This chapter shall be known and may be cited
as the "City of Glen Cove Wrecking and Towing Ordinance."
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 within the City of Glen Cove is a matter affecting
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 accident or occurrence in which one or more vehicles
come into contact with each other or other object, thereby causing
personal injury or property damage.
CITY
The City of Glen Cove, including both public highways and
public property.
DRIVER
Any person driving a tow car for hire within the enforcement
jurisdiction of the City of Glen Cove.
FOR HIRE
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, carrying or removing any
vehicle other than by private contract, 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 a vehicle.
OPERATE
The control and direction of the use of a vehicle for towing
from places within the enforcement jurisdiction of the City of Glen
Cove, for hire.
OWNER
A person owning, leasing or controlling one or more tow cars
and driving, operating or causing any such vehicles to be operated
for hire within the enforcement jurisdiction of the City of Glen Cove.
OWNER'S LICENSE
That license which is issued to the owners of tow cars authorizing
the holder thereof to engage in all tow car operations, including
responding to the scene of an accident as hereinafter provided. The
Chief of Police shall have authority to limit the number of towing
car licenses to be issued hereunder to any one licensee in accordance
with such reasonable standards as may be established.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
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 remains so until the vehicle or vehicles
are removed either under 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, to try to obtain by asking.
TERMINAL
Any place of business maintaining twenty-four-hour service
and located within the City of Glen Cove, or within a radius of 1
1/2 miles of the City of Glen Cove, where a licensee maintains a licensed
tow car to respond to calls regarding motor vehicles. Such terminal
must be equipped to properly store and safeguard the towed vehicle
and be the exclusive storage location for cars towed under this chapter.
[Amended 8-25-1990]
TOWING
The moving or removing of a disabled or abandoned motor vehicle
by another vehicle for hire.
TOWING CAR or TOW CAR
A.
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.
B.
For the purposes of this chapter, the following
shall not be considered towing cars:
C.
Vehicles of a governmental agency.
D.
Vehicles used exclusively for towing motor vehicles
which are owned, leased or operated by the owner or lessees 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 three
inches high, the legend: "Not for public hire."
E.
Vehicles used for towing motor vehicles which
are owned, leased or operated by a person, firm or corporation which
has a private contract for towing such vehicles.