Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meanings given to them by this
section:
ABANDONED VEHICLE
Any vehicle which is unattended or obstructing traffic and
which, in the judgment of the Police Department, shall be removed.
ACCIDENT
Any incident or occurrence in which one or more vehicles
come into contact with each other or another object thereby causing
personal injury or property damage.
DISABLED VEHICLE
Any vehicle that requires towing because of accident or because
it is unable to proceed under its own motive power.
DRIVER
Any person driving a tow truck upon the public highways for
hire.
FOR HIRE
Includes any incident where a fee, charge or other consideration
is directly or indirectly imposed for towing, carrying or removing
any vehicle, and shall be inclusive of repairs made on a towed vehicle
for a consideration, although no charge is expressly imposed for the
towing of such a vehicle.
OPERATE
Includes the control and direction of the use of a vehicle
for towing from places within the Town of Mount Hope, for hire.
RESTRICTED LICENSE
That license issued to the owners of towing trucks authorizing
the holder thereof to engage in all tow truck operations, except that
he will not be permitted at scenes of accidents unless specifically
called by the person in charge of the disabled vehicle and will not
be placed on the preferred tow truck list at police headquarters.
SCENE OF ACCIDENT
Includes any area of a street to which a vehicle is removed
to prevent obstruction of traffic, and will remain so until the vehicle
or vehicles is removed, either under its own power or by a properly
licensed tow truck.
TERMINAL
Any place of business where there is maintained or operated,
on a full-time basis, an automobile wrecking, filling station, public
garage, gasoline station, junkyard or motor vehicle service station,
as these terms are defined in the Code of the Town of Mount Hope,
with sufficient storage for at least two disabled vehicles, provided
that the same is a New York State licensed motor vehicle repair shop.
TOWING
The moving or removing of disabled or abandoned motor vehicles
by a tow truck for hire.
TOW TRUCK
A motor vehicle which is either equipped for the purpose
of carrying, lifting, pushing, pulling or otherwise removing, for
hire, any motor vehicle or motor vehicles, or is used in the business
of removing such vehicles.
UNRESTRICTED LICENSE
That license which is issued to owners of towing trucks permitting
the holder thereof to be placed on a preferred roster of tow trucks
located at police headquarters in addition to being permitted to do
all normal towing.
It shall be unlawful to operate a tow truck for hire in the
Town of Mount Hope unless the owner thereof shall have obtained a
license from the Town Clerk.
Applicants for a restricted license will be required to pay
a nonrefundable fee determined by Town Board resolution and will be
limited to normal towing and will not be permitted at scenes of accidents
unless specifically called by the person in charge of the disabled
vehicle.
It shall be unlawful for any licensee to demand or receive any
payment in excess of the rates permitted by this chapter or shown
on the schedule filed by the tow truck owner with the Chief of Police,
and violation of this section shall subject the violator to loss of
license in addition to other penalties set forth herein.
It shall be unlawful for any person, firm or corporation to
solicit towing work by any means whatsoever from any person at or
near the scene of an automobile accident within the Town of Mount
Hope. It shall be unlawful for any tow truck to proceed to the scene
of an accident or disablement without having first been requested
or notified to do so by the vehicle owner or a police officer, and
the operator of any tow truck so doing shall be deemed to have committed
a violation of this chapter. Violation of this section shall subject
the violator to loss of license in addition to other penalties set
forth herein.
Each tow truck operated hereunder shall have inscribed on the
side of such vehicle the trade name and business address of the owner
in letters not less than three inches in height, either painted or
otherwise securely affixed in a conspicuous place as herein provided.
It shall be unlawful to tow away any motor vehicle which has
been involved in an accident, disablement or abandonment without prior
consent of the owner, or of an authorized operator, or of the police
officer at the scene of the accident.
In the event that the licensee called does not respond as quickly
as is necessary, in the opinion of the police officer in charge at
an accident scene, the police officer may call another licensed operator.
The provisions of this chapter shall not apply when the owner
of a damaged car specifically requires the car to be taken from said
Town by an unlicensed tow truck from outside of the Town.
An offense against any provision of this chapter shall be a
violation which shall be punishable, upon conviction, by a fine of
not more than $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
The provisions of this chapter shall be enforced by the Chief
of Police or his designated representatives.