[HISTORY: Adopted by the Board of Trustees of the Village
of Woodbury 12-8-2016 by L.L. No.
6-2016. Amendments noted where applicable.
The Village of Woodbury hereby determines that providing regulations
for the prompt and safe removal of disabled, abandoned, and impounded
vehicles from public roadways within the Village is necessary for
the public health, safety and general welfare of the residents and
traveling public within the Village. This chapter will not supersede
any specific orders issued by police agencies addressing specific
situations (such as vehicles impounded for criminal investigation
purposes).
Whenever used in this chapter, the following terms shall have
the meanings indicated:
Any incident or occurrence in which one or more vehicles
contact each other or other objects, thereby causing personal injury
or property damage.
The driving of a wrecker along any Village road, street or
highway for the purpose of soliciting business in the Village.
Any person driving a tow truck for hire upon public roadways.
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, carrying or removing a
vehicle, including any case where any person makes repairs on a towed
vehicle for compensation, even if no charge is expressly imposed for
towing such vehicle.
The gross vehicle weight rating of a tow truck, consisting
of the weight of the tow truck plus the heaviest load that it is designed
to carry.
[Added 2-11-2021 by L.L. No. 3-2021]
The towing of vehicles that require special equipment or
weigh in excess of 10,000 pounds or extend more than 22 feet in length
and require a Class A or B commercial driver’s license to operate.
[Added 2-11-2021 by L.L. No. 3-2021]
A secured fenced-in area for at least five towed or impounded
vehicles. A holder of a license for towing must have the ability to
store at least two vehicles inside a building or garage on the facility
premises.
The towing of vehicles that weigh less than or equal to 10,000
pounds and do not extend more than 22 feet in length. Light/medium
towing is for vehicles designed to tow or transport automobiles, pickup
trucks, small vans, medium-size trucks, buses and recreational vehicles,
as well as smaller vehicles.
[Added 2-11-2021 by L.L. No. 3-2021]
Belonging to, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
corporation, or other organization, and the singular or plural, masculine,
feminine, or neuter thereof, unless the contrary is clearly expressed.
The retrieval of a disabled or abandoned motor vehicle from
off the paved portion of a street or off of a Village right-of-way
by a vehicle for hire.
A request for assistance from a tow truck that does not involve
towing, but is limited to rendering emergency assistance for such
categories as battery charges, flat tires, lockouts or gasoline.
The moving or removing of disabled motor vehicles or abandoned
motor vehicles by a vehicle for hire.
A vehicle registered with New York State as a tow truck and
used for the purpose of towing or carrying another vehicle that has
been or is involved in an accident, or is disabled, abandoned or illegally
parked.
Cruising shall be prohibited within the Village of Woodbury.
A.
It shall be unlawful for any person to engage in the business of
towing (including the use of a wrecker) within the Village of Woodbury
unless a light/medium towing license or heavy-duty towing license
shall have first been obtained from the Village. The Village Clerk's
office shall be responsible for the issuance of such licenses.
[Amended 2-11-2021 by L.L. No. 3-2021]
B.
Tow operators without a license from the Village of Woodbury may
enter the Village of Woodbury to remove a motor vehicle:
(1)
When a situation exists and no licensed tow truck operator is available;
or
(2)
[1]Upon owner request at the scene of an accident or disabled
vehicle; or
[1]
Editor's Note: Former Subsection B(2), regarding a wrecker
not having the capacity to handle the vehicle to be removed, was repealed
2-11-2021 by L.L. No. 3-2021. This local law also provided for the
renumbering of former Subsection B(3) through (5) as Subsection B(2)
through (4), respectively.
(3)
In response to a request of the New York State Police or pursuant
to a New York State Thruway license; or
(4)
When a vehicle is already in tow when entering the Village of Woodbury;
or
[Amended 11-15-2022 by L.L. No. 10-2022]
(5)
When
a situation exists when a licensed tow truck operator's wrecker does
not have the capacity to handle the vehicle to be removed; or
[Added 11-15-2022 by L.L. No. 10-2022]
(6)
Upon
the owner's request at the scene of an accident or disabled vehicle.
[Added 11-15-2022 by L.L. No. 10-2022]
A.
Applications for licenses issued hereunder shall be made upon forms
prepared and made available by the Village Clerk's Office and shall
state:
(1)
The name, home address and proposed or actual business address of
the applicant and whether he or she is the owner or lessee of that
business address.
(2)
A description of the wrecker and/or flatbed for which the license
is desired, including the year, make, model, type, registration number,
type of registration, VIN, length of service as a tow vehicle, highway
usage permit number, and DOT number (if applicable), and the license
requested (light/medium towing or heavy-duty towing).
[Amended 2-11-2021 by L.L. No. 3-2021]
(3)
The names, dates of birth, endorsements/restrictions and client identification
number of all wrecker operators.
(4)
Proof of insurance in the form approved by the Board of Trustees and in accordance with § 283-10 of this chapter.
(5)
Any other relevant information which the Village Board or Chief of
Police may require from time to time as they deem appropriate.
B.
All applicants must be a New York State licensed repair shop, and
the licensed shop must be located at the same site as the impound/storage
facility.
C.
All license holders are required to take credit cards and/or cash
for all tow list services except impounds, for which cash is required.
Within 14 days after receipt of an application as herein provided,
the Chief of Police shall cause an investigation to be made of the
applicant and of his proposed business operation requesting a license.
The Chief of Police may delegate the inspection of the wrecker(s)
to an independent person, who may not be engaged in business in the
Village, who shall be qualified by experience and training to make
such inspection and who shall report to the Chief of Police whether
the wrecker(s) is/are in a thoroughly safe and sanitary condition.
Within 14 days after completion of the inspection and investigation,
the Chief of Police shall provide a recommendation to the Board of
Trustees, recommending either the approval or denial of the application.
A.
The Chief of Police shall recommend approval of a license by the
Board of Trustees, upon making the following findings:
(1)
That there has been total compliance with the requirements of this
Chapter and all other governing laws, statutes and ordinances.
(2)
That the tow or wrecker vehicle has been properly registered and
inspected by the State of New York and has the necessary stickers
affixed. No tow vehicle which is using dealer license plates shall
be licensed as a wrecker.
(3)
That the insurance policies or certificates required herein have
been procured and supplied.
(4)
The required impound/storage facility shall have the capacity to
store five motor vehicles outside within a secured area surrounded
by a fence with a minimum height of six feet, as well as space to
accommodate two vehicles in an indoor secured area.
(5)
That the applicant is capable of collecting impound and storage fees
at the impound facility where such vehicles are stored.
(6)
That the licensee agrees to record the details of each vehicle towed, serviced or transported by him, his agents or employees, together with full information concerning the details surrounding the hire/tow, the name of the owner of the towed vehicle, when available, and the name of the patron engaging him, which records shall be kept open for inspection at all times to a duly authorized representative of the Board of Trustees or the Woodbury Police Department. Records as described above need only be kept with respect to tows made off the tow rotating call list in accordance with § 283-15.
B.
An impound storage list must be completed and returned to the Woodbury
Police Department within five business days following the end of every
month.
C.
Impounded vehicles shall not be released unless authorized in writing
by the Woodbury Police Department.
D.
Access to personal property inside a vehicle which is stored in impound
shall be permitted with the written approval of the Woodbury Police
Department during normal business hours. A licensee shall not withhold
personal property or access thereto in order to obtain satisfaction
of towing or impound fees.
E.
The fees for a light/medium towing license and a heavy-duty towing
license are provided in the Village's fee schedule, which is reviewed
by the Board of Trustees annually as part of its organization meeting,
and may be modified at that time, or at any other time, by a resolution
of the Board of Trustees.
[Amended 2-11-2021 by L.L. No. 3-2021]
[Amended 2-11-2021 by L.L. No. 3-2021]
Upon the approval of the Board of Trustees, with the recommendation
of the Chief of Police, the Village Clerk shall issue a light/medium
towing license or heavy-duty towing license to the applicant, a copy
of which must be kept in all towing vehicles while conducting operations
under the license. All licenses issued hereunder shall expire on the
31st day of December next succeeding the date of issuance, unless
sooner suspended or revoked by the Board of Trustees as hereinafter
provided. Licenses are not transferable, delegable or assignable.
A.
On each side of every tow vehicle, the license holder shall display,
or cause to be displayed by painting, magnetic sign, or other similar
means, the name, address, and phone number of the licensee by letters
and numbers of not less than three inches in height and of contrasting
color to the tow vehicle.
B.
The owner shall also display or cause to be displayed the light/medium
towing license or heavy-duty towing license in a location easily observed
from the rear of the tow vehicle.
[Amended 2-11-2021 by L.L. No. 3-2021]
A.
No tow vehicle shall be licensed hereunder, nor shall any licensed
tow vehicle be operated within the Village, unless there shall be
deposited with the Village Clerk the following insurance policies
or certificates of insurance:
(1)
Auto garage-keeper's legal liability policy covering fire, theft,
and explosion in the minimum amount of $50,000, with each accident
deemed a separate claim, naming the Village of Woodbury as an additional
insured, with waiver of subrogation. Proof of insurability shall be
submitted to the Chief of Police and the Board of Trustees prior the
issuance of a permit.
(2)
Auto garage legal liability policy covering the operation of the
licensee's equipment or tow vehicle for any bodily injury or property
damage. This policy shall be in the amount of $1,000,000 per person
and $3,000,000 per accident, and naming the Village of Woodbury and
Woodbury Police Department as an additional insured, with waiver of
subrogation. Proof of insurability shall be submitted to the Chief
of Police and the Board of Trustees prior to the issuance of a license.
B.
Each policy herein must contain an endorsement providing 30 days'
notice to the Village in the event of any material change therein
or intention to cancel said policy for any cause. In the event that
any policy is changed so as to fail to conform to any of the above
requirements or if any policy of insurance is to be canceled for any
reason, the Village Clerk shall notify the person responsible for
the policy, and it shall be corrected, reinstated or replaced with
a conforming policy within 30 days after notice is received by the
Village, but before the date of cancellation. If the policy or certificate
is not corrected, reinstated or replaced within 10 days prior to the
date of cancellation, the Chief of Police shall immediately suspend
the towing license and shall pick up from the owner all indicia of
licensing, including any stickers, cards and other means of identification.
Charges for the transportation, hauling or services of disabled
or impounded vehicles shall not exceed the rates established by the
Board of Trustees, which rates may be reviewed periodically by the
Police Department and the Board of Trustees. The Board of Trustees
may modify the rates by a resolution of the Board.
No person who is under the age of 18 years shall drive a tow
vehicle. Tow vehicle operators must possess a valid driver's license
for the class of vehicle that is being operated, along with the tow
truck endorsement.
A.
At all times the wreckers/flatbeds of licensees shall be equipped
with:
(1)
Emergency flashing amber lights visible from front and rear;
(2)
A CO2 or dry-powder fire extinguisher with
a minimum capacity of 10 pounds;
(3)
One container of oil-absorbing material with a minimum capacity of
five gallons;
(4)
A carton containing at least one dozen red railroad-type flares;
(5)
A dolly/dolly wheels on all wreckers; and
(6)
A shovel and a broom for clearing the highway of nonhazardous debris,
if any.
B.
Heavy-duty tow trucks. In addition to the items in Subsection A(1) through (6) required for wreckers/flatbed tow trucks, the following additional equipment is required: a vehicle with a GVWR of 33,000 pounds or greater and the capability of lifting loads of 22 tons or greater; a set of twenty-ton recovery straps; one set of portable torches; one power chain saw; one power metal-blade saw.
[Added 2-11-2021 by L.L. No. 3-2021[1]]
C.
All equipment shall be maintained in good condition and in satisfactory
working order.
A.
No licensee may charge, directly or indirectly, for towing services,
cleanup or storage covered by these regulations more than the schedule
of charges established and/or approved by the Board of Trustees.
[Amended 2-11-2021 by L.L. No. 3-2021]
B.
A licensee shall not require that a vehicle be towed to any particular
shop for repairs, but may tow the vehicle to any location designated
by the operator of the towed vehicle as provided in § 283-14(E)(1)(i).
C.
No licensee shall induce or require any operator of any motor vehicle
being charged for towing or other services to execute a waiver of
liability for damages to his vehicle caused by the licensee, and no
such waiver of liability shall be legally enforced. This shall not
apply in cases of off-road recovery or lockouts.
D.
No yard charges will be assessed for moving of vehicles while in
the licensee's possession. Vehicles must be available for release
at the rates approved by the Board of Trustees, Monday through Friday
between the hours of 8:30 a.m. and 5:30 p.m. and Saturday between
the hours of 8:30 a.m. and 3:00 p.m. A reasonable additional charge
may be imposed for release of the vehicle after those hours as well
as on Sundays and/or federal holidays when business is not usually
conducted.
E.
Rates and fees (payable by cash, check or credit card).
(1)
Towing/impound rates applying to all tow call list services:
(a)
Day rate (8:00 a.m. — 6:00 p.m.): $135.
(b)
Night rate (6:00 p.m. — 8:00 a.m.): $150.
(c)
Weekend/holiday (all hours): $150.
(e)
Snow ordinance towing: $175.
(f)
Motor vehicle accident (MVA) towing (includes impounds if involved
in an accident): no set rate but cannot exceed $200.
(i)
Towing to other locations at customer's request at applicable
rate above plus a per-mile charge agreed to by the licensee and the
customer before the tow is commenced (not to exceed $4 per mile).
(j)
All vehicles requiring heavy-duty towing due to the weight or
length of the vehicle, special towing equipment needed, or as otherwise
directed by a police officer: $400 per hour, from time of leaving
place of towing business to time of return thereto, excluding police-directed
waiting time.
[Added 2-11-2021 by L.L. No. 3-2021]
(2)
Note: No storage fees will be charged for vehicles released within
the first 24 hours from time of tow. This shall not preclude the licensee
from collecting a storage fee for the first 24 hours when a vehicle
is released subsequent to that initial period.
F.
A license holder may not solicit owners for permission to tow to
lots or locations other than their designated impound/storage lot
unless the owner agrees in writing. Without an owner's request or
written permission, all tows must be to the license holder's designated
lot. Failure to do so is a violation of the license requirements.
A.
A licensee performing towing services for the Village or as requested
by a Woodbury police officer shall perform on a per incident rotating
basis. When the owner or operator of a disabled vehicle requests a
particular tow company, that tow company shall be called and no tow
vehicle shall be assigned from the rotating tow list. No licensee
shall respond to the scene of an accident except upon notification
by the police officer in charge, police headquarters, or upon the
request of the owner or operator of a disabled vehicle.
B.
Such additional rules and regulations regarding the rotation of towed
vehicles as may be hereafter promulgated by the Board of Trustees
after an opportunity to comment by the Chief of Police, and shall
take effect five days after mailing a copy thereof to the holders
of licenses issued in accordance with this Chapter by sending, via
first-class mail, a copy of such additional rules and regulations
to said licensee's business address.
C.
A licensee shall be required to respond to the scene within a maximum
of 20 minutes from the time the licensee is notified by the Police
Department.
D.
A licensee who does not answer a call for assistance, fails to arrive
at the designated location where assistance is requested within the
twenty-minute response time, or is otherwise unavailable when called,
shall lose his/her/its turn on the towing roster and must wait for
the roster to be called in its entirety before becoming eligible to
be called again.
E.
The Woodbury Police Department shall keep two separate and independent tow lists. The first list, which shall be known as the “light/medium tow list,” shall be for all light/medium towing as defined in § 283-2 above. The second list, which shall be known as the “heavy-duty tow list,” shall be for all heavy-duty towing, as defined in § 283-2 above.
[Added 2-11-2021 by L.L. No. 3-2021]
Each towing firm responding for a call for service must supply
the owner/operator of the vehicle who is at the scene with a card
containing the tow firm's business name, address, telephone number,
hours of operation, a written estimate of the expected charges, and
the accepted manner of payment.
The Woodbury Police Department shall have the power to require
tow vehicles to remove vehicles where:
A.
There is obstruction of a public right-of-way or private property
pursuant to vehicle and traffic laws.
B.
A vehicle has been vandalized, presents a fire or safety hazard,
or is an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration or identification
data.
D.
An abandoned vehicle is not licensed or operable.
E.
A vehicle is violating any emergency no-parking provisions as set
forth in the Village Code.
F.
Any other condition where permitted or required by law.
Licensees called to the scene of an accident must, in accordance
with the New York State Vehicle and Traffic Law, sweep away or clean
up any nonhazardous debris at the scene, provided that they are furnished
with police protection against moving vehicles at the scene. There
shall be no charge by the licensee for the clean-up of nonhazardous
debris resulting from the accident.
A.
Any license issued hereunder may be suspended immediately by the
Chief of Police or Board of Trustees for up to 30 days if the licensee
violates any provision of this chapter, any rule or regulation adopted
hereunder, or any local law of the Village, after an investigation
by the Police Department, including input from the licensee. If the
license holder does not accept the suspension, the license holder
may request a hearing with the Board of Trustees, to be held within
10 days. If the licensee is convicted of any felony or crime, or is
guilty of making a false statement or misrepresentation relating to
a license application, any license issued hereunder may be suspended
pending a hearing for revocation by the Board of Trustees.
B.
No license shall be revoked by the Board of Trustees hereunder without
a hearing thereon.
A.
The Village Clerk shall give notice of the hearing, stating the name
and address of the applicant or licensee concerned, the subject matter
of the hearing and the date, place and hour designated therefor, by
mailing the copy of the notice of hearing to the applicant or licensee
concerned at the address shown upon the most recent application of
such applicant or licensee at least 15 days before such hearing, by
certified mail. The hearing shall take place within 30 days of the
suspension.
B.
Upon any hearing, the applicant or licensee involved shall be entitled
to be represented by legal counsel and to present such competent and
material testimony or other evidence on their own behalf as may be
relevant to the subject matter of the hearing.
C.
All witnesses shall be sworn and examined under oath.
D.
Within 45 days after the hearing, the Village Board shall render
its decision, which may be to reinstate, suspend or revoke any license
issued hereunder. Such decision and the reasons therefor, shall be
in writing, and shall be mailed to the parties involved by certified
mail.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine no less than $1,000
but not to exceed $5,000. Each violation of any of the provisions
of this chapter and each day there is a violation thereof shall be
deemed and taken to be a separate and distinct offense. In addition,
the Board of Trustees, after a hearing, may suspend or revoke any
license issued hereunder for violation of any of the provisions of
this chapter for such period of time as found appropriate after the
hearing.
