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,[1] 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.
A.
The applicant shall submit to having two individual photographs of
the applicant taken under the supervision of the office of the Town
Clerk.
B.
The applicant shall submit to fingerprinting by the Nassau County
Police Department on forms to be provided by the Town Clerk and shall
pay, by money order drawn to the order of the New York State Division
of Criminal Justice Services, a fee in the amount as established by
the New York State Division of Criminal Justice Services for such
service.
[Amended 6-13-2000 by L.L. No. 6-2000; 6-27-2006 by L.L. No.
7-2006]
C.
The photographing and fingerprinting requirements may be specifically
waived by the Town Clerk upon such facts as in his discretion warrant
such waiver.
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.
[Amended 8-9-1988]
A.
If the Town Clerk shall find the tow car service in the town, and particularly in the area in which the applicant proposes to operate, is required by the public convenience, safety and necessity and, from the statements contained in the application for a tow car owner's license, that the applicant is a fit person and capable of properly conducting such tow car businesses and to conform to the provisions of this chapter, then the Town Clerk, upon the certification of each tow car proposed to be operated by the applicant pursuant to § 221-6 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant, and the date of the issuance thereof, the number of vehicles the applicant is authorized to operate, and at the same time the Town Clerk shall issue for each vehicle licensed hereunder a license bearing the words "licensed tow car," and assigned number, and the year of issuance; otherwise, such application shall be denied.
B.
The Town Clerk shall not issue any license under this chapter or,
having issued such license, may revoke or suspend the same after written
notice and a hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Any violation of this chapter.
(3)
Conviction of any crime or misdemeanor involving:
(a)
A felony involving the use of a vehicle by the application within
the last three years, except as otherwise specifically hereinafter
provided.
(b)
A crime involving the manufacture, knowing transportation, possession,
sale or habitual use of amphetamines, a narcotic drug, a formulation
of an amphetamine or a derivative of a narcotic drug.
(c)
Operating a vehicle while under the influence of alcohol, an
amphetamine, a narcotic drug, a formulation of an amphetamine or a
derivative of a narcotic drug.
(d)
Leaving the scene of an accident.
(e)
A crime against or involving children.
C.
Before making any findings as to whether public convenience, necessity and safety justify the issuance of a tow car owner's license, or the licensing of additional tow cars under § 221-14 hereof, the Town Clerk shall cause to be published in a newspaper of general circulation in the Town of Oyster Bay a notice stating that application of a vehicle or vehicles as tow cars, the number of vehicles for which such application has been made and containing a statement that written arguments as to whether public convenience, safety and necessity require the licensing of such vehicles must be filed with the Town Clerk on or before the date fixed therein, which date must be not less than eight days after the date of such publication. Any arguments so filed must be considered by the Town Clerk in making her/his findings as to public convenience, safety and necessity.
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.
A.
Every owner licensed under § 221-11 who desires to add to the number of tow cars he is duly licensed to operate shall file a written application under oath with the Town Clerk stating:
(1)
The name and address of the applicant.
(2)
The applicant-owner's license number.
(3)
Any facts which the applicant believes tend to prove that the public
convenience and necessity require such addition.
(4)
A description of each such additional tow car, including the make,
model and year of manufacture.
B.
If the Town Clerk shall find that public necessity warrants the addition of the tow car(s), then he shall issue a supplementary owner's license stating the name and address of the applicant, the number of the owner's-operator's license and the number of additional vehicles the owner is authorized to operate and the date of the issuance thereof, and, at the same time, a license for each additional tow car in the form as provided in § 221-11 hereof; otherwise such application shall be denied.
A.
Every owner licensed under this chapter who desires to add additional
places of tow car service or who desires to transfer a place of tow
car service shall file with the Town Clerk a written application under
oath stating:
(1)
The name and address of the applicant.
(2)
The applicant-owner's license number.
(3)
Any facts which the applicant believes tend to prove that the public
convenience and necessity require such additional places of tow car
service or transfer of place of tow car service.
(4)
The address of the additional place of tow car service or transfer
of place of tow car service.
B.
If the Town Clerk shall find that the additional places or transfer
of tow car service is in the public interest, then he shall issue
written authorization setting forth the additional places of transfer,
as the case may be, and the date thereof; otherwise such application
shall be denied.
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.
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.
