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Town of North Castle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of North Castle 5-28-1992; amended in its entirety 4-26-2006 by L.L. No. 8-2006 (Ch. 188, Art. I, of the 1987 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 325.
In order for a tow company to be placed on the tow list for the Town of North Castle Police Department, the following requirements must be met and adhered to:
A. 
The tow company shall be able to respond to calls for service 24 hours per day, 365 days per year.
B. 
The tow company shall make every effort to adhere to the following tow vehicle response time guidelines:
(1) 
Light-duty towing: tow vehicle on the scene within 25 minutes.
(2) 
Heavy-duty towing: tow vehicle on the scene within 50 minutes.
C. 
The tow company shall have a twenty-four-hour business phone number listed under the tow company's name.
D. 
The tow company shall have business records.
E. 
The tow company shall have personnel available during normal business hours to serve clientele.
F. 
Upon special request of the Police Department, the tow company shall make personnel available after normal business hours and on non-workdays to provide services for police personnel or regular clientele. Personnel shall make all reasonable efforts for a timely response.
G. 
The tow company shall have towing rates that are fair and equitable. They shall not be excessive. Fair and equitable rates shall be predicated on a random countywide survey should the need arise.
H. 
The tow company shall store towed or impounded vehicles in a storage yard no more than three miles from the Town's boundaries for the convenience of redemption.
I. 
The tow company shall handle wrecked vehicles in such a manner that there will be little or no additional damage.
J. 
The tow company shall ensure that neither towed vehicles nor towing vehicles are parked on the street.
K. 
The tow company shall have a worker's compensation and employees' liability policy covering operations in New York State.
L. 
Insurance.
(1) 
The tow company shall, at its sole expense, maintain insurance on its own behalf and furnish to the Town of North Castle certificates of insurance from an insurance company licensed to do business in New York State, in accordance with the Town's minimum insurance requirements, together with an indemnification and hold harmless agreement, and said insurance shall include coverage for the following:
[Amended 11-18-2015 by L.L. No. 9-2015]
(a) 
Products/completed operations.
(b) 
Independent contractors.
(c) 
Expulsion, collapse and underground losses.
(d) 
Broad-form property damage liability (including completed operations).
(e) 
Personal injury, including hazards [Subsection L(1)(a), (b) and (c)].
(2) 
The Town of North Castle should be named as an additional insured on the policy and the certificate of insurance should show this as to the liability coverage on the certificate.
(3) 
In lieu of naming the Town as an insured, it may be acceptable for the user to provide contractual liability coverage on the certificate evidencing coverage for the attached hold harmless agreement in favor of the Town. The certificate shall specifically refer to the agreement as being insured under contractual liability and be attached to the certificate.
M. 
The tow company shall have a comprehensive automobile policy, in accordance with the Town's minimum insurance requirements, including coverage for owned, nonowned and hired private passenger and commercial vehicles.
[Amended 11-18-2015 by L.L. No. 9-2015]
N. 
Certificates shall provide that 30 days' written notice, by registered mail and return receipt requested, prior to cancellation be given to the Town. Policies that lapse and/or expire during the term of occupancy shall be recertified and received by the Town no less than 30 days prior to renewal.
O. 
The tow company shall ensure that employees of the tow company who operate tow vehicles shall have a proper and valid operators' driving licenses and must have the same verified through the Police Department.
P. 
The tow company shall ensure that all vehicles used shall be properly registered and insured, and this must be verified through the Police Department.
Insurance policies shall be reviewed and approved by the Town's Risk Manager.
If any questions arise as a result of this procedure, persons should contact the office of the Chief of Police.