Except as provided in §
188-10 hereof, no person or persons, firm or corporation shall operate a towing car for hire within the limits of the village unless a permit therefor shall first be obtained from the Board of Trustees, signed by the Mayor and countersigned by the Clerk, as hereinafter provided.
No such permit shall be issued unless an application therefor shall
have been filed with the Village Clerk upon a form prescribed therefor by
the Board of Trustees, which shall include, in the case of towing car owners:
A. The name and business address of the applicant and, if
he is a natural person, his age and residence address;
B. The registration number of each towing car to be operated;
and
C. A schedule of prices as prescribed in §
188-4 hereof.
Every permit issued pursuant to this chapter shall expire on the 31st day of December following the issuance thereof. The permit fee payable for each such permit or renewal thereof, which permit may cover one or more towing cars operated by the same owner, shall be in the amount as required by §
112-6, and amendments thereto, of Chapter
112, Fees and Deposits.
The applicant for such permit shall file with the Board of Trustees
a schedule of the maximum prices to be charged for towing and storage of disabled
motor vehicles. Such charges shall be based on the distance that each disabled
motor vehicle is to be towed and shall not be based on availability of towing
car facilities. No towing car owner or operator or other person employed by
the owner shall base any charge upon estimation.
It shall be unlawful for any person to tow away any motor vehicle which
has been involved in an accident without the prior consent of the owner or
the police officer at the scene of the accident, and no car shall be removed
from the scene of an accident where the police officer requires or requests
that it be impounded for an examination, to be held for the purpose of determining
whether the car is defective.
It shall be unlawful for any person to drive along any street or highway
in the Village of Upper Brookville for the purpose of soliciting towing work
or to stop a tow car at the scene of any vehicle accident or near a disabled
vehicle without first having been specifically requested to do so by the owner
of the vehicle or a police officer.
On each side of every towing car for which a permit has been granted
there shall be legibly inscribed, in letters not less than three inches high,
the name and address of the owner of such towing car or of the person having
the permit therefor and the permit number assigned to such towing car by the
Village Clerk.
The Mayor, with the approval of the Board of Trustees, is hereby empowered
to promulgate and prescribe rules and regulations for the proper administration
and enforcement of this chapter.
The Mayor shall have power to suspend any permit issued pursuant to
this article for the violation of any rules thereof or of any rules and regulations
promulgated by him or for the failure of the owner or operator of any towing
car to render services to the owner or driver of a disabled vehicle who is
able and willing to pay the fee prescribed in the schedule of prices filed
as hereinbefore provided for or if the owner or operator of any towing car
shall collect or attempt to collect a fee in excess of the maximum fee for
such services prescribed in the schedule of prices as hereinbefore provided.
The provisions of this chapter shall not apply to cases where, without
solicitation, the owner of a damaged car shall have specifically requested
that the same be towed by an unlicensed tow car.
Violations of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II.