow List.
K.
A tow truck company may have its suspension lifted due to nonpayment
of fee(s), after the company pays the original fee (as noted above),
plus any reinspection fees, plus a late payment charge of $75 in full
to the Town of Poughkeepsie.[3] These fees must be paid within 30 days, or
the tow company will be removed from the rotational tow list and a
full application process and application fees will be required.
[3]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
L.
The amount of the annual fees shall be determined and set by the
Town of Poughkeepsie Town Board at their annual reorganizational meeting.
If the Town of Poughkeepsie Town Board does not make any change(s)
to the annual fees at their annual reorganization Town Board meeting,
the current fee schedule remains in full force and effect.
A.
Any person who shall resist or obstruct any police officer, authorized
officer, agent, or employees of the Town of Poughkeepsie in the enforcement
of the provisions of this chapter may be charged under the appropriate
section of the New York State Penal Law.
(1)
The tow company or the tow truck driver, for violations of this chapter,
upon conviction, may be subject to a fine not to exceed $1,000 or
a jail sentence of not more than 15 days, or both, for each violation,
which shall constitute a separate offense within the meaning of this
chapter.
B.
Further, all tow truck companies must comply with all applicable
rules and regulations of Federal Motor Carrier Safety Law, the New
York State Vehicle and Traffic Law, the New York State Penal Law,
the Regulations of the New York State Commissioner of Motor Vehicles,
and the Town of Poughkeepsie Town Code. A tow truck company's failure
to abide by the foregoing rules, regulations and statutory laws may
result in suspension or removal from the Town of Poughkeepsie Rotational
Tow List if it is a listed company and are subject to the violation
and penalties set forth in this section, in addition to any criminal
and/or civil prosecution.
C.
The Town of Poughkeepsie Police Department and any other law enforcement
officer with proper jurisdiction, are authorized to issue appearance
tickets, as defined in New York State Criminal Procedure Law Section
150.10 for violations of this chapter.
D.
The following administrative violations are listed here to insure
the safe and proper operation of tow trucks and tow truck companies
on the Town of Poughkeepsie Rotational Tow List when called by the
Town of Poughkeepsie Police Department to respond to or operate at
any accident, emergency, or other police activity scene:
|
First
|
Second
|
Third
| |
|---|---|---|---|
|
Late response late to a call
|
A
|
B
|
C
|
|
Failure to clean up debris
|
A
|
B
|
C
|
|
Failure to maintain required vehicle storage facility
|
A
|
C
|
E
|
|
Rudeness to customers
|
A
|
B
|
C
|
|
Refusal to accept a credit card
|
B
|
C
|
D
|
|
Failure to respond to a call
|
C
|
D
|
E
|
|
Refusal to provide service
|
B
|
C
|
D
|
|
Refusal to release a vehicle
|
B
|
C
|
D
|
|
Refusal to release property in a vehicle
|
B
|
C
|
D
|
|
Refusal to follow police directives
|
B
|
C
|
D
|
|
Violation of local, state or federal law
|
E
|
E
|
E
|
|
Unsafe practices
|
B
|
C
|
D
|
|
Overcharging
|
B
|
C
|
D
|
|
Soliciting or allowing soliciting at accident scene
|
E
| ||
|
Equipping tow truck with radio receiving sets (§ 199-9H above)
|
E
|
|
A
|
=
|
Letter of reprimand
|
|
B
|
=
|
One-week suspension from Rotational Tow List
|
|
C
|
=
|
Four-week suspension from Rotational Tow List
|
|
D
|
=
|
Six-month suspension from Rotational Tow List
|
|
E
|
=
|
Removal from the Rotational Tow List
|
A.
The Chief of Police or his/her designees are charged with ensuring
compliance with this chapter.
B.
A tow truck company's placement on the Town of Poughkeepsie Rotational
Tow List may be suspended or revoked if the company or its driver(s)
or operator(s) violate any federal, New York State, or local law,
ordinance, rule, or regulation regarding the operation of the towing
business or the fitness to conduct such business.
C.
For an administrative violation of this chapter, as noted in § 199-11D, the Town of Poughkeepsie Police Department shall issue written notice to the tow truck company containing a statement of the manner in which the company or its driver(s) and operator(s) are in violation of this chapter, and the penalty under § 199-11 for violation(s). The company or its driver(s) or operator(s) will be offered an opportunity to be heard.
D.
The list of any administrative violations on the record of any tow
company listed on the Town's Rotational Tow List shall be remove,
starting with the date of the third annual reapplication/inspection
of that tow company, after the last violation date, only if there
have been no subsequent violations.
The intent here is that no administrative violation and penalty
should be permanent. They should be removed after three years unless
there are more violations committed during that time period. Should
a tow company or tow truck driver have a history of multiple administrative
violations, they will be removed from their record after three years
without another violation.
This chapter shall take effect 90 days after filing with the
Department of State and when effective will supersede and replace
all current tow list laws and policies.
