The requirements for placement on the rotating towing list with
the Town shall be as follows:
A. Each tow company that desires to be placed on the rotating towing
list must provide a list to the Town of each towing vehicle to be
garaged and/or operated within the Town. Towing companies will be
monitored annually to assure compliance with this chapter.
(1) A towing company that desires to be placed on the rotating towing
list shall file an application therefor with the Chief of Police verifying
under oath and providing:
(a)
Applicant's name(s); address(es); telephone number; if
incorporated, a certificate of good standing from the State of New
York; if applicable, list of all owner(s) of the company with ownership
interests of 10% or more, and each such owner's name, address
and telephone number.
(b)
The number of tow vehicles proposed to be operated by or on
behalf of the applicant and a description of each tow truck, including
the make, model, year of manufacture, New York State registration
number, New York State inspection certificate number, and expiration
of the inspection certificate;
(c)
The address of the place where towing vehicles are proposed
to be garaged and dispatched from;
(d)
The address of the place at which towed vehicles are to be stored;
and
(e)
Proof that each tow vehicle proposed to be operated for towing
within the Town has a minimum insurance coverage of $500,000 for any
one individual and $1,000,000 for any one accident. The certificate
of insurance must state that the Town of Montgomery will be notified
in the event of cancellation.
(2) Upon receipt of an application for placement on the rotating towing
list, the Chief of Police, or his designee, shall investigate the
location of the towing company and of the premises where towed vehicles
are to be stored, to determine whether public safety problems exist.
(3) The fee for placement on the rotating towing list shall be specified
on the tow fee schedule per year or any fraction thereof for each
tow truck owned or operated by the towing company. Payment of the
fee shall be due no later than January 31 of each year thereafter
for renewal of the towing company's placement on the rotating
towing list and shall be nonrefundable.
(4) Placement on the rotating towing list shall be subject to a review
by the Town Board of the applications and records obtained.
(5) Inspections shall be conducted by the Police Department no less than
twice per year.
(6) Each tow company must maintain no less than two tow trucks at all
times.
B. All towing companies must maintain a towing facility within the Town
of Montgomery, and the towing company must regularly keep a sufficient
amount of towing vehicles within the Town at said facility. Said facility
will remain open during normal business hours, Monday through Friday.
C. All tow operators must be duly licensed, and all vehicles must carry
proof of a current permit at all times and must be in good operating
condition.
D. No applicant will be placed upon the rotating towing list unless
the applicant agrees to charge no more than the maximum rates for
towing within the Town of Montgomery. These maximum rates shall be
set and amended by resolution of the Town Board, on an annual basis
at the first meeting of the Town Board in January.
E. All towing companies on the rotating towing list must maintain proper
records of all fees received, which will be available for inspection
by the Town.
F. All tow companies and operators must be in compliance with all local
laws, rules and regulations of the New York State Department of Transportation
(DOT) motor vehicle laws, Federal Motor Carrier Safety Regulations
and Title 49 of the Code of Federal Regulations with respect to his
towing facility, and failure to be in compliance will preclude being
on the list until all compliance is met. Any licensed operator not
in compliance will have 45 days in which to meet compliance after
notice of noncompliance. During said period, the towing company by
which the noncompliant tow operator is employed shall be suspended
from the towing list.
All tow operators desiring to be on the towing list must provide
the Town Police Department with proof of all of the requirements set
forth herein in advance of the effective date of this chapter. Following
the establishment of the initial towing list, the Town will update
the list, based upon any new applications, on a semiannual basis,
January 1 and July 1 of each year. Any new applications for inclusion
on the towing list, which are deemed to be complete following submission
to the Town Police Department, shall be forwarded by the Chief of
Police, or his designee, to the Town Board for final approval.