This chapter is enacted for the purpose of regulating towing
services requested by the Town of Bedford in order that the peace,
health, safety, welfare and good order of the Town of Bedford and
its inhabitants shall not be endangered or unduly disturbed.
When used in this chapter, unless otherwise expressly stated
or unless the context or subject matter otherwise requires, the following
terms shall have the meanings indicated:
ABANDONED VEHICLE
As defined by the New York State Vehicle and Traffic Law,
Article 1224.
APPLICANT
An owner of a towing service seeking a towing license under
this chapter.
HEAVY-DUTY TOW SERVICE LICENSEE
A tow service operator meeting all of the requirements of
this chapter which has been issued a heavy-duty tow service license
by the Town. Such a licensee shall be considered both a regular and
heavy-duty licensee for the purposes of this chapter.
HEAVY-DUTY VEHICLE
A motor vehicle which is a truck over 1 1/2 tons, semitractor,
tractor, bus or vehicle whose weight exceeds 10,000 pounds.
MOTOR VEHICLE or VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, except devices
moved by human power or used exclusively upon stationary rails or
tracks.
REGULAR TOW SERVICE LICENSEE
A tow service operator meeting all of the requirements of
this chapter, except those required for a heavy-duty tow service licensee,
which has been issued a tow service license by the Town.
ROTATIONAL TOWING PROGRAM
Any towing service who obtains a license and is approved
as a tow service operator as required under this chapter shall be
placed on a towing rotation list to be called in rotation to remove
vehicles from scenes of accidents, disabled vehicles or abandoned
vehicles otherwise left in violation of the law.
TOWING ROTATION AGREEMENT
An agreement between the Town and the tow service operator
setting forth the terms and conditions of the terms of the towing
services to be provided by the tow service operator.
TOW SERVICE OPERATOR
A person or business approved by the Town as a regular tow
service licensee or heavy-duty tow service licensee that is engaged
in the business of offering services whereby, at the request of the
Town Police Department, motor vehicles are towed or otherwise removed
from the place where they are disabled, parked or initially impounded
by use of a wrecker so designed for that purpose or by a truck, automobile
or other vehicle so adapted to that purpose.
TOW TRUCK
A wrecker designed for the purpose of towing or otherwise
removing vehicles from the place where they are disabled or parked
or servicing the same or a truck, automobile or other vehicle adapted
to that purpose.
TOWING ROTATION LIST
A list prepared by the Town Police Department setting forth
the order in which tow service operators are scheduled to perform
towing services. Separate Tow Rotation Lists shall be prepared for
regular tow service licensees and for heavy-duty tow service licensees.
TOW SERVICE
A person or business that is registered as a vehicle repair
shop in New York State and engaged in the business of offering services
whereby abandoned vehicles are towed or otherwise removed from the
place where they are disabled, parked or initially impounded by use
of a wrecker so designed for that purpose or by a truck, automobile
or other vehicle so adapted to that purpose.
TOWN
The Town of Bedford.
If it is hereby found that the presence of an abandoned motor
vehicle on any Town roadway poses a nuisance, danger, or potential
traffic hazard, all tow service operators shall be obligated, at the
direction of the Town Police Department, to remove within a reasonable
time any and all abandoned vehicles within the Town; and to secure
the vehicle in their facility until disposition is made pursuant to
the law. The Town shall not be liable to tow service operators for
the cost of such towing, storage, or impounding. The tow service operator
agrees to accept, as total compensation for any and all obligations
resulting from towing, storage, and impounding such vehicles, the
rights granted to the tow service operator under the Vehicle and Traffic
Law. Disposition of all abandoned vehicles shall be in accordance
with the Vehicle and Traffic Law.
[Amended 3-21-2023 by L.L. No. 4-2023]
No person shall be engaged in the business of offering tow services as a tow service operator for the Town, or shall appear on the towing rotation list provided in §
118-13 of this chapter, unless a license shall have been obtained from the Town and said license shall not have been revoked or suspended. Nothing herein shall be construed as prohibiting any towing service whose business is based outside the Town from applying for the same license herein required and obtaining said license under the same terms as a business located within the Town. Licensed tow service operators may also contract for the towing services in other towns.
Every applicant for a license shall submit to the Town Clerk
the following to obtain a license:
A. A written application on the form provided by the Town supplying,
under oath, the information below. Fraud, misrepresentation or false
statements as to a material matter contained in said application shall
be a violation of this chapter.
(1) Name and permanent home address of the individual filing the application.
In the case of a partnership or an unincorporated association, each
partner or member thereof, and in the case of a corporation, the location
and address of the place of incorporation and principal place of business,
as well as the name and address of each officer, director and stockholder
with a controlling interest thereof.
(2) Name, including the full corporate name if the applicant is a corporation
and any trade styles used, business address and telephone number of
the towing service represented and the date of incorporation of any
corporate applicant.
(3) Names and home addresses of all tow truck drivers employed by the
applicant.
(4) The description and New York State motor vehicle identification number
of the all tow trucks owned or operated by the applicant.
(5) Whether the applicant or any partner, or employee of or in the tow
service business of the applicant has been convicted of a crime or
offense within the last five years. If so, a statement containing
the date of conviction, the crime or offense charged and sentence
imposed. The applicant and all tow truck drivers under the applicant's
employ or contract shall submit to fingerprinting through the Town
Police Department. Such fingerprints and fees shall be submitted in
the form and manner as prescribed by the Division of Criminal Justice
Services. The fee for such investigation shall be assumed by the applicant.
(6) Whether the applicant or any partner, corporate officer or director,
principal or agent is or was the holder of any tow service license
issued by any other municipality or other governmental unit and their
names and whether such license had ever been suspended, denied or
revoked. If so, a statement of the date of said suspension, denial
or revocation, the reasons cited by the governmental unit and whether
the license was reinstated shall be provided.
(7) A copy of all current licenses or permits duly issued to the applicant
which authorizes the operation of a tow service in the State of New
York.
(8) A copy of all current licenses or permits duly issued to the applicant
or its employees and agents to operate a tow truck.
B. Certificates of insurance, approved by the Town Attorney, for coverage required in §
118-9H, which names the Town as an additional insured and requiring 30 days' notice to the Town in the event of cancellation or nonrenewal shall be provided with the application.
C. A towing rotation agreement with the Town in the form to be provided,
executed by the applicant setting forth the terms and conditions with
respect to the towing services to be provided under the rotational
towing program.
A tow service operator approved by the Town shall notify the
Town Police Department and Town Clerk in writing of any change in
the information supplied on the application prior to the issuance
of the license and during the license period, including but not limited
to any convictions of the licensee or any partner, corporate officer
or director, principal, employee or agent of the licensee, and any
changes in the names and addresses of tow truck drivers employed by
the applicant, within five days of such change.
Each applicant shall pay an application fee to the Town, as
set forth in the Town fee schedule adopted by the Town Board.
Tow service operator license shall be issued subject to the
following conditions:
A. It shall be unlawful for any tow service operator to service or tow
any motor vehicle which has been involved in an accident without the
prior written consent of the owner or operator and the police officer
at the scene of the accident, if any.
B. No motor vehicle shall be serviced at or removed from the scene of
an accident where a Town or New York State police officer requires
or requests that an examination be made of the damaged vehicles to
determine whether the vehicle was defective or where the police officer
requires or requests that photographs or diagrams be made of the scene.
C. All tow trucks and other vehicles used for providing tow services
shall be required to be inspected before such vehicle can be used
for such purpose.
D. Following the inspection of each vehicle, the Town Police Department
shall issue to a tow service operator a sticker for each tow truck
listed on his application which shall be appropriately affixed to
the front windshield so that it is visible through the front windshield
of said vehicle. Said sticker shall contain the license number assigned
to the tow service operator and such other information as the Chief
of Police shall determine advisable. Said sticker shall not be transferable
from one tow truck to another.
E. On each side of every tow truck operated in the Town by a tow service
operator there shall be legibly inscribed the name and address of
the licensee or the person having the license number assigned to such
towing service by the Town Clerk.
F. Tow service operators shall be responsible for the collection of
all fees for service, towing or storage of any vehicle. Neither the
Town, nor any of its elected officials, officers or employees shall
act as agent for the collection of any fee, nor shall they be held
responsible in the event of nonpayment of any moneys due to any tow
service operator as a result of services performed in accordance with
this chapter.
G. When called to the scene of an accident, the tow service operator
shall be responsible for removing debris such as glass and metal fragments
from the roadway, the shoulders of the road, the right-of-way and
property contiguous to the scene, leaving the roadway safe for vehicular
traffic. All collected debris shall be disposed of in a legal manner.
H. The tow service operator shall maintain the following insurance:
(1) Public liability insurance for personal injury and property damage
with an insurance carrier licensed to do business in the State of
New York; in the following minimum amounts:
|
Minimum Amount
|
---|
Bodily damages (including death), each occurrence
|
$1,000,000
|
Property damage, each accident (includes provision for vehicles
in tow and in the tow service operator's possession after towing)
|
$150,000
|
Aggregate
|
$750,000
|
(2) An auto garage keeper's legal liability policy covering fire, theft
and property damage that will cover any vehicle towed, impounded or
stored; and
(3) Insurance policies under the Workers' Compensation Law (Chapter
41 of the Laws of 1914, as amended) and under the Disability Benefits Law (Chapter 600 of the Laws of 1949, as amended) for employees.
(4) The tow service operator shall be solely responsible for payment
of all deductibles and self-insured retentions (if any) to which such
policies are subject. Deductibles and self-insured retentions must
be approved by the Town Clerk and Town Attorney. Such approvals shall
not be unreasonably withheld.
(5) As evidence that the required insurance has been obtained, the Town
requires the tow service operator to furnish a certificate of insurance
in a form satisfactory to the Town Attorney. The Town shall be the
sole additional named insured on the policy.
I. The tow service operator shall give the Town Police Department immediate
access to towed vehicles to perform a timely inventory of all personal
property contained within the vehicle.
J. All tow service operators must have an established business location
and secure storage lot located within the Town of Bedford.
K. All tow service operators must consent to random inspections of any
and all required documentation.
L. All tow service operators must consent to random inspections of any
and all required equipment used for rotational towing calls.
M. All tow service operators must execute a towing rotation agreement.
N. All tow service operators and tow truck drivers must complete a background
investigation to be conducted by the Town of Bedford Police Department
before being issued a regular tow service license or heavy-duty tow
service License.
O. Approved tow service operators and tow truck drivers will be issued
an identification badge by the Bedford Police Department which must
be worn and visible while on scene of all rotational towing events.
A heavy-duty tow service operator shall maintain at least one
heavy-duty tow truck capable of towing a vehicle whose weight exceeds
10,000 pounds. A heavy-duty tow service operator must comply with
all other provisions of this chapter.
The Chief of Police is responsible for reviewing the application
and criminal history record information disseminated by the Division
of Criminal Justice Services and may deny an application, in the first
instance or renewal, if it is determined that:
A. The applicant is unfit and incapable of properly conducting a tow
service within the Town or does not conform to the provisions of this
chapter; or
B. The place where vehicles are towed for storage is in violation of
any state or local law or regulation, including any zoning or building
codes; or
C. The applicant has failed to comply with or is in violation of any provision of this Chapter
118, or Chapter
125, Zoning; or
D. The applicant has made a false statement or misrepresentation in
the application; or
E. The applicant, its officers or principals, or any tow truck driver
under the applicant's employ or control, has been convicted of a felony
or any crime involving violence, dishonesty, deceit, or moral turpitude
within a period of five years. If an applicant, its officer or principals,
or any tow truck driver under the applicant's employ or control has
been convicted of one of the above-specified crimes, any decision
regarding such applicant's fitness for a license shall be made upon
consideration of New York State Correction Law §§ 701
through 703-b and §§ 751 through 753; or
F. In the event any applicant wishes to appeal the determination of the Chief of Police to deny any application for a license or renewal thereof, the applicant shall have the right to appeal the determination to the Town Board pursuant to the procedures set forth in §
118-18, below.
A license issued hereunder shall not be transferred or assigned
by the licensee, and any attempt to transfer or assign the license
shall render such license void.
The Chief of Police, or any duly appointed agent, upon receiving information giving him reasonable cause to believe that any tow service operator, or any principal, partner, corporate officer, shareholder or director, employee or agent thereof has (i) violated any provision of this Chapter
118; (ii) has been convicted of any violation referred to in this Chapter
118; (iii) has breached of any term of the towing rotation agreement; (iv) has been convicted of any crime or offense; or (v) is not otherwise properly performing as a tow service operator, may forthwith temporarily suspend any regular tow service license or heavy-duty tow service license issued under this chapter until such time as the Chief of Police determines whether such license should be permanently revoked. Any license issued hereunder may be suspended for a period of not more than 60 days by the Chief of Police, or any duly appointed agent, at which time the Chief of Police shall determine whether the license shall be permanently revoked or reinstated for the remainder of its term. In the event the Chief of Police does not issue a formal determination within the sixty-day time period, the license shall be deemed to be permanently revoked.
Any person aggrieved by the action or determination of the Chief of Police in denying or revoking a license pursuant to §§
118-14,
118-16 or
118-17 of this chapter shall have the right to appeal such determination to the Town Board. Such appeal shall be filed within 14 days after notice of the action complained of has been mailed to such person's business address. Such mailing shall be by certified mail or overnight delivery. The appeal shall include a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a public hearing on such appeal, and notice of such hearing shall be mailed to such person at the address as provided by the applicant in his or her application or such other address as the applicant or the licensee shall provide to the Town Clerk by certified or registered mail, return receipt requested. The decision and order of the Town Board on such appeal shall be final and conclusive, but shall be subject to review pursuant to Article 78 of the New York State Civil Procedure Laws and Rules.
Nothing provided herein shall be construed to prevent the Town from contracting with a particular tow service operator for services to be provided in lieu of relying on a towing rotation list as provided in §
118-13 of this chapter whenever the Town Board determines the best interests of the Town so requires.