[HISTORY: Adopted by the Board of Trustees of the Village of Valley Stream 8-8-1994 by L.L. No. 6-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Motor vehicle insurance — See Ch. 55.
Vehicle and traffic regulations — See Ch. 93.
Abandoned vehicles — See Ch. 94.
Unless otherwise expressly provided, for the purpose of this chapter, the following words shall have the meanings herein indicated:
ACCIDENT
Any incident or occurrence in which one or more vehicles come into contact with each other or another object, thereby causing personal injury or property damage.
COUNTY
The geographical area of the County of Nassau, including the territory contained within the City of Long Beach, the City of Glen Cove and the incorporated villages within the County of Nassau.
DRIVER
Any person driving a tow car for hire upon a public highway.
FOR HIRE
Includes any incident where a fee, charge or other consideration is directly or indirectly imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs made on a vehicle towed for consideration, although no charge is expressly imposed for the towing of such a vehicle.
OPERATE
Includes the control and direction of the use of a vehicle for hire for towing from places within the Village of Valley Stream.
OWNER
Includes a person owning, leasing or controlling one or more tow cars for hire and driving, operating or causing any such vehicle to be operated upon the public highways. For purposes of this chapter, only one person shall be deemed the owner of a tow car for hire and only one owner's license shall be issued for each tow car vehicle.
[Amended 10-6-1997 by L.L. No. 9-1997]
PERSON
Includes an individual, partnership, unincorporated association, corporation or other entity.
RESTRICTED LICENSE
That license issued to the owner of a towing car authorizing the holder thereof to engage in all tow car operations, except that he/she may not respond to a call to the scene of an accident or remove a disabled vehicle from the scene of an accident, nor may he/she solicit the person in charge of a vehicle involved in an accident, at the scene of such accident, for the towing of such vehicle, whether directly or indirectly on his/her behalf or on behalf of any other person, firm or corporation; nor may he/she, at the scene of an accident where towing is required, make an estimate of the cost of repairs or offer to make such an estimate or offer to make such repairs, although no charge is imposed for towing.
[Amended 10-6-1997 by L.L. No. 9-1997]
SCENE OF ACCIDENT
Includes any area of a street to which a vehicle is removed to prevent obstruction of traffic and will remain so until the vehicle is removed either under its own power or by a properly licensed tow car.
TERMINAL
Any place or business located within the County of Nassau or within a city or incorporated village located within the County of Nassau.
TOWING
The moving or removing of disabled or abandoned motor vehicles by another vehicle for hire.
TOWING CAR, TOW CAR or TOW TRUCK
A vehicle which is either towing or is equipped with a crane, winch or similar device designed to raise, remove or carry a motor vehicle or the front or rear end thereof. For the purpose of this section, the following shall not be considered "towing cars":
A. 
Vehicles of a governmental agency.
B. 
Vehicles used exclusively for towing disabled motor vehicles which are owned, leased or operated by the owner or lessee of the towing vehicle or by a person, firm or corporation which is affiliated with the owner or lessee of the towing vehicle and such vehicles have legibly inscribed on each side, in letters not less than two inches high, the legend "Not for public hire."
UNRESTRICTED LICENSE
That license which is issued to the owners of towing cars authorizing the holder thereof to engage in all tow car operations. The Village Clerk shall have authority to limit the number of unrestricted towing car licenses to be issued hereunder to any one licensee in accordance with such reasonable standards as he/she may establish.
VILLAGE
The Incorporated Village of Valley Stream.
A. 
It shall be unlawful for any person to operate, store or use any tow car/tow truck owned or controlled by him/her or permit the same to be operated, stored or used in the Village without having first obtained and then having in force a current valid owner's license therefor, as hereinafter provided.
B. 
It shall be unlawful for any owner of any tow car/tow truck to permit the same to be operated, stored or used in the Village by any person not in possession of a current valid Village tow car/tow truck driver's license.
A. 
Every license issued hereunder shall expire on the 31st day of December next succeeding the date of its issuance, unless sooner revoked by the Board of Trustees, as hereinafter provided.
B. 
Every person making application to operate a tow car or tow cars owned or controlled by him/her upon the public highways within the Village shall file with the Village Clerk verified proof that the person holds a valid current owner's license issued by the Town of Hempstead, pursuant to Chapter 183 of the Code of the Town of Hempstead.
[Amended 10-6-1997 by L.L. No. 9-1997]
[Amended 10-6-1997 by L.L. No. 9-1997]
Applicants for a restricted license will be limited to normal towing and will not be permitted at scenes of accidents.
[Amended 10-6-1997 by L.L. No. 9-1997]
Applicants for an unrestricted license will be allowed at the scene of accidents. The unrestricted license will qualify, provided that:
A. 
The licensee owns, operates and maintains a bona fide terminal within the Village of Valley Stream.
(1) 
Said terminal shall be identified by a legible, conspicuously displayed sign. Such sign shall include the name and telephone number of the tow company and be of a minimum size of two feet by two feet. Any sign required to be posted pursuant to this subsection must comply with the applicable sections pertaining to signs as stated in Chapter 99, Zoning, of the municipality where the terminal is located.
B. 
Such terminal maintains twenty-four-hour service to answer emergency calls regarding motor vehicles.
C. 
The tow truck or trucks of such licensee are equipped with a lifting boom or similar device, a minimum one-and-one-half-ton power winch equipped with 100 feet of three-eighths-inch steel cable, a fire extinguisher, a crowbar, an emergency flashing light, at least one dozen flares and a heavy-duty broom and shovel.
D. 
Upon responding to the scene of an accident and before departing said scene, it shall be the responsibility of the Tow Car operator to remove any and all accident debris from the roadway, including but not limited to broken glass and oil and liquid spills.
(1) 
There shall be no additional fee charged for the clean up of the roadway at an accident scene.
[Amended 10-6-1997 by L.L. No. 9-1997]
Every person applying for an owner's license shall submit to the Village Clerk a full and complete copy of the most recent application submitted to the Town of Hempstead, together with a copy of the owner's license issued by the Town of Hempstead, and any other document or information as may be required by the Village Clerk.
[Amended 10-6-1997 by L.L. No. 9-1997]
If the Village Clerk shall find that the applicant is a fit person and capable of properly conducting such a tow car business and conforming to the certification of each tow car proposed to be operated by the applicant pursuant to § 89A-3 hereof and the furnishing by the applicant of proof of insurance, as hereinafter provided, then the Village Clerk, upon the certification of each tow car proposed to be operated by the applicant pursuant to § 89A-3 and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license, stating the name and address of the applicant, the date of the issuance thereof and the number of vehicles the applicant is authorized to operate, and at the same time, the Village Clerk shall issue for each vehicle licensed hereunder a license bearing the words "licensed tow car," an assigned number and the year of issuance, otherwise such application shall be denied.
[1]
Editor's Note: Former § 89A-7, Fingerprint investigation of applicant, was repealed 10-6-1997 by L.L. No. 9-1997, which local law also renumbered former § 89A-8 as § 89A-7
[Amended 10-6-1997 by L.L. No. 9-1997]
Any license issued under § 89A-7 may be renewed annually for additional periods of one year each from the date of expiration, upon the filing of an application containing all the information required by the provisions of this chapter for original applications.
[1]
Editor's Note: Former § 89A-9, Guiding considerations; § 89A-10, Examination or hearing prior to issuance; § 89A-11, Additional tow cars; and § 89A-12, Addition or transfer of places of service, which immediately preceded this section, were repealed 10-6-1997 by L.L. No. 9-1997, which local law also renumbered § 89A-13 as § 89A-8.
Before the issuance to him/her of a license under this section, each applicant shall file with the Village Clerk evidence that he/she is insured against public liability in the limits required by law, which insurance shall be maintained in force during the period covered by the license.
[1]
Editor's Note: Former § 89A-14, Inspection required, which immediately preceded this section, was repealed 10-6-1997 by L.L. No. 9-1997, which local law also renumbered §§ 89A-15 through 89A-20 as §§ 89A-9 through 89A-14.
The owner's license issued hereunder shall not be transferable.
A. 
It shall be unlawful for any person to operate a tow car for hire in the Village of Valley Stream as a driver on or in connection therewith, unless such driver shall have first obtained a license from the Village Clerk, as hereinafter provided.
B. 
Every driver's license issued under this section shall be issued as of the date of the granting thereof and shall expire on the 31st day of December next succeeding, unless sooner revoked by the Board of Trustees, as hereinafter provided.
C. 
Every person making application for a license to drive a licensed tow car upon the public highways within the Village shall file with the Village Clerk verified proof that the person holds a valid license issued by the Town of Hempstead to drive a tow car pursuant to Chapter 183 of the Code of the Town of Hempstead.
[Amended 10-6-1997 by L.L. No. 9-1997]
D. 
The driver's license thereunder shall not be transferable.
[Amended 10-6-1997 by L.L. No. 9-1997]
E. 
Every person applying for a driver's license shall submit to the Village Clerk a full and complete copy of the most recent application submitted to the Town of Hempstead, together with a copy of the driver's license and any other documents of information as may be required by the Village Clerk.
[Amended 10-6-1997 by L.L. No. 9-1997[1]]
[1]
Editor's Note: This local law also repealed former Subsections F and G, which immediately followed this subsection.
[Amended 10-6-1997 by L.L. No. 9-1997]
A. 
Any applicant who shall have been denied a license under this chapter by the Village Clerk may apply to the Review Board for a review of the action by the Village Clerk, as hereinafter provided:
(1) 
The application to review the Village Clerk's determination shall be in writing, signed and verified by the applicant, and shall state the reasons for claiming that the Village Clerk's determination was erroneous.
(2) 
The application for such review must be filed with the Village Clerk within 20 days of receipt by the applicant, either by mail or in person, of the denial by the Village Clerk.
(3) 
Upon the filing of such application to review, the Review Board, consisting of three members of the Board of Trustees appointed by the Mayor, shall hold a hearing thereon pursuant to the provisions hereinafter set forth.
(4) 
The Review Board shall at the hearing consider the application before the Village Clerk in relation to his/her determination and, in its discretion, may receive new or additional evidence in support of or in opposition to the determination under review.
B. 
The Review Board, after such hearing, may either affirm the determination of the Village Clerk or direct him/her to issue the appropriate license, under the provisions of this chapter.
A. 
Whenever it shall be provided herein that a hearing shall or may be held by the Review Board, such hearing shall be held on a date and at a place and hour designated by the Mayor.
B. 
The Village Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee, at least ten days before such hearing.
C. 
At any hearing, the applicant or license holder involved shall be entitled to be represented by counsel and to present such competent and material testimony or other evidence in his/her own behalf as may be relevant to the subject matter of the hearing.
D. 
All witnesses shall be sworn and examined under oath.
[Amended 10-6-1997 by L.L. No. 9-1997; 10-21-2013 by L.L. No. 10-2013]
A. 
The fees for filing applications hereunder may be changed from time to time by the Board of Trustees by resolution and shall be paid to the Village Clerk at the time of the application is filed as follows:
(1) 
Filing fee on original application: $300.
(2) 
Filing fee on application for additional vehicles: $100.
(3) 
Driver's license fee: $100.
(4) 
Substitution of vehicle: $75.
(5) 
Replacement of lost medallion or vehicle card: $75.
(6) 
Replacement of lost driver's license: $50.
B. 
The fees for restricted and unrestricted vehicles as may be changed from time to time by the Board of Trustees by resolution shall be:
(1) 
Restricted.
(a) 
First vehicle: $200.
(b) 
Each additional vehicle: $100.
(2) 
Unrestricted.
(a) 
First vehicle: $200.
(b) 
Each additional vehicle: $100.
A. 
Any license issued hereunder may be suspended for a period of not more than three months or revoked by the Board of Trustees if the holder thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any local law or ordinance of the Village or be convicted of the violation of any traffic law, ordinance or regulation of the State of New York or any municipality of the State of New York or of any crime or be guilty of making a false statement or misrepresentation in his/her application. A license hereunder shall not be suspended or revoked by the Board of Trustees without a hearing having been held thereupon not less than 20 days after written notice thereof shall have been given to the licensee, in person or by registered mail.
[Amended 10-6-1997 by L.L. No. 9-1997]
B. 
The Village Clerk, upon receiving information giving reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter, has been convicted of any violation referred to in § 89A-18 hereof, has been indicted or charged with or for any crime or offense or is guilty of having made a false statement of misrepresentation in his/her application may forthwith temporarily suspend such license until such time as a hearing is held by the Review Board, as provided in § 89A-13 hereof, and the Review Board shall have rendered its determination thereon.
[Amended 10-6-1997 by L.L. No. 9-1997]
C. 
Violation of the following prohibition shall be a ground upon which the Village Clerk may suspend any towing license pursuant to final disposition in the manner set forth above. No person shall give or offer to give any payment, fee, reward or other thing of value, directly or indirectly, for obtaining information concerning a disabled vehicle which may require towing service, to solicit the towing or repair of such vehicle, and it shall be unlawful to have printed any card or other notice offering to give a payment, fee, reward or other thing of value for such information.
[1]
Editor's Note: Former § 89A-21, Condition and inspection of tow cars, which immediately preceded this section, was repealed 10-6-1997 by L.L. No. 9-1997, which local law also renumbered § 89A-22 as 89A-15.
The Village Clerk shall have the power to prescribe reasonable rules and regulations for the proper and efficient administration and enforcement of this chapter.
[1]
Editor's Note: Former § 89A-23, Regulations for tow car owners, which immediately preceded this section, was repealed 10-6-1997 by L.L. No. 9-1997, which local law also renumbered § 89A-24 as § 89A-16.
[Amended 10-6-1997 by L.L. No. 9-1997]
A. 
Licensed tow car owners and drivers, when required, will answer all communications received from the Village Clerk.
B. 
It shall be unlawful for any owner or driver to refuse to surrender a license or licenses to the Village Clerk upon demand, after such license or licenses have been suspended, revoked or expired.
C. 
The Village hereby expressly adopts and incorporates by reference as if fully stated herein all rules, regulations, requirements, fees, and conditions as contained in Chapter 183 as amended from time to time of the Code of the Town of Hempstead relating to the operation and conduct of tow car/tow truck owners and drivers. A current copy of said rules, regulations, requirements, fees, and conditions is available at the office of the Village Clerk for inspection, review and copying.
D. 
An owner's license or driver's license issued pursuant to this chapter shall remain valid only so long as the licensee continues to hold a valid Town of Hempstead license. Upon revocation, expiration or cancellation of the Town of Hempstead license, any license issued by the Village shall automatically be invalid.
[1]
Editor's Note: Former § 89A-25, Regulations for tow car owners, which immediately preceded this section, was repealed 10-6-1997 by L.L. No. 9-1997, which local law also renumbered §§ 89A-26 and 89A-27 as §§ 89A-17 and 89A-18.
[Amended 10-6-1997 by L.L. No. 9-1997]
An offense against any provision of this chapter shall be a violation which shall be punishable by a fine of not more than $2,000 or by imprisonment for a period not exceeding 20 days for each such offense, or by both such fine and imprisonment.