No person, firm or corporation shall operate or hire a truck
or other type of motor vehicle designed and able to provide road service
to tow other motor vehicles from public places, streets or highways
within the Village of Walden unless a license therefor shall first
have been obtained from the Clerk for the Village of Walden as hereinafter
provided and paid for in accordance with the schedule of fees for
tow truck operators as duly adopted by the Village of Walden Board
of Trustees and as may be amended from time to time. This provision
shall not be deemed to require licensing of tow truck operators who
tow vehicles from private garages, residences or other private places
with the prior consent of the vehicle owner or tow truck operator
towing vehicles through the Village on state or county roads.
The licensing of towing operators pursuant to this chapter shall
create no new or additional liability for the Village of Walden. The
duties performed by the Village pursuant to this chapter are general
duties owed to the public. No person is authorized to create a special
duty to anyone either by representation, act or omission. Permittees
pursuant to this chapter shall indemnify the Village to the fullest
extent allowable by law.
[Amended 10-19-2021 by L.L. No. 4-2021]
The Chief of Police or his designated representative may cause
to be inspected each permittee's place of business and permitted vehicle(s)
not less than, but not limited to, once each year. In the event a
permitted firm fails to comply with the provisions herein contained,
the Chief of Police shall suspend the permitted firm from the list
of permitted firms maintained at the Police Department and so notify
the Village Board of Trustees in writing. The permitted firm shall
remain suspended until all violations are corrected. Said firm shall
be entitled, upon request, within seven days, to a public hearing
before the Village Board of Trustees to renew and approve or terminate
such suspension.