No owner or operator of a towing vehicle shall operate the same
or engage in or solicit towing business in the Town of Oyster Bay
unless duly licensed in accordance with the provisions hereunder.
It is hereby declared and found that it is of vital importance
to the traveling public that disabled vehicles are removed from the
highways as promptly as possible; that any delay in such removal may
result in retarding the movement of traffic unnecessarily and may
cause street accidents; and that the towing of motor vehicles from
public highways and private property within the Town of Oyster Bay
is a matter affecting the public interest and, consequently, should
be subject to supervision and administrative control for the purpose
of safeguarding the public against fraud and imposition of exorbitant
towing charges or any similar abuse.
Unless otherwise expressly provided, for the purpose of this
chapter, the following words shall have the meanings herein indicated:
ACCIDENT
Any incident or occurrence in which one or more vehicles
come into contact with each other or other object thereby causing
personal injury or property damage.
BOOT
The act of placing on a parked motor vehicle a mechanical
device that is designed to be attached to the wheel or tire or other
part of such vehicle so as to prohibit its movement.
[Added 6-13-2000 by L.L. No. 6-2000]
DRIVER
Any person driving a tow car within the enforcement jurisdiction
of the Town of Oyster Bay for hire.
FOR HIRE
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.
OPERATE
The control and direction of the use of a vehicle for towing
from places within the enforcement jurisdiction of the Town of Oyster
Bay, for hire.
OWNER
A person owning, leasing or controlling one or more tow cars
and driving, operating or causing any such vehicle to be operated
for hire within the enforcement jurisdiction of the Town of Oyster
Bay.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
RESTRICTED LICENSE
That license issued to the owners of towing cars authorizing
the holder thereof to engage in all tow car operations except that
he may not respond to the scene of an accident or remove a disabled
vehicle from the scene of an accident, nor may be solicit any person
involved in an accident, at the scene of such accident, for the towing
of such vehicle, whether directly or indirectly on his behalf or on
behalf of any other person, firm or corporation; nor may be, at the
scene of an accident where towing is required, make an estimate of
the cost of repairs or to offer to make such an estimate or to offer
to make such repairs, although no charge is imposed for towing. No
such solicitation shall be made at the scene of the accident nor from
private property in the vicinity of the scene of the accident.
SCENE OF ACCIDENT
Any area of a street or private property where a vehicular
accident has occurred or to which a vehicle is removed to prevent
obstruction of traffic, and will remain so until the vehicle or vehicles
are removed either under its own power or by a properly licensed tow
car.
SOLICIT
To entreat, approach, request, peddle, canvass, hawk, advertise
or publish either on the towing vehicle or otherwise.
[Amended 11-27-1979]
TERMINAL
Any place of business maintaining twenty-four-hour service
and located within the Town of Oyster Bay or within an incorporated
village located within the area of the Town of Oyster Bay, where licensee
maintains a licensed tow car to respond to calls regarding motor vehicles.
TOWING
The moving or removing of a disabled or abandoned motor vehicle
by other vehicle for hire.
TOWING CAR or TOW CAR
A vehicle which either is towing or is equipped with a crane,
winch or similar device designed to raise, remove, push, pull or carry
a motor vehicle or the front or rear end thereof. For the purpose
of this chapter, the following shall not be considered "towing cars":
A.
Vehicles of a governmental agency.
B.
Vehicles used exclusively for towing motor vehicles which are
owned, leased or operated by the owner or lessee of the towing vehicle
or by a person, firm or corporation which is affiliated with the owner
or lessee of the towing vehicle, and such vehicles have legibly inscribed
on each side, in letters not less than three inches high, the legend
"not for public hire."
TOWN
The unincorporated area of the Town of Oyster Bay, including both public highways and private property and excluding the incorporated villages located therein, unless the provisions of §
221-53 are applicable.
UNRESTRICTED LICENSE
That license which is issued to the owners of towing cars
authorizing the holder thereof to engage in all tow car operations,
including responding to the scene of an accident as hereinafter provided.
The Town Clerk shall have authority to limit the number of unrestricted
towing car licenses to be issued thereunder to any one licensee in
accordance with such reasonable standards as he may establish.