Any applicant who shall have been denied a license
under this chapter by the Village Clerk or who shall have been issued
a license by the Village Clerk for fewer tow cars than the number
for which application was made or whose license has been suspended
or revoked by the Village Clerk may, in addition to whatever other
legal recourse is available, apply to the Village Board for a review
of the action by the Village Clerk as hereinafter provided.
A.
The application to review the Village Clerk's determination
shall be in writing, signed and verified by the applicant, and shall
state his or her reasons for claiming that the Village Clerk's determination
was erroneous.
B.
The application for such review must be filed with
the Village Clerk within 20 days of the service upon the applicant,
either by mail or in person, of the denial by the Village Clerk.
C.
Upon the filing of such application to review, the
Village Board 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.
Whenever it shall be provided herein that a hearing may be held by the Village Board, such hearing shall be held on a date and at a place and hour designated by the Village Board, but in no event shall this date exceed 45 days from the date of filing of the application referred to in § 209-25.
B.
The Village 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 license holder at least 10 days before such hearing.
C.
At such hearing the Village Board shall consider the
application before the Village Clerk 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.
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.
All witnesses may be sworn and examined under oath
upon the direction of the Board.
The Village Board, after such hearing, may grant,
refuse or revoke such license.
Upon the issuance of a license or supplementary license, the vehicle fees shall be as provided in Chapter 93, Fees.
A.
Any tow car owner whose principal place of business, including storage facilities and terminal, is within three miles of the village municipal limits and who has obtained valid tow car licenses as set forth herein from a municipality within the County of Nassau which grants the same privileges and pursuant to the same restrictions as set forth in § 209-2 herein to tow car owners licensed by the Village of Williston Park shall be exempt from the fee provisions set forth herein and shall pay the filing fee as provided in Chapter 93, Fees.[1]
B.
Upon payment of the above fee and issuance of said
unrestricted reciprocal license, a tow car owner is entitled to be
placed on the towing list of the Village of Williston Park.
The Village Clerk shall keep a record of 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,
and 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 and 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.
Every vehicle operated within the village as
a tow car shall be kept mechanically fit, of good appearance and in
a good, safe condition for towing.
The Village Clerk shall establish reasonable
rules and regulations for the inspection of tow cars operated upon
the streets of the village.
A.
Any license issued hereunder may be suspended or revoked
for a period to be determined by the Village Clerk if the holder thereof
shall violate any provision of this chapter or any rule or regulation
adopted hereunder or of any local law or ordinance of the village
or be convicted of the violation of the Vehicle and Traffic Law of
the State of New York, except parking violations, any ordinance 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. A license hereunder
shall not be suspended or revoked by the Village Clerk without a hearing
having been held thereupon not less than two business days after written
notice thereof shall have been given to the licensee, either in person
or by registered mail.
B.
The Village Clerk, 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 Village Clerk as provided
hereinabove and the Village Clerk shall have rendered his or her determination
thereon.
C.
Violation of the following prohibition shall be a
ground upon which the Village Clerk may suspend any towing license
pursuant to final disposition in the matter 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.
Each tow car operated hereunder shall have inscribed
on the outside of each front door the trade name and terminal address
of the owner in letters not less than two inches in height, either
painted or otherwise securely affixed. The medallion shall be affixed
to the left front door or in a conspicuous place adjacent to the front
door.
A tow car owner shall have legibly inscribed
on each side of the tow car, in letters and numerals not less than
1 1/2 inches in height, the lawful towing rates, except that the Village
Clerk may waive this provision upon the determination that this provision
is in conflict with requirements of other state or municipal authorities.
A.
Towing charges. The charges for towing shall be based
solely upon the distance the motor vehicle is to be towed and not
estimated or based upon the availability of tow cars. Towing charges
shall be at the rate of not more than $25 for the first three miles
or part thereof and not more than $1.75 for each additional mile or
part thereof.
B.
Storage charges. Outside storage charges shall be
at the rate of not more than $2.50 for each 24 hours or part thereof
for the first seven days and not more than $5 per day thereafter.
Inside storage rates may be determined by written agreement between
the parties. All vehicles must be stored on the premises of the licensee,
whether indoors or outdoors, and shall not be permitted on any public
highway.
C.
Labor charges. It shall be lawful and proper to charge
the following additional labor charges:
(1)
A charge not exceeding $20 for the use of dollies
or a flatbed truck only when the same is required due to the condition
of the vehicle to be towed.
(2)
A charge not exceeding $10 per half hour or part thereof
when the use of special skills is required to right an overturned
vehicle or remove it from an off-the-road location.
D.
The maximum towing and storage charges set forth in
this section shall not apply to:
No fee shall be charged either directly or indirectly
for making an estimate for repairs on any motor vehicle involved in
an accident or otherwise disabled without the prior written consent
of the owner of the disabled vehicle. The agreement form for repairs
required hereunder must be in substantially the following form:
|
Agreement for Repairs
| |
|
It is hereby agreed between __________________________________________
| |
|
(insert name and address of owner or person
in charge authorized to enter agreement) and ____________________________________________________________
| |
|
_________________________________________ (insert
name, address, telephone number and license number of tow car of licensee
or repairer) that _____________________________ (owner or person in
charge) agrees to pay the sum of $ __________ to _____________________
(repairer) who in consideration thereof agrees to repair a _______________________
(year, make and type of automobile), New York State Registration No.
___________, which was involved in an accident or otherwise disabled
and removed by a tow car.
| |
|
Dated at _______________ this __________ day
of __________ ____.
| |
|
______________________
| |
|
Licensee
| |
|
_______________________________________________________________
| |
|
(Owner)
|
(Person in charge)
|
Except as provided in § 209-39, no motor vehicles shall be towed without an authorization, on a form prescribed by the Village Clerk, signed by the owner of the vehicle or other person in charge thereof. Such authorization shall be for the towing, labor and storage of the vehicle only and shall show the rates to be charged for towing, labor and storing said vehicle. Such signed authorization shall be retained for a period of six months and shall be exhibited upon demand to an official of the village or any member of the Nassau County Police Department or other police department. The towing authorization required hereunder must be in substantially the following form:
|
Towing Authorization
| |
|
(insert name, address and phone number of licensed
towing company)
| |
|
Date ___________________
| |
|
Name ________________________________
| |
|
Address ______________________________
| |
|
City
|
Town
|
|
Make & Type of Car ________________________
Year _____________
| |
|
State Registration No. _________________
| |
|
Towed From __________________________ To __________________
| |
|
Towing Charges __________________ (amount shown
on filed schedule, not to exceed $25 for the first three miles or
part thereof; each additional mile or part thereof $1.75)
| |
|
Storage Charges _________________________ (amount
shown on filed schedule, not to exceed $2.50 for each 24 hours or
part thereof for the first seven days and $5 per day thereafter; inside
storage additional)
| |
|
Labor Charges _________________
| |
|
Tow Car Driver's Name ________________
| |
|
Address ___________________
| |
|
License Number __________________
| |
|
Tow Car's Medallion Number __________________
| |
|
State Registration ___________________
| |
|
I authorize the towing of the above automobile.
| |
|
_______________________
| |
|
Signature of Owner or
| |
|
Person in Charge
| |
No motor vehicle which is parked on private
property without authorization of the property owner shall be towed
therefrom unless the following conditions are met:
A.
The property owner or his or her authorized agent
shall file with the police precinct having jurisdiction a copy of
a written agreement authorizing one or more tow cars to tow unauthorized
parked cars.
B.
The property owner shall post in a conspicuous place
or places and at all entrances signs stating that unauthorized cars
will be towed at the owner's expense and stating where the vehicle
can be recovered.
C.
The authorized tow car owner shall tow unauthorized.
parked cars only upon the direction of the property owner or his or
her authorized agent.
D.
The tow car owner shall notify or cause to be notified
the police precinct having jurisdiction of the towing of an unauthorized
parked car and the location to which it is being towed.
A.
The owner of a tow car shall have prepared a pad of
prenumbered bills containing a printed billhead showing the name and
address of his or her place of business. The operator of a tow car
shall prepare a bill on this billhead form, in duplicate, the original
of which shall be furnished to the owner of the motor vehicle or his
or her authorized representative. This bill must be printed in a form
approved by the Village Clerk and shall contain the following information:
(1)
Full name and address of person engaging tow car.
(2)
State registration number of the motor vehicle.
(3)
Total amount to be charged for towing, labor and storage
rate per 24 hours or part thereof.
(4)
Full name and address of operator of tow car.
(5)
State registration number of tow car.
(6)
Tow car license number.
B.
The duplicate of the bill shall be retained by the
tow car owner for a period of one year. These bills shall be exhibited
upon demand of any official of the village or any member of the Nassau
County Police Department. Upon payment of the bill given to the owner
of the motor vehicle or his or her authorized representative, the
licensee shall acknowledge receipt of payment of such bill.
A licensed tow car driver shall:
A.
Have his or her identification card in good condition
in his or her possession at all times while engaged in his or her
occupation as a tow car driver, and a tow car driver, while so engaged,
shall also be in possession of his or her operator's license.
B.
Not permit any other person to use his or her identification
card.
C.
Not be engaged on an unlicensed tow car or on a tow
car the license for which has been suspended or revoked.
D.
Promptly report the loss of his or her identification
card to the Village Clerk.
E.
Report change of address to the Village Clerk within
48 hours.
F.
Have with him or her at all times, while engaged in
his or her occupation of tow car driver, properly authorized forms
for towing and repair, such forms to be printed and maintained by
tow car owners.
Each tow car driver at the scene of an accident
shall:
A.
Exhibit his or her identification card to the owner
of the disabled vehicle or any member of the Nassau County Police
Department or a designated representative of the Village Clerk's office.
B.
Not remove any vehicle from the scene of an accident
until proper authorization has been signed by the owner of the disabled
vehicle or person in charge thereof or ordered by a police officer.
C.
Not remove any vehicle involved in an accident in
which a person has been injured until released by a duly authorized
member of the Police Department having jurisdiction at the scene of
said accident.
Every tow car driver shall obey all traffic
laws, ordinances, local laws, rules and regulations while operating
a tow car and, upon his or her conviction for any violation of any
such ordinance, shall report the same within three days to the Village
Clerk, advising him or her of the nature of the offense charged and
the name and the location of the court. The reporting requirement
set forth herein shall not apply to parking violations.
It shall be unlawful for any person to drive
along any street or bridge in the Village of Williston Park and actively
solicit towing work. Solicitation of towing work by the operator or
other occupant of a tow car while parked or standing on any street
or bridge is also prohibited. A tow car operator shall not stop, stand
or park at the scene of an accident involving one or more vehicles
without having been requested or notified to do so by the owner of
the disabled vehicle or his or her authorized representative or the
police. Responding to a call merely upon notification from gas station
attendants, taxicab drivers or other unauthorized persons shall be
considered in violation of this provision.
A police officer present at the scene of an
accident will present a list of authorized tow car operators to the
owner or driver of any disabled motor vehicle, provided that such
person is physically able and capable of making such choice of services,
and said owner or driver shall have the right to require the services
of any available licensed tow car and it shall be unlawful for any
owner or driver of any licensed tow car to refuse to render such services
if such owner or driver of such disabled motor vehicle is able and
willing to pay the fee prescribed as set forth herein; provided, however,
that it is physically possible for such tow car to tow such disabled
motor vehicle and that such tow car is not already going to or returning
from a job.
Licensed tow car owners and drivers, when required,
will answer all communications received from the Village Clerk.
It shall be unlawful for any owner or driver
to refuse to surrender a license or licenses to the Village Clerk
upon demand after such license or licenses have been suspended, revoked
or expired.
It shall be unlawful for any person to demand
or receive any payment in excess of the maximum charges permitted
by this chapter.
A.
It shall be unlawful for any tow car owner or driver or any other person to make repairs or to charge a fee directly or indirectly for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled without entering into a signed agreement with the owner or other person in charge of said disabled motor vehicle fixing the cost on a form prescribed by § 209-37.
B.
It shall be unlawful for any owner, driver or any
other person to enter into an agreement for the repair or for the
estimate for repairs where the owner or person in charge of the motor
vehicle involved in an accident is to be hospitalized because of such
accident until the expiration of at least 24 hours from the time of
such accident, unless the injured person has, before the expiration
of said time, been discharged from the hospital.
Every unrestricted licensed tow car owner shall
maintain for one year a bound record book of all calls for towing
services at the scene of an accident available for inspection by the
police or office of the Village Clerk. Entries in this book shall
be made in ink, at the time the call is received, and shall specify:
Every owner, upon the sale or other disposition
of a licensed tow car, shall, within 24 hours, notify the Village
Clerk of such sale or other disposition and surrender the license
or licenses and medallion.
Nothing contained herein shall prevent or prohibit an owner of a disabled vehicle from requesting and utilizing a specific tow car company known to him or her before the disability, whether licensed or unlicensed hereunder, to remove his or her vehicle from the scene of the accident or disability, provided that the tow company so engaged did not violate the provisions of § 209-44 herein.
The Village Clerk shall have the power to prescribe
reasonable rules and regulations for the proper and efficient administration
and enforcement of this chapter.
