[HISTORY: Adopted by the Common Council of
the City of Middletown 5-27-1975 (Ch. 110 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 460.
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meanings
given to them by this section:
Any vehicle which is unattended or obstructing traffic and
which, in the judgment of the Police Department, shall be removed.
Any incident or occurrence where one or more vehicles come
into contact with each other or another object thereby causing personal
injury or property damage.
A twenty-four-hour period from time of tow.
[Added 2-18-2014]
Any vehicle that requires towing because of an accident or
because it is unable to proceed under its own motive power.
Any person driving a tow truck for hire upon the public highways.
Includes any incident where a fee, charge or other consideration
is directly or indirectly imposed for towing, carrying or removing
any vehicle, and shall be inclusive of repairs made on a towed vehicle
for a consideration, although no charge is expressly imposed for the
towing of such a vehicle.
Includes the control and direction of the use of a vehicle
for hire for towing from places within the City of Middletown.
That license, issued to the owner of a towing truck authorizing
the holder thereof to engage in all tow car operations, except that
the holder will not be permitted at scenes of accidents unless specifically
called by the person in charge of the disabled vehicle and will not
be placed on the preferred tow truck list at Police Headquarters.
Includes any area of a street to which a vehicle is removed
to prevent the obstruction of traffic, and will remain so until the
vehicle or vehicles is removed, either under its own power or by a
properly licensed tow car.
Any place of business in the City of Middletown which is
a registered repair shop certified by the New York State Department
of Motor Vehicles and which is not in violation of the existing City
zoning or building codes, and which, as a substantial source of its
activity, engages in the repair of motor vehicles.
[Amended 2-4-2020]
The moving or removing of disabled or abandoned motor vehicles
by a tow truck for hire.
This chapter shall be known and may be cited as the "Towing
Ordinance of the City of Middletown."
A motor vehicle for hire which is either equipped for the
purpose of carrying, lifting, pushing, pulling or otherwise removing
any motor vehicle or motor vehicles, or which is used in the business
of removing such vehicles.
That license, issued to the owner of a towing truck, permitting
the holder thereof to be placed on a preferred roster of tow trucks,
which roster is located at Police Headquarters, in addition to being
permitted to do all normal towing.
Work above and beyond that required of a normal tow service.
Winching and dolly work is work used to remove a vehicle that is not
in a position to be towed by normal means that may be off the roadway.
Winching a vehicle onto a flatbed shall not be considered a winching
under this statute.
[Added 2-18-2014]
[Amended 1-7-2008]
It shall be unlawful to operate a towing car
for hire in the City of Middletown unless the owner thereof shall
have obtained a license from the Clerk of said City.
A.
A license shall be obtained by filing an application
therefor, on forms furnished by the City Clerk, verifying under oath
and stating:
[Amended 5-23-1994; 11-24-2003; 1-7-2008]
(1)
The name, address, age and business address of the
applicant.
(2)
The number of tow trucks proposed to be operated by
the applicant and a description of each tow truck, including the make,
model, year of manufacture, New York State registration number, New
York State inspection certificate number, and expiration of the inspection
certificate.
(3)
The address, including a description of the facility,
of the place from which tow trucks are proposed to be garaged and
dispatched.
(4)
The name and address of the insurance carrier which
covers each tow truck against public liability in an amount of at
least $1,000,000 combined single limit, including bodily injury and
property damage. The applicant must produce a valid certificate of
insurance with such application which names the City of Middletown
as an additional insured and which indemnifies the City from liability
to the fullest extent allowable by law. The certificate of insurance
shall be maintained in full force and effect during the period covered
by the license. The certificate must state that the City of Middletown
will be notified in the event of cancellation.
(5)
All crimes of which the applicant or any member thereof,
or any officer, if a corporation, 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.
(6)
The experience of the applicant in the towing of vehicles
for hire.
(7)
A copy of the New York State driver's license with
Class C towing endorsement for each driver who shall be operating
a tow truck.
B.
Said license is to be valid for a period of one calendar
year and shall be renewable by the City Clerk upon payment of the
licensing fee, proof of insurance, photocopy of the driver's license
of each operator, and disclosure of any change from the information
contained in the original application.
[Amended 9-8-1975; 11-24-2003; 1-7-2008]
C.
All licenses issued pursuant to this chapter shall
expire on January 1 next succeeding the date of issuance thereof.
[Amended 9-8-1975]
[Added 2-4-2020[1]]
Event towing shall be restricted to events for
which vehicles are required to be towed to clear the streets for the
purpose of a race, parade, festival or other event and for which such
street closing has been approved by a resolution of the Common Council
or by a directive of the Chief of Police.
[1]
Editor's Note: This ordinance also repealed former §
440-4, Fee for restricted license.
[Amended 5-23-1994; 12-22-2008; 1-26-2009]
Applicants for an unrestricted license will
be required to pay a nonrefundable fee of $150 per year for each of
the first two vehicles and $25 per year for each additional vehicle,
and in addition to normal towing privileges will be placed on a preferred
roster of tow trucks which will be available at the communications
desk at Police Headquarters. When a vehicle owner or other authorized
person at the scene of the accident requests the police officer at
the scene for a specified tow truck owner, the police officer shall
so inform Police Headquarters, and the requested tow truck owner,
if available, shall be notified of the request. In the event that
no request is made or in the event that the requested tow truck owner
does not respond, the desk officer at Police Headquarters shall notify
the next successive tow truck owner on the preferred roster in rotation
after the last-called owner, and, upon failing to get a response,
shall call the next succeeding tow truck owner on the preferred roster
until the tow service is accepted. The desk officer at Police Headquarters
shall keep a record concerning the date and the acceptance or refusal
of each call made. Each licensed tow truck owner on the preferred
roster who fails or refuses to accept a tow service when called in
his proper turn on the roster shall be deemed to have forfeited that
turn on the roster. In order to qualify for an unrestricted license,
the licensee must:
A.
Own and/or operate and maintain a bona fide terminal, as defined above in § 440-1, within the City of Middletown.
[Amended 2-4-2020]
B.
Be available or on call on a twenty-four-hour basis
to tow disabled vehicles.
C.
Agree to abide by the fees contained in this chapter.
D.
Agree to clean up debris from any vehicle accident,
by sweeping debris from the accident scene into the gutter, except
for those pieces which are too large to sweep into the gutter, and
those must be removed from the scene and disposed of by the licensee.
The requirement to clean up debris does not include the cleanup of
oil, gasoline or water which spilled as a result of the accident.
E.
Agree not to release police impounds without written
impound release from the Middletown Police Department.
[Added 11-24-2003]
F.
An owner/operator may not assign his or her turn in the police roster
to any other tow company, nor shall he or she substitute any tow vehicle
for one not consistent with the application on file with the Police
Department.
[Added 2-18-2014]
A.
No such license shall be issued unless the applicant
agrees to charge no more than the following maximum rates for towing
within the City of Middletown:
[Amended 5-23-1994; 11-24-2003; 1-26-2009; 2-18-2014]
(1)
For
all passenger cars, regardless of weight, and for other vehicles 1
1/2 tons and lighter, not to exceed $100, excluding incidental work
such as winching and dolly towing, during the period including 6:00
a.m. through and including 6:00 p.m., and $130 during the period including
6:01 p.m. through and including 5:59 a.m.
(2)
Winching
and dolly work fees are limited to a maximum of $100 per vehicle/tow.
(3)
City
administrative fee of $30 for City paperwork on impounds.
(4)
Dolly
work fees are limited to a maximum of $75 per hour per vehicle/tow.
[Added 2-4-2020]
(5)
Hazardous
materials cleanup, to include gasoline, antifreeze and motor oil,
and disposal fees, are limited to a maximum of $85 per vehicle/tow.
[Added 2-4-2020]
(6)
An
additional fee of $75 per hour may be charged for appropriate removal
of a vehicle during recovery from unusual incidents in which the vehicle
is located off the roadway and requires work beyond reasonably standard
tow work.
[Added 2-4-2020]
C.
The fees provided in this section shall not apply to commercial vehicles
which exceed a three-ton capacity.
[Added 2-4-2020]
[Amended 5-23-1994; 11-24-2003; 1-26-2009; 2-18-2014]
No license shall be issued unless the applicant
agrees to charge no more than a maximum of $60 per day for outside
storage and no more than a maximum of $75 per day for inside storage.
All vehicles must be stored on the premises of the licensee in a gated
or locked secure facility, whether indoors or outdoors, and shall
not be permitted to be parked or stored on City streets.
All licensees shall be required to post in their
garage, terminal, or service station a schedule of the maximum rates
for towing and storage as herein set forth.
It shall be unlawful for any licensee to demand
or receive any payment in excess of the rates permitted by this chapter.
It shall be unlawful for any person, firm or
corporation to solicit towing work by any means whatsoever from any
person at or near the scene of an automobile accident within the City
of Middletown. It shall be unlawful for any tow truck to proceed to
the scene of an accident or disablement without having first been
requested or notified to do so by the vehicle owner or a police officer;
and the operator of any tow truck so doing shall be deemed to have
committed a violation of this chapter.
[Amended 11-24-2003; 1-7-2008]
Each tow truck operated hereunder shall be registered
with and assigned an identifying numeral(s) or letter(s) by the City
Clerk. Each tow truck operated hereunder shall have inscribed on the
side of such vehicle the trade name and business address of the owner
and the identifying numeral(s) or letter(s) issued by the City Clerk
in letters/numerals not less than three inches in height either painted
or otherwise securely affixed in a conspicuous place as herein provided.
It shall be unlawful to tow away any motor vehicle
which has been involved in an accident, disablement or abandonment
without the prior consent of the owner or of the police officer at
the scene of the accident.
No license shall be issued unless the depot
or terminal of the tow truck or trucks shall be located within the
City of Middletown.
The provisions of this chapter shall not apply when the owner of a damaged car specifically requires the car to be taken from said City by an unlicensed tow car from outside of said City. In any instances where automobile insurance is utilized for the payment of towing and/or storage fees, the restrictions set forth in §§ 440-6 and 440-7 of this chapter shall not apply.
[Amended 2-18-2014]
An offense against any provision of this chapter
shall be a violation of the ordinance, which shall be punishable by
a fine of not less than $100 nor more than $500 for individuals, nor
more than $500 for corporations.
[Amended 11-24-2003]
A.
Investigation. The Chief of Police or his designated
agent may conduct an investigation into any complaints involving towing
operators.
B.
Power to suspend or revoke. The Chief of Police or
his designated agent may suspend or revoke any outstanding towing
license for a violation of this chapter or any other statute or ordinance
or for any conduct involving an unreasonable risk to the safety or
welfare of specific individuals or the general public. Notice of suspension
or revocation of the license and the reason(s) therefor shall be served
by the Chief of Police or his designated agent upon the person named
in the license or by mailing the same to the address given in the
license, whereupon a copy of such notice shall be filed in the Clerk's
office with an affidavit of service or mailing. When a license shall
be revoked, no refund of any unearned portion of the license fee shall
be made.
[Amended 1-7-2008]
C.
Term of suspension. A suspension of a license by the
Chief of Police or his designated agent shall be effective for 30
days, running from the date of notification upon the license holder.
D.
Grounds for suspension and revocation. No license
issued under this chapter shall be suspended or revoked without cause.
Cause shall include, but shall not be limited to:
(1)
Suspensions: failure to properly maintain vehicle
and/or equipment, both physically and/or mechanically, pursuant to
the requirements of this chapter.
(2)
Revocations:
(a)
Any two suspensions within the twelve-month
period of the issuance of the license.
(b)
Knowingly filing a false application.
(c)
Any arrest or conviction of a licensee for a
criminal offense committed by such person during or in relation to
towing operations.
(d)
Any driver who operates with a suspended driver's
or vehicle license as issued by the City of Middletown or a suspended
registration.
(e)
The suspension or revocation of an operator's
New York State driver's license by the New York State Department of
Motor Vehicles.
(f)
Operation of a tow truck without the insurance
required by this chapter, for illegal purposes, or in violation of
the law.
E.
Review of denial, revocation or suspension. A hearing
officer shall be appointed by the Mayor to hear and decide appeals
taken from any determination made by the Chief of Police or his designated
agent which denied, revoked or suspended such driver's and/or vehicle
license. Any applicant who shall have been refused a license, or a
license holder whose license shall have been revoked or suspended,
may appeal to the hearing officer for review of such denial, revocation
or suspension as set forth in this chapter. The failure of an aggrieved
party to take an appeal within 10 business days of receipt of such
denial, revocation or suspension shall constitute a waiver of right
to appeal. The hearing officer shall designate a time and place for
the hearing within 30 days of the designation of the hearing officer.
The aggrieved party shall have the option of whether such hearing
shall be public or private. The aggrieved party shall be given an
opportunity to present evidence why such denial of application, or
such suspension or revocation of the license, shall be sustained,
modified or withdrawn. The Chief of Police or his designated agent
may also present evidence. Upon consideration of the evidence presented,
but no later than 15 business days after the hearing, the hearing
officer shall sustain, modify or withdraw the decision of the Chief
of Police or his designated agent. In the event the aggrieved party
is not satisfied with the decision of the hearing officer, such aggrieved
party may file an Article 78 proceeding under the New York Civil Practice
Law and Rules, except that such Article 78 proceeding must be filed
within 30 days of the filing of the hearing officer's decision with
the Clerk of the City of Middletown and service of the same upon the
aggrieved party.
[Amended 1-7-2008]
