[Adopted 12-28-2011 by L.L. No. 1-2012]
For purposes of this article, the following terms shall have
the following meanings:
DISABLED VEHICLE
Any vehicle for which towing is necessary because of a vehicular
accident or for which towing is necessary because of the vehicle's
inability to proceed under its own motive power due to reasons other
than a vehicular accident.
PARTICIPANT
A tow truck operator that has a permit to be on the rotational
tow list.
PERSON IN CHARGE OF A VEHICLE
The operator or owner of a vehicle or any person designated
by the owner to contract for the towing or repairing of such vehicle.
POLICE CHIEF
The Chief of the Town of Hyde Park Police Department or his
designee.
POLICE OFFICER
A police officer as defined by New York Criminal Procedure
Law § 1.20(34).
ROTATIONAL TOW LIST
A list of authorized tow truck operators, prepared and maintained
by the Police Department, that are authorized to respond to disabled
vehicles or motor vehicle accidents within the Town of Hyde Park.
TOW TRUCK
A vehicle that is equipped with a crane, winch, tow bar,
push plate, bed or other device designed to pull or push a vehicle
or to raise a vehicle or the front or rear end thereof.
TOW TRUCK NOTIFICATION DISPATCHER
The Town of Hyde Park Police Department Dispatcher or such
other person or agency that is responsible for the dispatching of
tow trucks to the scene of a disabled vehicle within the Town of Hyde
Park.
TOW TRUCK OPERATOR
A person or business entity licensed to engage in the business
of towing for hire.
VEHICLE
A vehicle as defined in § 159 of the Vehicle and
Traffic Law and having a maximum gross vehicle weight of less than
15,000 pounds.
[Amended 9-17-2012 by L.L. No. 7-2012]
A participant must possess a valid permit issued pursuant to
this article to be included on the Town of Hyde Park rotational tow
list.
[Amended 9-17-2012 by L.L. No. 7-2012]
A. The Town of Hyde Park, by the adoption of this article, hereby authorizes
the establishment of a procedure to dispatch tow truck operators to
the scene of accidents on public highways in the Town known as the
"rotational tow list."
B. For each zone that has been established, the Police Chief shall maintain
a list of tow truck operators who have complied with the requirements
of this article and are permitted to participate in the Town of Hyde
Park rotational tow list.
C. The Police Chief shall set the number of participants for each rotational
tow list; however, the maximum number on such list shall not be more
than 10 tow truck operators nor less than five.
D. The rotational tow list shall be amended by the Police Chief on the
first working day of the month, only in the event of an addition or
deletion of a participant(s). Upon approval, new participants will
initially be placed at the bottom of the rotation list for the zone(s)
for which they have been accepted.
E. The rotational tow list(s) shall be filed with the Police Chief,
the Town Board and the Town Clerk and shall be available to the public
for inspection.
[Amended 9-17-2012 by L.L. No. 7-2012]
A. The applicant must own, lease or sublease business premises which
include either lighted and fenced outdoor storage facilities or indoor
storage facilities within the boundaries of the Town of Hyde Park.
In addition, the applicant must maintain a place of business either
within the Town of Hyde Park or within a 1/4 mile of the boundary
of the Town of Hyde Park.
B. The vehicle storage facility shall be under the exclusive control
of the applicant, shall not be used by any other towing company and
shall consist of a location that is open to the public, where towing
company personnel are employed and where all records required by this
article are maintained.
C. An applicant's permit to participate in the rotational tow list
is valid only for such business premises as identified in its application.
Such permit to participate in the rotational tow list shall be revoked
when the business premises of such applicant is moved from the location
that was identified in the application unless the participant has
notified the Police Chief of its change of address.
D. Applicants must be willing and able to provide towing service 24
hours a day, seven days a week, all year long.
E. Applicants must promptly respond to a request from the tow truck
notification dispatcher. To be eligible to be placed on the rotational
list, an applicant must be able to provide a tow truck at the disabled
vehicle's location within 20 minutes after notification by the tow
truck notification dispatcher.
F. Tow truck requirements:
(1) The company name must be permanently affixed on each side of the
wrecker or tow truck. All lettering setting forth the company name
must be legible in a contrasting color.
(2) In addition to any other equipment required by applicable state and
federal law, a tow truck responding to a disabled vehicle must be
equipped with the following minimum equipment:
(a)
Flashing or revolving amber lights on the truck;
(b)
A dry chemical fire extinguisher with a minimum of 10 psi of
pressure;
(d)
Three triangular road reflectors;
(i)
Equipment to tow vehicles with damaged or missing wheels;
(k)
Speedy Dry, sand or other substance to control fluid spills;
G. Tow truck operators employed by the applicant must possess a valid
driver's license appropriate for the class of tow trucks listed
in the application with applicable tow truck endorsements.
Each permit and sticker issued hereunder shall not be transferred
from one person to another nor from one vehicle to another.
Every participant who desires to add to the number of tow trucks
it is duly permitted to operate shall file an amendment to its application
with the Police Chief or his or her designee containing the following
information:
A. The name and address of the applicant.
B. The applicant owner's permit number.
C. Proof of required insurance, valid registration and inspection.
D. A description of each such additional tow truck, including the make,
motor number and the year manufactured.
Participants may withdraw from the rotational tow list program
10 days after they have notified the Town Board and Police Chief,
in writing, by regular mail, of their intention to end their participation.
[Amended 9-17-2012 by L.L. No. 7-2012]
The Town Board shall retain authority to promulgate such other
rules and regulations as it deems necessary, consistent with the intent
of this article.
This article shall not be construed to prohibit any other person
or firm from engaging in the business of providing towing, wrecking
or mechanical services within the Town.