It is hereby declared and found that the towing and booting
of vehicles in the Village/Town of Mount Kisco involves matters affecting
the public interest and that certain improper practices related thereto
should be subject to regulation for the purpose of protecting the
public from fraud, abuses and unnecessary inconvenience.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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 Village/Town, 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 and bond in accordance with Village/Town requirements under §
86-11 and §
A112-86B.
I. Any other relevant information set forth in a uniform application
form established by the Chief of Police.
J. Street address, name of property owner and nighttime telephone number
for the location at which the tow, booting operation is schedule to
occur and the days/time periods when the operation is contracted to
occur.
Notwithstanding any other penalty provision of the Code of the
Village/Town of Mount Kisco, 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 Chief of Police shall issue a license after
consultation with the Building Inspector and Village Manager to the
applicant unless, in his sound discretion, he determines:
A. That the applicant is unfit and is incapable of properly conducting
a towing or booting business within the Village/Town of Mount Kisco
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,
county, or Village/Town 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.
An application for a license under this chapter shall also be accompanied by a bond to the Village, approved as to form and surety by the Village Attorney in the sum provided in Chapter
A112, Fees, §
A112-86B, with a sufficient surety or sureties or sufficient collateral security conditioned for making a final delivery of any vehicle booted, towed or interacted with in any capacity in the course of the licensed operator's business. Any person aggrieved by the action of any licensed operator shall have the right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the village for a period of 90 days after the expiration of any such license, unless sooner released by the Village Manager.
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, Village
Attorney or other individual or entity authorized by the Board of
Trustees.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.