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.
A.
Applicants for a restricted license or supplementary restricted license will be required to pay a nonrefundable fee as provided in Chapter 93, Fees, and will be limited to normal towing and will not be permitted at scenes of accidents.
B.
Applicants for an unrestricted or supplementary unrestricted license will be required to pay a nonrefundable fee as provided in Chapter 93, Fees, and will be allowed at accident scenes. The unrestricted licensee will qualify as provided below:
(1)
Licensee owns, operates and maintains a bona fide
terminal within the Town of North Hempstead or an incorporated village
within the area of the Town of North Hempstead.
(2)
Such terminal maintains twenty-four-hour service to
respond to emergency calls regarding motor vehicles.
(3)
The tow truck or trucks of such licensees are equipped
with a lifting boom or similar device in the rear of the truck, 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 and a shovel.
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.
A.
If the Village Clerk shall find that the tow car service is required by the public convenience and necessity and, from the statements contained in the application for a tow car owner's license, that the applicant is a fit person capable of properly conducting such tow car business and conforming to the provisions of this chapter, then the Village Clerk, upon the certification of each tow car proposed to be operated by the applicant pursuant to § 209-4 hereof and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant and the date of issuance thereof and the number of vehicles the applicant is authorized to operate, and, at the same time, the Village Clerk shall issue for each vehicle licensed hereunder a license bearing the words "licensed tow car," the assigned number and the year of issuance. Otherwise such application shall be denied.
B.
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 § 209-11 hereof, the Village Clerk shall cause to be published in a newspaper of general circulation a notice stating that 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 containing a statement that written arguments as to whether public convenience and necessity require the licensing of such vehicles must be filed with the Village Clerk on or before the date fixed therein, which date must be not less than eight days after the date of such publication. Any arguments so filed must be considered by the Village Clerk in making his or her findings as to public convenience and necessity.
C.
No license shall be issued to an owner who does not
maintain his or her principal place of business, including storage
facilities and terminal, within three miles of the village municipal
limits.
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.
A.
Every owner licensed under § 209-8 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 Village Clerk 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.
If the Village Clerk shall find that public necessity warrants the addition of the tow car(s), then the Clerk shall issue a supplementary owner's license stating the name and address of the applicant, the number of the owner's operator's license, 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 and the date of the issuance thereof and, at the same time, a license for each additional tow car in the form as provided in § 209-8 hereof. Otherwise such application shall be denied.
A.
Every owner licensed under this article 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 Village Clerk 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.
If the Village Clerk shall find that the additional
places or transfer of tow car service is in the public interest, then
the Clerk 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.
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.
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.
