Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 57-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses and occupations — See Ch. 107.
Vehicles and traffic — See Ch. 172.
[1]
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.

§ 164-1 Soliciting towing work.

§ 164-2 License required; exception.

§ 164-3 Application information.

§ 164-4 Evaluation of applicant; issuance of license.

§ 164-5 Number of licenses; places on accident roster.

§ 164-6 Expiration; transferability.

§ 164-7 Fee for Village license.

§ 164-8 Information inscribed on truck.

§ 164-9 Right of owner to select licensee.

§ 164-10 Equipment on vehicles on nonaccident roster.

§ 164-11 Disabled motor vehicles not involved in accident.

§ 164-12 Preparation and certification of nonaccident roster.

§ 164-13 Qualification for placement on accident roster.

§ 164-14 Preparation and certification of accident and subaccident rosters.

§ 164-15 Designation of licensees on rotating basis; posting of rosters.

§ 164-16 Failure to answer call of Police Department.

§ 164-17 Responsibility to clean up debris.

§ 164-18 Assignment of places on rosters by licensee prohibited.

§ 164-19 Accidents requiring more than one tow truck.

§ 164-20 Unauthorized towing at accident scene prohibited.

§ 164-21 Failure of licensee on accident roster to tow or appear.

§ 164-22 Overcharging prohibited.

§ 164-23 Revision of price schedule.

§ 164-24 Suspension or revocation of license; hearing required.

§ 164-25 Hearings.

§ 164-26 Authorization for estimates and repairs.

§ 164-27 Towing authorization.

§ 164-28 Form and contents of towing bill.

§ 164-29 Retention and exhibition of bill; receipt for payment.

§ 164-30 Notification of sale or other disposition of licensed truck.

§ 164-1 Soliciting towing work.

A. 
It shall be unlawful for any person to solicit towing work at the scene of any motor vehicle accident within the Village.
B. 
It shall be unlawful for any person to drive along any public street or highway within the Village for the purpose of soliciting towing work.

§ 164-2 License required; exception.

No person shall operate a truck or other type of motor vehicle designed to tow and capable of towing other motor vehicles for hire within the Village, unless a license shall first have been obtained for such truck from the Village Clerk as hereinafter provided, except that tow truck operators from outside the Village may enter the Village to remove a motor vehicle from any garage without a license but may not remove a motor vehicle from an accident scene or road site, and provided further that a tow truck owner or operator may tow his own vehicles within the Village without such license.

§ 164-3 Application information.

No such license shall be issued unless an application therefor shall have been filed with the Village Clerk upon a form prescribed therefor which shall include:
A. 
The name and address of the applicant and the address and place from which tow cars are proposed to be garaged and 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 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.
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 and for the legal storage of such vehicles at its public garage. 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.
G. 
Whether or not the licensee wishes to be placed on the nonaccident roster.
H. 
Other information. Material identifying the applicant physically and referencing of the applicant's good character and business responsibility, a record of traffic infractions and the location of a storage or impoundment facility to which vehicles are to be towed may be required on the application form.

§ 164-4 Evaluation of applicant; issuance of license.

If the Village Clerk finds upon investigation that the applicant is capable of properly conducting such tow truck business, is of good character and conforms to the provisions of this chapter, then the Village Clerk shall issue a license and medallion to be conspicuously displayed on said tow truck. In evaluating whether the applicant is of good character, the Clerk shall consider the following:
A. 
Whether the applicant has made a material misrepresentation in his application.
B. 
Whether the applicant's associated storage or impoundment facility is in violation of the zoning or building laws or other regulations.
C. 
Whether the applicant has been convicted of a misdemeanor in the operation of a motor vehicle, a misdemeanor in connection with the operation of a towing business or any felony.

§ 164-5 Number of licenses; places on accident roster.

No person may have more than one tow truck license. A licensee duly qualified shall have but one place on the accident roster and/or the nonaccident roster, although he may have several licensed tow trucks or places of business within the Village. For the purposes of this chapter, a garage owned by one or more individuals may have but one place on the accident roster.

§ 164-6 Expiration; transferability.

Each license issued pursuant to this chapter shall expire on the first day of January following the issuance thereof and is not transferable from one person to another.

§ 164-7 Fee for Village license.

[Amended 3-8-2010 by L.L. No. 2-2010]
The fee for such license or renewal thereof shall be in an amount established by the Board of Trustees by resolution. The fee is payable to the Village Clerk. Such license shall cover only one tow truck. Upon the return of the license to the Village Clerk by the licensee, the license fee will be returned to the licensee on a prorated basis.

§ 164-8 Information inscribed on truck.

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 medallion number assigned to such tow truck by the Village Clerk.

§ 164-9 Right of owner to select licensee.

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.

§ 164-10 Equipment on vehicles on nonaccident roster.

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 CO2 or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a carton containing at least one dozen red railroad-type flares, a dolly and a shovel and a broom for clearing the highway of debris, if any. All equipment shall be maintained in good condition and in satisfactory working order.

§ 164-11 Disabled motor vehicles not involved in accident.

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 licensee, or motor vehicles which are to be impounded for other reasons, shall be towed away by licensees 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. In the event that a licensee is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rate provided for in § 164-13A(6).

§ 164-12 Preparation and certification of nonaccident roster.

The Village Clerk shall prepare and certify the nonaccident roster to the Chief of Police in the order in which the aforesaid licensees applied.

§ 164-13 Qualification for placement on accident roster.

A. 
Any licensee, as hereinbefore provided, who further files with the Village Clerk on a form prescribed therefor, which shall include but not be limited to Subsection A(1) to (9) as described hereinafter, and who pays to the Village Clerk an additional fee in an amount to be established and which may be modified by resolution of the Board of Trustees, shall be placed upon an accident roster from which the Village Police Department shall call upon licensees to removed disabled vehicles from the scene of accidents within the Village. This additional fee shall be paid on the same terms as set forth in § 164-7. The information to be filed with the Village Clerk shall be as follows:
(1) 
That the licensee owns or leases 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 within the Village. For the purposes of this section, an applicant who states that he maintains a place of business on the very same premises or real property owned by another licensee, and on which said other licensee maintains a place of business or on which another licensee maintains a place of business, or an applicant who states that he is a lessee of a licensee, shall not qualify for a place on the accident roster.
(2) 
That such public garage maintains twenty-four-hour service to answer emergency calls regarding motor vehicles from said location within the Village.
(3) 
No licensee shall assign or sublease his license to another entity nor use a tow truck owned by another to respond to accident calls.
(4) 
That 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-eighths-inch steel cable; dual rear wheels; a CO2 or dry-powder fire extinguisher with a minimum capacity of 15 pounds; a crowbar; emergency flashing amber lights, visible from front and rear; a broom, a hacksaw, an ax, a dolly, a shovel and a carton containing at least one dozen red railroad-type flares.
(5) 
That each tow truck is covered with appropriate amounts of automobile and comprehensive liability insurance, property damage insurance and garage liability insurance. The amounts of such insurance coverages shall be established from time to time by resolution of the Board of Trustees.
(6) 
That the licensee agrees to charge no more than the maximum rates established by resolution of the Board of Trustees for the following services for towing from the accident scene to his/her place of business or to any other place within the Village of Amityville designated by the owner or operator of the motor vehicle, regardless of the distance when called by the Police Department:
(a) 
For all passenger cars regardless of weight and other vehicles four tons and lighter:
[1] 
Monday through Friday from 9:00 a.m. to 5:00 p.m.
[2] 
At all other times which shall include holidays, i.e., New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day.
[Amended 1-24-2011 by L.L. No. 1-2011]
(b) 
For dollying. "Dollying" means, for the purpose of this section, to remove or convey on a dolly.
(c) 
For winching at a per-one-half-hour rate, up to a maximum amount. "Winching" means, for the purpose of this section, to hoist, haul or push by a winch not connected to a boom.
(d) 
For labor to upright an overturned motor vehicle.
(e) 
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, maximum rates shall be estimated for:
[1] 
Monday through Friday, 9:00 a.m. to 5:00 p.m.
[2] 
All other times.
(7) 
All disabled vehicles towed by the licensee shall be taken to the place of business of the licensee within the Village.
(8) 
That the licensee may charge a per-diem rate for storage. The maximum per-diem rate shall be established and may be modified by resolution of the Board of Trustees.
(9) 
That the person agrees to respond to all calls of the Police Department as hereinafter provided regardless of the hour of day or distance to the scene, provided that its equipment is not otherwise employed.
B. 
The Board of Trustees may remove from the duty list provided for above any operator whom the Board of Trustees shall determine after a public hearing has failed to abide by any one of the requirements set forth in Subsection A of this section.

§ 164-14 Preparation and certification of accident and subaccident rosters.

The Village Clerk shall prepare and certify the accident roster to the Police Department in the order in which the aforesaid licensees applied. In addition, he shall prepare and certify a subaccident roster composed of licensees who have extra-large equipment, which equipment is capable of righting and towing a vehicle of three tons or more.

§ 164-15 Designation of licensees on rotating basis; posting of rosters.

The Chief of Police, or his designee, 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 extra-large towing equipment is needed, he will designate a licensee from the subaccident roster without changing the licensee's place on the accident roster. The above-mentioned rosters shall be posted in a public place to be chosen by the Police Chief during the hours of 9:00 a.m. to 5:00 p.m., except Saturdays, Sundays and holidays.

§ 164-16 Failure to answer call of Police Department.

A licensee who does not answer the call of the Police Department or is not available when called shall lose his turn on the accident roster and must wait for the roster to be called in its entirety before he is eligible to be called again.

§ 164-17 Responsibility to clean up debris.

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.

§ 164-18 Assignment of places on rosters by licensee prohibited.

It shall be unlawful for a licensee to assign his place on the roster to any other licensees or other person on the accident or nonaccident roster.

§ 164-19 Accidents requiring more than one tow truck.

If more than one tow truck is needed at the scene of an accident, the Police Department shall call the next licensee in rotation. In that 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 vehicles from the public highway onto the shoulders or side of the highway.

§ 164-20 Unauthorized towing at accident scene prohibited.

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.

§ 164-21 Failure of licensee on accident roster to tow or appear.

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 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 physically incapacitated. A violation of this section shall result in an automatic suspension from the accident roster for 60 days.

§ 164-22 Overcharging prohibited.

It shall be unlawful for any licensee to charge any person more than the maximum prices set forth in its application for the towing and storage of disabled motor vehicles.

§ 164-23 Revision of price schedule.

The schedule of maximum prices to be charged may be revised at the time application is made for a renewal of the license.

§ 164-24 Suspension or revocation of license; hearing required.

A. 
Any license issued hereunder may be suspended by the Board of Trustees if the licensee thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any local law of the Village or if the licensee is 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 is guilty of making a false statement or misrepresentation in his application. Any license issued hereunder shall be suspended by the Board of Trustees 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 Board hereunder without a public hearing thereon, held not less than 15 days after written notice thereof shall have been given to the licensee, either in person or by certified mail, addressed to the licensee at the address shown upon the most recent application of said licensee.
[Amended 3-8-2010 by L.L. No. 2-2010]

§ 164-25 Hearings.

A. 
Date, time and place. 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 Board of Trustees.
B. 
Notice. The Village 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 15 days before such hearing.
C. 
Publication of notice. The notice required in Subsection B of this section shall also be published, at least once a week for two successive weeks, in the official newspaper of the Village, the first publication to be at least 15 days before such hearing.
D. 
Rights of parties. 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. 
Examination of witnesses. All witnesses shall be sworn and examined under oath.

§ 164-26 Authorization for estimates and repairs.

No agreement between the owner or authorized operator of a vehicle to be towed under this chapter and a licensee under this chapter for the preparation of an estimate of the cost of repairs to said vehicle, or for the performance of such repairs, shall be enforceable by a licensee hereunder without a signed writing to that effect executed by the vehicle owner, not earlier than 48 hours after initial agreement, affirming such agreement.

§ 164-27 Towing authorization.

No vehicle involved in an accident or otherwise disabled shall be removed without an authorization on a form prescribed by the Village signed by the owner of the vehicle or police officer in charge thereof. 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 Police Department. The towing authorization required hereunder must be in the following form:
TOWING AUTHORIZATION
(Insert name, address and phone number of licensee)
Date ____________________
Name
___
___
(City)
Town
___
Address
___
Make and Type of Car
___
Year ________
State Registration No.
___
Towing Charges ___________________
(Amount not in excess of charge shown on filed schedule)
Tow Car Driver's Name
___
Address
___
License No. ________________________
Medallion Number of Licensee _________________________
State Registration
I authorize the towing of the above automobile to the following place:
______________________________________
Signature of Owner or Police Officer in Charge

§ 164-28 Form and contents of towing bill.

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 a bill on this billhead form, in duplicate, 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 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 storage rate per 24 hours or part thereof.
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 number.

§ 164-29 Retention and exhibition of bill; receipt for payment.

The duplicate of the bill shall be retained by the licensee for a period of six months. These bills shall be exhibited upon demand to any official of the Village or any member of the Village 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.

§ 164-30 Notification of sale or other disposition of licensed truck.

Every owner upon the sale or other disposition of a licensed tow truck shall, within 24 hours, notify the Village Clerk of such sale or other disposition and surrender the license or licenses.