Unless otherwise expressly provided, for the purpose of this
chapter, the following words shall have the meanings herein indicated:
ACCIDENT
Any accident or occurrence in which one or more vehicles
come into contact with a person, each other, or other objects, thereby
causing personal injury or property damage.
ACCIDENT SCENE
Any area of a street or public or private property where
a vehicular accident has occurred and from which a vehicle is removed
to prevent obstruction of traffic, which area will remain an accident
scene until the vehicle or vehicles are removed either under its/their
own power or by a properly licensed tow truck.
AUTHORIZED AGENT
An individual, excluding a tow truck owner or operator, authorized
by the property owner to act on the property owner's behalf to
authorize a tow.
CONSENSUAL TOW
Any tow performed with the prior consent or actual or apparent
authorization of the owner, authorized agent or operator of the motor
vehicle, including but not limited to emergency situations and/or
when tows are made from private property.
DRIVER
Any person driving a tow truck within the enforcement jurisdiction
of the Town of Blooming Grove.
NONCONSENSUAL TOW
Any tow performed without the prior consent or authorizations
of the owner, authorized agent, or operator of the motor vehicle,
including but not limited to emergency situations and/or when tows
are made from private property. The Town of Blooming Grove Police
Department shall use the Town of Blooming Grove rotational tow list
to select a towing service for nonconsensual tows. Nonconsensual tows
include the storage of the damaged and/or disabled motor vehicle until
the owner, operator or authorized agent claims the vehicle from storage.
OPERATE
The control and direction of the use of a vehicle for towing
from places within the enforcement jurisdiction of the Town of Blooming
Grove.
OPERATOR
A person or entity that controls, drives, or directs the
use of a vehicle for towing from places within the enforcement jurisdiction
of the Town of Blooming Grove.
OWNER
A person owning, leasing, or controlling one or more tow
trucks and driving, operating or causing any such vehicle to be operated
within the enforcement jurisdiction of the Town of Blooming Grove.
PERSON
An individual, firm, (co)partnership, unincorporated association,
corporation or other entity.
POLICE ACTIVITY
Any activity involving police officers on a roadway, road
shoulder, public property, or private property. Such activity may
also include the impounding of or towing of a motor vehicle.
SOLICIT
To approach with a request or plea, to urge, to accost or
to try to obtain by asking.
TOW TRUCK
A motor vehicle that tows or carries a damaged, disabled,
impounded, illegally parked or abandoned motor vehicle or a motor
vehicle involved in an accident, emergency, or other police activity
incident.
TOW TRUCK COMPANY
Any entity engaged in towing services which may be organized
under a firm, (co)partnership, limited-liability partnership, limited-liability
company, corporation, or other form of organization or business entity
or operating as a DBA, inclusive of the company owner(s), operator(s),
and driver(s).
TOWING
The moving or removing of a damaged, disabled, impounded,
illegally parked or abandoned motor vehicle by another vehicle.
The Town of Blooming Grove requires that any tow truck company
applicant for participation and placement on the Town of Blooming
Grove rotational tow list shall meet the following standards:
A. Each tow truck company shall have been in business for two years
under its current company name and shall have an established commercial
address; no PO boxes or office fronts shall be permitted at the time
of application submission to the Town of Blooming Grove Police Department.
B. Each tow truck company may submit only one application for participation
and placement on the Town of Blooming Grove rotational tow list. All
tow truck companies organized as a limited-liability partnership,
limited-liability company, corporation or other form of organization
shall provide evidence of good standing with the NYS Department of
State, confirm the validity of the applicant's license and insurance
information, and avoid duplication of tow truck companies participating
and being placed on the Town of Blooming Grove rotational tow list.
Any tow truck company submitting an application to be on the rotational
tow list in the name of an entity shall identify the legal name of
the entity, proof of New York incorporation and shall identify the
principals and members of the entity. No entity having the same principals
or common membership with another tow truck company may submit an
application to be on the rotational tow list.
C. The Town of Blooming Grove Police Department shall provide written
notice to an applicant of its approval to be on the rotational tow
list or the reason or reasons for denial of their application.
D. The Town of Blooming Grove rotational tow list shall remain valid
and in effect until such time as the list is disbanded by action of
the Town of Blooming Grove Town Board.
E. Each tow truck company application shall include the following information
to be provided to the Town of Blooming Grove Police Department:
(2) Federal identification number.
(3) New York State sales tax identification number.
(4) Proof that there is in-place and maintained NYS workers' compensation
insurance.
(5) All persons and entities having an ownership interest in the company.
(6) A list of all tow truck(s) to be operated in the Town of Blooming
Grove together with a copy of valid inspection, NYS registration number(s)
and vehicle identification number(s) for each tow truck. All inspections
and registrations shall be kept current during all times of participation
and placement on the Town of Blooming Grove rotational tow list.
(7) A list of all drivers who will be operating each tow truck, including
the driver's name, address, date of birth and copies of each
driver's license and driving abstract.
(8) Any other information the Chief of Police or his/her designee determines
to be necessary regarding the applicant's background and suitability
for participation and placement on the Town of Blooming Grove rotational
tow list, including but not limited to its towing enforcement history,
credit worthiness and history of relevant business practices.
F. Each tow truck company shall add the name(s) of any new operator(s) or driver(s) to their list of drivers supplied in §
218-5E(7) above and forward a copy via mail of the updated list to the Town of Blooming Grove Police Department within five business days of adding any such operator(s) or driver(s). Each tow truck company shall be responsible to maintain proof of mailing.
G. Each tow truck company shall notify the Town of Blooming Grove Police Department, in writing, via mail to remove any driver's or operator's name from their list supplied in §
218-5E(7) above within 10 business days of a driver and/or operator no longer being employed by their company. Each tow truck company shall be responsible to maintain proof of mailing.
H. Each tow truck company shall provide the Town of Blooming Grove Police
Department with a valid certificate of insurance naming the Town of
Blooming Grove as certificate holder and as the additional insured
with the following minimum coverage required:
(1) Light-duty list:
(a)
General auto liability (personal injury and property damage
combined): $1,000,000 each occurrence.
(b)
Garage keepers liability (coverage for vehicles in vehicle storage
facility): $400,000 each occurrence.
(c)
On-hook direct primary (coverage when vehicle is being towed
or carried): $400,000 each occurrence.
(d)
Umbrella coverage: $1,000,000.
(e)
NYS required workers' compensation coverage for all listed drivers as listed in §
218-5E(7).
(f)
NYS required disability coverage for all listed drivers as listed in §
218-5E(7).
(2) Heavy-duty list:
(a)
General auto liability (personal injury and property damage
combined): $1,000,000 each occurrence.
(b)
Garage keepers liability (coverage for vehicles in vehicle storage
facility): $750,000 each occurrence.
(c)
On-hook direct primary (coverage when vehicle is being towed
or carried): $750,000 each occurrence.
(d)
Umbrella coverage: $2,000,000.
(e)
NYS required workers' compensation coverage for all listed drivers as listed in §
218-5E(7).
(f)
NYS required disability coverage for all listed drivers as listed in §
218-5E(7).
I. Each tow truck company on the Town of Blooming Grove rotational tow
list shall agree to defend, indemnify, and hold harmless the Town
of Blooming Grove from any claims or liabilities which may occur as
a result of performing service at the request of the Town of Blooming
Grove Police Department.
J. All towing truck companies shall be in compliance with all applicable
zoning and building code requirements and shall be located within
the Town of Blooming Grove or within five driving miles of the Town
of Blooming Grove.
K. All towing truck companies shall own, lease or sublease either a
lighted, fenced, and locked outdoor area or an indoor locked vehicle
storage facility in which to store towed vehicles. The facility shall
prevent unauthorized access to the towed/stored vehicles. The storage
facility shall be in compliance with all applicable zoning and building
code requirements and shall be located within the Town of Blooming
Grove or within five driving miles of the Town of Blooming Grove.
L. The vehicle storage facility shall be under the control of the tow
truck company applicant and shall not be used by any other tow company.
Multiple tow truck companies may use the same storage location if
each tow company has an individually fenced, locked, controlled, and
separate storage area.
M. Each tow truck company shall maintain all records required by this
chapter at their office or their vehicle storage facility. Each tow
truck company shall maintain copies of all New York State driver's
licenses with tow endorsements for all tow truck company driver(s)
as well as current valid registrations, inspections and insurance
cards for all tow trucks operated in the Town of Blooming Grove.
N. All tow truck companies shall have staff available at the vehicle
storage facility or available by telephone for vehicle redemption
on Mondays through Fridays between the hours of 9:00 a.m. to 5:00
p.m. on regular business days. All tow truck companies may release
a vehicle from their storage facility during holidays or on weekends.
O. Should a tow truck company not be available Mondays through Fridays
between the hours of 9:00 a.m. to 5:00 p.m. or on weekends and holidays
to release a vehicle, that towing company cannot charge for storage
to the vehicle owner or authorized agent in control of the vehicle
for those days.
P. Tow truck companies shall list their charges for impound towing,
accident towing, winching, cleanup, and storage fees for light-duty
and heavy-duty tow lists, which lists shall be provided to the Town
of Blooming Grove Police during annual inspection(s) of each tow truck
company on the rotational tow list. Such submitted lists are a public
record and subject to release to the public under the Freedom of Information
Law.
Q. Tow truck companies shall accept at least two major credit cards,
one of which shall be a bank card and not restricted to cash-only
transactions. Tow truck companies shall have the ability to accept
payment at the scene of the tow.
R. Any reports or complaints regarding excessive fees or additional
fees for towing services should be brought to the attention of the
Chief of Police or his/her designee.
S. All tow truck companies placed on the Town of Blooming Grove's
rotational tow list shall make their facilities, vehicle storage areas
and equipment available for scheduled inspections by the Town of Blooming
Grove Police Department.
T. In addition to scheduled inspections of tow truck company facilities,
the Town of Blooming Grove Police Department has the right to inspect,
at any time, all tow trucks operated by any tow truck company in the
Town of Blooming Grove, including but not limited to each tow truck's
insurance documentation, vehicle registration and any owner, operator,
or driver's license(s) with endorsements, at any time the tow
truck is being operated, stopped, standing, or parked on any roadway
in the Town of Blooming Grove.
U. The placement of, or participation by, a tow truck company on the
Town of Blooming Grove's rotational tow list does not create
a property right or interest of the tow truck company in the rotational
tow list position. A tow truck company's position on the rotational
tow list is not transferable.
V. Tow truck companies are not permitted to subcontract any tow call
to another tow truck company. Tow truck companies shall have their
own tow truck available and able to respond in order to fulfill a
request for service by the Town of Blooming Grove Police Department.
W. Each tow truck company currently on the rotational tow list shall
reapply to the Town of Blooming Grove Police Department to continue
to participate on the rotational tow list:
(1) Every year at the anniversary date of their initial application acceptance
and no later than October 31 of each year;
(2) If there is a tow truck company transfer of 10% or more in company
ownership interests; and/or
(3) If the company purchases, acquires or takes control of another tow
truck company whether or not such acquired tow truck company is currently
participating and/or placed on the Town of Blooming Grove rotational
tow list. Should a new tow company want to be considered to be placed
on the rotational tow list, that company shall file a full and complete
application with the Town Clerk's Office no later than October
31 of every year.
X. The Chief of Police and/or his/her designee, in their discretion,
shall determine whether the application meets the requirements of
this chapter.
Y. The Town Board, with input from the Chief of Police, shall, by resolution,
set the number of tow companies that are listed on the active rotational
tow list.
(1) The number of tow companies to start the new rotational tow list
shall not exceed four companies initially and may be expanded, by
resolution of the Town Board, upon a request from the Chief of Police.
(2) The numerical order for the rotational tow will be set by the Town
Board after the application period for the new rotational tow list
expires. A lottery may be used.
(3) Should a vacancy occur, the Chief of Police is authorized to appoint
a replacement tow company subject to compliance with this chapter.
This chapter shall take effect upon filing with the Department
of State and when effective will supersede and replace all current
tow list laws and policies.