[HISTORY: Adopted by the Town Board of the Town of Thompson 7-7-1981 by L.L. No. 5-1981 (Ch. 226 of the 2003 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire zones — See Ch. 134.
Vehicles and traffic — See Ch. 231.
[Amended 10-21-2003 by L.L. No. 7-2003]
No person shall operate a truck or other type of motor vehicle designed and capable to service or tow other motor vehicles for hire within that portion of the Town of Thompson outside any incorporated village or city therein unless a license therefor shall first have been obtained from the Town Clerk of the Town of Thompson as hereinafter provided, except that tow truck operators from outside of the Town of Thompson may enter the Town of Thompson to remove a motor vehicle from any garage or private residence without a license.
[Amended 4-5-1994 by L.L. No. 1-1994; 10-21-2003 by L.L. No. 7-2003]
No such license shall be issued unless an application therefor shall have been filed with the Town Clerk upon a form prescribed therefor which shall include:
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 the service or tow truck to be operated.
C. 
The amount of liability insurance for personal injury and property damage on said service or tow 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.
D. 
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 Thompson 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.
E. 
The applicant's registered repair shop certificate number, and a copy of the applicant's registered repair shop certificate shall be attached to the application form.
F. 
Such other information or exhibits as shall reasonably be required by the Town official to whom administration of these provisions is delegated.
[Amended 9-3-1985 by L.L. No. 3-1985; 4-5-1994 by L.L. No. 1-1994; 5-5-1998 by L.L. No. 3-1998]
A licensee shall not impose a charge for towing of passenger cars, trucks and other vehicles in the Town of Thompson in excess of the following rates:
A. 
Passenger cars and trucks not exceeding 8,600 gross vehicle weight (GWV):
[Amended 4-22-2008 by L.L. No. 4-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
From 6:00 a.m. to 6:00 p.m., rates as set from time to time by resolution of the Town Board.
(2) 
From 6:01 p.m. to 5:59 a.m., rates as set from time to time by resolution of the Town Board.
B. 
Commercial vehicles and trucks or buses in excess of 8,600 GWV: rates as set from time to time by resolution of the Town Board. There shall be no maximum charge for trucks and buses in excess of 14,000 GWV.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Additional reasonable charges may be made in addition to the charges provided for in Subsections A and B above for labor for the following services:
(1) 
Righting an overturned vehicle.
(2) 
Removing from the highway any motor vehicle incapable of being towed.
(3) 
Opening a locked vehicle.
(4) 
Towing, pulling or hoisting vehicles from positions off the highway.
(5) 
Disconnecting the drive shaft.
(6) 
The use of a torch or other cutting equipment.
(7) 
Winching.
(8) 
The use of dolly wheels.
D. 
All licensees shall conspicuously post in their garages, service stations or other places of business a schedule of the maximum rates for towing as hereinabove set forth. Licensees shall also carry or maintain a copy of such schedule in the towing or service truck at all times and bring the same to the attention of the vehicle owner before rendering any service.
E. 
Any vehicle picked up for towing in the Town of Thompson shall be towed to a legal destination within the Town of Thompson (a registered repair shop or a legally zoned and approved automobile storage area) unless the owner of the vehicle requests that the vehicle be removed to a location outside of the Town of Thompson.
[Amended 9-3-1985 by L.L. No. 3-1985; 4-5-1994 by L.L. No. 1-1994; 5-5-1998 by L.L. No. 3-1998]
A licensee shall not impose a charge for road service in the Town of Thompson in excess of the following rates:
A. 
For all motor vehicles, based on a maximum of 20 minutes of work to service the same:
[Amended 4-22-2008 by L.L. No. 4-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
From 6:00 a.m. to 6:00 p.m.: rates as set from time to time by resolution of the Town Board.
(2) 
From 6:01 p.m. to 5:59 a.m.: rates as set from time to time by resolution of the Town Board.
B. 
Additional reasonable charges may be made for road service calls that require services in excess of the maximum twenty-minute period.
C. 
Licensees shall be required to conspicuously post in their garages, service stations or other places of business a schedule of the maximum rates to be charged for road service as herein set forth. Licensees shall also carry or maintain a copy of such schedule in the towing or service truck at all times and bring the same to the attention of the vehicle owner before rendering any service.
D. 
In no event shall a disabled vehicle be charged for both towing and road service. The licensee shall be permitted to charge the greater of a towing charge or a road service charge when a vehicle is towed by the licensee, and the licensee shall not charge for towing and, in addition thereto, road service.[1]
[1]
Editor's Note: Original § 114-5, Rates for Sundays and holidays, as amended, of the 1981 Code, which immediately followed this section, was repealed 5-5-1998 by L.L. No. 3-1998.
[Added 4-5-1994 by L.L. No. 1-1994]
So long as the owner of the vehicle does not request that it be towed to a location outside of the Town of Thompson, in no event shall the mileage charges provided in §§ 225-3 and 225-4 be imposed for mileage in excess of:
A. 
If the licensee's point of departure is outside of the Town of Thompson, the distance between the location of the disabled vehicle and the Town of Thompson Town line located closest to the disabled vehicle measured along the nearest highway access between the Town line and such disabled vehicle; or
B. 
If the licensee's point of departure is in the Town of Thompson, the distance between the location of the disabled vehicle and the location of the licensee's registered repair shop within the Town of Thompson or legal automobile storage area within the Town of Thompson.
[Amended 9-3-1985 by L.L. No. 3-1985; 5-5-1998 by L.L. No. 3-1998]
A. 
A licensee shall not impose a charge for storage of motor vehicles towed to a licensee's garage, service station or other place of business in the Town of Thompson in excess of the following amounts:
[Amended 4-22-2008 by L.L. No. 4-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
For inside storage: rates as set from time to time by resolution of the Town Board.
(2) 
For outside storage: rates as set from time to time by resolution of the Town Board.
B. 
For the purposes of this section, "inside storage" shall mean secured, fenced or protected storage for which the licensee shall maintain a detailed record of each day of storage for each vehicle.
[Amended 10-21-2003 by L.L. No. 7-2003]
Every license issued pursuant to this chapter shall expire on the first day of January following the issuance thereof and is not transferable from one operator to another nor from one truck to another without the prior consent of the Town Board.
[Amended 5-5-1998 by L.L. No. 3-1998; 10-21-2003 by L.L. No. 7-2003; 4-22-2008 by L.L. No. 4-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The license fee payable to the Town Clerk for each license or renewal thereof shall be as set from time to time by resolution of the Town Board, which shall be issued to each service or tow truck. A license shall be valid for an entire year or portion thereof without reduction in fee.
[Amended 10-21-2003 by L.L. No. 7-2003]
On each side of every service or tow truck 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 service or tow truck or of the person having the license therefor and the license number assigned to such tow or service truck by the Town Clerk.
[Amended 10-21-2003 by L.L. No. 7-2003]
Each person operating a service or tow truck business may obtain a license for each service or tow truck he desires to operate, provided that such person abides by the regulations set forth herein.
[Amended 5-5-1998 by L.L. No. 3-1998; 10-21-2003 by L.L. No. 7-2003]
It shall be unlawful for any person operating a licensed service or tow truck to charge any party more than the maximum prices set forth in his application for the servicing, towing or storage of disabled motor vehicles or in excess of the maximum charges set forth in §§ 225-3, 225-4 and 225-6 of this chapter. Nothing herein contained shall prohibit such person from making a reasonable extra charge for performing the services described in §§ 225-3C and 225-4 of this chapter. The schedule of maximum prices to be charged may be revised by a licensee at the time of application for a renewal of such license or by filing a new schedule of maximum charges within 30 days after the adoption of any amendments to this chapter which increase the maximum prices allowed to be charged for servicing, towing or storing motor vehicles by licensees.
[Amended 10-21-2003 by L.L. No. 7-2003]
It shall be unlawful for any person to service or tow away any motor vehicle which has been involved in an accident without the prior consent of the owner or operator or the police officer at the scene of the 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.
[Amended 10-21-2003 by L.L. No. 7-2003]
A. 
It shall be unlawful for any person to drive along any public street or highway within that portion of the Town of Thompson outside any incorporated village or city therein for the purpose of soliciting towing and/or repair work.
B. 
It shall be unlawful for any person to solicit towing or repair work at the scene of any motor vehicle accident on private property or on a public highway within that portion of the Town of Thompson outside any incorporated village or city therein.
The Town Board may revoke any license or licenses issued under authority of this chapter to any applicant whom the Town Board shall determine, 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.[1]
[1]
Editor's Note: Original § 114-15, Penalties for offenses, of the 1981 Code, which immediately followed this section, was repealed 10-21-2003 by L.L. No. 7-2003. See now Ch. 1, Art. II, General Penalty.