[HISTORY: Adopted by the Rochester City Council
7-29-1983 by Ord. No. 83-317. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The moving of a motor vehicle by another vehicle for hire.
A person engaged in the towing business or offering towing
services, whereby motor vehicles are towed or otherwise removed from
one place to another by use of a vehicle designed or adapted for that
purpose.
The owner of a vehicle or another person authorized by the
owner to operate the vehicle.
No person shall maintain or operate a towing
company or operate a towing vehicle for hire, within the City of Rochester,
without first having obtained a towing company license.
A.
An application for a towing company license shall
be made to the Chief of Police on forms prescribed by the Chief of
Police. The application shall contain the name and address of the
owner and operator of the towing company, as well as the name and
address of the owner of the premises where the towing company is to
be located and of the premises where towed vehicles are to be stored.
Where the owner is not directly involved with the day-to-day operation
of said towing company, the operator must also be included on the
application. If a partnership, corporation or other business association
is involved, the names and addresses of the partners, officers or
principals shall be listed on the application, and the application
must designate an operator who is involved in the day-to-day operation
of the towing company. All addresses of persons involved shall be
home addresses, listing street and number. The application shall also
contain a complete listing of all towing and storage fees to be charged
by the towing company. The Chief of Police may require such additional
information as may be necessary in order to enforce this chapter and
to ensure the safety of all persons.
B.
The application shall contain the address of the towing
company and of the location where towed vehicles are to be stored
and the telephone number called to retrieve towed vehicles. The application
shall also contain the hours during which the towing company will
be open for towing and for retrieval of towed vehicles. All towing
company premises, including the location of the towing company and
the location where towed vehicles are to be stored, shall be in compliance
with zoning, building, fire, safety and property maintenance codes.
C.
Upon receipt of an application for a towing company
license, the Chief of Police shall cause an inspection to be made
by the appropriate authorities of the location of the towing company
and of the premises where towed vehicles are to be stored, to determine
compliance with zoning, building, fire, safety and property maintenance
codes and whether public safety problems exist, and the Chief of Police
shall cause an investigation to be made of the background of the owner
and the operator of the towing company. The Chief of Police and his
or her representatives shall have the right to enter upon all such
premises for the purpose of making such inspections during normal
business hours.
D.
The application
shall also contain a complete listing of the vehicle make, year and
license plate number of all towing vehicles to be used or operated
by the applicant. All such towing vehicles shall have a properly affixed
and current New York State motor vehicle inspection sticker.
E.
Any towing
company that tows motor vehicles without permission of the vehicle
owner, from privately owned property in the City of Rochester, other
than property which is solely residential and contains fewer than
five residential units, shall list on its application the owner and
address of every private property that it tows from and shall list
the storage facility to which such vehicles will be towed.
F.
The application
shall also contain a complete listing of all drivers of towing vehicles
and each driver’s New York State driver’s license number.
G.
Any changes
in any facts or information required on said application occurring
after filing and before any action is taken on the application thereof
shall be reported by the licensee in writing to the Chief of Police
immediately.
[1]
Editor’s Note: This ordinance provided an effective
date of 9-1-2010 and that its requirements and fees would be in effect
for all applications and license renewals submitted at any time for
the 2010–2011 licensing year.
A.
The owner and operator of a towing company shall comply
with all provisions of federal, state and local laws and ordinances
relating to the conduct of the towing business and the use and maintenance
of the towing company premises.
B.
The owner and operator of a towing company shall comply
with all the notices, orders, decisions and rules and regulations
made by the Chief of Police and local officials with jurisdiction
over the occupation and use of towing company premises.
C.
The owner and operator of a towing company shall cause
the towing company license to be posted in a conspicuous place on
the premises of the towing company and shall also cause a copy of
said license to be available for inspection in each towing vehicle
used by the company.
D.
All towing companies shall maintain all licenses required
by the New York State Vehicle and Traffic Law, and all equipment utilized
shall comply with said law and all applicable rules and regulations
of the Commissioner of Motor Vehicles. The equipment shall be in good
operating condition, and all towing company personnel shall be properly
trained and fully competent to perform their specific functions and
shall so perform those functions in a courteous and orderly manner.
E.
All towing vehicles used by a towing company shall
have printed lettering and numbering on both the left and right front
doors at least three inches high, in a color contrasting to that of
the towing vehicles, setting forth the name, business address and
telephone number of the towing company.
F.
No towed vehicles shall be stored on a public street.
G.
No towing company shall charge a fee in excess of
that fee on file with the Chief of Police for any towing services.
H.
A towing company shall, at the time of payment, deliver
a receipt to a vehicle owner paying to retrieve a towed vehicle.
[Amended 9-19-2006 by Ord. No. 2006-293]
(1)
The name, business address and telephone number of
the towing company.
(2)
The date the vehicle was towed and the date of the
retrieval by the vehicle owner.
(3)
The license plate and vehicle make of the vehicle
towed.
(4)
The starting and ending location of the tow.
(5)
An itemization of all fees charged, including towing,
storage and any other charges.
I.
A towing company shall be responsible for all damage
done to a vehicle while it is under the control of the towing company.
J.
A towing company shall maintain accurate records concerning all vehicles towed, which shall contain at least the information required in Subsection H above. Such records shall be retained for at least three years after a towed vehicle has been retrieved. Such records shall be available for review at the towing company’s premises by the Police Department immediately upon demand.
[Amended 6-15-2010 by Ord. No. 2010-196[1]]
[1]
Editor’s Note: This ordinance provided an effective
date of 9-1-2010 and that its requirements and fees would be in effect
for all applications and license renewals submitted at any time for
the 2010–2011 licensing year.
K.
A license holder shall inform the Chief of Police
immediately of any changes in the information which has been supplied
on a license application. Fee changes shall be provided to the Chief
of Police at least 15 days prior to their effective date.
L.
The Chief of Police may promulgate rules and regulations
to govern the operation of towing companies so as to provide for the
orderly operation of said companies and to ensure the public safety
of all persons.
M.
The towing
company’s storage facility shall be clearly marked and identified
by proper signage which is in compliance with all zoning requirements
and that is visible from the roadway, so that the owner or operator
of a towed vehicle can easily recognize the location where a vehicle
is stored.
[Added 6-15-2010 by Ord. No. 2010-196[2]]
[2]
Editor’s Note: This ordinance provided an effective
date of 9-1-2010 and that its requirements and fees would be in effect
for all applications and license renewals submitted at any time for
the 2010–2011 licensing year.
[Amended 5-22-1990 by Ord. No. 90-191; 5-12-1992 by Ord. No. 92-175; 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No. 2008-205[1]; 6-15-2010 by Ord. No. 2010-196[2]]
The annual fee for a towing company license
shall be $350. Payment of the fee shall be due upon application for
the license. There shall be a fee of $10 for replacement of a lost
license.
Towing company licenses shall expire on August
31 of each year.
A.
No person shall tow, remove, impound or otherwise
disturb any motor vehicle other than an abandoned vehicle as defined
in § 1224 of the Vehicle and Traffic Law, without permission
of the vehicle owner, from privately owned property in the City of
Rochester, other than property which is solely residential and contains
fewer than five residential units, unless there is posted on the property
a sign at each entrance to the parking area, positioned so that the
information on the sign is clearly and conspicuously visible to a
driver as he or she drives into such parking area, and there is posted
a sign in a conspicuous location along the perimeter of the parking
area, positioned so that the information on the sign is clearly and
conspicuously visible to a person viewing it from the parking area.
At least one additional sign shall be conspicuously posted along the
perimeter of the parking area, positioned so that the information
on the sign is clearly and conspicuously visible to a person viewing
it from the parking area, for each 50 parking spaces over 50 parking
spaces contained on the property. The signs shall state that unauthorized
vehicles will be towed at the vehicle owner's expense and shall contain
the towing company's name, the telephone number to call to retrieve
towed vehicles, and the street address where towed vehicles may be
retrieved. The signs shall be conspicuous both day and night and of
a size at least 12 inches by 24 inches, but not to exceed 24 inches
by 36 inches, with lettering at least 2½ inches high and in
a color contrasting to that of the background. The towing company
shall be responsible for assuring that signs meeting the requirements
of this section are posted and maintained.
[1]
Editor's Note: This ordinance also provided an effective date of 1-1-2011, except for an effective date of 4-1-2011 for the signage requirements in this subsection and that, until that time, "towing companies will be deemed to be in compliance with signage requirements if they are in compliance with the requirements in § 108A-7A as enacted herein or as in effect at the time of adoption of this ordinance."
B.
In no event shall a towing company charge a fee in excess of $140 for towing, without permission of the vehicle owner, of passenger vehicles, including cars, pickup trucks and passenger vans, or motorcycles or minibikes, from privately owned property in the City. Storage fees for such towed vehicles shall not exceed the storage fees charged at the City Auto Pound pursuant to § 111-72G of the Municipal Code, and no storage fees shall be charged for the first 24 hours after the vehicle is delivered to the storage lot. No mileage fees or fees for an additional person or additional fees of any type shall be charged for such tows. A towing company must be open to allow for the retrieval of such towed vehicles between 9:00 a.m. and 6:00 p.m. daily, and if the towing company performs towing services after 5:00 p.m., until at least one hour after the latest time such company provides towing services. The towing company’s telephone number to call to retrieve towed vehicles shall contain a message stating the hours during which a vehicle may be retrieved, the lot location, the fees, and that payment may be made by cash or by any major credit card or debit card. The telephone number shall also contain a system that allows callers to leave a message when their call is not answered.
[Amended 4-14-1992 by Ord. No. 92-127; 4-16-1996 by Ord. No. 96-126; 9-19-2006 by Ord. No.
2006-293; 12-14-2010 by Ord. No. 2010-414; 6-20-2017 by Ord. No. 2017-161; 6-18-2019 by Ord. No. 2019-157[2]]
[2]
Editor’s Note: This ordinance provided an effective
date of 7-1-2019.
C.
No person shall tow a vehicle from privately owned
property in the City of Rochester, without permission of the vehicle
owner, to a location outside the City of Rochester.
D.
If a towing company has attached a vehicle to be removed
from privately owned property in the City of Rochester to a towing
vehicle and the owner of said vehicle arrives before said vehicle
has been removed, said vehicle must be released to its owner upon
tender of payment of an amount not to exceed $25. If the vehicle owner
arrives before the vehicle has been attached to a towing vehicle,
the owner shall be allowed to remove his or her vehicle without charge.
[Amended 2-14-2006 by Ord. No. 2006-22]
E.
The towing company shall immediately notify the Rochester
Police Department of all vehicles towed from a location within the
City of Rochester without permission of the vehicle owner and shall
provide the Rochester Police Department with such information as the
Chief may require.
F.
No person shall place a parking boot on, or otherwise
immobilize, a vehicle owned by another person which is parked on private
property. This prohibition shall not apply to institutions for higher
education and hospitals.
[Added 9-19-2006 by Ord. No. 2006-293; amended 11-25-2008 by Ord. No. 2008-375]
G.
Any towing
or storage charges accrued by the vehicle owner or operator shall
be payable by the use of any major bank credit card or debit card,
in addition to being payable in cash. The towing company must have
enough bills and coins available to provide change on bills of $100
or less.
[Added 6-15-2010 by Ord. No. 2010-196[3]]
[3]
Editor’s Note: This ordinance provided an effective
date of 9-1-2010 and that its requirements and fees would be in effect
for all applications and license renewals submitted at any time for
the 2010–2011 licensing year.
H.
Removal
of vehicle from private property.
[Added 6-15-2010 by Ord. No. 2010-196[4]]
(1)
No
towing company, officer, employee, subcontractor or agent shall remove
or cause the removal of a vehicle from private property unless, at
the time the vehicle is to be removed:
(2)
The written authorization for removal required by Subsection H(1)(a) must contain:
(a)
A description of the vehicle to be removed, including the year, make,
model, color, state license plate number, and vehicle identification
number of the vehicle;
(b)
The date and time of the vehicle's removal;
(c)
The location from which the vehicle is removed;
(d)
The reasons for removing the vehicle; and
(e)
The signature of the property owner.
(3)
The written agreement required by Subsection H(1)(b) must:
(a)
Contain a clear election, signed by the property owner or the property
owner’s duly authorized agent, which cannot be an officer or
employee of the towing company, as to whether the towing company is
authorized to remove illegally parked and unauthorized vehicles from
the property at all times or only during the normal business hours
of the property owner; and
(b)
Be renewed at least annually and whenever there is a change in ownership
of the property.
[4]
Editor’s Note: This ordinance provided an effective
date of 9-1-2010 and that its requirements and fees would be in effect
for all applications and license renewals submitted at any time for
the 2010–2011 licensing year.
I.
Giving
of items of value in connection with removal of vehicle.
[Added 12-14-2010 by Ord. No. 2010-414[5]]
(1)
No
towing company, officer, employee, subcontractor or agent, or immediate
family member thereof, shall directly or indirectly give anything
of value, other than a sign or notice required to be posted under
this section, to a private property owner in connection with the removal
of a vehicle from the private property.
(2)
No
property owner shall accept anything of value, other than a sign or
notice required to be posted under this section, from a towing company
in connection with the removal of a vehicle from the private property.
[5]
Editor’s Note: This ordinance provided an effective
date of 1-1-2011.
A.
The Chief of Police may deny a license or deny the
renewal of a license to any applicant who does not comply with the
provisions of this chapter or any rule or regulation promulgated under
this chapter or who makes a material misrepresentation on a license
application. The Chief of Police shall give written notification to
an applicant of the reasons for the denial of a license.
B.
The Chief of Police shall have the power to investigate
and inquire into license applicants under this chapter and to require
and enforce by subpoena the attendance of witnesses at such investigations.
C.
When the
investigation reveals that the applicant has violated either federal,
state or local laws or rules and regulations, the Police Chief may
authorize the issuance of a conditional license. The conditional license
shall state the grounds for the conditional license, the conditions
under which the applicant shall operate his or her business, be signed
by the applicant, and contain a provision which provides that any
violation of the conditional license, as solely determined by the
City of Rochester, shall be deemed to be grounds for revoking the
conditional license.
[Added 6-15-2010 by Ord. No. 2010-196[1]]
[1]
Editor’s Note: This ordinance provided an effective
date of 9-1-2010 and that its requirements and fees would be in effect
for all applications and license renewals submitted at any time for
the 2010–2011 licensing year.
[Amended 6-19-1990 by Ord. No. 90-258]
The provisions of Chapter 68 of the Municipal Code shall be applicable to all licenses issued under this chapter. The Municipal Code Violations Bureau shall hear and determine charges involving violations of this chapter. Any person who violates this chapter shall be subject to the penalties set forth in § 13A-11 of the Municipal Code.
[Amended 6-15-2010 by Ord. No. 2010-196]
The provisions of this chapter shall not apply
to the towing of a vehicle through the City of Rochester from a destination
outside of the City of Rochester to another destination outside of
the City of Rochester, nor to the towing of a vehicle from or to a
destination outside of the City of Rochester as long as said vehicle
is towed with permission of the vehicle owner by a towing company
without a place of business or storage lot in the City of Rochester.
This chapter shall not apply to the lawful repossession of vehicles
where the required notice has been provided pursuant to § 425
of the New York State Vehicle and Traffic Law.
