[HISTORY: Adopted by the Village Board of the Village of
Port Chester as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-19-2015 by L.L. No. 9-2015]
A.
It is hereby declared and found that the towing and booting of unauthorized
vehicles from parking lots that are on privately owned property, as
defined in this article, in the Village of Port Chester involves matters
affecting the public interest. Regulation of these commercial activities
through a licensing process is necessary to establish a uniform and
predictable system of business operations, maintain the rights of
private owners to manage and operate their property, and to protect
the rights of consumers against unreasonable fees and predatory and
illicit practices.
B.
The Village is authorized to adopt this article pursuant to Municipal
Home Rule Law, §§ 10(1)(ii)(a)(9-a) and 10(1)(ii)(a)(12)
and General Business Law, § 399-v.
As used in this article, the following terms shall have the
meanings indicated:
An owner of a towing and/or booting service, seeking a towing/booting
license under this article.
The utilization of a boot or other device which causes vehicles
to be immobile or otherwise renders a vehicle immobile or inoperable.
Any person who boots or immobilizes a motor vehicle.
Any mechanism that is clamped, affixed or locked onto the
wheel of a motor vehicle to prevent the wheel from rotating, thereby
immobilizing the vehicle, or other similar mechanism that results
in the immobilization of the vehicle.
The steps and actions to be taken in order to totally secure
and engage a vehicle for towing.
A certificate duly issued by the Village of Port Chester
to allow the licensee to engage in booting and/or towing.
An owner of a tow truck or booting company who is the holder
of a valid license. This term shall also include said owner's
employees or agents.
Residences containing three or more dwelling units.
A listing of all licensees who have been authorized to boot
and tow from privately owned property within the Village of Port Chester.
Real property owned or leased 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, multifamily dwellings
and land used for commercial purposes. This term shall include real
property where, by agreement with another party, fee title is nominally
with the Port Chester Industrial Development Agency, but the lessee
is using it for the any of the preceding purposes. This term shall
also include parking lots owned by or under the control of Port Chester
Housing Authority. This term shall not include property improved by
one- or two-family dwellings.
The person who exercises dominion and control over a parcel
of privately owned property, including but not limited to the legal
title holder, lessee, a resident manager, a property manager or other
agent who has legal authority to bind the owner.
To haul, carry, pull along, or otherwise transport or remove
a vehicle by means of another vehicle.
A vehicle that is being used to tow another motor vehicle.
Any person that is operating a tow truck for the purposes
of towing.
The moving or removal of a vehicle without the consent of
the vehicle's owner or operator, as authorized by this article,
when the vehicle is parked on privately owned property.
A vehicle that is parked in violation of the posted parking
lot rules on the privately owned property.
Automobiles, trucks and trailers of any kind.
No person shall engage in trespass towing or booting on privately
owned property without first having obtained a towing/booting license
from the Village of Port Chester as provided herein.
An applicant for a towing/booting license shall make application
to the Chief of Police or his designee on a form provided by the Village
which contains the following:
A.
A statement of 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 location
and address of the place of incorporation and principal place of business,
as well as the name and address of each officer, director and stockholder
with a controlling interest thereof.
B.
A statement of the owner or lessee and address of all properties
that will be used for the storage of towed vehicles in connection
with the applicant's towing or booting business which location
shall not exceed 10 miles from the subject privately owned property.
All motor vehicles towed to such storage location(s) shall be able
to be reclaimed by the vehicle's owner or operator on a twenty-four-hour
seven-day basis. The applicant must provide certification from the
municipal enforcement officer charged with the enforcement of buildings
and land uses that the storage location(s) to be used are in conformance
with the applicable zoning and building codes.
C.
A statement as to whether the applicant or any booter or tow truck
driver under the applicant's employ or contract has, within the
last five years, ever been convicted of a crime and, if so, the date,
crime charged and sentence imposed. The applicant and all booters
and tow truck drivers under the applicant's employ or contract
shall submit to fingerprinting through the Police Department. Such
fingerprints and fees shall be submitted in the form and manner as
prescribed by the Division of Criminal Justice Services. The fee for
such investigation shall be assumed by the applicant.
D.
A statement as to whether the applicant has ever been denied a license
or permit by any governmental agency or authority to operate a tow
truck, towing business and/or booting business and also whether or
not any such license or permit has been suspended or revoked and,
if so, the date, the location and the circumstances thereof.
E.
A copy of all current licenses or permits duly issued to the applicant
which authorizes the operation of a tow truck or booting business.
F.
A copy of all current licenses or permits duly issued to the applicant
or its employees and/or agents to operate a tow truck or boot.
G.
An indication as to whether the application is for an initial license
or a renewal.
H.
A certificate of insurance evidencing proof of comprehensive general
liability insurance in accordance with the Village's standard
insurance requirements and indemnification agreement, both approved
by the Village Attorney.
I.
Vehicle and tow truck ownership information for all vehicles to be
used, including but not limited to make, model, year, color, vehicle
identification number, license plate number, a copy of each registration,
and a copy of all insurance information.
J.
Copy of a duly executed contract between the licensee and the property
owner, lessee, managing agent or other person in control of the privately
owned property that is the subject of the license.
(1)
The contract shall at a minimum contain the following terms:
(a)
The legal name, physical address and telephone number of the
towing or immobilization service and the property owner requesting
the towing or immobilization services;
(b)
The name of the real property owner and the name of any agent,
site manager, lessee or other person in control of the privately owned
property and the address and/or legal description of the real property
from which the vehicle(s) will be towed or at which the vehicle(s)
will be immobilized;
(c)
The duration of the agreement. The contract must be in effect
for the entire term of the license;
(d)
The time of day that such towing or immobilization is authorized;
(e)
The days of the week that such towing or immobilization is authorized;
(f)
An enumerated list of all fees to be charged to the vehicle
owner/operator that shall not exceed the amounts set by the County
in Chapter 863 of the Consumer Protection Code;
(g)
The address and tax lot designation of the location where the
vehicle will be towed/stored or immobilized. Said storage site shall
not be more than 10 miles from where the tow originates; and
(h)
A statement stating that no payment or valuable consideration
was given, or will be given, from the applicant to the property owner
for the right to engage in booting and towing from the property owner's
privately owned property;
(i)
The signature of both the property owner and the owner, or authorized
representative of the towing or immobilization service, certifying
that each has read and is in compliance with the applicable provisions
of state and local law.
(2)
If the property owner elects to designate the applicant/licensee
as his agent to authorize the licensee to boot and or engage in trespass
towing without individualized direct requests, such relationship must
be disclosed in the contract.
(3)
The contract shall also acknowledge that both parties shall be jointly
and severally liable with the licensee to the Village of Port Chester
for any violation by such licensee or his or her employees or agents
of any of the provisions of this article or of any rules and regulations
promulgated thereunder. The contract shall be in effect for the entire
term of the license.
K.
Photographs or proof of informational signage as provided for and
in compliance in this article.
L.
Any change(s) from the information provided in the application shall
be disclosed to the Chief of Police on a form provided by the Village,
within five days of such change(s).
An application fee, in the amount set forth in Chapter 175, shall accompany each application for a towing/booting license.
No applicant or licensee shall pay or rebate money or solicit
or offer the payment or rebate of money or other valuable consideration
to property owners for the right to engage in booting and towing from
any property.
Upon receipt of a complete application, payment of the requisite
fees, and results of the criminal history background check, the Chief
of Police may issue a towing/booting license. Such license shall be
valid for a term of 24 months from issuance. A licensee may reapply
for a renewed license, provided that such application is made and
received within 60 days prior to expiration.
The Chief of Police is responsible for reviewing the criminal
history record information disseminated by the Division of Criminal
Justice Services and may deny an application, in the first instance
or renewal, if it is determined that:
A.
The applicant is unfit and incapable of properly conducting a towing
or booting business within the Village of Port Chester or does not
conform to the provisions of this article; or
B.
The place where vehicles are towed for storage is in violation of
any state or local law or regulation, including any zoning or building
codes; or
C.
The applicant has made a false statement or misrepresentation in
the application; or
D.
The applicant, or any booter or tow truck driver under the applicant's
employ or contract, has been convicted of a felony or any crime involving
violence, dishonesty, deceit, or moral turpitude. If an applicant
has been convicted of one of the above-specified criminal activities,
any decision regarding such applicant's fitness for a license
shall be made upon consideration of New York State Correction Law
§§ 701 through 703-b and §§ 751 through
753.
A license issued hereunder shall not be transferred or assigned
by the licensee, and any attempt to transfer or assign shall render
such license void.
A.
No property owner of privately owned property shall tow or boot,
or cause to be towed or booted, any vehicle, nor shall any licensee
service such privately owned property unless there is erected in plain
view and maintained at each entrance to such property an informational
sign with minimum dimensions of 24 inches by 24 inches. All information
on the sign must be legible at all times from the parking lot entrances.
B.
Each sign must contain the following minimum information:
(1)
The rules of the parking lot, including but not limited to a statement
that the lot is for customers or employees of the business(es) only,
hours of operation, size and type of vehicles allowed, and a statement
that a vehicle parked in violation of the listed rules shall be deemed
an unauthorized vehicle.
(2)
A statement containing a warning that unauthorized vehicles are subject
to be towed or booted at the vehicle owner's expense.
(3)
The towing/booting and/or storage fee to be charged, which shall
not exceed the fee amount authorized by the County of Westchester.
(4)
The name, address and telephone number of the licensed towing/booting
company, and how the car may be recovered or how the boot can be removed.
C.
The signs shall be on a white background, with black lettering that
shall be of sufficient size so as to be capable of being read from
the sidewalk or street adjacent to the entrance(s) to the parking
lot.
D.
All informational signs, prior to their installation, and any changes
made to the informational signs during the term of the license must
be approved by the Police Chief or his designee.
E.
All informational signs shall be kept in good condition.
A.
No person shall engage in trespass towing without having a current
and valid towing/booting license as prescribed by this article.
B.
No vehicle shall be towed, nor shall any licensee engage in trespass
towing, without the direction and/or authorization of the property
owner, lessee, or agent. Such authorization shall be documented, and
a written entry on a form prescribed by Police Department shall be
made prior to towing said vehicle. Such entry shall include the time,
date, location, production year, manufacturer, and license plate number
of the vehicle towed or booted. Furthermore said licensee shall maintain
such form for a period of at least one year and deliver a copy of
entries made during the preceding week to the Chief of Police or his
representative each Monday or, in the event of a holiday, the first
business day of the week. Said licensee shall make such records available
for inspection, at any time, to any member of the Port Chester Police
Department, or any other law enforcement agency having jurisdiction
in the Village, upon request of such officer.
C.
Notification of Police Department.
(1)
Whenever a licensee engages in a trespass tow within the Village
of Port Chester, said licensee shall notify the Port Chester Police
Department immediately prior to any such tow. Such notification to
the Police Department shall relate at a minimum the following information:
(a)
The identification of the licensee and tow truck driver involved.
(b)
The nature of the motor vehicle's violation.
(c)
The location of the storage site to which the vehicle will be
towed.
(d)
The time the vehicle will be towed or removed.
(e)
The make, model, year, color, vehicle identification number
(VIN) and license plate number of the vehicle.
(2)
Such notification shall be made to the Police Department in the manner
in which prescribed in the rules and regulations accompanying this
section of the Village Code.
D.
Whenever a licensee is about to remove an unauthorized vehicle from
a private parking lot but has not yet hooked up or engaged said vehicle
to a towing truck, and said vehicle owner or operator appears seeking
the return of the vehicle, said licensee 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.
E.
In the event that a licensee is about to remove an unauthorized vehicle
from privately owned property and has hooked up and engaged said vehicle
to a tow truck, but has not removed the vehicle from the premises,
and said vehicle owner or operator appears seeking the return of the
vehicle, said tow truck driver shall immediately release custody and
control of the vehicle to the owner or operator, for the payment of
a fee of $15, and further provided that said vehicle is immediately
removed from the premises by the owner or operator.
F.
Whenever a licensee engages in trespass towing and removes an unattended
motor vehicle from privately owned property to the storage location,
said licensee shall provide at such site, on a twenty-four-hour-a-day
basis an individual authorized to release the impounded vehicle. Said
motor vehicle must be released within one hour upon receipt of payment
of the authorized towing and storage charges. Upon release, the licensee
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 person 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.
G.
Upon request, the tow truck driver shall display to the owner or
operator of such vehicle a valid towing/booting license issued by
the Village of Port Chester pursuant to this article.
H.
An owner, lessee, managing agent or other person in control of privately
owned property who has entered into a contract with a person licensed
pursuant to this section authorizing such licensee to tow motor vehicles
parked on such property shall be jointly and severally liable for
any violation by such licensee, or such licensee's employees
or agents, of the provisions of this section, or of any rules promulgated
pursuant thereunder.
J.
If any person has committed a violation of this section, or any rules
promulgated pursuant to this section, such person shall be prohibited
from collecting a fee or charge for his or her towing services, and
any such unlawful charge collected shall be reimbursed to the vehicle's
owner.
K.
Whenever a licensee engages in trespass towing and removes the unauthorized
vehicle from the privately owned property, all charges imposed for
both towing and storage shall not exceed those authorized by the County
of Westchester Consumer Protection Code.
L.
The owner or person in control of a vehicle that has been towed or
hooked up but not removed from the premises shall be allowed to pay
any authorized charge(s) in cash or by credit card.
A.
No person shall engage in booting, without having a current and valid
towing/booting license as prescribed by this article.
B.
No vehicle shall be booted or immobilized without the direction and/or
authorization of the property owner, lessee, or agent. Such authorization
shall be documented, and a written entry on a form prescribed by the
Police Department shall be made prior to the vehicle being booted.
Such entry shall include the time, date, location, production year,
manufacturer, and license plate number of the vehicle towed or booted.
Furthermore said licensee shall maintain such form for a period of
at least one year and deliver a copy of entries made during the preceding
week to the Chief of Police or his representative each Monday or,
in the event of a holiday, the first business day of the week. Said
licensee shall make such records available for inspection, at any
time, to any member of the Port Chester Police Department, or any
other law enforcement agency having jurisdiction in the Village, upon
request of such officer.
C.
Notification of Police Department.
(1)
Whenever a licensee engages in booting or immobilization of vehicles
within the Village of Port Chester, said licensee shall notify the
Port Chester Police Department immediately prior. Such notification
to the Police Department shall relate at a minimum the following information:
(2)
Such notification shall be made to the Police Department in the manner
in which prescribed in the rules and regulations accompanying this
section of the Village Code.
D.
A licensee may boot an unauthorized vehicle on privately owned property
instead of towing it therefrom. The fee for such booting shall not
exceed that authorized by the County of Westchester Consumer Protection
Code.
E.
Immediately after a vehicle is booted or immobilized, the licensee
booting or immobilizing such vehicle, the owner of the property where
the vehicle was immobilized, or an employee or agent of such person
or owner shall affix upon the window adjacent to the driver's
seat of such vehicle a sticker with a completely removable adhesive,
measuring 8 1/2 inches by 11 inches, containing a warning that
any attempt to move the vehicle may result in damage to the vehicle
and stating the name and business address of the licensee who immobilized
such vehicle as well as a business telephone number, which must be
available on a twenty-four-hour basis, seven days a week, that will
facilitate the dispatch of personnel responsible for removing the
immobilization device.
F.
In the event that a licensee boots an unoccupied motor vehicle on
privately owned real property, the licensee must remove the boot from
the vehicle within 15 minutes after being paid the charge for same
as prescribed by the parking lot's rules. Upon the removal of
the booting device, said vehicle shall be immediately removed from
the property by the owner or operator thereof.
G.
Whenever a licensee has begun the process of booting an unauthorized
vehicle on privately owned property but has not yet locked the boot
onto the vehicle, and said vehicle owner or operator, arrives and
makes demand for return and the owner or operator of the vehicle offers
to remove the vehicle from the premises, said booter shall remove
the boot from the improperly parked vehicle at no charge to the vehicle
owner or operator.
H.
Upon request, the booter shall display to the owner or operator of
such vehicle a valid towing/booting license issued by the Village
of Port Chester pursuant to this article.
I.
An owner, lessee, managing agent or other person in control of privately
owned property who has entered into a contract with a person licensed
pursuant to this section authorizing such licensee to boot motor vehicles
parked on such property shall be jointly and severally liable for
any violation by such licensee or such licensee's employees or
agents of the provisions of this section, or of any rules promulgated
pursuant thereunder.
J.
No motor vehicle may be booted if:
(1)
Such vehicle is occupied by a natural person or live animal.
(2)
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.
(3)
Such vehicle is an ambulance, police or fire vehicle, or other official
Village or other governmental vehicle.
(4)
Such vehicle is parked in a space reserved for vehicles displaying
a handicap permit.
K.
No release or waiver 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.
L.
If any person has committed a violation of this section, or any rules
promulgated pursuant to this section, such person shall be prohibited
from collecting a fee or charge for his or her booting services, and
any such unlawful charge collected shall be reimbursed to the vehicle's
owner.
M.
The owner or person in control of a vehicle that has been booted
shall be allowed to pay any authorized charge(s) in cash or by credit
card.
N.
Tampering with a boot or immobilization device that is lawfully attached
to a motor vehicle is prohibited.
O.
Any vehicle that has been booted which has not been claimed within
24 hours of booting may be towed by the licensee who booted said vehicle.
Any person who violates any of the provisions of this article
shall be subject to a fine of not more than $500 for the first violation,
$1,000 for the second violation and $1,500 for each violation thereafter,
per violation. Each violation shall be considered a separate and distinct
offense.
A.
Any license issued hereunder may be suspended or revoked by the Chief
of Police upon the grounds that the licensee has been notified and
charged with a violation of this article or any rule or regulation
adopted hereunder.
B.
Such notice shall become final unless the licensee makes application
to appeal same to the Village Manager or his designee within five
days of receipt.
C.
Any licensee whose license has been revoked shall not be eligible
to file an application for a towing/booting license for a period of
one year from the date of revocation.
The Chief of Police is authorized to promulgate reasonable rules
and regulations with regard to the administration and implementation
of this article.
A.
The provisions of this article shall be enforced by the Police Department.
B.
The Village Attorney is authorized to commence a civil action or
special proceeding for an injunction upon any person(s) in violation
of this article, and to take such action authorized in General Business
Law §§ 399-v and 399-x.
C.
Violators of this article shall be subject to referral to the Westchester
County Department of Consumer Protection.
