It is hereby declared and found that it is of vital importance to the
traveling public that disabled vehicles are removed from the highways as promptly
as possible; that any delay in such removal may result in retarding the movement
of traffic unnecessarily and may cause street accidents; and that the towing
of motor vehicles from public highways and private property within the Village
of Great Neck Plaza is a matter affecting the public interest and, consequently,
should be subject to supervision and administrative control for the purpose
of safeguarding the public against fraud and the imposition of exorbitant
towing charges or any similar abuse.
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.
DRIVER
Any person driving a tow car for hire within the enforcement jurisdiction
of the Village of Great Neck Plaza.
FOR HIRE
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 towed vehicle for a consideration although
no charge is expressly imposed for the towing of such vehicle. For the purpose
of this chapter, the towing of a motor vehicle with a registration different
from the tow car shall be presumed to be "for hire."
OPERATE
The control and direction of the use of a vehicle for towing from
places within the enforcement jurisdiction of the Village of Great Neck Plaza.
OWNER
A person owning, leasing or controlling one or more tow cars and
driving, operating or causing any such vehicle to be operated for hire within
the enforcement jurisdiction of the Village of Great Neck Plaza.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
RESTRICTED LICENSE
That license issued to the owners of towing cars and authorizing
the holder thereof to engage in all tow car operations, except that he may
not respond to the scene of an accident or remove a disabled vehicle from
the scene of an accident; nor may be solicit any person involved in an accident
at the scene of such accident for the towing of such vehicle, whether directly
or indirectly, on his behalf or on behalf of any other person, firm or corporation;
nor may be 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. No such solicitation
shall be made at the scene of the accident nor from private property in the
vicinity of the scene of the accident.
SCENE OF ACCIDENT
Any area of a street or private property where a vehicular accident
has occurred or to which a vehicle is removed to prevent obstruction of traffic
and will remain so until the vehicle or vehicles are removed either under
its/their own power or by a properly licensed tow car.
SOLICIT
To entreat, to approach with a request or plea, to strongly urge,
to accost or to try to obtain by asking.
TERMINAL
Any place of business maintaining twenty-four-hour service and located
within the Village of Great Neck Plaza or within an incorporated Village located
within the area of the Town of North Hempstead where the licensee, as the
sole business activity conducted on the premises, or in conjunction with a
business activity on the premises owned or operated by the licensee, maintains
a licensed tow car to respond to calls regarding motor vehicles.
TOWING
The moving or removing of a motor vehicle by another vehicle or tow
car for hire.
TOWING CAR or TOW CAR
A vehicle which either is towing or is equipped with a crane, winch
or similar device designed to raise, remove, push, pull 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 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 having legibly inscribed on each side, in letters
not less than three 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, including responding
to the scene of an accident as hereinafter provided. 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 or she may establish.
It shall be unlawful for any person to drive along any street or bridge
in the Village of Great Neck Plaza and actively solicit towing work. Solicitation
of towing work by the operator or other occupant of a tow car while parking
or standing on any street or bridge is also prohibited. A tow car operator
shall not stop, stand or park at the scene of an accident involving one or
more vehicles without having been requested or notified to do so by the owner
of the disabled vehicle or his authorized representative or the police. Responding
to a call merely upon notification from gas station attendants, taxicab drivers
or other unauthorized persons shall be considered in violation of this provision.
A police officer present at the scene of an accident will present a
list of authorized tow car operators to the owner or driver of any disabled
motor vehicle, provided that such person is physically able and capable of
making such choice of services, and said owner or driver shall have the right
to require the services of any available licensed tow car. It shall be unlawful
for any owner or driver of any licensed tow car to refuse to render such services
if such owner or driver of such disabled motor vehicle is able and willing
to pay the fee prescribed as set forth herein; provided, however, that it
is physically possible for such tow car to tow such disabled motor vehicle
and that such tow car is not already going to or returning from a job.
Licensed tow car owners and drivers, when required, will answer all
communications received from the Village Clerk and will provide any information
which the Village Clerk, in his or her discretion, deems necessary for the
satisfaction of this chapter.
It shall be unlawful for any person to demand or receive any payment
in excess of the maximum charges permitted by this chapter.
At his place of business, every unrestricted tow car owner shall maintain
for one year a bound record book of all calls for towing service at the scene
of an accident to be available for inspection by the police or office of the
Village Clerk. Entries in this book shall be legible, made in ink and written
in English at the time the call is received and shall specify:
A. Name of person making a call.
C. Time of arrival at the scene of the accident.
The Village Clerk shall have the power to prescribe reasonable rules
and regulations for the proper and efficient administration and enforcement
of this chapter.
Any offense against any provision of this chapter shall be a violation
of this chapter, which violation shall be punishable by a fine of not more
than $250 or by imprisonment for a period not exceeding 15 days for each such
offense, or by both such fine and imprisonment, except that any person or
persons, association or corporation committing an offense against any provision
of this chapter shall be guilty of a Class B misdemeanor, which shall be punishable
by a fine of not more than $500 or by imprisonment for a period not to exceed
three months for each such offense, or by both such fine and imprisonment.
The Village of Great Neck Plaza hereby repeals Local Law No. 16 of 1984.