[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 9-1-2021 by L.L. No. 8-2021.[1] Amendments noted where applicable.]
A.
It is the intention of this chapter of the Village Code to allow
the Village of Ossining, through its Police Department, to supervise
and administer the removal of vehicles from the public highways of
the Village that are disabled, abandoned, or otherwise need to be
removed via a tow truck operator's permit list from which the Police
Department will call and request services on a rotating basis. This
chapter only applies to tow trucks called into service by the Village
of Ossining.
B.
It is hereby declared and found that it is of vital importance to
the traveling public that disabled, abandoned and other vehicles subject
to being impounded are removed from the roadways and highways as promptly
as possible, that delay in removal results in restricting the movement
of traffic unnecessarily and causes street accidents. The towing of
disabled motor vehicles from the roadways and municipal parking lots
of the Village of Ossining is a matter affecting the public interest
and consequently should be subject to supervision and administrative
control for the purpose of safeguarding the public against traffic
problems and confusion at the scene of accidents, fraud and exorbitant
rates and similar abuses. The Village Board of Trustees believes that
establishing a tow list for use by the police can accomplish this
purpose.
C.
It is the intention of the Board of Trustees to establish a fair
and uniform regulation and procedure for the towing of vehicles. The
following issues have been taken into consideration in the development
of this chapter:
(1)
The needs of the public. To meet the needs of the public, the business
practices on the part of private towing companies acting at the direction
of the Police Department must be regulated. Towing companies who wish
to participate in the Village towing program must demonstrate that
they can give prompt, safe, and professional service. The community
needs tow operators who are competent and able to respond to calls
within a minimum of time delay. This requirement mandates an appropriate
administrative response to deal with those towing agencies which do
not provide services which meet Village standards.
(2)
The needs of the towing industry. The needs of the towing industry
must be met by providing them with a consistent system for the equitable
distribution of tow calls within the Village. This provides the towing
industry with clear and precise requirements for continued service
to the community. This chapter also allows for a fair and equitable
means to resolve disputes between tow operators.
(3)
The needs of the Police Department. The needs of the Police Department
must be met by providing for a clear procedure for contacting towing
companies.
(4)
Notwithstanding the foregoing, an owner or operator of a vehicle
subject to towing may select the tow operator of his/her choice with
the caveat that the responding police officer has the ultimate authority
as to which tow operator shall respond.
As used in this chapter, the following terms shall have the
meanings indicated:
Any incident or occurrence in which one or more motor vehicles
contact each other or another object, thereby causing personal injury
and/or property damage.
Any private passenger motor vehicle or vehicle included in
the definition of "automobile" under the New York State Vehicle and
Traffic Law.
Any vehicle for which towing is necessary because of an accident
or for which towing is necessary because of the vehicle's inability
to proceed under its own motor power due to reasons other than an
accident.
Any instances where a fee, charge or other consideration
is directly or indirectly imposed for towing, carrying, impounding,
recovering or removing a vehicle.
The gross vehicle weight rating of a tow truck, consisting
of the weight of the unladen tow truck plus the maximum carrying capacity
recommended by the vehicle's manufacturer.
An area where towed vehicles may be legally stored pursuant
to the laws of the Village of Ossining, including, but not limited
to, the Village's zoning code, and which facility is owned or leased
by the tow truck operator permittee.
Includes a person owning, leasing or controlling one or more
tow trucks and operating or causing such tow trucks to be operated
on public highways for hire.
Includes an individual, partnership, an unincorporated association,
corporation or other entity.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
The list created and maintained by the Ossining Police Department
consisting of tow truck companies authorized to tow vehicles on behalf
of or at the request of the Ossining Police Department.
A motor vehicle that tows or carries a disabled, illegally
parked, or abandoned vehicle or a vehicle involved in an accident.
Any person driving a tow truck for hire.
Permit issued by the Village of Ossining Clerk identifying
the individual as one who is licensed to drive a tow truck on behalf
of or at the request of the Ossining Police Department.
A person who applies for and receives from the Village of
Ossining Clerk a permit to engage in the business of towing and/or
storage of vehicles.
Permit issued by the Village of Ossining Clerk identifying
the person as authorized to perform as a tow truck operator to tow
vehicles on behalf of or at the request of the Ossining Police Department.
The moving, removing or recovering of a vehicle by another
vehicle for hire.
A motor vehicle as defined in § 125 of the Vehicle
and Traffic Law, a tractor as defined in § 151-a of such
law or a trailer as defined in § 156 of such law.
The act of utilizing a motorized cable on a tow truck to
pull a vehicle for any purpose, including, but not limited to, aligning
a vehicle that is sideways, overturned, off road in a ditch or embankment,
a vehicle that is locked in a parking lot with no keys available or
a vehicle that has suspension or axle damage which will not allow
the vehicle to roll off a flatbed truck. Winching shall not apply
to vehicles being pulled onto a tow truck from the street.
The Ossining Police Department may direct that a vehicle be
towed from a public highway for the following nonexclusive reasons:
A.
Public emergency when a vehicle is impeding emergency services that
require the public right-of-way to be unobstructed, such as firefighting,
emergency medical services, snow storm, flooding or flood remediation.
B.
Abandoned or inoperable vehicles; vehicle operated by a driver who
is incapable of driving due to illness, injury, suspension, revocation,
driving while impaired from drugs or alcohol or having no license
and such vehicle is deemed by the responding police officer to be
a hazard to the public and no other appropriate driver has the consent
of the owner to drive the vehicle.
C.
Illegally parked vehicles.
D.
Vehicles which cannot be safely moved as a result of an accident.
E.
Unattended vehicles causing an obstruction to traffic.
F.
An abandoned vehicle with no discernable registration or identification.
G.
A vehicle seized pursuant to Vehicle and Traffic Law § 511-b.
H.
A stolen vehicle and/or a vehicle that is evidence in a criminal
proceeding.
I.
A vehicle that obstructs street maintenance operations.
J.
A vehicle that is determined to be illegally registered, defective
or unsafe to operate.
A.
No person shall engage in the business of towing or storing vehicles
at the direction of the Ossining Police Department without first obtaining
a tow truck operator's permit from the Village of Ossining Clerk.
Persons who operate multiple tow trucks may not apply for multiple
tow truck operator permits through use of DBAs or other means. Nothing
herein shall require a permit for the rendering of road service or
providing of towing and storage services within Village of Ossining
other than at the request of the Ossining Police Department.
B.
Any driver seeking to drive a tow truck for a tow truck operator
who has received a permit from the Village of Ossining Clerk must
obtain a tow truck driver's permit from the Clerk as detailed herein.
C.
The Village Clerk shall forward all complete applications to the
Chief of Police or designee. The Chief of Police or designee shall
have sole discretion in deciding which applicant will be awarded permits
as tow truck operators and tow truck drivers.
A.
Applicants for a tow truck operator's permit under this chapter shall
file with the Village Clerk a sworn application on a form to be furnished
by the Clerk including the following information:
(1)
The full name and address of the applicant. If the applicant is a
corporation, it shall provide the names and addresses of all officers
and directors, the registered agent and the names and addresses of
stockholders owning more than 10% of the issued stock. If the applicant
is a partnership, it shall provide the names and address of the partners.
If the applicant is a limited-liability company, it shall provide
the names and addresses of the officers and directors. For an unincorporated
association, the application shall include the names and addresses
of each member thereof.
(2)
The year, make and model of each tow truck proposed to be used by
the operator, vehicle identification number, registration number,
name of registered owner, proof of current inspection and proof of
current insurance.
(3)
The address where the tow trucks shall be regularly garaged, the
telephone number(s), names, addresses and proof a valid New York State
driver's licenses with appropriate endorsements for all tow truck
drivers.
(4)
The location, size and security features of the storage facility
in which the towed vehicles will be stored, including the number of
available spaces. Impound/storage facilities may be indoors or outdoors
and capable of holding up to six cars. The impound/storage facility
shall meet the following requirements:[1]
(a)
The impound/storage facility complies with applicable laws and
codes, including the Village's zoning code;
(b)
The impound/storage facility if located outdoors, shall be paved
and provide drainage and be surrounded by a six-foot gated fence screening
the vehicles held therein from view; and
(c)
The property where the impound/storage facility is located shall
be owned or leased by the applicant. Proof of ownership or an executed
lease agreement shall be provided.
(5)
Show reasonable measures to prevent theft and/or damage to stored
vehicles.
(6)
The name and address of the insurance carriers and the policy numbers of all insurance policies as required by § 247-7 of this chapter.
(7)
A certification that on-call towing and storage services will be
available 24 hours per day, every day of the year.
(8)
A certification that the fees and procedures required by this chapter
shall be complied with at all times.
(9)
All crimes, if any, of which the applicant, member, officer, director
or shareholder have been convicted, stating the name and location
of the courts in which convicted, the dates on which such convictions
were had and penalties imposed.
(10)
Whether the applicant wants to appear on the Village's tow rotation
lists.
(11)
Such other information as the Chief of Police may reasonably
prescribe.
B.
The application for a tow truck operator's permit shall be accompanied
by a fee as determined, from time to time, by the Board of Trustees
which fee will be published in the Village's annual fee schedule.
C.
Tow truck operator permits are issued for one tow truck. If the operator
has more than one tow truck, multiple permits shall be obtained at
a fee determined, from time to time, by the Board of Trustees which
fee will be published in the Village's annual fee schedule.
A.
The Chief of Police may approve the issuance of a permit to a tow
truck operator where the following minimum standards are met:
(1)
The applicant does not have any criminal convictions or prior motor
vehicle infractions which might adversely affect public safety or
welfare. If an applicant has been convicted of a crime, any decision
by the Chief of Police regarding such applicant’s fitness for
a permit to a tow truck operator shall be made upon consideration
of New York Correction Law §§ 701 to 703-b, (Article
23) and §§ 751 to 753, (Article 23-A). Correction Law
§§ 701 to 703-b provide for certificates of relief
from disability and certificates of good conduct, and §§ 751
to 753 set forth New York’s public policy to encourage the licensure
and employment of persons previously convicted of one or more criminal
offenses and factors that should be considered in making such licensure
and employment determinations.
[Amended 8-21-2024 by L.L. No. 10-2024]
(2)
The applicant must own, lease, operate and maintain a facility for
impounding of vehicles within the boundaries of the Village of Ossining
such that the tow operator can respond to a call for service within
30 minutes of notification. If the applicant does not own the premises
where the storage facility is located, a written lease for the use
of the premises must be provided with the application. The storage
facility must be in compliance with all local zoning, building and
fire codes as certified by the Building Inspector or his/her designee.
(3)
The applicant maintains twenty-four-hour capability to answer emergency
calls regarding towing of motor vehicles. The applicant or one of
its employees shall be reachable by phone at all times at a designated
number(s). Applicants must respond to all calls for towing from the
Police Department on a twenty-four-hour-per-day basis, seven days
per week all year without exception.
(4)
The tow trucks and equipment are in safe and sound condition and
in compliance with all applicable laws, rules and regulations. All
applicants must meet minimum standards of operator performance, including,
but not limited to, standards concerning the adequacy of the applicant's
equipment and storage facility and availability.
B.
In addition to the minimum standards referenced above, all applicants
are subject to disqualification if found deficient in any of the following
areas:
(1)
The applicant provided false or inaccurate information on the application
form.
(2)
The applicant lacks experience and/or does not have good references
from prior customers of the applicant's towing and storage services.
(3)
The applicant lacks sufficient insurance coverage for damage or loss
of vehicles while under the applicant's control.
A.
Applicants for tow truck operator permits shall present with the
application documents confirming the following insurance coverages:
(1)
New York State workers' compensation with statutory coverage, including
employers' liability insurance with limits of liability of at minimum
$100,000 for each employee.
(2)
New York State disability insurance.
(3)
Comprehensive general liability insurance, including completed operations
coverage, personal injury liability coverage, broad form property
damage liability coverage, and contractual liability coverage insuring
the agreements contained herein. The minimum limits of liability carried
on such insurance shall be $1,000,000 per occurrence and $2,000,000
aggregate.
(4)
Automobile liability insurance for all vehicles utilized by the applicant,
whether owned or not owned by the applicant. The minimum limits of
liability carried for such insurance shall be $1,000,000 per person
and $1,000,000 per incident. Each applicant also shall be required
to carry an umbrella insurance policy for up to $3,000,000 to cover
any claims above the primary layers of coverage.
(5)
Garage keeper's liability insurance with a minimum limit of liability
of $1,000,000.
(6)
All policies of insurance provided by the applicant shall be endorsed
to contain the following clauses:
(a)
Insurers shall have no right to recovery or subrogation against
the Village (including its employees, agents, and elected officials),
it being the intention of the parties that the insurance policies
so effected shall protect both parties and be primary coverage for
any and all losses covered by the above-described insurance;
(b)
The clause "other insurance provisions" in a policy in which
the Village is named as an additional insured shall not apply to the
Village;
(c)
The insurance companies issuing the policy or policies shall
have no recourse against the Village for payment of any premiums or
for assessments under any form of policy; and
(d)
Any and all deductibles in the above-described insurance policies
shall be assumed by and be for the account of, and at the sole risk
of, the applicant.
(7)
Selected insurance companies must be admitted to do business in New
York and have a rating of A or better.
(8)
All applicants must furnish certificates of insurance to the Village
Clerk upon application for the permit, and with respect to policy
renewals, such certificates shall be provided at least 20 days prior
to the renewal date. All insurance policies shall include language
providing for 30 days' advance written notice before policy cancellation
or a material change in coverage shall be given to the Village of
Ossining Corporation Counsel, 16 Croton Avenue, Ossining, New York
10562.
(9)
The Village of Ossining and Ossining Police Department, including
employees and elected officials, shall be named as additional insureds
for the comprehensive general liability and automobile liability insurance
policies.
(10)
Any permit issued under this chapter shall be automatically
revoked upon expiration or cancellation of the required insurance
or if there is any material change in coverage which renders that
coverage not in compliance with the aforementioned requirements.
B.
Tow truck operator permit applicants shall submit with the application
a fully executed hold harmless agreement in a form satisfactory to
the Corporation Counsel. The applicant shall agree to indemnify and
save harmless the Village of Ossining, Ossining Police Department,
elected officials and employees from and against all claims, damages,
loss and expense (including, but not limited to, attorneys' fees)
arising out of or resulting from the permitted activity, sustained
by any person or persons, provided that any such claim, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury or destruction of property caused by the tortious
or negligent act or omission of the applicant, applicant's employees
and agents.
The Chief of Police is authorized to promulgate rules and regulations
for the proper and efficient administration of this chapter to supplement
the following requirements:
A.
The tow truck operator shall be able and willing to dispose of abandoned
vehicles in accord with Vehicle and Traffic Law § 1224 and
to prepare the necessary documentation for signature by a Village
representative for mailing to the vehicle's owner and lien holders,
with the cost of such mailing to be borne by the tow truck operator.
B.
The tow truck operator shall maintain records of tow truck calls
within the Village which records shall include the name and address
of the vehicle owner, the date and time of the notification call,
the location of the vehicle, the location of the storage facility
and the charge for towing and storage. These records shall be maintained
for 12 months and shall be available to the Police Chief or designee
when requested.
C.
On each side of every tow truck shall display by painting, magnetic
sign or other similar means the name, address and phone number of
the permittee by letters and numbers of not less than three inches
in height and of contrasting color to the tow truck.
D.
Allow for the retrieval of towed vehicles between the hours of 8:30
a.m. and 4:30 p.m. Monday through Friday. The tow truck operator may
make arrangements with the vehicle owner to retrieve the vehicle at
other times for an additional fee.
E.
The tow truck operator shall accept cash, debit card and at least
two major credit cards (Visa, MasterCard, American Express or Discover)
for payment to retrieve vehicles.
F.
Tow truck operators are not permitted to enter into any form of collusive
agreements with other permitted or nonpermitted tow truck operators
to cover for each other. A violation of this subsection shall be grounds
for revocation of the tow truck operator's permit(s) and removal from
rotational lists.
G.
No vehicle towed at the request of the Police Department may be released
without the owner obtaining a Police Department release form to be
presented at the time the vehicle is retrieved.
H.
Tow operators shall maintain equipment on the tow trucks for the
purpose of cleaning debris from the roadway and shall render such
service as required by Vehicle and Traffic Law § 1219(c).
All tow truck operators shall be responsible for reasonable environmental
cleanup of hazards, such as, but not limited to, motor oil, transmission
fluid, radiator fluid, etc. A tow truck operator called to the scene
of an accident involving serious injury or death or where a police
investigation is ongoing shall not remove or otherwise cause to be
disturbed any debris or move or reposition any vehicles until directed
by police personnel on scene to do so.
I.
Tow truck operators must own or lease a tow truck having a manufacturer's
gross vehicle weight rating (GVWR) of 10,000 pounds with dual wheels
and a four-ton minimum winching capacity. Each tow truck shall have:
(1)
In the absence of having a ramp truck (flatbed), dolly wheels (tires
with legal tread reading), snatch blocks, chains and nylon straps
for towing.
(2)
Broom shovel and a container to place debris into once it has been
picked up and such other items as necessary.
(3)
A supply of Speedy Dry and/or sand which the tow truck driver will
place upon fluids at an accident scene or as otherwise directed.
J.
The tow truck operator shall be responsible for the collection of
all fees for towing of any vehicle as requested by the Police Department.
Neither the Village of Ossining nor the Ossining Police Department
shall act as agent for the collection of any fees, nor shall the Village
or Police Department be held responsible in the event of nonpayment
of any moneys due to any tow truck operator as a result of services
performed under this chapter.
K.
A tow truck shall be permitted to operate under this chapter only
after the tow truck has been thoroughly examined and inspected. Such
inspections may be conducted by any police officer who is trained
and certified by the New York State Department of Transportation as
a commercial vehicle inspector or by an independent New York State
Department of Transportation certified commercial vehicle inspector.
The officer or inspector conducting the inspection shall report to
the Chief of Police whether the tow truck is in a safe and sanitary
condition. The Chief of Police shall not approve a tow truck operator
permit or, if approved, shall suspend the permit for any tow truck
found to be unfit for operation as a tow truck. Operation of a tow
truck in violation of the inspection requirement shall be punishable
by a maximum fine of $250 for a first offense; $500 for a second offense
occurring within six months of the first offense; and $1,000 for a
third or additional offenses occurring within 12 months of the first
offense.
L.
Each tow truck driver responding to a call from the Police Department
shall provide the owner or operator when on scene with a card with
the tow operator's business name, address, phone number, hours of
operation and a written summary of expected charges.
A.
No person shall drive a tow truck which tows vehicles within Village
limits at the request of the Police Department and no tow truck operator
shall permit a tow truck driver to tow vehicles within Village limits
without the driver having first obtained a tow truck driver's permit
from the Village Clerk and keeping such permit in full force and effect.
B.
Every tow truck driver's permit issued under this chapter shall be
effective on the date issued and shall expire on the last day of December
of that year unless previously revoked.
C.
All persons seeking tow truck driver permits shall file a written,
verified application with the Village Clerk providing the following
information:
(1)
Applicant's full name and current address as well as other places
of residence during the previous five years.
(2)
Full description of the applicant, including height, weight, color
of eyes and hair, distinguishing marks and any physical infirmities.
(3)
Whether the applicant is a citizen or legal resident of the United
States.
(4)
Provide acceptable proof that the applicant is 18 years of age or
older.
(5)
Confirm that the applicant is able to read and write the English
language.
(6)
Names and dates of previous employment for the five-year period before
the application.
(7)
Provide references from two individuals not related to the applicant.
(8)
All crimes of which the applicant has been convicted, stating the
date and place of each conviction; the court wherein which and the
date of conviction and the penalty imposed.
(9)
The number, class and date of issuance of the applicant's New York
State driver's license. Driver's license shall be CDL A, B, C or non-CDL
C class with a driver's license tow truck endorsement.
D.
The completed application will be forwarded to the Police Department
for processing.
[Amended 8-21-2024 by L.L. No. 10-2024]
A.
The Chief
of Police shall request from the State Division of Criminal Justice
Services and the Department of Motor Vehicles record checks as to
criminal and Vehicle and Traffic Law violations for applicants for
tow truck driver's permits. Every applicant for such permit shall
be fingerprinted at the request of the Ossining Police Department,
which fingerprints shall be forwarded by a third party vendor to the
State Division of Criminal Justice Services for processing. The applicant
shall tender the fee required by the State Division of Criminal Justice
Services and any third party vendor for such fingerprint processing.
B.
If an
applicant for a tow truck driver’s permit has been convicted
of a crime, any decision by the Chief of Police regarding such applicant’s
fitness for a permit shall be made upon consideration of New York
Correction Law §§ 701 to 703-b, (Article 23) and §§ 751
to 753, (Article 23-A). Correction Law §§ 701 to 703-b
provide for certificates of relief from disability and certificates
of good conduct, and §§ 751 to 753 set forth New York’s
public policy to encourage the licensure and employment of persons
previously convicted of one or more criminal offenses and factors
that should be considered in making such licensing and employment
determinations.
Upon the completion of the investigation by the Police Department,
the Village Clerk shall issue a tow truck driver's permit to the applicant.
The tow truck driver shall display his/her permit upon arriving at
the location from where the vehicle is to be towed.
A.
The Police Department shall maintain two rotational on-call towing
lists. The first list is for tow truck operators capable of towing
automobiles and light trucks up to 10,000 pounds GVWR. The second
list is for tow operators capable of towing vehicles in excess of
10,000 pounds GVWR. A tow truck operator may be on both lists. To
be included on the rotational on-call towing list, an applicant must
meet the requirements of this chapter.
B.
Calls to tow truck operators on the rotational on-call list shall
be made on a nondiscriminatory basis pursuant to procedures established
by the Chief of Police. Nothing herein shall prohibit the Chief of
Police or designee from calling a tow truck operator out of sequence
or seeking the services of a tow truck operator not on the rotation
list if the circumstances require special equipment or in the interests
of public safety. If the tow truck operator selected does not respond
to the scene within 30 minutes after notification from the Police
Department, the police officer on scene shall so advise the Police
Department dispatcher who shall summon the next tow truck operator
on the rotational on-call list. The tow truck operator who failed
to respond shall be placed at the bottom of the rotation list.
C.
A towing log shall be maintained by the Police Department. The individual
responsible for contacting the tow truck operator from the rotational
on-call towing list shall log all calls to the tow truck operator.
The log shall include the tow truck operator's name, time of call,
blotter number associated with the event requiring a tow and whether
the tow truck operator responded. Upon the tow truck operator's response
to the scene, the responding police officer will so advise the responsible
person at the Police Department.
D.
Current copies of the rotational on-call tow lists shall be made
available to the public at police headquarters and on the Village's
website.
E.
It shall be unlawful for a tow truck operator issued a permit by
the Village of Ossining to willfully refuse to tow away a vehicle
after having appeared on the scene, or to willfully fail to arrive
at the scene after being duly called regardless of the hour of the
day or distance to the scene of the requested tow. The tow truck operator's
failure to answer a call for service or refuse to answer a call for
service on three occasions within three consecutive months shall result
in a suspension from the rotational on-call tow list for no more than
90 days.
F.
Nothing in this chapter shall prevent a vehicle owner from choosing
to call a tow truck operator that is not on the Village's rotational
on-call tow lists; provided, however, that should that tow truck operator
be unable to respond in a reasonable period of time and if the police
officer on scene has bona fide safety concerns, the police officer
may supersede the owner's intention and call a tow truck operator
from the rotational on-call tow list.
G.
Police officers shall not recommend a particular tow company. Where
the owner or operator of the disabled vehicle requests the name of
a tow company, the responding police officer shall inform the owner
or operator that the Police Department maintains a rotational on-call
tow list comprised of certain tow truck operators all of which have
met certain criteria thus offering the companies the opportunity to
be utilized for towing calls.
H.
If more than one tow truck operator is needed to tow vehicles from
a scene, the Police Department shall contact the next tow truck operator
on the rotational on-call tow list. The first tow truck operator to
arrive at the scene of a multivehicle accident shall have preference
of choice as to which vehicle to tow if the owner/operator agrees.
The responding police officer may override the first responding tow
truck operator if necessary.
A.
The fee for towing and storage of vehicles removed at the direction
of the Police Department shall be set, from time to time, by the Board
of Trustees and published in the Village's annual fee schedule.
B.
Storage charges shall not be imposed if the towed vehicle was stolen
and the fact that the vehicle was stolen was reported to a police
agency. However, the owner of a vehicle reported as stolen will be
responsible for towing fees incurred.
C.
It shall be unlawful for any tow truck operator or tow truck driver
to demand or receive any payment in excess of the charges in the Village's
published annual fee schedule.
A.
Investigation.
(1)
In the event the Village receives a complaint regarding any alleged
excessive or exorbitant fee and/or substandard service, or otherwise
is in possession of information indicating that a tow truck operator
or tow truck driver is not in compliance with the terms and conditions
of this chapter, the Village shall have a right to investigate and
take appropriate action.
(2)
The Chief of Police or designee shall be responsible for conducting
the investigation into complaints involving tow truck operators and
tow truck drivers.
(3)
Upon completion of the investigation and substantiation of the complaint,
the Chief of Police or designee shall notify the permit holder, in
writing, of the complaint and the determination. The Chief of Police
shall afford the permit holder an opportunity to meet and discuss
the complaint and compliance measures.
B.
The Chief of Police or designee may deny, suspend or revoke any active
tow truck operator or tow truck driver permit for a violation of this
chapter or any other statute or ordinance or for any conduct involving
an unreasonable risk to the safety and welfare of specific individuals
or the general public. Notice of permit denial, suspension or revocation
and the reason(s) therefor shall be served by the Chief of Police
or designee upon the person named in the permit either personally
or by registered/certified mail with return receipt requested. Mailing
shall be to the same address given in the permit or application. If
a permit is revoked, no refund of any portion of the permit fee shall
be made.
C.
An application can be denied for any of the reasons listed herein.
Additionally, the Chief of Police or designee retains the right to
deny an application for any perceived conduct involving an unreasonable
risk to the safety or welfare of specific individuals or the general
public.
D.
A suspension of a permit by the Chief of Police or designee shall
be effective for 30 days starting from the date of notification to
the permit holder.
E.
Grounds for suspension and revocation.
(1)
No permit issued under this chapter shall be suspended or revoked
without cause. Cause shall include, but not be limited to:
(2)
Revocations. A permit shall be revoked by the Chief of Police upon
the occurrence of any of the following:
(a)
The conviction of two violations of this chapter within a twelve-month
period shall result in the revocation of the permit for one year.
(b)
The conviction of three violations of this chapter within a
twenty-four-month period shall result in permanent revocation of the
permit so that the permit holder may not reapply for a new permit.
(c)
Any suspensions and/or substantiated complaints within the twelve-month
period of the issuance of the permit.
(d)
Any three suspensions and/or substantiated complaints within
the twelve-four-month period of the issuance of the permit.
(e)
Knowingly filing a false application.
(f)
Any arrest or conviction of a permit holder for a criminal offense
committed by such person during or in relation to towing operations.
(g)
The suspension or revocation of a tow truck driver's New York
State driver's license by the New York State Department of Motor Vehicles.
(h)
Operation of a tow truck without the insurance required by this
chapter, operation for illegal purposes or operation otherwise in
violation of law.
F.
Review of denial, suspension or revocation. The Corporation Counsel
shall serve as the hearing officer to hear and decide appeals taken
by any determination made by the Chief of Police or designee which
denied, suspended or revoked a permit. Any applicant who shall have
been refused a permit or the holder of a tow truck operator or tow
truck driver permit whose permit has been suspended or revoked may
appeal to the Corporation Counsel for review of such denial, suspension
or revocation as set forth in this chapter. The failure of an aggrieved
party to take an appeal within 10 days of service of such denial,
suspension or revocation shall constitute a waiver of the right to
appeal. For personal service, service will be deemed effective upon
the date of service. For service by registered or certified mail,
service will be deemed effective three days after mailing. An appeal
shall be taken by filing with the Corporation Counsel a written appeal
statement providing the applicant or permit holder's name, address,
email address, phone number and contact information for the applicant
or permit holder's representative, if any. The appeal statement should
detail the basis for which a determination is requested reversing
or modifying the determination of the Chief of Police. The applicant
or permit holder may be represented by counsel and shall have an opportunity
to present evidence and question witnesses. The Chief of Police or
designee similarly may present evidence. Upon consideration of the
evidence, but in no event later than 10 business days after the close
of the hearing, the Corporation Counsel shall issue a decision sustaining,
modifying or reversing the decision of the Chief of Police or designee.
The determination by the Corporation Counsel shall be filed with the
Village Clerk and upon filing will become final. The Corporation Counsel's
determination is subject to review pursuant to Article 78 of the Civil
Practice Law and Rules. Such proceeding must be commenced within 30
days of the filing of the determination.
A.
Permits are issued on a calendar-year basis. All permits issued pursuant
to this chapter shall expire on the last day of December next succeeding
the date of issuance thereof. Permit fees shall not be prorated.
B.
Once a permit is issued, it can be renewed by the permittee to whom
it was issued upon payment of a fee as determined by the Board of
Trustees and upon the permittee's provision of a notarized statement
certifying that there have been no changes in the information provided
in the current application. If there have been any changes, the permittee
shall provide a notarized statement advising of the changes which
the Chief of Police shall review to ensure that all requirements for
obtaining a tow operator's license are still met. If new drivers have
been hired and will be operating one of more of the permittee's tow
trucks during the renewal year, those drivers also must comply with
the permit requirements of this chapter.
No tow truck operator's permit shall be assigned from one company
or person to another unless in connection with a bona fide sale of
the tow truck operator permit owner's business, in which case the
Police Chief shall have the power to approve an assignment of the
tow truck operator's permit.
With the exception of the fines listed in § 247-8K, any company or person who violates or refuses to comply with any of the provisions of this chapter shall be guilty of a violation and shall be punished by a fine of not less than $250, or more than $1,000, for each and every day a violation occurs or continues under this chapter, imprisonment for not more than 15 days, or both.
It shall be the duty of the Police Department to ascertain,
to the extent possible, the owner of the vehicle or the person in
charge of the vehicle and to notify that person of the removal and
disposition of such vehicle and of the amount which will be required
to redeem same. The Village shall also, without delay, report to the
Village Clerk the removal and disposition of any vehicle removed as
provided in this chapter.
No later than April 1, the Chief of Police or designee shall
report to the Board of Trustees on the rotational tow program from
the preceding calendar year. The report shall include the following
information:
A.
The names of the tow companies on the rotation lists.
B.
The number of permits issued for tow truck drivers.
C.
The number of calls by the Police Department for towing/storage of
vehicle.
D.
Reason for the call (accident, impound, criminal activity, etc.).
E.
How many calls did each operator receive?
F.
Number of times when a request for service was denied or when the
operator failed to timely respond. This should be broken down by operator.
G.
Suspensions and/or revocations of permits during past calendar year.
A.
Every owner or person in charge of a disabled vehicle which is to
be towed to an impound/storage facility by a tow truck operator at
the direction of the Ossining Police Department shall be provided
with a document entitled "Consumer Bill of Rights Regarding Towing
of Disabled Vehicles" before the vehicle is towed. If the owner or
other person in charge of the vehicle is injured and is removed to
a hospital, or is otherwise unavailable, such bill of rights shall
be furnished by the tow truck operator at the time such owner or other
person in charge of the vehicle first appears at the premises of the
tow truck operator.
B.
The "Consumer Bill of Rights Regarding Towing of Disabled Vehicles"
shall have printed on it on the top of the page in capital, block-faced
letters and in fourteen-point bold-faced type the caption CONSUMER
BILL OF RIGHTS REGARDING DISABLED VEHICLES followed by statements
in the sequence listed below in ten-point type in a color that sharply
sets off the text from the background color of the document, except
that the text included in capital letters shall be in ten-point bold-faced
type.
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"NOTICE OF RIGHTS AND OPTIONS WHEN YOUR DISABLED VEHICLE IS
TOWED."
Information about the towing of the vehicle.
"Your disabled vehicle must be towed by the tow truck operator
that has been directed to do so by the Police Department."
YOU HAVE A RIGHT TO DIRECT THE TOWING COMPANY TO TOW THE VEHICLE
TO ANY LOCATION WITHIN THE VILLAGE OF OSSINING, provided the vehicle
can be legally left in the location you select. If you want to have
the vehicle towed to a location outside of the Village of Ossining
you can make arrangements with the tow truck operator for the fees
for such towing. If you do not designate a location, the licensed
tow truck operator is required to tow the disabled vehicle to its
authorized impound facility.
You or any person you select, including your insurance agent
or adjuster, must be provided, at no extra charge, with reasonable
access to view the disabled vehicle during normal business hours at
the impound facility, but any insurance agent or insurance adjuster
for a third party may have access only upon furnishing written confirmation
they are representing such third party having a claim or defense from
an accident involving such disabled vehicle.
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