[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Kisco 11-24-2014 by L.L. No. 4-2014. Amendments noted where
applicable.]
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:
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.
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.
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.
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.
The moving of a motor vehicle by another vehicle for hire.
A vehicle that:
A.
Where the operator of a towing truck removes or plans to remove an
unattended motor vehicle from privately owned real property under
the direction of the owner or an individual acting on behalf of the
owner of such property, said operator, before removing said vehicle,
shall notify the Police Department of the Village/Town of Mount Kisco
of the impending removal of the vehicle and provide to the Police
Department the street address and telephone number of the premises
where any person whose vehicle is removed may recover the same.
B.
In no event shall the operator of a towing truck require the owner
of a vehicle to retrieve such towed vehicle from a location that is
not within the limits of the Village/Town of Mount Kisco, an adjoining
municipality, or 10 road miles from the limits of the Village/Town
of Mount Kisco.
C.
Whenever the operator of a towing truck removes an unattended motor vehicle from privately owned real property, all charges imposed for both towing and storage shall not exceed those authorized by the County of Westchester under Article VIII of Chapter 863 of the Code of Ordinances of Westchester County.
D.
Whenever the operator of a towing truck removes an unattended motor
vehicle from privately owned real property to the site said operator
maintains for such impounded vehicles, said operator shall provide
at such site an individual authorized to release the impounded vehicle
upon the payment of the authorized towing and storage charges. Said
facility shall, at a minimum, be open for the release of vehicles
during normal business hours Monday through Saturday, excepting federal
and New York State holidays. Upon release, the operator shall provide
the owner of the impounded vehicle with a legible, numbered and signed
receipt of payment. Such receipt shall state the name, business address,
business telephone number and license number of the operator who has
towed such vehicle as such information appears on the license to engage
in towing, and such receipt shall also include a telephone number
for the office within the Police Department responsible for receiving
complaints with respect to towing.
E.
Whenever a tow truck operator is about to remove an improperly parked
vehicle from privately owned real property but has not yet hooked
up or engaged said vehicle to a towing truck, said operator shall
immediately release custody and control of the vehicle to the owner
or such other person authorized to operate the same without charging
any fee whatsoever, provided only that said vehicle is immediately
removed from the property.
F.
In the event that a tow truck operator is about to remove an improperly
parked vehicle from privately owned real property and has hooked up
and engaged said vehicle to a towing truck but has not removed the
vehicle from the property, said operator shall immediately release
custody and control of the vehicle to the owner or such other person
authorized to operate the same for the payment of a fee set by resolution
of the Village Board of Trustees, provided that, upon payment of such
fee and the release of said vehicle, said vehicle is immediately removed
from the property by the owner or operator thereof.
G.
No motor vehicle shall be towed by a person licensed pursuant to
this section unless such licensee has been authorized to tow such
motor vehicle pursuant to a written contract between such licensee
and the owner, lessee, managing agent or other person in control of
the property on which such motor vehicle is parked. Such contract
shall also provide that such owner, lessee, managing agent or other
person in control of the property may be liable for any violation
by such licensee or his or her employee or agents of any of the provisions
of this section or of any rules promulgated pursuant to this section.
H.
An owner, lessee, managing agent or other person in control of property
who has entered into a written contract with a person licensed pursuant
to this section authorizing such licensee to tow away motor vehicles
parked on such property may be liable for any violation by such licensee
or such licensee's employees or agents of the provisions of this
section, or of any rules promulgate pursuant to this section.
I.
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.
J.
No charge shall be imposed for the towing or storage of a vehicle
when any person has committed a violation of this section, or any
rules promulgated pursuant to this section with respect to such vehicle,
and any such unlawful charge shall be reimbursed by any person liable
for a violation of this section.
K.
The owner or person in control of a vehicle that has been towed by
a licensee or such licensee's employee or agent shall be permitted
to pay any charge for towing at the location where such vehicle is
stored and the licensee, or other person authorized to accept payment,
shall accept such payment in person by credit card or in cash in accordance
with generally accepted business practices.
A.
An operator may boot an improperly parked vehicle on privately owned
real property instead of towing it therefrom, but the fee for such
booting shall not exceed an amount set by resolution of the Village
Board of Trustees, provided that, upon payment of such fee and the
removal of the booting device, said vehicle is immediately removed
from the property by the owner or operator thereof. Upon request,
the operator shall display to the owner or operator of such vehicle
a valid license issued by the Police Commissioner pursuant to this
chapter.
B.
Whenever a person engaged in the booting of vehicles affixes a boot
to an unoccupied motor vehicle on privately owned real property under
the direction of the owner or an individual acting on behalf of the
owner of such property, said operator shall notify the Mount Kisco
Police Department prior thereto.
C.
Whenever an operator affixes a boot to an unoccupied motor vehicle
on private property, said operator shall affix a four-inch-by-seven-inch
orange sticker to the driver's side window. Said sticker shall
warn the driver that a boot is affixed to the vehicle and moving the
vehicle could result in damage to the vehicle. The sticker shall include
the name, and address of the operator, as well as a telephone number
the driver can call to arrange for the removal of the boot.
D.
In the event that an operator boots an unoccupied motor vehicle on
privately owned real property, the operator or an attendant must remove
the boot from the vehicle within 15 minutes after being contacted
by the vehicle's owner or operator, provided payment is contemporaneously
made.
E.
Whenever an operator has begun the process of booting an improperly
parked vehicle on private property but has not yet locked the boot
onto the vehicle, and the owner or operator of the vehicle offers
to remove the vehicle from private property, said operator shall remove
the boot from the improperly parked vehicle at no charge to the vehicle's
owner or operator.
F.
No motor vehicle shall be booted by a person licensed pursuant to
this section unless such licensee has been authorized to boot such
motor vehicle pursuant to a written contract between such licensee
and the owner, lessee, managing agent or other person in control of
the property on which such motor vehicle is parked. Such contract
shall also provide that such owner, lessee, managing agent or other
person in control of the property may be liable for any violation
by such licensee or his or her employee or agents of any of the provisions
of this section or of any rules promulgated pursuant to this section.
G.
An owner, lessee, managing agent or other person in control of property
who has entered into a written contract with a person licensed pursuant
to this section authorizing such licensee to boot motor vehicles parked
on such property may be liable for any violation by such licensee
or such licensee's employees or agents of the provisions of this
section, or of any rules promulgate pursuant to this section.
H.
No motor vehicle may be booted if:
(1)
Such vehicle is occupied by any person;
(2)
Such vehicle is parked on the roadway side of a vehicle stopped,
standing or parked at the curb;
(3)
Such vehicle is parked in a fire lane, or in front of or immediately
adjacent to a fire hydrant, fire connection or building emergency
exit;
(4)
Such vehicle is an ambulance, correction vehicle, police vehicle,
fire vehicle, civil defense emergency vehicle, emergency ambulance
service vehicle, environmental emergency response vehicle, sanitation
patrol vehicle, hazardous materials emergency vehicle, ordinance disposal
vehicle of the Armed Forces of the United States;
(5)
Such vehicle bears a special vehicle identification issued in accordance
with the provisions of § 1203-a of the Vehicle and Traffic
Law, or "MD" New York registration plates; and
(6)
Such vehicle is parked in a space reserved for vehicles displaying
a handicap permit.
I.
No release or waiver of any kind purporting to limit or avoid liability
for damages to a vehicle that has been booted shall be valid. In addition,
any person who booted a vehicle, or other person authorized to accept
payment of any charges for such booting, shall provide a signed receipt
to the individual paying the booting charges at the time such charges
are paid. Such receipt shall state the name, business address, business
telephone number and license number of the person who has booted such
vehicle as such information appears on the license to engage in booting,
and such receipt shall also include a telephone number for the office
within the Police Department responsible for receiving complaints
with respect to booting.
J.
No charge shall be imposed for the booting of a vehicle when any
person has committed a violation of this section, or any rules promulgated
pursuant to this section with respect to such vehicle, and any such
unlawful charge shall be reimbursed by any person liable for a violation
of this section.
K.
The owner or person in control of a vehicle that has been booted
by a licensee or such licensee's employee or agent shall be permitted
to pay any charge for booting at the location where such vehicle was
booted and the licensee, or other person authorized to accept payment,
shall accept such payment in person by credit card or cash in accordance
with generally accepted business practices.
A.
No owner of private property shall remove, permit the removal or booting of or cause to be removed or booted any motor vehicle from property owned by him unless there is erected and maintained upon such property, clearly visible at the entrances and exits to such property, or placed directly in front of each parking space a sign containing a warning that parking thereon is restricted to authorized persons only, that unauthorized parking or trespassing is prohibited and that the vehicles of trespassers or unauthorized persons will be towed away or booted, and containing the further statement setting forth the tow company name, address and telephone number where any person whose vehicle is booted or removed may make inquiry to regain his vehicle. Such signs shall be not less than 12 inches by 18 inches in size, and lettering thereon shall be not less than one inch in size. Included on such sign shall be the fee amount authorized by the County of Westchester under Article VIII of Chapter 863 of the Code of Ordinances of Westchester County and the fee amount authorized by the Village/Town of Mount Kisco pursuant to § 86-3F of the Code of the Village/Town of Mount Kisco for hookup but not removal, and the fee amount authorized by the Village/Town of Mount Kisco pursuant to § 86-4A of the Code of the Village/Town of Mount Kisco for booting.
B.
All information on the above-required signs must be filed with the Mount Kisco Police Department. The owner shall inform the Police Department, in writing, of any changes to the contents of such sign within 10 days of such change. The application fee shall be as set forth in § A112-86C for each application.
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.
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.
A.
Any license issued hereunder may be suspended, revoked or refused
to be renewed by the Police Chief or his designee after a hearing,
upon five days' notice, if the licensee thereof shall violate
any provision of this chapter, any rule or regulation adopted hereunder
or any ordinance of the Village/Town or is charged with the violation
of any vehicle and traffic law, ordinance or regulation of the State
of New York, County of Westchester or Village/Town of Mount Kisco.
B.
A request for a hearing to reinstate a license or to contest a suspension,
revocation or refusal to renew must be made, in writing, to the Police
Chief and be sent by registered or certified mail or given in person
within 10 days after the suspension, revocation or refusal to renew.
A hearing will be held within 21 days after receipt of the licensee's
request before the Police Chief or his designee and a decision rendered
within three days. The licensee's license will remain suspended,
revoked or expired until a decision is rendered by the Police Chief
or his designee.
C.
Any licensee whose license has either been suspended, revoked or
refused to be renewed pursuant to this chapter may appeal said suspension,
revocation or refusal to renew to the Police Chief, within 30 days
of the date thereof, by attaching a copy of the suspension or revocation.
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.
