[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 12-21-1988 as Ch. 125 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 132.
[Amended 4-11-2001 by L.L. No. 3-2001]
A.
No person, firm, corporation or other organization
shall be utilized to tow motor vehicles for the Village of Harriman
or the Village of Harriman Police Department unless the person, firm,
corporation or organization maintains an impoundment area and shall
have a valid towing license issued by the Village of Harriman.
B.
The impound area required in Subsection A shall have a capacity to store motor vehicles outside within a secured area surrounded by a fence with a minimum height of six feet as well as space to accommodate vehicles in an inside secured area.
C.
Tow truck operators from outside the Village of Harriman
may enter the Village of Harriman to remove a motor vehicle from any
garage without a license. Where a police officer on duty determines
an emergency exists and no licensed tow truck operator is available
or when a licensed tow truck operator's wrecker does not have the
capacity to handle the vehicle to be removed, then any tow truck operator
may be called.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
The driving of a wrecker to and fro along any Village road,
street or highway for the purpose of soliciting business in the Village.
A secured, fenced-in area as well as space capable of inside
storage for disabled vehicles, vehicles involved in accidents and/or
vehicles impounded by the Village of Harriman Police Department.
[Added 4-11-2001 by L.L. No. 3-2001]
Owned, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
corporation or other organization and the singular or plural, masculine,
feminine or neuter thereof, unless the contrary is clearly expressed.
A vehicle used for the purpose of towing, transporting or
otherwise removing any and all kinds of vehicles which are disabled
or abandoned.
Cruising, as defined herein, is prohibited within
the Village of Harriman.
Applications for licenses issued hereunder shall
be made upon forms prepared and made available by the Village Clerk
and shall state:
A.
The name, home address, telephone and proposed or
actual business address of the applicant and whether he is the owner,
lessee or bailee of the business and, if so, the same information
as to the owner.
B.
A description of the wrecker for which the license
is desired, including the year, make, model, type, serial number of
the body and motor capacity.
C.
The length of time for which the wrecker has been
in use as a wrecker.
D.
That the applicant has available space for properly
accommodating and protecting all disabled or abandoned motor vehicles
to be towed or otherwise removed from the place where they are disabled
or abandoned and that the disabled or abandoned vehicles will not
be stored or allowed to remain on public property or Village streets,
roads or highways or on property which is not zoned for storage.
E.
Any other information required by the Village Clerk
in order to comply with the intent of this chapter or any other law,
rule or regulations of the Village.
F.
That the applicant shall collect impound and storage
fees at the impoundment facility where the vehicle is stored.
[Added 4-11-2001 by L.L. No. 3-2001]
G.
The applicant will furnish other information which
the Chief of Police shall deem necessary to effectuate the purpose
of this chapter and to determine whether there has been compliance
with the terms hereof.
[Added 4-11-2001 by L.L. No. 3-2001]
[Amended 4-11-2001 by L.L. No. 3-2001]
The fee for a towing license shall be as set
forth in the Village Fee Schedule.[1] All fees shall be payable to the Village Clerk.
All licenses issued under this chapter shall
be issued to expire and shall expire on the 31st day of December next
succeeding the date of issuance, unless sooner suspended or revoked
by the Village Board of Trustees as hereinafter provided.
Within 14 days after receipt of an application
as herein provided, the Mayor or his delegate may cause an investigation
to be made of the applicant and of his proper business operation to
be licensed. Within 30 days after the submission of application, the
Mayor or his delegate shall complete the inspection, investigation
and recommendation, and the Village Clerk shall either approve or
deny the application.
The Village Clerk shall approve the issuance
of a license upon making the following findings:
A.
That the public convenience and necessity will be
served by the use of the wrecker for which application has been made.
B.
That the wrecker to be licensed is in a thoroughly
safe and sanitary condition.
C.
That the requirements of this chapter and all other
governing laws, statutes and ordinances have been met.
D.
That the wrecker has been properly licensed and inspected
by the State of New York and has the necessary stickers affixed. No
wrecker shall be licensed as a wrecker which is using dealer license
plates.
E.
That the insurance policies or certificates required
herein have been procured and supplied.
G.
That the applicant is capable of collecting impound
and storage fees at the impoundment facility where the vehicle is
stored.
[Added 4-11-2001 by L.L. No. 3-2001]
H.
That each applicant maintains a separate impoundment
facility for each corporation.
[Added 4-11-2001 by L.L. No. 3-2001]
I.
That each applicant's wrecker is only listed on one
application.
[Added 4-11-2001 by L.L. No. 3-2001]
Upon approval of the Village Clerk, upon receipt
of payment from the applicant of the proper license fee for each wrecker
license and upon receipt of insurance policies approved by the Village
Attorney, the Village Clerk shall issue a license dated in accordance
with the expiration date stated herein.
If the Village Clerk shall deny any application
for a license, such denial shall be in writing and state the reasons
therefor. Any applicant who shall be denied a license shall have the
right to appeal such denial to the Village Board of Trustees at its
next regular meeting. A decision of the Board of Trustees to approve
or deny such an application after an appeal to it shall be in writing
and entered into the Village Clerk's minutes. Such decision shall
be final.
A.
No wrecker shall be licensed hereunder nor shall any
licensed wrecker be operated within the Village unless there shall
be deposited with the Village Clerk the following insurance policies
or certificates of insurance, insuring the Village as follows:
(1)
Auto garagekeeper's policy: auto garagekeeper's legal
liability policy covering fire, theft and explosion in the minimum
amount of $10,000 and collision coverage, subject to a deductible
of $100, with each accident deemed a separate claim.
(2)
Auto garage legal liability policy: auto garage legal
liability policy covering the operation of the licensee's equipment
or wrecker or any bodily injury or property damage. This policy will
be in the amount of $100,000 per person and $300,000 per accident.
B.
Each policy herein must contain an endorsement providing
10 days' notice to the Village in the event of any material change
therein or intention to cancel said policy for any cause. In the event
that any policy is changed so as to fail to conform to any of the
above requirements or if any policy of insurance is to be canceled
for any reason, the Village Clerk shall notify the person responsible
for the policy, and it shall be corrected or reinstated or replaced
with a conforming policy within 10 days after the notice is received
by the Village, but before the date of cancellation. If the policy
or certificate is not corrected, reinstated or replaced within 10
days prior to the date of cancellation, the Village Clerk shall immediately
suspend the wrecker license and shall pick up from the owner all indications
of licensing, including any stickers, cards or other means of identification.
Charges for the transportation, hauling or services
of disabled or abandoned vehicles by any licensed wrecker or operator
of any licensed wrecker shall not exceed the rates approved from time
to time by the Village Board of Trustees by resolution.
No person shall drive a wrecker who is under
the age of 18 years and who has not in his possession a license duly
issued to him to operate a wrecker in the State of New York.
A wrecker license hereunder shall be issued
subject to the following conditions:
A.
The licensee shall prominently display the license
issued by the Village Clerk in the right front windshield of the wrecker.
B.
No licensee or his agents or servants shall solicit,
demand or receive from any persons any pay, commission or emolument
whatever, except the proper fee authorized for transporting the disabled
vehicle.
C.
Licensees, their agents and servants shall keep and
maintain towing equipment which is adequate to perform such towing
in a reasonably workmanlike manner.
D.
Each and every licensee hereunder shall record in
a book kept solely for such purpose the details of each disabled vehicle
towed, serviced or transported by him or his agents or servants or
employees, together with full information concerning the details surrounding
the hire, the name of the owner of the towed vehicle and of the patron
engaging him, which book shall be kept open for inspection at all
times to a duly authorized representative of the Village Police Department
or of the Village Board of Trustees.
The tow trucks of licensees shall be equipped
at all times with emergency flashing amber lights visible from front
and rear, a CO2 or dry-powder fire extinguisher
with a minimum capacity of 15 pounds, a carton containing at least
one dozen red railroad-type flares, a dolly and a shovel and a broom
for clearing the highway of debris, if any. All equipment shall be
maintained in good condition and in satisfactory working order.
A.
A licensee performing towing service for the Village
or called by a police officer shall perform on a rotating basis. When
the owner or driver of a disabled vehicle indicates a choice of a
specific licensee, that licensee shall be called, and no wrecker shall
be assigned from the rotating list. No licensee shall respond to the
scene of an accident except upon notification by the police officer
in charge in police headquarters or upon request of the driver or
owner of a disabled vehicle.
B.
Such additional rules and regulations regarding the
rotation of wreckers as they may be hereafter promulgated by the Village
Board of Trustees shall take effect immediately after service of a
copy thereof on holders of all licenses for wreckers in the Village.
Service upon a licensee may be made by sending, by ordinary mail,
a copy of the additional rules and regulations to said licensee's
business address.
[Amended 6-27-2006 by L.L. No. 2-2006]
A.
Motor vehicles not involved in accidents but which
are otherwise disabled and which are disrupting the flow of traffic
and whose owners do not otherwise request assistance from a licensee
or motor vehicles which are to be impounded for other reasons shall
be towed away by licensees from the nonaccident roster on a rotating
basis. All vehicles directed to be impounded by a police officer will
be towed to the place of impoundment designated by the police officer.
B.
During normal business hours, any person or entity
whose vehicle has been towed or impounded shall be permitted, subject
to approval of the Police Department and/or any prosecutorial agency,
to remove personal property from the vehicle.
A.
Except as to the prohibition against cruising, the
provisions of this chapter are applicable to the engaging of wreckers
by the Village Police Department either on its own initiative or at
the request of owners, drivers or lessees of vehicles requiring the
services of wreckers.
B.
Nothing in this chapter shall prevent the owner, lessee,
agent or driver of a vehicle which is disabled from calling a wrecker
of his choice to remove his vehicle.
The Village Police or Highway Department shall
have the power to require wreckers to remove vehicles where:
A.
There is obstruction of a public right-of-way or private
property.
B.
A vehicle has been vandalized or presents a fire or
safety hazard or an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
An abandoned vehicle is not licensed or operable.
E.
A vehicle is violating any lawful emergency no-parking
provisions.
F.
Any other condition where permitted or required by
law.
A licensee called to the scene of an accident,
if necessary, must sweep away or clean up any debris, but only if
he is provided with police protection against moving vehicles at the
scene.
A.
Any license issued hereunder may be suspended by the
Village Board of Trustees if the licensee thereof shall violate any
provision of this chapter, any rule or regulation adopted hereunder
or any local law of the Village or if the licensee is convicted of
the violation of any traffic law, ordinance or regulation of the State
of New York or of any municipality of the State of New York or of
any crime or is guilty of making a false statement or misrepresentation
in his application. Any license issued hereunder shall be suspended
by the Village Board if the holder thereof shall be convicted of the
commission of any crime or offense.
B.
No license shall be either suspended or revoked by
the Village Board of Trustees hereunder without a public hearing thereon,
held not less than 15 days after written notice thereof shall have
been given to the licensee, either in person or by certified mail,
addressed to the licensee at the address shown upon the most recent
application of said licensee.
A.
Date, time and place. Whenever it shall be provided
herein that a hearing shall be held, such hearing shall be held on
a date and at a place and hour designated by the Village Board of
Trustees.
B.
Notice. The Village Clerk shall give notice thereof,
stating the name and address of the applicant or licensee concerned,
the subject matter of the hearing and the date, place and hour thereof
designated therefor, by mailing a copy thereof to the applicant or
licensee concerned at the address shown upon the most recent application
of such applicant or licensee at least 15 days before such hearing.
C.
Rights of parties. Upon any hearing, the applicant
or licensee involved shall be entitled to be represented by legal
counsel and to present such competent and material testimony or other
evidence in his own behalf as may be relevant to the subject matter
of the hearing.
D.
Examination of witnesses. All witnesses shall be sworn
and examined under oath.
[Amended 4-11-2001 by L.L. No. 3-2001]
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $250 or by imprisonment for a period not to exceed 15 days,
or by both such fine and imprisonment, and each violation of any of
the provisions of this chapter and each day there is a violation thereof
shall be deemed and taken to be a separate and distinct offense. In
addition, the Village Board, after a hearing, may revoke or suspend
any license issued hereunder or may refuse to renew any license previously
issued hereunder for violation of any of the provisions of this chapter.
