[Added 2-6-2012 by L.L. No. 2-2012]
A.
It is hereby declared and found that the booting and subsequent towing
of vehicles in the City of Beacon involves matters affecting the public
interest and that certain improper practices related thereto should
be subject to regulation for the purpose of protecting and safeguarding
the public health, safety and welfare and to prevent and protect the
public from fraud, abuses and unnecessary inconvenience.
B.
The City has received ongoing complaints that insufficient signage
is posted in parking lots to warn the public that vehicles may be
booted and then towed if parked improperly or illegally. Other complaints
have been made concerning alleged abuses by towing company personnel.
The City finds that appropriate business practices should include
giving adequate warning to the general public of the consequences
of parking improperly or illegally on privately owned real property,
standardized penalties for violations, and giving the vehicle operators
an opportunity to correct what might otherwise be an innocent mistake.
C.
The City therefore desires to regulate booting services and certain
towing services within the City through licensing of the businesses
providing such services and establishing guidelines for the property
owners/operators who employ them. These regulations are hereby enacted
to safeguard the public against future fraud and improper booting
practices and certain towing practices and to better serve the overall
health, safety, welfare and good order of the City of Beacon and its
inhabitants.
As used in this article, the following terms shall have the
meanings indicated:
A device or lock which is affixed to the wheel of a motor
vehicle, preventing the wheel from rotating and, thereby, immobilizing
the vehicle; may also be referred to herein as a "booting device."
The act of affixing a boot to a motor vehicle.
A yard, garage or storage facility capable of storing motor vehicles safely and which is made secure by the installation of fences, walls and other security devices designed to protect vehicles being stored therein, subject to additional requirements set forth in § 211-40C of this article.
Real property owned by an individual, firm, association,
joint venture, partnership, corporation, or other legal entity whatsoever,
and shall include, without limitation, the parking lots, parking areas,
driveways and sidewalks of shopping centers, parking garages, apartment
complexes, condominium complexes, and other land used for multifamily
or commercial purposes, but shall not include the driveways or parking
areas of private homes which are not held open to the public.
The lawful moving of a vehicle which has been parked illegally
or improperly on the privately owned real property of another or which
has been disabled, abandoned or improperly or illegally parked on
a public street.
Any business or person lawfully engaged in the practice of
towing vehicles for a fee in the City of Beacon. For purposes of this
article, "towing company" shall also include any business or person
lawfully engaged in the practice of booting motor vehicles for a fee
in the City of Beacon.
A motor vehicle used for towing, usually equipped with a
crane, winch, tow bar, push plate, flat bed or other device or feature
used to push or pull another motor vehicle.
A.
Towing company registration. No towing company shall provide booting
services or tow a vehicle that has been booted within the City of
Beacon without first applying for and receiving a license from the
City.
(1)
Application. All towing companies wishing to provide booting services
and/or subsequent towing services within the City of Beacon shall
complete an application filed with the office of the City Clerk. Such
applications shall include the following items and such other information
as the City Clerk deems necessary:
(a)
The name of the towing company;
(b)
The postal and e-mail address and telephone number of the towing
company's primary place of business;
(c)
The names, postal and e-mail addresses and telephone numbers
of the owners, managers, and chief operating officers of the towing
company;
(d)
Copies of the current licenses/identification cards of all employees
of the towing company whose job it shall be to tow or boot motor vehicles,
subject to the additional requirement that the list of employees held
by the City must be kept current and up-to-date by the towing company;
(e)
Certificates of insurance naming the City of Beacon as a certificate
holder entitled to notice of cancellation or nonrenewal and evidencing
public liability insurance covering personal injury, property damage,
fire and theft, held by the towing company and issued by an insurance
carrier licensed to do business in New York State; and
(f)
Copies of the signed contracts for towing and/or booting services
executed between the applicant towing company and the owners/operators
of any privately owned real property that shall receive such services,
provided that the towing company is also responsible for furnishing
the City with copies of all contracts for towing and/or booting services
executed following issuance of a license pursuant to this article.
(2)
Acknowledgment. All applications filed with the City shall have an
attached acknowledgment, signed by an owner, manager, or chief officer
of the towing company, stating that the towing company understands
and is in compliance with all local and state laws concerning towing
and booting operations.
B.
Annual registration. Towing companies must register/reregister with
the City of Beacon on an annual basis, and fees for towing licenses
and booting licenses shall be assessed and paid separately in accordance
with the City's fee schedule.
C.
No license granted pursuant to this article may be transferred to
another party or individual.
A.
Towing fees. The maximum fee that can be assessed against the owner/operator
of a motor vehicle for towing of the vehicle from privately owned
real property is $75, plus applicable taxes. Under no circumstances
shall the owner/operator of a motor vehicle be charged more than this
amount.
B.
Storage fees. The maximum fee that can be assessed against the owner/operator
of a motor vehicle that has been towed and stored at an impound lot
is $15/day. Under no circumstances shall the owner/operator of a motor
vehicle be charged more than this rate.
C.
Prohibition on hookup fees. A towing company may not charge the owner/operator of a motor vehicle for merely attaching a motor vehicle to a tow truck where the vehicle is not subsequently removed from the premises. This provision does not prevent a towing company from collecting a fee for attachment of a booting device as defined in Article V of this chapter.
D.
Booting fees. The maximum fee that can be assessed against the owner/operator
of a motor vehicle for attachment/removal of a booting device is $25,
plus applicable taxes. Under no circumstances, shall the owner/operator
of a motor vehicle be charged more than this amount.
E.
Prohibition on double fees for booting. The fee charged for attachment
and removal of a booting device to a motor vehicle is a one-time charge,
and a booting company may not charge for attachment and removal of
a booting device separately.
A.
The owner/operator of privately owned real property may have a motor
vehicle towed from the premises or booted where such motor vehicle
is parked improperly or illegally on the premises and where the applicable
signage requirements of this article have been satisfied.
B.
A motor vehicle improperly or illegally parked on privately owned real property and subsequently booted may be towed from the premises, subject to the provisions in § 211-40 of this article, where the owner/operator of the vehicle fails to contact the towing company responsible for the booting within 24 hours from the time when the booting device was affixed to the motor vehicle, or where the owner/operator of the vehicle refuses to pay the applicable fees.
C.
A motor vehicle is deemed to be parked improperly or illegally where
it:
(1)
Obstructs access to a fire hydrant or emergency exit on the premises;
(2)
Obstructs the means of vehicular ingress and egress on the premises;
(3)
Obstructs the designated walkways on the premises or the public sidewalks
abutting the premises;
(4)
Is parked in a handicapped parking space or fire or ambulance zone;
(5)
Is not parked in any marked space, provided the parking area provides
marked spaces for parking;
(6)
Prevents removal of garbage and other wastes from the premises;
(7)
Is parked in a way specifically prohibited by the property owner/operator
and so noticed on the warning sign posted at the entrances to the
privately owned real property; or
(8)
Violates a provision of Article 32 of the New York State Vehicle
and Traffic Law concerning stopping, standing and parking of motor
vehicles.
A.
No towing company employee shall tow or boot an unattended motor vehicle improperly or illegally parked on privately owned real property sooner than five minutes after the vehicle has been parked. The time when the towing company personnel arrived at the location of the improperly or illegally parked vehicle shall be recorded in the log book maintained by the towing company pursuant to § 211-43A of this article.
B.
No towing company employee shall tow or boot a motor vehicle where
the owner or operator of the vehicle appears and offers to remove
the vehicle from the place where it is improperly or illegally parked
and the towing company employee shall remove any connective or booting
devices from the motor vehicle free of charge.
C.
Any vehicle towed from privately owned real property in the City
of Beacon must be taken to an impound lot or other storage facility
located within a ten-mile radius of Beacon City Hall, 1 Municipal
Plaza, Beacon, NY 12508.
[Amended 2-19-2013 by L.L. No. 4-2013]
D.
Payment of the applicable fee, pursuant to § 211-38A through B, for towing and storage of a motor vehicle shall be paid immediately prior to return of the vehicle to its owner and a receipt memorializing the transaction shall be given to the vehicle owner and a copy thereof retained by the towing company.
E.
The owner of an impounded motor vehicle shall have the right to inspect
his/her vehicle for damage prior to payment of the prescribed fees
for towing and storage of motor vehicles.
F.
Nothing herein shall prevent a City official or agent of the City
from having a vehicle towed immediately in the event of an emergency,
or where a motor vehicle is improperly or illegal parked on public
land.
G.
Where a booting company employee boots a motor vehicle on privately
owned real property, the employee, or another employee of the company,
must remove the boot from the vehicle within 20 minutes after being
contacted by the vehicle's owner or operator.
H.
Payment of the applicable fee, pursuant to § 211-38D through E, for attachment and removal of the booting device shall be paid immediately prior to removal of the device and a receipt memorializing the transaction shall be given to the vehicle owner or operator and a copy thereof retained by the booting company employee.
The owner/operator of privately owned real property may not
order a towing company to tow or boot a motor vehicle parked improperly
or illegally on the premises without first complying with the posting
requirements below.
A.
All signs required pursuant to this section shall be commissioned,
installed and maintained at the expense of the property owner/operator.
All owners/operators of privately owned real property subject to towing
or booting practices have a continuing obligation to ensure that proper
signage is posted on the premises.
B.
Posting requirements.
(1)
Sign specifications. A sign shall be posted and maintained in a conspicuous
location, easily observable from motor vehicles entering upon privately
owned real property, and shall:
(2)
Warning. All signs shall feature the word "WARNING" in capital lettering,
displayed prominently on the top of the sign's facade, and shall state
that motor vehicles parked on the premises are subject to towing and/or
booting and, further, that any and all fees incurred as a result are
the responsibility of the vehicle owner. Such signs must also specify
the areas or spaces on the premises where parking is restricted or
prohibited, or indicate how vehicle operators can distinguish such
areas or spaces from those where parking is open to the public.
(3)
Towing company information. In addition to the foregoing, all signs
hereunder shall feature the name and contact information of the towing
company contracted to provide towing and/or booting services to the
subject privately owned real property as well as the applicable fees
for towing, storage and booting of vehicles.
(4)
Placement. All warning signs must be posted within 15 feet of each
curb cut that gives vehicular access to the privately owned real property,
facing in each authorized direction of travel on the abutting public
highway(s). Such sign must be posted no lower than seven feet above
grade level and no higher than 10 feet above grade level.
C.
The Superintendent of Highways and a representative from the Beacon
Police Department shall jointly inspect the location where a warning
sign is to be installed no later than one week prior to installation,
and shall advise the property owner whether the proposed signage will
be sufficient and in compliance with the requirements of this section.
(1)
The inspecting agents/officials shall order that any noncompliant
signage be replaced at the property owner/operator's expense.
(2)
The inspecting individuals may order that a sign be relocated or
adjusted in order to comply with public safety concerns or the requirements
of this article.
(3)
No vehicle may be towed from, or booted on, privately owned real
property until proper signage has been inspected, approved and properly
installed.
D.
Written notice of booting. A booting company shall, at the time it
attaches a booting device to a motor vehicle, affix a written notice
to the same motor vehicle alerting the vehicle owner/operator that
a boot has been placed on the vehicle. All notices hereunder shall
be brightly colored, and shall state:
(1)
The identifying features of the motor vehicle, including the make,
model and year of the vehicle, as well as the license plate number,
if possible;
(2)
The date, time and street address/parking facility where the vehicle
is located;
(3)
The name, contact information and business hours of the booting company
which attached the booting device; and
(4)
The one-time fee for attachment and removal of the device.
E.
Notification to Beacon Police Department. A towing company shall
alert the City of Beacon Police Department immediately before it tows
or boots any motor vehicle at the request of the owner/operator of
privately owned real property and shall inform the Police Department
of the time and location of the activity as well as the make, model,
year and license plate number of the affected motor vehicle.
After a hearing held on no fewer than 14 days' notice to the
licensee towing company, served either in person or by certified mail
to the mailing address on the towing company license application,
the Police Department may, in a writing setting forth such reasons,
deny a towing or booting license, refuse renewal of a towing or booting
license, or suspend or revoke a towing or booting license where:
A.
The towing company application does not comply with one or more of
the provisions set forth in this article;
B.
The towing company made intentional misrepresentations in its towing
license application;
C.
The towing company is found to have violated the provisions of this
article on three occasions or more; or
D.
There have been two or more complaints against the towing company
or its personnel alleging fraudulent or abusive practices which are
corroborated following a reasonable investigation by the Beacon Police
Department.
A.
Log books. All towing companies operating in the City of Beacon shall
maintain a log book, in either paper or digital form, in each of their
trucks.
(1)
Log books shall contain:
(a)
The records of all incidents where an improperly or illegally
parked motor vehicle has been towed from privately owned real property
or booted, specifying information concerning the date, time and address
or location of the activities, as well as the make, make model, year
and license plate of the affected motor vehicles.
(b)
Laminated/protected copies of the towing company's current towing
and/or booting licenses; and
(c)
A schedule of all applicable fees for towing, booting and storage
services.
(2)
Completed log books must be retained by the towing company and stored
for no less than three years.
B.
The Office of the City Clerk shall promulgate a system for receiving
applications for towing company registration; maintaining records
of applications; recording payment of application fees; and shall
maintain separate lists of registered towing companies operating within
the City of Beacon. The City Clerk shall furnish copies of the specified
lists to the City of Beacon Police Department.
C.
The City of Beacon Police Department shall promulgate rules for approving/denying
applications for licenses and for responding to and recording reports
made by towing companies regarding their towing activities within
the City of Beacon and public complaints concerning the same.
A.
Notwithstanding any other provision in the Beacon City Code concerning
penalties, violation of this article shall constitute a violation
as defined in §§ 55.10, Subdivision 3, and 80.05, Subdivision
4, of the New York State Penal Law and shall be punishable by a mandatory
fine of $100 for the first offense, $150 for a second offense and
$250 for each and every subsequent offense, provided that a fine under
this article may not exceed $250.
B.
The City of Beacon Police Department shall be charged with enforcement
of this article and shall have the power and authority to issue summonses
and tickets for violations thereof.
If any provision, paragraph, word or section of this article
is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words and sections shall not be affected and
shall be continued in full force and effect.
