[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:
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.
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).
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]
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]
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]
A motor vehicle that is unable to be moved or driven by its
own power.
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]
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.
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.
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.
A certificate issued by the City of Yonkers to allow a person
to engage in towing.
A person who is the holder of a valid license.
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]
Includes the control, direction and use of a vehicle for
towing from places within the City.
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.
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.
Includes an individual, partnership, unincorporated association,
corporation or any other entity.
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]
Either:
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
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.
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.
The carrying, lifting or moving of motor vehicles by another
motor vehicle for hire.
A motor vehicle which is equipped and/or used for the purpose
of carrying, lifting and removing a motor vehicle.
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]
[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.
