[HISTORY: Adopted by the Town Board of the Town of Chenango 12-5-1994.
Amendments noted where applicable.]
The intent of this procedure is to provide for the prompt and safe removal
of vehicles to prevent continued traffic hazards or secondary accidents as
a result of such vehicles being on or at the shoulder of public roadways.
This chapter shall not supersede any specific orders issued by police agencies
addressing specific situations (such as vehicles impounded for criminal investigative
purposes).
There shall hereby be established a primary towers list and a secondary
towers list. The primary list shall contain the names and phone numbers of
towers with businesses established within the Town of Chenango and are therefore
able to respond from within the Town of Chenango and who additionally meet
all other requirements set forth below. The secondary list shall be made up
of all towers who do not have a place of business within the Town of Chenango,
but meet all of the other requirements set forth below.
Due to the need for prompt removal of vehicles when a police request
is made for a tower, all such police requests shall be responded to by the
appropriate police dispatcher's use of the primary list. Only if businesses
on the primary list cannot meet the requirements of the dispatch request (i.e.,
lack of availability of sufficient vehicles, inability to meet reasonable
response time, etc.) shall the dispatchers then utilize the secondary list.
The order of names on both primary and secondary towing lists shall be rotated
on a weekly basis.
The additional requirements for placement on the primary and secondary
lists shall be as follows:
A.
The towing firm must have a minimum insurance liability
policy of $1,000,000 protecting their activities while operating within the
Town of Chenango. A copy of said certificate of insurance shall be approved
by the office of the Town Attorney and filed with the Town Clerk of the Town
of Chenango and filed with the New York State Police and the Broome County
Sheriff's Department.
B.
The towing firm must supply the New York State Police
Bureau and the Broome County Sheriff's Department Traffic Divisions with a
list of all equipment, etc., at their disposal, including truck weights, capacities,
length of cable, make, year and registration numbers.
C.
The towing firm must supply the New York State Police
Bureau and the Broome County Sheriff, Traffic Division, with a photostatic
copy of the driver's license of each employee who operates their equipment.
D.
The towing firm must provide a twenty-four-hour service,
accept all calls given to it by appropriate police agencies for accidents
and incidents within the Town of Chenango (staffing permitting) and maintain
a response time of 20 minutes or less.
E.
The towing firm shall not tow vehicles outside the Town
of Chenango unless directed to by the owner or the appropriate police agencies.
F.
All towing firms shall be required to remove all debris
related to the incident to which they are called.
A.
Violation of requirements for the primary or secondary
lists may result in the suspension from the towing list following a police
and/or Town Board investigation. Continued or severe violations may result
in a permanent ban of a particular tower from the primary or secondary towing
lists.
B.
Any suspension or revocation may be appealed by filing
a written notice of appeal with the Town Board of the Town of Chenango within
10 days from the date of notice of suspension and revocation. Determination
of appeals shall be made by the Town Board of the Town of Chenango or its
designee within 30 days of receipt of the appeal.
Each towing firm on the primary or secondary list must supply the owner/operator
of a vehicle who is at the scene with a card containing their business name,
address, phone number, hours of operation and a summary of the expected charges.
Nothing within this chapter shall prevent a vehicle owner from choosing
to call a tower who is not on the Town towing lists; provided, however, that
should that tower be unable to respond in what the police officer at the scene
feels is a reasonable period of time, and the police officer at the scene
has safety concerns regarding the vehicle's location, the officer may supersede
the desires of the owner and call a tower based upon the lists.
A.
All towers desiring to be on the primary or secondary
lists must provide the Town of Chenango and the New York State Police and
Sheriff's Department Traffic Divisions with proof of all the requirements
set forth herein in advance of the effective date of this chapter.
B.
Following the establishment of the initial primary and
secondary towing lists, the Town will update the lists, based upon any new
applications, on a quarterly basis.
