It is hereby declared and found that the towing and booting
of vehicles in the City of New Rochelle involves matter affecting
the public interest and that certain improper practices related thereto
should be subject to regulation for the purpose of protecting and
safeguarding the public health, safety and welfare and to prevent
and protect the public from fraud, abuses and unnecessary inconvenience.
As used in this chapter, the following terms shall have the
meanings indicated:
BOOT
To clamp, affix or lock a booting device onto the wheel of
a motor vehicle to prevent the wheel from rotating, thereby immobilizing
the vehicle.
HOOKUP
Each and every step and action to be taken to totally secure
and engage the vehicle to be towed to a tow truck has been completely
and finally taken so as to allow the operator of the tow truck to
immediately remove and tow the vehicle in conformity with efficient
and safe operating procedures.
OPERATOR
Any individual, firm, association, joint venture, partnership,
group, corporation, any other legal entity or combination of entities
that provide the service of moving a motor vehicle by another vehicle
for hire or the storage of vehicles after towing, or the service of
booting and shall include, without limitation, owners of towing trucks,
their agents and employees.
PRIVATELY OWNED REAL PROPERTY
Real property owned by any individual, firm, association,
joint venture, partnership, group, corporation or any legal entity
or combination of entities whatsoever, and shall include, without
limitation, shopping centers, parking lots, apartment houses and land
used for commercial purposes.
TOWING
The moving of a motor vehicle by another vehicle for hire.
TOWING TRUCK
A vehicle that:
A.
Is towing or transporting; or
B.
Is equipped with crane, winch or other device designed to raise
a vehicle or the front or rear end thereof.
No person shall conduct towing or booting as defined herein
on private property without first having obtained a license as hereinafter
provided. All licenses shall be issued for a one-year period.
License applicant requirements shall be:
A. The name and address of the applicant, specifying, in the case of
a partnership or an unincorporated association, each partner or member
thereof, and in the case of a corporation, the name and address of
each officer, director and stockholder thereof.
B. The date of birth and citizenship of the applicant and each member
thereof, if an unincorporated association, and of each officer, director
and stockholder, if a corporation.
C. The address of any and all depots, garages or body shops, whether
located inside or outside the City, that will be used by the applicant
in connection with his towing business.
D. A statement as to whether the applicant or any partner, member, officer
or director has, within the last five years, ever been convicted of
a crime and, if so, the date, crime charged and sentence imposed.
E. Whether or not the applicant has ever been denied a license for a
tow truck, towing business or booting business by any governmental
agency or authority or whether or not the applicant has ever been
charged with chasing or whether or not any such license ever issued
to the applicant has been suspended or revoked and, if so, the date,
the location and the circumstances thereof.
F. A list of all valid licenses held by the applicant which authorize
him to conduct a towing or booting business.
G. Whether this is an initial application or a renewal.
H. Proof of insurance in accordance with City requirements.
I. Any other relevant information which the Police Commissioner may
require.
Notwithstanding any other penalty provision of the Code of the
City of New Rochelle, a violation of any provision of this chapter
shall be punishable by a mandatory minimum fine for the first violation
thereof of $50, and by a mandatory minimum fine of $100 for a second
or subsequent offense, with the maximum fine in each and every instance
that may be imposed not to exceed $250.
A minimal fee of $750 shall be paid for each license issued
hereunder.
Upon receipt of a properly completed application and payment
of the requisite fee, the Police Commissioner shall issue a license
to the applicant unless he determines:
A. That the applicant is unfit and is incapable of properly conducting
a towing or booting business within the City of New Rochelle or does
not conform to the provisions of this chapter; or
B. That the applicant's garage, depot or auto repair shop used in connection
with the towing business is in violation of any state or City law
or regulation, including but not limited to zoning, building or fire
law ordinances or regulations in the municipality in which it is located;
or
C. That the applicant has made a materially false statement or misrepresentation
in his application.
A license issued hereunder shall not be transferred or assigned
to another person or vehicle, except as provided below.
This chapter shall be enforced by the Police Department.