It shall be unlawful for any person to operate
any tow car owned or controlled by him or her or to permit the same
to be operated within the enforcement jurisdiction of the Village
of Williston Park without first having obtained and then having in
force an owner's license therefor as hereinafter provided.
Every license issued hereunder shall expire
on the 31st day of December of the year of its issuance, unless sooner
revoked by the Village Clerk, as hereinafter provided.
Every person who desires to operate a tow car
or tow cars owned by him or her within the Village of Williston Park
shall file with the Village Clerk a written application upon forms
to be furnished by the Village Clerk, verified under oath, stating:
A. The name and address of the applicant and 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 each officer.
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 the applicant wishes his or her name to appear
on the village tow car list, as detailed below.
I. Any other relevant information which the Village Clerk
may require.
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, and such pictures must be in a true likeness
of the applicant and must show the neck, shoulders and uncovered head;
and
B. Be fingerprinted under the direction and supervision
of the Town Clerk.
Upon receipt of any application, the Village
Clerk may refer the same to any authorized investigative agency for
whatever investigation it shall deem necessary or advisable and report
thereon.
In making the findings required by §
209-8 hereof, the Village Clerk shall take into consideration the number of tow cars already in operation in the village, whether existing tow car service is adequate to meet the public need, the probable effect of additional tow cars on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
The Village Clerk may, in his or her discretion, before the issuance of a license under §
209-8, 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 hold a hearing upon such application as hereinafter provided.
Any license issued under this article 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 article for original
applications, with the exception of any allegation as to public necessity.
No license shall be issued or renewed under this article which shall permit the use of any vehicle as a tow car unless and until it has been inspected and certified by the Village Clerk or his or her representative as conforming to the requirements of §§
209-31 and
209-32 hereof.
Before the issuance to the applicant of a license
under this article, each applicant shall file with the Village Clerk
evidence 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 force during the period covered
by the license.
The owner's license issued hereunder shall not
be transferable.