[Amended 11-25-1986 by G.O. No. 18-1986]
It is hereby declared and found that the rates and charges imposed for the towing and storage of abandoned, damaged, disabled and wrecked vehicles in the City of Yonkers is a matter affecting the public interest. It is, therefore, the purpose and intent of this chapter to establish an orderly system for the safe and expeditious removal and storage of these vehicles from the streets and highways of the City of Yonkers; to supervise and control private towing within the City; to ensure that motor vehicles damaged and disabled are towed to convenient locations where they may be lawfully repaired; and to protect the public from fraud, exorbitant rates and similar abuses.
Unless otherwise expressly provided, the following words, for the purposes of this chapter, shall have the meanings herein indicated:
ABANDONED VEHICLE
A motor vehicle as defined in Chapter 109, Article XIV, of this Code and in § 1224 of the New York State Vehicle and Traffic Law.
[Amended 11-25-1986 by G.O. No. 18-1986]
ACCIDENT
Any incident or occurrence in which one or more motor vehicles come into contact with each other or other objects, thereby causing personal injury or property damage.
AUTO REPAIR SHOP
A motor vehicle repair shop, as defined in and holding a license as required by the State Motor Vehicle Repair Shop Registration Act (Vehicle and Traffic Law § 398-b, or any amendment thereto).
BOOTING OR IMMOBILIZATION
The clamping, affixing or locking of a booting device onto the wheel of a motor vehicle to prevent the wheel from rotating, thereby immobilizing the vehicle.
[Added 6-12-2007 by G.O. No. 3-2007]
BOOTING OR IMMOBILIZATION DEVICE
Any device that is clamped, affixed or locked onto the wheel of a motor vehicle to prevent the wheel from rotating, thereby immobilizing the vehicle, and which has been approved by the Police Commissioner prior to being used in the City of Yonkers.
[Added 6-12-2007 by G.O. No. 3-2007]
CHASING
The act by any tow truck operator or licensee wherein the operator or licensee is in the process of driving to an accident scene or actually arrives at an accident scene without first being summoned by the Police Department.
[Added 11-25-1986 by G.O. No. 18-1986]
DISABLED VEHICLE
A motor vehicle that is unable to be moved or driven by its own power.
DRIVER
Any person over the age of 18 driving a tow truck upon the public highways.
[Amended 11-25-1986 by G.O. No. 18-1986]
FOR HIRE
Any transaction where a fee, charge or other consideration is directly or indirectly imposed for towing, carrying or removing a vehicle, and it shall include any case where any person makes repairs on a towed vehicle for a consideration and no charge is expressly imposed for the towing of such vehicle.
GARAGE
Any place which is not in violation of the existing Zoning Ordinance or Building Code of the City of Yonkers[1] and, as a substantial source of its activities, engages in the repair of motor vehicles and provides on-premises parking for their storage.
IMPOUND VEHICLE
Any motor vehicle which, by law, may or must be taken into the custody of the Police Department, and the Police Department has so directed.
LICENSE
A certificate issued by the City of Yonkers to allow a person to engage in towing.
LICENSEE
A person who is the holder of a valid license.
MEDALLION
A yellow or red identification sticker assigned to and affixed to each tow truck by the City of Yonkers. A yellow sticker symbolizes a tow service that is contained on the police list (emergency roster); a red sticker symbolizes a tow service that is not contained on the police list.
[Amended 11-25-1986 by G.O. No. 18-1986]
OPERATE
Includes the control, direction and use of a vehicle for towing from places within the City.
OWNER
A person owning, leasing or controlling one or more tow trucks and driving or operating or causing any such vehicle to be operated upon the streets and highways for hire.
PERMIT
A certificate issued to the owner of a premises, or his agents, that allows for the towing of unauthorized vehicles from said public or private parking lot.
PERSON
Includes an individual, partnership, unincorporated association, corporation or any other entity.
POLICE LIST (EMERGENCY ROSTER)
A listing of all licensed towing firms registered with the City of Yonkers which also operate a licensed body and fender repair shop, possess a yellow-colored rate card and are on twenty-four-hour call.
[Added 11-25-1986 by G.O. No. 18-1986]
PRIVATE PARKING LOT
Either:
A. 
An open-air parking area that is accessory to a residential or nonresidential building and which is not used by the general public, either with or without the payment of rent or charges; or
B. 
An open-air parking area which is accessory to the principal use of the premises or of adjacent or nearby premises and which is used by the general public, with or without the payment of rent or charges.
PUBLIC PARKING LOT
An open-air parking area that is used by the general public, with the payment of rent or charges, and where service station and motor fuel filling station facilities, if any, are clearly incidental to the principal use for storage.
TOWING
The carrying, lifting or moving of motor vehicles by another motor vehicle for hire.
TOW TRUCK
A motor vehicle which is equipped and/or used for the purpose of carrying, lifting and removing a motor vehicle.
TOW TRUCK (HEAVY-DUTY)
A tow truck weighing over 10,000 pounds and on call 24 hours a day.
[Added 11-25-1986 by G.O. No. 18-1986]
[1]
Editor's Note: See Ch. 43, Zoning, and Part VI, Fire and Buildings, of this Code.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
No person shall conduct a towing business or a business for the booting or immobilization of vehicles parked on private property in the City without first having obtained a license as hereinafter provided.
[Amended 6-12-2007 by G.O. No. 3-2007]
B. 
A person who shall be deemed to be conducting a towing business within the City shall be required to obtain a license hereunder when he operates one or more tow trucks for hire and/or either has a garage or auto repair shop within the City or regularly advertises or solicits towing business, responds to calls or otherwise regularly provides towing service within the City.
C. 
No license shall be issued unless the property upon which said towing business is located complies with all state and City laws and regulations, including but not limited to housing, building, fire and zoning ordinances, and provides adequate space for the parking of the tow trucks and other vehicles, as determined by Police Commissioner and the Commissioner of the Department of Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
D. 
Nothing herein shall be construed to require a license for a tow truck to traverse the City with or without a motor vehicle in tow.
E. 
No person shall be allowed to conduct a business for the booting or immobilization of vehicles unless such person is able to conduct his business from a licensed tow truck.
[Added 6-12-2007 by G.O. No. 3-2007]
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
A licensee must obtain a medallion number and a sticker for each tow truck operated in the City. The color of the sticker will be determined by the fee paid and whether the truck is to be placed on the police list. If the truck is placed on the police list, a yellow sticker is to be displayed. If the truck is not to be placed on the police list, a red sticker is to be displayed.
B. 
Each medallion sticker must be securely affixed to the right front corner of the windshield of the tow truck for which it was issued by the City of Yonkers and shall remain there and be clearly visible for inspection at all times the medallion is valid.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
Each medallioned tow truck in the City of Yonkers that is contained on the police list must possess a yellow medallion sticker. On each side of said tow truck, there shall be legibly inscribed, in letters not less than three inches high, the name and address of the licensee and the medallion number assigned to such tow truck by the Police Commissioner.
B. 
Each medallioned tow truck in the City of Yonkers that is not contained on the police list must possess a red medallion sticker. On each side of said tow truck, there shall be legibly inscribed, in letters not less than three inches high, the name and address of the licensee and the medallion number assigned to such tow truck by the Police Commissioner.
C. 
A medallion number, once issued, shall be the same number assigned to a tow truck upon each renewal of its license.
[Amended 11-25-1986 by G.O. No. 18-1986]
No license shall be issued unless an application is completed and filed with the City of Yonkers, on a form prescribed by the Police Commissioner, which shall include the following information:
A. 
The name and address of the applicant, specifying, in the case of a partnership or an unincorporated association, each partner or member thereof, and in the case of a corporation, the name and address of each officer, director and stockholder thereof.
B. 
The date of birth and citizenship of the applicant and each member thereof, if an unincorporated association, and of each officer, director and stockholder, if a corporation.
C. 
The address of any and all depots, garages or body shops, whether located inside or outside the City, that will be used by the applicant in connection with his towing business.
D. 
A statement that he has read and understands the provisions of this chapter and will abide by them if issued a license.
E. 
A statement as to whether the applicant or any partner, member, officer or director has, within the last five years, ever been convicted of a crime and, if so, the date, crime charged and sentence imposed.
F. 
A statement that the applicant will operate a minimum of one medallion tow truck.
G. 
That the schedule of maximum prices that the licensee can charge during the term of his license for towing motor vehicles to and from points within the City of Yonkers and for the storage of such vehicles at its place of business shall be in accordance with the fees hereinafter set forth and adopted.
H. 
Whether or not the applicant has ever been denied a license for a tow truck or towing business by any governmental agency or authority or whether or not the applicant has ever been charged with chasing or whether or not any such license ever issued to the applicant has been suspended or revoked and, if so, the date, the location and the circumstances thereof.
I. 
A list of all valid licenses held by the applicant which authorize him to conduct a towing business and/or auto repair shop.
J. 
Whether this is an initial application or a renewal.
K. 
Any other relevant information which the Police Commissioner may require.
A. 
All licensees shall file an application to obtain a medallion for each tow truck to be operated within the City by a licensee. No medallion shall be issued unless an application is completed and filed with the City of Yonkers, on a form prescribed by the Police Commissioner, and the tow truck is inspected and its equipment complies with the requirements of this chapter.
B. 
The form prescribed by the Police Commissioner shall include the following information:
(1) 
The name and address of the licensee.
(2) 
The name and address of the owner of the vehicle, if other than the licensee.
(3) 
The vehicle identification number.
(4) 
The license plate number.
(5) 
The make, model and year.
(6) 
The amount of liability and property damage insurance applicable to said vehicle.
(7) 
The name of the insurance company, policy number and expiration date of such policy. In no event shall the liability insurance, per tow truck, be less than $25,000 for bodily injury and $10,000 for property damage. Each policy required herein must contain an endorsement providing for 10 days' notice to the Police Commissioner in the event of any change or cancellation of the above-required minimum coverage.
(8) 
Whether it is a new application or a renewal.
[Amended 6-28-1983 by G.O. No. 12-1983; 11-25-1986 by G.O. No. 18-1986; 12-16-1986 by G.O. No. 21-1986; 5-28-1991 by G.O. No. 11-1991; 7-26-1995 by G.O. No. 9-1995; 12-14-2010 by G.O. No. 7-2010]
A biennial fee of $750 shall be paid for each police list license or renewal thereof. Each fee paid in this regard also pays for a place on the rotating police list. A biennial fee of $375 shall be paid for each nonpolice list license or renewal thereof.
[Amended 11-25-1986 by G.O. No. 18-1986]
Upon receipt of the properly completed applications and payment of the requisite fee, the Police Commissioner shall issue a license to the applicant unless he determines:
A. 
That the applicant is unfit and is incapable of properly conducting a towing business within the City of Yonkers or does not conform to the provisions of this chapter;
B. 
The applicant's garage, depot or auto repair shop used in connection with the towing business is in violation of any state or City law or regulation, including but not limited to zoning, building or fire law ordinances or regulations in the municipality in which it is located;
C. 
The City of Yonkers finds that the applicant has made a materially false statement or misrepresentation in his application; or
D. 
The issuance of a new license would exceed a maximum limit of 190 licenses. A separate list shall be maintained of those qualified applicants who are denied licenses because of the above limit. The applicants on the list shall be placed in the order by which they applied for a license. As a license becomes available, it shall be offered to those applicants appearing on the list in the order in which they appear.
[Amended 11-25-1986 by G.O. No. 18-1986]
Each license, medallion and permit issued pursuant to this chapter shall expire each year on the 30th day of June, regardless of when issued, unless earlier suspended or revoked as provided herein.
[Amended 11-25-1986 by G.O. No. 18-1986; 5-28-1991 by G.O. No. 11-1991]
A. 
A license or medallion issued hereunder shall not be transferred or assigned to another person or vehicle, except as provided below.
B. 
The licensee shall notify the City of Yonkers of any tow truck to which a medallion was issued which is destroyed, sold or proposed to be sold or transferred within 24 hours thereof. In the event that the licensee intends to replace said tow truck, notice is to be given to the Hack Bureau so that a license may be reserved for the licensee. If the licensee does not intend to replace said tow truck, the medallion is to be immediately returned to the Police Commissioner and the sticker removed from the windshield.
C. 
In the event that a medallion is to be sold or transferred, the vendee must comply with all provisions of this chapter, and the transfer must be approved by the Police Commissioner.
D. 
Whenever an owner sells or transfers title to a vehicle for which a license has been issued, the owner may, within 60 days thereafter, have the former license which was previously surrendered, as provided in this chapter, reissued for another vehicle which the owner has purchased, provided that said owner has complied with all the provisions of this chapter and upon the payment of a fee of $10.
[Added 6-28-1993 by G.O. No. 12-1983; amended 11-25-1986 by G.O. No. 18-1986; 5-28-1991 by G.O. No. 11-1991]
A. 
No person shall operate any tow truck and no owner, bailee or possessor of a tow truck shall permit anyone to operate any tow truck within the limits of the City of Yonkers unless such person has obtained a tow truck operator's license under the provisions of this section.
B. 
All licenses issued under this section shall be valid from the first day of July, or the day of issue, of every other year and shall expire on the 30th day of June of the following year, unless sooner suspended or revoked.
C. 
No person shall be permitted to operate a tow truck within the City of Yonkers if he has been convicted of a felony or misdemeanor involving physical violence or moral turpitude or convicted of a crime involving narcotics, other than marijuana, or adjudged a narcotics addict.
D. 
Every person desiring a license pursuant to this section shall make application to the Police Commissioner or his designee on a form prescribed by said Commissioner. Said application must contain the applicant's age, chauffeur's license identification number, arrest record, if any, and any other pertinent information requested by the Police Commissioner. Said application must be submitted along with a check or money order in the amount of $200, payable to the Comptroller of the City of Yonkers. The Comptroller shall credit all such checks or money orders to the general fund.
[Amended 12-14-2010 by G.O. No. 7-2010]
E. 
The Police Commissioner or his designee is hereby authorized to issue and grant, pursuant to this section, tow truck operator's licenses. Said Police Commissioner or his designee is also authorized to suspend or revoke any such license for any violation of this chapter.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
Emergency roster (police list). The tow trucks of licensees on the emergency roster must be equipped with a lifting boom on the rear of the truck, a minimum ton-and-a-half power winch equipped with 100 feet of three-eighths-inch steel cable (five-eighth-inch steel cable if a heavy-duty tow truck), an ICC-regulated CO2 or dry-powder fire extinguisher, emergency flashing amber or yellow lights, a broom and a carton containing at least one dozen red railroad-type flares and/or three triangular-shaped red road reflectors.
B. 
Impound. The tow trucks of licensees designated as an impound must be equipped with emergency flashing yellow lights, an ICC-regulated CO2 dry-powder fire extinguisher and a carton containing at least one dozen red railroad-type flares and/or three triangular-shaped red road reflectors.
C. 
No tow truck shall display any light other than white or yellow so as to be visible from a point in front of the vehicle at any time except when at an actual scene of an accident or any other emergency or while actually engaged in towing a disabled vehicle.
D. 
A heavy-duty police list shall be established in the same manner as the police list in this chapter.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
Any licensee who owns and operates a New York State-registered body and fender shop and possesses a tow truck, as hereinabove provided, who agrees to abide by the requirements as provided by this chapter and who pays the requisite fee as provided by this chapter shall be placed on the appropriate emergency roster which the City of Yonkers Police Department shall call upon to remove vehicles which are disabled because of accident or otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensee at the time of the arrival of the City of Yonkers Police Department.
B. 
In order to qualify for said police list (emergency roster), a licensee must have a place of business within the City of Yonkers. This subsection shall not apply to those businesses which are medallion holders as of the effective date of this chapter which do not have a place of business within the City of Yonkers or a registered body and fender shop.
C. 
A licensee must respond within 20 minutes of being called by the police.
D. 
Each licensee must have the following minimum insurance coverage, with the City of Yonkers named as coinsured: $500,000 automobile liability, garage and general liability and property damage insurance.
E. 
The licensee agrees that any motor vehicle that he removes pursuant to this section, which has been involved in an accident, shall be removed by him to such location within the City of Yonkers for the fees hereinafter set forth and as designated by the owner or operator of such motor vehicle, except that, in the absence of such designation, the licensee shall remove such motor vehicle to his own place of business.
F. 
Any medallion holder has the right to transfer to the police list, provided that all provisions of this chapter dealing with police list are complied with.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
There shall exist within the City of Yonkers up to six impound areas where an impounded vehicle will be removed to and stored until such time as it is released by the Police Department.
[Amended 5-8-2012 by G.O. No. 2-2012]
B. 
The Mayor, after having received recommendations from the Police Commissioner, shall designate up to six qualified licensees, each to maintain an impound area within the City of Yonkers and to remove an impounded vehicle thereto when and as directed by the Police Department. Such designation shall be valid for a two-year period of time, unless the designated licensee ceases to qualify. A licensee may be redesignated for successive terms.
[Amended 5-8-2012 by G.O. No. 2-2012]
C. 
Any licensee, as hereinabove provided, who makes written application to the Police Commissioner and further agrees to abide by the requirements as provided by this section and chapter shall be eligible to be designated an impound which the City of Yonkers Police Department shall call upon to remove an impounded vehicle.
D. 
A licensee, to be eligible to be designated as an impound, must comply with the following conditions:
(1) 
Must be on the emergency roster.
(2) 
Must swear, under oath, that he owns or rents and operates a bona fide protected area within the City of Yonkers for the minimum storage of 50 vehicles and agrees to fence said area with a six-foot wire fence and provide for twenty-four-hour protection, as approved by the Police Commissioner, for said premises for the safeguarding of all impounded motor vehicles. For the purposes of this section, applicants that state that they maintain an area on the very same premises or real property owned or operated by another licensee or on which another licensee maintains a place of business or the applicant who states he is a lessee of a licensee shall not qualify to be designated as an impound as herein provided.
(3) 
Must be available 24 hours a day, seven days a week, whether for towing or releasing impounded vehicles.
(4) 
Must respond within 20 minutes of being called by the police.
(5) 
Must have the following minimum insurance coverage: $500,000 automobile liability, garage and general liability and property damage insurance. The City of Yonkers shall be named as a coinsured.
(6) 
Must comply with such other conditions as the Police Commissioner shall specify, in writing, prior to designation.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
For the purposes of this chapter, there shall be an emergency roster upon which each licensee who qualifies shall appear once per roster for each police list tow truck licensed by the City of Yonkers, and the roster, as established, shall be posted in the Communications Division of the Police Department of the City of Yonkers for public inspection and shall be rotated in accordance with the licensee's place on said roster, which shall be determined by the filing of said application with the Police Commissioner.
B. 
A licensee who does not answer his call from the Police Department or is not available when called shall lose his turn on said roster and must wait for the roster to be called in its entirety before said licensee is eligible to be called again. The Police Department shall keep and maintain telephone numbers designated by the licensee where he can be contacted at any time of the day or night. In no event can a licensee designate an alternate tow operator to handle police calls.
C. 
Upon revocation or expiration of the license or upon determination by the Police Commissioner that a licensee no longer meets the requirements of the emergency roster, said licensee shall be struck from the roster.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
A licensee called to the scene of an accident, if necessary, must sweep away or clean up any debris on the street caused by the accident, but only if he is provided with police protection against moving vehicles at the scene.
B. 
It shall be unlawful for any tow truck operator or licensee to possess any radio that is capable of intercepting police frequency radio transmissions. Possession of any radio capable of receiving these transmissions shall be presumptive evidence of chasing.
If more than one tow truck is needed at the scene of an accident, the aforesaid Police Department, through its authorized agent, shall call the next licensee in rotation. In that event, the choice of disabled motor vehicle to be towed shall be determined by the licensees in the order in which the licensees arrive at the accident scene. The first licensee to appear on the scene shall assist the police officer in clearing the motor vehicles from the public highway onto the shoulders or side of the highway.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
It shall be unlawful for any licensee on the roster to willfully refuse to tow away any motor vehicle after he has been contacted and designated, provided that his equipment is not otherwise employed or the licensee is physically incapacitated. If the Police Commissioner or his designee, after a hearing, finds any licensee guilty of violating this section, he shall automatically suspend from the roster the licensee for 90 days. Upon completion of the suspension, the licensee shall be returned to the roster as if the application were filed on that date. If a licensee is found guilty a second time of violating this section, his license shall automatically be revoked for a period of two years, whereupon a new application must be made.
B. 
It shall be unlawful for any licensee to refuse to tow a disabled motor vehicle if the owner and person in charge of said motor vehicle is able and willing to pay the charges set forth herein for such services or to refuse to tow such disabled motor vehicle to a repair shop designated by the owner or person in charge of such motor vehicle if such designated repair shop is within the City of Yonkers, provided that the licensee is capable of towing said vehicle.
The licensee shall be liable for the conduct of his agents and/or employees who are operating a tow truck pursuant to this chapter as though the licensee was personally operating such tow truck.
[Amended 11-25-1986 by G.O. No. 18-1986]
No person shall tow or cause to have towed an unauthorized motor vehicle from a private or public parking lot, as heretofore defined, unless the following requirements have been complied with:
A. 
A towing permit shall have been obtained for the premises from the City Clerk and an annual fee of $250 paid to the City of Yonkers for each permit.
[Amended 4-26-2005 by G.O. No. 6-2005]
B. 
A sign of minimum dimensions of three feet by three feet shall be conspicuously posted at each entrance and exit to the parking lot and wherever else the Commissioner deems necessary. Each sign must contain the following information:
[Amended 7-2-1996 by G.O. No. 6-1996]
(1) 
A statement that any car parked without authorization on the premises shall be towed at the owner's expense.
(2) 
The towing fee charged, said fee not to exceed $50.
(3) 
The per-diem storage fee charged, said fee not to exceed $15 per twenty-four-hour period or any part thereof.
(4) 
The permit number.
(5) 
The name, address and telephone number of where the motor vehicle can be claimed.
C. 
Only a person licensed by the City of Yonkers may tow said vehicle from said premises.
D. 
The charge for towing and storage shall not exceed the maximum permitted charges as provided by this chapter.
E. 
It shall be unlawful for a licensed tower to tow from a private or public parking lot unless a permit has been issued to said premises.
F. 
No permit issued hereunder shall be transferred to another premises.
G. 
The City of Yonkers Parking Authority and one-family and two-family residential properties are exempt from this section.
H. 
The owner of the vehicle is to be notified, in writing, by certified mail, within five days of removal. In the event that the owner is not so notified, no additional per-diem charges shall accrue after the fifth day.
I. 
Upon pickup, the licensed tow operator must notify the Police Department radio room of the color, make, year and model of the auto towed from the private property, as well as the date and time. The tow operator must also maintain a running log of all vehicles picked up pursuant to this section, listing the date and time of pickup, the color, make, year and model number of the vehicle picked up and the time of the call to the Police Department and the name of the person receiving the information.
[Amended 11-25-1986 by G.O. No. 18-1986]
A licensee, in applying for a renewal of his license and medallion(s), shall make application not less than 30 days next preceding their expiration, upon forms to be furnished by the Police Commissioner. A ten-day grace period is established during which applications for renewal will be processed. At the expiration of this ten-day period, any unrenewed license shall automatically be revoked.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
It shall be unlawful for any licensee or any auto repair shop to whom a licensee delivers a motor vehicle involved in an accident or otherwise disabled to make repairs without notifying the owner or other person in charge of said disabled vehicle, in writing, of the estimated cost of repairing such vehicle.
B. 
It shall be unlawful for any licensee to enter into an agreement for the repair or for the estimate of repair where the owner or person in charge of the motor vehicle involved in an accident is to be hospitalized because of such accident until the expiration of at least 24 hours from the time of such accident, unless the injured person has, before the expiration of said time, been discharged from the hospital.
C. 
No fee shall be charged, either directly or indirectly, for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled which resulted in towing, without the prior written consent of the owner or agent of the owner of the disabled vehicle.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
It shall be unlawful for any person to solicit towing or bodywork at the scene of any motor vehicle accident, either on private property or on a public highway within the City of Yonkers. It shall also be unlawful for any person, firm or corporation to drive along any public street or highway for the purpose of soliciting towing work or body repair work.
B. 
The mere presence of a tow truck at an accident scene without first having been called by the Police Department shall be presumptive evidence of chasing.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
Any license issued hereunder may be suspended or revoked by the Police Commissioner or his designee after a hearing, upon five days' notice, if the licensee thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any ordinance of the City or be charged with the violation of any vehicle and traffic law, ordinance or regulation of the State of New York or City of Yonkers.
B. 
Any license issued hereunder shall be suspended for a minimum of 30 days, up to a maximum of one year, by the Police Commissioner or his designee if the licensee shall have been found or held guilty of a violation of any provision of this chapter or any regulation or rule adopted hereunder or any ordinance of the City or been convicted of a violation of any vehicle and traffic law, ordinance or regulation of the State of New York or the City of Yonkers.
C. 
A request for a hearing to reinstate a tow license or to contest a suspension must be made, in writing, to the Police Commissioner and be sent by registered or certified mail or given in person within 10 days after the suspension or revocation. The request must state the licensee's contentions on why the license should be reinstated. A hearing will be held within 21 days after receipt of the licensee's request before the Police Commissioner or his designee and a decision rendered within three days. The licensee's license will remain suspended or revoked until a decision is rendered by the Police Commissioner or his designee.
D. 
Any licensee whose license has either been suspended or revoked pursuant to this chapter may appeal said suspension or revocation to the Police License Appeals Board, within 30 days of the date thereof, by notifying the Corporation Counsel, in writing, of the request to appeal and the grounds thereof and attaching a copy of the suspension or revocation.
E. 
There is hereby created a Police License Appeals Board. The Mayor of the City of Yonkers shall appoint to the Board two knowledgeable citizens for a term of one year each and the Corporation Counsel of the City of Yonkers or one of his assistants. The Police License Appeals Board may affirm, reverse or modify any suspension or revocation which has been appealed.
[Amended 11-25-1986 by G.O. No. 18-1986]
A. 
The licensee shall prepare a schedule, in triplicate, of its maximum charges for the towing and storing of disabled vehicles within the City of Yonkers, and all three copies of such schedule shall be filed with the Police Commissioner.
B. 
The following fees shall be the maximum charged for all passenger cars, regardless of weight, for either private towing or towing pursuant to roster call or impound:
[Amended 2-22-2005 by G.O. No. 2-2005]
(1) 
A maximum charge of $125 may be imposed if the vehicle is towed for a distance in excess of 1/2 mile.
(2) 
An additional charge of $5.50 per mile may be imposed for each additional mile or part thereof only where such vehicle is towed outside the geographical limits of the City of Yonkers at the request of the owner.
(3) 
Special equipment.
(a) 
The maximum charge for the use of special equipment shall be:
[1] 
Preparation for tow, labor: $85 per hour.
[2] 
Flatbed tow truck: $150.
[3] 
Use of dolly wheels: $150.
[4] 
Winching from off the roadway: $100.
[5] 
Extraordinary winching: additional fee allowed subject to the Taxi, School Bus and Tow Inspector reviewing and agreeing that said extraordinary winching was necessary.
(b) 
Any police report must indicate that said equipment and/or labor was used.
(4) 
Storage charges shall be at the rate of not more than $35 for each 24 hours or part thereof. All vehicles must be stored on the premises of the licensee, whether indoors or outdoors, and shall not be permitted on City streets.
[1]
Editor's Note: Former §§ 111-27 and 111-28, regarding penalties and enforcement, were redesignated as Art. III, §§ 111-35 and 111-36, respectively, 6-12-2007 by G.O. No. 3-2007.