The City Council of the City of Newburgh, New York hereby finds and declares that it is vital to the peace, order and well-being of the inhabitants of the City of Newburgh to have safe and clear streets, avenues, roads and public highways where pedestrians and motorists and their passengers can travel. The City Council further finds and declares that it is in the best interests of the public that those who engage in the business of operating tow trucks, wreckers and similar and related functions be properly qualified and equipped to engage in said business in a safe, effective, fair, efficient and capable manner. Therefore, the City Council of the City of Newburgh hereby adopts the following additions and amendments to Chapter
297, Wreckers and Towers, of the Code of Ordinances of the City of Newburgh.
Unless otherwise expressly provided, the following words for
the purpose of this chapter shall have the meanings herein indicated.
Unless otherwise specified, references to a City officer, agency or
function shall refer to the same of, by or related to the City of
Newburgh. All pronouns shall be deemed to refer to the singular, plural,
masculine, feminine or neutral tense and gender as the sense requires.
ABANDONED VEHICLE
A vehicle which satisfies the conditions set forth in New
York State Vehicle and Traffic Law § 1224.
ACCIDENT
Any incident or occurrence in which one or more vehicles
come into contact with each other or other objects, thereby causing
personal injury and/or property damage.
CITY
The City of Newburgh.
DEBRIS
Any material resulting from an accident or breakdown which
is found on or near a public highway and which must be removed to
ensure safe and proper use of such highway.
FOR HIRE
Includes any incident where a fee, charge or other consideration
is directly or indirectly imposed for towing, carrying or removing
a vehicle, and it shall include any case where any person makes repairs
on a towed vehicle for consideration, although no charge is expressly
imposed for towing such vehicle.
GARAGE
Any place of business which is not in violation of the existing
Zoning Ordinance or Building Code of the City of Newburgh, and, as a substantial source of its activity, engages
in the repair of motor vehicles and/or provides on-premises parking
for their storage.
OPERATE
Includes the control and direction of the use of vehicles
and equipment for towing from places within the City of Newburgh for
hire.
OPERATOR
Any person driving a tow truck upon public highways for hire,
and/or taking action to tow and otherwise remove vehicles and debris
from the public thoroughfares of the City of Newburgh.
OWNER
Includes a person owning or leasing or controlling one or
more tow trucks and/or wreckers and driving or operating or causing
any such vehicle to be operated upon the public highways for hire.
PERSON
Includes an individual, partnership, and incorporated association,
a corporation or any other entity engaged in the business or activity
of towing.
SNOW EMERGENCY
The declaration of same according to the standards and procedures set forth in Chapter
288 of the City of Newburgh Code.
TOW TRUCK or WRECKER
A motor vehicle which is either equipped for the purpose
of carrying, lifting, repairing or removing, for hire, any disabled
motor vehicle or is used in the business of towing or removing such
disabled motor vehicle(s).
TOWING
The moving or removing of disabled or abandoned motor vehicles
by another vehicle for hire, or the response to or repair of such
vehicles for such purpose.
TRAFFIC STOP/TOW
The towing of a vehicle at the direction of a law enforcement
officer following the stopping of such vehicle pursuant to law.
[Amended 2-15-2011 by Ord. No. 7-2011]
A. No owner or driver of a wrecker or tow truck may charge in excess of the rates set forth in Chapter
163, Fees, of this Code for towing and winching of vehicles, motorcycles and mopeds, when such tow or winch is at the direction of the City of Newburgh Police Department, including impoundment at the City's direction for law enforcement purposes under §
297-12 of this chapter and traffic stop tows under §
297-13 of this chapter.
B. The City of Newburgh may audit the tow logs, books and records of
all licensees at any reasonable time, for its own convenience or upon
request of an interested party.
C. A charge as set forth in Chapter
163, Fees, of this Code may be imposed against the owner or responsible party for provided clean-up services to remove debris, fluids and other materials from the location, if necessary, to restore conditions of safe passage on the thoroughfare.
D. A charge as set forth in Chapter
163, Fees, of this Code may be imposed per application of "speedy dry" and/or other such materials as may be necessary to restore conditions of safe passage on the thoroughfare.
Every license issued pursuant to this chapter shall expire on
the 31st day of October following the issuance thereof. No such license
is transferable from one operator to another nor from one vehicle,
owner or related entity to another.
[Amended 6-14-2010 by Ord. No. 10-2010; 1-9-2023 by Ord. No. 2-2023]
The annual license fee for the vehicles licensed hereunder for 12 months or any part thereof and for each such license or renewal thereof shall be as set forth in Chapter
163, Fees, of this Code. Such fees shall be payable to the City Clerk.
It shall be unlawful for any person to service or tow away any
motor vehicle which has been involved in an accident without the prior
consent of the owner or operator or of the police officer at the scene
of the accident. No motor vehicle shall be serviced at or removed
from the scene of an accident where the police officer requires or
requests that an examination be made of the damaged vehicle to determine
whether the vehicle was defective or where the police officer requires
that photographs or diagrams of the scene be made, or for any other
lawful purpose as such officer may determine. It shall be unlawful
for any licensee to move, remove or tow away any motor vehicle involved
in an accident without the licensed operator first notifying the police
agency having jurisdiction of the motor vehicle accident and obtaining
its approval to move or remove said vehicle involved in any such accident.
When called to the scene of an accident, the licensee shall
be responsible for removing debris from the roadway, such as glass,
metal fragments, etc., thereby leaving the roadway free from such
debris. As required by the direction of a police officer or City employee,
or as prudent concern for public safety requires, the licensee shall
apply such absorbent, cleaning, drying, slip-and-skid resistant material
as shall render the roadway and/or sidewalk safe for passage.
The licensee shall be responsible for the collection of all
fees for service, towing or storage of any vehicle. Neither the City
of Newburgh nor any of its agencies or employees shall act as agent
for the collection of any fees, nor shall they be held responsible
in the event of nonpayment of any monies due to any licensee from
private or other third parties as a result of services performed in
accordance with this chapter.
The Chief of Police or his designated representative(s) shall
cause to be inspected each licensee's place of business and any and
all vehicles and equipment used in such business at least, but not
less frequently than, twice per year, at such times and as often as
the Chief of Police may reasonably determine. The license granted
hereunder may be suspended should such premises, vehicles and/or equipment
fail such inspection.
In the event that the licensee fails to comply with the provisions
of this chapter, the Chief of Police shall suspend its license and
shall notify the licensee and the City Manager in writing. The license
shall remain suspended until all violations are corrected. Any licensee
so aggrieved by the Chief of Police's action shall be entitled, upon
written request, within seven days from the date of suspension, to
a hearing before the City Manager to review and approve or disapprove
said suspension.
Each operation/licensee hereunder shall have at all times in
proper legal status and sound operational condition not fewer than
two service vehicles, at least one of which must be a flatbed, and
the other of which may be a flatbed or tow truck.
A. Each wrecker, tow truck or service truck shall be equipped with an
amber light mounted at the top of the cab of such vehicle and shall
be of a type that is visible 360° for a distance of not less than
500 feet under normal atmospheric conditions, or equal lighting equipment.
B. Each wrecker, tow truck or service truck shall be equipped with two
flashing lights (four-way flashers) so mounted as to show the width
of the vehicle from the rear; said lights shall be visible for a distance
of not less than 500 feet under normal atmospheric conditions.
C. Each wrecker or tow truck shall be equipped with tow-away lights
as required by the New York State Vehicle and Traffic Law.
D. Each wrecker, tow truck or service truck shall be equipped with not
fewer than three thirty-minute burning-type flares and three reflector-type
flares, and at least three reflector-type triangles.
E. Each wrecker, tow truck or service truck shall be equipped with a
fire extinguisher, the minimum rating of which shall total 20 pounds
ABC.
F. Each wrecker or tow truck shall be equipped with hoisting equipment
of sufficient capacity to perform the service intended. The hoisting
equipment of each wrecker shall be securely mounted to the frame of
such vehicle. The winch of such hoisting equipment shall contain not
less than 100 feet of three-eighths-inch steel strand cable, except
that a flat bed shall not contain not less than 35 feet, said cable
shall be one continuous length and shall be free of breaks, splits
or knots.
G. Each wrecker, tow truck or service truck shall be equipped with a
broom, shovel, a receptacle for debris, crowbar and a spotlight, either
mounted or hand-held.
H. Each tow truck, wrecker or service truck shall be equipped with a
minimum of 20 pounds of absorbent substance to be applied as necessary
to remove fluids and liquids from the surface; and shall be equipped
with a sufficient quantity of such material to prevent slips and skidding,
to restore the thoroughfare to a safe condition.
I. Each wrecker, tow truck or service truck shall meet all of the requirements
of the Vehicle and Traffic Law for such vehicles. Certification and
proof of compliance with such requirements shall be kept current and
on file with the City of Newburgh Police Department at all times.
J. Each licensee hereunder shall comply with all signage requirements
as set forth in this chapter, and in the Code of the City of Newburgh
and in New York State law.
Nothing provided herein shall be construed to prevent the City of Newburgh from contracting with a particular towing company for services to be provided in lieu of relying on a rotating list as provided in §
297-15 whenever, in the sole discretion of the City Manager and/or City Council, the best interest of the City of Newburgh so requires. Competitive bidding, if and as may be required by state law, shall be offered before the contract is awarded.
[Amended 2-15-2011 by Ord. No. 7-2011; 11-26-2012 by Ord. No.
8-2012]
A. In the event that a vehicle is towed by the employees and agents of the City itself, using tow vehicles, equipment and facilities owned and/or controlled by the City, then the City of Newburgh shall charge such fees against the owner and/or party responsible for such towed vehicle and for winching, cleaning the scene, storage and all other applicable charges equivalent to the schedule of fees charged by private licensees as authorized under §
297-3 of this chapter for such services. Such towing and related services shall be performed and provided by the City generally in accordance with the protocols set forth in this chapter as are applicable to private licensees, subject to such specific provisions and commands as may be issued by the City Manager and the Chief of Police or their designee(s).
B. Persons or entities reclaiming vehicles from the City shall comply
with the following before such vehicle shall be released by the City:
(1) Satisfactory proof of ownership and/or entitlement to physical possession
of such vehicle shall be provided to the Parking Violations Bureau.
(2) Payment of all outstanding fines, violations, parking tickets and all other offenses and fees shall be made to the Parking Violations Bureau. The Parking Violations Bureau shall issue a receipt for such payment, which receipt must be provided to the designated officer or agent of the Police Department prior to such release. If the vehicle is designated as an "abandoned vehicle," then, in addition to the foregoing, the City shall charge an additional fee as set forth in Chapter
163, Fees, of this Code prior to releasing same.
(3) If a vehicle is towed by a private licensee to a City storage facility at the request of the City, in addition to the foregoing, the City shall charge the owner or responsible party a sum equivalent to the towing cost charged to the City by such private licensee plus a storage fee as set forth in Chapter
163, Fees, of this Code.
(4) Abandoned vehicles.
(a)
If the vehicle towed by or at the request of the City is designated
by the City as an "abandoned vehicle," and the value of such vehicle
as established by the City is less than $1,250, the City shall pay
to a private licensee for such tow a fee of $50. If such vehicle is
stored at a private facility, the City will not be liable to such
private licensee for any storage charges; and the City will take or
accept possession of such vehicle from such private licensee within
a reasonable time.
(b)
If an abandoned vehicle towed pursuant to Subsection
B(4)(a) above has a value as established by the City of $1,250 or more, the private licensee in physical possession of such vehicle may retain possession of same for further handling and disposition in compliance with the New York State Vehicle and Traffic Law and applicable rules and regulations, or may turn over such physical possession of same to the City upon notice to the City and acceptance by the City of same. If a vehicle is turned over to the City pursuant hereto, the licensee shall also provide to the City at such time all documentation and available history regarding said vehicle.
C. Boot and tow program for scofflaws.
[Added 10-28-2013 by Ord. No. 12-2013]
(1) Any unattended vehicle found parked upon a street or on any City-owned
property or property under the jurisdiction or control of the City
against which there are three or more outstanding or otherwise unsettled
parking violation summonses within an eighteen-month period for which
judgments have been issued may, by or under the direction of a police
officer, parking enforcement officer or other designee of the Director
of the Parking Violations Bureau, either by towing or otherwise, be
removed or conveyed to and impounded in any place designated by the
Director of Parking Violations or immobilized in such a manner as
to prevent its operation, except that no such vehicle shall be immobilized
by any means other than by use of a device or other mechanism which
will cause no damage to such vehicle unless it is moved while such
device or mechanism is in place.
(2) It shall be the duty of the police officer, parking enforcement officer
or other designee of the Director of the Parking Violations Bureau
removing or immobilizing such motor vehicle or under whose direction
such motor vehicle is removed or immobilized to inform, as soon as
practicable, the Director of Parking Violations, who shall in turn
inform, by first-class mail, the owner of the impounded or immobilized
vehicle of the nature and circumstances of the prior unsettled parking
violations summonses for which or on account of which such vehicle
was impounded or immobilized. In any case involving immobilization
of a vehicle pursuant to this subsection, such police officer, parking
enforcement officer or other designee of the Director of the Parking
Violations Bureau shall cause to be placed on such vehicle, in a conspicuous
manner, a notice sufficient to warn any individual to the effect that
such vehicle has been immobilized and that any attempt to move such
vehicle might result in damage to such vehicle.
(3) The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Parking Violations Bureau concerning all outstanding summonses and judgments against said vehicle and by payment of the sum as outlined in Chapter
163, Fees, for the removal of the immobilization device or mechanism.
[Amended 2-15-2011 by Ord. No. 7-2011]
A. The fee payable to the City Clerk with each application for a tow truck and operator's license shall be set forth in Chapter
163, Fees, of this Code and may be revised each year.
B. Rates charged for towing vehicles, storage and specialized services at the request and/or direction of the City of Newburgh Police Department within the City of Newburgh shall not exceed the rates as set forth in Chapter
163, Fees, of this Code.
C. All licensees shall be required to post in their garage, or service station, or place of business, in a conspicuous place and available for view by the public, a schedule of the maximum rates for towing and storage, at the direction of the City of Newburgh Police Department, as set forth in Chapter
163, Fees, of this Code.
D. Tow charges incurred by the City for the removal of each abandoned
vehicle shall not exceed one tow charge per vehicle.
Licensing pursuant to this chapter shall create no new or additional
liability or any special relationship or duty for or upon the City
of Newburgh. The City's performance pursuant to this chapter is in
furtherance of its general responsibility to the public. No person,
business entity or corporation may or is authorized to create a special
duty to anyone either by representation, act or omission. Licensees
pursuant to this chapter shall indemnify the City to the fullest extent
allowed by law.
The declaration of a snow emergency or other special condition
shall immediately invoke the rules, regulations and requirements applicable
thereto under the City Code and/or under state law. Whenever there
is a conflict between such rules, regulations and requirements and
this section, such rules, regulations and requirements shall apply.
The Chief of Police may adopt such protocols and procedures
not inconsistent herewith as shall enable him to carry out the provisions
of this chapter.