[HISTORY: Adopted by the Town Board of the Town of Mamakating 6-6-1991 by L.L. No. 4-1991. (Note: This local law also repealed former Ch. 177, Tow Trucks, adopted 3-5-1970, as amended.) Amendments noted where applicable.]
The title of this chapter shall be "Road Service and Towing Law of the Town of Mamakating."
No person, firm or corporation shall operate a truck or other type of motor vehicle designed for and capable of servicing or towing other motor vehicles for hire within the Town of Mamakating unless a permit therefor shall be first obtained from the Town Clerk of the Town of Mamakating as hereinafter provided, except that tow truck operators from outside the Town of Mamakating may enter the Town of Mamakating to remove motor vehicles from any place in the town without a license upon request of the owner of said vehicle.
No such permit shall be issued unless an application therefor shall have been filed with the Town Clerk upon a form prescribed therefor, which shall include:
The name and business address of the applicant and, if he is a natural person, his age and residence address.
The registration number of the service or tow truck to be operated.
The amount of liability for personal injury and property damage on said service truck, the name of the insurance company, which must be licensed to do business in the State of New York, and the policy number. The limits shall not be less than $100,000 for each person and $300,000 for each occurrence and not less than $50,000 for property damage.
The schedule of maximum prices the licensee agrees to charge during the term of the license for servicing or towing motor vehicles from points within the Town of Mamakating and for storage of such vehicles at its garage or service station. 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 or upon the distance to service a motor vehicle and upon the time of day or night such services are performed.
No such permit shall be issued unless the applicant agrees to charge no more than the following maximum rates for towing, regardless of distance, within the Town of Mamakating:
Commercial vehicles and trucks over 3/4 ton: $75, plus $5.50 per mile from point of call or departure, said mileage charge being in one direction only.
However, reasonable extra charge may be made for labor to right an overturned vehicle; to remove from the highway any motor vehicle incapable of being towed; for opening a locked vehicle; and for towing, pulling or hoisting vehicles from positions off the highway.
All licensees shall be required to post in their garage or service station a schedule of the maximum rates for towing as herein set forth, which schedule shall also be carried on the truck to show to the owner of the vehicle if requested.
No such permit shall be issued unless the applicant agrees to charge no more than the following maximum rates for road service, regardless of distance, within the Town of Mamakating:
All licensees shall be required to post in their garage or service station a schedule of the maximum rates for road service as herein set forth.
No such permit shall be issued unless the applicant agrees to charge no more than a maximum of $15 per day for outside storage or $20 per day for inside storage, at its garage or service station, of any vehicle towed thereto.
Every permit issued pursuant to this chapter shall expire on the first day of January following the issuance thereof and shall not be transferable from one operator to another nor from one truck to another without the prior consent of the Town Board.
On each side of every tow truck there shall be legibly inscribed in painted letters not less than three inches high the name and address of the owner of such service or tow truck or of the person, firm or corporation having the permit thereof, and the decal issued by the Town Clerk shall be affixed to the windshield, which decal shall include the permit number assigned to such tow truck. No magnetic signs will be permitted.
It shall be unlawful for any person, firm or corporation operating a licensed service or tow truck to charge any party more than the maximum prices set forth in his or its application for the servicing, towing and storage of disabled motor vehicles. Nothing herein contained shall prohibit such person, firm or corporation from making a reasonable extra charge for performing the services described in § 177-4A(3) above. The schedule of maximum prices to be charged may be revised at the time application is made for renewal of the license.
Towers shall issue a card after rendering service. This card shall contain the name of the town and the phone number of the Town Clerk.
It shall be unlawful for any person, firm or corporation, without prior consent of the owner or operator or police officer at the scene of the accident, to service or tow away any motor vehicle which has been involved in an accident, and no motor vehicle shall be serviced or removed from the scene of an accident where the police officer requires or requests that an examination be made of the damaged vehicle to determine whether the car was defective or where the police officer requires or requests that photographs and/or diagrams of the scene be made.
It shall be unlawful for any person, firm or corporation to drive along any public street or highway within any portion of the Town of Mamakating for the purpose of soliciting towing and/or repair work.
It shall be unlawful for any person, firm or corporation to solicit towing or repair work at the scene of any motor vehicle accident on private property or on a public highway within the Town of Mamakating.
The Town Board may revoke any license or licenses issued under authority of this chapter to any applicant who shall be determined by the Town Board, after a public hearing, to be an undesirable person or incapable of properly conducting a road service or tow truck business or who has violated the provisions of this chapter.
[Amended 12-1-1994 by L.L. No. 2-1994]
A violation of this chapter is hereby declared to be a violation, and any person, firm or corporation violating the same may, upon conviction, be punished by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.