[HISTORY: Adopted by the Board of Trustees
of the Village of Chester 9-13-2004 by L.L. No. 1-2004; amended in its entirety 2-6-2017 by L.L. No. 1-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 92.
The Village of Chester hereby determines that
providing regulations for the prompt and safe removal of disabled,
abandoned and impounded vehicles from public streets within the Village
is necessary for the public health, safety and general welfare of
the residents and traveling public within the Village. This chapter
will not supersede any specific orders issued by police agencies addressing
specific situations (such as vehicles impounded for criminal investigation
purposes).
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated.
Any incident or occurrence in which a motor vehicle or more
than one motor vehicle shall contact one another or other objects,
thereby causing personal injury or property damage.
The driving of a wrecker along any Village street or highway
for the purpose of soliciting business in the Village.
Any person driving a tow truck for hire upon public streets.
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, carrying or removing of
a vehicle, including any case where any person makes repairs on a
towed vehicle for compensation, even if no charge is expressly imposed
for towing such vehicle.
Secured, fenced-in area for at least five towed or impounded
vehicles. The license holder must have the ability to store at least
two vehicles inside a building or garage on the facility premises.
Owned, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
corporation, or other organization, and the singular or plural, masculine,
feminine, or neuter thereof, unless the contrary is clearly expressed.
The retrieval of a disabled or abandoned motor vehicle from
off the paved portion of a street by another vehicle for hire.
A request for assistance from a tow truck which does not
involve towing but is limited to rendering emergency assistance for
such categories as battery charges, flat tires, lockouts or gasoline.
The moving or removing of disabled motor vehicles or abandoned
motor vehicles by another vehicle for hire. "Towing" includes recovery,
unless the context indicates otherwise.
A vehicle registered as a tow truck and used for the purpose
of towing or carrying another vehicle that has been or is involved
in an accident or is disabled, abandoned or illegally parked.
Cruising, as defined hereby, is prohibited within
the Village of Chester.
A.
It shall be unlawful for any person, as defined in § 90-2, to engage in the business of towing for the Village of Chester unless a license shall have first been obtained.
B.
Exception. Tow operators without a license from the
Village of Chester may enter the Village of Chester to remove a motor
vehicle when a situation exists and no licensed tow truck operator
is available; or when a licensed Village truck operator's wrecker
does not have the capacity to handle the vehicle to be removed; or
upon owner request at the scene of an accident or disabled vehicle;
or towing in response to a request of the New York State Police or
pursuant to a New York State Thruway license; or when a vehicle is
already in tow when entering the Village of Chester.
A.
Each application for a license to be issued hereunder
shall be made upon forms prepared and made available by the Chester
Police Department and shall state:
(1)
The name, home address and proposed or actual business
address of the applicant and whether he or she is the owner or lessee.
(2)
A description of the wrecker for which the license
is desired, including the year, make, model, type, registration number,
type of registration, VIN, length of service as a tow vehicle, highway
usage permit number, and DOT number (if applicable).
(3)
The names, dates of birth, endorsements/restrictions
and client identification number of all wrecker operators.
(4)
Proof of insurance as required below in a form approved
by the Village Board or Chief of Police.
(5)
Any other relevant information which the Village Board
or Chief of Police may require from time to time as it deems appropriate.
B.
No application will be considered except one made
on behalf of a New York State licensed repair shop, owned and operated
independently from any other licensee, located at the same site as
the associated impound/storage facility.
C.
All license holders are required to take credit cards
or personal checks for all tow list services, except impounds, for
which cash is required.
Within seven days after receipt of an application as herein
provided, the Chief of Police shall cause an investigation to be made
of the applicant and of his proposed business operation to be licensed.
The Chief of Police may delegate the inspection of the wrecker(s)
to an independent person, who may not be engaged in business in the
Village, who shall be qualified by experience and training to make
such inspection and who shall report to the Chief of Police whether
the wrecker(s) is/are in a thoroughly safe and sanitary condition.
Within 14 days after completion of the inspection and investigation,
the Chief of Police shall either approve or deny the application.
A.
The Chief of Police shall approve the issuance of
a license upon making the following findings:
(1)
That there has been total compliance with the requirements
of this chapter and all other governing laws, statutes and ordinances.
(2)
That the tow vehicle has been properly registered
and inspected by the State of New York and has the necessary stickers
affixed. No tow vehicle shall be licensed as a wrecker which is using
dealer license plates.
(3)
That the insurance polices or certificates required
herein have been procured and supplied.
(4)
That the applicant maintains an impound/storage facility
within three miles' driving distance of any point in the Village of
Chester as measured along public thoroughfares and that such facility
meets the criteria as required.
(5)
The required impound area shall have the capacity
to store at least five motor vehicles out of doors within a secured
area surrounded by a fence with a minimum height of six feet as well
as space to accommodate no fewer than two vehicles in an inside secured
area.
(6)
That the applicant is capable of collecting impound
and storage fees at the impound facility where such vehicles are stored.
(7)
That the licensee agrees to record the details of
each vehicle towed, serviced or transported by him, his agents or
employees, together with full information concerning the details surrounding
the hire, the name of the owner of the towed vehicle, when available,
and the name of the patron engaging him, which records shall be kept
open for inspection at all times to a duly authorized representative
of the Police Department of the Village or the Village Board. Records
as described above need only be kept with respect to tows made off
the Village of Chester tow list.
(8)
An impound storage list as provided must be completed
and returned to the Village of Chester Police Department within five
business days following the end of every month.
(9)
Impounded vehicles shall not be released unless authorized
in writing by the Village of Chester Police Department.
(10)
Access to personal property inside a vehicle which
is stored in impound shall be permitted with the approval of the Village
of Chester Police during normal business hours. A licensee shall not
withhold personal property or access thereto in order to obtain satisfaction
of towing or impound fees.
B.
The fee for a license is $1,000 per year, subject to adjustment from
time to time by the Village Board as the Village Board may deem appropriate.
Upon the approval of the Chief of Police, the
Village Clerk shall issue a license to the applicant, a copy of which
must be kept in all towing vehicles while conducting operations under
the license. All licenses issued hereunder shall expire on the 31st
day of December next succeeding the date of issuance, unless sooner
suspended or revoked by the Chester Village Board as hereinafter provided.
Licenses are not transferable, delegable or assignable.
A.
On each side of every tow vehicle, the license holder
shall display, or cause to display by painting, magnetic sign, or
other similar means, the name, address, and phone number of the licensee
by letters and numbers of not less than three inches in height and
of contrasting color to the tow vehicle.
B.
The owner shall also display or cause to be displayed
the towing license in a location easily observed from the rear of
the tow vehicle.
A.
No tow vehicle shall be licensed hereunder, nor shall
any licensed tow vehicle be operated within the Village, unless there
shall be deposited with the Village Clerk the following insurance
policies or certificates of insurance.
(1)
Auto garagekeeper's legal liability policy covering
fire, theft, and explosion in the minimum amount of $50,000 with each
accident deemed a separate claim, naming the Village of Chester as
an insured or an additional insured. Proof of the Village's insurance
shall be submitted to the Chief of Police prior to issuance of a permit.
(2)
Auto garage legal liability policy covering the operation
of the licensee's equipment or tow vehicle for any bodily injury or
property damage. This policy will be in the amount of $1,000,000 per
person and $3,000,000 per accident, and naming the Village of Chester
as insured or an additional insured. Proof of the Village's insurance
shall be submitted to the Chief of Police prior to issuance of a permit.
B.
Each policy herein must contain an endorsement providing
30 days' notice to the Village in the event of any material change
therein or intention to cancel said policy for any cause.
C.
In the event that any policy is changed so as to fail
to conform to any of the above requirements or if any policy or insurance
is to be canceled for any reason, the Chief of Police shall notify
the person responsible for the policy, and it shall be corrected or
reinstated or replaced with the conforming policy within 30 days after
notice is received by the Village, but before the date of cancellation.
If the policy or certificate is not corrected, reinstated or replaced
within 10 days prior to the date of cancellation, the Chief of Police
shall immediately suspend the towing license and shall pick up from
the owner all indicia of licensing, including any stickers, cards
or other means of identification.
Charges for the transportation, hauling or services
of disabled or impounded vehicles shall not exceed the rates established
by the Chester Village Board, which rates may be reviewed annually
by the Police Department and the Chester Village Board and may be
adjusted or revised from time to time by the Chester Village Board.
No person who is under the age of 18 years shall
drive a tow vehicle. Tow vehicle operators must possess a valid driver's
license for the class of vehicle that is being operated, along with
the tow truck endorsement.
The wreckers of licensees 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 10 pounds, one container of oil-absorbing
material with a minimum capacity of five gallons, a carton containing
at least one dozen red railroad-type flares, a dolly/dolly wheels
and a shovel and a broom for clearing the highway of nonhazardous
debris, if any. All equipment shall be maintained in good condition
and in satisfactory working order.
A.
No licensee may charge for towing services, cleanup
or storage covered by these regulations more than the schedule of
charges established and/or approved by the Village Board.
B.
A licensee shall not require that a vehicle be towed
to any particular shop for repairs, but the licensee may tow the vehicle
to any location designated by the operator of the towed vehicle as
provided in Subsection E(9) below.
C.
No licensee shall induce or require any operator of
any motor vehicle being charged for towing or other services to execute
a waiver of liability for damages to his vehicle caused by the licensee,
and no such waiver of liability shall be legally enforced. This shall
not apply in cases of off street recovery or lockouts.
D.
No yard charges will be assessed for moving of vehicles
while in the licensee's possession. Vehicles must be available for
release at the rates approved by the Village Board, Monday through
Friday, between the hours of 8:30 a.m. and 5:30 p.m., and Saturday
between the hours of 8:30 a.m. and 3:00 p.m. A reasonable additional
charge may be imposed for release of the vehicle after those hours
or on Sundays or legal holidays.
E.
Towing/impounding rates applying to all tow call list services shall
be adopted and may be revised from time to time by the Village Board
of Trustees, acting by resolution at a regular meeting of the Village
Board of Trustees. A copy of the current rate list shall be available
from the Village Clerk during regular business hours.
[Amended 12-3-2018 by L.L. No.
6-2018]
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NOTE: No storage fees will be charged for vehicles released
within the first 24 hours from time of tow. This shall not preclude
the licensee from collecting a storage fee for the first 24 hours
when a vehicle is released subsequent to that initial period.
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F.
No license holder shall solicit any vehicle owner
for permission to tow to any lot or location other than the designated
impound/storage lot unless the owner agrees, in writing, on a form
approved in advance by the Village Board and the Village Attorney.
Without an owner's request or written permission, all tows must be
to the license holder's designated lot. Failure to do so is a violation
of the license requirements.
A.
A licensee performing towing services for the Village
or as requested by a police officer shall perform on a rotating basis.
When the owner or operator of a disabled vehicle requests a particular
tow company, that tow company shall be called, and no tow vehicle
shall be assigned from the rotating tow list. No licensee shall respond
to the scene of an accident except upon notification by the police
officer in charge, police headquarters, or upon the request of the
owner or operator of a disabled vehicle.
B.
Such additional rules and regulations regarding the
rotation of tow vehicles as they may be hereafter promulgated by the
Chester Village Board or Chief of Police shall take effect immediately
after service of a copy thereof on holders of all licenses for wreckers
in the Village. Service upon a licensee may be made by sending, via
ordinary mail, a copy of such additional rules and regulations to
said licensee's business address.
Each towing firm responding for a call for service
must supply the owner/operator of the vehicle who is at the scene
with a card containing the tow firm's business name, address, telephone
number, hours of operation, a written estimate of the expected charges
and the accepted manner of payment.
Police have the power to remove vehicles under
the following circumstances:
A.
There is obstruction of a public right-of-way or private
property pursuant to vehicle and traffic laws.
B.
A vehicle has been vandalized or presents a fire or
safety hazard or is an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
An abandoned vehicle is not licensed or operable.
F.
Any other condition exists where removal at the behest
of the Police Department is permitted or required by law.
A licensee called to the scene of an accident
must, in accordance with the New York State Vehicle and Traffic Law,
at the scene, sweep away or clean up any nonhazardous debris, provided
that he is furnished with police protection against moving vehicles
at the scene. There shall be no charge by the licensee for the cleanup
of debris resulting from the accident.
A.
Any license issued hereunder may be suspended immediately by the Chief of Police or Village Board, and shall be so suspended in the case of a loss of insurance as described in § 90-10 above, for up to 30 days if the licensee violates any provision of this chapter, any rule or regulation adopted hereunder or any local law of the Village, provided that any suspension for a reason other than the loss of insurance shall be ordered only after investigation by the Police Department, which investigation shall include input from the licensee. If the license holder does not accept the suspension, he/she may request a hearing before the Village Board, to be held within 10 days. If the licensee is convicted of any felony, crime or is guilty of making a false statement or misrepresentation in his application, any license issued hereunder may be suspended pending a hearing for revocation by the Village Board.
B.
No license shall be revoked by the Village Board hereunder
without a hearing thereon, except that if a license shall have been
suspended on account of a lapse in insurance coverage and such insurance
coverage shall not have been restored within 30 days, then such license
shall be automatically revoked without any further action on the part
of the Chief of Police or the Village Board.
A.
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 designated therefor,
by mailing the copy of the notice of hearing 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, by
certified mail. The hearing is to take place within 30 days of the
suspension.
B.
Upon any hearing, the applicant or licensee involved
shall be entitled to be represented by legal counsel and to present
such competent material testimony or other evidence in his own behalf
as may be relevant to the subject matter of the hearing.
C.
All witnesses shall be sworn and examined under oath.
D.
Within 45 days after the hearing, the Village Board
shall render its decision, which may be to suspend or revoke any license
issued hereunder. Such decision shall be in writing, with the reasons
for such decision, and shall be mailed to the parties involved by
certified mail.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $250 or by imprisonment for a period not to exceed 30 days,
or by such fine and imprisonment. Each violation of any of the provisions
of this chapter and each day there is a violation thereof shall be
deemed and taken to be a separate and distinct offense. In addition,
the Village Board, after a hearing, may suspend or revoke any license
issued hereunder for violation of any of the provisions of this chapter
for such period of time as found appropriate after the hearing.
