A.Â
When any vehicle is parked or abandoned on any highway
or public parking lot within this Village during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway or parking lot upon which said vehicle is parked or abandoned,
said vehicle may be removed by or under the direction of any police
officer of the Village.
B.Â
When any vehicle is found unattended on any highway
or public parking lot within the Village where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by or under
the direction of any police officer of the Village.
C.Â
Any person found guilty of violating any provision
of this section shall be faced with a fine not to exceed $250.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
After removal of any vehicle as provided in
this article, the Police Department may store or cause such vehicle
to be stored in a suitable place at the expense of the owner. Such
owner or person in charge of the vehicle may redeem the same upon
payment to the person with whom stored of the amount of all expenses
actually and necessarily incurred in effecting such removal and storage,
such storage charges not to exceed $100 per day or fraction thereof.
It shall be the duty of the Police Department
to ascertain to the extent possible the owner of the vehicle or the
person having the same in charge and to notify him of the removal
and disposition of such vehicle and of the amount which will be required
to redeem the same. Said Department shall also without delay report
the removal and disposition of any vehicle removed as provided in
this article to the Village Clerk.
[Added 3-2-2010 by L.L. No. 1-2010]
The Village Board is hereby authorized to establish a list of
persons or businesses to be used on a rotating basis by the Village
of Yorkville Police Department whenever towing and/or wrecking services
are called upon by the said Department.
[Added 3-2-2010 by L.L. No. 1-2010]
A.Â
All towing services shall provide and maintain facilities for secure
storage of towed vehicles.
B.Â
The towing service shall be available for assignment on a twenty-four-hour-per-day,
per-week basis.
C.Â
The towing service must be able to arrive at the location in which
its service is needed within 20 minutes from the time it was first
called.
D.Â
The towing service operator shall own, maintain and equip its towing
vehicle(s) in accordance with the laws of the State of New York and
such additional requirements as may be prescribed by the Village Board.
No towing service shall lease or sublease its towing vehicle for purposes
of this article.
E.Â
Any person removing a vehicle from a highway shall retrieve any glass
or other injurious substance dropped upon the highway from such vehicle
at no cost to the customer.
F.Â
All towing service operators must have a certificate of insurance
coverage that will consist of a minimum of $100,000 for bodily injury
for each person, $300,000 for bodily injury per occurrence, and $50,000
for property damage for each occurrence.
G.Â
All towing service operators will keep a logbook in their office
listing the date and time the vehicle was picked up, the location
from where the vehicle was towed, the make, model, vehicle color,
and the license plate number. The logbook will be subject to inspection
by any police officer or the Police Commissioner.
H.Â
The tow operator shall also provide extra services upon request,
to include winch outs, lockout service, and removal of off-road vehicles
such as ATVs, snowmobiles, or motorcycles.
I.Â
Towing services will notify the Yorkville police, in writing, of
any towed vehicle left unclaimed for more than 48 hours after notification
by police of the registered owner of said vehicle.
J.Â
Towing services shall agree to indemnify and hold harmless the Village
of Yorkville from any claim or liabilities which occur as a result
of performing towing or wrecker services at the request of the Village
of Yorkville.
K.Â
Upon request for a rotation tow service, the service next on rotation
must be the service to respond. Other tow services, whether on the
rotation list or not, cannot respond in the place of the next-on-rotation
service. In the event the tow service on the rotation cannot respond
to the call, then the next on the list shall be called to respond,
and so forth until a tow service does respond to the call.
L.Â
Storage
and charges. After removal of any vehicle as provided in this chapter,
the vehicle will be stored in a suitable location. Towing and storage
charges will be at the expense of the owner. Such person in charge
of said vehicle may redeem same upon payment to the tow service of
the amount of all expenses actually and necessarily incurred. In effecting
such tow and storage, standard tow charge shall not exceed $125. If
a flatbed tow is required, the tow charge shall not exceed $150. Storage
charges shall not exceed $25 per day and the first 12 hours of storage
shall be at no charge. These fees may be modified by resolution of
the Board of Trustees as deemed necessary by the Board.
[Added 12-7-2021 by L.L. No. 10-2021]
[Added 3-2-2010 by L.L. No. 1-2010]
It shall be unlawful for any person operating a tow truck wrecker
within the corporate limits of the Village of Yorkville or any agent
working on behalf of such operator to be within 1,000 feet of any
accident or cause any wrecker to approach nearer than 1,000 feet to
the scene of any accident of any automobile or other vehicle within
the corporate limits of said Village until the Police Department has
had an opportunity to investigate said accident and has directed and
authorized such person(s) and/or wrecker to approach within said prohibited
distance.
[Added 3-2-2010 by L.L. No. 1-2010]
A.Â
Applications can be obtained from the Yorkville Village Clerk. After
completion, the application is to be submitted to the Village Clerk,
containing all the information required. The applications are valid
for one calendar year. There shall be no more than five towing services
participating on the towing rotation list at any one time, with application
preference given to towing services within the corporate limits of
the Village. This is to ensure that those Village tow services interested
will be part of the five services on the rotating list.
B.Â
At the beginning of each calendar year, all tow services must reapply
to ensure that all interested tow services have the opportunity to
participate in the rotation.
C.Â
There is a yearly application fee, as set from time to time by resolution
of the Village Board, to be paid to the Village Clerk upon the time
of application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.Â
In the event that more than five towing services apply to be on the
rotation, preference shall be given to towing services located within
the limits of the Village and any remaining slots on the rotation
list shall be selected on a lottery basis.
[Added 10-4-2022 by L.L. No. 1-2022[1]]
If at any time, the towing service fails to maintain the requirements
of this chapter or violates any provision of this article, the towing
service may be removed from the rotation list by order of the Chief
of Police. The Chief of Police or his designee has 48 hours to notify
the Village Clerk's office if the towing service is ordered removed
from the rotation list. The towing service will also be notified by
the Chief of Police or his designee of their right to appeal that
decision to the Village Board of Trustees within 30 days after the
date of that decision.
[Added 10-4-2022 by L.L. No. 1-2022]
A.Â
The
towing service on the accident/tow-away rotation list must be available
for assignment on a twenty-four-hour basis, seven days a week, and
365 days a year.
B.Â
The
towing service must be able to respond to any call for service in
the Village area within 20 minutes of receiving the call from the
Yorkville Police Department or Oneida County 911 dispatch center.
The towing service must have a phone number on file with the Yorkville
Police Department where the towing service can be reached at all times.
There can be no more than two numbers per towing service on file at
any given time. Failure to answer the numbers listed for that towing
service when called by the Bureau of Police for a rotation call will
be considered as a rejection of tow.
C.Â
Upon
request for the rotation tow service, the service next on the rotation
must be the service to respond. The Yorkville Police Department must
be informed of any acceptance by the towing service on the accident/tow-away
rotation list at the time the service is first called. The service
called can accept or choose to be skipped; it cannot designate its
replacement. In the event the tow service on the rotation cannot respond
to the call, then the tow service next on the list shall be called
to respond to the call. This will be practice until a tow service
accepts the call for that tow. If a tow service rejects more than
three calls within a six-month period for any reason, it will be suspended
from the rotation list for a period of one month. Rejection of five
calls within a six-month period shall result in suspension from the
tow rotation list for a six-month period. If there are more than six
refusals in a six-month period, the operator will be subject to review
by the Village Board of Trustees on whether to permanently remove
them from the tow rotation list.
D.Â
A tow
operator may not respond for another tow service; the tow operator
must respond with the requested rotation tow service vehicle.
[Added 3-2-2010 by L.L.
No. 1-2010]
The Village Board is hereby given authority to promulgate such
other rules or regulations as it deems necessary, consistent with
the intent of this article.
