[Adopted 9-12-2000 by L.L. No. 21-2000 (Ch. 463, Art. I,
of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE
Such term as it is or may be defined by § 1224
of the New York Vehicle and Traffic Law.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power. This term shall
specifically include, but shall not be limited to, motorcycles and
snowmobiles, as such terms are or may be defined by the New York Vehicle
and Traffic Law.
OFFICE
The County Office of Consumer Affairs.
A private property owner who wishes to have a vehicle towed
from his, her or its privately owned, publicly accessed parking lots,
without the written consent of the owner of the vehicle, shall comply
with the following requirements:
A. The parking lot shall have conspicuously posted, at each entrance,
signs (at least two feet high with at least two-inch-high lettering),
which shall contain the following information:
(1) A statement warning that illegally parked vehicles will be towed.
(2) The hours during which this prohibition is applicable.
(3) The cost of the tow to be paid by the vehicle owner.
(4) The name and phone number of the towing company.
(5) The location where the vehicle is to be towed.
(6) The property owner's name.
B. The property owner shall supply the towing company with a notarized
affidavit authorizing tows, which shall contain the following:
(1) The name, address, and phone number of the owner.
(2) The address and description of the property.
(3) The name of the authorized tow company.
(4) The cost of the tow to be paid by the vehicle owner.
(5) The specific violations for which the tows/seizures are authorized.
(6) The specific days and hours during which towing is authorized.
(7) The location where the vehicles will be stored.
(8) A statement as to whether the owner is receiving any compensation
for each vehicle seized or towed.
A tow company or tow truck operator shall comply with the following
regulations when seizing or towing vehicles for privately owned, public-access
parking lots, without the written consent of the owner of the vehicle:
A. Tow companies shall enter into an agreement with the property owner
prior to any towing of vehicles.
B. The seizure or tow of a vehicle is only authorized when the owner
of the property or his or her representative is actually present and
requests that a particular vehicle be seized or towed. The property
owner's representative cannot be the tow company or tow truck operator
unless the tow company or operator is the actual property owner.
C. The tow truck operator shall have a copy of the affidavit from the
property owner in his or her possession.
D. The tow truck operator shall have a written "seizure/tow authorization"
in his or her possession, to tow a specific vehicle, which shall be
signed by the property owner or his representative prior to the seizure/tow.
This authorization shall contain the following information:
(1) Date and time of the seizure/tow.
(2) Location of the seizure/tow.
(3) Reason for the seizure/tow.
(4) Cost of the seizure/tow to be paid by the vehicle owner.
(5) Location to which the vehicle is towed.
(6) Description of the vehicle (plate number, vehicle identification
number, year, make, model, color and notation of any damage to the
vehicle).
(7) Name, address and date of birth of the tow truck operator.
(8) Tow company name, address and phone number.
(9) Name and address of the owner or representative who authorized the
seizure or tow.
(10)
Signature of the owner or representative who authorized the
seizure/tow.
E. The tow truck operator who seizes or tows a vehicle shall immediately
respond to the nearest police precinct with the vehicle and provide
a copy of the seizure/tow authorization.
When the seizure/tow of a vehicle from privately owned, publicly
accessed parking lots, without the written consent of the owner of
the vehicle, is in dispute or a breach of the peace occurs, the following
shall apply:
A. If the seizure/tow process has begun, but the vehicle is still at
the location, the following shall apply:
(1) The vehicle shall be released to the owner upon the owner providing
the tow truck operator with proper personal and vehicular identification;
and
(2) The property owner and tow company shall have recourse to civil court
or small claims court to seek compensation for any monetary damages
incurred as a result of the actions of the vehicle owner.
B. If the seizure/tow process has been completed (the vehicle is no
longer at the location), the following shall apply:
(1) A vehicle owner shall pay the tow truck operator to release the vehicle;
(2) The only additional fee that may be assessed is for storage of the
vehicle, which fee shall not exceed $20 per day. Storage fees shall
not be charged for days on which the vehicle is not available for
pickup from the pertinent tow operator or for days on which the pertinent
tow operator is closed; and
(3) The vehicle owner shall have recourse to civil court or small claims
court to seek compensation for any monetary damages incurred as a
result of the actions of the property owner or the tow company.
This article shall be enforced by the Office of Consumer Affairs.
The Director of the Office is hereby authorized and empowered
to issue and promulgate such rules and regulations as he or she shall
deem necessary and appropriate to implement and carry out the provisions
of this article.
This article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Suffolk.
The County Legislature may determine via mere resolution whether or
not identical or substantially similar statewide legislation has been
enacted for the purposes of triggering the provisions of this section.
This article shall apply to any actions occurring on or after
January 1, 2001.
[Adopted 9-7-2022 by L.L. No. 35-2022]
As used in this article, the following terms shall have the
meanings indicated:
ACCIDENT
Any incident or occurrence in which one or more motor vehicles
come in contact with each other or another object, thereby causing
damage to a motor vehicle.
DEBRIS
Includes substances, materials, and objects that are foreign
to the normal roadway or thoroughfare environment area, including
traffic control debris. Debris may be produced by vehicular or nonvehicular
sources.
DISABLEMENT
Motor vehicles not involved in accidents but which are disabled
and which must be removed from the road via services of a tow truck
operator.
TOW TRUCK
A motor vehicle which is designed or equipped for carrying,
lifting or moving another motor vehicle.
TOWER
A person owning or leasing or controlling one or more tow
trucks and driving or operating or causing any such vehicle to be
operated upon the public highways for hire.
A violation of this article shall be punishable, after conviction,
with a fine of not less than $100 and not more than $500.