GENERAL REFERENCES
Licensing and regulations of taxicabs and limousines — See Ch. 185.
[1]
Editor’s Note: This local law also repealed former Ch.
183, Tow Cars, adopted 1-20-1970 by L.L. No. 4-1980, effective 1-28-1970,
as amended.
It is hereby determined and declared that the delay in the removal
of damaged and disabled motor vehicles from the public highways of
the Town of Hempstead is found to result in traffic congestion, cause
accidents and interfere with the free movement of the traveling public.
Therefore, it is of vital importance to ensure that damaged and disabled
vehicles are safely removed from the streets as promptly as possible.
That motorists whose vehicles have become damaged and/or disabled,
or who may have been injured in a vehicular accident, are frequently
concerned with more pressing problems than the removal of their vehicles
or, as a result of absence or injury, are unable to do so. That in
the past, motor vehicles damaged as a result of accidents have been
towed to places where they could not be located or, when located,
could not be repaired, thus causing the owner a loss of time, confusion
and additional expense. That the practice commonly referred to as “chasing,”
wherein the tow car operator endeavors to arrive at the scene of an
accident rapidly in order to obtain the tow business, constitutes
a clear and imminent danger to the public. That unfair competition
has occurred among tow car operators and that, in the past, members
of the motoring public have been victims of fraud, overcharges and
similar abuses in connection with towing services.
It is further found and determined that the nonconsensual removal
of privately owned motor vehicles from private and publically owned
parking lots has, in the past, caused extreme hardship to the owners
of towed vehicles who have been unable to locate their automobiles,
left stranded, frequently in unfamiliar locations, and without the
ability to timely and safely secure the release/return of the vehicle.
It is further determined that members of the public, faced with the
unexplained disappearance of their vehicle, are frequently confused
and frightened, and have been the victims of fraud and subject to
exorbitant tow rates to secure the release of the vehicle. These circumstances
have also imposed an improper and unnecessary burden upon local and
county police departments whose members are called to assist the motorist.
Prior experience has demonstrated the need for investigation
and review of the past conduct of applicants, in the interest of promoting
public safety, morals, welfare, economic well-being and highway safety.
The provisions of this chapter are intended to provide for security
of our citizens, residents and taxpayers upon the public highways
of the Town; to safeguard members of the public against fraud; and
to prevent congestion and unsafe conditions on the streets of the
Town.
It is the legislative intent of this article to prevent potential
abuses in the nonconsensual towing of motor vehicles which have become
disabled upon the public highways and streets of the Town of Hempstead
and to prevent such vehicles from being towed or removed to distant
or inconvenient locations, at the expense of the vehicle owner and
without their prior knowledge, consent and/or authorization. It is
further the intent to prohibit the imposition of exorbitant rates
for emergency towing services.
It is further declared to be the legislative intent of this
chapter to prevent potential abuses in the nonconsensual towing-for-hire
industry, where a motor vehicle which has been parked on private property
without the authorization of the property owner might be towed or
removed over the public streets, roads and highways of the Town of
Hempstead, at the expense of the vehicle owner, without their prior
knowledge, consent and/or authorization, and to further prevent the
vehicle owner from being charged an exorbitant rate for the towing
and/or redemption of their vehicle.
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 roadways of the Town
of Hempstead; to supervise the control and operation of nonconsensual
towing businesses within the Town; to ensure that towing services
for the removal of damaged and disabled motor vehicles from the public
highways are performed pursuant to a rotational list and are removed
to locations where they may be safely and securely stored; and to
protect the public from frauds, overcharges and similar abuses.
A.
ACCIDENT
AUTHORIZED AGENT
BOOT OR BOOTING
COUNTY
DISABLED VEHICLE
FOR HIRE
LICENSEE
PERSON
PRIVATE PARKING LOT
RESTRICTED OWNER'S LICENSE
RESTRICTED TOW CAR
REVIEW BOARD
SCENE OF AN ACCIDENT
SOLICIT
TERMINAL
TOW
TOW CAR
TOW CAR DRIVER or TOW CAR OPERATOR
TOW CAR INSPECTOR
TOW CAR OWNER
TOWN
UNRESTRICTED OWNER'S LICENSE
UNRESTRICTED TOW CAR
VEHICLE
VEHICLE OWNER
Definitions. Unless otherwise expressly provided, for the purpose
of this chapter, the following words shall have the meanings herein
indicated:
Any incident or occurrence in which one or more vehicles
come into contact with each other or another object, thereby causing
personal injury or property damage.
A person, excluding the tow car owner, tow car driver, or
any employee thereof, authorized by the owner of a private parking
lot to act on the owner's behalf.
The act of placing on a parked vehicle a mechanical device
that is designed to be attached to the wheel or tire or other part
of such vehicle so as to prevent its movement.
The geographical area of the County of Nassau, including
the territory contained within the City of Long Beach, the City of
Glen Cove and the incorporated villages within the County of Nassau.
A vehicle unable to be driven on the public highways or public
property by its own propulsion.
Includes any incident where a fee, charge or other consideration
is, directly or indirectly, imposed for towing, carrying or removing
any vehicle, and shall be inclusive of repairs made on a towed vehicle
for a consideration, although no charge is expressly imposed for the
towing of such a vehicle.
Any person licensed by the Town as either a tow car owner
or tow car driver pursuant to this chapter.
Includes an individual, partnership, unincorporated association,
corporation, limited liability company, limited liability partnership,
or other entity.
Any area or areas of private property near or contiguous
to any establishment provided in connection with the premises having
one or more stores, business establishments or residences and used
by the public as a means of access to egress from such stores, businesses,
and residences and for the parking of motor vehicles of customers,
patrons, and residents of such stores, businesses and residences.
A license issued to a tow car owner authorizing the holder
thereof to engage in tow car operations other than responding to the
scene of an accident or removing a vehicle from the scene of an accident.
A tow car authorized to engage in tow car operations other
than responding to the scene of an accident or removing a vehicle
from the scene of an accident.
A board consisting of three individuals appointed by the
Town Board who have attained the title of at least Deputy Commissioner
to hear any appeal of or from the provisions of this chapter.
An area of a street or private property where an accident
has occurred or to which a vehicle is removed to prevent obstruction
of traffic and will remain so until the vehicle(s) is removed either
under its own power or by a properly licensed unrestricted tow car.
To entreat, to approach with a request or plea, to strongly
urge, to accost or to try to obtain by asking.
Any place of business located within the county, or within
a city or incorporated village located within the county, which is
utilized by the tow car owner for the storage of vehicles after they
have been towed and where the tow car owner maintains a licensed tow
car to respond to calls regarding vehicles.
To move a vehicle from public or private property by another
vehicle for hire.
A vehicle which is either towing or is equipped with a crane,
winch or similar device designed to raise, push, pull, remove or carry
a vehicle or the front or rear end thereof.
Any person licensed by the Town to drive, control, direct,
operate, or use a tow car within the enforcement jurisdiction of the
Town, for hire.
An agent and employee appointed by the Town Clerk of the
Town, or other municipal official, whose duty it is to enforce the
provisions of this chapter by the issuance of appearance tickets and
to perform other duties requisite to enforcement.
Includes a person, partnership, unincorporated association,
corporation, limited liability company, limited liability partnership,
or other entity which owns, leases or controls one or more tow cars
and causes any such tow car to be operated within the enforcement
jurisdiction of the Town, for hire.
The geographical area and political subdivisions of the Town
of Hempstead.
A license issued to a tow car owner authorizing the holder
thereof to engage in all tow car operations.
A tow car authorized to engage in all tow car operations.
A motor vehicle, as defined in § 125 of the Vehicle
and Traffic Law of the State of New York; a bus, as defined in § 104
of such law; a tractor, as defined in § 151-a of such law;
a trailer, as defined in § 156 of such law; or a truck,
as defined in § 158 of such law.
A person who owns or operates a vehicle which is subject
to towing or has been towed by a tow car owner or tow car driver.
B.
Word usage. When not inconsistent with the content, the present tense
shall include the future, and words used in the plural shall include
the singular and vice versa. Whenever words of the masculine or feminine
gender appear they shall be deemed to refer to both male and female
persons. Furthermore, the word "shall" is mandatory and the word "may"
is permissive.
A.
Tow car owner's license required. It shall be a violation of this
chapter for any person to operate, store or use any tow car owned
or controlled by him or her or permit the same to be operated, stored
or used in the Town without having first obtained and then having
in force a current valid tow car owner's license therefor, as hereinafter
provided.
B.
Licensed drivers required. It shall be a violation of this chapter for any tow car owner to permit a tow car to be operated, stored, driven or used in the Town by any person not in possession of a current and valid tow car driver's license issued by the Town pursuant to § 183-3 of this chapter.
C.
Compliance with terminal requirements.
(1)
It shall be a violation of this chapter for any tow car owner to own, lease, operate, or maintain a terminal in the Town that is not in compliance with the terminal requirements pursuant to § 183-4 of this chapter.
(2)
It shall be a violation of this chapter for any tow car owner to own, lease, operate, or maintain a terminal outside of the Town but within the county that is not in compliance with the zoning laws, building laws, fire laws, local laws, and terminal requirements of the municipality in which it is located. Such a terminal, outside of the Town but within the county, shall also comply with § 183-4 of this chapter to the extent that such provisions do not directly conflict with the local laws of the municipality in which it is located.
D.
Application for tow car owner's license.
(1)
Every person who desires to be or act as a tow car owner upon the
public highways within the Town shall file with the Town Clerk a written
application upon forms to be furnished by the Town Clerk, verified
under oath, stating:
(a)
The name and address of the applicant, specifying, in the case
of a partnership, unincorporated association, corporation, limited
liability company, limited liability partnership, or other entity,
the name and address of each member, shareholder, officer, director,
partner, or principal thereof. If the applicant is a partnership,
unincorporated association, corporation, limited liability company,
limited liability partnership, or other entity, it shall provide to
the Town Clerk with its application a copy of its certificate of incorporation
and certificate of assumed name or "doing business as" certificate.
(b)
All crimes of which the applicant and any members, shareholders,
officers, directors, partners, or principals thereof, if a partnership,
unincorporated association, corporation, limited liability company,
limited liability partnership, or other entity, has been convicted,
stating the name and location of the court and the date on which such
convictions were had and the penalties imposed therefor.
(c)
The experience of the applicant in the towing of vehicles for
hire.
(d)
The number of tow cars proposed to be operated by the applicant
and a description of each such tow car including the make, model,
year of manufacture, New York State registration number, and motor
vehicle identification number thereof.
(e)
The age and citizenship of the applicant and any members, shareholders,
officers, directors, partners, or principals thereof, if a partnership,
unincorporated association, corporation, limited liability company,
limited liability partnership, or other entity.
(f)
The address of the terminal from which tow cars are proposed
to be garaged and dispatched by the applicant. If the terminal is
located outside of the Town, the applicant shall:
[1]
Provide a copy of its tow car owner's license issued by the
municipality in which it is located, if any;
[2]
Provide documentation demonstrating that the proposed terminal
is in compliance with the zoning, building, and local laws of the
municipality in which it is located, including but not limited to
certificates of occupancy, permits and/or variances granted with respect
to the terminal.
(g)
All tow car owner's licenses currently and previously held by
the applicant issued by any other governmental entity or political
subdivision within the previous five years, including, in the case
of a partnership, unincorporated association, corporation, limited
liability company, limited liability partnership, or other entity,
those held by each member, shareholder, officer, director, partner,
or principal thereof. If any such tow car owner's license is identified
by the applicant, the applicant shall provide a copy of the license
issued by the municipality.
(h)
Whether the applicant has ever been denied a tow car owner's
license from the Town or any other governmental entity or political
subdivision, the reason for such denial, the date of such denial,
and the municipality that denied the license application, including,
in the case of a partnership, unincorporated association, corporation,
limited liability company, limited liability partnership, or other
entity, those denied to each member, shareholder, officer, director,
partner, or principal thereof.
(i)
Whether the applicant has ever had a tow car owner's license
revoked or suspended by the Town or any other governmental entity
or political subdivision, the reason for such revocation or suspension,
the date of such revocation or suspension, and the municipality that
revoked or suspended the license, including, in the case of a partnership,
unincorporated association, corporation, limited liability company,
limited liability partnership, or other entity, those revoked or suspended
against each member, shareholder, officer, director, partner, or principal
thereof.
(j)
Whether the applicant wishes his or her name to appear on the rotation system roster, as detailed § 183-13 of this chapter; and
(k)
Any other relevant information which the Town Clerk may require.
(2)
Photographs. Every individual applicant for a tow car owner's license
shall, at the time of submitting his or her application, submit one
individual photograph of the applicant and any members, shareholders,
officers, directors, partners, or principals thereof, if a partnership,
unincorporated association, corporation, limited liability company,
limited liability partnership, or other entity, taken within 30 days
prior to the date of the application, 1 1/2 inches by 1 1/2
inches in size. Such photographs must be a true likeness of the applicant
and must show neck, shoulders, and uncovered head.
(3)
Fingerprinting. All members, shareholders, officers, directors, partners,
or principals of every individual applicant for a tow car owner's
license shall be fingerprinted under the direction of the Town Clerk.
(4)
Additional qualifications for an unrestricted owner's license. A
person applying for an unrestricted owner's license shall meet the
following additional qualifications:
(a)
The tow car owner's terminal maintains twenty-four-hour service
to answer emergency calls regarding motor vehicles.
(b)
The tow car(s) of such tow car owner are equipped with a lifting
boom or similar device, auxiliary tow lights, a fire extinguisher,
an emergency flashing light, at least three flares or a comparable
reflective safety device, a bag/container containing no less than
10 pounds of oil-absorbent material, jumper cables, and a heavy-duty
broom and shovel.
(c)
Upon responding to the scene of an accident and before departing said scene, it shall be the responsibility of the tow car owner to remove any and all accident debris from the roadway, including but not limited to broken glass. A tow car owner, upon observation of an oil spill or leak, or any other fluid, spill, or leak, at the scene of an accident or otherwise disabled motor vehicle, shall spread oil-absorbent material over the affected area. The cost of such debris removal and oil/gas absorption materials shall be calculated and included in the schedule of maximum towing rates as detailed in § 183-9 of this chapter.
(5)
Workers' compensation insurance. Every applicant shall provide certification
that it has obtained and maintains workers' compensation insurance
with an insurance carrier authorized by the New York State Workers'
Compensation Board or a certificate of attestation of exemption as
proof of a waiver from the New York State Workers' Compensation Insurance
Coverage.
E.
Investigation of application and issuance of tow car owner's license.
(1)
Fingerprint investigation. Upon receipt of any application, the Town
Clerk shall refer the fingerprints of the applicant to the New York
State Division of Criminal Justice Service in order to perform a criminal
background records investigation and for such further investigations
and reports as may be deemed necessary or advisable.
(2)
Requisites for issuance of license. Upon determination by the Town Clerk from the statements contained in the application for a tow car owner's license that the applicant is a fit person, possesses adequate character, experience, and responsibility, and is capable of properly conducting such tow car business and to conform to the provisions of this chapter, the Town Clerk, upon the certification of each tow car proposed to be operated by the applicant pursuant to § 183-2 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof and the number of tow cars the applicant is authorized to operate; and at the same time the Town Clerk shall issue for each tow car licensed hereunder a license bearing the words "licensed tow car," an assigned number and the year of issuance; otherwise such application shall be denied.
(3)
Examination or hearing. The Town Clerk may, in his or her discretion, before the issuance of a license under § 183-2, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto, or hold a hearing upon such application, as hereinafter provided.
F.
Expiration and renewal of a tow car owner's license.
(1)
Expiration. Every license issued hereunder shall expire on the 30th
day of June next succeeding the date of its issuance, unless sooner
revoked by the Town Board, as hereinafter provided.
(2)
Renewal. A license issued pursuant to the terms of this chapter shall be valid for a period of one year. Any tow car owner seeking to renew a license issued pursuant to this chapter shall, not less than 30 days prior to the expiration of its then-current license, file a renewal application in the form proscribed by the Town Clerk setting forth all information required by § 183-2. If the tow car owner shall file its renewal application less than 30 days prior to the expiration of its then current license, its renewal application will be subject to an additional late filing fee as detailed in § 183-7 of this chapter.
G.
Additional tow cars and terminals.
(1)
Additional tow car(s). Every tow car owner licensed under § 183-2 who desires to add to the number of tow cars he or she is duly licensed to operate shall file a written application, under oath, with the Town Clerk, stating:
(a)
The name and address of the tow car owner;
(b)
The tow car owner's license number;
(c)
A description of each additional tow car, including the make,
model, year of manufacture, New York State registration number, and
motor vehicle identification number thereof; and
(d)
If the Town Clerk shall find that the tow car owner is capable of properly conducting such tow car business and conforming to the provisions of this chapter, the Town Clerk, upon the certification of each additional tow car proposed to be operated by the tow car owner pursuant to § 183-2 hereof, and the furnishing by the tow car owner of proof of insurance, as hereinafter provided, then he or she shall issue a supplementary tow car owner's license stating the name and address of the applicant, the number of the applicant's operator's license, and the number of additional tow cars the applicant is authorized to operate, and the date of the issuance thereof; and, at the same time, a license for each additional tow car in the form as provided in § 183-2 hereof; otherwise such application shall be denied.
(2)
Additional terminal(s). Every tow car owner licensed under this chapter
who desires to add an additional terminal shall file with the Town
Clerk a written application under oath stating:
(a)
The name and address of the tow car owner, specifying, in the
case of a partnership, unincorporated association, corporation, limited
liability company, limited liability partnership, or other entity,
the name and address of each member, shareholder, officer, director,
partner, or principal thereof;
(b)
The tow car owner's license number;
(c)
The addresses of the tow car owner's existing terminal(s) and
additional terminal from which tow cars are proposed to be garaged
and dispatched by the applicant;
(d)
The number of tow cars proposed to be operated by the applicant
from the additional terminal and a description of each tow car including
the make, model, year of manufacture, New York State registration
number, and motor vehicle identification number thereof; and
(e)
If the Town Clerk shall find that the additional terminal(s)
meets the requirements for a terminal under the provisions of this
chapter, then he or she shall issue written authorization setting
forth the additional terminals, and the date thereof; otherwise such
application shall be denied.
H.
Nontransferability. The tow car owner's license issued hereunder
shall not be transferable.
I.
Insurance and inspection of vehicles.
(1)
Inspection required. No license shall be issued or renewed under § 183-2 which shall permit the use of any tow car unless and until it has been inspected and certified by the Town Clerk or his or her representative as conforming to the requirements of this chapter.
(a)
It shall be a violation of this chapter for a tow car owner or applicant not to present the tow car(s) listed in the initial application or renewal application to the Town Clerk for inspection within 30 days of filing such application. Such violation shall be punishable by immediate decertification of the uninspected tow car, relinquishment of the tow car medallion, and fines pursuant to § 183-14 of this chapter.
(b)
The Town Clerk shall establish additional reasonable rules and
regulations for the inspection and certification of tow cars operated
upon the streets of the Town.
(2)
Insurance required. Before the issuance to any person of a license
under this section, each applicant shall file with the Town Clerk
proof of insurance for the tow car owner, terminal, and each tow car
used therein, in the form of memoranda, covering the period of the
term of said license, which insurance shall be maintained in force
during the period covered by the license. The memoranda shall set
forth the following information:
(a)
Insurance requirements. Proof of insurance covering the licensee
and each vehicle as follows:
(b)
Garage keeper's liability. Proof of insurance covering the licensee
against garage keeper's legal liability in the minimum amount of $125,000,
per incident, per terminal, with no aggregate and no sublimit per
vehicle, for property damage to vehicles being towed by or in the
care, custody and control of the licensee.
(c)
Notice of cancellation. Assurance that said insurance company
shall provide the Town with 30 days' prior written notice of cancellation
of any policy.
(d)
Agent information. Name, local address, and telephone number
of the agent of the licensee's insurance company, which company must
be duly recognized by the New York State Insurance Department and
licensed to do business within the State of New York.
(3)
The vehicle identification number of each proposed tow car and the
address of each terminal to be utilized by the applicant must be listed
on the insurance forms provided to the Town Clerk. The vehicle registration
recorded with the New York State Department of Motor Vehicles and
proof of insurance for each tow car provided to the Town Clerk must
both be in the name of the applicant or tow car owner and identify
the address of the terminal from which the tow car will be garaged
and dispatched.
(4)
Cancellation. If said insurance is suspended or cancelled for any
reason whatsoever, the tow car owner's license and all tow cars registered
and operated by the tow car owner shall be suspended until such time
as a reinstatement of said policy or memorandum of an acceptable,
current and valid policy is on file with the Town Clerk.
(5)
Condition of tow cars. Every vehicle operated upon the streets of
the Town as a tow car shall be registered and inspected in accord
with the requirements of New York State Vehicle and Traffic Law §§ 301
and 401-B, kept fit, of good appearance and in a good safe condition
for towing.
J.
Violations. In the event any person is determined to have violated
any of the aforementioned provisions by the Town Clerk, such person
and any members, shareholders, officers, directors, partners, or principals
thereof, if a partnership, unincorporated association, corporation,
limited liability company, limited liability partnership, or other
entity, shall be barred from reapplying for a license for two calendar
years.
A.
Tow car driver's license required. It shall be unlawful for any person
to operate a tow car for hire in the Town as a tow car driver or in
connection therewith, unless such tow car driver shall have first
obtained a license from the Town Clerk, as hereinafter provided.
B.
Application for tow car driver's license.
(1)
Application information. Every person making application to operate
a tow car for hire on Town streets shall file a written, verified
application for a license to drive, upon forms to be furnished by
the Town Clerk setting forth the following information:
(a)
The name, address, and age of the applicant.
(b)
A full description of the applicant including his or her color,
height, weight, color of eyes and hair, any scars or marks and the
nature of any physical infirmity from which he or she may suffer.
(c)
Whether or not he or she is a citizen of the United States.
(d)
The names and addresses of the applicant's employers during
the last two years prior to his or her application, if any, or if
a full-time student then the name and address of such school and proof
of attendance during the last two years.
(e)
All crimes of which the applicant has ever been arrested or
convicted, stating the date and place of each such arrest and the
name and location of the court in which and the date on which each
such conviction was had and the penalty imposed therefor, including,
if applicable, any certificates of relief from civil disability issued
with respect to such conviction.
(f)
The number, class, and date of issuance of the applicant's New
York State driver's license as required by the Vehicle and Traffic
Law.
(g)
Any other relevant information which the Town Clerk may require.
(2)
Additional requirements. Every applicant for a tow car driver's license
shall, at the time of submitting his or her application, also:
(a)
Submit two individual photographs of the applicant, taken within
30 days prior to the date of the application, 1 1/2 inches by
1 1/2 inches in size, and such pictures must be a true likeness
of the applicant and must show only neck, shoulder and uncovered head.
(b)
Must be in possession of a CDL Class A, B, C, or D New York
State driver's license with a tow car endorsement designated by the
letter "W."
(c)
Be fingerprinted under the direction and supervision of the
Town Clerk.
(d)
Provide a Department of Motor vehicles report on his or her
current New York State driver's license.
C.
Investigation of application and issuance of tow car driver's license.
(1)
Investigation. Upon receipt of any application, the Town Clerk shall
refer the fingerprints of the applicant to the New York State Division
of Criminal Justice Service in order to perform a criminal background
records investigation and for such further investigations and reports
as may be deemed necessary or advisable.
(2)
Issuance. The Town Clerk shall issue a tow car driver's license if
he or she shall find that the applicant holds a valid CDL Class A,
B, C, or D New York State driver's license with a tow car endorsement
(W) and is a fit and proper person to drive a tow car, considering
his or her experience and character; otherwise, such application shall
be denied.
D.
Expiration of driver's license. Every tow car driver's license issued
under this section shall be effective as of the date of the granting
thereof and shall expire on the 30th day of June next succeeding,
unless sooner revoked by the Town Board, as hereinafter provided.
E.
Nontransferability. The tow car driver's license issued hereunder
shall not be transferable.
A.
Ownership or lease. It shall be unlawful to be a tow car owner within
the Town unless the tow car owner owns or leases, operates, and maintains
a bona fide terminal in accordance with the provisions of this chapter.
If pursuant to a written lease, the lease shall:
(1)
State the starting date, ending date, and duration of the lease agreement,
which must be at least as long as the time period covered by the tow
car owner's license;
(2)
State the address of the leased premises and the name and address
of the landlord;
(3)
Be dated, executed, and notarized by both the landlord and tow car
owner;
(4)
Be prepared in a formal type-written and legible form; and
(5)
Be filed with the Town Clerk.
B.
Signage requirements. The terminal shall be identified by a legible,
conspicuously displayed sign which includes the name and telephone
number of the tow car owner and be of a minimum size of two feet by
two feet. Any sign required to be posted pursuant to this subdivision
must comply with the applicable sections pertaining to signs as stated
in the building zone ordinance of the municipality where the terminal
is located.
C.
No common or shared terminals. No tow car owner shall own, lease,
license, or otherwise occupy a shared business premises or terminal,
including but not limited to storage facilities and auxiliary storage
facilities, with another tow car owner, person, or business. For the
purposes of this chapter, each parcel of real property shall be deemed
a single terminal from which only one tow car owner or person may
operate a business. No terminal or parcel of real property shall be
designated more than once or by more than one tow car owner as a terminal
under this chapter. Even if more than one business, entity, certificate
of assumed name or person uses any given parcel, structure, location
or lot as its address, place of business, or terminal, only one tow
car owner's license shall be issued and/or valid for any given parcel,
structure, location or lot.
D.
Hours of operations and sixty-minute release of vehicle. The terminal
shall be regularly open to vehicle owners at a minimum from Monday
through Friday, between the hours of 9:00 a.m. to 5:00 p.m., and must
also be open on either Saturday or Sunday from 9:00 a.m. to 4:00 p.m.
Regardless of the terminal's regular hours of operation, except in
those instances where an unrestricted tow car operator removes a vehicle
involved in an accident from the scene of an accident, the towed vehicle
must be released to the vehicle owner within 60 minutes from the time
the request is made by the vehicle owner to the tow car owner, tow
car driver, or employee thereof, at no additional charge or fee to
the vehicle owner, seven days per week and 24 hours per day.
E.
Security. The premises of the terminal must be a secure place for
safekeeping vehicles, shall contain a six-foot-high fenced containment
area of not less than 2,500 square feet adequately secured with a
self-locking gate, and vehicles shall at all times be stored within
such terminal while the vehicle is in the custody of the tow car owner.
Such terminal shall be the premises listed and approved on the tow
car owner's license application filed with the Town Clerk. Such premises
shall not be used by any other person, tow car owner, or tow car driver
for any other purpose.
F.
Onsite facilities. The terminal must contain an office with a telephone
and a bathroom facility accessible to the public and employees, and
must be staffed by an employee of the tow car owner. This terminal
must have a valid certificate of occupancy from the applicable jurisdiction
for such use.
G.
Must transport vehicle to terminal. Unless otherwise directed in
writing by the vehicle owner, the person in possession or control
of said vehicle, or upon the direction of a duly appointed local,
county, state, or federal law enforcement officer, no vehicle may
be transported to any location other than such terminal. No vehicle
shall thereafter be removed from said terminal without the written
consent of the vehicle owner or person in possession or control of
the vehicle, other than those vehicles deemed to be abandoned pursuant
New York Vehicle and Traffic Law § 1224.
H.
Knowledge and consent. Any vehicle stored upon a premises designated
by a tow car owner as his or her terminal shall be presumed to be
so stored with the full knowledge, permission and consent of said
tow car owner.
I.
Compliance. Notwithstanding anything set forth herein to the contrary,
any licensed tow car owner existing and operating within the Town
as of the effective date of this chapter shall have 12 months from
the effective date hereof to comply with the requirements of this
section. The failure of any tow car owner subject to the terms of
this section to comply with the requirements of this section within
12 months of the effective date hereof shall constitute a violation
of this section and, in addition to the penalties provided herein,
result in (i) the revocation of the tow car owner's license to engage
in tow car operations within the Town, and (ii) subject the tow car
owner to a fine of up to $500 per day for each day the violation continues.
J.
The provisions of this section shall not apply to a restricted tow
car or licensee issued a restricted owner's license which is engaged
exclusively in the towing of vehicles pursuant to a consensual contract
with the vehicle owner, in accordance with 49 U.S.C. § 14501.
Nothing herein shall be deemed to exempt such a restricted tow car
or licensee issued a restricted owner's license which is exclusively
engaged in the business of consensual towing from any other obligation
or provision of the Code of the Town of Hempstead.
A.
Appeal process.
(1)
Any applicant who shall have been denied a tow car owner or tow car
driver's license under this chapter by the Town Clerk, or who shall
have a tow car owner's license or tow car driver's license suspended
or revoked, or who shall have been issued a license by the Town Clerk
for fewer tow cars than the number for which application was made,
may apply to the Review Board for a review of the action by the Town
Clerk, as hereinafter provided:
(a)
The application to review the Town Clerk's determination shall
be in writing, signed and verified by the applicant, and shall state
his or her reasons for claiming that the Town Clerk's determination
was erroneous.
(b)
The application for such review must be filed with the Town
Clerk within 20 days of receipt by the applicant, either by mail or
in person, of the denial by the Town Clerk.
(c)
Upon the filing of such application to review, the Review Board
shall hold a hearing thereon pursuant to the provisions hereinafter
set forth.
(d)
The Review Board shall, at the hearing, consider the application
before the Town Clerk in relation to his or her determination and,
in its discretion, may receive new or additional evidence in support
of or in opposition to the determination under review.
(2)
The Review Board, after such hearing, may either affirm the determination
of the Town Clerk or direct him or her to issue the appropriate license,
under the provisions of this chapter.
B.
Hearings.
(1)
Whenever it shall be provided herein that a hearing shall or may
be held by the Review Board, such hearing shall be held on a date
and at a place and hour designated by the Review Board.
(2)
The Town Clerk shall give notice thereof, stating the name and address
of the applicant or license holder concerned, the subject matter of
the hearing and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days before such hearing.
(3)
At any hearings, the applicant or license holder involved shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his or her own behalf
as may be relevant to the subject matter of the hearing.
(4)
All witnesses shall be sworn and examined under oath.
(5)
The applicable burden of proof, standard of review, and rules of
evidence at such a hearing shall be consistent with those utilized
within Article 3 of the New State Administrative Procedure Act.
C.
Suspension and revocation of licenses.
(1)
Any license issued hereunder may be suspended for a period of not
more than three months or revoked by the Review Board if the holder
thereof shall violate any provision of this chapter, any rule or regulation
adopted hereunder or any local law or ordinance of the Town or be
convicted of the violation of any traffic law, ordinance or regulation
of the State of New York or any municipality of the State of New York,
or of any crime, or be guilty of making a false statement or misrepresentation
in his or her application. Any license issued hereunder may be suspended
by the Review Board if the holder thereof shall be indicted or charged
upon any information which has been duly filed with the public authorities
with or for the commission of any crime or offense until such time
as the person licensed hereunder shall be either convicted or acquitted
of such crime or offense. A license hereunder shall not be suspended
or revoked by the Review Board without a hearing having been held
thereupon not less than 20 days after written notice thereof shall
have been given to the licensee, either in person or by registered
mail.
(2)
The Town Clerk, upon receiving information giving him or her reasonable
cause to believe that the holder of any license issued hereunder has
violated any provision of this chapter, has been convicted of any
violation referred to in this chapter, has been indicted or charged
with or for any crime or offense or is guilty of having made a false
statement or misrepresentation in his or her application, may forthwith
temporarily suspend such license until such time as a hearing is held
by the Review Board, and the Review Board shall have rendered its
determination thereon.
(3)
At the conclusion of said hearing and as a result of the evidence
adduced therein, the Review Board may, in its discretion, revoke said
license or, in lieu thereof, suspend the license for a specified period
of time and/or censure the licensee and/or impose a civil penalty
not to exceed $5,000.
A.
Administration and enforcement. Subject to the prior review and approval
of the Town Attorney, the Town Clerk shall have the power to prescribe
reasonable rules and regulations for the proper and efficient administration
and enforcement of this chapter.
B.
Appointment of inspectors. The Town Clerk is hereby authorized to designate and appoint tow car inspectors as are deemed necessary or convenient to enforce the provisions of this chapter. Any designated and appointed tow car inspector, or employee of the Town qualified and empowered to enforce any statute, local law, ordinance, rule or regulation pursuant to Chapter 2 of the Code of the Town of Hempstead, shall be empowered to issue appearance tickets for offenses against this chapter. In addition to the tow car inspectors, the officers of the Nassau County Police Department shall have the power to enforce any provision of this chapter.
C.
Villages. In the Town of Hempstead, the Board of Trustees of any
incorporated village may, by resolution, provide that applications
for licenses shall no longer be made to the Village Clerk, but to
the Clerk of the Town of Hempstead, and if such resolution is approved
by the Town Board, such resolution shall become effective from and
after the beginning of the next following licensing period not less
than six months after a certified copy of such resolution of the Village
Board and of the resolution of approval of the Town Board shall have
been transmitted to the Town Clerk.
A.
The nonrefundable fees for filing applications hereunder, which shall
be paid to the Town Clerk at the time the application is filed, shall
be:
(1)
Filing fee on original tow car owner application: $200.
(2)
Filing fee on application for additional tow car or terminal: $100.
(3)
Tow car driver's fee: $25.
(4)
Substitution of tow car: $25.
(5)
Replacement of lost medallion or vehicle card: $25.
(6)
Replacement of lost tow car driver's license: $10.
(7)
Fee for late filing of renewal application: $100.
A.
Each tow car operated hereunder shall have inscribed on the outside
of each front door only the trade name and full complete terminal
address and telephone number of the tow car owner, in letters not
less than two inches in height, either painted on or otherwise securely
affixed. The lettering must be of contrasting color and be readable
from 50 feet away when the tow car is stationary. In addition, there
shall be securely affixed to the left front door or immediately adjacent
thereto a medallion issued by the Town Clerk, as provided herein.
Notwithstanding, those persons, tow car owners, and tow car drivers
engaged exclusively in the repossession of vehicles are exempt from
this requirement.
B.
Each tow car operated hereunder shall have a light transmittance
of not less than 70% on the front windshield, side and rear windows.
Only the upper most six inches of the front windshield may have a
light transmittance level of less than 70%.
C.
Each tow car operated hereunder shall have an emergency light bar,
or light(s) of amber color, permanently affixed on top of the tow
car roof and such light(s) must be visible for 360° to all approaching
traffic from no less than a distance of 500 feet.
D.
A tow car owner shall have legibly inscribed on each side of the
tow car in letters and numerals not less than 1/2 inch in height the
lawful towing rates he or she has filed with the Town Clerk.
E.
Heavy duty
towing. Notwithstanding any provision of this chapter to the contrary,
no tow car shall engage in heavy duty towing unless it shall comprise
at least three live axles, none of which shall be lift axles. Heavy
duty towing shall be considered towing of any vehicle or trailer which
has a gross weight of over 10,000 pounds. Nothing herein shall be
construed to supersede any controlling law to the contrary. The Town
Clerk may make such notation on any license or take such other act
deemed necessary to ensure compliance with this requirement.
[Added 9-8-2020 by L.L. No. 38-2020, effective 10-15-2020]
A.
Filing of maximum towing charges. The tow car owner shall prepare
a typewritten schedule, in triplicate of maximum prices to be charged
for towing and storing disabled vehicles from the scene of an accident
and/or the removal of a vehicle from a private parking lot, and one
copy of said schedule shall be filed with the Town Clerk.
B.
Towing charges. The charge for towing shall be based solely upon
the distance disabled vehicles are to be towed and not estimated or
based upon the availability of tow cars. Towing charges shown on the
schedule shall not exceed the following maximum charges:
C.
Storage charges. Outside storage charges shall be at the rate of
not more than $25 per day. Inside storage rates may be determined
by agreement of the parties. All vehicles must be stored on the premises
of the tow car owner's terminal, whether indoors or outdoors, and
shall not be permitted on Town streets or Town parking fields.
D.
These towing and storage charges shall apply to all disabled vehicles
except buses, tractors, trailers and trucks as defined pursuant to §§ 104,
151-a, 156, and 158 of the Vehicle and Traffic Law of the State of
New York.
E.
Labor charges. The charges for additional labor shall not exceed
the following maximum charges:
(1)
For the use of special skills to right an overturned vehicle or winch
a vehicle from off-roadway: a fee of $45 per half-hour not to exceed
a maximum charge of $90.
(2)
For the recovery and extraction of a disabled vehicle from extreme
conditions, including removal from water, wooded areas where the vehicle
is located more than 50 feet from the pavement edge of the highway
or local road into the wooded area, from atop roadway dividers or
any other similar condition requiring special skills, manpower, or
additional equipment: a fee of $45 per half-hour.
(3)
All extra charges must be shown on the authorization of towing form
before a signature is obtained. A copy showing such extra charges
must be given to the vehicle owner or person in charge of the vehicle
before the vehicle is towed from the scene.
F.
Fuel surcharge.
(1)
Notwithstanding anything herein to the contrary, in the event that
the Town Clerk determines that there has occurred an extraordinary
increase in fuel costs which renders it such that the licensees cannot
realize a reasonable profit from their services, then the Town Clerk,
with the approval of the Town Attorney, may grant to the licensee(s)
the right to impose a fuel surcharge as part of the towing-related
charges. The determination as to whether there has occurred an extraordinary
increase in fuel costs and the amount of the surcharge shall be exclusively
within the jurisdiction of the Town Clerk and the Town Attorney, whose
determination shall be final.
G.
Application for additional fees.
(1)
Notwithstanding anything herein to the contrary, in any instance
involving a nonconsensual tow where a tow car operator is prevented
from or unable to tow a vehicle from the scene of an accident within
three hours of arrival at the scene due to an on-going police accident
investigation or the tow car operator is required to employ specialized
equipment not typically owned by a tow car owner or utilized to tow
a disabled vehicle, and the maximum towing rates are inadequate to
fairly and reasonably compensate the tow car owner for the tow, the
tow car owner may make application to the Town Clerk for additional
towing charges in excess of those permitted by this chapter. The Town
Clerk shall promulgate forms for the submission of any application
for additional fees which the tow car owner shall complete and deliver
to the Town Clerk. All applications for additional towing charges
shall include, at a minimum, the following:
(a)
A written description of the towing services provided and the
equipment utilized.
(b)
A record of the time spent in connection with the tow service
reflecting the time the tow car operator arrived at the scene of an
accident and the time the tow car operator departed the location with
the vehicle in tow. The time record submitted by the Town Care operator
shall be signed by the law enforcement official on site and in-charge
of the scene of the accident, verifying the times.
(c)
A written invoice or similar documentation establishing the
cost incurred by the tow car owner to obtain or rent the specialized
equipment utilized in the tow.
(d)
The name and license number of the tow car operator.
(e)
The date on which the tow was performed.
(f)
The identity of the agency which requested the tow service.
(g)
The location of the accident.
(h)
The name and address of the terminal to which the vehicle was
towed.
(i)
The name and address of the vehicle owner and the name and address
of the operator of the vehicle, if different.
(j)
The proposed amount of the additional fees requested based upon
(a) the actual time spent at the scene of an accident which fee shall
be calculated at the rate of $45 per additional one-half hour, and
(b) the actual cost incurred by the tow car owner to obtain or rent
the specialized equipment utilized in the tow.
(2)
Upon receipt of an application for additional fees, the Town Clerk
shall review the application and determine whether the services rendered
required to the tow car operator to utilize specialized equipment
not typically owned by a tow car owner in order to conduct the tow,
or required the tow car operator to be present at the scene of an
accident in excess of three hours as a result of an ongoing police
accident investigation. If the Town Clerk determines that the additional
time and expenses which the tow car owner alleges were incurred to
obtain specialized equipment to perform the tow, and that such time
and expenses are reasonable and were necessarily incurred in order
to permit the tow car operator to tow the disabled vehicle, the Town
Clerk, with the approval of the Town Attorney, may authorize the tow
car owner to charge an additional fee based upon (a) a labor rate
of $45 per each additional one-half hour in excess of three hours,
and (b) the actual cost incurred by the tow car owner to obtain or
rent the specialized equipment utilized in the tow.
(3)
In the event that the Town Clerk denies the application for additional
fees, the tow car owner may, within 20 days of the denial, request
in writing that the Tow Advisory Committee review the Town Clerk's
determination. Upon receipt of such request, the Tow Advisory Committee
shall meet, at its next regularly scheduled meeting, to consider the
appeal. If the Tow Advisory Committee, by majority vote of its members,
concludes that the Town Clerk has failed to grant the application
for additional fees in accordance with the standards of this section,
it shall refer the matter back to the Town Clerk and the Town Attorney
for reconsideration. Notwithstanding anything herein to the contrary,
including the recommendation of the Tow Advisory Committee, the decision
of the Town Clerk and Town Attorney to deny or to allow additional
fees shall be final.
H.
Consensual towing. The provisions of this section shall not apply
to a licensee who enters into a consensual contract with a person,
in accordance with 49 U.S.C. § 14501, for the towing of
a vehicle other than relating to the removal of a vehicle from the
scene of an accident or a private parking lot.
A.
Towing record book.
(1)
Every licensed tow car owner shall maintain a bound record book of
all calls for service at the scene of an accident. Entries in this
book shall be made in ink at the time the call is received and prior
to responding to the call and shall specify:
(2)
The record book shall be retained for one year after the last entry
and shall be exhibited upon demand to the vehicle owner or to an official
of the Town or any member of the Nassau County Police Department or
other police department.
B.
Agreements for estimates and repairs.
(1)
No fee shall be charged either directly or indirectly for making
an estimate for repairs on any vehicle involved in an accident or
otherwise disabled without the prior written consent of the vehicle
owner.
(2)
It shall be unlawful for any licensee or other person to make repairs
or to charge a fee, directly or indirectly, for making an estimate
for repairs on any vehicle involved in an accident or otherwise disabled
without entering into a signed agreement with the vehicle owner or
other person in charge of said disabled vehicle, fixing the cost on
a form prescribed herein.
(3)
It shall be unlawful for any licensee or other person to enter into
an agreement for the repair or for the estimate for repairs where
the vehicle owner or person in charge of the vehicle involved in an
accident is to be hospitalized because of such accident unless the
injured person has been discharged from the hospital or said agreement
is executed by his or her legally authorized representative.
(4)
The agreement form for repairs required hereunder must be in substantially
the following form:
AGREEMENT FOR REPAIRS
|
It is hereby agreed between _______________________ (Insert
name and address of vehicle owner or person in charge of disabled
vehicle authorized to enter agreement) and __________ (Insert name,
address, telephone number and license number of tow car owner and
name, address, telephone number of repairer) that __________ (vehicle
owner or person in charge) agrees to pay the sum of $ _____ to __________
(repairer) who in consideration thereof agrees to repair a __________
(year, make and type of automobile), New York State registration number
_____, which was involved in an accident or otherwise disabled and
removed by a tow car.
|
Dated at _________________ this _____ day of __________, 20_____.
|
Licensee ____________________
|
Vehicle owner or person in charge (check appropriate one):
|
C.
Towing authorizations. Except as herein otherwise provided, no vehicle
involved in an accident or otherwise disabled shall be towed without
an authorization on a form prescribed by the Town Clerk signed by
the vehicle owner or other person in charge thereof. If no such person
is present, conscious or capable, or if obtaining said signature would
otherwise engender physical harm to a person, said vehicle shall be
removed at the direction of the police officer at the scene. In the
event that a police officer is unable or disinclined to direct the
removal of the vehicle, the licensee shall tow the vehicle to its
terminal and contemporaneously record on the towing authorization
form, at the time of the tow, the reason for failing to obtain the
requisite signature. In all such instances, the tow car owner, or
his or her designee, shall present the vehicle owner, or other person
in charge thereof, upon their arrival at the terminal, the unsigned
towing authorization form for signature. All charges for towing, labor,
and storage must be listed on authorization forms accepted and signed
for by the vehicle owner or person in charge of the disabled vehicle
before it can be towed from its point of origin.
(1)
Towing authorization shall be for the towing, labor, and storage of the vehicle only and shall show the rates to be charged for the towing, labor, and storage of said vehicle. It is expressly prohibited to demand a charge for any service not specified herein to the extent that such charge is related in any manner whatsoever to a vehicle removed from the scene of an accident pursuant to the Town rotation system under § 183-13, except that nothing herein shall be construed to regulate fees for making an estimate for repairs, or such other charges related to said vehicle, upon prior written consent of the vehicle owner, as set forth herein.
(2)
Signed towing authorization forms shall be retained for a period
of six months and shall be exhibited upon demand to the vehicle owner
or to an official of the Town or any member of the Nassau County Police
Department or other police department.
(3)
Failure to comply with the provisions of this section shall constitute
an offense within the meaning of the Penal Law of the State of New
York.
(4)
It shall be unlawful for any licensee, or any other person, to remove
a vehicle involved in an accident or otherwise disabled without an
authorization signed by the vehicle owner or other person in charge
on a form prescribed herein.
(5)
The towing authorization required hereunder must be, substantially,
in the following form:
TOWING AUTHORIZATION
|
(Insert name, address, and phone number of tow car owner and
terminal)
|
Date ____________________
|
Name
|
Address
|
Make and type of car
|
Year __________
|
State registration number _________________
|
Towed from _______________ to _______________.
|
Number of miles towed: __________.
|
Towing charges: _____ (amount shown on filed schedule, not to
exceed $125 for first mile or part thereof and $5 for each additional
mile or part thereof)
|
Storage charges: _____ (amount shown on filed schedule, not
to exceed $25 per day.)
|
Labor charges: (a) Right overturned vehicle or winch off-roadway:
$__________(amount shown on filed schedule, not to exceed $45 per
half-hour not to exceed a maximum charge of $90)
|
(b) Recovery and extraction of a disabled vehicle from extreme
conditions (i.e., removal from water, off-road more than 50 feet from
pavement into wooded area, atop roadway dividers): $__________ (amount
shown on filed schedule, not to exceed $45 per half-hour).
|
Method of payment (circle one): Cash/Visa/MasterCard/Discover/American
Express
|
Tow car driver's name:
|
Tow car owner:
|
Terminal address:
|
Tow car driver's license number: ______________
|
Tow car's medallion number: ______________
|
State registration number: ______________
|
I authorize the towing of the above automobile:
|
(Signature of vehicle owner or person in charge)
|
D.
Bill for towing.
(1)
The tow car owner shall have prepared a pad of bills containing a
printed billhead showing the name, address, and telephone number of
his or her terminal. The tow car owner or tow car driver shall prepare
a bill on this billhead form, in duplicate, the original of which
shall be furnished to the vehicle owner of the disabled vehicle or
his or her authorized representative. This bill must be printed in
a form approved by the Town Clerk and shall contain the following
information:
(a)
Full name and address of person engaging the tow car.
(b)
State registration number of the disabled vehicle.
(c)
Total amount to be charged for towing, labor, and storage rate
per 24 hours or part thereof.
(d)
Full name and address of the tow car owner.
(e)
State registration number of the tow car.
(f)
Tow car license number.
(g)
List acceptable methods of payment as Cash, Visa, MasterCard,
Discover, and American Express.
(2)
The duplicate of the bill shall be retained by the tow car owner
for a period of six months. These bills shall be exhibited upon demand
of any official of the Town or any member of the Nassau County Police
Department. Upon payment of the bill given to the vehicle owner of
the disabled vehicle or his or her authorized representative, the
tow car owner or tow car driver shall acknowledge receipt of payment
of such bill.
E.
The Town Clerk shall promulgate a towing authorization and bill for towing form analogous to the provision of § 183-10C and D to be signed by the vehicle owner or other person in charge thereof and the restricted tow car or licensee issued a restricted owner's license which is engaged exclusively in the towing of vehicles pursuant to a consensual contract with the vehicle owner, in accordance with 49 U.S.C. § 14501.
A.
Tow car driver regulations.
(1)
A licensed tow car driver shall:
(a)
Have his or her identification card and operator's/chauffeur's
license in his or her possession at all times while engaged in his
occupation as a tow car driver.
(b)
Not permit any other person to use his or her identification
card.
(c)
Not be engaged on an unlicensed tow car or on a tow car the
license for which has been suspended or revoked.
(d)
Promptly report the loss of his or her identification card to
the Town Clerk.
(e)
Report change of address to the Town Clerk within 48 hours.
(f)
Have with him or her at all times properly authorized forms
for towing and repair, such forms to be printed and maintained by
tow car owners.
(g)
Refrain from the use of drugs or intoxicating liquors.
(2)
Each tow car driver at the scene of an accident shall:
(a)
Exhibit his or her identification card to the vehicle owner
or person in charge thereof or to any Town officer or any member of
the Nassau County Police Department.
(b)
Not remove any vehicle from the scene of an accident until proper
authorization has been signed by the vehicle owner or person in charge
thereof.
(c)
Not remove any vehicle involved in an accident in which a person
has been injured until released by a duly authorized member of the
Nassau County Police Department.
(d)
Assist the police officer(s) in clearing vehicles and debris,
including gasoline and motor oil, from the public highway.
(3)
Every tow car driver shall obey all traffic laws, ordinances, local
laws, rules and regulations while operating a tow car and upon receipt
of a summons or his or her arrest for any alleged violation of any
such ordinance, local law, rule, regulation or for any ordinance shall
report the same within three days to the Town Clerk advising him or
her of the nature of the offense charged and the name and the location
of the court and the date upon which said summons is returnable or
the date on which the hearing or such trial is to be held.
B.
No solicitation. It shall be unlawful for any person to drive along
any street or bridge in the Town and solicit towing work. Solicitation
of towing work by the tow car owner, tow car driver, or any other
occupant of a tow car while parked on any street or bridge is also
unlawful. It shall also be unlawful for any person to solicit towing,
repair, bodywork or any other service at the scene of an accident.
Responding to a call merely upon notification from gas station attendants,
taxicab drivers or other unauthorized persons shall be considered
a violation of this provision. It shall be unlawful for any person
to give or offer to give any payment, fee, reward or other thing of
value, directly or indirectly, for obtaining information concerning
a disabled vehicle which may require towing service to solicit the
towing or repair of such vehicle, and it shall be unlawful to have
printed any card or other notice offering to give a payment, fee,
reward or other thing of value for such information.
C.
No refusal of service. It shall be unlawful for any tow car owner
selected from the rotation system to refuse to render such services
if the vehicle owner or other person in charge thereof is able and
willing to pay the fee prescribed in the schedule of prices established
by the Town and concurrently filed by the tow car owner of such licensed
tow car with the Town Clerk; provided, however, that it is physically
possible for such tow car to tow such vehicle and/or such tow car
is not already going to or returning from a job.
D.
Communications. Licensees, when required, will promptly answer all
communications received from the Town Clerk.
E.
Surrender of license. It shall be unlawful for any licensee to refuse
to surrender their license(s) to the Town Clerk, upon demand, after
such license(s) has been suspended, revoked or expired.
F.
No overcharging. It shall be unlawful for any person to charge or
collect a fee in excess of the maximum permissible rates established
by this chapter.
G.
Sale of tow car. Every tow car owner, upon the sale or other disposition
of a licensed tow car, shall within 24 hours notify the Town Clerk
of such sale or other disposition and surrender the license(s).
H.
Forms of payment. Any tow car owner, tow car driver, or employee
or agent thereof shall accept payment in person for all towing fees,
storage fees, labor fees, or any other fees charged under this chapter
by cash and any major credit card at no additional charge or fee to
the vehicle owner. For this purpose, "major credit card" shall mean
MasterCard, Visa, Discover, or American Express.
A.
Removal. Notwithstanding any other provision of this chapter, where
a licensee removes a vehicle because it is parked in a private parking
lot in a manner inconsistent with posted instructions, and such removal
is pursuant to a contract between the private parking lot owner and
the tow car owner for the removal of any such improperly parked vehicles,
such tow car owner may collect the following fee from the vehicle
owner or other person in control of such vehicle, payable before the
vehicle is released: up to but no more than $125 for the removal and
the first three days of storage, up to but not more than $25 per day
for storage thereafter; except that no charge may be collected for
removal or storage of a vehicle pursuant to this section by a person
who is not licensed to engage in towing pursuant to this chapter.
B.
Signage requirements. No private parking lot owner, or authorized
agent or operator thereof, shall tow or cause to be towed from a private
parking lot any vehicle unless such person shall conspicuously post
and maintain upon such private parking lot a sign or signs with the
following requirements:
(1)
The words "Warning" and "Private Parking Lot" and "vehicles Subject
To Tow" shall be printed on the sign in red capital block letters
at least four inches high and underlined;
(2)
The words "Parking for (name of private parking lot owner or tenant)
only" shall be printed on the sign in black capital block letters
at least two inches high;
(3)
The words "Unauthorized Vehicles Will Be Towed At Owner's Expense"
shall be printed on the sign in red capital block letters at least
two inches high;
(4)
The applicable towing and storage rates of the tow car owner shall
be printed on the sign in red letters at least two inches high;
(5)
The conditions under which vehicles are subject to towing (i.e.,
the hours vehicles are prohibited from parking and subject to towing)
shall be printed on the sign in black capital block letters at least
two inches high;
(6)
The name, address, and telephone number of the tow car owner and
terminal that is authorized to tow vehicles from the property, indicating
that "The vehicle can be redeemed 24 hours per day at no additional
charge within 60 minutes of calling [insert tow car owner or his designee's
telephone number]" shall be printed on the sign in black capital block
letters at least two inches high.
(7)
The telephone number posted on the sign shall be the telephone number
that a person can call to request the release of the towed vehicle
within 60 minutes from the time the request is made at no additional
charge or fee. The release of the towed vehicle shall comply with
the sixty-minute time limit, seven days per week and 24 hours per
day. The telephone number shall be within one of the telephone or
cellular numbers assigned to telephones with the County;
(8)
The Town Clerk's complaint number shall be printed on the sign in
black letters not less than 3/4 inch high;
(9)
The background color for the signs specified herein shall be fluorescent
yellow, and the color of the text for such signs shall be sharply
distinct from the solid fluorescent yellow background of such sign.
The text and the background color shall be treated with a luminescent
coating which shall make such text and such signs clearly visible
24 hours a day. It shall be the dual responsibility of the tow car
owner and the private parking lot owner to maintain the fluorescent
yellow coloring, red and/or black letters, and luminescent coating
of said signs to ensure the continued clear visibility of the signs
and the clear readable information thereon at all times, including
but not limited to replacing, repainting, or repairing signs every
12 months or as directed by the Town;
(10)
The signs containing the information specified in Subsection B shall be placed in the following locations: at each entry and exit for vehicles, positioned so that the information contained on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such private parking lot; and at the outside perimeter of such private parking lot and spaced so that the signs are posted not more that 75 feet apart. The top of such sign shall be not more than eight feet nor less than six feet above the ground. Such sign shall be faced so that the required information is clearly and conspicuously visible to a person from the private parking lot where vehicles are parked.
(11)
Any signs required to be installed pursuant to this subsection
must comply with the applicable sections pertaining to signs as stated
in the Building Zone Ordinance of the Town of Hempstead.
C.
Written agreement. The private parking lot owner or his or her authorized
agent shall file with the Town Clerk and the local precinct of the
Nassau County Police Department having jurisdiction a copy of a written
agreement authorizing one or more tow car owners to tow unauthorized
parked vehicles located on the premises. The agreement shall be for
a term of one year. The agreement shall set forth:
(1)
Explicit authorization to tow or remove unauthorized vehicles;
(2)
The rate to be charged vehicle owners or other persons in control
of such vehicles;
(3)
The terminal location, which must be within the County pursuant to § 183-2, where vehicles will be towed or removed and stored, and where they may be redeemed;
(4)
Copies of all licenses, certificates and permits issued by the Town;
(5)
Specific name, title, address, and telephone number of any authorized
agents of the private parking lot owner;
(6)
The hours during which the vehicle owner or other persons in control
of such vehicles towed from such property may redeem the towed vehicles,
provided that such hours shall include all times during which vehicles
may be towed from such property and at least 60 minutes after the
latest time that vehicles are subject to towing from such property
each day.
(7)
Acknowledgement by the tow car owner and private parking lot owner
of the requirement that such towed vehicles must be available to be
redeemed 24 hours a day at the tow car owner's terminal at no additional
charge or fee to the vehicle owner within 60 minutes of the vehicle
owner's request.
(8)
Explicit acknowledgement by the tow car owner and private parking
lot owner, signed and notarized by both parties, that both parties
are fully aware of the express provisions, responsibilities, violations,
and penalties applicable to themselves, their employees, their authorized
agents, in regard to the removal of vehicles from a private parking
lot under this chapter.
D.
Tow authorization and trip record. The seizure or tow removal of an improperly or unauthorized parked vehicle is only authorized when the private parking lot owner, or his/her authorized agent, as defined in § 183-1A, specified in the current filed contract agreement, is actually present in said private parking lot and requests in writing on a prescribed form that a particular vehicle be seized and towed by the licensee. The authorized agent cannot be the licensee or an employee thereof, unless the licensee is the actual private parking lot owner. The form of such authorization must be as follows:
TOW CAR OWNER NAME, ADDRESS, AND TELEPHONE NUMBER
|
TOWN OF HEMPSTEAD TOW AUTHORIZATION AND TRIP
RECORD
FOR MOTOR VEHICLES REMOVED FROM A PRIVATE PARKING
LOT
|
DATE OF REPORT:____________. DATE OF REMOVAL: ____________.
TIME OF FIRST OBSERVANCE OF IMPROPERLY OR UNAUTHORIZED
PARKED VEHICLE BY AGENT AUTHORIZED TO REQUEST REMOVAL: __________AM/PM
(MUST BE AT LEAST 15 MINUTES AFTER TIME NOTED ABOVE)
|
TIME OF REMOVAL: _____ AM/PM
|
LOCATION OF REMOVAL (FULL ADDRESS):
|
|
TERMINAL ADDRESS:
|
AUTHORIZED AGENT AT SCENE AUTHORIZING REMOVAL:
|
______________________
______________________
NAME (PRINT) ORIGINAL
SIGNATURE
|
TIME OF AUTHORIZATION: __________ AM/PM
|
REMOVAL PURSUANT TO FILED CONTRACT BETWEEN:
|
__________________________ AND __________________________
PROPERTY OWNER TOW
CAR OWNER
|
PERSON EXECUTING REMOVAL (TOW CAR OWNER
OR TOW CAR DRIVER)
|
NAME:
|
T.O.H. LICENSE NUMBER: __________. TOW CAR MEDALLION
NUMBER: __________
|
BUSINESS ADDRESS:
|
VEHICLE INFORMATION:
|
PLATE NUMBER: __________. REG. YEAR: __________. VEHICLE
YEAR: __________.
|
MAKE: __________ MODEL: __________. BODY TYPE: __________.
|
COLOR: __________. VIN NUMBER: __________.
|
REGISTERED VEHICLE OWNER: NAME:
|
ADDRESS:
|
POLICE PRECINCT INFORMATION:
|
NAME OF PERSON RECEIVING REPORT:
|
PCT.#__________ DATE: __________ TIME: __________AM
|
NAME AND SIGNATURE OF OWNER OF THE PRIVATE PARKING
LOT, OR HIS/HER AGENT SPECIFIED IN THE CURRENT FILED CONTRACT AGREEMENT
WHO IS ACTUALLY PRESENT IN SAID PRIVATE PARKING LOT AND REQUESTING
SEIZURE OR REMOVAL:
|
______________________ ______________________
NAME SIGNATURE
|
E.
Disconnection upon request. If the vehicle owner or other person
lawfully in possession of the keys to the vehicle arrives at the scene
of the tow prior to the removal of the vehicle, and the vehicle is
connected to any apparatus for removal, then upon request and upon
payment of a service fee described herein, the vehicle shall be disconnected
from such apparatus, and such vehicle owner or other person lawfully
in possession of the keys to the vehicle shall be allowed to remove
the vehicle from the premises without interference. The service fee
shall not be more than 40% of the charge allowed for removal pursuant
to the written agreement on file with the police precinct, for which
a receipt shall be given by the licensee. Each licensee shall carry
a legible copy of this section of this chapter, with this subsection
highlighted, and shall show it to a vehicle owner or other person
lawfully in possession of the keys to the vehicle who arrives at the
scene of the tow prior to the removal of a vehicle.
F.
Occupied vehicles. It shall be unlawful to remove a vehicle if it
is occupied by a person or if removal would cause physical harm to
a person.
G.
Removal to terminal. Notwithstanding any other provision of law, unless otherwise directed by an official duly engaged in law enforcement, a vehicle which is removed shall be taken directly to the tow car owner's terminal for storage maintained by the person licensed to engage in towing pursuant to this chapter who has removed such vehicle and which is within Town limits and no more than five miles from the point of removal. Such terminal must comply with the requirements of § 183-4 of this chapter.
H.
Police notification. Any licensee who removes a vehicle pursuant
to this section shall remove the vehicle directly to its terminal
and shall, within one hour of the vehicle's removal, notify in writing
and via facsimile the local police precinct having jurisdiction over
the area from which the vehicle was removed, for the purpose of reporting
the location of the towed vehicle, the time and date the vehicle was
removed, the location from which the vehicle was removed, the name
of the person who authorized the removal, the fact that the removal
was pursuant to a contract with the owner of the private parking lot,
and shall obtain the name of the person at such police precinct to
whom such information was reported and note such name on a trip record
and removal receipt. In addition to the foregoing information and
in order to facilitate the local police precinct's identification
of the vehicle, the licensee shall transmit via facsimile together
with the notification a photograph of the vehicle's license plate
and vehicle identification number. Such writing and facsimile shall
be kept on file by the licensee for a period of at least six months
and a copy thereof made available to the vehicle owner upon request.
I.
Such removal receipt must comply with the following form:
2 Copies:
|
TOW CAR OWNER NAME
| |
1 For tow car owner
|
TERMINAL ADDRESS
| |
1 For vehicle owner
|
TELEPHONE NUMBER
| |
PRIVATE PARKING LOT TOW REMOVAL RECEIPT
| ||
DATE OF REMOVAL: ________________
| ||
TIME OF FIRST OBSERVANCE OF IMPROPERLY OR UNAUTHORIZED PARKED
VEHICLE BY AGENT AUTHORIZED TO REQUEST REMOVAL: __________AM/PM
| ||
TIME OF REMOVAL: __________AM/PM (MUST BE AT LEAST 15 MINUTES
AFTER TIME NOTED ABOVE)
| ||
VEHICLE INFORMATION:
| ||
License Plate #: _________. State: _________. Year: _______.
Make: __________.
| ||
Model: ______________.
VIN #: ______________
| ||
TOWED FROM: (Insert Complete Name and Address of Private Parking
Lot)
| ||
| ||
TERMINAL ADDRESS TOWED TO:
| ||
MILEAGE TOWED:__________
| ||
TOWN OF HEMPSTEAD RATES (ALL CHARGES MUST BE ITEMIZED)
| ||
REMOVAL
|
$125 (INCLUDES 1ST 3 DAYS STORAGE & MILEAGE)
|
|
STORAGE
|
$25 PER DAY THEREAFTER
|
|
DROP FEE
|
40% OF REMOVAL CHARGE(S) WHEN VEHICLE OPERATOR OR OWNER ARRIVES
PRIOR TO REMOVAL FROM SCENE
|
|
SUB TOTAL
|
| |
SALES TAX
|
| |
TOTAL
|
| |
TOW CAR DRIVER: ________________ T.O.H. LIC. #_______
(Full
Name)
| ||
PAYMENT RECEIVED BY: _____________ DATE: _______
(Signature)
| ||
METHOD OF PAYMENT (Circle One): CASH/VISA/MASTERCARD/DISCOVER/American
Express
| ||
I ACKNOWLEDGE THAT NO RELEASE OR WAIVER OF ANY KIND, WHICH
WOULD RELEASE THE TOW CAR DRIVER OR TOW CAR OWNER FROM LIABILITY FOR
DAMAGES MAY BE REQUIRED AS A CONDITION OF RELEASE OF THE ABOVE DESCRIBED
VEHICLE.
| ||
SIGNATURE OF OWNER OR PERSON IN CHARGE OF SAID VEHICLE
|
DATE
| |
TOW CAR DRIVER OR OWNER AND VEHICLE REDEEMER MUST SIGN
BOTH RECEIPTS
|
J.
No release or waiver. No release or waiver of any kind which would
release the licensee removing the vehicle from liability for damages
may be required from any such vehicle owner or other person as a condition
of release of the vehicle to such person. A detailed, signed receipt
showing the legal name of the tow car driver and tow car owner removing
the vehicle must be given to the person paying the removal and storage
charges at the time of payment. Cash and the following major credit
cards shall be accepted for payment at no additional charge or fee
to the vehicle owner: Visa, MasterCard, Discover, and American Express.
K.
When an owner of a private parking lot, his or her authorized agent
as designated in the contract with the tow car owner, or a licensee
causes a vehicle to be removed in violation of this section, there
shall be no charge to the vehicle owner or other person in charge
of the vehicle to be removed for the cost of removal and storage.
L.
No person may, under authority of this section, cause the removal
of any ambulance, police vehicle, civil defense emergency vehicle,
emergency ambulance service vehicle, environmental emergency response
vehicle, sanitation patrol vehicle, hazardous materials emergency
vehicles, or ordinance disposal vehicle of the armed forces of the
United States.
M.
Notwithstanding any provision of this chapter to the contrary, no
licensee shall tow away or remove from the premises a vehicle illegally
parked in a private parking lot unless and until not less than 15
minutes have elapsed from the time that the owner of the private parking
lot, or his/her authorized agent specified in the current filed contract
agreement, being actually present in said private parking lot, personally
observes that the vehicle is in an illegally parked condition thereon.
Failure of the licensee to comply with, or ensure the owner/agent's
compliance with, this time requirement shall be grounds for the Town
Clerk to suspend the licensee's license for a period not to exceed
60 days. This provision shall not apply to any illegally parked vehicle
which is causing an immediate safety hazard.
N.
Booting of motor vehicles prohibited. It is hereby found and declared
that the practice of booting vehicles parked in private parking lots
accessible to the public poses a danger to the safety and welfare
of the public because such practice may prevent the removal of vehicles,
even when such removal is necessitated by an emergency. Booting may
also cause dangerous confrontations between vehicle owners and the
person booting their cars. Owners of private parking lots wishing
to maintain parking for rule abiding customers or residents are primarily
interested in keeping spaces available to legitimate users; no service
is performed, therefore, by immobilizing vehicles and preventing legitimate
use of the space occupied. Private persons should therefore be prohibited
from engaging in the practice of booting. No person may boot or authorize
the booting of a vehicle in a private parking lot.
O.
It shall be illegal for an owner of a private parking lot to authorize
or direct the removal of a vehicle in a manner inconsistent with this
chapter.
A.
Towing from the scene of an accident within the Town shall be done
on a rotation system as set forth herein under the supervision of
the Town Clerk acting in cooperation with the Nassau County Police
Department.
B.
Zones established.
(1)
There are hereby established six towing zones within the Town:
(a)
Zone 1: comprising the First Precinct of the Nassau County Police
Department.
(b)
Zone 2: comprising that part of the Second Precinct of the Nassau
County Police Department located within the Town.
(c)
Zone 3: comprising that part of the Third Precinct, South Subdivision
of the Nassau County Police Department located within the Town.
(d)
Zone 4: comprising that part of the Fourth Precinct of the Nassau
County Police Department located within the Town.
(e)
Zone 5: comprising that part of the Fifth Precinct of the Nassau
County Police Department located within the Town.
(f)
Zone 7: comprising that part of the Seventh Precinct of the
Nassau County Police Department located within the Town.
(2)
The Town Clerk is authorized to further divide any zone into two
zones if he/she deems such division beneficial for carrying out the
purpose of the rotation system. The number of zones, and geographical
location of such zones in relation to the Town, are subject to change
and revision based upon the organization and reorganization of the
precincts by the Nassau County Police Department.
C.
Each zone shall have separate rosters established by the Town Clerk
for accident towing and heavy-duty towing. For each licensed tow car
owner there shall be a maximum of two rosters, in either one or two
zones combined which must be adjacent to each other geographically,
that the tow car owner can be included in. A licensed tow car owner
shall have a minimum of one flatbed tow car assigned per two rosters.
D.
Each licensed unrestricted tow car owner shall be entitled to be
listed on one roster for the zone in which their terminal is located
for no additional charge. A fee of $500 will be charged for each additional
roster in each additional zone for each licensed tow car zone a tow
car owner wishes to be included.
E.
The precinct commanders of the individual precincts of the Nassau
County Police Department shall each maintain the accident and heavy-duty
vehicle rosters for his/her respective zone, and if the Town Clerk
divides any of the precincts into two zones pursuant to this section,
the commander of that precinct shall maintain such rosters for both
zones. The precinct commanders shall require that a copy of the rosters
be on file at the communications desk at each respective precinct.
F.
When an accident occurs in the Town requiring the service of a tow
car, it shall be reported to the respective precinct of the Nassau
County Police Department. The Nassau County Police Department is hereby
authorized to direct by a landline telephone a licensed tow car owner
to the scene of an accident. Notification to so proceed shall be in
rotation from the roster of licensed tow car owners for that zone
and no substitution of tow car owners is permitted. The Nassau County
Police Department shall notify the vehicle owner or his or her authorized
representative of the name, address and phone number of the tow car
owner who towed the vehicle.
G.
Where two or more vehicles at the scene of an accident require towing
by the same type of tow car, the tow car owner notified to proceed
pursuant to this section shall be allowed to tow as many of such vehicles
as it advises the police it may supply tow cars for in a timely manner.
The police shall advise the tow car owner during the notification
how many vehicles are required to be towed. If the licensed tow car
owner or tow car driver, upon being given its notification to proceed,
advises the police that it cannot handle all the vehicles involved,
then the police shall call the next available tow car owner(s) from
the rotation list to tow the vehicle(s) which the first tow car owner
cannot handle. A tow car owner may respond to the scene of an accident
only with its own tow cars, and no substitutions are permitted.
H.
If a call is made with diligence (a minimum of six rings) from the
Nassau County Police Department precinct to a tow car owner and he/she
does not answer or is unable to proceed to the scene, such tow car
owner shall be skipped and the next authorized tow car owner on the
roster shall be called and notified to proceed to the scene of an
accident. If the phone of the tow car owner is busy when the Nassau
County Police Department attempts the call, the Police Department
shall make two more consecutive attempts to call such tow car owner
before skipping them. Such attempts shall be noted on the log sheet.
All tow car owners shall have a live person answer all phone calls
or utilize an answering service with a live phone operator only.
I.
An authorized tow car owner shall arrive to the scene of the tow
within 30 minutes after notification to proceed. If the tow car owner
shall fail to arrive within 30 minutes after notification to proceed,
or has arrived with equipment not adequate to perform the requested
services, he/she shall lose his/her turn on the rotation roster, and
shall not be entitled to receive any compensation for responding.
J.
The Nassau County Police Department police communications desk for
each zone shall each keep a ledger for each roster in which shall
be recorded each call requiring tow car service and the name of the
authorized tow car owner notified to proceed to the accident. There
shall also be entered in the ledger each call made to an authorized
tow car owner, the time of the call and a notation as to whether the
call was properly responded to by said tow car owner only. The ledger
sheets will be provided to the Nassau County Police Department by
the Town Clerk. The police shall quarterly or on demand provide copies
of the ledger to the Town Clerk or his authorized representative.
K.
Any licensed tow car owner on a respective roster who shall fail
to answer or arrive to the scene of an accident in a timely manner
or fails to respond after notification on three occasions in a quarter
shall be removed from the respective roster for the balance of that
quarter by the Nassau County Police Department, and for the subsequent
quarter, and said Department shall thereafter inform the Town Clerk,
in writing, of such removal. If a tow car owner is unable to respond
to a scene due to illness, vacation, or mechanical breakdown, etc.,
he or she shall notify the Town Clerk and the Nassau County Police
Department precinct(s) in which he or she is on a tow list, in writing
by certified mail, return receipt requested. Such notice shall include
the dates he or she will be unable to answer calls, and must be sent
at least two weeks before the unavailability, unless exigent circumstances
prevent it. Missing a call during such period of excused unavailability
will not count against the tow car owner.
L.
The Town Clerk shall create a roster for each zone by random lot
at the beginning of each licensing year. The Town Clerk is also permitted
to create new rosters by random lot for each quarter (i.e., April
1, July 1, and September 1 of each calendar year). The selection by
random lot shall be performed in a manner which may be witnessed by
the public, and announced in advance by the Town Clerk. The Town Clerk
shall also update rosters from time to time during each licensing
year to reflect additions or deletions of tow car owners.
M.
The licensed tow car owner or tow car driver shall tow said vehicle to the terminal on record maintained by the tow car owner in compliance with § 183-4.
N.
Any vehicle owner shall be permitted to inspect his or her vehicle
and remove items of personal property contained therein if it can
be dismantled and removed from the vehicle without the use of any
tool, and any agent shall be permitted to inspect such vehicle whether
or not the payment for towing and storage has been made. No charge
shall be assessed to the vehicle owner or the vehicle owner's agent
for such inspection. The participant shall be given a receipt for
any property removed from a vehicle while it is in the custody of
the participant.
O.
Upon presentation of sufficient proof of ownership and payment of
the authorized charges, the vehicle shall be released to the vehicle
owner. If proof of ownership is located within the vehicle, the vehicle
owner shall be permitted to access the vehicle to retrieve the proof.
Sufficient proof of ownership shall include the current, valid, vehicle
registration and/or title of said vehicle, along with the vehicle
owner's proof of identification.
P.
It shall be unlawful for any tow car owner or tow car driver or any
other person to tow a vehicle, or transfer possession of a towed vehicle,
without the express written authorization of the vehicle owner. Such
written authorization must be in a form approved by the Town Clerk.
Q.
Subject to the prior review and approval of the Town Attorney, the
Town Clerk shall have the authority to promulgate additional reasonable
rules and regulations in order to administer the rotational tow system.
R.
Any tow car owner in possession of a valid tow car owner's license
for the period January 1, 2014, to December 31, 2014, shall be extended
to June 30, 2015, in order to comply with the provisions of this chapter.
These provisions shall also apply to persons in possession of a valid
Town tow car driver's license. Hereafter, the licensing year shall
be July 1 to June 30 of the following year.
S.
Nothing herein or in any other section of this chapter shall obligate
a vehicle owner whose vehicle is towed from the scene of an accident
by a tow car owner or tow car driver to utilize such tow car owner
or a motor vehicle repair shop with which such tow car owner or tow
car driver contracts to perform any repairs to his/her vehicle.
A.
An offense against any provision of this chapter shall be punishable
by a fine of not more than $500 or by imprisonment for a period not
exceeding 15 days for each such offense, or by both such fine and
imprisonment. For conviction of a second offense, such violation shall
be punishable by a fine of not more than $1,000 or by imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment. For conviction of a third or subsequent
offense, such violation shall be punishable by a fine of not more
than $2,000 or by imprisonment for a period not exceeding 15 days
for each such offense, or by both such fine and imprisonment.
B.
Notwithstanding any other provision of this chapter, any person committing an offense against any provision of §§ 183-2, 183-4, 183-8 and 183-9 hereof shall be guilty of a class B misdemeanor, which shall be punishable by a fine of not more than $1,000 or imprisonment for a period not exceeding three months for each such offense, or by both such fine and imprisonment. For conviction of a second offense, such violation shall be punishable by a fine not more than $2,000 or by imprisonment for a period not exceeding six months for each such offense, or by both such fine and imprisonment. For conviction of a third or subsequent offense, such violation shall be punishable by a fine not more than $3,000 or by imprisonment for a period not exceeding one year for each such offense, or by both such fine and imprisonment.
C.
Notwithstanding any other provision of this chapter, any person committing an offense against any provision of §§ 183-10, 183-11 and 183-12 hereof shall be guilty of a class B misdemeanor, which shall be punishable by a fine of not more than $3,000 or imprisonment for a period not exceeding three months for each such offense, or by both such fine and imprisonment. For conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine not more than $5,000 or by imprisonment for a period not exceeding six months for each such offense, or by both such fine and imprisonment. For conviction of a third or subsequent offense, both of which were committed within a period of five years, such violation shall be punishable by a fine not more than $7,000 or by imprisonment for a period not exceeding one year for each such offense, or by both such fine and imprisonment.
D.
Each day of continued violation shall constitute a separate additional
violation.
E.
In addition to the penalties provided herein, an offense against
this chapter may result in the suspension or revocation of the tow
car owner's or tow car driver's license.
This chapter shall not be applicable:
A.
To a vehicle dismantler registered pursuant to § 415-a
of the Vehicle and Traffic Law of the State of New York when engaged
in towing in the course of the operation of the business of a vehicle
dismantler.
B.
To a governmental agency.
C.
When performing towing services which are not offered to the general
public, to:
(1)
A franchised public transportation operator.
(2)
A bus company, as such term is defined in Subdivision 2 of § 2 of the Transportation Law of the State of New York, to operate pursuant to Article 7 of such law.
(3)
A public utility company or a public utility corporation, as such terms are defined in Subdivisions 23 and 24, respectively, of § 2 of the Public Service Law of the State of New York.
(4)
An owner of a vehicle licensed pursuant to Chapter 185, Taxicabs and Limousines, of the Code of the Town of Hempstead.
(5)
An operator of a school bus, as such term is defined in § 142
of the vehicle and Traffic Law of the State of New York.
(6)
A motor vehicle rental agency.
A.
There is hereby established a towing Advisory Committee to assist
the Town Board and the Town Clerk in establishing recommendations
for rules and regulations for the implementation of this chapter.
B.
The Committee shall be comprised of the Town Clerk or his/her designated
representative, who shall act as Chairperson of the Committee. The
Town Attorney or his/her designee shall serve as the Vice Chairperson
of the Committee.
C.
The Town Board shall appoint two tow truck owners licensed by the
Town of Hempstead to serve as members of the Committee. In addition,
the Town Board may appoint a private citizen as a member of the Committee.
All members of the Committee shall be appointed and serve at the pleasure
of the Town Board.
D.
The Town Board may appoint one of its members to serve as a member
ex officio of the Committee.
E.
The Committee shall meet from time to time at such time and place
designated by the Chairperson. In no event shall the Committee meet
less than twice in any calendar year.
F.
The Committee shall have the following powers and duties:
(1)
To make rules for the conduct of the Committee's business.
(2)
To keep minutes of the Committee's proceedings.
(3)
To conduct meetings, forums, workshops and seminars on the subject
of towing matters.
(4)
To make recommendations to and to assist the Town Board in the drafting
of legislation concerning towing matters and this chapter.
(5)
To make recommendations to and to assist the Town Clerk in the drafting
of rules and regulations under this chapter.
(6)
To act as an advisory board on appeals of decisions rendered by the
Review Appeal Board relating to the provisions of this chapter.
(7)
To act as mediator in any controversy or issue that may arise among
or between tow car owners.
If any section, subdivision, sentence, clause, phrase or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the section, subdivision, sentence, clause, phrase
or part directly involved in the controversy in which such judgment
shall have been rendered.