Chapter 183 Tow Cars

It shall be a violation of this chapter for any tow car owner to own, lease, operate, or maintain a terminal in the Town that is not in compliance with the terminal requirements pursuant to § 183-4 of this chapter.

It shall be a violation of this chapter for any tow car owner to own, lease, operate, or maintain a terminal outside of the Town but within the county that is not in compliance with the zoning laws, building laws, fire laws, local laws, and terminal requirements of the municipality in which it is located. Such a terminal, outside of the Town but within the county, shall also comply with § 183-4 of this chapter to the extent that such provisions do not directly conflict with the local laws of the municipality in which it is located.

Application for tow car owner's license.

Every person who desires to be or act as a tow car owner upon the public highways within the Town shall file with the Town Clerk a written application upon forms to be furnished by the Town Clerk, verified under oath, stating:

The name and address of the applicant, specifying, in the case of a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, the name and address of each member, shareholder, officer, director, partner, or principal thereof. If the applicant is a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, it shall provide to the Town Clerk with its application a copy of its certificate of incorporation and certificate of assumed name or "doing business as" certificate.

All crimes of which the applicant and any members, shareholders, officers, directors, partners, or principals thereof, if a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, has been convicted, stating the name and location of the court and the date on which such convictions were had and the penalties imposed therefor.

The experience of the applicant in the towing of vehicles for hire.

The number of tow cars proposed to be operated by the applicant and a description of each such tow car including the make, model, year of manufacture, New York State registration number, and motor vehicle identification number thereof.

The age and citizenship of the applicant and any members, shareholders, officers, directors, partners, or principals thereof, if a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity.

The address of the terminal from which tow cars are proposed to be garaged and dispatched by the applicant. If the terminal is located outside of the Town, the applicant shall:

[1]

Provide a copy of its tow car owner's license issued by the municipality in which it is located, if any;

[2]

Provide documentation demonstrating that the proposed terminal is in compliance with the zoning, building, and local laws of the municipality in which it is located, including but not limited to certificates of occupancy, permits and/or variances granted with respect to the terminal.

All tow car owner's licenses currently and previously held by the applicant issued by any other governmental entity or political subdivision within the previous five years, including, in the case of a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, those held by each member, shareholder, officer, director, partner, or principal thereof. If any such tow car owner's license is identified by the applicant, the applicant shall provide a copy of the license issued by the municipality.

(h)

Whether the applicant has ever been denied a tow car owner's license from the Town or any other governmental entity or political subdivision, the reason for such denial, the date of such denial, and the municipality that denied the license application, including, in the case of a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, those denied to each member, shareholder, officer, director, partner, or principal thereof.

(i)

Whether the applicant has ever had a tow car owner's license revoked or suspended by the Town or any other governmental entity or political subdivision, the reason for such revocation or suspension, the date of such revocation or suspension, and the municipality that revoked or suspended the license, including, in the case of a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, those revoked or suspended against each member, shareholder, officer, director, partner, or principal thereof.

(j)

Whether the applicant wishes his or her name to appear on the rotation system roster, as detailed § 183-13 of this chapter; and

(k)

Any other relevant information which the Town Clerk may require.

Photographs. Every individual applicant for a tow car owner's license shall, at the time of submitting his or her application, submit one individual photograph of the applicant and any members, shareholders, officers, directors, partners, or principals thereof, if a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, taken within 30 days prior to the date of the application, 1 1/2 inches by 1 1/2 inches in size. Such photographs must be a true likeness of the applicant and must show neck, shoulders, and uncovered head.

Fingerprinting. All members, shareholders, officers, directors, partners, or principals of every individual applicant for a tow car owner's license shall be fingerprinted under the direction of the Town Clerk.

Additional qualifications for an unrestricted owner's license. A person applying for an unrestricted owner's license shall meet the following additional qualifications:

The tow car owner's terminal maintains twenty-four-hour service to answer emergency calls regarding motor vehicles.

The tow car(s) of such tow car owner are equipped with a lifting boom or similar device, auxiliary tow lights, a fire extinguisher, an emergency flashing light, at least three flares or a comparable reflective safety device, a bag/container containing no less than 10 pounds of oil-absorbent material, jumper cables, and a heavy-duty broom and shovel.

Upon responding to the scene of an accident and before departing said scene, it shall be the responsibility of the tow car owner to remove any and all accident debris from the roadway, including but not limited to broken glass. A tow car owner, upon observation of an oil spill or leak, or any other fluid, spill, or leak, at the scene of an accident or otherwise disabled motor vehicle, shall spread oil-absorbent material over the affected area. The cost of such debris removal and oil/gas absorption materials shall be calculated and included in the schedule of maximum towing rates as detailed in § 183-9 of this chapter.

Workers' compensation insurance. Every applicant shall provide certification that it has obtained and maintains workers' compensation insurance with an insurance carrier authorized by the New York State Workers' Compensation Board or a certificate of attestation of exemption as proof of a waiver from the New York State Workers' Compensation Insurance Coverage.

Investigation of application and issuance of tow car owner's license.

Fingerprint investigation. Upon receipt of any application, the Town Clerk shall refer the fingerprints of the applicant to the New York State Division of Criminal Justice Service in order to perform a criminal background records investigation and for such further investigations and reports as may be deemed necessary or advisable.

Requisites for issuance of license. Upon determination by the Town Clerk from the statements contained in the application for a tow car owner's license that the applicant is a fit person, possesses adequate character, experience, and responsibility, and is capable of properly conducting such tow car business and to conform to the provisions of this chapter, the Town Clerk, upon the certification of each tow car proposed to be operated by the applicant pursuant to § 183-2 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof and the number of tow cars the applicant is authorized to operate; and at the same time the Town Clerk shall issue for each tow car licensed hereunder a license bearing the words "licensed tow car," an assigned number and the year of issuance; otherwise such application shall be denied.

Examination or hearing. The Town Clerk may, in his or her discretion, before the issuance of a license under § 183-2, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto, or hold a hearing upon such application, as hereinafter provided.

Expiration and renewal of a tow car owner's license.

Expiration. Every license issued hereunder shall expire on the 30th day of June next succeeding the date of its issuance, unless sooner revoked by the Town Board, as hereinafter provided.

Renewal. A license issued pursuant to the terms of this chapter shall be valid for a period of one year. Any tow car owner seeking to renew a license issued pursuant to this chapter shall, not less than 30 days prior to the expiration of its then-current license, file a renewal application in the form proscribed by the Town Clerk setting forth all information required by § 183-2. If the tow car owner shall file its renewal application less than 30 days prior to the expiration of its then current license, its renewal application will be subject to an additional late filing fee as detailed in § 183-7 of this chapter.

Additional tow cars and terminals.

Additional tow car(s). Every tow car owner licensed under § 183-2 who desires to add to the number of tow cars he or she is duly licensed to operate shall file a written application, under oath, with the Town Clerk, stating:

The name and address of the tow car owner;

The tow car owner's license number;

A description of each additional tow car, including the make, model, year of manufacture, New York State registration number, and motor vehicle identification number thereof; and

If the Town Clerk shall find that the tow car owner is capable of properly conducting such tow car business and conforming to the provisions of this chapter, the Town Clerk, upon the certification of each additional tow car proposed to be operated by the tow car owner pursuant to § 183-2 hereof, and the furnishing by the tow car owner of proof of insurance, as hereinafter provided, then he or she shall issue a supplementary tow car owner's license stating the name and address of the applicant, the number of the applicant's operator's license, and the number of additional tow cars the applicant is authorized to operate, and the date of the issuance thereof; and, at the same time, a license for each additional tow car in the form as provided in § 183-2 hereof; otherwise such application shall be denied.

Additional terminal(s). Every tow car owner licensed under this chapter who desires to add an additional terminal shall file with the Town Clerk a written application under oath stating:

The name and address of the tow car owner, specifying, in the case of a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, the name and address of each member, shareholder, officer, director, partner, or principal thereof;

The tow car owner's license number;

The addresses of the tow car owner's existing terminal(s) and additional terminal from which tow cars are proposed to be garaged and dispatched by the applicant;

The number of tow cars proposed to be operated by the applicant from the additional terminal and a description of each tow car including the make, model, year of manufacture, New York State registration number, and motor vehicle identification number thereof; and

If the Town Clerk shall find that the additional terminal(s) meets the requirements for a terminal under the provisions of this chapter, then he or she shall issue written authorization setting forth the additional terminals, and the date thereof; otherwise such application shall be denied.

Nontransferability. The tow car owner's license issued hereunder shall not be transferable.

Insurance and inspection of vehicles.

Inspection required. No license shall be issued or renewed under § 183-2 which shall permit the use of any tow car unless and until it has been inspected and certified by the Town Clerk or his or her representative as conforming to the requirements of this chapter.

It shall be a violation of this chapter for a tow car owner or applicant not to present the tow car(s) listed in the initial application or renewal application to the Town Clerk for inspection within 30 days of filing such application. Such violation shall be punishable by immediate decertification of the uninspected tow car, relinquishment of the tow car medallion, and fines pursuant to § 183-14 of this chapter.

The Town Clerk shall establish additional reasonable rules and regulations for the inspection and certification of tow cars operated upon the streets of the Town.

Insurance required. Before the issuance to any person of a license under this section, each applicant shall file with the Town Clerk proof of insurance for the tow car owner, terminal, and each tow car used therein, in the form of memoranda, covering the period of the term of said license, which insurance shall be maintained in force during the period covered by the license. The memoranda shall set forth the following information:

Insurance requirements. Proof of insurance covering the licensee and each vehicle as follows:

[1]

General liability insurance in the amount of $500,000 per person per accident, for personal injury and property damage.

[2]

Automobile liability insurance in the amount of $500,000 per person per accident, for personal injury and property damage.

Garage keeper's liability. Proof of insurance covering the licensee against garage keeper's legal liability in the minimum amount of $125,000, per incident, per terminal, with no aggregate and no sublimit per vehicle, for property damage to vehicles being towed by or in the care, custody and control of the licensee.

Notice of cancellation. Assurance that said insurance company shall provide the Town with 30 days' prior written notice of cancellation of any policy.

Agent information. Name, local address, and telephone number of the agent of the licensee's insurance company, which company must be duly recognized by the New York State Insurance Department and licensed to do business within the State of New York.

The vehicle identification number of each proposed tow car and the address of each terminal to be utilized by the applicant must be listed on the insurance forms provided to the Town Clerk. The vehicle registration recorded with the New York State Department of Motor Vehicles and proof of insurance for each tow car provided to the Town Clerk must both be in the name of the applicant or tow car owner and identify the address of the terminal from which the tow car will be garaged and dispatched.

Cancellation. If said insurance is suspended or cancelled for any reason whatsoever, the tow car owner's license and all tow cars registered and operated by the tow car owner shall be suspended until such time as a reinstatement of said policy or memorandum of an acceptable, current and valid policy is on file with the Town Clerk.

§ 183-3 Tow car driver application and license requirements.

Condition of tow cars. Every vehicle operated upon the streets of the Town as a tow car shall be registered and inspected in accord with the requirements of New York State Vehicle and Traffic Law §§ 301 and 401-B, kept fit, of good appearance and in a good safe condition for towing.

Violations. In the event any person is determined to have violated any of the aforementioned provisions by the Town Clerk, such person and any members, shareholders, officers, directors, partners, or principals thereof, if a partnership, unincorporated association, corporation, limited liability company, limited liability partnership, or other entity, shall be barred from reapplying for a license for two calendar years.

Tow car driver's license required. It shall be unlawful for any person to operate a tow car for hire in the Town as a tow car driver or in connection therewith, unless such tow car driver shall have first obtained a license from the Town Clerk, as hereinafter provided.

Application for tow car driver's license.

Application information. Every person making application to operate a tow car for hire on Town streets shall file a written, verified application for a license to drive, upon forms to be furnished by the Town Clerk setting forth the following information:

The name, address, and age of the applicant.

A full description of the applicant including his or her color, height, weight, color of eyes and hair, any scars or marks and the nature of any physical infirmity from which he or she may suffer.

Whether or not he or she is a citizen of the United States.

The names and addresses of the applicant's employers during the last two years prior to his or her application, if any, or if a full-time student then the name and address of such school and proof of attendance during the last two years.

All crimes of which the applicant has ever been arrested or convicted, stating the date and place of each such arrest and the name and location of the court in which and the date on which each such conviction was had and the penalty imposed therefor, including, if applicable, any certificates of relief from civil disability issued with respect to such conviction.

The number, class, and date of issuance of the applicant's New York State driver's license as required by the Vehicle and Traffic Law.

Any other relevant information which the Town Clerk may require.

Additional requirements. Every applicant for a tow car driver's license shall, at the time of submitting his or her application, also:

Submit two individual photographs of the applicant, taken within 30 days prior to the date of the application, 1 1/2 inches by 1 1/2 inches in size, and such pictures must be a true likeness of the applicant and must show only neck, shoulder and uncovered head.

Must be in possession of a CDL Class A, B, C, or D New York State driver's license with a tow car endorsement designated by the letter "W."

Be fingerprinted under the direction and supervision of the Town Clerk.

Provide a Department of Motor vehicles report on his or her current New York State driver's license.

Investigation of application and issuance of tow car driver's license.

Investigation. Upon receipt of any application, the Town Clerk shall refer the fingerprints of the applicant to the New York State Division of Criminal Justice Service in order to perform a criminal background records investigation and for such further investigations and reports as may be deemed necessary or advisable.

Issuance. The Town Clerk shall issue a tow car driver's license if he or she shall find that the applicant holds a valid CDL Class A, B, C, or D New York State driver's license with a tow car endorsement (W) and is a fit and proper person to drive a tow car, considering his or her experience and character; otherwise, such application shall be denied.

Expiration of driver's license. Every tow car driver's license issued under this section shall be effective as of the date of the granting thereof and shall expire on the 30th day of June next succeeding, unless sooner revoked by the Town Board, as hereinafter provided.

Nontransferability. The tow car driver's license issued hereunder shall not be transferable.

§ 183-4 Terminal requirements.

Ownership or lease. It shall be unlawful to be a tow car owner within the Town unless the tow car owner owns or leases, operates, and maintains a bona fide terminal in accordance with the provisions of this chapter. If pursuant to a written lease, the lease shall:

State the starting date, ending date, and duration of the lease agreement, which must be at least as long as the time period covered by the tow car owner's license;

State the address of the leased premises and the name and address of the landlord;

Be dated, executed, and notarized by both the landlord and tow car owner;

Be prepared in a formal type-written and legible form; and

§ 183-5 Hearings, suspensions, and revocations.

Be filed with the Town Clerk.

Signage requirements. The terminal shall be identified by a legible, conspicuously displayed sign which includes the name and telephone number of the tow car owner and be of a minimum size of two feet by two feet. Any sign required to be posted pursuant to this subdivision must comply with the applicable sections pertaining to signs as stated in the building zone ordinance of the municipality where the terminal is located.

No common or shared terminals. No tow car owner shall own, lease, license, or otherwise occupy a shared business premises or terminal, including but not limited to storage facilities and auxiliary storage facilities, with another tow car owner, person, or business. For the purposes of this chapter, each parcel of real property shall be deemed a single terminal from which only one tow car owner or person may operate a business. No terminal or parcel of real property shall be designated more than once or by more than one tow car owner as a terminal under this chapter. Even if more than one business, entity, certificate of assumed name or person uses any given parcel, structure, location or lot as its address, place of business, or terminal, only one tow car owner's license shall be issued and/or valid for any given parcel, structure, location or lot.

Hours of operations and sixty-minute release of vehicle. The terminal shall be regularly open to vehicle owners at a minimum from Monday through Friday, between the hours of 9:00 a.m. to 5:00 p.m., and must also be open on either Saturday or Sunday from 9:00 a.m. to 4:00 p.m. Regardless of the terminal's regular hours of operation, except in those instances where an unrestricted tow car operator removes a vehicle involved in an accident from the scene of an accident, the towed vehicle must be released to the vehicle owner within 60 minutes from the time the request is made by the vehicle owner to the tow car owner, tow car driver, or employee thereof, at no additional charge or fee to the vehicle owner, seven days per week and 24 hours per day.

Security. The premises of the terminal must be a secure place for safekeeping vehicles, shall contain a six-foot-high fenced containment area of not less than 2,500 square feet adequately secured with a self-locking gate, and vehicles shall at all times be stored within such terminal while the vehicle is in the custody of the tow car owner. Such terminal shall be the premises listed and approved on the tow car owner's license application filed with the Town Clerk. Such premises shall not be used by any other person, tow car owner, or tow car driver for any other purpose.

Onsite facilities. The terminal must contain an office with a telephone and a bathroom facility accessible to the public and employees, and must be staffed by an employee of the tow car owner. This terminal must have a valid certificate of occupancy from the applicable jurisdiction for such use.

Must transport vehicle to terminal. Unless otherwise directed in writing by the vehicle owner, the person in possession or control of said vehicle, or upon the direction of a duly appointed local, county, state, or federal law enforcement officer, no vehicle may be transported to any location other than such terminal. No vehicle shall thereafter be removed from said terminal without the written consent of the vehicle owner or person in possession or control of the vehicle, other than those vehicles deemed to be abandoned pursuant New York Vehicle and Traffic Law § 1224.

Knowledge and consent. Any vehicle stored upon a premises designated by a tow car owner as his or her terminal shall be presumed to be so stored with the full knowledge, permission and consent of said tow car owner.

Compliance. Notwithstanding anything set forth herein to the contrary, any licensed tow car owner existing and operating within the Town as of the effective date of this chapter shall have 12 months from the effective date hereof to comply with the requirements of this section. The failure of any tow car owner subject to the terms of this section to comply with the requirements of this section within 12 months of the effective date hereof shall constitute a violation of this section and, in addition to the penalties provided herein, result in (i) the revocation of the tow car owner's license to engage in tow car operations within the Town, and (ii) subject the tow car owner to a fine of up to $500 per day for each day the violation continues.

The provisions of this section shall not apply to a restricted tow car or licensee issued a restricted owner's license which is engaged exclusively in the towing of vehicles pursuant to a consensual contract with the vehicle owner, in accordance with 49 U.S.C. § 14501. Nothing herein shall be deemed to exempt such a restricted tow car or licensee issued a restricted owner's license which is exclusively engaged in the business of consensual towing from any other obligation or provision of the Code of the Town of Hempstead.

Appeal process.

Any applicant who shall have been denied a tow car owner or tow car driver's license under this chapter by the Town Clerk, or who shall have a tow car owner's license or tow car driver's license suspended or revoked, or who shall have been issued a license by the Town Clerk for fewer tow cars than the number for which application was made, may apply to the Review Board for a review of the action by the Town Clerk, as hereinafter provided:

The application to review the Town Clerk's determination shall be in writing, signed and verified by the applicant, and shall state his or her reasons for claiming that the Town Clerk's determination was erroneous.

The application for such review must be filed with the Town Clerk within 20 days of receipt by the applicant, either by mail or in person, of the denial by the Town Clerk.

Upon the filing of such application to review, the Review Board shall hold a hearing thereon pursuant to the provisions hereinafter set forth.

The Review Board shall, at the hearing, consider the application before the Town Clerk in relation to his or her determination and, in its discretion, may receive new or additional evidence in support of or in opposition to the determination under review.

The Review Board, after such hearing, may either affirm the determination of the Town Clerk or direct him or her to issue the appropriate license, under the provisions of this chapter.

Hearings.

Whenever it shall be provided herein that a hearing shall or may be held by the Review Board, such hearing shall be held on a date and at a place and hour designated by the Review Board.

The Town Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee, at least 10 days before such hearing.

At any hearings, the applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his or her own behalf as may be relevant to the subject matter of the hearing.

All witnesses shall be sworn and examined under oath.

The applicable burden of proof, standard of review, and rules of evidence at such a hearing shall be consistent with those utilized within Article 3 of the New State Administrative Procedure Act.

Suspension and revocation of licenses.

Any license issued hereunder may be suspended for a period of not more than three months or revoked by the Review Board if the holder thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any local law or ordinance of the Town or be convicted of the violation of any traffic law, ordinance or regulation of the State of New York or any municipality of the State of New York, or of any crime, or be guilty of making a false statement or misrepresentation in his or her application. Any license issued hereunder may be suspended by the Review Board if the holder thereof shall be indicted or charged upon any information which has been duly filed with the public authorities with or for the commission of any crime or offense until such time as the person licensed hereunder shall be either convicted or acquitted of such crime or offense. A license hereunder shall not be suspended or revoked by the Review Board without a hearing having been held thereupon not less than 20 days after written notice thereof shall have been given to the licensee, either in person or by registered mail.

The Town Clerk, upon receiving information giving him or her reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter, has been convicted of any violation referred to in this chapter, has been indicted or charged with or for any crime or offense or is guilty of having made a false statement or misrepresentation in his or her application, may forthwith temporarily suspend such license until such time as a hearing is held by the Review Board, and the Review Board shall have rendered its determination thereon.

At the conclusion of said hearing and as a result of the evidence adduced therein, the Review Board may, in its discretion, revoke said license or, in lieu thereof, suspend the license for a specified period of time and/or censure the licensee and/or impose a civil penalty not to exceed $5,000.

§ 183-6 Powers of Town Clerk.

Administration and enforcement. Subject to the prior review and approval of the Town Attorney, the Town Clerk shall have the power to prescribe reasonable rules and regulations for the proper and efficient administration and enforcement of this chapter.

Appointment of inspectors. The Town Clerk is hereby authorized to designate and appoint tow car inspectors as are deemed necessary or convenient to enforce the provisions of this chapter. Any designated and appointed tow car inspector, or employee of the Town qualified and empowered to enforce any statute, local law, ordinance, rule or regulation pursuant to Chapter 2 of the Code of the Town of Hempstead, shall be empowered to issue appearance tickets for offenses against this chapter. In addition to the tow car inspectors, the officers of the Nassau County Police Department shall have the power to enforce any provision of this chapter.

Villages. In the Town of Hempstead, the Board of Trustees of any incorporated village may, by resolution, provide that applications for licenses shall no longer be made to the Village Clerk, but to the Clerk of the Town of Hempstead, and if such resolution is approved by the Town Board, such resolution shall become effective from and after the beginning of the next following licensing period not less than six months after a certified copy of such resolution of the Village Board and of the resolution of approval of the Town Board shall have been transmitted to the Town Clerk.

§ 183-7 Fee schedule.

The nonrefundable fees for filing applications hereunder, which shall be paid to the Town Clerk at the time the application is filed, shall be:

Filing fee on original tow car owner application: $200.

Filing fee on application for additional tow car or terminal: $100.

Tow car driver's fee: $25.

Substitution of tow car: $25.

Replacement of lost medallion or vehicle card: $25.

Replacement of lost tow car driver's license: $10.

Fee for late filing of renewal application: $100.

The fees for restricted and unrestricted tow car(s) shall be:

Restricted tow car(s).

First tow car: $125.

Each additional tow car: $100.

Unrestricted tow car(s).

First tow car: $150.

Each additional tow car: $100.

Rotation system roster fees:

§ 183-9 Maximum towing, storage and labor charges.

Fee for each additional roster in each additional zone for each additional licensed unrestricted tow car: $500.

§ 183-8 Tow car requirements.

Each tow car operated hereunder shall have inscribed on the outside of each front door only the trade name and full complete terminal address and telephone number of the tow car owner, in letters not less than two inches in height, either painted on or otherwise securely affixed. The lettering must be of contrasting color and be readable from 50 feet away when the tow car is stationary. In addition, there shall be securely affixed to the left front door or immediately adjacent thereto a medallion issued by the Town Clerk, as provided herein. Notwithstanding, those persons, tow car owners, and tow car drivers engaged exclusively in the repossession of vehicles are exempt from this requirement.

Each tow car operated hereunder shall have a light transmittance of not less than 70% on the front windshield, side and rear windows. Only the upper most six inches of the front windshield may have a light transmittance level of less than 70%.

Each tow car operated hereunder shall have an emergency light bar, or light(s) of amber color, permanently affixed on top of the tow car roof and such light(s) must be visible for 360° to all approaching traffic from no less than a distance of 500 feet.

A tow car owner shall have legibly inscribed on each side of the tow car in letters and numerals not less than 1/2 inch in height the lawful towing rates he or she has filed with the Town Clerk.

Heavy duty towing. Notwithstanding any provision of this chapter to the contrary, no tow car shall engage in heavy duty towing unless it shall comprise at least three live axles, none of which shall be lift axles. Heavy duty towing shall be considered towing of any vehicle or trailer which has a gross weight of over 10,000 pounds. Nothing herein shall be construed to supersede any controlling law to the contrary. The Town Clerk may make such notation on any license or take such other act deemed necessary to ensure compliance with this requirement.

[Added 9-8-2020 by L.L. No. 38-2020, effective 10-15-2020]

Filing of maximum towing charges. The tow car owner shall prepare a typewritten schedule, in triplicate of maximum prices to be charged for towing and storing disabled vehicles from the scene of an accident and/or the removal of a vehicle from a private parking lot, and one copy of said schedule shall be filed with the Town Clerk.

Towing charges. The charge for towing shall be based solely upon the distance disabled vehicles are to be towed and not estimated or based upon the availability of tow cars. Towing charges shown on the schedule shall not exceed the following maximum charges:

First mile or part thereof: $175.

Each additional mile or part thereof: $5.

Storage charges. Outside storage charges shall be at the rate of not more than $25 per day. Inside storage rates may be determined by agreement of the parties. All vehicles must be stored on the premises of the tow car owner's terminal, whether indoors or outdoors, and shall not be permitted on Town streets or Town parking fields.

These towing and storage charges shall apply to all disabled vehicles except buses, tractors, trailers and trucks as defined pursuant to §§ 104, 151-a, 156, and 158 of the Vehicle and Traffic Law of the State of New York.

Labor charges. The charges for additional labor shall not exceed the following maximum charges:

For the use of special skills to right an overturned vehicle or winch a vehicle from off-roadway: a fee of $45 per half-hour not to exceed a maximum charge of $90.

For the recovery and extraction of a disabled vehicle from extreme conditions, including removal from water, wooded areas where the vehicle is located more than 50 feet from the pavement edge of the highway or local road into the wooded area, from atop roadway dividers or any other similar condition requiring special skills, manpower, or additional equipment: a fee of $45 per half-hour.

All extra charges must be shown on the authorization of towing form before a signature is obtained. A copy showing such extra charges must be given to the vehicle owner or person in charge of the vehicle before the vehicle is towed from the scene.

Fuel surcharge.

Notwithstanding anything herein to the contrary, in the event that the Town Clerk determines that there has occurred an extraordinary increase in fuel costs which renders it such that the licensees cannot realize a reasonable profit from their services, then the Town Clerk, with the approval of the Town Attorney, may grant to the licensee(s) the right to impose a fuel surcharge as part of the towing-related charges. The determination as to whether there has occurred an extraordinary increase in fuel costs and the amount of the surcharge shall be exclusively within the jurisdiction of the Town Clerk and the Town Attorney, whose determination shall be final.

Application for additional fees.

Notwithstanding anything herein to the contrary, in any instance involving a nonconsensual tow where a tow car operator is prevented from or unable to tow a vehicle from the scene of an accident within three hours of arrival at the scene due to an on-going police accident investigation or the tow car operator is required to employ specialized equipment not typically owned by a tow car owner or utilized to tow a disabled vehicle, and the maximum towing rates are inadequate to fairly and reasonably compensate the tow car owner for the tow, the tow car owner may make application to the Town Clerk for additional towing charges in excess of those permitted by this chapter. The Town Clerk shall promulgate forms for the submission of any application for additional fees which the tow car owner shall complete and deliver to the Town Clerk. All applications for additional towing charges shall include, at a minimum, the following:

A written description of the towing services provided and the equipment utilized.

A record of the time spent in connection with the tow service reflecting the time the tow car operator arrived at the scene of an accident and the time the tow car operator departed the location with the vehicle in tow. The time record submitted by the Town Care operator shall be signed by the law enforcement official on site and in-charge of the scene of the accident, verifying the times.

A written invoice or similar documentation establishing the cost incurred by the tow car owner to obtain or rent the specialized equipment utilized in the tow.

The name and license number of the tow car operator.

The date on which the tow was performed.

The identity of the agency which requested the tow service.

The location of the accident.

(h)

The name and address of the terminal to which the vehicle was towed.

(i)

The name and address of the vehicle owner and the name and address of the operator of the vehicle, if different.

(j)

The proposed amount of the additional fees requested based upon (a) the actual time spent at the scene of an accident which fee shall be calculated at the rate of $45 per additional one-half hour, and (b) the actual cost incurred by the tow car owner to obtain or rent the specialized equipment utilized in the tow.

Upon receipt of an application for additional fees, the Town Clerk shall review the application and determine whether the services rendered required to the tow car operator to utilize specialized equipment not typically owned by a tow car owner in order to conduct the tow, or required the tow car operator to be present at the scene of an accident in excess of three hours as a result of an ongoing police accident investigation. If the Town Clerk determines that the additional time and expenses which the tow car owner alleges were incurred to obtain specialized equipment to perform the tow, and that such time and expenses are reasonable and were necessarily incurred in order to permit the tow car operator to tow the disabled vehicle, the Town Clerk, with the approval of the Town Attorney, may authorize the tow car owner to charge an additional fee based upon (a) a labor rate of $45 per each additional one-half hour in excess of three hours, and (b) the actual cost incurred by the tow car owner to obtain or rent the specialized equipment utilized in the tow.

§ 183-10 Towing records and authorizations.

In the event that the Town Clerk denies the application for additional fees, the tow car owner may, within 20 days of the denial, request in writing that the Tow Advisory Committee review the Town Clerk's determination. Upon receipt of such request, the Tow Advisory Committee shall meet, at its next regularly scheduled meeting, to consider the appeal. If the Tow Advisory Committee, by majority vote of its members, concludes that the Town Clerk has failed to grant the application for additional fees in accordance with the standards of this section, it shall refer the matter back to the Town Clerk and the Town Attorney for reconsideration. Notwithstanding anything herein to the contrary, including the recommendation of the Tow Advisory Committee, the decision of the Town Clerk and Town Attorney to deny or to allow additional fees shall be final.

Consensual towing. The provisions of this section shall not apply to a licensee who enters into a consensual contract with a person, in accordance with 49 U.S.C. § 14501, for the towing of a vehicle other than relating to the removal of a vehicle from the scene of an accident or a private parking lot.

Towing record book.

Every licensed tow car owner shall maintain a bound record book of all calls for service at the scene of an accident. Entries in this book shall be made in ink at the time the call is received and prior to responding to the call and shall specify:

Name of person making the call.

Time of the call.

Location of accident.

Name of person receiving the call.

The record book shall be retained for one year after the last entry and shall be exhibited upon demand to the vehicle owner or to an official of the Town or any member of the Nassau County Police Department or other police department.

Agreements for estimates and repairs.

No fee shall be charged either directly or indirectly for making an estimate for repairs on any vehicle involved in an accident or otherwise disabled without the prior written consent of the vehicle owner.

It shall be unlawful for any licensee or other person to make repairs or to charge a fee, directly or indirectly, for making an estimate for repairs on any vehicle involved in an accident or otherwise disabled without entering into a signed agreement with the vehicle owner or other person in charge of said disabled vehicle, fixing the cost on a form prescribed herein.

It shall be unlawful for any licensee or other person to enter into an agreement for the repair or for the estimate for repairs where the vehicle owner or person in charge of the vehicle involved in an accident is to be hospitalized because of such accident unless the injured person has been discharged from the hospital or said agreement is executed by his or her legally authorized representative.

The agreement form for repairs required hereunder must be in substantially the following form:

AGREEMENT FOR REPAIRS

It is hereby agreed between _______________________ (Insert name and address of vehicle owner or person in charge of disabled vehicle authorized to enter agreement) and __________ (Insert name, address, telephone number and license number of tow car owner and name, address, telephone number of repairer) that __________ (vehicle owner or person in charge) agrees to pay the sum of $ _____ to __________ (repairer) who in consideration thereof agrees to repair a __________ (year, make and type of automobile), New York State registration number _____, which was involved in an accident or otherwise disabled and removed by a tow car.

Dated at _________________ this _____ day of __________, 20_____.

Licensee ____________________

Vehicle owner or person in charge (check appropriate one):

Towing authorizations. Except as herein otherwise provided, no vehicle involved in an accident or otherwise disabled shall be towed without an authorization on a form prescribed by the Town Clerk signed by the vehicle owner or other person in charge thereof. If no such person is present, conscious or capable, or if obtaining said signature would otherwise engender physical harm to a person, said vehicle shall be removed at the direction of the police officer at the scene. In the event that a police officer is unable or disinclined to direct the removal of the vehicle, the licensee shall tow the vehicle to its terminal and contemporaneously record on the towing authorization form, at the time of the tow, the reason for failing to obtain the requisite signature. In all such instances, the tow car owner, or his or her designee, shall present the vehicle owner, or other person in charge thereof, upon their arrival at the terminal, the unsigned towing authorization form for signature. All charges for towing, labor, and storage must be listed on authorization forms accepted and signed for by the vehicle owner or person in charge of the disabled vehicle before it can be towed from its point of origin.

Towing authorization shall be for the towing, labor, and storage of the vehicle only and shall show the rates to be charged for the towing, labor, and storage of said vehicle. It is expressly prohibited to demand a charge for any service not specified herein to the extent that such charge is related in any manner whatsoever to a vehicle removed from the scene of an accident pursuant to the Town rotation system under § 183-13, except that nothing herein shall be construed to regulate fees for making an estimate for repairs, or such other charges related to said vehicle, upon prior written consent of the vehicle owner, as set forth herein.

Signed towing authorization forms shall be retained for a period of six months and shall be exhibited upon demand to the vehicle owner or to an official of the Town or any member of the Nassau County Police Department or other police department.

Failure to comply with the provisions of this section shall constitute an offense within the meaning of the Penal Law of the State of New York.

It shall be unlawful for any licensee, or any other person, to remove a vehicle involved in an accident or otherwise disabled without an authorization signed by the vehicle owner or other person in charge on a form prescribed herein.

The towing authorization required hereunder must be, substantially, in the following form:

TOWING AUTHORIZATION

(Insert name, address, and phone number of tow car owner and terminal)

Date ____________________

Name

Address

Make and type of car

Year __________

State registration number _________________

Towed from _______________ to _______________.

Number of miles towed: __________.

Towing charges: _____ (amount shown on filed schedule, not to exceed $125 for first mile or part thereof and $5 for each additional mile or part thereof)

Storage charges: _____ (amount shown on filed schedule, not to exceed $25 per day.)

Labor charges: (a) Right overturned vehicle or winch off-roadway: $__________(amount shown on filed schedule, not to exceed $45 per half-hour not to exceed a maximum charge of $90)

(b) Recovery and extraction of a disabled vehicle from extreme conditions (i.e., removal from water, off-road more than 50 feet from pavement into wooded area, atop roadway dividers): $__________ (amount shown on filed schedule, not to exceed $45 per half-hour).

Method of payment (circle one): Cash/Visa/MasterCard/Discover/American Express

Tow car driver's name:

Tow car owner:

Terminal address:

Tow car driver's license number: ______________

Tow car's medallion number: ______________

State registration number: ______________

I authorize the towing of the above automobile:

(Signature of vehicle owner or person in charge)

Bill for towing.

The tow car owner shall have prepared a pad of bills containing a printed billhead showing the name, address, and telephone number of his or her terminal. The tow car owner or tow car driver shall prepare a bill on this billhead form, in duplicate, the original of which shall be furnished to the vehicle owner of the disabled vehicle or his or her authorized representative. This bill must be printed in a form approved by the Town Clerk and shall contain the following information:

Full name and address of person engaging the tow car.

State registration number of the disabled vehicle.

Total amount to be charged for towing, labor, and storage rate per 24 hours or part thereof.

Full name and address of the tow car owner.

State registration number of the tow car.

Tow car license number.

List acceptable methods of payment as Cash, Visa, MasterCard, Discover, and American Express.

The duplicate of the bill shall be retained by the tow car owner for a period of six months. These bills shall be exhibited upon demand of any official of the Town or any member of the Nassau County Police Department. Upon payment of the bill given to the vehicle owner of the disabled vehicle or his or her authorized representative, the tow car owner or tow car driver shall acknowledge receipt of payment of such bill.

It shall be unlawful and an offense under this chapter not to maintain in the tow car at all times, and immediately present for inspection to the Town Clerk upon demand, such blank preprinted bills and any other form detailed in § 183-10 of this chapter.

The Town Clerk shall promulgate a towing authorization and bill for towing form analogous to the provision of § 183-10C and D to be signed by the vehicle owner or other person in charge thereof and the restricted tow car or licensee issued a restricted owner's license which is engaged exclusively in the towing of vehicles pursuant to a consensual contract with the vehicle owner, in accordance with 49 U.S.C. § 14501.

§ 183-11 General provisions.

Tow car driver regulations.

A licensed tow car driver shall:

Have his or her identification card and operator's/chauffeur's license in his or her possession at all times while engaged in his occupation as a tow car driver.

Not permit any other person to use his or her identification card.

Not be engaged on an unlicensed tow car or on a tow car the license for which has been suspended or revoked.

Promptly report the loss of his or her identification card to the Town Clerk.

Report change of address to the Town Clerk within 48 hours.

Have with him or her at all times properly authorized forms for towing and repair, such forms to be printed and maintained by tow car owners.

Refrain from the use of drugs or intoxicating liquors.

Each tow car driver at the scene of an accident shall:

Exhibit his or her identification card to the vehicle owner or person in charge thereof or to any Town officer or any member of the Nassau County Police Department.

Not remove any vehicle from the scene of an accident until proper authorization has been signed by the vehicle owner or person in charge thereof.

Not remove any vehicle involved in an accident in which a person has been injured until released by a duly authorized member of the Nassau County Police Department.

Assist the police officer(s) in clearing vehicles and debris, including gasoline and motor oil, from the public highway.

§ 183-12 Removal from private parking lot.

Every tow car driver shall obey all traffic laws, ordinances, local laws, rules and regulations while operating a tow car and upon receipt of a summons or his or her arrest for any alleged violation of any such ordinance, local law, rule, regulation or for any ordinance shall report the same within three days to the Town Clerk advising him or her of the nature of the offense charged and the name and the location of the court and the date upon which said summons is returnable or the date on which the hearing or such trial is to be held.

No solicitation. It shall be unlawful for any person to drive along any street or bridge in the Town and solicit towing work. Solicitation of towing work by the tow car owner, tow car driver, or any other occupant of a tow car while parked on any street or bridge is also unlawful. It shall also be unlawful for any person to solicit towing, repair, bodywork or any other service at the scene of an accident. Responding to a call merely upon notification from gas station attendants, taxicab drivers or other unauthorized persons shall be considered a violation of this provision. It shall be unlawful for any person to give or offer to give any payment, fee, reward or other thing of value, directly or indirectly, for obtaining information concerning a disabled vehicle which may require towing service to solicit the towing or repair of such vehicle, and it shall be unlawful to have printed any card or other notice offering to give a payment, fee, reward or other thing of value for such information.

No refusal of service. It shall be unlawful for any tow car owner selected from the rotation system to refuse to render such services if the vehicle owner or other person in charge thereof is able and willing to pay the fee prescribed in the schedule of prices established by the Town and concurrently filed by the tow car owner of such licensed tow car with the Town Clerk; provided, however, that it is physically possible for such tow car to tow such vehicle and/or such tow car is not already going to or returning from a job.

Communications. Licensees, when required, will promptly answer all communications received from the Town Clerk.

Surrender of license. It shall be unlawful for any licensee to refuse to surrender their license(s) to the Town Clerk, upon demand, after such license(s) has been suspended, revoked or expired.

No overcharging. It shall be unlawful for any person to charge or collect a fee in excess of the maximum permissible rates established by this chapter.

Sale of tow car. Every tow car owner, upon the sale or other disposition of a licensed tow car, shall within 24 hours notify the Town Clerk of such sale or other disposition and surrender the license(s).

Forms of payment. Any tow car owner, tow car driver, or employee or agent thereof shall accept payment in person for all towing fees, storage fees, labor fees, or any other fees charged under this chapter by cash and any major credit card at no additional charge or fee to the vehicle owner. For this purpose, "major credit card" shall mean MasterCard, Visa, Discover, or American Express.

Removal. Notwithstanding any other provision of this chapter, where a licensee removes a vehicle because it is parked in a private parking lot in a manner inconsistent with posted instructions, and such removal is pursuant to a contract between the private parking lot owner and the tow car owner for the removal of any such improperly parked vehicles, such tow car owner may collect the following fee from the vehicle owner or other person in control of such vehicle, payable before the vehicle is released: up to but no more than $125 for the removal and the first three days of storage, up to but not more than $25 per day for storage thereafter; except that no charge may be collected for removal or storage of a vehicle pursuant to this section by a person who is not licensed to engage in towing pursuant to this chapter.

Signage requirements. No private parking lot owner, or authorized agent or operator thereof, shall tow or cause to be towed from a private parking lot any vehicle unless such person shall conspicuously post and maintain upon such private parking lot a sign or signs with the following requirements:

The words "Warning" and "Private Parking Lot" and "vehicles Subject To Tow" shall be printed on the sign in red capital block letters at least four inches high and underlined;

The words "Parking for (name of private parking lot owner or tenant) only" shall be printed on the sign in black capital block letters at least two inches high;

The words "Unauthorized Vehicles Will Be Towed At Owner's Expense" shall be printed on the sign in red capital block letters at least two inches high;

The applicable towing and storage rates of the tow car owner shall be printed on the sign in red letters at least two inches high;

The conditions under which vehicles are subject to towing (i.e., the hours vehicles are prohibited from parking and subject to towing) shall be printed on the sign in black capital block letters at least two inches high;

The name, address, and telephone number of the tow car owner and terminal that is authorized to tow vehicles from the property, indicating that "The vehicle can be redeemed 24 hours per day at no additional charge within 60 minutes of calling [insert tow car owner or his designee's telephone number]" shall be printed on the sign in black capital block letters at least two inches high.

The telephone number posted on the sign shall be the telephone number that a person can call to request the release of the towed vehicle within 60 minutes from the time the request is made at no additional charge or fee. The release of the towed vehicle shall comply with the sixty-minute time limit, seven days per week and 24 hours per day. The telephone number shall be within one of the telephone or cellular numbers assigned to telephones with the County;

(8)

The Town Clerk's complaint number shall be printed on the sign in black letters not less than 3/4 inch high;

(9)

The background color for the signs specified herein shall be fluorescent yellow, and the color of the text for such signs shall be sharply distinct from the solid fluorescent yellow background of such sign. The text and the background color shall be treated with a luminescent coating which shall make such text and such signs clearly visible 24 hours a day. It shall be the dual responsibility of the tow car owner and the private parking lot owner to maintain the fluorescent yellow coloring, red and/or black letters, and luminescent coating of said signs to ensure the continued clear visibility of the signs and the clear readable information thereon at all times, including but not limited to replacing, repainting, or repairing signs every 12 months or as directed by the Town;

(10)

The signs containing the information specified in Subsection B shall be placed in the following locations: at each entry and exit for vehicles, positioned so that the information contained on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such private parking lot; and at the outside perimeter of such private parking lot and spaced so that the signs are posted not more that 75 feet apart. The top of such sign shall be not more than eight feet nor less than six feet above the ground. Such sign shall be faced so that the required information is clearly and conspicuously visible to a person from the private parking lot where vehicles are parked.

(11)

Any signs required to be installed pursuant to this subsection must comply with the applicable sections pertaining to signs as stated in the Building Zone Ordinance of the Town of Hempstead.

Written agreement. The private parking lot owner or his or her authorized agent shall file with the Town Clerk and the local precinct of the Nassau County Police Department having jurisdiction a copy of a written agreement authorizing one or more tow car owners to tow unauthorized parked vehicles located on the premises. The agreement shall be for a term of one year. The agreement shall set forth:

Explicit authorization to tow or remove unauthorized vehicles;

The rate to be charged vehicle owners or other persons in control of such vehicles;

The terminal location, which must be within the County pursuant to § 183-2, where vehicles will be towed or removed and stored, and where they may be redeemed;

Copies of all licenses, certificates and permits issued by the Town;

Specific name, title, address, and telephone number of any authorized agents of the private parking lot owner;

The hours during which the vehicle owner or other persons in control of such vehicles towed from such property may redeem the towed vehicles, provided that such hours shall include all times during which vehicles may be towed from such property and at least 60 minutes after the latest time that vehicles are subject to towing from such property each day.

Acknowledgement by the tow car owner and private parking lot owner of the requirement that such towed vehicles must be available to be redeemed 24 hours a day at the tow car owner's terminal at no additional charge or fee to the vehicle owner within 60 minutes of the vehicle owner's request.

(8)

Explicit acknowledgement by the tow car owner and private parking lot owner, signed and notarized by both parties, that both parties are fully aware of the express provisions, responsibilities, violations, and penalties applicable to themselves, their employees, their authorized agents, in regard to the removal of vehicles from a private parking lot under this chapter.

Tow authorization and trip record. The seizure or tow removal of an improperly or unauthorized parked vehicle is only authorized when the private parking lot owner, or his/her authorized agent, as defined in § 183-1A, specified in the current filed contract agreement, is actually present in said private parking lot and requests in writing on a prescribed form that a particular vehicle be seized and towed by the licensee. The authorized agent cannot be the licensee or an employee thereof, unless the licensee is the actual private parking lot owner. The form of such authorization must be as follows:

TOW CAR OWNER NAME, ADDRESS, AND TELEPHONE NUMBER

TOWN OF HEMPSTEAD TOW AUTHORIZATION AND TRIP RECORD

FOR MOTOR VEHICLES REMOVED FROM A PRIVATE PARKING LOT

DATE OF REPORT:____________. DATE OF REMOVAL: ____________.

TIME OF FIRST OBSERVANCE OF IMPROPERLY OR UNAUTHORIZED PARKED VEHICLE BY AGENT AUTHORIZED TO REQUEST REMOVAL: __________AM/PM (MUST BE AT LEAST 15 MINUTES AFTER TIME NOTED ABOVE)

TIME OF REMOVAL: _____ AM/PM

LOCATION OF REMOVAL (FULL ADDRESS):

TERMINAL ADDRESS:

AUTHORIZED AGENT AT SCENE AUTHORIZING REMOVAL:

______________________ ______________________

NAME (PRINT) ORIGINAL SIGNATURE

TIME OF AUTHORIZATION: __________ AM/PM

REMOVAL PURSUANT TO FILED CONTRACT BETWEEN:

__________________________ AND __________________________

PROPERTY OWNER TOW CAR OWNER

PERSON EXECUTING REMOVAL (TOW CAR OWNER OR TOW CAR DRIVER)

NAME:

T.O.H. LICENSE NUMBER: __________. TOW CAR MEDALLION NUMBER: __________

BUSINESS ADDRESS:

VEHICLE INFORMATION:

PLATE NUMBER: __________. REG. YEAR: __________. VEHICLE YEAR: __________.

MAKE: __________ MODEL: __________. BODY TYPE: __________.

COLOR: __________. VIN NUMBER: __________.

REGISTERED VEHICLE OWNER: NAME:

ADDRESS:

POLICE PRECINCT INFORMATION:

NAME OF PERSON RECEIVING REPORT:

PCT.#__________ DATE: __________ TIME: __________AM

NAME AND SIGNATURE OF OWNER OF THE PRIVATE PARKING LOT, OR HIS/HER AGENT SPECIFIED IN THE CURRENT FILED CONTRACT AGREEMENT WHO IS ACTUALLY PRESENT IN SAID PRIVATE PARKING LOT AND REQUESTING SEIZURE OR REMOVAL:

______________________ ______________________

NAME SIGNATURE

Disconnection upon request. If the vehicle owner or other person lawfully in possession of the keys to the vehicle arrives at the scene of the tow prior to the removal of the vehicle, and the vehicle is connected to any apparatus for removal, then upon request and upon payment of a service fee described herein, the vehicle shall be disconnected from such apparatus, and such vehicle owner or other person lawfully in possession of the keys to the vehicle shall be allowed to remove the vehicle from the premises without interference. The service fee shall not be more than 40% of the charge allowed for removal pursuant to the written agreement on file with the police precinct, for which a receipt shall be given by the licensee. Each licensee shall carry a legible copy of this section of this chapter, with this subsection highlighted, and shall show it to a vehicle owner or other person lawfully in possession of the keys to the vehicle who arrives at the scene of the tow prior to the removal of a vehicle.

Occupied vehicles. It shall be unlawful to remove a vehicle if it is occupied by a person or if removal would cause physical harm to a person.

Removal to terminal. Notwithstanding any other provision of law, unless otherwise directed by an official duly engaged in law enforcement, a vehicle which is removed shall be taken directly to the tow car owner's terminal for storage maintained by the person licensed to engage in towing pursuant to this chapter who has removed such vehicle and which is within Town limits and no more than five miles from the point of removal. Such terminal must comply with the requirements of § 183-4 of this chapter.

Police notification. Any licensee who removes a vehicle pursuant to this section shall remove the vehicle directly to its terminal and shall, within one hour of the vehicle's removal, notify in writing and via facsimile the local police precinct having jurisdiction over the area from which the vehicle was removed, for the purpose of reporting the location of the towed vehicle, the time and date the vehicle was removed, the location from which the vehicle was removed, the name of the person who authorized the removal, the fact that the removal was pursuant to a contract with the owner of the private parking lot, and shall obtain the name of the person at such police precinct to whom such information was reported and note such name on a trip record and removal receipt. In addition to the foregoing information and in order to facilitate the local police precinct's identification of the vehicle, the licensee shall transmit via facsimile together with the notification a photograph of the vehicle's license plate and vehicle identification number. Such writing and facsimile shall be kept on file by the licensee for a period of at least six months and a copy thereof made available to the vehicle owner upon request.

Such removal receipt must comply with the following form:

2 Copies:	TOW CAR OWNER NAME
1 For tow car owner	TERMINAL ADDRESS
1 For vehicle owner	TELEPHONE NUMBER
PRIVATE PARKING LOT TOW REMOVAL RECEIPT
DATE OF REMOVAL: ________________
TIME OF FIRST OBSERVANCE OF IMPROPERLY OR UNAUTHORIZED PARKED VEHICLE BY AGENT AUTHORIZED TO REQUEST REMOVAL: __________AM/PM
TIME OF REMOVAL: __________AM/PM (MUST BE AT LEAST 15 MINUTES AFTER TIME NOTED ABOVE)
VEHICLE INFORMATION:
License Plate #: _________. State: _________. Year: _______. Make: __________.
Model: ______________. VIN #: ______________
TOWED FROM: (Insert Complete Name and Address of Private Parking Lot)

TERMINAL ADDRESS TOWED TO:
MILEAGE TOWED:__________
TOWN OF HEMPSTEAD RATES (ALL CHARGES MUST BE ITEMIZED)
REMOVAL	$125 (INCLUDES 1ST 3 DAYS STORAGE & MILEAGE)
STORAGE	$25 PER DAY THEREAFTER
DROP FEE	40% OF REMOVAL CHARGE(S) WHEN VEHICLE OPERATOR OR OWNER ARRIVES PRIOR TO REMOVAL FROM SCENE
	SUB TOTAL
	SALES TAX
	TOTAL
TOW CAR DRIVER: ________________ T.O.H. LIC. #_______ (Full Name)
PAYMENT RECEIVED BY: _____________ DATE: _______ (Signature)
METHOD OF PAYMENT (Circle One): CASH/VISA/MASTERCARD/DISCOVER/American Express
I ACKNOWLEDGE THAT NO RELEASE OR WAIVER OF ANY KIND, WHICH WOULD RELEASE THE TOW CAR DRIVER OR TOW CAR OWNER FROM LIABILITY FOR DAMAGES MAY BE REQUIRED AS A CONDITION OF RELEASE OF THE ABOVE DESCRIBED VEHICLE.
SIGNATURE OF OWNER OR PERSON IN CHARGE OF SAID VEHICLE		DATE
TOW CAR DRIVER OR OWNER AND VEHICLE REDEEMER MUST SIGN BOTH RECEIPTS

No release or waiver. No release or waiver of any kind which would release the licensee removing the vehicle from liability for damages may be required from any such vehicle owner or other person as a condition of release of the vehicle to such person. A detailed, signed receipt showing the legal name of the tow car driver and tow car owner removing the vehicle must be given to the person paying the removal and storage charges at the time of payment. Cash and the following major credit cards shall be accepted for payment at no additional charge or fee to the vehicle owner: Visa, MasterCard, Discover, and American Express.

When an owner of a private parking lot, his or her authorized agent as designated in the contract with the tow car owner, or a licensee causes a vehicle to be removed in violation of this section, there shall be no charge to the vehicle owner or other person in charge of the vehicle to be removed for the cost of removal and storage.

No person may, under authority of this section, cause the removal of any ambulance, police vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicles, or ordinance disposal vehicle of the armed forces of the United States.

Notwithstanding any provision of this chapter to the contrary, no licensee shall tow away or remove from the premises a vehicle illegally parked in a private parking lot unless and until not less than 15 minutes have elapsed from the time that the owner of the private parking lot, or his/her authorized agent specified in the current filed contract agreement, being actually present in said private parking lot, personally observes that the vehicle is in an illegally parked condition thereon. Failure of the licensee to comply with, or ensure the owner/agent's compliance with, this time requirement shall be grounds for the Town Clerk to suspend the licensee's license for a period not to exceed 60 days. This provision shall not apply to any illegally parked vehicle which is causing an immediate safety hazard.

Booting of motor vehicles prohibited. It is hereby found and declared that the practice of booting vehicles parked in private parking lots accessible to the public poses a danger to the safety and welfare of the public because such practice may prevent the removal of vehicles, even when such removal is necessitated by an emergency. Booting may also cause dangerous confrontations between vehicle owners and the person booting their cars. Owners of private parking lots wishing to maintain parking for rule abiding customers or residents are primarily interested in keeping spaces available to legitimate users; no service is performed, therefore, by immobilizing vehicles and preventing legitimate use of the space occupied. Private persons should therefore be prohibited from engaging in the practice of booting. No person may boot or authorize the booting of a vehicle in a private parking lot.

It shall be illegal for an owner of a private parking lot to authorize or direct the removal of a vehicle in a manner inconsistent with this chapter.

§ 183-13 Rotation system.

Towing from the scene of an accident within the Town shall be done on a rotation system as set forth herein under the supervision of the Town Clerk acting in cooperation with the Nassau County Police Department.

Zones established.

There are hereby established six towing zones within the Town:

Zone 1: comprising the First Precinct of the Nassau County Police Department.

Zone 2: comprising that part of the Second Precinct of the Nassau County Police Department located within the Town.

Zone 3: comprising that part of the Third Precinct, South Subdivision of the Nassau County Police Department located within the Town.

Zone 4: comprising that part of the Fourth Precinct of the Nassau County Police Department located within the Town.

Zone 5: comprising that part of the Fifth Precinct of the Nassau County Police Department located within the Town.

Zone 7: comprising that part of the Seventh Precinct of the Nassau County Police Department located within the Town.

The Town Clerk is authorized to further divide any zone into two zones if he/she deems such division beneficial for carrying out the purpose of the rotation system. The number of zones, and geographical location of such zones in relation to the Town, are subject to change and revision based upon the organization and reorganization of the precincts by the Nassau County Police Department.

Each zone shall have separate rosters established by the Town Clerk for accident towing and heavy-duty towing. For each licensed tow car owner there shall be a maximum of two rosters, in either one or two zones combined which must be adjacent to each other geographically, that the tow car owner can be included in. A licensed tow car owner shall have a minimum of one flatbed tow car assigned per two rosters.

Each licensed unrestricted tow car owner shall be entitled to be listed on one roster for the zone in which their terminal is located for no additional charge. A fee of $500 will be charged for each additional roster in each additional zone for each licensed tow car zone a tow car owner wishes to be included.

The precinct commanders of the individual precincts of the Nassau County Police Department shall each maintain the accident and heavy-duty vehicle rosters for his/her respective zone, and if the Town Clerk divides any of the precincts into two zones pursuant to this section, the commander of that precinct shall maintain such rosters for both zones. The precinct commanders shall require that a copy of the rosters be on file at the communications desk at each respective precinct.

When an accident occurs in the Town requiring the service of a tow car, it shall be reported to the respective precinct of the Nassau County Police Department. The Nassau County Police Department is hereby authorized to direct by a landline telephone a licensed tow car owner to the scene of an accident. Notification to so proceed shall be in rotation from the roster of licensed tow car owners for that zone and no substitution of tow car owners is permitted. The Nassau County Police Department shall notify the vehicle owner or his or her authorized representative of the name, address and phone number of the tow car owner who towed the vehicle.

Where two or more vehicles at the scene of an accident require towing by the same type of tow car, the tow car owner notified to proceed pursuant to this section shall be allowed to tow as many of such vehicles as it advises the police it may supply tow cars for in a timely manner. The police shall advise the tow car owner during the notification how many vehicles are required to be towed. If the licensed tow car owner or tow car driver, upon being given its notification to proceed, advises the police that it cannot handle all the vehicles involved, then the police shall call the next available tow car owner(s) from the rotation list to tow the vehicle(s) which the first tow car owner cannot handle. A tow car owner may respond to the scene of an accident only with its own tow cars, and no substitutions are permitted.

If a call is made with diligence (a minimum of six rings) from the Nassau County Police Department precinct to a tow car owner and he/she does not answer or is unable to proceed to the scene, such tow car owner shall be skipped and the next authorized tow car owner on the roster shall be called and notified to proceed to the scene of an accident. If the phone of the tow car owner is busy when the Nassau County Police Department attempts the call, the Police Department shall make two more consecutive attempts to call such tow car owner before skipping them. Such attempts shall be noted on the log sheet. All tow car owners shall have a live person answer all phone calls or utilize an answering service with a live phone operator only.

An authorized tow car owner shall arrive to the scene of the tow within 30 minutes after notification to proceed. If the tow car owner shall fail to arrive within 30 minutes after notification to proceed, or has arrived with equipment not adequate to perform the requested services, he/she shall lose his/her turn on the rotation roster, and shall not be entitled to receive any compensation for responding.

The Nassau County Police Department police communications desk for each zone shall each keep a ledger for each roster in which shall be recorded each call requiring tow car service and the name of the authorized tow car owner notified to proceed to the accident. There shall also be entered in the ledger each call made to an authorized tow car owner, the time of the call and a notation as to whether the call was properly responded to by said tow car owner only. The ledger sheets will be provided to the Nassau County Police Department by the Town Clerk. The police shall quarterly or on demand provide copies of the ledger to the Town Clerk or his authorized representative.

Any licensed tow car owner on a respective roster who shall fail to answer or arrive to the scene of an accident in a timely manner or fails to respond after notification on three occasions in a quarter shall be removed from the respective roster for the balance of that quarter by the Nassau County Police Department, and for the subsequent quarter, and said Department shall thereafter inform the Town Clerk, in writing, of such removal. If a tow car owner is unable to respond to a scene due to illness, vacation, or mechanical breakdown, etc., he or she shall notify the Town Clerk and the Nassau County Police Department precinct(s) in which he or she is on a tow list, in writing by certified mail, return receipt requested. Such notice shall include the dates he or she will be unable to answer calls, and must be sent at least two weeks before the unavailability, unless exigent circumstances prevent it. Missing a call during such period of excused unavailability will not count against the tow car owner.

The Town Clerk shall create a roster for each zone by random lot at the beginning of each licensing year. The Town Clerk is also permitted to create new rosters by random lot for each quarter (i.e., April 1, July 1, and September 1 of each calendar year). The selection by random lot shall be performed in a manner which may be witnessed by the public, and announced in advance by the Town Clerk. The Town Clerk shall also update rosters from time to time during each licensing year to reflect additions or deletions of tow car owners.

The licensed tow car owner or tow car driver shall tow said vehicle to the terminal on record maintained by the tow car owner in compliance with § 183-4.

Any vehicle owner shall be permitted to inspect his or her vehicle and remove items of personal property contained therein if it can be dismantled and removed from the vehicle without the use of any tool, and any agent shall be permitted to inspect such vehicle whether or not the payment for towing and storage has been made. No charge shall be assessed to the vehicle owner or the vehicle owner's agent for such inspection. The participant shall be given a receipt for any property removed from a vehicle while it is in the custody of the participant.

Upon presentation of sufficient proof of ownership and payment of the authorized charges, the vehicle shall be released to the vehicle owner. If proof of ownership is located within the vehicle, the vehicle owner shall be permitted to access the vehicle to retrieve the proof. Sufficient proof of ownership shall include the current, valid, vehicle registration and/or title of said vehicle, along with the vehicle owner's proof of identification.

It shall be unlawful for any tow car owner or tow car driver or any other person to tow a vehicle, or transfer possession of a towed vehicle, without the express written authorization of the vehicle owner. Such written authorization must be in a form approved by the Town Clerk.

Subject to the prior review and approval of the Town Attorney, the Town Clerk shall have the authority to promulgate additional reasonable rules and regulations in order to administer the rotational tow system.

Any tow car owner in possession of a valid tow car owner's license for the period January 1, 2014, to December 31, 2014, shall be extended to June 30, 2015, in order to comply with the provisions of this chapter. These provisions shall also apply to persons in possession of a valid Town tow car driver's license. Hereafter, the licensing year shall be July 1 to June 30 of the following year.

Nothing herein or in any other section of this chapter shall obligate a vehicle owner whose vehicle is towed from the scene of an accident by a tow car owner or tow car driver to utilize such tow car owner or a motor vehicle repair shop with which such tow car owner or tow car driver contracts to perform any repairs to his/her vehicle.

§ 183-14 Penalties for offenses.

An offense against any provision of this chapter shall be punishable by a fine of not more than $500 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. For conviction of a second offense, such violation shall be punishable by a fine of not more than $1,000 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. For conviction of a third or subsequent offense, such violation shall be punishable by a fine of not more than $2,000 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.

Notwithstanding any other provision of this chapter, any person committing an offense against any provision of §§ 183-2, 183-4, 183-8 and 183-9 hereof shall be guilty of a class B misdemeanor, which shall be punishable by a fine of not more than $1,000 or imprisonment for a period not exceeding three months for each such offense, or by both such fine and imprisonment. For conviction of a second offense, such violation shall be punishable by a fine not more than $2,000 or by imprisonment for a period not exceeding six months for each such offense, or by both such fine and imprisonment. For conviction of a third or subsequent offense, such violation shall be punishable by a fine not more than $3,000 or by imprisonment for a period not exceeding one year for each such offense, or by both such fine and imprisonment.

Notwithstanding any other provision of this chapter, any person committing an offense against any provision of §§ 183-10, 183-11 and 183-12 hereof shall be guilty of a class B misdemeanor, which shall be punishable by a fine of not more than $3,000 or imprisonment for a period not exceeding three months for each such offense, or by both such fine and imprisonment. For conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine not more than $5,000 or by imprisonment for a period not exceeding six months for each such offense, or by both such fine and imprisonment. For conviction of a third or subsequent offense, both of which were committed within a period of five years, such violation shall be punishable by a fine not more than $7,000 or by imprisonment for a period not exceeding one year for each such offense, or by both such fine and imprisonment.

Each day of continued violation shall constitute a separate additional violation.

In addition to the penalties provided herein, an offense against this chapter may result in the suspension or revocation of the tow car owner's or tow car driver's license.

§ 183-15 Applicability.

This chapter shall not be applicable:

To a vehicle dismantler registered pursuant to § 415-a of the Vehicle and Traffic Law of the State of New York when engaged in towing in the course of the operation of the business of a vehicle dismantler.

To a governmental agency.

When performing towing services which are not offered to the general public, to:

A franchised public transportation operator.

A bus company, as such term is defined in Subdivision 2 of § 2 of the Transportation Law of the State of New York, to operate pursuant to Article 7 of such law.

A public utility company or a public utility corporation, as such terms are defined in Subdivisions 23 and 24, respectively, of § 2 of the Public Service Law of the State of New York.

An owner of a vehicle licensed pursuant to Chapter 185, Taxicabs and Limousines, of the Code of the Town of Hempstead.

An operator of a school bus, as such term is defined in § 142 of the vehicle and Traffic Law of the State of New York.

A motor vehicle rental agency.

To an individual employed in connection with any towing operations described in Subsection A, B or C above when operating a tow car or assisting in the operation thereof in the course of his or her employment.

§ 183-16 Towing Advisory Committee.

There is hereby established a towing Advisory Committee to assist the Town Board and the Town Clerk in establishing recommendations for rules and regulations for the implementation of this chapter.

The Committee shall be comprised of the Town Clerk or his/her designated representative, who shall act as Chairperson of the Committee. The Town Attorney or his/her designee shall serve as the Vice Chairperson of the Committee.

The Town Board shall appoint two tow truck owners licensed by the Town of Hempstead to serve as members of the Committee. In addition, the Town Board may appoint a private citizen as a member of the Committee. All members of the Committee shall be appointed and serve at the pleasure of the Town Board.

The Town Board may appoint one of its members to serve as a member ex officio of the Committee.

The Committee shall meet from time to time at such time and place designated by the Chairperson. In no event shall the Committee meet less than twice in any calendar year.

The Committee shall have the following powers and duties:

To make rules for the conduct of the Committee's business.

To keep minutes of the Committee's proceedings.

To conduct meetings, forums, workshops and seminars on the subject of towing matters.

To make recommendations to and to assist the Town Board in the drafting of legislation concerning towing matters and this chapter.

To make recommendations to and to assist the Town Clerk in the drafting of rules and regulations under this chapter.

To act as an advisory board on appeals of decisions rendered by the Review Appeal Board relating to the provisions of this chapter.