[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 75 of the 1968
Code of the Village of Lindenhurst. Amendments noted where applicable.]
[Amended 6-17-1997 by L.L. No. 2-1997]
It is hereby declared and found that the towing
of disabled motor vehicles in the streets of the Village of Lindenhurst
is a matter affecting the public interest and should be subject to
supervision and administrative control for the purpose of safeguarding
the public against fraud and exorbitant rates and similar abuses and
that it is of vital importance to the traveling public that disabled
vehicles be removed from the streets and highways as promptly as possible
to avoid possible accidents and retarding the movement of traffic.
This chapter is not intended to apply to the towing of motor vehicles
from private property in circumstances where no accident or impound
is involved, provided that the owner of the motor vehicle has solicited
the tow.
This chapter shall be known and may be cited
as the "Tow Truck Ordinance of the Village of Lindenhurst."
[Amended 4-25-1978 by L.L. No. 6-1978]
It shall be unlawful for any person to solicit
towing work at the scene of any motor vehicle accident on private
property or on a public highway within the Village, provided that
the Village has approved, adopted or ratified these provisions.
A.
It shall be unlawful for any person to drive along
any public street or highway within the Village of Lindenhurst for
the purpose of soliciting towing work.
B.
Except as provided in Subsection C of this section, the provisions of this chapter relative to the operation of tow trucks shall not apply to tow trucks operated from points outside of the limits of the Village of Lindenhurst, provided that such tow trucks shall have been licensed and are operated in accordance with the provisions of the rules, regulations or amendments of an ordinance relating to tow trucks, adopted and in force in the municipality or political subdivisions from which such tow truck shall operate and have its principal place of business and shall display the license as required by such ordinance.
C.
The exemption provided in Subsection B of this section shall not apply to a tow truck which is habitually operated on any street or highway within the Village of Lindenhurst from one point in the Village to another point in the Village, regardless of where its principal place of business shall be located.
[Amended 4-25-1978 by L.L. No. 6-1978]
A.
License required. No person shall operate a truck
or other type of motor vehicle designed and capable of towing other
motor vehicles for hire within the Village of Lindenhurst unless a
license shall first have been obtained for such truck from the Administrator
Clerk of the Village of Lindenhurst as hereinafter provided, except
that tow truck operators from outside the Village of Lindenhurst,
without a license, may enter the Village of Lindenhurst to remove
a motor vehicle from any garage but may not remove a motor vehicle
from an accident scene or road site.
B.
Tow truck license. The annual fee for a tow truck
license shall be established by resolution of the Village Board.
[Amended 6-17-1997 by L.L. No. 2-1997; 1-17-2017 by L.L. No. 1-2017]
No such license shall be issued unless an application
therefor shall have been filed with the Village Administrator Clerk
upon a form prescribed therefor, which shall include:
A.
The name and address of the applicant, address or
place where tow cars are to be garaged and from where dispatched,
specifying, in the case of any unincorporated association, the names
and addresses of each member thereof and, in the case of any corporation,
the names and addresses of each officer, director and stockholder
thereof.
B.
A statement that he has read and understands the provisions
of this chapter and will abide by them if issued a license.
C.
The age and citizenship of the applicant and each
member thereof, if an unincorporated association, and each officer,
director and stockholder thereof, if a corporation.
D.
The description and registration number of the tow
truck to be operated.
E.
The amount of liability and property damage insurance
on said tow truck, the name of the insurance company and the policy
number. Such insurance shall be in the minimum amounts of $100,000/$300,000
automobile liability insurance and $25,000 property damage insurance
and garage liability insurance, if applicable.
[Amended 6-17-1997 by L.L. No. 2-1997]
F.
The schedule of maximum prices the licensee agrees
to charge during the term of the license for towing motor vehicles
from points within the Village of Lindenhurst and for the legal storage
of such vehicles at a public garage as hereinafter specified. Such
schedule may be based upon the distance that each motor vehicle is
to be towed, the weight of the vehicle towed and upon the time of
day or night such services are performed.
[Amended 4-25-1978 by L.L. No. 6-1978]
G.
Whether or not the licensee wishes to be placed on
the nonaccident roster.
H.
Whether the applicant holds a license or licenses
for any truck or trucks issued by the Town of Babylon or any incorporated
Village in the Town of Babylon and the numbers thereof.
I.
Any other relevant information which the Village Administrator
Clerk may require. Such information shall include proof that the use
of the premises as a towing facility is permitted.
[Amended 6-17-1997 by L.L. No. 2-1997]
J.
Other information. Material identifying the applicant
physically and referencing the applicant's good character and business
responsibility, a record of traffic infractions and criminal convictions
and the location of storage or impoundment facility to which vehicles
are to be towed may be required on the application form.
[Added 4-25-1978 by L.L. No. 6-1978]
[Amended 4-25-1978 by L.L. No. 6-1978; 12-19-1989 by L.L. No. 11-1989; 6-17-1997 by L.L. No. 2-1997]
The Village Administrator Clerk shall not issue
a license under this chapter to any applicant found, upon investigation,
to have made a materially false statement or misrepresentation in
his application; to not have a storage yard in the Village of Lindenhurst
or within one mile of the territorial limits of the Village not less
than 4,500 square feet in dimensions and enclosed by a six-foot chain
link fence with privacy slats set at an angle; to have storage or
impoundment facility in violation of the zoning, building or fire
laws, ordinances or regulations in the Village of Lindenhurst or Town
of Babylon if such facility is situated outside the Village; or who
has been convicted of a felony in the operation of a motor vehicle,
a felony in connection with the operation of a towing or automobile
storage business or a felony either committed against a person or
one involving fraud. Holders of any tow license shall not maintain
any towed vehicle at the facility for a period in excess of 120 days,
absent special circumstances approved by the Village Administrator
Clerk.
Each license issued pursuant to this chapter
shall expire on the first day of January following the issuance thereof
and will not be transferable from one person to another.
[Amended 3-24-1987 by L.L. No. 3-1987; 6-16-1992 by L.L. No. 2-1992; 6-17-1997 by L.L. No. 2-1997]
The fee for such license or the renewal thereof
shall be $250. The fee is payable to the Village Administrator Clerk
if the applicant's place of business is in the Village. Such license
may cover but one tow truck. Upon the surrender of the license to
the Village Administrator Clerk by the licensee, the license fee will
be rebated to the licensee on a prorated basis, provided that the
licensee has committed no acts or misconducts during the period in
which the license was enforced; except, however, that $10 shall be
retained as a minimum fee for the issuance of the license.
On each side of every 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 licensee
and the license or medallion number assigned to such tow truck by
the Village Administrator Clerk.
[Amended 4-25-1978 by L.L. No. 6-1978]
A.
Those seeking licenses and placement on the nonaccident
roster shall abide by all the requirements set forth for those on
the accident rosters.
[Added 12-19-1989 by L.L. No. 11-1989]
B.
The tow trucks of licensees on the nonaccident roster
shall be equipped at all times with emergency flashing amber lights
visible from front and rear, a carbon dioxide or dry-powder fire extinguisher
with a minimum capacity of 15 pounds, a carton containing at least
one dozen railroad-type flares, a dolly, a shovel and a broom for
clearing highway of debris, if any. All equipment shall be maintained
in good condition and in satisfactory working order.
[Amended 6-17-1997 by L.L. No. 2-1997]
Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensed tow truck or motor vehicles which are to be impounded for other reasons shall be towed away by licensed tow trucks from the nonaccident roster on a rotating basis. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer or authorized Village official. In the event that a licensed tow truck is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rates provided for in § 175-14E(1) and (2) of this chapter.
The Village Administrator Clerk shall prepare
and certify the nonaccident roster to the Babylon Precinct Commander
of the Suffolk County Police Department in the order in which the
aforesaid licensees applied for placement on the roster.
[Amended 4-25-1978 by L.L. No. 6-1978; 3-24-1987 by L.L. No. 3-1987; 6-16-1992 by L.L. No. 2-1992; 12-19-1989 by L.L. No. 11-1989; 6-17-1997 by L.L. No. 2-1997]
Any licensee, as hereinbefore provided, who further files with the Village Administrator Clerk on a form prescribed therefor, which shall include but not be limited to Subsections A through G as described hereinafter, and who pays to the Village Administrator Clerk, as provided in § 175-9, an additional fee of $200 shall be placed upon an accident roster from which the Suffolk County Police Department in the Town of Babylon shall call upon said licensee to remove disabled vehicles from scenes of accidents, provided that:
A.
The licensee owns, operates, maintains or uses, by
agreement with another to terminate at a time after the expiration
of the period for which the license is to be issued, a place of storage,
impoundment or repair of towed vehicles, which is not less than 4,500
square feet in dimensions. Such place shall be located within the
Village of Lindenhurst or one mile of its territorial limits and be
owned or operated by the licensed tower. Such place shall be maintained
in accordance with the zoning, building and laws of the municipality
where it is situated.
B.
Such public garage maintains a twenty-four-hour service
to answer emergency calls regarding motor vehicles.
C.
The tow truck or trucks of such licensees are equipped
with a lifting boom on the rear of the truck with a minimum ton-and-a-half
power winch, equipped with 150 feet of three-eights-inch steel cable,
dual rear wheels, a carbon dioxide or dry-powder fire extinguisher
with a minimum of 15 pounds, a crowbar, emergency flashing amber lights
visible from front and rear, a broom, a hacksaw, an axe, a dolly,
a shovel and a carton containing at least one dozen red railroad-type
flares.
D.
Each tow truck is covered with $100,000/$300,000 automobile
liability insurance and $25,000 property damage insurance and garage
liability insurance.
E.
The licensee shall charge no more than the following
maximum rates for towing from the accident scene to his place of business
or to any other place within the Village designated by the owner or
operator of the motor vehicle, regardless of distance within the Village,
when called by the County Police Department:
(2)
For dollying: $30. "Dollying" means, for the purpose
of this section, to remove or convey on a dolly.
(3)
Reasonable extra charges may be made for labor to
right an overturned vehicle, including but not limited to winching,
but the licensee is obligated only to tow a vehicle to a point within
the town.
(4)
For flatbed towing. In those cases where a damaged
passenger vehicle cannot be towed from an accident scene and the use
of a flatbed tow truck is requested by a police officer, the maximum
rates for towing are as follows:
F.
The licensee shall charge a maximum of $5 per day
for the first three days and then $10 per day for storage, provided
that this storage does not violate existing ordinances and zoning
requirements.
G.
The licensee agrees to respond to all calls of the
Suffolk County Police Department as hereinafter provided, regardless
of the hour of day or distance to the scene, provided that its equipment
is not otherwise employed.
[Amended 4-25-1978 by L.L. No. 6-1978; 6-17-1997 by L.L. No. 2-1997]
The Village Administrator Clerk shall prepare and certify the accident roster as set forth in § 175-13 to the Babylon Precinct Commander of the County Police Department in the order in which the licensees apply for such listing and have equipment capable of righting and towing a vehicle up to 6,000 pounds. In addition, he shall prepare and certify a heavy-duty roster composed of licensees who have large equipment, which equipment is capable of righting and towing a vehicle over 6,000 pounds and has manufacturer's certified capacity as a ten-ton wrecker, and an extra-heavy-duty roster composed of licensees who have extra-large equipment, which equipment is capable of righting and towing a vehicle over 10,000 pounds and has manufacturer's certified capacity of at least a sixteen-ton wrecker with full air brakes and a one-half-inch cable. An additional fee of $200 shall be required to be placed on this roster.
A.
The accident, heavy-duty and extra-heavy-duty rosters
provided for herein shall be the property of the Babylon Precinct
Commander of the County Police Department. Said rosters, however,
shall be posted in a public place to be chosen by said Precinct Commander
during the hours from 9:00 a.m. to 5:00 p.m. daily, except on Saturdays,
Sundays and holidays.
B.
The Babylon Precinct Commander of the County Police
Department or his authorized agent is hereby authorized to designate
licensees from the accident roster on a rotating basis for the purpose
of towing motor vehicles from the scenes of accidents. In the event
that large or extra-large towing equipment is needed, he shall designate
a licensee from the heavy-duty and extra-heavy-duty rosters without
changing the licensee's place on the accident roster.
A licensee which does not answer the call of
the Babylon Precinct Commander or is not available when called shall
lose his turn on the nonaccident roster or the accident roster, as
the case may be, and must wait for the respective roster to be called
in its entirety before he is eligible to be called again.
A licensee called to the scene of an accident,
if necessary, must sweep away or clean up any debris, but only if
he is provided with police protection against moving vehicles at the
scene.
It shall be unlawful for a licensee to assign
his place on any roster to any other licensees or other person on
the accident or nonaccident roster.
If more than one tow truck is needed at the
scene of an accident, the aforesaid Police Department, through its
authorized agent, shall call the next licensee in rotation. In such
event, the choice of disabled motor vehicles to be towed shall be
determined by the licensee in the order in which the licensee was
called, irrespective of the time he arrives on the accident scene.
The first licensee to appear on the scene shall, however, assist the
police officer in clearing the motor vehicle from the public highway
onto the shoulders or side of the highway.
It shall be unlawful for any person who is not
designated from the accident roster, as aforesaid, and who does not
have the prior consent and direction of the police officer at the
scene to tow away any motor vehicle which has been involved in an
accident. The police officer in every case will determine when the
aforesaid motor vehicle shall be removed.
[Added 6-16-1992 by L.L. No. 2-1992]
The owner of any motor vehicle, whether disabled
by accident or otherwise, shall have the right to request assistance
from any Village tow truck licensee, notwithstanding the next eligible
licensee on the nonaccident or accident roster.
[Amended 4-25-1978 by L.L. No. 6-1978]
It shall be unlawful for any licensee on the
accident roster to willfully refuse to tow away a motor vehicle after
having appeared upon the accident scene or to fail to arrive within
a reasonable time at the accident scene, after being duly designated
and notified as hereinbefore provided, regardless of the hour of day
or distance to the scene of the accident, provided that his equipment
is not otherwise employed or the licensee is not physically incapacitated.
A conviction of violating this section shall result in an automatic
suspension from the accident roster for 60 days. A conviction of violating
this section may be grounds for the revocation of a license granted
pursuant to this chapter.
A licensee duly qualified shall have but one
place on the accident roster and/or on the nonaccident roster, although
he may have several licensed tow trucks in the Village of Lindenhurst.
For the purposes of this chapter, a garage owned by one or more individuals
may have but one place on the accident roster and one on the nonaccident
roster.
It shall be unlawful for any licensee to charge
any person more than the maximum prices set forth in its application
or in this chapter for the towing and storage of disabled motor vehicles.
The schedule of maximum prices to be charged may be revised at the
time application is made for a renewal of the license.
A.
Whenever it shall be provided herein that a hearing
shall be held, such hearing shall be held on a date and at a place
and hour designated by the Village Board. The Village Board hereby
designates the Village Administrator Clerk to act as the hearing officer
for any hearings provided for in this chapter and to in all ways act
in its place and stead pursuant to any of the sections of this chapter.
[Amended 4-25-1978 by L.L. No. 6-1978]
B.
The Village Administrator Clerk shall give notice
thereof, stating the name and address of the applicant or licensee
concerned, the subject matter of the hearing and the date, place and
hour thereof designated therefor, by mailing a copy thereof to the
applicant or licensee concerned at the address shown upon the most
recent application of such applicant or licensee at least 10 days
before such hearing.
C.
The notice required in Subsection B of this section shall also be published, at least once a week for two successive weeks, in a newspaper of general circulation in the Village of Lindenhurst, the first publication to be at least 10 days before such hearing.
D.
Upon any hearing, the applicant or licensee involved
shall be entitled to be represented by legal counsel and to present
such competent and material testimony or other evidence in his own
behalf as may be relevant to the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
A.
Any license issued hereunder may be suspended by the
Village Board if the licensee shall violate any provision of this
chapter or any rule or regulation adopted hereunder or any ordinance
of the Village; or be convicted of the violation of any traffic law,
ordinance or regulation of the State of New York or of any municipality
of the State of New York or of any crime; or be guilty of making a
false statement or misrepresentation in his application. Any license
issued hereunder shall be suspended by the Village Board if the holder
thereof shall be convicted of the commission of any crime or offense.
B.
No license shall be either suspended or revoked by
the Village Board hereunder without a public hearing thereon, held
not less than 10 days after written notice thereof shall have been
given to the licensee, either in person or by registered mail, addressed
to the licensee at the address shown upon the most recent application
for said license.
No fee shall be charged, either directly or
indirectly, for making an estimate for repairs on any motor vehicle
involved in an accident or otherwise disabled, which resulted in towing
without the prior written consent of the owner of the disabled vehicle.
The agreement form for repairs required hereunder must be in substantially
the following form:
|
Agreement for Repairs
| |
|---|---|
|
It is hereby agreed between _________________
(insert name and address of owner or person in charge, authorized
to enter agreement) and ________________ (insert name, address, telephone
number, license number) that (owner or person in charge) agrees to
pay the sum of $ _________ to ________________ (repairer), who, in
consideration thereof, agrees to repair a ______________________ (year,
make and type of automobile), New York State Registration No. _____________,
which was involved in an accident and removed by a tow truck.
|
|
Dated at
| |
|
This _________ day of _______ 20____
| |
|
Licensee
| |
|
Owner
| |
|
Person in charge
| |
|
(Check appropriate one.)
| |
[Amended 12-11-1978 by L.L. No. 12-1978; 6-17-1997 by L.L. No. 2-1997]
No vehicle involved in an accident or otherwise
disabled shall be removed without an authorization on a form prescribed
by the Village of Lindenhurst signed by the owner of the vehicle.
Such authorization shall be for the towing and storage of the vehicle
only and shall show the rates to be charged for towing and storing
said vehicle. Such signed authorization shall be retained by the licensee
for a period of six months and shall be exhibited upon demand to an
official of the Village or any member of the Suffolk County Police
Department. The towing authorization required hereunder must be in
substantially the following form:
|
Towing Authorization
(Insert name, address and telephone number of
licensee)
| |
|---|---|
|
Date
| |
|
Name
| |
|
Town (City)
| |
|
Address
| |
|
Make and type of car
| |
|
Year ______ State
registration number
| |
|
Towing charges
| |
|
(Amounts shown on filed schedule not to exceed
maximum rates permitted under license.)
| |
|
Tow car driver's name
| |
|
Address
| |
|
License number
| |
|
Medallion number of licensee
| |
|
State registration
| |
|
I authorize the towing of the above automobile
to the following place:
| |
|
Signature of officer or police officer in charge
| |
A licensee shall have prepared a pad of bills
containing a printed billhead showing the name and address of his
place of business. A licensee shall prepare, in duplicate, a bill
on this billhead form, the original of which shall be furnished to
the owner of the disabled vehicle or his authorized representative.
This bill must be printed in a form approved by the Village Administrator
Clerk and shall contain the following information:
A.
The full name and address of the person engaging the
tow truck.
B.
The registration number of the disabled vehicle.
C.
The total amount to be charged for towing and the
storage rate per 24 hours or part thereof. All charges shall be clearly
and individually listed. If there is any storage charge, the number
of days the vehicle has been stored shall be stated on the bill.
[Amended 10-27-1981 by L.L. No. 8-1981]
D.
The full name and address of the operator of the tow
truck.
E.
The registration number of the tow truck.
F.
The licensee's medallion or license number.
G.
The name and street address of the place to which
the vehicle is being towed.
[Added 4-25-1978 by L.L. No. 6-1978]
H.
The bill must state where the vehicle was picked up
and where it was towed to, if other than the licensee's place of business;
also the time the licensee received the police call, if any.
[Added 10-27-1981 by L.L. No. 8-1981]
I.
If the vehicle towed is claimed, it must be signed
for on the licensee's copy of the bill by the person paying the bill
and must be marked "paid" with the date paid.
[Added 10-27-1981 by L.L. No. 8-1981]
J.
Each bill must have preprinted on it the full scale
of maximum rates permitted by this chapter, in a manner approved by
the Village. The rate schedule may be printed on the back of the bill,
but, if that is done, there must be a notation on the front to "see
back of bill for rate schedule."
[Added 10-27-1981 by L.L. No. 8-1981]
K.
No bill shall be used by the licensee until a sample
copy has been submitted to and approved by the Village. The licensee
shall submit a copy of the bill with each application for renewal
of the towing license.
[Added 10-27-1981 by L.L. No. 8-1981]
The duplicate of the bill shall be retained
by the licensee for a period of six months. These bills shall be exhibited
upon demand of any official of the Village or any member of the Suffolk
County Police Department. Upon payment of the bill given to the owner
of the disabled vehicle or his authorized representative, the licensee
shall acknowledge receipt of payment of such bill.
Every owner, upon the sale or other disposition
of a licensed tow truck, shall, within 24 hours, notify the Village
Administrator Clerk of such sale or other disposition and surrender
the license or licenses.
[Amended 4-25-1978 by L.L. No. 6-1978]
The Village Board may remove from the duty list
provided for above any operator whom the Village Board shall determine,
after a public hearing, has failed to abide by any one of the requirements
set forth in this chapter.
[Added 4-25-1978 by L.L. No. 6-1978]
Notwithstanding any provision contained in this
chapter to the contrary, it shall be the right of any motor vehicle
owner or operator whose motor vehicle is to be removed by a tow truck
for any reason to direct the location to which such vehicle shall
be towed.
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meanings
given to them by this section:
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being sued.
Any street, alley, avenue, court, bridge, lane or public
place in the Village of Lindenhurst.
[Amended 6-16-1992 by L.L. No. 2-1992; 6-17-1997 by L.L. No. 2-1997]
A violation of this chapter is hereby declared
to be a misdemeanor, and any person, firm or corporation violating
the same may, upon conviction, be punished by a fine not less than
$250 nor more than $1,000.
