City of Glen Cove, NY Article II Owner's License

§ 259-4 Owner's license required.

It shall be unlawful for any person to operate any tow car owned or controlled by him or her or permit the same to be operated within the enforcement jurisdiction of the City of Glen Cove without having first obtained and then having in force an owner's license therefor, as hereinafter provided.

§ 259-5 Term of license.

Every license issued hereunder shall expire on the 31st day of December next succeeding the date of its issuance, unless sooner revoked by the Chief of Police as hereinafter provided.

§ 259-6 Application for owner's license.

Every person who desires to operate a tow car or tow cars owned by him or her within the City of Glen Cove shall file with the Chief of Police a written application upon forms to be furnished by the Police Department, verified under oath stating:

A. The name and address of the applicant, the address of the place from which tow cars are proposed to be garaged and dispatched; specifying, in the case of any corporation or unincorporated association, the names and addresses of all officers.

B. All crimes of which the applicant, or any member thereof if an unincorporated association, or any officer if a corporation, has been convicted, stating the name and location of the court and the date on which such convictions were had and the penalties imposed therefor.

C. The experience of the applicant in the towing of vehicles for hire.

D. Any facts which tend to prove that the public convenience requires the granting of a license to the applicant.

E. The number of vehicles proposed to be operated by the applicant and a description of each such vehicle, including the make, model, year of manufacture, New York State registration number and motor number thereof.

F. The age and citizenship of the applicant and each member thereof if an unincorporated association, and each officer thereof if a corporation.

G. The location of any garages, storage areas and terminals proposed to be used by the applicant.

H. Whether applicant wishes his or her name to appear on the City tow car list, as detailed below in § 259-41.

I. Any other relevant information which the Chief of Police may require.

§ 259-7 Fee and qualifications.

[Amended 8-25-1992; 12-27-1994; 2-11-1997; 5-27-1997 by L.L. No. 2-1997]

Applicants for an owner's license shall be required to pay a nonrefundable fee as set forth from time to time by the City Council.[1] The licensee shall provide the following qualifications:

A. The licensee owns, operates and maintains a bona fide terminal within the City of Glen Cove or within a radius of 1 1/2 miles of the City of Glen Cove, to be used as the sole storage area for cars towed under this chapter. This criteria may be waived, however, at the discretion of the Police Department, in order to provide towing service for large sized vehicles and objects.

B. Such terminal maintains twenty-four-hour service to respond to emergency calls regarding motor vehicles.

C. The tow car or cars of such licensee are equipped with a lifting boom or similar device in the rear of the tow car, as well as equipment to push all types of vehicles; a minimum ton and a half power winch; dolly wheels; a snatch block; at least 100 feet of three-eighths-inch steel cable; a fire extinguisher; a crowbar; an emergency flashing light; at least one dozen flares; a heavy duty broom; a shovel; and five gallons of "speedy dry" or its functional equivalent. The primary tow truck of a tow company must be equipped with a lifting boom.

D. The licensee may operate a flat bed type tow car, provided that such vehicle carries required emergency equipment as listed in Subsection C, above.

[1] Editor's Note: The fee schedule is on file in the City offices.

§ 259-8 Additional requirements.

Every individual applicant for an owner's license shall, at the time of submitting his or her application:

A. Submit two individual photographs of the applicant taken within 30 days prior to the date of the application, 1 1/2 inches by 1 1/2 inches in size. Such pictures must be a true likeness of the applicant and must show neck, shoulders and uncovered head.

B. Be fingerprinted under the direction and supervision of the Chief of Police.

§ 259-9 Police investigation.

Upon receipt of any application, the Chief of Police may refer the same to any authorized investigative agency for whatever investigation he or she shall deem necessary or advisable and report thereon.

§ 259-10 Issuance of license.

A. Discretion of Chief of Police.

(1) The Chief of Police may issue a tow car owner's license after following the procedures hereinafter provided and making the following determinations:

(a) That the tow car service in the City is required for public convenience and necessity.

(b) That the applicant is a fit and capable person to conduct the tow car business.

(c) That each tow car to be operated under the license meets the standards of § 259-7C.

(d) That the applicant has in full force and effect the liability insurance required by Subsection E of this section.

(2) The license shall contain the following information:

(a) Name and address of licensee.

(b) Date of issuance.

(c) Number of vehicles the licensee is authorized to operate.

(3) At the same time, the Chief of Police shall issue for each vehicle to be operated under the license a license medallion bearing the words "Licensed Tow Car" and its assigned number and year of issuance.

(4) In case the applicant fails to meet the above conditions, the Chief of Police shall deny the application.

B. Public notice of filing of application. Before making any findings as to whether public convenience and necessity justify the issuance of a tow car owner's license, or the licensing of additional tow cars under § 259-11 hereof, the Chief of Police shall cause to be published in a newspaper of general circulation in the City of Glen Cove a notice stating that an application has been made for the licensing of a vehicle or vehicles as tow cars, the number of vehicles for which such application has been made and that written statements, if desired to be submitted, as to whether public convenience and necessity require the licensing of such vehicles, must be filed with the Chief of Police on or before the date fixed therein, which date shall be not less than eight days after the date of such publication. Any written statements filed shall be considered by the Chief of Police in making his or her findings as to public convenience and necessity. The cost of the publication mentioned above shall be paid in advance by the applicant at the time the application is submitted.

C. Facts to be considered by Chief of Police. In making the findings required by Subsection A hereof, the Chief of Police shall take into consideration:

(1) The number of tow cars already in operation in the City.

(2) Whether existing tow car service is adequate to meet the public need.

(3) The probable effect of additional tow cars on local traffic conditions.

(4) The character, experience and responsibility of the applicant.

(5) The adequacy of the service which the applicant proposes to give.

D. Examination of applicant, etc. The Chief of Police may, in his or her discretion, before issuing a license under Subsection A, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto, or request a hearing before the City Council as provided in § 259-30.

E. Liability insurance required. Before the issuance to the applicant of a license under this chapter, each applicant shall file with the Chief of Police proof of insurance, subject to approval as to form by the City Attorney, that he or she is insured against public liability in the limits of $300,000 for personal injury to each person, $500,000 for personal injury for each accident and $25,000 for property damage, which insurance shall be maintained in full force and effect during the period covered by the license. Such proof of insurance shall not be cancelable except on 10 days notice to the Chief of Police.

F. License not transferable. The owner's license issued hereunder shall not be transferable.

G. Vehicle fees. Upon the issuance of an owner's license or supplementary license, the fees shall be as set forth from time to time by the City Council.[1]

[Amended 12-27-1994; 5-27-1997 by L.L. No. 2-1997]

[1] Editor's Note: The fee schedule is on file in the City offices.

§ 259-11 Application to add vehicles.

A. Required information. Every owner licensed under § 259-10 who desires to add to the number of tow cars he or she is duly licensed to operate shall file a written application under oath with the Chief of Police, stating:

(1) The name and address of the applicant.

(2) The applicant-owner's license number.

(3) Any facts which the applicant believes tend to prove that the public convenience and necessity require such addition.

(4) A description of each such additional tow car, including the make, model and year of manufacture.

B. Determination by Chief of Police. If the Chief of Police shall find that public necessity warrants the addition of the tow car(s), then he or she shall issue a supplementary owner's license stating the name and address of the applicant; the number of the owner's operator's license, if any; the motor number(s) and New York State registration number(s) of the vehicle(s); the number of additional vehicles the owner is authorized to operate; the date of the issuance thereof; and, at the same time, a license medallion for each additional tow car in the form as provided in § 259-10 hereof; otherwise such application shall be denied.

§ 259-12 Application for addition or change of place of service.

A. Required information. Every owner licensed under this chapter who desires to add additional places of tow car service or who desires to transfer a place of tow car service shall file with the Chief of Police a written application under oath stating:

(1) The name and address of the applicant.

(2) The applicant owner's license number.

(3) Any facts which the applicant believes tend to prove that the public convenience and necessity require such additional places of tow car service or transfer of place of tow car service.

(4) The address of the additional place of tow car service or transfer of place of tow car service.

B. Determination by Chief of Police. If the Chief of Police shall find that the additional places or transfer of tow car service is in the public interest, then he or she shall issue written authorization setting forth the additional places or transfer, as the case may be, and the date thereof; otherwise such application shall be denied.

§ 259-13 License renewal.

Any license issued under this chapter 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 with the exception of any allegation as to public necessity.