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City of Utica, NY
Oneida County
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Table of Contents
Table of Contents
Code
New Laws (17) Index
As used in this chapter, "wrecker," "tow truck" or "flatbed" means a motor vehicle employed for the purpose of towing, transporting, conveying or removing any passenger motor vehicle which is unable to be operated under its own power for which service a charge or fee is exacted.
The purpose of this chapter is to safeguard City roadways and protect the public while offering fair tow service rates, working with towing businesses and to license persons engaged in wrecking or towing businesses.
The terms and provisions of this chapter shall not apply to any wrecker or tow truck which:
(a) 
Picks up a disabled vehicle outside the City limits;
(b) 
Does not maintain a place of business within the City and whose services are requested by the owner or driver of a disabled vehicle for the purpose of towing the vehicle outside or inside of the City.
(a) 
Any person who violates any provision of this chapter shall, upon conviction be subjected to the penalties as provided in Section 2-1-7.
(b) 
After notice and opportunity to be heard, the Chief of Police may suspend or revoke the license of any person who violates the provisions of this chapter. The Chief may also remove a violator from the accident/tow-away rotation list.
(a) 
This article shall be enforced by the Chief of Police or his designee.
(b) 
The officer charged with information within an accident information exchange form will attempt to include the tow facility with address and contact number for each vehicle operator. The officer will also attempt to provide the tow facility with the vehicle owner's name, address and phone number.
Any person aggrieved by a decision of the Chief of Police in implementing this article may appeal to the Licensing Commission by delivering a written appeal, stating the reasons therefor, to the City Clerk within 30 days after the occurrence of the event appealed from.
(a) 
The membership of the Licensing Commission shall be composed of one Common Councilmember or their designee, the Chief of Fire or his designee and the Commissioner of Code Enforcement or his designee.
(b) 
The Chief of Police shall have the power to:
(1) 
Examine into the qualifications and fitness of applicants for licenses under this chapter.
(2) 
Keep record of all licenses issued, suspended or revoked.
(3) 
Adopt rules and regulations consistent with the intent of this chapter as may be necessary with respect to the form and content of applicants for licenses, receipt of licenses, the investigation and examination of applicants and their qualifications and other matters incidental or appropriate to the powers and duties as prescribed by this chapter and for the proper administration and enforcement of the provisions of this chapter.
(4) 
Investigate any and all complaints made in conjunction with the requirements of this chapter.
(5) 
Remove a tow service due to excessive billing pursuant to Section 2-28-47 up to six months or until excess billing has been resolved.