[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 5-22-1967 as Art. II of Ch. 18 of the 1967 Code; amended in its entirety 4-24-2000 by L.L. No. 8-2000. Subsequent amendments noted where applicable.]
Article I Towing
Article II Booting
The Board of Trustees is hereby empowered to promulgate and prescribe rules and regulations for the proper administration and enforcement of this chapter.
Except as provided in § 314-10, no person shall operate a towing car for hire within the Village of Massapequa Park unless a license therefor shall first be obtained from the Board of Trustees, signed by the Mayor and countersigned by the Clerk/Treasurer, as hereinafter provided.
No license to operate a towing car for hire shall be issued unless an application therefor shall have been filed with the Village Clerk/Treasurer upon a written form mandated therefor by the Board of Trustees, which shall include the following information:
If a corporation, the name and principal place of business of the applicant, together with a certified copy of the certificate of incorporation and, if the applicant is an individual, the name and principal place of business of the individual, together with his age and residence, which information must be set forth in a written, notarized statement by the applicant to the Village of Massapequa Park.
The registration number of each towing car to be operated within the Village of Massapequa Park.
Such license will be limited to tow car companies operating a business within the boundaries of the incorporated Village of Massapequa Park.
[Added 7-11-2016 by L.L. No. 3-2016]
The fee payable for each license hereunder or renewal thereof, which license shall cover two towing cars operated by the same owner, shall be as provided in Chapter A350, Fees, provided that if such license is issued less than six months before the expiration thereof, such fee shall be as provided in Chapter A350, Fees. In the event that an applicant operates and owns more than two such towing cars, then the fee per annum shall be as provided in Chapter A350, Fees, for each additional car and as provided in Chapter A350, Fees, for a period of six months or less.
The Board of Trustees, in its discretion, shall have the power to suspend any license issued pursuant to this chapter for the violation of any rules thereof or of any rules and regulations promulgated by it 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 by the licensee as hereinbefore prescribed.
An applicant for a license hereunder shall file with the Board of Trustees for its approval 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 available of towing car facilities. No towing car owner or operator or other person employed by the owner shall base any charge upon estimation.
Conspicuously on each side of every towing car 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 owner of such towing car or of the person having the license therefor and the license number assigned to such towing car by the Village Clerk/Treasurer.
It shall be unlawful for any person to tow away any motor vehicle which has been involved in an accident without the prior written consent of the owner of said motor vehicle or the police officer at the scene of the accident. No car shall be removed from the scene of an accident where the police officer requires or requests that an examination 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 Massapequa Park for the purpose of soliciting towing work.
The provisions of this chapter shall not apply to cases where, without solicitation, the owner of a damaged car shall have specifically requested that his vehicle be towed by an unlicensed tow car.
It shall be unlawful for owners or operators of tow trucks to solicit business or cruise for said purposes within the Incorporated Village of Massapequa Park unless specifically summoned by person or persons requiring such service.
No motor vehicle which is parked on private property, public property or public streets within the Village of Massapequa Park, shall be towed without prior written authorization of the property owner where the motor vehicle is located unless the following requirements are met:
The property owner or his authorized agent shall file with the Police Precinct of the Nassau County Police Department having jurisdiction and with the Village Clerk/Treasurer of the Incorporated Village of Massapequa Park, a copy of a written agreement authorizing one or more tow car owners to tow unauthorized parked motor vehicles located on the property owner's premises.
The property owner shall conspicuously post at all entrances to the property owner's premises signs large enough to be read by the general public stating that an unauthorized parked motor vehicle shall be towed at the motor vehicle owner's expense, and such signs must state the name of the company and the telephone number where the motor vehicle can be recovered. If there are no entrances, signs must be placed in conspicuous places when entering and/or parking the motor vehicle. The lettering of the signs shall be large enough to be seen when entering the property of the property owner and/or parking the motor vehicle. Any and all signs required to be installed pursuant to this subsection shall be subject to the prior written approval of the Board of Trustees.
The authorized tow car owner shall tow an unauthorized parked motor vehicle only upon the express direction and written consent of the property owner or his authorized agent of the premises where the unauthorized motor vehicle(s) is located.
Motor vehicles must be lifted and towed by the towing company in such a manner as to prevent damage to said vehicle and roadway, and if not, the towing company and property owner shall jointly and severally be legally responsible for all damages of any kind whatsoever resulting therefrom.
The tow car owner shall immediately notify, in writing, both the Village of Massapequa Park and the local precinct of the Nassau County Police Department having jurisdiction of the towing of an unauthorized parked motor vehicle and the name and address of the location to which it is towed, together with the telephone number of such location.
A fee schedule including towing, storage and labor charges for vehicles towed pursuant to this chapter shall be subject to the written approval of the Board of Trustees of the Village of Massapequa Park.
No tow car owner shall tow any vehicle located on private property, public property or public streets and no property owner shall allow any motor vehicle to be towed from its property without having fully complied with all of the applicable requirements as set forth in this chapter.
It is hereby found and declared that the practice of "booting" vehicles parked on private property or private parking lots or public property or public streets accessible to the public poses a danger to the safety and welfare of the public because such practice may prevent the removal of such vehicles, even when such removal may be necessitated by an emergency. Booting may also cause dangerous confrontations between owners of vehicles and the person booting their cars. Owners of private parking lots wishing to maintain parking for rule-abiding customers or residents are primarily interested in keeping spaces available to legitimate users; no service is performed, therefore, by immobilizing vehicles and preventing legitimate use of the space occupied. Private persons should therefore be prohibited from engaging in the practice of booting.
As used in this article, the following terms shall have the meanings indicated:
- The act of placing on a parked motor vehicle a mechanical device that is designed to be attached to the wheel or tire or other part of such vehicle so as to prohibit its movement.
- PERSONS AUTHORIZED TO BOOT VEHICLES ON PRIVATE PARKING LOTS
- No person other than a police officer or a person acting under the direction of the Police Department, who may, for the purpose of enforcing any private or public parking rules or regulations, boot or authorize the booting of a motor vehicle parked on a private parking lot.
- PRIVATE PARKING LOT
- Any area or areas of private property near or contiguous to and provided in connection with premises having one or more stores, business establishments or residences and used by the public as a means of access to and egress from such stores, businesses and residences and for the parking of motor vehicles of customers, patrons and residents of such stores, businesses and residences.
- PUBLIC PROPERTY AND PUBLIC STREETS
- Any area or areas of public property or public streets within the Incorporated Village of Massapequa Park.
It is unlawful for any person or entity to immobilize any motor vehicle parked in the Village by any means, including, but not limited to, what is commonly referred to as "booting." No property owner or tenant shall authorize any person to so immobilize any motor vehicle. If so, that person or entity shall be in violation of this chapter and, upon conviction thereof, shall be guilty of a Class B misdemeanor.
Any person who shall violate any provision of this article, upon conviction thereof, shall be guilty of a Class B misdemeanor. Any person, corporation, partnership or entity violating any terms or provision of this chapter shall be guilty of a violation and shall be subject to a mandatory minimum fine of $250, plus that term of imprisonment relating to a conviction of a Class B misdemeanor.
This chapter shall take effect immediately.