A.
It shall be unlawful after the effective date of this chapter for
any person to conduct the business for compensation of owning and
operating or causing to be operated a tow truck within the City of
Buffalo without first having obtained a license in the manner hereinafter
set forth.
C.
It shall be unlawful after the effective date of this chapter for
any person to operate a tow truck for compensation within the City
of Buffalo without first having obtained a license in the manner hereinafter
set forth. It shall not be necessary, however, for a person who does
not maintain a place of business within the City of Buffalo to obtain
such a license for the purpose of providing a towing service that
either originates or terminates outside of the City of Buffalo.
Applications for licenses required by this chapter shall be
made upon forms provided by the Department of Permit and Inspection
Services of the City of Buffalo, shall be signed and verified under
oath by the applicant if an individual and by a duly authorized agent
if a partnership or corporation or similar organization and shall
set forth the following:
A.
If a person, the name and address of the applicant.
B.
If a partnership, the name, residence and business address of each
partner.
C.
If a corporation, the name, date and state under whose laws such
corporation was organized, and if a foreign corporation, whether authorized
to do business in the State of New York, and in either event, the
names of the principal officers, directors or other authorized agents,
their residences and business addresses.
D.
If an organization of any other kind, the authorized agents for said
organization and their residences and business addresses.
E.
Photocopies of New York State driver's licenses of all drivers.
F.
Affidavits attesting that the drivers have no criminal record or
a full disclosure of any prior criminal history and an authorization
for a criminal background check.
The Commissioner of Permit and Inspection Services shall forward
such application for a license, to the Department of Police of the
City of Buffalo; and after an investigation by said Department, the
Commissioner of Permit and Inspection Services, upon payment of the
proper fee and provided, further, that the statements set forth in
the application are true and that all laws and ordinances pertaining
thereto have been complied with, shall issue a license to the tow
truck owner or applicant. A license may not be issued to an owner
or driver convicted of any felony, any offense relating to the theft
or dismantling of motor vehicles, insurance fraud or sex offenses
or any series of convictions for traffic offenses that would indicate
a pattern of disregard for vehicle safety.
A.
Upon the issuance of such license, the holder thereof shall be allowed
to operate a tow truck for compensation within the City of Buffalo,
provided that he conspicuously displays in clear and legible letters
of at least two inches in height on both doors of the tow truck the
owner's name, business location and telephone number and the
number of his license or otherwise identifies himself as a holder
of a valid license from the City of Buffalo; and provided, further,
that such license number or other identification of the license holder
is displayed conspicuously in clear and legible letters of at least
four inches in height on both doors of the tow truck.
B.
No license issued under this article shall be transferable or assigned or used by any other person other than the one to whom it is issued, except as provided in Subsection C of this section.
C.
Transfer of license.
(1)
Where, as a result of illness, death, incarceration, or incapacitation,
a licensee under this chapter is unable to fulfill the duties prescribed
to her by this chapter, the Code of the City of Buffalo, or State
or Federal Law, such licensee may, subject to the approval of the
Commissioner of Permit and Inspection Services, transfer her license
to one person, firm, corporation or entity, who shall assume all the
duties and responsibilities of a licensee under this chapter, the
Code of the City of Buffalo, and State and Federal Law.
An application for renewal of a license shall be filed and the
fee therefor paid on or before the 15th day of March biennially.
The Commissioner of Permit and Inspection Services may revoke
a license issued under this chapter upon a hearing, after a reasonable
written notice of the time and place of such hearing, for cause and
including, but not limited to, instances wherein the Commissioner
finds that the licensee has made any materially false or incorrect
statements in the application or that the licensee has failed to comply
with any of the provisions of this chapter or any other statute, regulation
or ordinance relating to the operation and/or ownership of tow trucks.
A.
Anyone holding a valid license for the ownership and/or operation
of a tow truck under this chapter, when responding to a call for his
services, shall cooperate fully with all lawfully constituted authorities
and shall immediately remove any vehicles that may be a traffic hazard
and shall immediately remove or cause to be removed any debris or
dislodged parts of motor vehicles which may have been deposited on
any of the streets of this City because of the incident for which
his services were required.
B.
Anyone holding a valid license under this chapter must immediately
notify, in writing, the local police station having jurisdiction over
the area when removing a vehicle unlawfully parked on private property
at the request of the owner of the premises and without the consent
of the vehicle owner as required by § 1210(c) of the Vehicle
and Traffic Law. Failure to report may be cause for revocation of
such license.
C.
Anyone holding a valid license under this chapter is under a continuing
obligation to keep any information provided to the City current and
up-to-date. Failure to provide such information may be cause for revocation
of the license.
D.
Any licensed tow truck operator must make available, at a minimum,
a staffed office allowing for retrieval of the towed vehicle, at the
following times: Monday through Friday from 9:00 a.m. to 5:00 p.m.
A licensed tow truck operator may not charge any fee related to storage
on Saturday unless the storage location is open and allows for retrieval
of the towed vehicle on Saturday from, at minimum, 10:00 a.m. to 2:00
p.m. and may not charge any fee related to storage on Sunday unless
the storage location is open and allows for retrieval of the towed
vehicle on Sunday from, at minimum, 10:00 a.m. to 2:00 p.m.
