[HISTORY: Adopted by the City Council of the City of Newburgh 2-17-2005 by Ord. No. 1-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 297,
Wreckers and Towers, adopted 10-27-1980, as amended.
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.
A vehicle which satisfies the conditions set forth in New
York State Vehicle and Traffic Law § 1224.
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.
The City of Newburgh.
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.
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.
Any place of business which is not in violation of the existing
Zoning Ordinance or Building Code of the City of Newburgh,[1] and, as a substantial source of its activity, engages
in the repair of motor vehicles and/or provides on-premises parking
for their storage.
Includes the control and direction of the use of vehicles
and equipment for towing from places within the City of Newburgh for
hire.
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.
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.
Includes an individual, partnership, and incorporated association,
a corporation or any other entity engaged in the business or activity
of towing.
As defined in the Vehicle and Traffic Law of New York.
The declaration of same according to the standards and procedures set forth in Chapter 288 of the City of Newburgh Code.
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).
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.
The towing of a vehicle at the direction of a law enforcement
officer following the stopping of such vehicle pursuant to law.
A.
No person shall engage in the business of or offer services of a
tow truck for hire or other type of motor vehicle designed and able
to provide road service or tow other motor vehicles within the City
of Newburgh unless a license therefor shall first have been obtained
from the Clerk of the City of Newburgh upon proper application therefor
as hereinafter provided. However, tow truck operators doing business
from and based outside the City of Newburgh may enter the City without
a license to remove a motor vehicle from any garage, private residence
or any street by permission and at the request of the owner of such
vehicle. Nothing herein shall be construed as prohibiting any tow
truck operator whose business is based outside the City from applying
for the same license herein required and obtaining said license if
qualified under the same terms as a business located within the City
of Newburgh.
B.
The application shall include the following information:
(1)
The name, business address and telephone number of the applicant.
(2)
The name(s), business address(es) and telephone number(s) of all
entities related to the applicant. For the purpose of this chapter,
a related entity shall include any individual, partnership, corporation
or other entity who or which engages in the business of towers and
wreckers and which includes as a director, trustee, officer, employee
or agent one or more individuals who serve in any of said capacities
for the applicant; and/or which owns in whole or in part or which
operates one or more vehicles which are also owned in whole or in
part or operated by or for the applicant; and/or which shares in whole
or in part the ownership or use of the property, equipment, employees,
financing or other assets of the applicant. In the event of existing
related entities, the application shall specify the names, business
addresses and telephone numbers, titles of all such individuals; and
the application shall further specify all vehicles, properties, equipment,
registration numbers of vehicles, licenses held, including license
numbers, and other assets shared by the applicant and any and all
related entities, or held, owned and/or operated by either of them.
(4)
The names and home addresses and home telephone numbers of all employees
who will be responding to calls for towing service on behalf of the
applicant; including a statement of the type and status of any licenses
issued by the State of New York to such employees, including a photocopy
of the front and back of each such license; including any past or
present revocation or suspension of any such license.
(5)
A statement of description if the applicant or any executive, partner,
owner or part owner, officer, director, principal or agent of the
applicant is now or has been the holder of any license or other type
of permit issued by any government agency; and whether such license
or permit has ever been suspended or revoked and, if so, a specific
description of such action and its disposition.
(6)
A copy of each policy, certificate and/or other proof of insurance, including the amount and type of coverage for each vehicle listed in Subsection B(3) above.
(7)
A copy of a New York State repair shop license.
(8)
A statement of description if the applicant or any executive, partner,
owner or part owner, officer, director, principal or agent of the
applicant has been convicted of a misdemeanor or felony.
[Added 8-9-2010 by Ord. No. 14-2010]
C.
The applicant shall update, in writing, the information provided
in the application and keep it current and accurate at all times.
[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.
A.
Every owner and operator of a wrecker or tow truck shall maintain a written schedule of all rates and charges, in compliance with the limitations of § 297-3 hereof, and shall make such schedule available to any person requesting same at any time.
B.
Whenever practicable, the owner or driver of any vehicle utilizing
towing or wrecker services shall be given a copy of a full schedule
of rates at the time the wrecking or towing services are rendered.
Upon the vehicle owner's request, in any event, a full schedule of
rates shall be annexed to each bill for wrecking or towing services.
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.
A.
The City-issued license will be displayed on the sun visor of each
such tow truck and shall be kept in plain view whenever such vehicle
is in operation.
B.
On each such side of every tow truck for which a license has been
issued, the owner shall prominently display, by painting, magnetic
sign or other similar means, the business name and address of the
licensees, together with the business telephone number; lettering
to be not less than three inches high.
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.
A.
All licensees and related entities engaged in towing and storing
vehicles shall have all of the permits, licenses and approvals required
by state and local laws, rules and regulations required for same.
Each individual applicant/operator shall be qualified, licensed and
permitted under state law to operate a New York State registered repair
shop and New York State certified inspection station. Such facility
and license may be used only by a named operator. Operators shall
not be considered to have satisfied this requirement by using a facility
of some other person, company or entity, whether related or otherwise.
Each licensee shall have exclusive ownership and/or control of a suitable,
adequately fenced and secured lot for keeping and storage of vehicles.
Such lot shall be no farther than three miles from the City boundary,
or within the City of Newburgh. In addition, all licensees shall have
a garage keeper's legal liability policy to cover fire, theft and
property damage that will cover any vehicle towed, impounded or stored
and will keep such policy in effect throughout their license period
with the City of Newburgh. Such insurance coverage shall comply with
the City's requirements as to amounts and type of coverage. The City
of Newburgh shall be provided with proof of such coverage, which shall
be kept in effect at all times.
B.
All licensees shall secure policies of insurance providing the amount
of liability insurance for personal injury and property damage on
said tow trucks and garage keeper's legal liability insurance. Licensees
shall provide the City with the name of the insurance companies, which
must be licensed to do business in the State of New York, and the
policy numbers. The limits shall not be less than $100,000 for each
occurrence and not less than $250,000 for property damage for each
incident or claim.
C.
A certificate of insurance shall be provided which requires notice
to the City in the event of cancellation or nonrenewal.
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.
A.
All licensee called upon to tow and/or impound a vehicle by or for
the City of Newburgh Police Department must store the vehicle if so
directed by a member of the Police Department, at such facility as
may be designated by the Police Department or by the City of Newburgh.
B.
If the Police Department directs a licensee to tow and impound a motor vehicle at a facility not owned or controlled by the City of Newburgh, such operator shall be able to provide the facilities to store said vehicle. In case of impoundment, such operator may charge the same fees as authorized under § 297-3 of this chapter for the storage of such motor vehicle. The operator shall provide liability insurance covering said stored vehicles in amounts not less than those required in § 297-9B and said policy shall name the City of Newburgh as an additional insured. The requirements set forth in § 297-9B shall be deemed to apply to the insurance required by this section and by City Code.
[Amended 2-15-2011 by Ord. No. 7-2011]
A.
Police officers of the City of Newburgh and such other law enforcement
officers as may be authorized by law or by the Chief of Police shall
have the authority to order the towing of a vehicle or vehicles following
the stopping of same pursuant to an investigation into a possible
violation of law. Upon ordering such towing, such officer shall comply
as nearly as may be practical and consistent with public safety with
the provisions of this chapter, including the rotating list included
herein.
B.
The operator towing a vehicle pursuant to a traffic stop tow shall
tow such vehicle to such location as directed by such law enforcement
officer as public safety or police procedure may require. If no such
facility is so designated by any law enforcement officer, the operator
shall tow such vehicle according to the following procedure criteria
and rate schedule:
(1)
The operator shall assess the value of such vehicle and immediately
record such assessed value in the log book required to be kept pursuant
to this chapter.
(2)
If such value is less than $1,250, the operator shall tow same to
the City facility designated by the Superintendent of Public Works
for such vehicles.
(3)
If such value is $1,250 or greater, the operator shall tow such vehicle
to an authorized private facility under the ownership and/or control
of such operator.
(4)
As to vehicles towed to a private facility, after retaining physical
custody of such vehicle for no fewer than 10 days, and documenting
same in the log for such vehicle as required by this chapter, the
operator of same may contact the appropriate City agent and request
that the City take physical possession of such vehicle. Upon receiving
such contact, such City agent shall physically inspect and independently
assess the value of such vehicle and shall record such assessed value
in an official recording form of the City. If such City agent independently
assesses such value as less than $1,250, such agent shall accept physical
possession of such vehicle on behalf of the City from such private
facility. If the City agent independently assesses such value as $1,250
or greater, such City agent may decline to accept physical possession
of such vehicle from such private facility. Upon such refusal, said
private operator shall remain fully responsible for the handling and
disposal of such vehicle.
C.
Charges incurred by private parties for towing and related services
provided under this section shall be determined as provided for in
this chapter.
A.
It shall be unlawful for any person to drive along any public street
or highway within the City of Newburgh for the purpose of soliciting
towing or repair work, or to accept such work for compensation if
procured by such solicitation and/or cruising.
B.
It shall be unlawful for any person, including any tow truck operator,
employee or agent thereof to solicit towing or repair work at the
scene of any motor vehicle accident on private property or on a public
highway within the City of Newburgh.
C.
The stopping of any tow truck or service truck within 500 feet of
the scene of any accident or disabled vehicle on any public street
or highway in the City of Newburgh without the prior authorization
of the operator of the vehicle, owner of the vehicle, a member of
the City of Newburgh Police Department or a member of the New York
State Police shall be presumptive evidence of the intent of the operator
of a tow truck or service truck to solicit towing or repair work in
violation of this chapter.
D.
"Cruising" shall be defined as the driving along the public streets
or roadways solely for the purpose of soliciting towing or repair
work without having first been called or otherwise requested to provide
service by the private owner or operator or by an employee of the
City of Newburgh pursuant to this chapter. Cruising for the purpose
of solicitation of towing or repair work shall be unlawful.
A.
Rotating list.
(1)
All licensees appearing on the rotating list shall be available to
respond to service calls 24 hours a day, seven days a week, each and
every day of the year. The police dispatcher shall maintain a rotating
list of all licensed tow truck establishments. When a motor vehicle
is in need of service, the owner or operator may specify the tow operator
to be called. Otherwise, an officer of the City of Newburgh may call
the next available tow operator from such list. All related entities
shall constitute one establishment for the purposes of the rotating
list.
(2)
Calls to the police dispatcher for towing assistance shall be referred
to the firm requested by the owner or operator of the vehicle needing
assistance. If no such firm is specified as the choice of the owner
or operator, such calls shall be referred to the tow truck firm next
on the rotating list. If such licensee is not available, the next
name on said list shall be called. All related entities shall constitute
one establishment as an entry upon and for the purposes of the rotating
list.
(3)
A call referred to a licensed tow operator at the specific request
of the owner or operator shall not affect said licensee's entitlement
to receive calls on the rotating list, nor its standing position on
said list.
B.
In the event that a firm called for towing or service assistance
declines to respond or is unable to or fails to arrive at the location
where assistance is requested within 15 minutes commencing from the
time the firm is notified, the next firm shall be called. The nonresponding
firm shall not be entitled to any compensation and shall be rotated
to the bottom of the list as if it had responded to the call.
C.
A licensee requested to perform a towing service shall not, without
good cause, refuse to respond as requested. Any licensed towing establishment
that misses or denies three or more requests by the City in any ninety-day
period shall be deemed to have refused to perform towing service without
good cause. Any towing establishment deemed to have refused to perform
towing service without good cause as defined herein shall be removed
from the list maintained by the Police Department for a period of
30 days following notification by mail. Any towing establishment that
cannot perform the requirements of this chapter may request to be
removed or may be removed from consideration for towing through or
by the Chief of Police.
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.
A.
The City Manager shall, after a hearing, suspend or deny a license
to any applicant, licensee, operator or related entity whom he or
she determines to be unable or incapable of complying with the requirements
of this chapter or whom he or she shall determine:
(1)
Has violated any of the provisions of this chapter.
(2)
Has been convicted of a misdemeanor or felony which renders him unfit
or unreliable to carry on the trade or occupation of a wrecker or
tower or which is a conviction of any provision of the Penal Law relating
to motor vehicle theft, illegal possession of a stolen vehicle, theft
of auto parts, possession of stolen vehicle parts or any other crime
relating to motor vehicles, their possession, sale, custody, insurance,
registration, inspection, safety or dismantling.
(3)
Has engaged in fraudulent practices relating to the conduct of his
towing, storage or auto repair business. Evidence of a pattern of
such acts or of a number of consumer complaints concerning such applicant
or licensee shall be taken into account in making such determination.
(4)
Has demonstrated incompetence or gross negligence in the conduct
of such business.
(5)
Has, while engaged in his trade or business, operated or has an employee
or agent who has operated a motor vehicle while his ability was impaired
by alcohol or drugs.
(6)
Is a habitual user of or is addicted to illegal drugs, or to the
excessive use or abuse of alcohol.
B.
The City Manager shall, after a hearing, revoke or suspend the license or licenses of any licensee for the same reasons and on the same grounds as for the denial of a license as described in Subsection A hereof.
C.
Where a license is issued to a corporation or a partnership rather than to an individual sole proprietor, any of the items set forth in Subsection A shall equally apply as a ground for denial of a license or suspension or revocation of a license to be issued to or held by a corporation or partnership, or related entity as defined herein, whether such acts or conduct were by the corporation or partnership itself or by an officer, director, partner, employee, operator, driver or agent of the licensee at the time the action or conduct occurred.
D.
After revocation of a license, no license may be granted to the former
licensee or to any officer, director, partner or managing agent, or
related entity having had day-to-day management authority in the operation
of the licensee for a period of three years after the date of revocation.
Such period may be reduced upon application of the licensee in the
discretion of the City Manager after consultation with the Chief of
Police.
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.
A.
Each licensee will provide and keep a towing log book in which all
vehicles towed or serviced from or in the City of Newburgh shall be
recorded. The log book must be clearly marked on the outside cover
"City of Newburgh Towing Log Book" and shall be exclusively for vehicles
towed or serviced pursuant to this chapter. The log book must be produced
for inspection at the request of any police officer or City official.
B.
Each licensee shall record in the log book as to each and every vehicle
towed:
(1)
The date and time of day of towing.
(2)
The towed vehicle license number and/or the vehicle identification
number, and the color, make, model and year of the vehicle.
(3)
The person and/or officer requesting or directing such tow.
(4)
The locations from which and to which the vehicle was towed.
(5)
The person(s) operating the towed vehicle, where identifiable.
(6)
The place at which the vehicle was stored, and the length of time
and charges incurred for such storage.
(7)
The final disposition of the vehicle, i.e., whether it was redeemed
by the owner or otherwise sold or transferred.
(8)
The amount, if any, received by the licensee on the final disposition.
(9)
The efforts made by the licensee to identify the owner of the towed
vehicle; and the basis, if any, of determining that the vehicle was
abandoned.
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.
A.
Any person, business, corporation or entity who or which violates
any provision of this chapter shall be guilty of a violation.
B.
Any person, business or corporation found guilty of violating any
provision of this chapter shall be subject to a fine not to exceed
$100 for the first offense and shall be subject to administrative
action by the Police Chief as set forth herein.
C.
Any person, business or corporation found guilty of violating any
provision of this chapter within one year of a previous conviction
of any such provision shall be fined not less than $250 and shall
be subject to administrative action by the Police Chief as set forth
herein.
D.
Any person, business or corporation found guilty of violating any
provision of this chapter for a third time within three years of the
first conviction shall be fined $500 and the license shall be revoked.
E.
Any person operating a tow truck or road service vehicle as described in § 297-1 in violation of any of the provisions herein shall be guilty of an offense which, upon conviction thereof, will subject said person to a fine of not less than $100 or to a term of imprisonment of not more than five days, or both. This penalty may be invoked against such person upon conviction thereof, in addition to any other penalties prescribed herein or under any other state laws, rules or regulations.
[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.
