It is the legislative intent of this article
to prevent potential abuses in the towing-for-hire industry, whereby
a motor vehicle which has been parked on private property within the
jurisdiction of the Town of Babylon without authorization of the property
owner might be towed or removed to another location over the public
streets, roads and highways of the town, at the expense of the vehicle
owner or operator, without their prior knowledge, consent and/or authorization,
or that such vehicle owner or operator might be charged an exorbitant
rate for such towing or removal or redemption of their vehicle, and
that the vehicle may be removed from the Town of Babylon causing undue
inconvenience to the owner or operator of that motor vehicle.
No motor vehicle which is parked on private property within the jurisdiction of the town, without the authorization of the property owner, or illegally parked on such property shall be towed or removed therefrom by anyone other than a person who is the holder of a license issued by the Town Clerk as required by §
198-4 of this chapter, and unless all of the conditions set forth in this article have been previously complied with.
[Amended 2-6-2008 by Res. No. 4]
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.
[Amended 2-6-2008 by Res. No. 4]
A. Notice to police required. Each instance of the towing of an unauthorized or illegally parked vehicle from private property shall occur only after specific notice of such towing or removal of each vehicle is made to the First Precinct of the Suffolk County Police Department by the licensee, indicating the location from and to which the vehicle is being towed and whereat it can be redeemed. 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 and request the vehicle owner information to provide the notice required pursuant to §
198-48B.
B. Notice to vehicle owner. The tow company shall notify
the car owner that his/her vehicle was towed and where the vehicle
may be redeemed. The notice shall be sent by certified mail, return
receipt requested, and regular mail and be postmarked by the end of
the business day following the day the vehicle was towed. The certified
letter shall state the cost of the tow and the per-diem storage fee.
No motor vehicle towed pursuant to the provisions
of this article may be removed from the Town of Babylon.
No release or waiver of any kind purporting
to limit or avoid liability for damages to a vehicle that has been
towed shall be valid.
[Amended 4-27-2022 by L.L. No. 10-2022]
A. No charge shall be imposed for the towing of a vehicle when any person has committed a violation of Chapter
198 of this Code with respect to such vehicle, and any such unlawful charge shall be reimbursed by any person liable for a violation of this article.
B. Any person who violates any provision of this article
is guilty of an offense punishable by a fine of not less than $500
nor more than $1,000. Any person found by the Bureau of Administrative
Adjudication to have violated this article shall likewise be subject
to a monetary penalty of not less than $500 nor more than $1,000.
C. In addition to the foregoing, the provisions of §
198-37, §
198-38 and §
198-39 shall apply to any licensee violating the provisions of this article.
D. Authorized employees of the Department of Planning
and Development, Division of Public Safety, or any fire marshals,
assistant fire marshals or police officers, shall have the power to
enforce the provisions of this article and any rules promulgated pursuant
thereto.
The provisions of this article shall not apply
to the towing of a motor vehicle by:
A. The town, any other governmental entity or a person
acting under the direction of the Town or such governmental entity,
where such towing is authorized by any other provision of law or any
rule or regulation promulgated pursuant thereto; or
B. Any person who has a lien pursuant to § 184
of the Lien Law and who tows such motor vehicle.