[HISTORY: Derived from Art. XXII of Ch. V of the Charter
and Ordinances, 1974, of the City of Buffalo. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 479.
[Amended 12-26-2000, effective 1-8-2001]
A.
It is the intent of the City of Buffalo, through the enactment
of this article, to regulate instances of towing in the City of Buffalo
in order to promote safety and responsibility within the streets and
highways of the City of Buffalo. The public interest is served by
the licensing of towing companies and vehicles in order to properly
identify tow trucks and to protect the citizens of the City from abuse
and mistreatment.
B.
As used in this chapter, the following terms shall have
the meanings indicated:
- PERSON
- Includes any individual, partnership, firm, corporation, association, company or organization of any kind.
- TOWING (COMMERCIAL)
- The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation.
- TOW TRUCK OWNER
- Includes anyone owning and operating or causing to be operated a tow truck for compensation within the City of Buffalo.
A.
It shall be unlawful after the effective date of this chapter
for any person to conduct the business for compensation of owning
and operating or causing to be operated a tow truck within the City
of Buffalo without first having obtained a license in the manner hereinafter
set forth.
C.
It shall be unlawful after the effective date of this chapter
for any person to operate a tow truck for compensation within the
City of Buffalo without first having obtained a license in the manner
hereinafter set forth. It shall not be necessary, however, for a person
who does not maintain a place of business within the City of Buffalo
to obtain such a license for the purpose of providing a towing service
that either originates or terminates outside of the City of Buffalo.
[Added 12-26-2000, effective 1-8-2001]
[Amended 12-26-2000, effective 1-8-2001]
Applications for licenses required by this chapter shall be
made upon forms provided by the Department of Permit and Inspection
Services of the City of Buffalo, shall be signed and verified under
oath by the applicant if an individual and by a duly authorized agent
if a partnership or corporation or similar organization and shall
set forth the following:
A.
If a person, the name and address of the applicant.
B.
If a partnership, the name, residence and business address
of each partner.
C.
If a corporation, the name, date and state under whose
laws such corporation was organized, and if a foreign corporation,
whether authorized to do business in the State of New York, and in
either event, the names of the principal officers, directors or other
authorized agents, their residences and business addresses.
D.
If an organization of any other kind, the authorized agents
for said organization and their residences and business addresses.
E.
Photocopies of New York State driver's licenses of
all drivers.
F.
Affidavits attesting that the drivers have no criminal
record or a full disclosure of any prior criminal history and an authorization
for a criminal background check.
[Amended 12-26-2000, effective 1-8-2001]
The Commissioner of Permit and Inspection Services shall forward
such application for a license, to the Department of Police of the
City of Buffalo; and after an investigation by said Department, the
Commissioner of Permit and Inspection Services, upon payment of the
proper fee and provided, further, that the statements set forth in
the application are true and that all laws and ordinances pertaining
thereto have been complied with, shall issue a license to the tow
truck owner or applicant. A license may not be issued to an owner
or driver convicted of any felony, any offense relating to the theft
or dismantling of motor vehicles, insurance fraud or sex offenses
or any series of convictions for traffic offenses that would indicate
a pattern of disregard for vehicle safety.
A.
Upon the issuance of such license, the holder thereof shall
be allowed to operate a tow truck for compensation within the City
of Buffalo, provided that he conspicuously displays in clear and legible
letters of at least two inches in height on both doors of the tow
truck the owner's name, business location and telephone number
and the number of his license or otherwise identifies himself as a
holder of a valid license from the City of Buffalo; and provided,
further, that such license number or other identification of the license
holder is displayed conspicuously in clear and legible letters of
at least four inches in height on both doors of the tow truck.
B.
No license issued under this chapter shall be transferable
or assigned or used by any other person other than the one to whom
it is issued.
The biennial license fee for doing business as the owner or operator of a tow truck within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April 1 following the date of issuance.
[Amended 5-22-1995, effective 6-2-1995]
An application for renewal of a license shall be filed and the
fee therefor paid on or before the 15th day of March biennially.
[Amended 12-26-2000, effective 1-8-2001]
The Commissioner of Permit and Inspection Services may revoke
a license issued under this chapter upon a hearing, after a reasonable
written notice of the time and place of such hearing, for cause and
particularly if he finds that the licensee has made any materially
false or incorrect statements in the application or if he finds that
the licensee has failed to comply with any of the provisions of this
chapter or any other statute, regulation or ordinance relating to
the operation and/or ownership of tow trucks.
[Amended 5-1-2001, effective 5-15-2001]
A.
Anyone holding a valid license for the ownership and/or
operation of a tow truck under this chapter, when responding to a
call for his services, shall cooperate fully with all lawfully constituted
authorities and shall immediately remove any vehicles that may be
a traffic hazard and shall immediately remove or cause to be removed
any debris or dislodged parts of motor vehicles which may have been
deposited on any of the streets of this City because of the incident
for which his services were required.
B.
Anyone holding a valid license under this chapter must
immediately notify in writing the local police station having jurisdiction
over the area when removing a vehicle unlawfully parked on private
property at the request of the owner of the premises and without the
consent of the vehicle owner as required by § 1210 (c) of
the Vehicle and Traffic Law.
C.
Anyone holding a valid license under this chapter is under
a continuing obligation to keep any information provided to the City
current and up-to-date. Failure to provide such information may be
cause for revocation of the license.
[Added 12-26-2000, effective 1-8-2001]
A.
It is the purpose and intent of this chapter to establish
an orderly system for the safe and expeditious removal of disabled
motor vehicles from the streets of the City of Buffalo, to supervise
and control the operation of towing businesses that are granted permission
to tow for the Police Department or the Division of Parking Enforcement,
and to remove and dispose of vehicles abandoned on streets located
in the City of buffalo.
B.
The provisions of this chapter shall not prohibit the driver
or owner of a vehicle which needs towing service from contracting
with any towing company of his or her own choice, provided that:
(1)
The vehicle is not being towed by police order pursuant
to an arrest or a violation of law or statute or for police investigation:
and
(2)
The towing service contracted with has the ability to,
and actually does, respond within a reasonable period of time, as
determined by the police officer in charge at the scene, taking into
consideration traffic conditions and the safety and well-being of
those affected by the situation.
C.
Services, such as collision or repair work, provided by
an authorized City tower not specifically covered by this chapter
shall not be regulated by the City of Buffalo and will be based solely
on the contract which exists between the towing company and the driver/owner
of the vehicle.
[Amended 5-1-2001, effective 5-15-2001]
As used in this article, the following terms shall have the
meanings indicated:
- ABANDONED VEHICLE
- A vehicle as defined in § 1224 of the Vehicle and Traffic Law of the State of New York.
- ACCIDENT
- Any incident or occurrence in which one or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a motor vehicle.
- AUTHORIZED INVOICE
- An invoice approval by the Department of Permit and Inspection Services which contains:
- AUTHORIZED CITY TOWER
- A towing company which has been approved by the Police Department, the Division of Parking Enforcement and the Department of Permit and Inspection Services to tow vehicles on behalf of the City of Buffalo.
- AUTHORIZED TOW TRUCK
- A specially equipped vehicle designed for the towing or pushing of disabled vehicles and which is:
- CITY
- City of Buffalo.
- DEPARTMENT OF PERMIT AND INSPECTION SERVICES
- The Commissioner of the Department of Permit and Inspection Services of the City of Buffalo or any other member of the Department designated by the Commissioner of the Department of Permit and Inspection Services to perform duties under this chapter.
- DIVISION OF PARKING ENFORCEMENT
- The Director of the Division of Parking Enforcement of the City of Buffalo or any other member of Division designated by the Director of the Division of Parking Enforcement to perform duties under this chapter.
- DRIVER
- A person who operates or drives or is in actual physical control of an authorized tow truck and whose license authorizes such person to operate said tow truck pursuant to the terms and conditions of § 501 of the Vehicle and Traffic Law.
- HEAVY TOW TRUCK
- An authorized tow truck having a winch and which is capable of lifting a motor vehicle having a minimum gross vehicle weight rating (GVWR) of 10,000 pounds.
- LETTER OF AUTHORIZATION
- A document signed by the Commissioner of Permit and Inspection Services authorizing a towing company to provide service for the City of Buffalo Police Department and which:
- A. Is biennially renewable.[Amended 5-1-2001, effective 5-15-2001]
- B. Specifies all the terms an authorized City tower must abide by.
- C. May be rescinded by either party upon giving the other party 24 hours' prior written notice.
- D. May be suspended by the City without prior written notice pending a hearing to determine whether there is sufficient cause to revoke such letter.
- POLICE DEPARTMENT
- The Commissioner of Police of the City of Buffalo or any other member of the Police Department designated by the Commissioner of Police of the City of Buffalo to perform duties under this chapter.
- TOWING
- The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation.
The Police Department or the Division of Parking Enforcement
may direct the removal of vehicles in the following circumstances:
A.
When any vehicle is parked or abandoned on any highway
within the City during a snowstorm, flood, fire or other public emergency
which affects that portion of the public highway upon which said vehicle
is parked or abandoned.
B.
When any vehicle is found or for any reason disabled on
any highway within the City where said vehicle constitutes an obstruction
to traffic.
C.
When any vehicle is parked or abandoned on any highway
within the City where stopping, standing or parking is prohibited.
D.
When any vehicle is disabled and rendered inoperable for
any reason upon a public highway or right-of-way.
E.
When any vehicle is parked on private property without
the consent of the owner of such property.
F.
When the driver of such vehicle has been arrested and taken
into custody and the vehicle must be removed from the public highway
or from private property other than the driver's, or when the
vehicle must be removed to ensure the safety of the vehicle and its
contents.
No towing company shall be allowed to tow vehicles on behalf
of the City of Buffalo unless and until it has been approved by the
Department of Permit and Inspection Services and the Police Department
as an authorized City tower in accordance with this chapter. The Division
of Parking Enforcement may also contract with towing companies as
needed to further the duties of the Division.
The Department of Permit and Inspection Services is hereby authorized
to:
A.
Receive and review any and all applications filed with
the City by towing companies for permission to be designated as authorized
City towers.
B.
Solicit the input of the Police Department as to which
towing companies should be designated as authorized City towers.
C.
Determine, in cooperation with the Division of Parking
Enforcement, the policy and procedure for all items pertaining to
the towing of vehicles on behalf of the City of Buffalo which are
not addressed in other sections of this chapter.
A.
An application for a letter of authorization shall be made
upon forms made available by the Department of Permit and Inspection
Services. Such application shall include the following information:
(1)
The name, address and telephone number of the business.
(2)
The name of the owner of the business, his address and
telephone number.
(3)
The name, address and telephone number of the contact
person at the business.
(4)
The location and size of the storage area, along with
the location and size of any alternate or additional storage areas.
(5)
The hours the storage area is supervised.
(6)
The height and type of construction of fence surrounding
the storage area.
(7)
A description of the trucks and the owners' names
(including year, make, model, vehicle identification number and New
York State registration number).
(8)
The number and types of trucks available for towing.
(9)
The number, names, addresses and dates of birth of drivers
available for tow trucks.
(10)
The flatbeds available.
(11)
The dollies available.
(12)
A certificate of insurance for liability/property/personal
injury damage showing thereon limits of insurance, as prescribed by
the Corporation Counsel.
(13)
Visa Card and MasterCard contracts (copies).
(14)
References.
(15)
A resume of business/towing experience and training.
(16)
Permission for the Buffalo Police Department to
conduct a fingerprint criminal history record investigation of the
owner(s) and driver(s). Waivers will be signed by each owner and driver.
Such fingerprints will be forwarded to the Division of Criminal Justice
Services (DCJS) along with the appropriate processing fee. All processing
fees are to be paid by the applicant, and the only authorized method
of payment will be a United States Postal or American Express money
order made out to the Division of Criminal Justice Services. Authorization
as a City tower may not be granted to an owner or driver convicted
of any felony, any offense relating to the theft or dismantling of
motor vehicles, insurance fraud or sex offenses or any series of convictions
for traffic offenses that would indicate a pattern of disregard for
vehicle safety.
[Amended 5-1-2001, effective 5-15-2001]
(17)
Permission shall be granted by the applicant for
an unannounced on-site inspection of the applicant's premises
by the Police Department.
(18)
An affidavit attesting that either the applicant
has no criminal background or the applicant's complete criminal
history has been disclosed to the Department of Permit and Inspection
Services.
B.
Term of letter of authorization.
(1)
If a towing company is designated as an authorized City
tower, such firm will be issued a letter of authorization, which will
expire two years from the first day of April in the year in which
it was issued. Reissuance of such letter of authorization will be
based on the past performance of said towing company and on continued
compliance with all the provisions of this chapter.
[Amended 5-1-2001, effective 5-15-2001]
(2)
The letter of authorization represents an agreement to
provide towing service to the City of Buffalo for two years. The Department
of Permit and Inspection Services may renew this letter biennially
without requiring a new application, or may decline to renew the letter
of authorization at the Director's discretion based on complaints
about the towing company, noncompliance with this chapter or the desire
to reduce the number of authorized City towers.
[Amended 5-1-2001, effective 5-15-2001]
(3)
Nothing in this chapter shall prohibit a towing company
from reapplying for designation as an authorized City tower.
C.
In the event any of the information required by the application
should change, the applicant must notify the Department of Permit
and Inspection Services and advise them of such change. It is the
responsibility of the towing company to keep all information on file
up-to-date.
A.
To qualify as an authorized City tower, each tow truck shall remit a biennial license fee as set forth in Chapter 175, Fees, to the City per zone.
[Amended 5-1-2001, effective 5-15-2001]
B.
Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee as set forth in Chapter 175, Fees, to the City per zone.
[Amended 5-1-2001, effective 5-15-2001]
C.
The letter of authorization shall not be transferable and
the registration fee shall not be prorated.
D.
The registration fee shall be due upon issuance or reissuance
of the letter of authorization and shall expire on the second April
1 following the date of issuance.
A.
A towing company must meet the following minimum requirements
before it will be considered as an authorized City tower:
(1)
The applicant's towing company, tow trucks and drivers
must be equipped and licensed in accordance with this chapter.
(2)
All of the requirements of this chapter must be successfully
met, an approved application must be received and all information
and data contained therein must be verified by the Department of Permit
and Inspection Services.
(3)
The proper and necessary insurance certificates must be
obtained and submitted to the Department of Permit and Inspection
Services.
(4)
The applicant must own or lease a facility that complies with the provision of § 454-19 of this chapter.
(5)
The facility and property must be at a location that is
zoned properly for such type of business and must comply with all
laws of the City, the County of Erie and the State of New York.
B.
An authorized City tower must also meet the following requirements:
(1)
The City tower must provide rapid service, which means
the tower must respond within 30 minutes.
(3)
There must be a building or other acceptable office facility
on the storage site.
(4)
The office shall be staffed, at the minimum, at the following
times: Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either
Saturdays or Sundays from 9:00 a.m. to 12:00 p.m. The telephone number(s)
for twenty-four-hour retrieval must be posted in a conspicuous place
on the storage site.
(5)
The City tower must utilize an authorized invoice containing
the address, phone numbers and fee schedule of the authorized City
tower.
(6)
The City tower must maintain at least two tow trucks per
zone.
(7)
Vehicles shall be subject to periodic inspection by the
Police Department and/or the Department of Permit and Inspection Services.
(9)
The City tower shall be authorized to take vehicles only
to a predesignated area, unless authorized emergency storage is ordered
by the Police Department or the Division of Parking Enforcement, if
the owner or operator of such vehicle does not identify an alternate
storage location.
(10)
The towed vehicle must be towed only by the assigned
authorized City tower. No surrogates are allowed unless specifically
authorized by the Police Department or the Division of Parking Enforcement.
C.
An authorized City tower shall, as a condition to being
designated as an authorized City tower, agree to accept and abide
by all of the terms of this chapter.
Authorized tow trucks shall have the following minimum equipment
on board at all times:
A.
Amber lights, as defined in § 375, Subdivision
41(3) of the Vehicle and Traffic Law of the State of New York.
B.
A carbon dioxide or dry powder fire extinguisher with a
minimum capacity of 10 pounds.
C.
One dozen red railroad-type flares (30 minutes).
D.
A safety chain.
E.
A shovel.
F.
A broom.
G.
A commercially manufactured rigid tow bar with slings or
a commercially manufactured wheel lift.
H.
A dolly with wheels.
I.
One pair of chains eight feet in length with J hooks and
T hooks attached.
J.
A tow block (may use a four-foot piece of a wooded four-by-four,
if no wheel lift is available).
K.
Scotch blocks.
L.
A trailer for motorcycles, all-terrain vehicles, snowmobiles.
(A flatbed would satisfy this requirement).
M.
Trucks must be clearly marked with the name, address and
telephone number of the towing company in at least two-inch letters
on both doors of the truck.
N.
Work lights directed to the rear of the vehicle to illuminate
the area behind the tow truck.
O.
If the City requires two-way radio communication, authorized
City towers will equip all their trucks at their own expense with
designated radio equipment as specified by the Fire Department.
[Amended 5-1-2001, effective 5-15-2001]
A.
Any vehicle removed by an authorized City tower shall be
stored in a lot enclosed by a chain link or stockade fence at least
six feet in height. This fence must be maintained in good repair with
no breaks or open areas. Vehicles may be stored in an enclosed building
in lieu of a fenced lot.
B.
Exterior lighting of the vehicle storage area shall be
required and shall be directed towards the vehicle storage area in
a manner that is sufficient to light the entire area to allow all
of the vehicles to be clearly seen during the hours of darkness. The
lighting must not reflect or glare into adjoining residences or businesses.
Lighting must be operational during the hours of darkness and must
be kept in good working condition.
C.
The minimum storage capacity on the actual site of the
business must be no less than 10 vehicles. The authorized City tower
must have alternate temporary storage available to him for an additional
10 vehicles; such temporary storage must be approved by the Department
of Permit and Inspection Services and must be in a fenced and secure
area.
D.
Any actual or suspected tampering with towed vehicles or
any theft must be reported to the Police Department within 24 hours
of the incident.
E.
The City will assume ownership of all abandoned vehicles
pursuant to § 1224 of the Vehicle and Traffic Law of the
State of New York.
F.
Upon obtaining ownership of abandoned vehicles, said vehicles
will be disposed of in accordance with § 1224 of the Vehicle
and Traffic Law of the State of New York. The tower may be directed
to deliver such abandoned vehicles to a designated site. The tower
will then be paid for such towing by City voucher. No storage charges
will be paid by the City for abandoned vehicles.
G.
The maximum fees to be paid by the City for any abandoned
vehicle impounded and disposed of by the City shall be $50.
H.
In no case will the amount paid to the tower exceed the
salvage fee or any other payment the City has received.
I.
Towers must establish contact in a timely manner with the
registered owner of a vehicle and inform them where the vehicle is
being stored in the event the owner or a responsible party is not
present at the scene of the tow. Information on storage rates should
also be conveyed at that time.
A.
The authorized City tower shall, without delay, report
to the Police Department 911 Lieutenant at (716) 851-4549 the removal
and disposition of any vehicle removed as provided in this chapter.
B.
Towers shall keep accurate and orderly records of all vehicles
towed, in a manner prescribed by the Division of Parking Enforcement.
The Division of Parking Enforcement will establish procedures
and shall disseminate standardized forms to be used for releasing
all impounded vehicles.
Any vehicle towed pursuant to this chapter or otherwise caused
to be towed by the City which shall become an abandoned vehicle may
be converted to City use pursuant to § 1224, Subdivision
6, of the Vehicle and Traffic Law of the State of New York.
A.
The Police Department is hereby empowered to establish
tow zones within 60 days from the effective date of this chapter.
These zones should be designed to ensure the best towing coverage,
dispatch efficiency, response time and convenience for drivers claiming
their vehicles. Once these zones are established, only that tower
assigned to that zone will be allowed to tow vehicles within that
zone. Authorized City towers will be dispatched from a list designated
for that zone on a rotational basis. The Police Department may amend
the zones as required by circumstances.
B.
During any highway emergency, such as snowstorms, floods,
etc., the Police Department may suspend the boundary lines of these
zones for the purpose of more efficient vehicle removal. The Police
Department may not suspend these boundary lines for more than 10 consecutive
days without authorization from the Common Council.
C.
The Police Department shall retain the discretion to determine
whether a tower is qualified to perform any particular tow at the
scene of such tow.
Authorized City towers shall not charge more than the following
rates for the following respective services:
A.
Storage area and tow trucks. Upon receipt of a properly
completed application, the Department of Permit and Inspection Services
shall direct the application to be reviewed and an on-site inspection
of the storage area and tow truck(s) to be conducted by the Division,
the Police Department and the Fire Department to determine if the
requirements as set forth in this chapter are met. Within a reasonable
time after completion of the review and inspection, the Police Department
and the Fire Department shall either recommend approval or denial
of the application to the Director of Permit and Inspection Services.
B.
Periodic inspections. The Police Department will make annual
on-site inspections of each tower's operating base and storage
area. During this inspection, all required records, forms, tow trucks,
storage areas, lighting, security, tow truck equipment, etc., is subject
to inspection. The Department of Permit and Inspection Services and
the Fire Department will also provide inspections to ensure compliance
with applicable state and local codes. The result of any inspection
will be made part of the towing company's permanent file.
[Amended 5-1-2001, effective 5-15-2001]
C.
Compliance. Towers will have 15 days to bring any deficiency
noted during an inspection into compliance with the provisions of
this chapter. Failure to do so will be grounds for cancellation of
the letter of authorization.
An authorized City tower shall provide copies of any receipts
to the Department of Permit and Inspection Services on a monthly basis.
This will be accomplished by providing the Division with copies of
these receipts no later than the fourth day of every month. These
receipts shall reflect all towing work done for the Police Department
and/or the Division of Parking Enforcement during the previous month.
An authorized City tower may be removed from service by Police
Department and/or the Division of Parking Enforcement via the process
of rescinding the letter of authorization prior to the annual expiration
date for violating the provisions of the letter of authorization,
this chapter or for making materially false statements on the application
for a letter of authorization.
In the event that the Police Department and/or the Division
of Parking Enforcement refuses to recommend renewal or revokes or
suspends a letter of authorization, the authorized City tower shall
have the right to appeal such refusal, revocation or suspension to
the Department of Permit and Inspection Services, in accordance with
the following provisions:
B.
Whenever it shall be provided herein that a hearing shall
be held, such hearing shall be held on a date and at a place and hour
designated by the Department of Permit and Inspection Services.
C.
The Department of Permit and Inspection Services shall
give notice of any hearing to be held hereunder, stating the name
and business address of the authorized City tower concerned, the subject
matter of the hearing and the date, place and hour designated therefor,
by mailing a copy of such notice to the tower concerned at the business
address shown upon the most recent application of such tower at least
10 days prior to the date of such hearing.
D.
At any hearing held for the refusal, revocation, suspension
or removal of a tower from a list, such tower shall be entitled to
be represented by legal counsel and to present testimony or other
evidence in his own behalf, as may be relevant to the subject matter
of the hearing.
[Amended 5-1-2001, effective 5-15-2001]
This chapter shall become effective on the first day of July
2001.
Should any section or provision of this chapter be decided by
any court to be unconstitutional or invalid, such decision shall not
affect the validity of this chapter as a whole or any part hereof
other than the part so decided to be unconstitutional or invalid.
