The Chief of Police shall keep a record of:
A.
The name and address of each person to whom a tow
car owner's license has been issued under this chapter showing the
date and number of such license and all renewals, suspensions and
revocations thereof.
B.
A record of each tow car licensed hereunder stating
the make, model, year of manufacture, New York State registration
number and motor number thereof, and the name and address of the person
owning said tow car.
C.
A record of each driver's license issued hereunder
showing the name and address of such driver, his or her New York State
operator's license number, his or her driver's license issued hereunder
and the date of issuance of such driver's license.
A.
Grounds; hearing required.
(1)
Any license issued under this chapter may be suspended
or revoked for a period to be determined by the Chief of Police if
the holder thereof shall violate any provision of this chapter or
any rule or regulation adopted hereunder, or of any provision of the
Code of the City of Glen Cove or be convicted of a violation of any
provision of the Vehicle and Traffic Law of the State of New York,
except parking violations; any law, rule or regulation of the State
of New York or of any municipality of the State of New York; or of
any crime; or be guilty of making a false statement or misrepresentation
in his or her application.
(2)
A license issued under this chapter shall not be suspended
or revoked by the Chief of Police without a hearing having been held
thereupon not less than 20 business days after written notice thereof
shall have been given to the licensee, either in person or by registered
mail.
B.
Temporary suspension. The Chief of Police, upon receiving
information giving him or her reasonable cause to believe that the
holder of any license issued hereunder has violated any provision
of this chapter or has been convicted of any violation referred to
in this section, or is guilty of having made a false statement or
misrepresentation in his or her application, may temporarily suspend
forthwith such license until such time as a hearing is held by the
Chief of Police as provided hereinabove and the Chief of Police shall
have rendered his or her determination thereof.
C.
Additional grounds for suspension and revocation.
Violation of the following prohibition shall be a ground upon which
the Chief of Police may temporarily suspend any towing license subject
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 of a disabled 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.
Any applicant who shall have been denied a license
under this chapter by the Chief of Police or who shall have been issued
a license by the Chief of Police for less tow cars than the number
for which application was made or whose license has been suspended
or revoked by the Chief of Police may, in addition to whatever recourse
available, apply to the City Council for a review of the action by
the Chief of Police as hereinafter provided.
A.
Forms; contents. The application to review the determination
of the Chief of Police shall be in writing, signed and verified by
the applicant, and shall state his or her reasons for claiming that
the determination of the Chief of Police was erroneous.
B.
Time limit on application. The application for such
review must be filed with the Chief of Police within 20 days of the
receipt by the applicant, either by mail or in person, of the denial
by the Chief of Police.
C.
Time limit on holding hearing. Upon the filing of
such application to review, the City Council shall hold a hearing
thereon within 30 days from the filing of the application referred
to above pursuant to the provisions hereinafter set forth.
A.
Time and place. Any hearing held by the City Council pursuant to this chapter shall be held on a date and at a place and hour designated by the City Council, but in no event later than the time specified in § 259-30C.
B.
Notice by City Clerk. The City 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 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 10
days before such hearing.
C.
Scope of review. At such hearing the City Council
shall consider the application before the Chief of Police in relation
to his or her determination and, in its discretion, may receive new
or additional evidence in support of or in opposition to the determination
under review.
D.
Right to counsel. The applicant or license holder
involved shall be entitled to be represented by legal counsel and
to present such competent and material testimony or other evidence
in his or her own behalf as may be relevant to the subject matter
of the hearing.
E.
Witnesses. All witnesses shall be sworn and examined
under oath.
The City Council, after such hearing, may grant,
refuse or revoke such license. The decision of the Council shall be
subject to review pursuant to Article 78 of the Civil Practice Law
and Rules.
Licensed tow car owners and drivers, when required,
shall answer all communications received from the Chief of Police.
It shall be unlawful for any owner or driver
to refuse to surrender a license or licenses to the Chief of Police
upon demand after such license or licenses have been suspended, revoked
or expired.
The Chief of Police shall have the power to
prescribe reasonable rules and regulations for the proper and efficient
administration and enforcement of this chapter.
