[HISTORY: Adopted by the Rockland County
Legislature 8-3-2021 by L.L. No. 4-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 394,
Wreckers and Towers, adopted 12-18-1979 by L.L. No. 9-1979; amended in its entirety 9-20-2016 by L.L. No. 3-2016
A.
It is the intent of the Legislature of Rockland County in enacting
this chapter to safeguard the public health, safety and welfare and
to protect the general public from unsafe practices by operation of
towing services and assure that consumers are protected from predatory
pricing practices by operation of towing motor vehicles registered
as passenger vehicles.
B.
In addition, the intent of this chapter is to assure that the vehicles
used are equipped with the appropriate safety items and carry appropriate
insurance to protect the general public and the operator and employees
of the towing entity. The rates for towing services regulated by this
chapter shall only apply to nonconsensual tows as defined herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A person applying to hold a license to perform nonconsensual
tows.
The Board of Towers as defined in § 394-4 of this chapter.
To clamp, affix or lock a booting device onto the wheel of
a motor vehicle to prevent the wheel from rotating, thereby immobilizing
the vehicle.
The Director of County of Rockland's Office of Consumer
Protection.
The license to perform nonconsensual tows provided for in
this chapter.
A person that has received the license required by this chapter.
The transportation of motor vehicle by a tow truck if such
transportation is performed without prior consent or authorization
of the owner or operator of the motor vehicle.
Any natural person, firm, partnership, corporation, limited-liability
company or any other legal entity able to conduct business in New
York State.
A person using a wrecker or tow truck to pick up or drop
off a motor vehicle.
To use a tow truck to move a motor vehicle. This shall also
include booting vehicles, and the storage of towed vehicles.
A motor vehicle, under 26,000 pounds GVW (gross vehicle weight),
intended for the purpose of towing, wrecking, transporting, conveying,
or removing a motor vehicle. This includes a wrecker under 26,000
GVW.
Being in the business of, or providing the service of, towing
or wrecking vehicles. Such a service also includes booting vehicles,
and the storage of towed vehicles.
In addition to any other powers or duties proscribed by law,
the Director may:
A.
Delegate any power or responsibility granted by this chapter to employees
of the Office of Consumer Protection.
B.
Direct staff of the Office of Consumer Protection to aid the Board
of Towers in its activities.
C.
Inquire into the qualifications and fitness of licensees and applicants
for licenses required by this chapter.
D.
Keep records of all licenses issued, refused, suspended or revoked.
E.
Conduct initial investigations of complaints filed with his office
with regard to violations of this chapter, or of rules or regulations
adopted hereunder. The Director shall have subpoena power to obtain
testimony and documents necessary for such investigation.
F.
Conduct hearings for the purpose of taking evidence and making determinations
regarding violations of this section or any rule or regulation adopted
hereunder. The Director shall have subpoena power to compel testimony
and production of documents necessary for such hearings.
G.
Issue violations, assess penalties, refer matters for criminal prosecution,
and cause impoundments to be conducted, to the extent described and
permitted by this chapter.
A.
Creation of the Board. There is hereby created a Board of Towers
consisting of nine members. The members of such Board shall be residents
of Rockland County, or shall have their principal place of business
in Rockland County, except that each member "at large" must be a resident
of the County.
(1)
Composition of the Board. Members shall be appointed by and shall
serve at the pleasure of the County Executive subject to confirmation
of the County Legislature, as follows:
(a)
The Director of the Office of Consumer Protection or a designee;
(b)
Two employees of a law enforcement agency for the County, or
any Town or Village in Rockland County;
(c)
Three persons licensed to conduct nonconsensual tows in Rockland
County or that have held such a license in the past, but none may
have had a license suspended or revoked at any time. Principals of
corporate, LLC or partnership licensees qualify under this capacity;
and
(d)
Three members of the public at large. Public at large members
must be persons who do not qualify under any other class of membership.
(2)
The Director of Consumer Protection, or the designee of the Director
serving on the Board, shall serve as Chairperson of the Board, and
shall be the sole member of the Board to be entitled to compensation.
B.
Powers and duties of the Board of Towers. The Board shall have the
following powers and duties in addition to those prescribed elsewhere
in this chapter:
(1)
To hold meetings at the call of the Chairperson and at such other
times as the Board may determine, but not less than quarterly.
(2)
To make determinations regarding the revocation and suspension of
licenses, and any other determination reserved to the Board by this
chapter. Every decision or determination of the Board shall immediately
be filed in the Rockland County Office of Consumer Protection and
shall be a public record.
(3)
Grant applications for towing licenses, tow truck registrations,
and to renew such documents upon their expiration.
(4)
To adopt rules and regulations in respect to procedure before it
and in respect to any subject matter where it has jurisdiction under
this chapter or any other law after a public hearing by the Board
and subject to the approval of the Legislature of Rockland County.
Upon adoption and approval of such rules and regulations they shall
be duly filed with the Clerk to the Legislature of Rockland County.
The application for a towing license to perform nonconsensual
tows shall be made to the Director on a form the Director prescribes.
In addition to any other information sought by the Director, the form
shall specify the following information, the truth of which shall
be stated by the applicant under penalty of perjury:
A.
Applicant information.
(1)
Identity of the applicant. The applicant may be a natural or non-natural
person. If the applicant is a non-natural person, the applicant must
identify a principal or other natural person, or legal representative
authorized to receive service of notices and legal process with an
office or residence in Rockland County.
(2)
Name and address. The name and address of the person submitting the
application and:
(a)
If a corporation, the name and address of each officer and director
thereof; and
(b)
If a partnership, the name and address of each partner thereof;
and
(c)
If a limited-liability company (LLC), the name and address of
each member thereof.
(d)
In the event a partner or member of the applicant is also a
LLC or partnership, then the identities of all descending members
and partners shall be disclosed until the identities can be sourced
to natural persons.
(3)
Criminal background. A complete list of all criminal convictions
within the prior five years, except minor traffic violations, of the
applicant and:
(a)
If a corporation, the convictions of each officer and director
thereof; and
(b)
If a partnership, the convictions of each partner thereof; and
(c)
If a limited-liability company (LLC), the convictions of each
member thereof.
(d)
In the event a partner or member of the applicant is also a
LLC or partnership, then the convictions of each descending member
and partner shall be disclosed until the identities can be sourced
to natural persons.
(4)
Driver's license. A copy of the applicant's valid New York
State driver's license with a towing endorsement, or other equivalent
driver's license.
(a)
If the applicant presents an out-of-state driver's license,
it must be valid for operation of a wrecker or tow truck in New York
State.
(b)
If the applicant is not a natural person, then a natural person
who is an employee of the applicant must be identified, and that person's
qualifying license must be presented with the application.
(5)
Proof of ability to conduct business in the New York State. If the
applicant is not a natural person, or is a natural person operating
under a trade name, the following shall be required:
(a)
A corporation must submit a copy of the filing receipt showing
the filing of the corporation with the State of New York, Secretary
of State. A certificate of good standing issued by the State of New
York, Secretary of State within 30 days of submission will also be
accepted.
(b)
A foreign corporation must submit a copy of the filing receipt
from the State of New York Secretary of State granting the corporation
the authority to do business in New York State. A certificate of good
standing issued by the State of New York, Secretary of State within
30 days of submission will also be accepted.
(c)
A domestic or foreign corporation with an assumed name must
submit a copy of the filing receipt from the State of New York Secretary
of State granting use of the assumed name in the county of Rockland.
A certified copy of a valid assumed name filing issued by the State
of New York, Secretary of State within 30 days of submission will
also be accepted.
(d)
A partnership, conducting business under a trade name, must
submit a copy of a fully executed partnership agreement and a certified
copy of a valid partnership certificate on file in the Rockland County
Clerk's Office. All information except partnership name, address,
partner's percentage of ownership, and signature page shall be
redacted.
(e)
An individual operating under a trade name must submit a certified
copy of a valid business certificate on file in the Rockland County
Clerk's Office.
B.
Proof of insurance. Each application or renewal shall be accompanied
by valid certificates of insurance.
(1)
Required insurance is as follows:
(a)
Automotive liability insurance in the amount as set forth in
§ 345(b)(3) of the New York State Vehicle and Traffic Law.
(b)
Garage liability insurance.
(c)
Garage keeper's liability insurance in a minimum of $75,000
per occurrence.
(d)
New York State worker's compensation insurance.
(e)
New York State disability insurance.
(2)
If an applicant has employees, all additional forms as prescribed
by the New York State Workers' Compensation Board must be submitted
before license is issued and/or renewed.
C.
Information with respect to the applicant's operation.
(1)
The location or locations of the premises of the applicant's
business.
(2)
The location or locations of the premises to which the licensee will
tow motor vehicles upon a nonconsensual tow and the maximum number
of vehicles to be stored at each location. Each location shall be,
and remain in compliance with the applicable zoning codes.
D.
With respect to applicant's tow trucks:
(1)
The year, make, type, and registration number of each tow truck operated
by the applicant or the applicant's employees or agents, and
a copy of a valid state vehicle registration for each.
(2)
The name and address of the title owner of the tow truck. If a tow
truck to be used in an applicant's business is owned by a person
other than the applicant, a copy of a written lease or other agreement
by which the applicant has use of the vehicle must be provided.
(3)
Each registered tow truck shall be subject to an inspection by the
Director to determine its fitness for towing.
E.
Issuance of towing licenses and registrations for tow trucks.
(1)
Upon submission of the required information and documents to the Director, the Director shall make a determination as to whether or not to grant a license to conduct nonconsensual towing in Rockland County. That determination may consider the factors set forth in § 394-8, or the nonpayment of fines or penalties. Each license shall be valid for the period set by the Director.
(2)
Upon issuance of a license, the Director shall issue a registration
decal for each vehicle identified on the application.
(a)
If during the time a license is effective, a licensee puts a new tow truck into service to conduct nonconsensual tows, a decal shall be issued for that vehicle upon the licensee's submission of the information and inspection required by Subsection D, above.
(b)
In the event that a licensee sells or otherwise disposes of
a registered vehicle, or the vehicle's state inspection is failed,
or the state vehicle registration is permitted to lapse, the licensee
must notify the Director within 10 days. Under the circumstances set
forth in this subsection, the Director may cancel the towing registration
for that vehicle and require that the decal be removed from it.
F.
With respect to employees and agents of applicants, apart from an
applicant that is a natural person, no employee or agent of a licensee
shall be required to be licensed or registered under this law to perform
nonconsensual tows.
Upon expiration, any license issued hereunder may be renewed
by the Director. An application for renewal shall require:
A.
Submission of a renewal application to the Director, on the form prescribed by the Director, including the deletion or addition of business locations and tow trucks; presentation of renewal insurance certificates as required by § 394-5B hereof; and copies of the current state vehicle registrations for each vehicle having or requiring a towing registration decal.
B.
The Director may, within 30 days after the submission of all items required by this chapter, deny the renewal of any license if it finds that the applicant no longer demonstrates the ability to comply with the terms of this chapter, the factors set forth in § 394-8, or upon failure to pay any outstanding penalty or fine.
(1)
If a nonrenewal is based on a prior adjudication by the Board (e.g.,
in a case of a license suspension or revocation or similar issue),
no new hearing on the same issues raised previously shall be required
before nonrenewal takes effect.
(2)
If a nonrenewal is based upon facts not previously subject to an
adjudication, other than failure to apply for renewal or non-payment
of fees or penalties, then the Director shall only refuse renewal
after notice and hearing. Any license subject to nonrenewal under
such circumstances shall remain valid until all administrative proceedings
are concluded.
(3)
If the Director fails to take action on an application within 30
days, the application for renewal shall be deemed granted.
C.
In the absence of a pending application for renewal, after the expiration
date of the license, the license shall be deemed expired and any vehicles
registered with the Board shall no longer be deemed registered.
D.
Time to renew licenses. To be considered timely, application for
renewal is to be made 15 to 30 days prior to the date of expiration.
A renewal application shall not be deemed submitted unless it is accompanied
by all required fees, information, and documentation. No application
for renewal shall be accepted more than 30 days prior to the expiration
date.
E.
Late application for renewal. A late application for renewal made between 14 days prior to expiration and 60 days following expiration. A late renewal application is not fully submitted unless it is accompanied by all required fees and documentation. Failure to submit a renewal application by the sixtieth day following expiration of a license will require the submission of a new application as required in § 394-5.
No license or registration required by this chapter may be transferred
or assigned from one person to another without the prior approval
of the Board.
In addition to any penalties which may be imposed for the violation
of any provision of this chapter, after written notice and a hearing
by the Board of Towers, a license may be suspended, or revoked for
any of the following reasons:
A.
Fraud or willful and knowing misrepresentation or false statements
made in an application for a license.
B.
Fraud or willful and knowing misrepresentation or false statements
made in the conduct of any wrecking or towing service.
C.
Failure to maintain insurance in the amounts required by this chapter.
D.
Violation of any provision of this chapter or any rule or regulation
adopted hereunder.
Towing services performing nonconsensual tows, and each tow
truck performing nonconsensual tows, must meet the following requirements,
A.
The full legal name of the licensee and license number must be either
painted or otherwise permanently affixed on both sides of each registered
tow truck. Magnetic devices are prohibited. All lettering setting
forth the licensee's full legal name shall be at least six inches
in height.
B.
Licensees must notify the Director of any change or control in ownership,
management, business name, location or person whose qualifications
were the subject of review and approval by the Director or the Board
within 10 days of such a change.
C.
Each tow truck performing nonconsensual tows shall be registered
with the Director.
(1)
A decal issued by the Director upon registration of the vehicle for
nonconsensual towing must be displayed on each vehicle.
(2)
The decal shall be displayed on the vent window of the driver's
door of each registered vehicle. If the tow truck does not have a
vent window, the decal shall be displayed on the upper front portion
of the driver's door window of the tow truck in such a way as
to not impair the driver's vision.
D.
At all times, every registered tow truck must carry a fire extinguisher
rated for combustible liquid fire by the National Board of Fire Underwriters,
six highway flares, a safety chain, a street broom and shovel, cable
in the minimum amount of 50 feet and a minimum strength of 3,700 pounds,
and flashers and emergency lights as set forth in the Vehicle and
Traffic Law.
E.
Towing services conducting nonconsensual tows must own or lease at
least one location within the County of Rockland to which towed vehicles
will be taken. Premises to which vehicles are taken shall be open
for pick-up for at least 35 hours per week. Regular business hours
must be prominently posted at the location in a place accessible by
the public and honored by the licensee.
F.
At all times, one copy of the license shall be kept in each registered
tow truck, and another copy shall be prominently displayed, in an
area open and visible to the public, at each of the licensee's
business locations in Rockland County.
G.
Towing services conducting nonconsensual tows must, at all times maintain the insurance required by § 394-5B. Upon expiration of an insurance policy, a licensee is responsible for submitting updated valid certificates of insurance to the Director within 10 days from the expiration date noted on the certificate previously submitted and on file.
H.
Availability of schedule of charges; responsibility for payment of
fees.
(1)
Each towing service conducting nonconsensual tows, and each operator
of a tow truck conducting nonconsensual tows, shall have a written
schedule of all regulated rates and charges and shall provide the
schedule to any person upon request.
(2)
A link to a website containing the current rates and fees permitted
by this chapter, and the telephone number of the County of Rockland
Office of Consumer Protection, identified as such, shall be prominently
provided on each bill or invoice containing charges for a nonconsensual
tow or booting, in twelve-point type or equivalent.
I.
Notice to law enforcement.
(1)
Within one hour after starting a nonconsensual tow of any motor vehicle
registered as a passenger vehicle, towing services must notify the
appropriate law enforcement authority of the year, make, model, and
license plate state and number of each motor vehicle that has been
towed. Such notice shall also include the location from which the
vehicle is removed, and the location to which it will be or has been
taken.
(2)
An impound sheet must be provided to law enforcement within two hours
of completing a nonconsensual towing service that moves a vehicle.
The following acts are prohibited. No person that conducts nonconsensual
tows shall:
A.
Conduct a nonconsensual booting or towing from a location within
the County of a vehicle registered as a passenger vehicle without
the license required by this chapter.
B.
Engage in a nonconsensual tow of a vehicle registered as a passenger
vehicle with any vehicle that is not registered with the Director,
or that does not display the appropriate registration decal.
C.
Willfully fail to comply with any part of this chapter, or any order,
demand or requirement made pursuant to provisions of this chapter,
by the Board, the Director or other authorized person.
D.
Willfully fail to provide an itemized bill for any regulated activity
to the Director upon the Board or the Director's request.
E.
Willfully make a false statement as to a material matter in any proceeding
with respect to the refusal, suspension, or revocation of a license,
or in any response to any order, demand, or inquiry by the Board or
the Director with respect to a license.
F.
Conduct a towing service that performs nonconsensual tows in any
name other than the one in which the wrecking or towing service is
licensed.
G.
Refuse, fail, or neglect to pay or comply with any judgment arising
out of any towing activity entered in any court of competent jurisdiction,
within 60 days after the entry of such judgment, or within 60 days
after the disposition of any appeal from it, or within 60 days after
the expiration of any period during which an appeal or further appeal
may be taken from it, whichever is later.
H.
Advertise or hold oneself out as being licensed to conduct nonconsensual
tows in Rockland County without possessing the license required by
this chapter. All advertisements for towing services shall that conduct
nonconsensual tows shall prominently state the licensee's towing
license number.
I.
Interfere with, obstruct, or refuse to allow any employee or authorized
representative of the Office of Consumer Protection: while in the
discharge of official duties or business; to enter upon and inspect
any premises, place, or thing regulated by this chapter.
J.
Charge a fee for services or impose any other charge whatsoever for
regulated services, in addition to in in excess of those permitted
by this chapter and any attendant regulations.
K.
Tow a car which is legally parked in designated handicapped parking,
unless directed by law enforcement.
L.
Prohibit a vehicle owner, as ownership is indicated on the vehicle's
registration, from removing personal property from a motor vehicle
either prior to or subsequent to towing of the motor vehicle at any
time during business hours. Such personal property shall not include
any part of the vehicle itself, including radios or aftermarket equipment.
M.
Tow or remove, or cause to be towed or removed, any motor vehicle
registered as a passenger vehicle from a location in Rockland County
to a location outside Rockland County without the express consent
of the owner thereof, except that:
(1)
If a such a vehicle remains unclaimed at the premises of the owner
or operator of a wrecker or tow truck for more than 20 days, then
the motor vehicle may be moved by the towing service to a location
outside Rockland County.
(2)
At least five days prior to removing a vehicle from the County the
owner of such motor vehicle shall be notified by certified mail, return
receipt requested, of the intent to remove such motor vehicle to a
location outside Rockland County and the address of the location.
N.
Tow a vehicle from private property except under the following conditions:
(1)
No towing service shall nonconsensually tow a motor vehicle registered
as a passenger vehicle from private property except at the express
written request of the owner or lessee of the property.
(2)
A property owner or lessee may designate an agent to authorize a
nonconsensual tow. No such agent may be an employee or agent of a
towing service.
(3)
Where the property is a parking lot open to the general public, it
must be prominently posted as a tow-away zone, including the conditions
of its permissible use by the public. Such posting shall prominently
display the contact information for the tower, including but not limited
to the towing service's licensed name and contact telephone number.
(4)
Law enforcement exception. The requirements of this subsection shall
not apply to towing requests by law enforcement officers or agencies.
O.
Violate any other requirement or proscription of this chapter or
the rules or regulations that implement this chapter.
Any person who conducts a nonconsensual tow or booting without
the licenses or registrations required by this chapter are subject
to the following penalties, in addition to any other penalty or relief
permitted by law:
A.
Any willful or negligent failure by any person to comply with the provisions of § 394-10A or H shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000, or imprisonment for a period not exceeding one year, or by both such fine and imprisonment. The continuation of any offense shall constitute a separate and distinct misdemeanor hereunder for each day the offense is continued.
B.
Any person who, with intent to defraud or deceive, knowingly makes
a false statement in securing a license, or in any proceeding with
respect to the refusal, suspension, or revocation of a license, or
in any response to any order, demand, or inquiry by the Board or by
the Director with respect to a license or with respect to any towing
estimate, bill or contract shall be guilty of a Class A misdemeanor,
punishable by a fine not exceeding $1,000, or imprisonment for a period
not exceeding one year, or by both such fine and imprisonment.
C.
The Director, as designated herein, and his employees shall have
the power to issue appearance tickets as the same are defined in Article
150 of the Criminal Procedure Law.
In addition to any other relief provided for in this chapter,
the Director may impose civil penalties, after an administrative proceeding,
as follows:
A.
A civil penalty not to exceed $500 for the first offense; and up
to $1,500 for the second or further offense within a year of the first
offense, for any willful or negligent failure by any person to comply
with any provision of this chapter.
(1)
Each failure to comply with one or more separate and distinct provisions
of this chapter shall constitute a separate and distinct failure to
comply, for each of which the Director may issue a separate and distinct
civil penalty.
(2)
The continuation of any failure to comply shall constitute a separate
and distinct failure to comply for each day the failure is continued.
B.
The Director may, with the consent of the County Executive, commence
a civil action in any court of competent jurisdiction to collect any
civil penalty assessed pursuant to this subsection that remains unpaid
for more than 30 days after the service of the Director's determination,
unless an appeal is filed with the Board of Towers are permitted by
this chapter.
C.
Nothing herein contained shall prevent the Director, as designated
herein, his designees, the Board, or other employee of the county
designated by the Board from proceeding to enforce the requirements
of this chapter by any one or any combination, successively or simultaneously,
of the following: criminal proceedings; civil penalty; or civil action
for injunctive, declaratory, monetary, or other relief.
In addition to any other relief provided for herein, any person authorized by this section may impound the equipment used by a person not in possession of the licenses and registrations required by this Chapter, upon a violation of the prohibitions of § 394-10A or H as follows:
A.
Authority to impound. Any police officer or authorized officer, employee or agent of the Office of Consumer Protection, may seize and impound any vehicle, tool or other implement, which such enforcement officer has reasonable cause to believe is being used in connection with a violation of § 394-10A or H.
B.
Notice of impoundment.
(1)
Any person from whom a vehicle, tool or implement has been seized
and impounded pursuant to this subsection shall receive a notice of
impound for operating without a license.
(2)
The notice shall be delivered to the person that possessed the impounded
property at the time it was seized. If the person possessing the property
at the time of the seizure cannot be identified, notice shall be delivered
to any identifiable owner, lessee, or possessor, as soon as practicable.
(3)
The notice shall describe how and when the vehicle, tool or implement
may be reclaimed.
(4)
If the person from whom a vehicle is seized is not the registered
owner of the vehicle, separate notice shall be provided by overnight
mail to the registered owner of the vehicle.
C.
Holding of impounded property. Any vehicle, tool or implement seized
and impounded pursuant to this subsection shall remain in the custody
of the department or agency of the police officer or authorized officer,
employee or agent who impounded the vehicle, tools or other implements.
D.
Pre-hearing release of impounded property. Any property seized and
impounded pursuant to this section may be released to the owner of
such property prior to the hearing provided in this section.
(1)
Bond for release. To obtain pre-hearing release of property the owner
of the property must post an all-cash bond in a form satisfactory
to the Director in an amount sufficient to cover:
(a)
The maximum civil penalties which may be imposed for the violation
of operating without a license underlying the seizure and impoundment;
and
(b)
All reasonable costs for removal and storage of such vehicle,
tool or implement;
(c)
In the case of a vehicle, presentation of proof of ownership
or authorization from the owner of the vehicle as ownership is defined
by New York State Vehicle and Traffic Law § 388; or
(d)
In the case of a tool or other implement or equipment, proof
of ownership or authorization by the owner satisfactory to the Director.
(2)
Preliminary hearing.
(a)
Within two business days of receipt of a written request on
a form satisfactory to the Director from the owner of impounded property,
the Director shall hold a hearing to determine if there was reasonable
cause to seize and impound the property.
(b)
In the event the Director determines that there was not reasonable
cause to impound the property, the property shall promptly be released
to its owner upon delivery of written proof of ownership.
E.
Post-impoundment hearing. When vehicles, tools, or equipment is impounded,
the Director shall commence a hearing to adjudicate the violation
of operation without a license within five business days after the
date of such seizure and impoundment.
(1)
The Director shall render his or her determination immediately following
the conclusion of such hearing.
(2)
Contents of a determination in the case of impound.
(a)
The Director's determination shall include a finding as
to whether or not the impounded property was used in connection with
such violation.
(b)
If appropriate, a finding as to whether the owner of such property,
if not the person served with the notice of impoundment at the site
of the seizure, permitted the use of such property under circumstances.
(c)
It shall be a rebuttable presumption that such owner knew or
should have known that such property would be used in violation of
the licensing requirements of this chapter.
(3)
If the property impounded is released to the owner of said property
pursuant to a pre-hearing bond or hearing finding, any hearing concerning
the underlying violation may be rescheduled to a later date within
a reasonable time.
F.
Release of impound upon finding of a violation. Following an adjudication
that has resulted in a determination that there has been a violation
of the licensing requirements of this chapter, the property was used
in connection with unlicensed activity may only be returned upon payment
of:
G.
Release of impound when vehicle tool or equipment was not used in
the violation. After adjudication of the violation underlying the
seizure, if the Director finds that the vehicle, tool or other implement
was not used in connection with unlicensed activity under the provisions
this chapter, the Office of Consumer Protection shall promptly cause
such vehicle, tool or other implement to be released to its lawful
owner. If applicable, the Department of Consumer Protection shall
also promptly return any cash bond posted to secure a pre-impoundment
release of the impounded property.
H.
Release of impound where violation served on another or no violation
is found. In the event that the owner of the impounded property was
not the person who was served with a notice of impound; or found to
be in violation of the licensing requirements of this section, all
property shall be released to the owner immediately.
I.
Abandoned property. In the event that property impounded pursuant
to this subsection is not released to its owner due to the owner's
failure to respond to the notice of violation and appear at three
hearing dates scheduled at least one month apart, said property will
be considered lost and abandoned property, the disposition of which
is governed by New York State law under Personal Property Law § 253.
A.
Any person aggrieved by the assessment of any civil penalty or impoundment
by the Director may appeal to the Board of Towers within 30 days after
receipt of the Director's determination. The appeal shall be
in a form required by the Board. The filing of an appeal shall stay
any act of the Director unless otherwise directed by the Board.
B.
The Board may conduct any hearings or investigations it deems necessary
and consider such evidence it deems necessary in order to review the
matters set forth in the Director's determination.
Any person aggrieved by a determination of the Board made pursuant
to this chapter shall have the right to appeal to a panel of County
Legislators, as follows:
A.
Any person aggrieved by the action of the Board may take an appeal
therefrom to the Rockland County Legislature within 30 days after
the Board's determination has been filed with the County Office
of Consumer Protection.
B.
The Board shall transmit to the Clerk of the Legislature and, by
personal delivery or by first-class mail serve upon the appellant,
a copy of the recorded proceedings and a copy of all the papers constituting
the record upon which the action appealed from was taken.
C.
An appeal, except from an action of the Board in refusing to issue
a license or renewal thereof, stays all proceedings in furtherance
of the action appealed from, unless the Board certifies to the County
Legislature after the notice of appeal shall have been filed, that
by reason of facts stated in the certificate a stay would, in its
opinion, cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the appeal panel of the County Legislature.
D.
The County Executive, subject to confirmation by the County Legislature,
shall designate three members of the legislature as an appellate panel
to hear the appeal.
E.
A time shall be fixed for the hearing of the appeal, and notices
of the hearing shall be mailed to the appellant and the Board at least
20 days before the hearing. Upon the hearing any party may appear
in person or by agent or by attorney. The appellate panel may reverse
or affirm, wholly or partly, or may modify the decision or determination
or action appealed from and shall make such decision or determination
as, in its opinion, ought to be made in the premises and to that end
shall have the powers of the Board from which the appeal is taken.
F.
Said appeals shall be by hearing de novo at which the proceedings
of and the evidence presented at the hearing before the Board shall
be considered, together with such other evidence offered by the appellant
or the Board that the three members of the legislature hearing the
appeal deem relevant to the issues decided by the Board.
G.
All exhibits proposed by the appellant or the Board to be submitted
as evidence at the hearing of the appeal shall be filed with the clerk
to the legislature by personal delivery or by first-class mail served
upon the other party at least seven days prior to said hearing.
H.
Any person or persons aggrieved by any decision made upon an appeal
to the Legislature may apply to the Supreme Court for review by a
proceeding under Article 78 of the Civil Practice Law and Rules. Any
such proceeding must be commenced within 30 days after filing the
decision in the office of the Clerk to the Legislature.
This chapter does not apply to any nonconsensual tow where the
tower is a municipality or the vehicle conducting the tow is owned
and operated by a municipality.
Notwithstanding any other provision of this law, all towing
licenses and registrations in effect on the date this chapter becomes
effective shall remain valid until the current date of expiration.
However, all standards of care and obligations applicable to nonconsensual
towers shall apply immediately.
