[HISTORY: Adopted by the Common Council of
the City of Peekskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-25-1993 (Ch. 290, Art. I of the 1984 Code)]
The provisions of the former Chapter 290 of
the City Code of the City of Peekskill relating to the regulation
of vehicles and traffic in the City of Peekskill[1] are hereby constituted to be Administrative Regulations
of the City of Peekskill and shall be designated as Part 290 of the
Regulations of the City of Peekskill. Said Administrative Regulations
shall be maintained by the office of the City Clerk and the office
of the Chief of Police of the City of Peekskill, and the City Clerk
shall at all times maintain a copy of such regulations to be available
for inspection by the general public.
[1]
Editor's Note: Former Ch. 290, Vehicles and
Traffic, was adopted 1-13-1986.
All of the various rules, regulations, ordinances
and local laws formerly contained in Chapter 290 of the City Code
of the City of Peekskill are hereby adopted, confirmed and ratified
by this Common Council and same shall constitute Part 290 of the Administrative
Regulations of the City of Peekskill as of the effective date of this
resolution. All previously existing violations which have been charged
under the former Chapter 290 shall be deemed to remain outstanding
charges pursuant to these regulations.
A.
The Common Council, upon the advice of the City Manager
and the Chief of Police, shall promulgate, modify and amend the rules
and regulations of the City of Peekskill herein codified by majority
vote of the Common Council. Upon the promulgation, adoption, modification
or amendment of any such rule or regulation, the City Clerk shall
post a copy of such rule or regulation in the following locations
within five days after the adoption thereof:
B.
The adoption of a resolution amending or promulgating
a rule or regulation at a public meeting of the City Council, together
with the posting of such regulation as set forth in this section,
shall be deemed to constitute public notice of said rule or regulation;
provided, however, that upon the inclusion of such regulation in the
compilation of Part 290 maintained by the City Clerk, the failure
to post such regulation as set forth herein shall not be deemed to
effect the viability of any such regulation.
[Adopted 6-13-2011 by L.L. No. 4-2011]
The City of Peekskill finds that the towing of motor vehicles
at the direction of the City of Peekskill is a matter affecting the
public interest and consequently should be subject to supervision
and administrative control for the purpose of safeguarding the public
against fraud, exorbitant rates and similar abuses. The operation
of towing vehicles is a private business and persons engaged therein
are entitled to a fair and reasonable return therefrom. However, it
is against the public interest for persons rendering this type of
service at the direction of the City of Peekskill to derive excessive
profits from exorbitant rates. It is of vital importance to the traveling
public that disabled or abandoned vehicles be removed from the highways
as promptly as possible. Delayed removal results in delays in the
movement of traffic, unnecessary congestion, and street accidents.
Investigation of the towing vehicle business leads to the inevitable
conclusion that it is necessary that maximum charges and controls
be established for the services rendered by towing vehicle operators
and owners, at the direction of the City of Peekskill, which will
afford reasonable profit and at the same time protect the public from
fraud, exorbitant rates, traffic hazards, unnecessary delays and street
congestion.
As used in this article, the following terms shall have the
following meanings:
Any instances where a fee, charge or other consideration
is directly or indirectly imposed for towing, carrying, recovering
or removing a motor vehicle. It shall also include any case where
a licensee under this article or any other person makes repairs on
the vehicle for a consideration, although no charge is imposed for
towing the vehicle.
The moving, removing or recovering of a motor vehicle by
another motor vehicle for hire.
A motor vehicle that, for hire, tows, carries, recovers or
removes another motor vehicle that is disabled, abandoned, seized
by law enforcement or involved in an accident.
The Chief of Police shall have power to promulgate and prescribe
rules and regulations for the proper and efficient administration
and enforcement of this article in supplement to the following requirements:
A.
Towing vehicle contractors that provide towing services for the City
of Peekskill shall furnish all services included in this policy on
a twenty-four-hour-per-day, seven-days-per-week basis. Any person(s)
requesting services pursuant to this policy shall be provided service
in full compliance herewith.
B.
Applicants shall have the capability to tow all classifications of
motor vehicles and:
(1)
Maintain a secured, fenced storage area to keep vehicles safe from
vandalism and theft;
[Amended 3-12-2012 by L.L. No. 3-2012]
(2)
Be able and willing to dispose of abandoned vehicles, as defined
by New York State Vehicle and Traffic Law § 1224, and to
prepare the necessary documentation for signature by the City for
mailing to owners and lienholders, with the costs of such mailing
to be borne by the towing vehicle company;
(3)
Be willing and able to tow illegally parked vehicles and/or those
vehicles requiring tow services due to emergencies such as weather.
C.
D.
Licensed tow company owners shall not be permitted to enter into
any form of collusive agreement(s) with other licensed or nonlicensed
tow companies to "cover" for each other. Each licensed company will
be responsible for deploying its personnel to a tow request within
the mandated time of 30 minutes.
E.
Any violation of Subsection D, as noted above, shall be grounds for revocation of license(s) and immediate removal from all City of Peekskill tow lists.
F.
The licensee shall not release any motor vehicle without first obtaining
an official City of Peekskill release form.
G.
All tow operators responding to disabled vehicle and/or accident
requests for tow shall maintain equipment for the purpose of cleaning
debris from the roadway and shall render such service as required
in § 1219(c) of the Vehicle and Traffic Law of the State
of New York. All tow operators shall be responsible for reasonable
environmental cleanup of hazards, such as, but not limited to, motor
oil, transmission fluid, radiator fluid, etc.
H.
All approved applicants shall be placed at their request on one or
both rotating call lists, subject to holding appropriate facility
certificates from the New York State Department of Motor Vehicles.
Two separate tow lists shall be maintained by the Police Department
and consist of:
[Amended 3-12-2012 by L.L. No. 3-2012]
I.
An applicant wishing to tow mechanically disabled vehicle(s) involved
in accidents or vehicle(s) involved in accidents with auto body damage
must maintain a current State of New York repair shop (“RS”)
or repair shop body (“RSB”) facility certificate; maintain
a towing vehicle license under this article; operate in conformance
with all local, state, and federal regulations, including but not
limited to possessing a certificate of occupancy which permits an
auto repair facility; and maintain a secured, fenced storage area
to keep vehicles safe from vandalism and theft, all within City of
Peekskill limits or within two miles of such limits;
[Amended 3-12-2012 by L.L. No. 3-2012]
K.
An applicant wishing to tow abandoned, impounded, and all other vehicles
which are not disabled or involved in accidents must maintain a towing
vehicle license under this article; operate in conformance with all
local, state and federal regulations, including but not limited to
possessing a certificate of occupancy which permits a vehicle storage
facility; and maintain a secured, fenced storage area to keep vehicles
safe from vandalism and theft within City of Peekskill limits.
L.
Any missed request for service will cause the licensee to fall to
the end of the list.
M.
The first tow operator to arrive at a multi-vehicle accident scene
shall have preference of choice of vehicle to tow if the driver of
the chosen vehicle approves. On-scene police officer(s) shall have
authority to override the first responding tow operator should he/she
determine a public safety need.
N.
Police officers shall not recommend a particular tow company just
as they are prohibited from making recommendations for any other professional
service.
The owner or lessee of each towing vehicle shall file with the
Chief of Police a schedule of maximum prices charged for the towing
and storage, at the direction of the City of Peekskill, of disabled
motor vehicles, the maximum charges for towing to not exceed those
set forth below. No towing vehicle owner or operator or other person
employed by the owner shall base any towing charge upon estimating.
The maximum charges for outside storage and inside storage in
connection with towing at the direction of the City of Peekskill shall
not exceed those charges set forth below:
A.
Maximum storage charges, in connection with towing at the direction
of the City of Peekskill.
It shall be unlawful for any person to demand or receive any
payment in excess of the maximum charges authorized under this article.
On each side of each towing vehicle, there shall be legibly
inscribed the name and address of the owner of the towing vehicle
and the license number assigned to such vehicle by the Chief of Police.
Letters and numerals required by this section shall not be less than
1 1/2 inches in height.
The owner or driver of any disabled motor vehicle shall have
the right to require the service of any available towing vehicle and
it shall be unlawful for any owner or driver of any towing vehicle
to refuse to render such services if the owner or driver of the disabled
motor vehicle is able and willing to pay the fee prescribed by the
owner of the towing vehicle with the Chief of Police, except that
the maximum charges for motor vehicles towed, at the direction of
the City of Peekskill, shall not exceed those authorized under this
article. However, the obligation to render service under this section
shall not apply if it is physically impossible for a towing vehicle
to tow a disabled vehicle or if a towing vehicle is already going
to or returning from a towing job.
A towing vehicle owner or operator shall not remove a motor
vehicle involved in any accident without an authorization therefor
signed by the owner of the vehicle or other person in charge, on a
form prescribed by the Chief of Police unless the owner is unable
to authorize the tow because of injury or incapacitation. The authorization
shall be for the towing and storage of the vehicle only, and shall
show the rates to be charged for towing and storing the motor vehicle,
except that the maximum charge for motor vehicles towed, at the direction
of the City of Peekskill, shall not exceed those authorized under
this article. It shall be unlawful for a towing vehicle owner or operator
to use any other form than that prescribed by the Chief of Police.
A.
No fee shall be charged either directly or indirectly by the owner
or operator of a towing vehicle for making an estimate of repairs
unless the estimate is specifically ordered in writing, signed by
the owner of the vehicle involved in an accident, which writing shall
contain the fee to be charged for the estimate.
B.
It shall be unlawful for a towing vehicle owner or operator or any
other person to make repairs for a consideration on any motor vehicle
involved in an accident and removed by a towing vehicle without first
entering into a signed agreement with the owner or other person in
charge of such motor vehicle estimating the cost of repairs. The form
to be used for such an agreement shall be prescribed by the Chief
of Police.
A.
It shall be unlawful to operate a towing vehicle in the City of Peekskill
unless the owner or lessee thereof shall have obtained a license therefor
issued by the Chief of Police; however, no license shall be required
of any City agency for towing or removing vehicles, and further provided
that no license shall be required of any towing vehicle engaged in
towing a motor vehicle from a point outside the City limits to a point
inside the City. The annual fee for licensing of towing vehicles for
towing and storage at the direction of the City of Peekskill shall
be set forth in the Consolidated Fee Schedule maintained in the office
of the City Clerk.
[Amended 10-27-2014; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
B.
Application for a license required by Subsection A shall be made in writing to the Chief of Police upon such forms as the Chief shall prescribe. The forms shall include:
(1)
The name, address, age and business address of applicant;
(2)
The registration number of each towing vehicle to be operated;
(3)
A schedule of rates as provided for in this article, for towing and
storage at the direction of the City of Peekskill;
(4)
Proof of insurance as required by the Chief of Police in accordance
with the rules and regulations;
C.
A towing vehicle shall be licensed pursuant to this section, only
after it has been thoroughly examined and inspected and found by the
Police Department to comply with such rules and regulations as may
be prescribed by the Police Chief. The Police Chief shall not issue,
or if a license has been already issued shall suspend, the license
of any vehicle found to be unfit for operation as a towing vehicle.
D.
Each licensed towing vehicle shall be issued by the Chief of Police,
a vehicle decal for each towing vehicle identified by the licensee
as a vehicle which will be used in connection with the licensed activities.
Such vehicle decals shall be conspicuously displayed in the towing
vehicle(s) used in connection with the licensed activities during
the term of the license, and shall be removed upon expiration, suspension
or revocation of said license. Failure to display said decal shall
be punishable by a minimum fine of $250 and a maximum fine of $1,000.
E.
The City Manager shall hear appeals from any disapproval, revocation,
or suspension of a towing license. The decision of the City Manager
shall be rendered following hearing on at least 10 days' written
notice therefor and shall be deemed final administratively.
All licenses issued pursuant to this article shall expire on
the last day of December next succeeding the date of issuance thereof.
License fees shall not be prorated.
No towing vehicle license shall be assigned from one person
to another unless in connection with a bona fide sale of the owner's
business, in which case the Police Chief shall have the power to approve
an assignment of the towing vehicle license.
A.
The Chief of Police shall have the power to suspend or revoke any
license issued pursuant to this article for any violation of law,
the City Code, the provisions of this article, or of any of the rules
and regulations promulgated by the Chief of Police.
B.
The City Manager shall hear appeals from any disapproval, revocation,
or suspension of a towing license. The decision of the City Manager
shall be deemed final administratively.
Any person who violates or refuses to comply with any of the
provisions of this article shall be guilty of a violation and shall
be punished by a fine of not less than $250, or more than $1,000,
each and every day a violation occurs or continues under this article,
or imprisonment for not more than 15 days, or both.
