[Ord. of 7-5-1994, § 1; Ord. of 10-23-2000, § 1; Ord. of 5-29-2001, § 1; L.L. No. 1-2005, 12-20-2004, § 1]
(a)
The City of Poughkeepsie Common Council has received numerous complaints
asserting abusive business practices by persons engaged in the towing
of vehicles from private property. Without limiting the generality
of the preceding statement, the City of Poughkeepsie has received
complaints asserting that vehicles are towed without proper notice
or warning, that vehicles are towed notwithstanding the presence of
owners or operators of vehicles who are willing and prepared to voluntarily
remove the vehicles from the private property on which they are parked,
that fees imposed for towing are excessive, that vehicles are towed
to storage locations without identification of the storage location
by the person undertaking the taking and that persons undertaking
the towing have improperly demanded releases from liability as a condition
of physically returning possession of the vehicle to the owner or
operator of the vehicle. In response to these numerous complaints,
received over a long period of time, the City of Poughkeepsie desires
to establish certain minimum standards for towing of vehicles from
private property so that such towing may take place in a manner that
is not abusive.
(b)
Complaints to the City have continued despite the original enactment
of this ordinance in 1994. The City has received ongoing complaints
from consumers that insufficient signage is posted in parking lots
indicating that vehicles would be towed if they were improperly parked
or that towing personnel were abusive and unresponsive. The largest
portion of these complaints concern the towing of motor vehicles from
private parking lots serving stores and other business establishments.
The City therefore desires to further regulate towing services and
solicitation through licensing of towing businesses operating in the
City for the purpose of safeguarding the public against fraud and
abusive and improper towing practices since the towing of vehicles
allegedly improperly parked on private property is a matter that affects
the public interest, peace, health, safety, welfare and good order
of the City of Poughkeepsie and its inhabitants.
(c)
The City of Poughkeepsie Common Council finds that, since the original
enactment of this ordinance in 1994 and its amendment in 2000, much
of the aforesaid abusive and improper towing practices are now being
pursued in connection with the immobilization of vehicles allegedly
improperly parked on private property. The Common Council hereby finds
that this is also a matter that affects the public interest, and the
peace, health, safety, welfare and good order of the City of Poughkeepsie
and its inhabitants.
(d)
The City of Poughkeepsie Common Council finds that, as of August
2004, the abusive, unscrupulous and predatory practices referred to
hereinabove continue, and that the provisions of this article have
not proven to be sufficiently effective to provide adequate protection
for the consumer against unscrupulous and abusive business practices
and conduct by those engaged in the booting business. The Common Council
finds that possibly the only legitimate purpose to be served by the
practice of booting is to serve as a deterrent against improper parking
on private property. It has come to the attention of the Common Council
that it has become common practice to immobilize an allegedly improperly
parked vehicle within moments of the vehicle's arrival at the scene.
Appropriate business practices should include giving adequate warning
to the general public of the consequence of improperly parking on
private property, and giving an opportunity to promptly correct an
otherwise innocent mistake. The Common Council hereby finds that the
costs associated with booting are much lower than for towing and that
the presently authorized fee is unduly and disproportionately punitive
in comparison to the offense given: an authorized fee nearer to the
fines imposed for improperly parking on public street will adequately
compensate the parking facility operator while still providing an
adequate deterrent to improper parking on private property. The Common
Council hereby finds that, in order to properly protect the public
health, safety and general welfare, it is necessary to strike an appropriate
balance between private property interests and the public interest
of protecting consumers from unscrupulous, abusive and predatory business
practices.
[Ord. of 7-5-1994, § 1; Ord. of 10-23-2000, § 2; Ord. of 7-9-2001, § 1;
Ord. of 6-10-2002, § 1; L.L. No. 1-2005, 12-20-2004, § 1; L.L. No. 2-2005, 2-7-2005, § 1; Ord.
No. O-10-36, 12-20-2010, § 4]
For purposes of this article, the following terms shall have
the following meanings:
A person engaged in the business of immobilizing vehicles
improperly parked on private property.
The use of any method, manner, mode, device or artifice,
whether or not affixed to a motor vehicle, with the intent to and
which has the effect of preventing either the moving of a motor vehicle
by its normal mode of operation or preventing the departure of the
motor vehicle from the real property on which it is then located.
For purposes of this article, the term "immobilization" shall be deemed
to include the act of removing the immobilizing device or the discontinuance
of the immobilization. The term "booting" shall be deemed equivalent
to the term "immobilization." This term shall not apply to mechanical
gates located at the entrance or exit of any lot.
A person who owns, leases or has control of one or more tow
trucks operating for hire within the City of Poughkeepsie.
A parcel of land or a portion of a parcel of land used for
parking motor vehicles belonging to visitors, customers or residents
of nearby businesses or properties, and/or parking for hire on a monthly
or periodic basis.
An individual, partnership, corporation, unincorporated association
or any other entity.
The registered owner, or one who has legal authorization
of the registered owner to operate such vehicle.
Any person or persons who own, lease or control one or more
private parking facilities in the City of Poughkeepsie.
The moving of a vehicle where a fee, charge or other consideration
is directly or indirectly imposed for such moving or where the towing
service is performed by a person engaged in the business of towing
vehicles.
A person engaged in the business of offering towing services
whereby motor vehicles are moved by use of a motor vehicle designated
or adapted for that purpose.
A license issued pursuant to this section permitting a person
to tow motor vehicles for hire from private property within the City
of Poughkeepsie without the motor vehicle owner's consent.
A vehicle used for towing usually equipped with a crane,
winch, tow bar, push plate or other device designed to pull or push
a vehicle or to raise a vehicle or the front or rear end thereof or
a flatbed tow truck.
A motor vehicle as defined in § 125 of the Vehicle
and Traffic Law, a tractor as defined in § 151-a of such
law or a trailer as defined in § 156 of such law.
[L.L. No. 1-2005, 12-20-2004, § 1; amended 2-3-2020 by Ord. No. O-20-1]
The provisions contained within this article are applicable
to the towing or immobilization of vehicles improperly parked on private
property. The phrase "improperly parked on private property" means
vehicles parked on private property without the consent of the owner
or person in charge of the private property. Consent includes actual
consent and consent created by operation of law.
[Ord. of 7-5-1994, § 1; Ord. of 10-23-2000, § 3; Ord. of 5-29-2001, § 2;
Ord. of 7-9-2001, § 1; Ord. of 6-10-2002, § 1; L.L.
No. 1-2005, 12-20-2004, § 1]
In order to comply with Sections 13-311 and 13-314, all of the following requirements must be satisfied:
(1)
Location and description of signs.
a.
A warning sign must be conspicuously posted within 15 feet of each
curb cut that gives vehicular access to the private property facing
in each authorized direction of travel upon the abutting public highway.
The bottom edge of each such sign must be not less than seven feet
above grade level. Each of such warning signs must meet one of the
two following descriptions as appropriate:
1.
If the warning sign is located on property that is zoned under Chapter 19 of this Code as R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-6, PRD, O-R, or H-M, the said sign must be 24 inches high and 18 inches wide, surrounded by a black border 1/2 inch wide, and must exclusively contain the following content: the words "WARNING" and "PRIVATE PROPERTY" in all red, boldface, capital block letters 2 1/2 inches high upon a white background, a depiction in silhouette of a tow truck 4 1/2 inches high and the phrase "Unauthorized vehicles will be towed" in black block letters two inches high upon a white background, and the word "booted" must be added to or substituted for the word "towed" where appropriate;
2.
If the warning sign is located on property that is zoned under Chapter 19 of this Code as C-1, C-2, C-2A, C-3, I-1, I-2, T, or W, the said sign must be 30 inches high and 24 inches wide, surrounded by a black border 1/2 inch wide, and must exclusively contain the following content: the words "WARNING" and "PRIVATE PROPERTY" in all red, boldface, capital block letters four inches high upon a white background, a depiction in silhouette of a tow truck six inches high, and the phrase "Unauthorized vehicles will be towed" in black block letters 2 1/2 inches high upon a white background, and the word "booted" must be added to or substituted for the word "towed" where appropriate; and
b.
An informational sign not less than four square feet and not more
than eight square feet that provides the following information in
legible block letters:
1.
In the case of towing, the name, street address and telephone
number and the license number of the private parking facility operator
and the tow operator, the street address where vehicles will be impounded,
the method of redemption and 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; or
2.
In the case of booting, the name, address and telephone number
and the license number of the private parking facility operator and
the booting operator that has immobilized the vehicle, the method
of obtaining removal of the immobilization device and the fee payable
for removal, and the hours vehicles are prohibited from parking and
subject to immobilization.
c.
There need be only one such informational sign which must be posted
on the private property in a conspicuous manner reasonably calculated
to be visible to a person whose vehicle has been either towed or immobilized.
(2)
The private parking facility operator shall also permit the placement
on the private property of a sign, supplied and installed by the City
of Poughkeepsie, to direct the public to the nearest municipal parking
facility. The City of Poughkeepsie shall have the ability but not
the duty or the obligation to install any such signs.
[Ord. of 7-5-1994, § 1; Ord. of 10-23-2000, § 4; L.L. No. 4-2001, § 1; Ord. of 3-26-2001, § 1;
Ord. of 7-9-2001, § 1; Ord. of 6-10-2002, § 1; L.L.
No. 1-2005, 12-20-2004, § 1; Ord. No. O-10-36, 12-20-2010, §§ 1, 2, 5; 2-3-2020 by Ord. No. O-20-1]
(a)
No private parking facility operator, owner or other person in control of private property shall tow or cause to be towed from or on such private property any motor vehicle unless such owner or person in control shall post and maintain upon such private property signs, in conformity with Section 13-310 of this chapter.
(b)
No vehicle shall be towed by a tow operator from private property
without express written authorization by the owner of the private
property or the person in control of the private property, or his
or her or its agent, who may not be the tow truck owner or operator
or his/her agent or employee Such authorization shall be required
for each vehicle towed and shall include the location, make, model,
color and license plate number of the vehicle to be towed. The person
who tows a vehicle and the person authorizing the tow shall maintain
a copy of the written authorization provided for in this subsection
for a period of not less than one year. Upon demand by the person
in charge of a vehicle, the person proposing to undertake towing and
the person authorizing the tow shall provide a copy of the written
authorization provided for in this subsection to the person in charge
of the vehicle proposed to be towed. No vehicle shall be towed by
a tow operator without complying with the requirement for provision
of a copy of the written authorization to the person in charge of
the vehicle upon demand for a copy of the same by a person in charge
of a vehicle.
(c)
A vehicle may not be towed if it is occupied by any person.
(d)
Notwithstanding any other provision of law, a vehicle which is towed
shall be taken directly to a facility for storage maintained by the
person undertaking the towing and which location is distant not more
than three miles from the point of towing. Such facility for storage
must be a secure place for safekeeping vehicles. The owner and operator
of a licensed towing company shall cause the towing license to be
posted in a conspicuous place on the premises of the towing company
and shall also cause a copy of said license to be available for inspection
in each towing vehicle used by the company.
(e)
Any person who tows a vehicle covered by this article shall, within
30 minutes of the vehicle's arrival at a facility for storage, notify
the City of Poughkeepsie Police Department, identifying the storage
facility, the location of the storage facility, the time the vehicle
was towed, the location from which the vehicle was towed, the name
of the person who authorized the towing and the fact that the towing
was pursuant to a contract with the owner of the private property.
The person who tows a vehicle and who notifies the City of Poughkeepsie
Police Department as set forth above shall obtain the name of the
person at the Police Department to whom such information was reported
and shall note such name on a written record to be maintained by the
person towing the vehicle, together with the time and date that the
vehicle was towed.
(f)
Except for tows authorized by the Police Department, it shall be
unlawful for a towing company operator to tow a vehicle if the owner
or operator of the vehicle appears at the scene prior to the vehicle
being connected to any apparatus of the tow truck, requests the towing
company operator not to tow the vehicle and is willing and able to
correct the condition warranting the tow. The towing company operator
shall be entitled to a hook-up fee not to exceed $25 if the vehicle
is connected to any apparatus for towing, provided that the tow truck
has not exited the premises and entered onto the public street. The
tow truck operator shall not be permitted to charge any fee to the
vehicle owner or operator unless the owner or operator is the one
who requested the towing services. Each tow operator shall carry a
legible copy of this section and shall show it to a vehicle owner
or other person in control of the vehicle who arrives at the scene
prior to the towing of a vehicle.
(g)
The registered owner or other person in control of a vehicle that
has been towed pursuant to this section shall have the right to inspect
the vehicle before accepting its return. No release or waiver of any
kind which would release the person or company towing the vehicle
from liability for damages may be required from any such owner or
other person in control as a condition of release of the vehicle to
such a person. No release or waiver of any kind purporting to limit
or avoid liability for damages to a vehicle that has been towed shall
be valid. A detailed, signed receipt showing the legal name of the
person or company towing the vehicle and the date and time the vehicle
was towed must be given to the person paying the towing and storage
charges at the time of payment.
(h)
When an owner of private property, his or her agent as authorized
by this section causes a vehicle to be towed in violation of this
article, there shall be no charge to the owner or other person in
control of the vehicle for the cost of towing and storage. A person
who has violated this article shall be liable to the owner or other
person in control of the vehicle for any amounts actually paid for
towing, transportation and storage of the vehicle, as well as for
any damage resulting from the towing, transportation and storage of
the vehicle.
(i)
No person may, under the authority of this article, cause the towing
of any ambulance, police vehicle, fire vehicle, civil defense emergency
vehicle or emergency ambulance service vehicle, or any vehicle being
used by an emergency responder while engaged in such emergency response.
(j)
Every tow operator shall maintain a written schedule of all rates
and charges for towing and storage and shall make such schedule available
to any person requesting the same. The maximum charge for towing of
vehicles shall be $60, plus a hook-up fee of $25, plus any and all
applicable taxes, except the maximum charge for towing of a vehicle
in the following circumstances shall be $125, plus a hook-up fee of
$25 plus any and all applicable taxes:
(1)
The towing of a vehicle that has been continuously present on
private property without the consent of the owner or person in charge
of the private property for more than 24 hours; or
(2)
The towing of a vehicle that has been parked on private property
in a location that blocks a driveway, lane, alley or other place intended
to give passage to other portions of the private property or to give
passage to or from the public way; or
(3)
The towing of a vehicle that has been parked on private property
in a location and at a time that interferes with garbage or refuse
collection; or
(4)
The towing of a vehicle that interferes with snow removal; or
(k)
The
maximum charge for the storage of towed motor vehicles shall be $50
per day, or each part thereof, to commence after the vehicle has been
impounded on the premises for a period of 24 hours. No additional
charges, including clerical, administrative or service fees, may be
charged by the licensee.
(l)
Every licensed towing company that requires payment by an owner of
a towed vehicle of all or part of the towing and/or storage charges
associated with the towing and/or storage of such owner's vehicle
as a precondition to the release of such motor vehicle to such owner
or his or her authorized representative, and that accepts checks,
credit cards or debit cards as forms of payment in the ordinary course
of business, must accept each of these forms of payment for such towing
and/or storage charges.
(m)
An owner of private property, his or her agent as designated in the
contract with the tow operator or a tow operator contracting with
such owner shall allow a waiting period of not less than 20 minutes
between the arrival of a tow vehicle at the location from which a
vehicle is to be towed and the physical actual connection of any apparatus
to the vehicle to be towed for the purpose of commencing the towing.
If the owner or other person in control of the vehicle arrives at
the scene during this twenty-minute waiting period, such owner or
person in control of the vehicle shall be allowed to drive the vehicle
from the location without interference or charge.
(n)
No person shall tow or cause to be towed a vehicle from private property
from 9:00 p.m. each day until the following 5:00 a.m. Every tow operator
shall make vehicles that have been towed available for redemption
each day from 6:00 a.m. until the following 11:00 p.m.
(o)
Notwithstanding the provisions of Section 13-311(n) above, a tow operator may tow vehicles between the hours of 9:00 p.m. and 5:00 a.m. if such tow operator has an employee on the premises where the tow operator maintains impounded vehicles to make vehicles available for redemption during those hours.
[Ord. of 10-23-2000, § 5, Ord. of 7-9-2001, § 1; Ord. of 6-10-2002, § 1; L.L. No. 1-2005, 12-20-2004, § 1; Ord.
No. O-10-36, 12-20-2010, § 3]
(a)
No person shall tow a vehicle from private property within the City
of Poughkeepsie without the vehicle owner's consent without first
having obtained a towing license. Nothing herein shall be construed
as prohibiting any towing service whose business is based outside
the City from applying for the same license herein required and obtaining
said license under the same terms as a business located within the
City. As used in this section, the terms "owner," "operator," and
"applicant" shall be deemed to include the tow operator and every
individual, officer, director, shareholder, partner, member, employee,
contractor, subcontractor or agent of such tow operator.
(b)
Application procedure; compliance with additional standards;
inspections.
(1)
An application for a towing license shall be submitted to the
Chief of Police. The application shall be made on such form as the
Chief of Police shall prescribe and soliciting such information as
the Chief shall reasonably require, and must be accompanied by each
of the following items:
a.
Certificates of insurance for the following insurance coverage,
naming the City as a certificate holder entitled to notice of cancellation
or nonrenewal:
1.
Public liability insurance for personal injury and property
damage with an insurance carrier licensed to do business in the State
of New York;
2.
An auto garage keeper's legal liability policy covering fire,
theft and property damage that will cover any vehicle towed, impounded
or stored; and
3.
Insurance policies as required by law under the Workers' Compensation
Law (Chapter 41 of the Laws of 1914, as amended) and under the Disability
Benefits Law (Chapter 600 of the Laws of 1949, as amended) for employees.
b.
A statement from the Building Inspector or a certificate of
occupancy in which the towing company is located and vehicles are
to be stored that said locations and premises are in compliance with
the municipality's building and zoning ordinances and a statement
from the Fire Inspector that the premises are in compliance with all
fire and safety codes.
c.
Material identifying the applicant physically, two references
for the applicant's good character and business responsibility and
practices, and record of traffic infractions.
d.
Payment of the fee required hereinafter.
(2)
In the event that any of the information contained in the initial
license application shall change, the tow operator shall, within 10
days of such change, make application to amend its license so as to
reflect the accurate information.
(3)
The Chief of Police shall make such investigation as (s)he deems
appropriate as to the qualifications and background of the owner and
the operator of the towing company.
(4)
Upon receipt of an application for a towing company license,
the Chief of police shall investigate the location of the towing company
and of the premises where towed vehicles are to be stored, to determine
whether public safety problems exist.
(c)
The fee for a towing license shall be $250 per year or any fraction
of a year for each towing company or tow operator. Payment of the
fee shall be due upon application for the license. The fee for renewal
or amendment of a towing license shall be $50 which shall be due upon
application for such renewal or amendment. Such license fees shall
be nonrefundable.
(d)
The Chief of Police shall issue to a licensee a placard for each
tow truck listed on his application that the licensee shall at all
times prominently display on the right front dashboard of each tow
truck so that it is visible through the front windshield of said vehicle.
Said placard shall contain the New York State vehicle identification
number of the vehicle, the license number assigned to the towing company
or tow operator and such other information as the Chief of police
shall determine advisable. Said placard shall not be transferable
from one tow truck to another.
(e)
On each side of every tow truck operated in the City by a licensee
there shall be legibly inscribed the name and address of the licensee
and the license number assigned by the Chief of Police.
(f)
Denial, suspension or revocation of license. After
a hearing held on not fewer than 10 days' notice to the licensee,
given either in person or by registered mail, addressed to the licensee
at the address shown upon the most recent application of the licensee,
the Chief of Police may deny a license or deny the renewal of a license
to any applicant, and may suspend or revoke the license of any licensee:
(1)
Who does not comply with the provisions of this article or any
rule or regulation promulgated under this article.
(2)
Who makes a material misrepresentation on a license application
or renewal thereof.
(3)
When the Chief of Police, after investigation of the applicant
or licensee, deems the owner or operator unfit to conduct such towing
business, based upon the determination of one or more of the following
findings:
a.
Denial or revocation of a towing license by any municipality.
b.
Record of two or more complaints or reports of fraudulent practices
regarding the applicant's, owner's, licensee's or operator's business
practices, including incompetence or gross negligence in the conduct
of the business, abusive conduct to motor vehicle owners or operators,
or damage to vehicles towed, substantiated by the Chief of Police
or other law enforcement agency in a two-year period immediately preceding
the application.
c.
Record of one or more convictions or guilty pleas to violations
of this article or any rule or regulation promulgated under this article
or any other municipality's ordinance in a two-year period immediately
preceding the application.
d.
One or more violations of any provision of the New York State
Vehicle and Traffic Law or any federal, state or local law, ordinance,
rule or regulation regarding the operation of his/her towing business
in the two-year period immediately preceding the application or investigation.
e.
There exists one or more judgments against the applicant, owner
or operator that have remained unsatisfied for more than 30 days after
having been docketed in the Dutchess County Clerk's Office.
(g)
A towing company license shall expire on December 31 of every year.
(h)
A licensee shall submit to the Chief of Police an application for
renewal not less than 30 days prior to the license expiration date.
(i)
No license shall be transferred to another person or vehicle.
(j)
The Chief of Police and only the Chief of Police may promulgate rules
and regulations necessary to carry out the provisions of this section,
but the Chief of Police may delegate to his or her designee any other
duty or function set forth hereunder.
(k)
The failure to enforce any of the provisions of this article shall
not be deemed a waiver thereof.
[Ord. of 10-23-2000, § 6; Ord. of 6-10-2002, § 1; L.L. No. 1-2005, 12-20-2004, § 1]
(a)
Each licensee shall be required to keep and maintain in each tow
truck operated by the licensee a towing log book in which all towed
vehicles from private property in the City shall be recorded. The
log book shall be clearly marked on the outside cover "City of Poughkeepsie
Log Book" and shall be exclusively utilized for vehicles towed pursuant
to this article. Said log book shall be produced upon demand by any
City of Poughkeepsie police officer.
(b)
Each licensee shall record in the log book as to each and every vehicle
towed:
(1)
The date of towing;
(2)
The property address from which the vehicle was towed and the
property address to where the vehicle was towed and stored;
(3)
The time the vehicle was observed parking and the time the vehicle
was towed;
(4)
The name of the private property owner or authorized agent requesting
the tow and the time of said request;
(5)
The make, model, color and license plate number of the vehicle;
(6)
The amount, if any, received by the licensee for the towing
and impoundment of the vehicle.
[Ord. of 10-23-2000, § 1; L.L.
No. 8-2001, § 1; Ord. of 7-9-2001, § 1;
Ord. of 6-10-2002, § 1; L.L. No. 1-2005, 12-20-2004, § 1]
(a)
No private parking facility operator, owner or other person in control of private property shall immobilize or cause to be immobilized upon such private property any motor vehicle unless such owner or person in control shall post and maintain upon such private property, signs in conformity with Section 13-310 of this chapter.
(b)
A vehicle may not be immobilized if it is occupied by any person.
(c)
No person may, under authority of this article, cause the immobilization
of any ambulance, police vehicle, fire vehicle, civil defense emergency
vehicle or emergency ambulance service vehicle, or any vehicle being
used by an emergency responder while engaged in such emergency response.
(d)
The provisions of Section 3-311(g) and (h) shall be applicable to
the immobilization of vehicles in addition to the towing of vehicles.
(e)
It shall be unlawful for any person to charge a fee in connection
with the immobilization of a motor vehicle in excess of $25, plus
any and all applicable taxes. No additional charges of any description
may be charged in connection with such immobilization or release from
immobilization. No fee shall be charged for immobilization if the
immobilized vehicle is subsequently towed from the parking lot.
(f)
No person shall affix, or cause to be affixed, an immobilization
device to a vehicle sooner than five minutes after that vehicle has
been improperly parked upon private property. If the owner or other
person in control of the vehicle arrives at the scene prior to the
time that the immobilization device is actually affixed to it, such
owner or person in control of the vehicle shall be allowed to remove
the vehicle from the private property without interference or charge.
[L.L. No. 1-2005, 12-20-2004, § 1]
(a)
No person shall boot a vehicle on private property within the City of Poughkeepsie without first having obtained either a booting license as provided for in this section or a towing license as provided for in Section 13-312 of this chapter. Nothing herein shall be construed as prohibiting any booting operator whose business is based outside the City from applying for the same license herein required and obtaining said license under the same terms as a business located within the City. As used in this section, the terms "owner," "operator," and "applicant" shall be deemed to include the booting operator and every individual, officer, director, shareholder, partner, member, employee, contractor, subcontractor or agent of such booting operator.
(b)
Application procedure; compliance with additional standards;
inspections.
(1)
An application for a booting license shall be submitted to the
Chief of Police. The application shall be made on such form as the
Chief of Police shall prescribe and soliciting such information as
the Chief shall reasonably require, and must be accompanied by each
of the following items:
a.
Certificates of insurance for the following insurance coverage,
naming the City as a certificate holder entitled to notice of cancellation
or nonrenewal:
1.
Public liability insurance for personal injury and property
damage with an insurance carrier licensed to do business in the State
of New York covering fire, theft and property damage that will cover
any vehicle booted; and
2.
Insurance policies as required by law under the Workers' Compensation
Law (Chapter 41 of the Laws of 1914, as amended) and under the Disability
Benefits Law (Chapter 600 of the Laws of 1949, as amended) for employees.
b.
Material identifying each applicant physically, two references
for the applicant's good character and business responsibility and
practices, and record of traffic infractions.
c.
Payment of the fee required hereinafter.
(2)
In the event that any of the information contained in the initial
license application shall change, the booting operator shall, within
10 days of such change, make application to amend its license so as
to reflect the accurate information.
(3)
The Chief of Police shall make such investigation as (s)he deems
appropriate as to the qualifications and background of the owner and
the operator of the booting company.
(c)
The fee for a booting license shall be $100 per year or any
fraction of a year for each booting company or boot operator. Payment
of the fee shall be due upon application for the license. The fee
for renewal or amendment of a booting license shall be $50 which shall
be due upon application for such renewal or amendment. Such license
fees shall be nonrefundable.
(d)
The Chief of Police shall issue to a licensee a placard for
each vehicle used in the course of the licensee's booting operations
listed on his application that the licensee shall at all times prominently
display on the right front dashboard of each such vehicle so that
it is visible through the front windshield of said vehicle. Said placard
shall contain the New York State vehicle identification number of
the vehicle, the license number assigned to the booting company or
boot operator and such other information as the Chief of Police shall
determine advisable. Said placard shall not be transferable from one
such vehicle to another.
(e)
On each side of every vehicle used in the course of the licensee's
booting operations operated in the City there shall be legibly inscribed
the name and address of the licensee and the license number assigned
by the Chief of Police.
(f)
Denial, suspension or revocation of license. After a hearing held on not fewer than 10 days' notice to the licensee,
given either in person or by registered mail, addressed to the licensee
at the address shown upon the most recent application of the licensee,
the Chief of Police may deny a license or deny the renewal of a license
to any applicant, and may suspend or revoke the license of any licensee:
(1)
Who does not comply with the provisions of this article or any
rule or regulation promulgated under this article.
(2)
Who makes a material misrepresentation on a license application
or renewal thereof.
(3)
When the Chief of Police, after investigation of the applicant
or licensee, deems the owner or operator unfit to conduct such booting
business, based upon the determination of one or more of the following
findings:
a.
Denial or revocation of a booting or towing license by any municipality;
b.
Record of two or more complaints or reports of fraudulent practices
regarding the applicant's, owner's, licensee's or operator's business
practices, including incompetence or gross negligence in the conduct
of the business, abusive conduct to motor vehicle owners or operators,
or damage to vehicles booted, substantiated by the Chief of Police
or other law enforcement agency in a two-year period immediately preceding
the application;
c.
Record of one or more convictions or guilty pleas to violations
of this article, any earlier version of this article regulating the
booting of vehicles on private property, or any rule or regulation
promulgated under this article or any other municipality's ordinance
in a two-year period immediately preceding the application;
d.
One or more violations of any provision of the New York State
Vehicle and Traffic Law or any federal, state or local law, ordinance,
rule or regulation regarding the operation of his/her booting business
in the two-year period immediately preceding the application or investigation.
e.
There exists one or more judgments against the applicant, owner
or operator that have remained unsatisfied for more than 30 days after
having been docketed in the Dutchess County Clerk's Office.
(g)
A booting license shall expire on December 31 of every year.
(h)
A licensee shall submit to the Chief of Police an application
for renewal not less than 30 days prior to the license expiration
date.
(i)
No license shall be transferred to another person or vehicle.
(j)
The Chief of Police and only the Chief of Police may promulgate
rules and regulations necessary to carry out the provisions of this
section, but the Chief of Police may delegate to his or her designee
any other duty or function set forth hereunder.
(k)
The failure to enforce any of the provisions of this article
shall not be deemed a waiver thereof.
[L.L. No. 1-2005, 12-20-2004, § 1]
(a)
Each licensee shall be required to keep and maintain in each
vehicle used in the course of booting operations by the licensee a
booting log book in which all vehicles booted in the City shall be
recorded. The log book shall be clearly marked on the outside cover
"City of Poughkeepsie Booting Log Book" and shall be exclusively utilized
for recording vehicles booted pursuant to this article. Said log book
shall be produced upon demand by any City of Poughkeepsie police officer.
(b)
Each licensee shall record in the log book as to each and every
vehicle booted:
(1)
The date of booting;
(2)
The property address at which the vehicle was booted;
(3)
The time the vehicle was observed parking and the time the vehicle
was booted;
(4)
The name of the private property owner or authorized agent requesting
the boot and the time of said request;
(5)
The make, model, color and license plate number of the vehicle;
(6)
The amount, if any, received by the licensee for the booting
of the vehicle.
[Ord. of 7-5-1994, § 1; L.L.
No. 1-2005, 12-20-2004, § 1]
(a)
Penalties established.
(1)
Any person who violates any provision of this article shall
be punished as follows:
a.
For the first violation, by a fine of $250.
b.
For the second violation within a period of 24 months of the
date of the first violation, by a fine of $500 or by imprisonment
not exceeding three months, or both.
c.
For any additional violations within a period of 24 months of
the date of the first violation, by a fine of $1,000 or by imprisonment
not exceeding six months, or both.
(2)
Any such violation shall be deemed an offense.
(b)
In addition to the penalties hereinabove provided, the City of Poughkeepsie
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate violations of this article or to prevent any illegal
acts, conduct or business in violation of this article, including
but not limited to requests for injunctive relief.
(c)
Any person or party aggrieved by a violation of this article shall
have a private right of action for damages or injunctive relief.
[Ord. of 3-26-2001,[1] § 2; L.L. No. 1-2005, 12-20-2004,
§ 1]
If any provision, paragraph, word, section or article of this
chapter is invalidated by any court of competent jurisdiction, the
remaining provisions, paragraphs, words, sections and articles shall
not be affected and shall continue in full force and effect.
[1]
Editor's Note: This ordinance also renumbered former §§ 13-316
through 13-321 as 13-317 through 13-322, respectively.
