[HISTORY: Adopted by the Town Board of the Town of Wappinger 9-10-2007
by L.L. No. 12-2007. Amendments noted where applicable.]
A.
The Town Board hereby declares and finds that it is of
vital importance to the public traveling on state, county or Town highways
within the Town of Wappinger that disabled vehicles be removed from the highways
as promptly as possible and that delay in removal of disabled vehicles unnecessarily
retards the movement of traffic, impedes the access of emergency vehicles
within the Town, and has the potential to further facilitate accidents. The
Town Board finds that the towing of disabled vehicles from the highways of
the Town of Wappinger is a matter affecting the public interest, safety and
well-being.
B.
The Town Board further finds that it has been a practice
of some tow truck operators to monitor police radio transmissions to learn
of motor vehicle accidents and then to rush to accident sites with the intent
of securing the towing and repair work; in so doing, speed limits and other
traffic regulations are often violated, posing a greater threat to life and
property. Additionally, the arrival of multiple tow trucks at the scene of
an accident further disrupts traffic, hampers the efforts of rescue personnel
at the scene and impedes accident investigation by the police.
C.
The Town Board finds that the most effective way to curb
the current practices of towers is to allow only such towing operators as
are actually necessary to respond to an accident. To accomplish this purpose,
the provisions of this chapter will require that only tow truck operators
placed on a rotational list prepared by the police agency responding to the
scene of the accident or the disabled vehicle shall be authorized to respond
to the scene of the accident or the disabled vehicle.
D.
Notwithstanding the foregoing, an owner or operator of
a disabled motor vehicle or motor vehicle involved in an accident shall be
free to select a tow truck operator of his or her choice.
E.
The Town Board finds further that in order to discourage
tow truck operators from rushing to accident sites, it is necessary to prohibit
such operators from soliciting business at the accident scene and to prohibit
them from approaching within 500 of the accident. The provisions of this chapter
shall not apply to vehicles having a gross vehicle weight in excess of 15,000
pounds.
For purposes of this chapter, the following terms shall have the following
meanings:
Any vehicle for which towing is necessary because of a vehicular
accident or for which towing is necessary because of the vehicle's inability
to proceed under its own motive power due to reasons other than a vehicular
accident.
A tow truck operator who has been placed on a rotational list prepared
by the police agency responding to the scene of a motor vehicle accident or
to a disabled vehicle.
The operator or owner of a vehicle or any person designated by the
owner to contract for the towing or repairing of such vehicle.
Either the New York State Police or the Dutchess County Sheriff's
Office.
A police officer as defined by New York Criminal Procedure Law § 1.20,
Subdivision 34.
A list prepared by a police agency of authorized tow truck operators
who shall be authorized to respond to disabled vehicles or motor vehicle accidents
within the Town of Wappinger.
A vehicle that is equipped with a crane, winch, tow bar, push plate,
or other device designed to pull or push a vehicle or to raise a vehicle or
the front or rear end thereof.
Shall be the Dutchess County Sheriff's Office dispatcher, the
New York State Police dispatcher, or such other person or agency that is responsible
for the dispatching of tow trucks to the scene of a disabled vehicle within
the Town of Wappinger.
A person or business entity engaged in the business of towing for
hire.
The geographical boundaries of the Town of Wappinger exclusive of
the Village of Wappingers Falls.
A vehicle as defined in § 159 of the Vehicle and Traffic
Law and having a maximum gross vehicle weight of less than 15,000 pounds.
A.
No tow truck operator shall respond to the scene of a
disabled vehicle or a motor vehicle accident unless directed to respond to
the scene by the dispatcher of the police agency responding to the scene or
unless directly requested to respond to the scene by the owner or operator
of the disabled vehicle.
B.
When an owner or operator requests a particular tow truck
operator, the owner or operator must so advise the police officer responding
to the scene.
A.
It shall be unlawful for any person or any agent, servant
or employee of a tow truck operator engaged in a towing or wrecking service
to solicit business at the scene of an accident.
B.
No tow truck or tow truck operator shall come within
500 feet of the scene of any accident within the Town of Wappinger unless
a specific request for the services of such tow truck or tow truck operator
has been requested by the person in charge of the disabled vehicle, the tow
truck notification operator, a police officer or other emergency personnel.
C.
A violation of this section shall be deemed an offense
punishable by:
(2)
A fine as set forth in Chapter 122, Article V, § 122-20JJ(2), of the Code or a period of imprisonment not to exceed 15 days for a second offense.
(3)
A fine as set forth in Chapter 122, Article V, § 122-20JJ(3), of the Code or a period of imprisonment of not to exceed 15 days for a third and any subsequent offense.
The dispatcher for the police agency responding to the scene or the
police officer or other emergency personnel in charge at the scene shall make
all requests for wrecking, towing and storage services for disabled vehicles
located within the Town of Wappinger.
A.
Any vehicle which cannot be safely driven under its own power must be removed from the scene of the accident by the tow truck notified pursuant to the provisions of § 227-5. The police officer at the scene shall make the determination whether any disabled vehicle may be safely driven under its own power.
B.
Any tow truck called to the scene of an accident must
remove any debris, vehicle parts or other road hazards resulting from the
disabled vehicle. Except in the case of a major fuel or fluid spill, the tow
truck operator shall place speedy dry, sand or other substance to absorb the
fuel or fluid spill.
