The purpose of this ordinance is to fairly and uniformly assign,
distribute and regulate the towing of motor vehicles within the Town
of Warwick so as to provide the safest and most efficient service
to its residents and employees. The Town of Warwick hereby authorizes
and designates the Chief of Police of the Warwick Police Department
to control and administer the rotational towing list and to inspect
and approve all applicants and licensees on the rotational list. A
license to provide tow list services within the Town of Warwick must
be obtained from the Town Clerk's office subject to provisions
of this chapter.
All tow companies who wish to apply to be placed on the tow
list for the Town of Warwick and wish to be called on a rotational
basis to remove vehicles from scenes of accidents, disabled vehicles
or vehicles otherwise removed by order of the Warwick Police Department
must comply with the following requirements:
A. The applicant must own, lease, operate and maintain a registered,
working New-York-State-licensed motor vehicle repair facility within
the Town of Warwick. If the applicant does not own the premises on
which the motor vehicle repair facility is situated, a written lease
for the use of the premises or for service from the motor vehicle
repair facility must be provided. Any tow company on the Town of Warwick
towing rotation list that does not comply with this requirement prior
to the date of the adoption of this policy shall not be removed from
the rotation list.
B. The applicant must provide a twenty-minute daytime and twenty-five-minute
nighttime response time to all parts of the town.
C. The applicant must maintain twenty-four-hour capability to answer
emergency calls for towing of motor vehicles. The applicant or one
of its employees shall be reachable by telephone at all times at a
designated number or numbers. Applicants must respond to all requests
for towing from the Warwick Police department on a twenty-four-hour-per-day,
seven-day-per-week basis, without exception.
D. The applicant must have a minimum of one suitable towing flatbed
and one suitable wrecker equipped as required herein to furnish emergency
towing services. All tow companies must have a valid New York State
inspection and registration for each of their tow vehicles. New-York-State-issued
license plates must be registered to the same company as is displayed
on the tow vehicle.
E. The applicant must maintain a secure storage area within the Warwick
Town limits. A secure storage area will include any area entirely
fenced at least eight feet in height and capable of being secured
(locked) in a manner designed to prevent entry.
F. The applicant must pay any license fees required by the Town of Warwick
and comply with all insurance requirements set forth herein.
On each side of every tow truck, the owner shall display, by
painting, decals or other similar means, the name, address and telephone
number of the tow company in letters and numbers not less than three
inches high. No magnetic signs will be accepted.
A tow truck license may be issued subject to the following conditions:
A. A licensed tow company, their agents and employees shall keep and
maintain towing equipment adequate to perform such towing in a reasonable,
competent manner.
B. Each licensed tow company shall record the details of each disabled
vehicle towed, serviced or transported by it or its agents or employees,
with full information concerning the details surrounding the hire,
the name of the owner of the vehicle and the name of the operator
who engaged it. This record shall be open for inspection at all times
to a duly authorized representative of the Warwick Police Department.
C. Licensed tow companies that are on the Town of Warwick's rotating
tow list, if and when called, agree to and must respond with their
equipment.
(1) If a tow company cannot respond, the next available tow company from
the tow list will be dispatched.
(2) If a tow company cannot respond they will be removed from the rotation
list for a period of 24 hours.
(3) In the event a licensed tow company cannot respond they will notify
the Warwick Police communications center of that fact.
(4) Under no circumstance will any tow company who is unable to respond
to a call for service send or contact another tow company to respond.
Tow companies who do not answer a call for assistance or who
fail to arrive at the designated location where assistance has been
requested within the required response time, or which are otherwise
unavailable when called, shall lose their turn on the tow list and
must wait 24 hours before they are eligible to be called again.
A licensed tow company called to the scene of an accident must,
if deemed necessary by the police officer at the scene, sweep away
or clean up any debris, provided that the operator is provided with
police protection from traffic at the scene.
All licensed tow companies must demonstrate that their communication
equipment between the point of incoming calls for assistance and the
farthest point in the town is fully capable of two-way communication
at all times. A two-way radio or mobile telephone shall be considered
adequate for this purpose.
The fee for a tow license shall be that as set forth in the
Town's Schedule of Fees.