[HISTORY: Adopted by the Board of Trustees of the Village of Highland
Falls 6-12-1979 by L.L. No. 1-1979 (Ch.
104 of the 1971 Code). Amendments noted where applicable.]
This chapter is entitled the "Towing Regulations Local Law of the Village
of Highland Falls."
No person, firm or corporation shall operate for hire a truck or other
type of motor vehicle designed and able to provide road service and tow other
motor vehicles within the Village of Highland Falls unless a license therefor
shall first have been obtained from the Clerk of the Village of Highland Falls
as hereinafter provided. However, tow truck operators doing business and based
from outside the Village of Highland Falls may enter the Village of Highland
Falls without a license to remove a motor vehicle from any garage, private
residence or any street by permission of the owner.
No such license shall be issued unless an affidavit of application therefor
has been filed with the Village Clerk by the applicant, duly sworn to by said
applicant before a duly licensed notary public of the State of New York, and
thereafter approved. The application shall include the following information:
A.
The name and business address of the applicant and, if
a natural person, his age and residence address.
B.
The registration number of the tow truck to be operated
and the New York State repair garage license number.
C.
The amount of liability insurance for personal injury
and property damage on said tow truck; the name of the insurance company,
which must be licensed to do business in the State of New York; and the policy
number. The limits shall be not less than $100,000 for each person and $300,000
for each occurrence and not less than $10,000 for property damage.
D.
A certificate of insurance shall be provided which requires
notice to the Village in the event of cancellation or nonrenewal.
No such license shall be issued unless the applicant agrees to charge
reasonable rates for towing within the Village of Highland Falls.
No such license shall be issued unless the applicant agrees to charge
no more than reasonable rates for road service, regardless of distance, within
the Village of Highland Falls.
Every license issued pursuant to this chapter shall expire on the 20th
day of January following the issuance thereof, and no such license is transferable
from one operator or another nor from one truck to another without the prior
consent of the Village Board.
[Amended 6-16-1987 by L.L. No. 6-1987]
The annual license fee for 12 months or part thereof, payable to the
Village Clerk, for each such license or renewal thereof, which license may
cover all tow truck or trucks owned and listed by a licensee, shall be established
by resolution of the Board of Trustees.
On each side of every tow truck for which a license has been granted,
there shall be legibly inscribed, in letters not less than three inches high,
the name and address of the owner of such tow truck or the person, firm or
corporation having the license number assigned to such tow truck by the Village
Clerk and the license number posted in cab.
A.
Each person, firm or corporation operating a tow truck
business in the Village of Highland Falls may obtain a license for all tow
trucks it desires to operate, provided that such person, firm or corporation
abides by the regulations set forth herein. No individual truck may be licensed
by more than one applicant.
B.
No vehicle shall be licensed under this chapter unless
the vehicle to be licensed is properly registered and inspected as required
by the Vehicle and Traffic Law of the State of New York and unless the address
at which it is registered is the place of business within the Village of Highland
Falls of the applicant.
A.
It shall be unlawful for any person, firm or corporation
to service or tow away motor vehicles which have been involved in an accident
without the prior consent of the owner or operator or the police officer at
the scene of the accident. No motor vehicle shall be serviced at or removed
from the scene of an accident where the police officer requires or requests
that an examination be made of the damaged vehicles to determine whether the
vehicle was defective or where the police officer requires that photographs
and/or diagrams of the scene be made. It shall be unlawful for any licensed
operator to move, remove or tow away any motor vehicle involved in an accident
without the licensed operator first notifying the police agency having jurisdiction
of the motor vehicle accident and obtaining its approval to move or remove
said vehicle(s) involved in any such accident.
B.
All licensees engaged in towing and storing vehicles shall have a garage keeper's legal liability policy to cover fire, theft and property damage that will cover any vehicle towed, impounded or stored and will keep such policy in effect throughout their license period and insurance limits not less than in § 217-3C.
C.
All firms called upon to impound a vehicle for the Village
of Highland Falls Police Department must store the vehicle within the Town
of Highlands unless directed otherwise by a member of the Police Department.
D.
When called to the scene of an accident, the licensed
firm shall be responsible for removing debris from the roadway, such as glass,
metal fragments, etc., leaving the roadway free from such debris.
The licensed firm shall be responsible for the collection of all fees
for service, towing or storage of any vehicle. Neither the Village of Highland
Falls nor any of its agencies or employees shall act as agent for the collection
of any fees, nor shall they be held responsible in the event of nonpayment
of any moneys due to any licensed firm as a result of services performed in
accordance with this chapter. All licensed tow operators are authorized to
collect reasonable fee in the event that the Village requests towing or impounding.
A.
It shall be unlawful for any person, firm or corporation
to drive along any public street or highway within the Village of Highland
Falls for the purpose of soliciting towing and/or repair work.
B.
It shall be unlawful for any person, firm or corporation
to solicit towing or repair work at the scene of any motor vehicle accident
on private property or on a public highway within the Village of Highland
Falls.
C.
The stopping of any tow truck or service truck within
500 feet of the scene of any accident or disabled vehicle on any public street
or highway in the Village of Highland Falls without the prior authorization
of the operator of the vehicle, owner of the vehicle, a member of the Village
of Highland Falls Police Department or a member of the New York State Police
shall be presumptive evidence of the intent of the operator of a tow truck
or service truck to solicit towing or repair work, except if an owner flags
down a passing tow or service truck.
D.
"Cruising" shall be defined as the driving along the
public highways or roadways solely for the purpose of soliciting towing or
repair work, without having been first called or otherwise requested to provide
service. Cruising for the purpose of solicitation of towing or repair work
shall be unlawful.
A.
The communications dispatcher shall maintain a rotating
list of all licensed tow truck establishments. When a motor vehicle is in
the need of service, the owner or operator may specify the licensed tow operator
to be called. Village and Town police shall each establish a list of tow truck
operators. Any licensed tow operator shall be listed upon request. Calls to
the communications dispatcher for towing assistance shall be referred to the
firm requested by the owner or operator of the vehicle needing assistance.
If no such firm is specified as the choice of the owner or operator, such
calls shall be referred to the tow truck firm next on the list. If such firm
is not available, the next name on said list shall be called. A call referred
to a licensed tow operator at the specific request of the owner or operator
shall not affect said firm's entitlement to receive calls on the rotating
list.
B.
In the event that a firm called for towing or service
assistance is unable or fails to arrive at the location where assistance is
requested within 15 minutes commencing from the time the firm is notified,
the next firm shall be called, and the first firm called shall not be entitled
to any compensation.
C.
The Chief of Police or his designated representative
shall cause to be inspected each licensee's place of business and licensed
vehicle(s) not less than but not limited to twice each year. In the event
that the licensed firm fails to comply with the provisions herein contained,
the Chief of Police shall suspend the licensed firm from the list of licensed
firms maintained at the Police Department and so notify the Village Board
in writing. The licensed firm shall remain suspended until all violations
are corrected. Said firm shall be entitled, upon request within seven days,
to a public hearing before the Village Board to review and approve or terminate
said suspension.
The Village Board may in each case, after a public hearing, either deny
a license to any applicant whom the Board shall determine to be an undesirable
person or incapable of properly conducting a road service or tow truck business
or revoke the license or licenses of any licensee whom the Board shall determine
has violated the provisions of this chapter.
The specific dollar amounts established herein for liability insurance
requirements and license fees are subject to change by local law or resolution
of the Village Board.
A.
Each wrecker or service truck shall be equipped with
an amber rotating light mounted at the top of the cab of such vehicle and
shall be of a type that contains at least two sealed beam bulbs and is visible
360° for a distance of not less than 500 feet under normal atmospheric
conditions or equal lighting equipment.
B.
Each wrecker or service truck shall be equipped with
two flashing red lights (four-way flashers) so mounted as to show the width
of the vehicle from the rear. Said lights shall be visible for a distance
of not less than 500 feet under normal atmospheric conditions.
C.
Each wrecker shall be equipped with two flashing lights
so mounted so as to show the height of the boom from the rear. Said lights
shall be visible for a distance of at least 500 feet under normal atmospheric
conditions.
D.
Each wrecker or service truck shall be equipped with
not less than 12 thirty-minute burning-type flares and three reflector-type
flares.
E.
Each wrecker or service truck shall be equipped with
a fire extinguisher, the minimum rating of which shall be at least 10 pounds
ABC.
F.
Each wrecker shall be equipped with hoisting equipment
of sufficient capacity to perform the service intended. The hoisting equipment
of each wrecker shall be securely mounted to the frame of such vehicle. The
winch of such hoisting equipment shall contain not less than 100 feet of three-eighths-inch
steel strand cable; said cable shall be one continuous length and shall be
free of breaks, splits or knots.
G.
Each wrecker or service truck shall be equipped with
a broom, shovel and a crowbar.
H.
Each licensee shall be equipped with dolly wheels.
I.
All wrecker or service trucks shall meet all of the requirements
of the Vehicle and Traffic Law for such vehicles.
A.
Any person or entity violating any of the provisions
of this chapter shall be guilty of an offense.
B.
Any person or entity committing an offense against any
provision of this chapter shall, upon conviction therefor, be subject to a
fine not to exceed $50 for the first offense.
C.
Any person or entity committing an offense hereunder
within six months of his or its conviction of any prior offense hereunder
shall be fined not less than $50 nor more than $1,000 and/or shall have his
or its license suspended for a period of 60 days.
D.
Any person or entity committing an offense hereunder
within 12 months of his or its conviction of more than one other offense hereunder
shall be fined not less than $500 and shall have his or its license suspended
for a period of 120 days.
E.
Any person or entity operating a tow truck as defined in § 217-2 in violation of any of the provisions herein shall be guilty of an offense which, upon conviction therefor, will subject said person or entity to a fine of not less than $100 nor more than $1,000, as well as to a term of imprisonment of not more than 60 days, or both.
If this chapter is adopted in identical form by the Town of Highlands,
then:
A.
A tow operator with a principal office or place of business
in the Town of Highlands outside the Village shall apply for a license hereunder
to the Town of Highlands; a tow operator with a principal office or place
of business in the Village of Highland Falls shall apply to said Village;
and such license shall be deemed valid for both the Town of Highlands outside
the Village and the Village of Highland Falls.
B.
This provision shall be effective if and only so long
as said two municipalities have identical chapters containing all these provisions.
If the police agency directs a licensed tow operator to tow and impound a motor vehicle, such operator shall provide the facilities to store said vehicle. In case of impounds, no charge for storage shall be made in excess of an amount set from time to time by resolution of the Board of Trustees. The operator shall provide liability insurance covering said stored vehicles in amounts not less than in § 217-3C, and said policy shall name the Town of Highlands as an additional insured.
