[HISTORY: Adopted by the Town Board of the Town of Bedford 11-24-2020 by L.L. No. 9-2020. Amendments noted where applicable.]
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.
A. 
The tow service operator must charge an appropriate amount based on the rate schedule established by the Town Board with the assistance of the Chief of Police. Every tow service operator shall maintain a written rate schedule of all rates and charges. The rate schedule shall be included in the signed towing rotation agreement between the Town and the tow service operator. No tow service operator may charge in excess of the rates provided in the towing rotation agreement.
B. 
Whenever practicable, the owner or driver of any vehicle utilizing tow services shall be given a copy of a full schedule of rates at the time the towing services are rendered. In any event, a full schedule of rates shall be annexed to each bill.
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.
A. 
It shall be unlawful for any person to solicit towing services or repair work at the scene of any motor vehicle accident within the Town.
B. 
The stopping of any tow truck within 500 feet of the scene of any accident on any public street or highway in the Town and the approach, movement or advance of the tow truck operator towards the scene without the prior authorization of the operator of the vehicle, owner of the vehicle, a member of the Town Police Department or a member of the New York State Police shall be presumptive evidence of the intent of the operator of a tow truck or service truck to solicit towing or repair work.
A. 
Upon receipt of a complete application, approval by the Chief of Police, satisfaction of all requirements in this chapter, the execution of a towing rotation agreement and the payment of the requisite fees, the Town Clerk shall issue the appropriate regular tow service license and/or heavy-duty tow service License. Such license shall be valid for a term of 12 months from the date of its issuance.
B. 
A tow service operator may apply for a renewed regular tow service license or heavy-duty tow service license with the Town by submitting a completed renewal application, provided that such application is made and received within 60 days prior to expiration and that there are no outstanding violations of this Chapter 118 or the required towing rotation agreement.
A. 
Once a license is issued under this chapter and a towing rotation agreement is fully executed, the tow service operator will be added to the towing rotation list for call-outs. Each vehicle at a scene is considered a separate call. Separate tow rotation lists shall be prepared for regular tow service licensees and for heavy-duty tow service licensees. If a tow service operator is unavailable or otherwise unable to answer a call, they will move to the bottom of the towing rotation list.
(1) 
The Town Police Department may, under emergency circumstances, call a tow service operator from other than the top of the towing rotation list.
(2) 
If a tow service operator on the towing rotation list is requested by the vehicle owner, the Town Police Department can assist the vehicle operator by contacting the requested tow service operator. This tow service operator will then remain in their proper rotation with regard to the towing rotation list.
B. 
Requirements to be placed on towing rotation list:
(1) 
All tow service operators must possess all the required equipment, licensing, insurance, and training set forth in the towing rotation agreement.
(2) 
All tow service operators must consent to random inspections of any and all required documentation and equipment used for rotational towing calls.
(3) 
Approved operators and tow truck drivers will be issued an identification badge by the Town Police Department which must be worn and visible while on scene of all rotational towing events.
(4) 
The tow service operator must be in compliance with all provisions of this Chapter 118 and the towing rotation agreement.
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.
A. 
Licenses issued under provisions of this chapter may be revoked by the Chief of Police, or his duly appointed agent, for any of the following causes:
(1) 
Unsatisfactory performance, including but not limited to failure to respond to calls, imposition of unreasonable charges on motorists, refusals to accept standard methods of payment from motorists, and failure to meet the characteristics and other standards outlined in this chapter and the towing rotation agreement.
(2) 
Fraud, misrepresentation or false statements as to a material matter contained in the application for license.
(3) 
Fraud, misrepresentation or false statements made by the licensee in the course of carrying on activities as a tow service operator.
(4) 
Any violation of, or failure to comply with this Chapter 118, or Chapter 125, Zoning.
(5) 
Violation or breach of the terms of the towing rotation agreement.
(6) 
Conviction of the applicant or any principal, partner, corporate officer, employee or agent of the applicant, of a misdemeanor or felony which in the judgment of the Chief of Police renders the applicant unfit to carry on the activities of a licensed tow service operator.
(7) 
Cancellation or failure to maintain insurance pursuant to the requirements of §§ 118-5B and 118-9H.
B. 
In the event any tow service operator wishes to appeal the determination of the Chief of Police to revoke any license to a tow service operator, the tow service operator shall have the right to appeal the determination to the Town Board pursuant to the procedures set forth in § 118-18, below.
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.
A. 
Any person who violates any of the provisions of this chapter, in addition to being subject to having his or her license suspended or revoked, shall also be guilty of an offense and shall also be subject to a civil penalty. Each incident of such violation shall constitute a separate offense and violation.
(1) 
Any person committing an offense against any provision of this Chapter 118 shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both.
(2) 
Any person violating any provision of this Chapter 118 may also be subject to a civil penalty not to exceed $5,000 for each such violation.
B. 
In addition to any other penalties set forth herein, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter and may pursue any other remedy provided for by law.
A. 
The Town Police Department shall be responsible for enforcement of this chapter and any violation of thereof.
B. 
The Town Police Department shall be responsible for performing background checks on all individual applicants, partners, corporate officers, principals, employees, tow truck operators or agents of applicant, but nothing herein shall be interpreted to require the Town Police Department to perform checks beyond those which it is authorized or has the capacity to perform.
C. 
The Town Police Department shall inspect each tow service operator's vehicles at least once each year and whenever deemed necessary for the public health, safety and welfare by the Town Police Department. Said inspections shall not be conclusive against the Town with respect to any claim of liability but shall be evidence merely that the Town has had inspections made as required by this chapter.
D. 
The Chief of Police is empowered to adopt departmental regulations to implement the enforcement of this Chapter 118.