It shall be unlawful for any person to operate any tow car owned
or controlled by him or permit the same to be operated within the
enforcement jurisdiction of the Town of Oyster Bay, without having
first obtained and then having in force, an owner's license therefor
as hereinafter provided.
Every license issued hereunder shall expire on the 30th day
of June next succeeding the date of its issuance, unless sooner revoked
by the Town Clerk as hereinafter provided.
Every person who desires to operate a tow car or tow cars owned
by him within the Town of Oyster Bay shall file with the Town Clerk
a written application upon forms to be furnished by the Town Clerk,
verified under oath stating:
A. The name and address of the applicant, address of the place from
which tow cars are proposed to be garaged and dispatched, specifying,
in the case of any corporation or unincorporated association, the
names and addresses of each officer.
B. All crimes of which the applicant or any member thereof, if an unincorporated
association, or any officer, if a corporation, has been convicted,
stating the name and location of the court and the date on which such
convictions were had and the penalties imposed therefor.
C. The experience of the applicant in the towing of vehicles for hire.
D. Any facts which tend to prove that the public convenience requires
the granting of a license to the applicant.
E. The number of vehicles proposed to be operated by the applicant and
a description of each such vehicle, including the make, model, year
of manufacture. New York State registration number and motor number
thereof.
F. The age and citizenship of the applicant and each member thereof,
if an unincorporated association, and each officer thereof, if a corporation.
G. The location of any garages, storage areas and terminals proposed
to be used by the applicant.
H. Whether the applicant wishes his name to appear on the Town tow car
list, as detailed below.
[Amended 12-11-1990; 6-13-2000 by L.L. No. 6-2000; 6-27-2006 by L.L. No.
7-2006]
Applicants for a restricted license or supplementary restricted
license will be required to pay a nonrefundable fee in the amount
indicated in the Town of Oyster Bay Town Clerk Tow Car Fee Schedule
as approved by the Town Board, and will be limited to normal towing
and will not be permitted at scenes of accidents.
[Amended 8-31-1982; 7-12-1988; 12-11-1990; 6-13-2000 by L.L. No. 6-2000; 6-27-2006 by L.L. No.
7-2006]
Applicants for an unrestricted license or supplementary unrestricted
license will be required to pay a nonrefundable fee in the amount
indicated in the Town of Oyster Bay Town Clerk Tow Car Fee Schedule
as approved by the Town Board, and will be allowed at accident scenes.
The unrestricted will qualify as provided:
A. Licensees operates and maintains a bona fide terminal within the
Town of Oyster Bay or an incorporated village within the area of the
Town of Oyster Bay, except that persons holding a valid tow car license
of the Town of Oyster Bay as of March 31, 1977, may apply for and
be issued an unrestricted license, even if the applicant's terminal
is not within the Town of Oyster Bay, if otherwise qualified.
B. Such terminal maintains twenty-four-hour service to respond to emergency
calls regarding motor vehicles.
C. The tow truck or trucks of such licensees are equipped with a lifting
boom or similar device in rear of truck, a minimum ton-and-a-half
power winch equipped with 100 feet of three-eighths-inch steel cable
and equipped to push all types of vehicles, dolly wheels, a fire extinguisher,
a crowbar and an emergency flashing light, at least one dozen flares,
a heavy duty broom and shovel.
D. All terminals within the unincorporated area of the Town of Oyster Bay which are used to satisfy the requirements of Subsection
A hereof shall be located upon premises which are benefited by a Town Board special exception pursuant to § 246-250A(27) or § 246-272A(6) or § 508(f) of the Building Zone Ordinance, or said premises shall have been used for such purpose
continuously since on or before January 27, 1953, if located in a
G Business District or October 15, 1968, if located in an H Light
Industrial District. All applicants pursuant to this section shall
submit, with their application, a certified copy of the relevant Town
Board special exception permit or, in lieu thereof, a true affidavit
by the owner of the premises, or a principal or officer of the owner,
if the same is not an individual, setting forth that the premises
have been used continuously for a tow car terminal since on or before
the aforesaid relevant date and any such other information as the
Town Clerk shall require.
Upon receipt of an application, the Town Clerk may forward the
same to the New York State Division of Criminal Justice Services for
such investigation of the applicant as is deemed necessary or advisable
for the protection of the public good and welfare.
In making the findings required by §
221-11 hereof, the Town Clerk shall take into consideration the number of tow cars already in operation in the town, particularly in the area in which the applicant proposes to locate his garages, storage areas and terminals, whether existing tow car service is adequate to meet the public need, the probable effect of additional tow cars on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
The Town Clerk may, in his discretion, before the issuance of a license under §
221-11 requires the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application as hereinafter provided.
Any license issued under this article may be renewed annually
for additional periods of one year each from the date of expiration
upon the filing of an application containing all the information required
by the provisions of this chapter for original applications, with
the exception of any allegation as to public necessity.
No license shall be issued or renewed under this article which shall permit the use of any vehicle as a tow car unless and until it has been inspected and certified by the Town Clerk or his representative as conforming to the requirements of §§
221-29 and
221-30 hereof.
Before the issuance to him of a license under this section,
each applicant shall file with the Town Clerk evidence that he is
insured against public liability in the limits of $100,000 for personal
injury to each person, $300,000 for personal injury for each accident
and $50,000 for property damage, which insurance shall be maintained
in force during the period covered by the license.
The owner's license issued hereunder shall not be transferable.