Unless otherwise expressly provided, for the purpose of this chapter,
the following words shall have the meanings herein indicated:
ACCIDENT
Any incident or occurrence in which one or more vehicles comes into
contact with each other or other object, thereby causing personal injury or
property damage.
DRIVER
Any person driving a tow car for hire within the enforcement jurisdiction
of the Village.
FOR HIRE
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 vehicle. For the purpose
of this chapter, the towing of a motor vehicle with a registration different
from the tow car shall be presumed to be for hire.
OPERATE
The control and direction of the use of a vehicle for towing from
places within the enforcement jurisdiction of the Village.
OWNER
A person owning, leasing or controlling one or more tow cars and
driving, operating or causing any such vehicle to be operated for hire within
the enforcement jurisdiction of the Village.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
RESTRICTED LICENSE
That license issued to the owners of towing cars and authorizing
the holder thereof to engage in all tow car operations, except that he may
not respond to the scene of an accident or remove a disabled vehicle from
the scene of an accident; nor may he solicit any person 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 he, at the scene of an accident where towing is required, make an
estimate of the cost of repairs or offer to make such an estimate or 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 the private property in
the vicinity of the scene of the accident.
SCENE OF ACCIDENT
Any area of a street or private property where a vehicular accident
has occurred or to which a vehicle is removed 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.
SOLICIT
To entreat, to approach with a request or plea, to strongly urge,
to accost or to try to obtain by asking.
TERMINAL
Any place of business maintaining twenty-four-hour service and located
within the Village, the Town of North Hempstead or within an incorporated
Village located within the area of the Town of North Hempstead, where the
licensee, as the sole business activity conducted on the premises, or in conjunction
with a business activity on the premises owned or operated by the licensee,
maintains a licensed tow car to respond to calls regarding motor vehicles.
TOWING
The moving or removing of a motor vehicle by another vehicle or tow
car for hire.
TOWING CAR or TOW CAR
A vehicle which either is towing or is equipped with a crane, winch
or similar device designed to raise, remove, push, pull or carry a motor vehicle
or the front or rear end thereof. For the purpose of this section, the following
shall not be considered "towing cars":
A.
Vehicles of a governmental agency.
B.
Vehicles used exclusively for towing motor vehicles which are owned,
leased or operated by the owner or lessee of the towing vehicle or by a person,
firm or corporation which is affiliated with the owner of the towing vehicle,
and such vehicles have legibly inscribed on each side, in letters not less
than three inches high, the legend "not for public hire."
TOWN
The Town of North Hempstead.
UNRESTRICTED LICENSE
That license which is issued to the owners of towing cars authorizing
the holder thereof to engage in all tow car operations, including responding
to the scene of an accident as hereinafter provided. The Town 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 or she may establish.
VILLAGE
The Village of Great Neck Estates.
Any applicant who shall have been denied a license under this chapter
or who shall have been issued a license for fewer tow cars than the number
for which application was made or whose license has been suspended or revoked
by the Town Clerk may, in addition to whatever other legal recourse is available,
apply to the Town Board for a review of the action by the Town Clerk as hereinafter
provided.
A. The application to review the Town Clerk's determination
shall be in writing, signed and verified by the applicant, and shall state
the reasons for claiming that the Town Clerk's determination was erroneous.
B. The application for such review must be filed with the
Town Clerk within 20 days of the receipt by the applicant, either by mail
or in person, of the denial of the Town Clerk.
C. Upon the filing of such application to review, the Town
Board shall hold a hearing thereon within 30 days from the filing of the application
referred to above, pursuant to the provisions hereinafter set forth.
Causes for suspension and/or revocation of license:
A. Any license issued hereunder may be suspended or revoked,
for a period to be determined by the Town Clerk, if the holder thereof shall
violate any provision of this law or any rule or regulation adopted hereunder
or of any law, rule or regulations of the Village or if the holder thereof
shall be convicted of a violation of the Vehicle and Traffic Law of the State
of New York, except parking violations, or of any law or regulation of the
State of New York or of any municipality of the State of New York or of any
crime or if the holder thereof shall be guilty of making a false statement
or misrepresentation on his or her application. A license hereunder shall
not be suspended or revoked by the Town Clerk without a hearing having been
held thereupon not less than two business days after written notice thereof
shall have been given to the licensee, either in person or by registered or
certified mail.
B. The Town Clerk, upon receiving information giving reasonable
cause to believe that the holder of any license issued hereunder has violated
any provision of this chapter or has been convicted of any violation referred
to in this section, or is guilty of having made a false statement or misrepresentation
in his or her application, may temporarily suspend forthwith such license
until such time as a hearing is held by the Town Clerk as provided in this
section and the Town Clerk shall have rendered a determination thereon.
C. No person shall give or offer to give any payment, fee,
reward or other thing of value, directly or indirectly, for obtaining information
of a disabled 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. Violation of this subsection shall be a ground upon
which the Town Clerk may suspend any towing license pursuant to final disposition
in the manner set forth in this section.