[HISTORY: Adopted by the Town Board of the Town of Smithtown
as Ch. 41 of the 1964 Code; amended in its entirety 5-4-1993. Subsequent
amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tow Truck
Ordinance of the Town of Smithtown."
It is, therefore, the purpose and intent of this chapter to
establish an orderly system for the safe and expeditious removal of
damaged and/or disabled motor vehicles from the roads of the Town
of Smithtown, to supervise and control the operation of towing businesses
within the Town, to ensure that, when towing services are selected
from a rotating list maintained at the behest of the Town, motor vehicles
damaged or disabled are towed to convenient and certain locations
and to protect the public from frauds, overcharges 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 in contact with each other or other objects, thereby causing
the vehicles to be inoperable.
A person who is applying for a towing business license.
A motor vehicle repair shop as defined in, and holding a
license as required by, the State of New York Motor Vehicle Repair
Shop Registration Act.[1]
Any place where tow trucks and/or motor vehicles are stored and shall be in compliance with § 281-12E of this chapter.
Any person operating a tow truck upon the roads within the
Town.
A licensed tower called from the duty roster.
Includes any incident where a fee, charge or other consideration
is directly or indirectly imposed for towing, 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 where mechanical repairs of motor vehicles are
conducted.
A tow truck capable of righting and towing a motor vehicle
over four tons, with a minimum sixteen-ton boom capacity.
Includes the control and direction for the use of a motor
vehicle and the use of a vehicle for towing from places within the
Town.
A certificate issued by the Town Clerk.
A person who is the holder of a valid towing permit.
Includes a person owning 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.
The carrying, lifting or moving of a motor vehicle by another
motor vehicle.
The operation of one or more tow trucks for hire.
The unincorporated area of the Town of Smithtown outside
the incorporated villages located within the Town of Smithtown, whether
on private property or on the roads of the Town.
A motor vehicle which is designed or equipped for carrying,
lifting or moving another motor vehicle.
To hoist, haul or push, by a winch not connected with a boom
or not connected to the operation of towing, upon a flatbed.
[Added 2-12-2002]
Includes any fee, charge or other consideration directly
or indirectly imposed by the tower on the owner of a towed vehicle
other than towing, storage or repair of the vehicle.
[1]
Editor's Note: See Vehicle and Traffic Law § 398
et seq.
[Amended 7-22-2003; 4-4-2006; 6-10-2008]
No person, firm or corporation shall operate a tow truck or
other motor vehicle designed for or capable of towing other motor
vehicles for hire within the Town of Smithtown unless such operator
shall have obtained a permit therefor from the Town Clerk as hereinafter
provided, except that such operators whose businesses are principally
housed and/or situated outside the Town of Smithtown may enter the
Town to remove any motor vehicles from any body and fender repair
shop, gasoline service station with facilities for auto repairs or
specialized automobile repair facility or private residence or to
travel through the Town without such permit.
[Amended 7-22-2003; 4-4-2006; 6-10-2008]
A.
No permit shall be issued to any person, firm or corporation unless
the same is actually engaged in the operation of a body and fender
repair shop, gasoline service station with facilities for automotive
repairs or specialized automobile repair facility, which business
is principally housed and/or situated within the Town of Smithtown
and is not in violation of any of the provisions of the Code of the
Town of Smithtown.
B.
Application for permit. To procure a permit pursuant to § 281-4 or any renewal thereof, a verified application shall be made to the Department of Public Safety setting forth the following information:
(1)
The name, residence address and business address of the applicant.
If the applicant is a corporation, partnership or other business entity,
the applicant shall also provide the name and address thereof and
the names and residence addresses for all principals, officers, directors,
partners and members.
(2)
The registration number, vehicle identification number and the make,
model and year of each vehicle to be operated and the equipment on
each vehicle and its lifting and towing capacity.
(3)
The applicant shall furnish the Department of Public Safety with
a full set of the applicant's fingerprints.
[Amended 2-26-2009]
(a)
The applicant shall be charged a fee of $140, which fee shall
include the cost for a full search and retain from the Division of
Criminal Justice Service. Said fee shall be collected by the Town
of Smithtown.
[Amended 12-17-2009]
(b)
The Department of Public Safety shall take the applicant's
fingerprints and forward said prints to the Division of Criminal Justice
Service for a complete criminal background and investigation upon
receipt of the appropriate fee.
(c)
The Director of the Department of Public Safety shall review
all information provided by the Division of Criminal Justice Service
in connection with the applicant's criminal background and investigation.
(4)
If the applicant is a corporation, partnership or other business
entity, the applicant shall furnish the name, address, and date of
birth of each and every principal, officer, director, partner, and
member, as well as the percent of ownership interest of each such
person, and an affidavit from each such person describing his or her
duties and responsibilities.
(5)
The applicant shall provide a record of a prior conviction or convictions
of any crime for which the applicant plead or was found guilty. If
the applicant is a corporation, partnership or other business entity,
it shall also provide a record of a prior conviction or convictions
of any crime for which it plead or was found guilty.
(6)
The applicant shall provide a list of any and all pending lawsuits
to which it is a party and an explanation of each pending lawsuit,
including any civil, criminal or administrative proceeding.
(7)
The applicant shall provide a statement affirming that any premises
utilized for the storage or repair of any vehicle is in full compliance
with all applicable law, rules or regulations and has full site plan
approval. No permit shall be issued unless the applicant demonstrates
that any storage is permissible in the zoning district in which said
vehicles or equipment is located and all permits have been obtained.
(8)
The applicant shall provide a statement of the location of the storage
area of the listed vehicles.
(9)
The applicant shall provide any other information or documentation
required by the Town Clerk and/or Department of Public Safety for
the purpose of implementing the intent of this chapter.
(10)
Each vehicle operated by the permittee shall be insured for
a minimum $100,000/$300,000 bodily injury and $15,000 property damage
automobile liability insurance; and the business shall be insured
with general liability insurance by an insurance company duly authorized
by the New York State Insurance Department to do business in the State
of New York.
(11)
The following shall accompany all applications for a tow truck
permit:
(a)
Department of Public Safety Inspection Report of Vehicle(s).
(b)
Copies of insurance identification cards and policies indicating
coverage and limits as required under this chapter.
(c)
Proof of workers' compensation insurance; or workers'
compensation insurance waiver if the applicant is a sole proprietor.
(d)
Copies of New York State registrations for all vehicles, which
shall be in the applicant's and/or business's name.
(e)
A certificate of occupancy for the premises.
(f)
A New York State motor vehicle repair shop certificate and number.
(g)
A New York State sales tax certificate of authority.
(h)
A site inspection report from the Department of Public Safety
Investigation Division.
(i)
Day, evening and emergency telephone numbers.
(j)
Copy of rental/lease agreement if premises not owned by applicant.
(k)
Individual photographs (three of each principal, each two inches
by two inches).
(l)
Business certificate (UCC verification if required).
(m)
Business seal and notarized statements of acceptance and compliance.
C.
All applications and documentation shall be submitted to the Department
of Public Safety by December 30 of each year preceding the year for
which the applicant seeks a permit. Upon receipt of any such application
and documentation, the Department of Public Safety shall review same
and shall verify the truth and accuracy of said application and documentation.
The Department of Public Safety, in order to establish the truth or
accuracy of the information contained in the application, may request
any information pertinent to the processing of said application and
may, as necessary, request any additional information during the application
process and for the entire term of said permit. If the Department
of Public Safety cannot confirm the truth or accuracy of said material
contained in the application; or if it determines that a material
misrepresentation is contained therein; or if the applicant shall
have been convicted of a misdemeanor or felony which is determined
to render the applicant unfit to carry on the aforesaid operation;
provided, however, that proper consideration is given to New York
State Correction Law §§ 701 through 703-b and §§ 751
through 753 in making any such determination; or if it determines
the applicant to be unfit or incapable of properly conducting the
aforesaid operation, it shall issue a report to the Town Clerk, who
shall deny said application. The Town Clerk shall notify the applicant
within 30 days after receipt of a completed application as to whether
the application shall be approved or denied. If the application is
denied and the applicant has been operating within the Town prior
to the denial, then the applicant shall discontinue all operations
within the Town of Smithtown within 30 days of such notification.
An applicant who is denied a permit hereunder may request a review
by the Town Board, which shall, upon such request, review the basis
for such denial and shall determine whether such denial shall be affirmed
or reversed.
[Amended 2-26-2009]
D.
Prior to receiving any permit issued pursuant to the provisions of
this chapter, the recipient of said permit shall sign a sworn statement
that said permittee has:
(1)
Read all terms, conditions, requirements and provisions of this chapter;
(2)
Understands the terms, conditions, requirements and provisions of
this chapter;
(3)
Agrees to abide by all terms, conditions, requirements and provisions
set forth in this chapter; and
(4)
Understands and agrees that any violation of any term, condition,
requirement or provision of this chapter may result in an immediate
suspension of all permits issued under this chapter to the permittee,
until such time as a permit revocation hearing can be held and determination
is made thereon.
Each vehicle for which a permit has been issued shall have a
medallion securely affixed to or printed on its driver's side
and shall have legibly inscribed permanently on its side and printed
in letters not less than three inches high the name and business address
of the permittee and the permit number assigned to the vehicle.
Every permit issued pursuant to this chapter shall expire on
the first day of February following the issuance thereof.
It shall be unlawful for any vehicle for which a permit has
been issued to be operated on any public or private street or highway
within the Town of Smithtown for the purpose of soliciting towing
and/or repair work at the scene of any motor vehicle accident or breakdown
on private property or on a public or private street or highway.
[Amended 6-10-2008]
A list of all persons, firms and corporations operating vehicles
for which permits have been issued shall be provided to the Fourth
Precinct of the Suffolk County Police Department by the Department
of Public Safety for the purpose of allowing the equitable distribution
of all towing operations, including responses to accidents and mechanical
breakdowns causing the obstruction of traffic.
A.
Any permittee that meets the requirements set forth in § 281-12 shall be placed upon an approved list of responding vehicles at the Fourth Precinct of the Suffolk County Police Department. That permittee may be called upon to remove disabled motor vehicles from public highways within the Town of Smithtown, called the "accident roster." At the permittee's option, he/she may be placed on the non-accident roster at the Suffolk County Police Department. From such list the permittee may be called to remove motor vehicles, which are obstructing traffic as a result of mechanical breakdowns, from the public highways within the Town of Smithtown. The applicant may notify the Fourth Precinct that he/she does not wish to be placed on one or more of the various rosters.
B.
Any permittee that has been placed on the accident and/or non-accident
roster and that operates one or more vehicles with a lifting and towing
capacity in excess of four tons shall be placed on an additional approved
list of responding vehicles at the Fourth Precinct of the Suffolk
County Police Department. That permittee may be called to remove vehicles
from the public highways within the Town of Smithtown which are involved
in accidents and/or mechanical breakdowns and which the police officer
at the scene has determined to require heavy towing equipment, which
list shall hereinafter be referred to as the "heavy-duty roster."
C.
Any permittee that has been placed on the accident, nonaccident or
heavy-duty roster and that operates a vehicle capable of a flatbed
tow shall be placed on an additional approved list of responding vehicles
at the Fourth Precinct of the Suffolk County Police Department. That
permittee may be called to remove vehicles from the public highways
within the Town of Smithtown which are involved in accidents and/or
mechanical breakdowns and which the police officer at the scene has
determined to require a vehicle capable of flatbed towing, which list
shall hereinafter be referred to as the "flatbed roster."
[Added 4-10-2001]
No permittee shall be placed upon an approved list of responding
vehicles by the Fourth Precinct unless the following requirements
are met:
A.
The permittee shall maintain a twenty-four-hour towing service to
respond to emergency calls.
B.
Each vehicle operated by the permittee shall be equipped with a crowbar,
a shovel, emergency flashing red lights affixed to said tow truck,
a working broom, a hacksaw, an axe, a CO2 foam
fire extinguisher, a carton containing at least one dozen red railroad-type
flares, dual rear wheels or four-wheel drive, a push bar, a tow bar,
a lifting boom, a power-operated winch with a four-ton minimum lifting
capacity, dolly wheels or flatbed carrier, flashing hazard lights
(a minimum of two red facing the rear of the truck and a minimum of
two amber facing the front of the truck), an emergency first-aid kit,
safety chains, a minimum of 100 feet of three-eighths-inch steel cable
and jumper cables.
C.
Each vehicle operated by the permittee shall be insured for a minimum
$100,000/$300,000 bodily injury and $15,000 property damage automobile
liability insurance; and the business shall be insured with general
liability insurance by an insurance company duly authorized by the
New York State Insurance Department to do business in the State of
New York.
[Amended 6-10-2008]
D.
Rates and charges.
(1)
The permittee shall agree to charge not more than the following maximum
rates for towing, regardless of the distance, within the Town of Smithtown
when called by the Suffolk County Police Department, Fourth Precinct.
[Amended 2-12-2002; 3-26-2002; 4-4-2006; 12-14-2010; 4-24-2014]
(a)
Passenger cars.
[1]
For all passenger cars, regardless of weight, and all other
motor vehicles with a weight of not more than two tons: $125 per tow
at all times.
[2]
For all dolly tows: $60 in addition to the normal charge.
[3]
For all flatbed tows: $160 only when a vehicle is incapable
of being towed by a conventional tow truck and the police officer
at the scene deems the necessity of a flatbed tow.
[4]
For winching: A flat fee of $45.
(b)
Other.
[1]
For trucks, buses and all other motor vehicles with a weight
of two tons or more: $250 per tow, heavy-duty.
[2]
A reasonable extra charge may be made of $75 per half hour for
labor and services to right an overturned truck or automobile or motor
vehicle or to remove from the highway any motor vehicle incapable
of being towed, at any time of the day or night.
(c)
For storage: $30 per day or any part thereof and $35 per day
after seven days.
(d)
The charging of yard fees is prohibited.
(e)
Speedy Dry: $10 per bag.
(2)
The permittee shall not solicit or receive any consideration, commission
or other endorsement from any source, other than the above charges,
for the delivery of any vehicle to any location and/or body shop,
repair shop or specialty garage. The charging of a fee to clean up
an accident scene is prohibited.
(3)
The Town Board may modify, from time to time, any rate, charge or
fee set forth under this chapter by Town Board resolution.
E.
The permittee shall maintain on its premises a six-foot-high fenced
containment area of not less than 2,500 square feet with a locked
gate for the storage of disabled, damaged or wrecked vehicles removed
from public property under the provisions of this chapter. This containment
area shall be used by one permittee only, and there shall be only
one containment area per site.
F.
The permittee shall agree to respond to all emergency calls of the
Fourth Precinct Desk Officer, Suffolk County Police Department, regardless
of the hour of the day or the distance to the scene of the call, provided
that its equipment is not otherwise employed or deployed and provided
that the designated point is within the Town of Smithtown.
G.
Any person removing a wrecked or damaged vehicle from a highway shall
remove any glass or other injurious substance dropped upon the highway
from such vehicle pursuant to the New York State Vehicle and Traffic
Law § 1219(c).
H.
No permittee shall refuse or fail to remove a wrecked, damaged or
disabled vehicle from a road, street or highway after having agreed
to respond to an emergency call for the purpose of removing said vehicle.
[Added 3-11-1997]
A.
The Precinct Commander of the Fourth Precinct, Suffolk County Police Department, shall cause to be placed upon each roster, by name, principal, location and telephone number, each permittee that has complied with the requirements set forth in § 281-12.
B.
Permittees shall be placed on each roster in the order in which they
are approved, and each permittee shall be entered only once regardless
of how many vehicles for which it holds permits or how many locations
it operates from.
C.
The Precinct Commander of the Fourth Precinct, Suffolk County Police
Department, shall require that a copy of each roster be on file at
the communication desk at the Fourth Precinct.
D.
The Suffolk County Police Department is hereby authorized to designate
one permittee at a time from each roster on a call-to-call basis in
the order in which they appear on the roster to receive emergency
calls from the Fourth Precinct, and each such permittee in turn shall
be known as the "duty operator."
E.
Should more than one tow truck be deemed necessary by the police
officer in charge at the scene, the duty operators shall be sent to
the scene in rotation and shall have their choice of vehicles according
to that rotation. The first to arrive, however, shall assist the police
officer or officers in clearing vehicles and debris from the public
highway, regardless of their place in the rotation.
F.
In any case where a duty operator has not arrived at the scene within
30 minutes from the dispatch time, to be recorded by the Fourth Precinct
of the Suffolk County Police Department, or has arrived with equipment
not adequate to perform the requested services, he shall lose his
turn in the rotation and shall not be entitled to receive any compensation
for responding.
Any owner or operator of a vehicle involved in an accident or
a mechanical breakdown causing obstruction of traffic may request
a permittee other than the duty operator, provided that the permittee
is on one or more rosters and the request is made to the police officer
in charge at the scene before an emergency call is made.
Any owner or operator of a vehicle involved in an accident or
a mechanical breakdown causing obstruction of traffic may request
the duty operator to remove the vehicle to a body and fender shop,
gasoline service station with facilities for auto repairs or specialized
automobile repair facility or private residence located in the Town
of Smithtown other than the duty operator's premises, provided
that the request is made, in writing, on an approved form which shall
be supplied by the duty operator.
A.
Each permittee on a roster must maintain a written record of all
tow and service calls within the Town of Smithtown. These records
will include the name and address of the vehicle owner, the time and
date of the call, the location of the disablement, the location of
the destination of the tow and the amount charged.
B.
These written records will be made available to any investigating
authority for a period of six months from this date.
[Amended 9-7-1993]
The Town of Smithtown may request that the Suffolk County Police
Department, Fourth Precinct, remove from one or more rosters any permittee
whom the Department of Public Safety Investigation Division has determined,
after investigation, has failed to abide by any one or more of the
requirements set forth in this chapter.
A.
Permits issued under the provisions of this chapter may be suspended
or revoked by the Town Board of the Town of Smithtown after notice
and hearing for any violation of the provisions of this chapter.
B.
Notice of the hearing for revocation of a permit shall be given in
writing, setting forth specifically the grounds of the complaint and
the time and place of said hearing. Such notice shall be mailed, postage
prepaid, to the permittee at his last known address at least 10 days
prior to the date set for hearing. Said hearing shall be conducted
in a manner wherein the accused permittee is afforded due process
of law.
C.
At the conclusion of said hearing and as a result of the evidence
adduced therein, the Town Board may, in its discretion, revoke said
permit or, in lieu thereof, suspend the subject permit for a specified
period of time and/or censure the permittee and/or impose a fine not
to exceed $5,000.
A.
The Town Clerk shall publish notice of the time and place of any
hearing provided for herein, which shall be previously set by the
Town Board. The notice shall contain the subject matter of the hearing
and the date, place and hour designated therefor. In addition, if
the hearing is for revocation or suspension of a permit, the Town
Clerk shall mail a copy of said notice to the permittee concerned
at the business address shown upon the most recent application of
such permit, not less than 10 days nor more than 20 days from the
date fixed for the public hearing.
B.
The notice required herein shall be published at least once in a
newspaper of general circulation in the Town of Smithtown, no less
than 10 days nor more than 20 days from the fixed date.
C.
Upon any hearing for the suspension or revocation of a permit, the
permittee involved shall be entitled to be represented by legal counsel
and to present such testimony or other evidence in his own behalf
as may be relevant to the subject matter of the hearing.
Any person, firm, association or corporation violating any of
the above-mentioned provisions of any ordinances of the Town of Smithtown
shall be guilty of an offense punishable by a fine or imprisonment,
or both. However, for the purpose of conferring jurisdiction upon
the courts, such violations shall be deemed misdemeanors. Equipment
violations shall be subject to a mandatory sum of $50 and any subsequent
equipment violation not to exceed $200. Notwithstanding the foregoing,
any person, firm, association or corporation violating any other provision
of this chapter shall be subject to a penalty in a sum not exceeding
$2,500 or imprisonment for a term not exceeding 15 days; and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues. A conviction under this chapter is
a violation of the law. In addition to such fine, the defendant shall
pay all costs and expenses incurred by the Town in determining such
violation. The foregoing shall be in addition to all remedies available
under the law to the Town of Smithtown.
This chapter shall take effect immediately upon its adoption
and publication in accordance with the provisions of the Town Law.
