Each tow car operated hereunder shall have inscribed on the
outside of each front door the trade name and terminal address of
the owner in letters not less than two inches in height, either painted
or otherwise securely affixed. The medallion shall be affixed to the
left front door or in a conspicuous place adjacent to the front door.
A tow car owner shall be legibly inscribed on each side of the
tow car, in letters and numerals not less than 1 1/2 inches in
height, the lawful towing rates, except that the Town Clerk may waive
this provision upon the determination that this provision is in conflict
with requirements of other state or municipal authorities.
[Amended 5-4-1982; 2-27-1990; 6-13-2000 by L.L. No. 6-2000; 6-27-2006 by L.L. No.
7-2006]
A.
Towing charges. Effective July 1, 2020, the charges for towing shall
be based upon the distance the motor vehicle is to be towed and the
equipment used and neither estimated nor based upon the availability
of tow cars. Towing charges shall be at the rate of not more than
$125 for the first mile or part thereof when towing with regular equipment
and not more than $5 for each additional mile or part thereof. Towing
charges shall be at the rate of not more than $125 for the first mile
or part thereof when towing with flatbed trucks, wheel lift or dolly
wheels and not more than $5 for each additional mile or part thereof.
B.
Storage charges. Effective July 1, 2020, outside storage charges
shall be at the rate of not more than $35 for each 24 hours or part
thereof. Inside storage rates may be determined by written agreement
between the parties. All vehicles must be stored on the premises of
the licensee, whether indoors or outdoors, and shall not be permitted
on any public highway.
C.
Labor charges. Effective July 1, 2020, it shall be lawful and proper
to charge the following additional labor charges:
(1)
A charge not exceeding $50 per 1/2 hour or part thereof when the
use of special skills is required to right an overturned vehicle or
remove it from an off-the-road location.
(2)
For cleanup at an accident scene: $45 per incident. All tow trucks
must be equipped with, and use as needed, a bag/container of oil-absorbent
material. A charge of $15 per ten-pound bag shall be allowed for the
use of such material.
D.
The maximum towing and storage charges set forth in this section
shall not apply to:
E.
Fuel surcharges. A fuel surcharge may be implemented at the discretion
of the Town Clerk.
No fee shall be charged either directly or indirectly for making
an estimate for repairs of any motor vehicle involved in an accident
or otherwise disabled, without the prior written consent of the owner
of the disabled vehicle. The agreement form for repairs required hereunder
shall conform to the applicable New York State standards as provided
in the Vehicle and Traffic Law and Insurance Law.
Except as provided in § 221-40, no motor vehicle shall be towed without an authorization, on a form prescribed by the Town Clerk, signed by the owner of the vehicle or other person in charge thereof. Such authorization shall be for the towing, labor and storage of the vehicle only and shall show the rates to be charged for towing, labor and storing said vehicle. Such signed authorization shall be retained for a period of six months and shall be exhibited upon demand to an official of the Town or any member of the Nassau County Police Department or other police department. The towing authorization required hereunder must be in substantially the following form.[1]
[1]
Editor's Note: The authorization form is included at the end of this chapter.
[Amended 6-13-2000 by L.L. No. 6-2000]
No motor vehicle which is parked on private property, without
authorization of the property owner, shall be towed therefrom unless
the following conditions are met:
A.
Notwithstanding any other provision of this chapter, where a licensed
tow car operator removes a vehicle because it is parked on private
property in a manner inconsistent with posted instructions, and such
removal is pursuant to a contract between the owner of the private
property and the licensed tow car operator for the removal of any
such improperly parked vehicles, such tow car operator may collect
the following charges from the vehicle owner or other person in control
of such vehicle, payable before the vehicle is released, except that
no charge may be collected for removal or storage of a vehicle pursuant
to this section by a person who is not licensed to engage in towing
pursuant to this chapter:
[Amended 6-27-2006 by L.L. No. 7-2006]
(1)
Up to but not more than $95 for removal and the first three days
of storage.
(2)
Up to but not more than $15 per day storage thereafter.
(3)
Up to but not more than $35 for the combined use of towing equipment
(including, but not limited to, doilies, go-jacks, flatbeds/ramps,
and/or wheel lifts).
B.
No owner or operator of parking facilities in private property shall
tow or cause to be towed from such private property any motor vehicle
unless such owner or operator shall conspicuously post and maintain
upon such private property a sign stating the name and telephone number
of the tow operator, the hours of operation for vehicle redemption,
towing and storage fees of the tow operator and the hours vehicles
are prohibited from parking and subject to tow. Any signs required
to be installed pursuant to this subsection must comply with the applicable
sections pertaining to signs as stated in the Building Zone Ordinance
of the Town of Oyster Bay.[1]
C.
The property owner or his authorized agent shall file with the local
precinct of the Nassau County Police Department having jurisdiction
a copy of a written agreement authorizing one or more tow car owners
to tow unauthorized parked motor vehicles located on the property
owner's premises.
D.
No vehicle shall be removed by a tow car operator from private property
without express written authorization by the owner of the private
property or his or her agent as designated in the contract between
the owner of the private property and the tow car operator.
E.
A vehicle may not be removed if it is occupied by a person.
F.
Notwithstanding any other provision of law, a vehicle which is removed
shall be taken directly to a facility for storage maintained by the
person licensed to engage in towing pursuant to this chapter who has
removed such vehicle and which is no more than eight miles from the
point of removal. If no such facility is available, the closest available
facility for storage within the Town maintained by a person so licensed
shall be utilized. Such facility for storage must be a secure place
for safekeeping vehicles.
G.
Any person who removes a vehicle pursuant to this section shall,
within one hour of the vehicle's arrival at a facility for storage,
notify in writing and via facsimile the local police precinct having
jurisdiction over the area from which the vehicle was removed as to
the storage site, the time the vehicle was removed, the location from
which the vehicle was removed, the name of the person who authorized
the removal and the fact that the removal was pursuant to a contract
with the owner of the private property and shall obtain the name of
the person at such police precinct to whom such information was reported
and note such name on a trip record, together with the time and date
that the vehicle was removed.
[Amended 6-27-2006 by L.L. No. 7-2006]
H.
If the registered owner or other person in control of a vehicle arrives at the scene prior to the removal of the vehicle and such vehicle is connected to any apparatus for removal, the vehicle shall be disconnected from such apparatus and such registered owner or other person in control of such vehicle shall be allowed to remove the vehicle from the premises without interference upon payment of a reasonable service fee of not more than 1/2 of the charge allowed for removal as provided in Subsection A of this section, for which a receipt shall be given. Each tow car operator shall carry a legible copy of this section with this paragraph highlighted and shall show it to a vehicle owner or other person in control of the vehicle who arrives at the scene prior to the removal of a vehicle.
I.
No release or waiver of any kind which would release the person or
company removing the vehicle from liability for damages may be required
from any such owner or other person as a condition of release of the
vehicle to such person. A detailed, signed receipt showing the legal
name of the person or company removing the vehicle must be given to
the person paying the removal and storage charges at the time of payment.
J.
When an owner of private property, his or her agent as designated
in the contract with the tow car operator or a tow car operator contracting
with such owner causes a vehicle to be removed in violation of this
section, there shall be no charge to the owner or other person in
charge of the vehicle to be removed for the cost of removal and storage.
K.
No person may, under authority of this section, cause the removal
of any ambulance, police vehicle, civil defense emergency vehicle,
emergency ambulance service vehicle, environmental emergency response
vehicle, sanitation patrol vehicle, hazardous materials emergency
vehicles or ordinance disposal vehicle of the armed forces of the
United States.
L.
It shall be unlawful for any person to immobilize any motor vehicle
parked in the unincorporated areas of the Town of Oyster Bay by any
means, including but not limited to what is commonly referred to as
"booting." No property owner or tenant shall authorize any person
to so immobilize any motor vehicle.
M.
A fuel surcharge may be implemented at the discretion of the Town
Clerk.
[Added 6-27-2006 by L.L. No. 7-2006]
A.
The owner of a tow car shall have prepared a pad of prenumbered bills
containing a printed billhead showing the name and address of his
place of business. The operator of a tow car shall prepare a bill
on his billhead form, in duplicate, the original of which shall be
furnished to the owner of the motor vehicle or his authorized representative.
This bill must be printed in a form approved by the Town Clerk and
shall contain the following information:
(1)
The full name and address of the person engaging tow car.
(2)
The state registration number of the motor vehicle.
(3)
The total amount to be charged for towing, labor and storage rate
per 24 hours or part thereof.
(4)
The full name and address of operator of tow car.
(5)
The state registration number of tow car.
(6)
The tow car license number.
B.
The duplicate of the bill shall be retained by tow car owner for
a period of six months. These bills shall be exhibited upon demand
of any official of the town or any member of the Nassau County Police
Department. Upon payment of the bill given to the owner of the motor
vehicle or his authorized representative, the licensee shall acknowledge
receipt of payment of such bill.
A licensed tow car driver shall:
A.
Have his identification card in good condition in his possession
at all times while engaged in the occupation as a tow car driver,
and a tow car driver, while so engaged, shall also be in possession
of his operator's license.
B.
Not permit any other person to use his identification card.
C.
Not be engaged on an unlicensed tow car or on a tow car the license
for which has been suspended or revoked.
D.
Promptly report the loss of his identification card to the Town Clerk.
E.
Report change of address to the Town Clerk within 48 hours.
F.
Have with him at all times, while engaged in his occupation as a
tow car driver, properly authorized forms for towing and repair, such
forms to be printed and maintained by tow car owners.
Each tow car driver at the scene of an accident shall:
A.
Exhibit his identification card to the owner of the disabled vehicle
or any member of the Nassau County Police Department or a designated
representative of the Town Clerk's office.
B.
Not remove any vehicle from the scene of an accident until proper
authorization has been signed by the owner of the disabled vehicle
or person in charge thereof.
C.
Not remove any vehicle involved in an accident in which a person
has been injured until released by a duly authorized member of the
Police Department having jurisdiction at scene of said accident.
Every tow car driver shall obey all traffic laws, ordinances,
local laws, rules and regulations while operating a tow car and, upon
his conviction for any violation of any such ordinance, shall report
the same within three days to the Town Clerk advising him of the nature
of the offense charged and the name and the location of the court.
The reporting requirement set forth herein shall not apply to parking
violations.
It shall be unlawful for any person to drive along any street
or bridge in the Town of Oyster Bay and actively solicit towing work.
Solicitation of towing work by the operator or other occupant of a
tow car while parked or standing on any street or bridge is also prohibited.
A tow car operator shall not stop, stand or park at the scene of an
accident involving one or more vehicles without having been requested
or notified to do so by the owner of the disabled vehicle or his authorized
representative or the police. Responding to a call merely upon notification
from gas station attendants, taxicab drivers or other unauthorized
persons shall be considered in violation of this provision.
A.
A police officer present at the scene of an accident will present
a list of authorized tow car operators to the owner or driver of any
disabled motor vehicle, provided that such person is physically able
and capable of making such choice of services and said owner or driver
shall have the right to require the services of any available licensed
tow car and it shall be unlawful for any owner or driver of any licensed
tow car to refuse to render such services if such owner or driver
of such disabled motor vehicle is able and willing to pay the fee
prescribed as set forth herein; provided, however, that it is physically
possible for such tow car to tow such disabled motor vehicle and that
such tow car is not already going to or returning from a job.
B.
Any tow car operator responding under this chapter shall be authorized
in accordance with the provisions herein and must render services
with his own tow car, own equipment and own personnel. In the event
that a tow car operator cannot respond as aforesaid, another tow car
operator, selected by the owner of disabled vehicle, shall be summoned
from an appropriate listing thereon.
[Added 11-27-1979]
Licensed tow car owners and drivers, when required, will answer
all communications received from the Town Clerk.
It shall be unlawful for any owner or driver to refuse to surrender
a license or licenses to the Town Clerk upon demand, after such license
or licenses have been suspended, revoked or expired.
It shall be unlawful for any person to demand or receive any
payment in excess of the maximum charges permitted by this chapter.
A.
It shall be unlawful for any tow car owners, driver or any other person to make repairs or to charge a fee directly or indirectly for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled, without entering into a signed agreement with the owner or other person in charge of said disabled motor vehicle fixing the cost, and such agreement shall conform to New York State standards as prescribed in § 221-38.
B.
It shall be unlawful for any owner, driver or any other person to
enter into an agreement for the repair or for the estimate for repairs,
where the owner or person in charge of the motor vehicle involved
in an accident is to be hospitalized because of such accident, until
the expiration of at least 24 hours from the time of such accident,
unless the injured person has, before the expiration of said time,
been discharged from the hospital.
Every unrestricted licensed tow car owner shall maintain for
one year a bound record book of all calls for towing service at the
scene of an accident available for inspection by the police or office
of the Town Clerk. Entries in this book shall be made in ink, at the
time the call is received and shall specify:
Every owner, upon the sale or other disposition of a licensed
tow car, shall, within 24 hours, notify the Town Clerk of such sale
or other disposition and surrender the license or licenses and medallion.
