[HISTORY: Adopted by the Town Board of the
Town of LaGrange as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-13-1994 by L.L. No. 1-1994 (Ch. 50 of the 1975
Code)]
[Amended 6-26-2002 by L.L. No. 6-2002]
In order to promote the health, safety and welfare
of the people of the Town of LaGrange, and pursuant to the statutory
authority provided by § 1602(b) and § 1660, Subdivisions
(a)18 and (a)25, of the Vehicle and Traffic Law of the State of New
York, it is found necessary to enable police officers, and peace officers
including members of fire police squads duly established by fire departments
or fire companies serving the Town of LaGrange under General Municipal
Law § 209-c, to control and regulate vehicular and pedestrian
traffic, and the stopping, standing and parking of vehicles, in the
vicinity of fire, accident and other public emergency scenes.
As used in this article, the following terms
shall have the meanings ascribed to them below:
Every duly designated person meeting the definition of § 2.10
of the Criminal Procedure Law of the State of New York, and shall
include members of fire police squads duly established under § 209-c
of the General Municipal Law of the State of New York.
[Amended 12-30-2002 by L.L. No. 12-2002]
Persons as defined in § 1.20 of the Criminal Procedure
Law of the State of New York.
[Added 6-8-2016 by L.L.
No. 4-2016[1]]
The Town Board of the Town of LaGrange hereby makes the following
findings: The health, safety and welfare is adversely affected by
the practice of some tow truck operators in the Town of LaGrange coming
to the scene of motor vehicle accidents in order to solicit business
from those involved in said accidents. The arrival at the scene of
more tow trucks than are required unnecessarily expands the scene
of the accident to include those tow trucks. This increases traffic
congestion and creates greater difficulty in directing traffic around
the scene. Increased traffic congestion can cause delays for emergency
vehicles and possibly life-saving personnel and equipment arriving
at the scene of the accident and at other emergencies that may occur
at the same time. Also. this increased congestion can cause other
motor vehicle accidents to occur and thus unnecessarily increase the
risk of injury to emergency personnel, persons and property. The presence
of more tow trucks than are required can also interfere with the activities
of those police officers investigating the causes of the accident.
[Amended 6-8-2016 by L.L.
No. 4-2016]
A.
Whenever deemed advisable during a fire or at the time of any accident
or other special emergency, a police officer or peace officer may,
for such period of time as deemed necessary for public safety and
the effectiveness of emergency personnel, temporarily close any street
or section thereof to vehicular traffic, or divert any vehicular or
pedestrian traffic away from the vicinity of the emergency scene,
or they may curtail the stopping, standing, or parking of any vehicles
in the vicinity of the emergency scene.
B.
Solicitation: The solicitation of towing business at motor vehicle
accidents is prohibited within the Town of LaGrange. It shall be unlawful
for any person operating a tow truck to cause said tow truck to remain
within 500 feet of the scene of a motor vehicle accident unless such
person has been called to the scene by a police officer, peace officer,
emergency incident commander, or directly by a person involved in
the mishap. Any first responder arriving at the scene under a "blue
light" in a tow vehicle and breaking the five-hundred-foot barrier
shall be considered present as an emergency responder and not at the
scene for the purposes of solicitation of towing business.
C.
It shall be an offense under this article, in the nature of a violation
under this state's criminal procedure law, for any person to
disregard any direction of a police officer or peace officer given
in the furtherance of their authority bestowed hereunder, including
but not limited to the failure or refusal to move a vehicle away from,
or to otherwise depart from, the vicinity of a fire, accident or other
special emergency scene.
[Amended 6-8-2016 by L.L.
No. 4-2016]
B.
Any tow operator who violates this article, regardless of whether a conviction of an offense first occurs, shall be subject to forfeiture of his/her position on the rotating tow list used by the Dutchess County Sherriff's Office and the New York State Police, in addition to the penalties for conviction stated above in Subsection A of this § 111- 5.
