Town of Montgomery, NY Chapter 210 Towing

[HISTORY: Adopted by the Town Board of the Town of Montgomery 2-7-2019 by L.L. No. 3-2019. Amendments noted where applicable.]

§ 210-1 Intent; limitation of liability.

A. The intent of this chapter is to provide for the prompt and safe removal of vehicles at reasonable rates to prevent traffic hazards or secondary accidents as a result of vehicles being on or near public roadways and to protect the public from excessive charges by tow truck operators. Nothing in this chapter shall be interpreted to create any new or additional liability for the Town. Any tow truck operator called pursuant to this chapter shall indemnify and hold harmless the Town from any claims arising from the call of a tow operator to a scene pursuant to this chapter.

B. Nothing within this chapter shall be read or interpreted to limit the jurisdiction or discretion of the Town of Montgomery Police Department or Officers in the event that a scene, accident, or incident is designated a crime scene.

§ 210-2 Rotating towing list.

A. There shall hereby be established a rotating towing list which shall contain the names, addresses, and phone numbers of towing companies duly qualified by the Town of Montgomery who meet all of the requirements as set forth in this chapter. The legal name of the towing company, any d/b/a or similar designation, as well as the name(s) of all individuals who own 10% or more of the outstanding ownership interest shall appear on the list. If an individual or business conducts business under several different names, that individual or business shall only be permitted one listing.

B. The police tow list will be established two times per year, and be based upon the "tow of the day" system.

C. This list shall be available to the public.

D. Any police officer with the Town Police Department responding to a scene who determines that one or more vehicles should be removed from the scene shall cause to be called a towing company listed on the Town's rotating towing list. Any towing company listed on the Town's rotating towing list called must respond to the scene of any service call within 25 minutes. If the initial towing company does not respond within 25 minutes, the dispatcher will call the next towing company on the list, and the initial towing company shall not be entitled to any compensation in such event. The Town Police Department will maintain the rotating list and make all calls and keep records thereof. Any towing company called for a tow operation shall not be called again by the Town Police Department for towing until such time as all other operators on the rotating list have been called.

E. Any towing company listed on the Town's rotating towing list must respond when called, and failure to respond without good cause or to meet other requirements of this chapter may result in removal from the rotating towing list, suspension or revocation of the permit or other appropriate penalty at the discretion of the Chief of Police after affording the towing company the right to a hearing with respect thereto, with representation by an attorney and formal written charges.

F. Unless called, no tow vehicle will respond to the scene of any accident.

G. All vehicles towed shall be towed to a facility in the Town of Montgomery unless the owner of the vehicle consents otherwise or, if the owner is unavailable, then unless a Town of Montgomery police officer decides otherwise.

H. Nothing within this chapter shall prevent a vehicle owner from choosing to call a tow truck operator who is not on the rotating towing list; provided, however, that should that tow truck operator be unable to respond in a reasonable period of time and if the police officer at the scene has bona fide safety concerns (roadway obstruction, for example), the officer may supersede the desires of the owner and call a towing company on the list. The accepted response time for a summoned tow shall be within 25 minutes.

§ 210-3 Placement on the rotating towing list.

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.

§ 210-4 Complaints; suspension or revocation of license.

A. A committee, consisting of the Town Supervisor, one Town Board Member and the Chief of Police shall be formed. Its purpose will be to hear issues of complaint(s) and concern(s).

B. In the event that the Town receives a complaint regarding any fee charged by a tow operator in excess of the maximum fees set forth by the Town Board in accordance with this chapter, or raising any bona fide safety concerns regarding any tow operator, the committee shall have a right to investigate the same and to take appropriate action with respect thereto, including, but not limited to, removing or suspending the towing company from the rotating towing list.

C. Before removing any towing from the rotating towing list, the committee shall, on 10 days' notice to the tow operator, hold a public hearing at which the firm and members of the public can address the proposed action(s) against the firm. Following that public hearing, the committee shall make a decision as to the removal of the towing company from the rotating towing list.

D. Any or removal from the rotating list, may be appealed by filing with the Supreme Court of the State of New York a proceeding under Article 78 of the Civil Practice Law and Rules.

§ 210-5 Duty to prove eligibility; updating of 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.