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:
ACCIDENT/COLLISION
Any incident or occurrence in which one or more vehicles
contact each other or other objects, thereby causing personal injury
or property damage.
CRUISING
The driving of a wrecker along any Village road, street or
highway for the purpose of soliciting business in the Village.
DRIVER
Any person driving a tow truck for hire upon public roadways.
FOR HIRE
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.
GVWR
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]
HEAVY-DUTY TOWING
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]
IMPOUND/STORAGE FACILITY
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.
LIGHT/MEDIUM TOWING
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]
OWNED
Belonging to, rented or leased.
PERSON
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.
RECOVERY
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.
SERVICE CALL
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.
TOWING
The moving or removing of disabled motor vehicles or abandoned
motor vehicles by a vehicle for hire.
WRECKER
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.
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.
[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.
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.
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.
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.