[HISTORY: Adopted by the Town Board of the
Town of Cornwall 12-13-2004 by L.L. No. 5-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking at Town Hall — See Ch. 105.
Vehicles and traffic — See Ch. 143.
Zoning — See Ch. 158.
[1]
Editor's Note: This local law also repealed
former Ch. 137, Towing, adopted 7-12-1993 by L.L. No. 1-1993, as amended.
Whenever used in this chapter the following
terms shall have the meanings indicated below:
Any incident or occurrence in which one or more motor vehicles
become disabled, damaged or cause personal injury or property damage.
Charging of a fee or other consideration, either directly
or indirectly, for towing, carrying or removing of a vehicle, including
any case where any person makes repairs on a towed vehicle for compensation,
even if no charge is expressly imposed for towing such vehicle.
A person operating a motor vehicle with the permission of
the owner thereof.
A person who owns, rents or leases a motor vehicle.
Any individual, sole proprietorship, firm, partnership, association,
corporation, or other organization.
Offering towing services for hire.
An area for storage of at least 10 towed or impounded vehicles
within a secured area surrounded by a fence with a minimum height
of six feet, as well as space to accommodate two vehicles in a secured
area inside a building.
Moving or removing of disabled or damaged motor vehicles
or abandoned motor vehicles by another vehicle for hire.
A person engaged in the business of towing.
A vehicle registered as a tow truck and used for the purpose
of towing or carrying another vehicle that has been or is involved
in an accident, disabled, abandoned or illegally parked.
B.
A towing license under this chapter shall not be required
to tow a motor vehicle within the Town of Cornwall:
(1)
In response to a request by the New York State Police;
or
(2)
On the New York State Thruway under a New York State
Thruway license; or
(3)
When a vehicle is already in tow when entering the
Town of Cornwall; or
(4)
When a vehicle owner contacts a tow operator and requests
towing service in regard to a vehicle located on private property.
C.
Persons holding valid towing licenses issued by the
Town of Cornwall prior to the effective date of this chapter shall
continue to enjoy the rights conveyed thereby and need not apply for
issuance of a new license under the terms of this chapter until such
time as their existing towing license expires or is revoked.
A.
Except as otherwise provided in this chapter, only
tow operators licensed by the Town of Cornwall shall be contacted
by the Town of Cornwall Police Department and authorized to provide
towing services at an accident scene or other such circumstance in
which removal of a vehicle or vehicles is necessary.
B.
The Town of Cornwall Police Department shall establish
and maintain a towing list for the purpose of fairly and impartially
determining which licensed tow operator will be contacted by its dispatchers
and advised of the need for towing services.
C.
When a need for towing services arises, the Town of
Cornwall police dispatchers shall contact licensed tow operators whose
names appear on the towing list on a twenty-four-hour rotational basis.
D.
The Town Board hereby designates the Chief of Police
to compile, control and administration of the towing list.
E.
In contacting a licensed tow operator on the towing
list as provided in this chapter, the Town of Cornwall shall not be
deemed to have requested towing services. Rather, such contact shall
constitute mere notification of an opportunity to provide towing services
at the expense of the owner of the vehicle to be removed as authorized
under this chapter, and neither the Town nor its officers or employees
shall be responsible for the payment of towing fees or for the collection
thereof.
F.
Tow operators who are on the presently existing Town
towing list shall automatically be included on the Town towing list
established by this chapter; provided, however, that when the existing
towing licenses of such tow operators expire or are revoked, such
tow operators shall be required to apply for participation on the
towing list when they submit applications for new towing licenses
under this chapter.
A.
An application for a towing license issued under this
chapter shall be made to the Town Board of the Town of Cornwall upon
such application form as the Town Board shall prescribe by resolution
and shall be given and subscribed by the applicant under oath.
B.
The towing license application shall include the information
set forth below.
(1)
The applicant's name. If the applicant is a corporation
or other business entity, the name and address of the person owning
a majority interest shall also be provided.
(2)
The applicant's address and telephone number.
(3)
The address of the property at which the applicant
maintains vehicle storage/impound facilities.
(4)
The name, address and telephone number of the title
owner of the property at which the applicant maintains vehicle storage/impound
facilities.
(5)
A description of the wrecker or wreckers which the
applicant proposes to use for towing within the Town of Cornwall,
stating the year, make, model, license plate number and VIN.
(6)
A statement as to whether or not the applicant wishes
to participate in the towing list established under this chapter.
A.
Equipment; rates. Applicants for a towing license
who wish to participate in the Town's towing list must provide a statement
given under oath attesting to the fact that they meet the following
additional requirements:
(1)
The applicant must maintain no fewer than two wreckers
and one flat-bed truck.
(2)
The wreckers which the applicant proposes to operate
in the Town of Cornwall must be equipped with:
(a)
Emergency flashing amber lights visible from
front and rear;
(b)
A three-ton winch with a minimum of 75 feet
of steel cable 3/8 inch or greater;
(c)
A CO2 or dry-powder
fire extinguisher with a minimum capacity of 10 pounds;
(d)
One container of oil-absorbing material with
a minimum capacity of five gallons;
(e)
One carton containing at least one dozen red
railroad-type flares;
(f)
A dolly/dolly wheels, a hacksaw, an axe, a first
aid kit and a tool kit containing, at least, a set of Phillips head
and slot head screwdrivers; and
(g)
A shovel and a broom for clearing the highway
of nonhazardous debris.
(3)
The
applicant must agree that the rates in regard to impounds and snow
impounds rendered upon request for such service from the Town Police
Department under this chapter shall be no greater than in the schedule
of fees established by the Town Board.
[Added 6-13-2011 by L.L. No. 2-2011]
B.
New York State registration and inspection. Applicants
for a towing license who wish to participate in the Town's towing
list must provide proof of valid registration and inspection of each
wrecker to be operated, as well as proof of registration with the
New York State Commissioner of Motor Vehicles in accordance with Article
12-A of the New York State Vehicle and Traffic Law.
C.
Towing facilities including a storage/impound yard.
Applicants for a towing license who wish to participate in the Town's
towing list must provide proof that the applicant maintains its towing
facilities and trucks, including a storage/impound facility, at a
site within the Town of Cornwall or at a distance not greater than
2 1/2 road miles from the Town of Cornwall Town line. Further,
the applicant's storage/impound facility must have space sufficient
for storage of no fewer than 10 vehicles and must include a garage
for indoor storage of at least two vehicles.
[Amended 6-10-2019 by L.L. No. 2-2019]
D.
Ability to provide timely service. The applicant must operate its
towing business from within the Town of Cornwall or a distance not
greater than 2 1/2 road miles from the Town of Cornwall Town
line. The applicant must provide a statement that the applicant employs
at least three wrecker operators, maintains twenty-four-hour service
capability, and has the ability to arrive on a scene for towing within
20 minutes of receiving a call for service. The applicant shall have
an employee at its storage/impound yard during regular business hours
to respond to persons claiming stored or impounded vehicles. The applicant
must also be available to respond to persons claiming stored or impounded
vehicles on Saturdays and Sundays by appointment upon reasonable notice.
The applicant shall keep on file with the Town a telephone number
which persons seeking to claim stored or impounded vehicles on Saturdays
and Sundays may use to make such appointments.
[Amended 1-14-2013 by L.L. No. 2-2013; 6-10-2019 by L.L. No. 2-2019]
E.
Insurance coverage. The following insurance policies
or certificates of insurance:
(1)
A general liability policy covering the operation
of the licensee's equipment and wreckers for any bodily injury or
property damage. This policy shall be in the minimum amount of $1,000,000
per person and $3,000,000 per accident, and shall contain an endorsement
naming the Town of Cornwall as a coinsured in regard to services provided
in response to towing list calls. A copy of the said endorsement naming
the Town as a coinsured shall be submitted by the applicant prior
to the issuance of license.
(2)
A general liability policy covering damage to vehicles
stored or impounded at the licensee's impound/storage facility by
fire, theft, and explosion in the minimum amount of $50,000, with
each accident deemed a separate claim, and containing an endorsement
naming the Town of Cornwall as a coinsured in regard to services provided
in response to towing list calls. A copy of the said endorsement naming
the Town as a coinsured shall be submitted by the applicant prior
to the issuance of a permit.
(3)
Each insurance policy herein must contain an endorsement
providing 30 days' notice to the Town in the event of any material
change therein or intention to cancel said policy for any cause.
F.
Danger to public health and safety. A statement as
to whether the applicant, the applicant's owners or any persons with
a financial interest in the applicant have ever been convicted of
a felony and, if so, a brief statement as to the nature of the crime.
G.
Consent to payment from owner. A statement that in
regard to services provided in response to towing list calls, the
licensee agrees that it shall look solely and exclusively to the owner
and/or operator of the motor vehicle for payment of towing or storage
of motor vehicles, and that neither the Town nor its officers or employees
is responsible for the payment of such fees or for the collection
thereof.
H.
Consent to form of payment. A statement that the applicant
agrees to accept at least two major credit cards in payment for its
services or will accept personal checks.
I.
Acknowledgment of duty to remove vehicle debris. A
statement that the applicant acknowledges that a tow operator called
to the scene of an accident must, at the scene, sweep away or clean-up
any nonhazardous debris, provided that he is furnished with police
protection against moving vehicles at the scene in accordance with
the New York State Vehicle and Traffic Law.
J.
Response to service calls. Participants in the Town's rotational
towing list program shall furnish a telephone number for contacting
them 24 hours a day. The telephone number provided shall not be a
pager system, and must provide a direct connection to a person. If
a towing list participant whose day to be called has arrived on the
rotational towing list does not answer the telephone on a call for
service from or made on behalf of the Town of Cornwall Police Department,
or fails to respond to such a call in a timely manner, regardless
of the hour of the day or weather conditions, that applicant shall
automatically be suspended from the towing list for 30 days.
[Added 1-14-2013 by L.L. No. 2-2013]
K.
Refusal to tow a vehicle. If a participant in the Town's rotational
towing list program responds to a service call, such participant must
tow away or otherwise remove the subject motor vehicle or motor vehicles
if it has the capability of doing so. Willful failure to tow away
or otherwise remove the subject motor vehicle or motor vehicles after
arriving at an incident scene shall automatically result in suspension
from the towing list for 30 days.
[Added 1-14-2013 by L.L. No. 2-2013]
A.
The Town Board may, in its discretion, hold a public
hearing on any application for a towing license.
B.
The Town Board shall issue a towing license under this chapter upon a finding that the applicant has submitted a complete and properly executed application under § 137-4 of this chapter and has paid the requisite application fee.
C.
The Town Board shall grant a request to participate in the Town's towing list if it finds that the applicant has satisfied the additional requirements set forth under § 137-5 of this chapter.
D.
Upon grant of an application for a towing license
and/or an application to participate in the Town's towing list, the
Town Board shall promptly inform the applicant and the Chief of Police
of the Town of Cornwall of its determination and shall forward the
Chief of Police with a copy of the application and its resolution
thereon.
E.
If the Town Board denies an application for a towing
license and/or an application to participate in the Town's towing
list, the Town Board shall promptly furnish the applicant with a copy
of its resolution by certified mail, return receipt requested, and
shall file a copy of its resolution in the office of the Town Clerk.
A.
Upon the approval of a license by the Town Board,
the Town shall issue a license to the applicant in such form as shall
be approved by the Town Board by resolution. A copy of the license
must be kept in all wreckers while conducting operations under the
license.
B.
Licenses issued under this chapter are not transferable,
assignable or delegable.
C.
On both sides of every wrecker, the license holder
shall display by painting, magnetic sign, or other similar means,
the name, address, and phone number of the licensee by letters and
numbers of not less than three inches in height and of contrasting
color to the wrecker.
D.
Every licensee shall have a continuing duty to promptly
file with the Town Board and Chief of Police statements advising of
any changes in the information provided in its application for a license,
including, without limitation, changes in the required information
regarding the applicant, storage/impound facilities and wreckers.
A.
All licenses issued under this chapter as well as
grants of applications to participate in the Town's towing list shall
remain in force for a period of one year from the date of grant by
the Town Board and shall thereupon expire unless renewed.
B.
On or before the date of expiration, an applicant
may apply to renew for a period of one year a license issued under
this chapter and, if applicable, grant of its application to participate
in the Town's towing list. To renew, an applicant must submit to the
Town Board a sworn and subscribed statement certifying that the information
set forth in the application on file with the Town Board remains correct
and accurate, together with proof that all required insurance and
registrations remain in effect.
C.
Upon receipt of the request for renewal, along with
payment of all required fees, the Town Board shall grant a renewed
towing license and, if applicable, request to remain on the Town's
towing list. The Town Board shall promptly inform the applicant and
the Chief of Police of the Town of Cornwall of its determination to
renew the applicant's license and shall forward the Chief of Police
with a copy of the application and its resolution thereon.
[Amended 6-13-2011 by L.L. No. 2-2011]
A.
The amount
of the fees to be charged for processing applications for towing licenses
and for renewal thereon under this chapter shall be established by
resolution of the Town Board, and such fees may from time to time
be amended by resolution of the Town Board.
B.
The maximum
rates that may be charged by tow operators participating in the Town's
towing list for impound or snow impound services rendered upon a request
for such service from the Town Police Department under this chapter
shall be established by resolution of the Town Board, and such fees
may from time to time be amended by resolution of the Town Board.
It shall be unlawful for any person to solicit
towing or repair work at the scene of any automobile accident within
the Town of Cornwall. The stopping of any wrecker within 500 feet
of the scene of any accident on any public street or highway in the
Town, and the approach of any tow operator, its employees or agents,
towards the scene of any accident without the prior authorization
of the operator or owner of a vehicle involved in the accident, or
a member of the Town police force, or a member of the New York State
Police shall be presumptive evidence of the intent to solicit towing
or repair work at the scene of an automobile accident.
A.
Any person who shall violate any of the provisions
of this chapter shall be guilty of an offense and, upon conviction,
shall be punished by a fine not to exceed $500 or by imprisonment
for a period not to exceed 30 days, or by such fine and imprisonment.
Each violation of any of the provisions of this chapter and each day
there is a violation thereof shall be deemed and taken to be a separate
and distinct offense.
B.
Any tow operator convicted of solicitation or unauthorized
towing shall automatically be suspended from the towing list for a
period of one year.
A.
Nothing in this chapter shall be constructed as prohibiting
any person whose place of business is located outside of the Town
of Cornwall from applying for the license required by this chapter
and obtaining the said license on the same terms as a person whose
place of business is located within the Town of Cornwall.
B.
If any clause, sentence, paragraph, section or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall be confined in its operation to
the clause, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.