A. 
It is the purpose and intent of this chapter to establish an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Buffalo, to supervise and control the operation of towing businesses that are granted permission to tow for the Police Department or the Division of Parking Enforcement, and to remove and dispose of vehicles abandoned on streets located in the City of Buffalo.
B. 
The provisions of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with any towing company of his or her own choice, provided that:
(1) 
The vehicle is not being towed by police order pursuant to an arrest or a violation of law or statute or for police investigation; and
(2) 
The towing service contracted with has the ability to, and actually does, respond within a reasonable period of time, as determined by the police officer in charge at the scene, taking into consideration traffic conditions and the safety and well-being of those affected by the situation.
C. 
Services, such as collision or repair work, provided by an authorized City tower not specifically covered by this chapter shall not be regulated by the City of Buffalo and will be based solely on the contract which exists between the towing company and the driver/owner of the vehicle.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
A vehicle as defined in § 1224 of the Vehicle and Traffic Law of the State of New York.
ACCIDENT
Any incident or occurrence in which one or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a motor vehicle.
AUTHORIZED CITY TOWER
A towing company which has been approved by the Police Department, the Division of Parking Enforcement and the Department of Permit and Inspection Services to tow vehicles on behalf of the City of Buffalo.
AUTHORIZED INVOICE
An invoice approval by the Department of Permit and Inspection Services which contains:
A. 
The name, address and telephone number of an authorized City tower.
B. 
The logo of a nationally recognized credit or debit card.
C. 
A list of current towing charges of the authorized City tower.
AUTHORIZED TOW TRUCK
A specially equipped vehicle designed for the towing or pushing of disabled vehicles and which is:
A. 
At least one-ton commercially built wrecker body.
B. 
Equipped as set forth in § 454-18 of this chapter.
C. 
Registered as a tow truck with the New York State Department of Motor Vehicles.
DRIVER
A person who operates or drives or is in actual physical control of an authorized tow truck and whose license authorizes such person to operate said tow truck pursuant to the terms and conditions of § 501 of the Vehicle and Traffic Law.
HEAVY TOW TRUCK
An authorized tow truck having a winch and which is capable of lifting a motor vehicle having a minimum gross vehicle weight rating (GVWR) of 10,000 pounds.
LETTER OF AUTHORIZATION
A document signed by the Commissioner of Permit and Inspection Services authorizing a towing company to provide service for the City of Buffalo Police Department and which:
A. 
Is biennially renewable.
B. 
Specifies all the terms an authorized City tower must abide by.
C. 
May be rescinded by either party upon giving the other party 24 hours' prior written notice.
D. 
May be suspended by the City without prior written notice pending a hearing to determine whether there is sufficient cause to revoke such letter.
TOWING
The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation.
The Police Department or the Division of Parking Enforcement may direct the removal of vehicles in the following circumstances:
A. 
When any vehicle is parked or abandoned on any highway within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned.
B. 
When any vehicle is found or for any reason disabled on any highway within the City where said vehicle constitutes an obstruction to traffic.
C. 
When any vehicle is parked or abandoned on any highway within the City where stopping, standing or parking is prohibited.
D. 
When any vehicle is disabled and rendered inoperable for any reason upon a public highway or right-of-way.
E. 
When any vehicle is parked on private property without the consent of the owner of such property.
F. 
When the driver of such vehicle has been arrested and taken into custody and the vehicle must be removed from the public highway or from private property other than the driver's, or when the vehicle must be removed to ensure the safety of the vehicle and its contents.
No towing company shall be allowed to tow vehicles on behalf of the City of Buffalo unless and until it has been approved by the Department of Permit and Inspection Services and the Police Department as an authorized City tower in accordance with this chapter. The Division of Parking Enforcement may also contract with towing companies as needed to further the duties of the Division.
The Department of Permit and Inspection Services is hereby authorized to:
A. 
Receive and review any and all applications filed with the City by towing companies for permission to be designated as authorized City towers.
B. 
Solicit the input of the Police Department as to which towing companies should be designated as authorized City towers.
C. 
Determine, in cooperation with the Division of Parking Enforcement, the policy and procedure for all items pertaining to the towing of vehicles on behalf of the City of Buffalo which are not addressed in other sections of this chapter.
A. 
An application for a letter of authorization shall be made upon forms made available by the Department of Permit and Inspection Services. Such application shall include the following information:
(1) 
The name, address and telephone number of the business.
(2) 
The name of the owner of the business, his address and telephone number.
(3) 
The name, address and telephone number of the contact person at the business.
(4) 
The location and size of the storage area, along with the location and size of any alternate or additional storage areas.
(5) 
The hours the storage area is supervised.
(6) 
The height and type of construction of fence surrounding the storage area.
(7) 
A description of the trucks and the owners' names (including year, make, model, vehicle identification number and New York State registration number).
(8) 
The number and types of trucks available for towing.
(9) 
The number, names, addresses and dates of birth of drivers available for tow trucks.
(10) 
The flatbeds available.
(11) 
The dollies available.
(12) 
A certificate of insurance for liability/property/personal injury damage showing thereon limits of insurance, as prescribed by the Corporation Counsel.
(13) 
Visa Card and MasterCard contracts (copies).
(14) 
References.
(15) 
A resume of business/towing experience and training.
(16) 
Permission for the Buffalo Police Department to conduct a fingerprint criminal history record investigation of the owner(s) and driver(s). Waivers will be signed by each owner and driver. Such fingerprints will be forwarded to the Division of Criminal Justice Services (DCJS) along with the appropriate processing fee. All processing fees are to be paid by the applicant, and the only authorized method of payment will be a United States Postal or American Express money order made out to the Division of Criminal Justice Services. Authorization as a City tower may not be granted 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.
(17) 
Permission shall be granted by the applicant for an unannounced on-site inspection of the applicant's premises by the Police Department.
(18) 
An affidavit attesting that either the applicant has no criminal background or the applicant's complete criminal history has been disclosed to the Department of Permit and Inspection Services.
B. 
Term of letter of authorization.
(1) 
If a towing company is designated as an authorized City tower, such firm will be issued a letter of authorization, which will expire two years from the first day of April in the year in which it was issued. Reissuance of such letter of authorization will be based on the past performance of said towing company and on continued compliance with all the provisions of this chapter.
(2) 
The letter of authorization represents an agreement to provide towing service to the City of Buffalo for two years. The Department of Permit and Inspection Services may renew this letter biennially without requiring a new application, or may decline to renew the letter of authorization at the Director's discretion based on complaints about the towing company, noncompliance with this chapter or the desire to reduce the number of authorized City towers.
(3) 
Nothing in this chapter shall prohibit a towing company from reapplying for designation as an authorized City tower.
C. 
In the event any of the information required by the application should change, the applicant must notify the Department of Permit and Inspection Services and advise them of such change. It is the responsibility of the towing company to keep all information on file up-to-date.
A. 
To qualify as an authorized City tower, each tow truck shall remit a biennial license fee as set forth in Chapter 175, Fees, to the City per zone.
B. 
(Reserved)
C. 
Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee as set forth in Chapter 175, Fees, to the City per zone.
D. 
(Reserved)
E. 
The letter of authorization shall not be transferable and the registration fee shall not be prorated.
F. 
The registration fee shall be due upon issuance or reissuance of the letter of authorization and shall expire on the second April 1 following the date of issuance.
A. 
A towing company must meet the following minimum requirements before it will be considered as an authorized City tower:
(1) 
The applicant's towing company, tow trucks and drivers must be equipped and licensed in accordance with this chapter.
(2) 
All of the requirements of this chapter must be successfully met, an approved application must be received and all information and data contained therein must be verified by the Department of Permit and Inspection Services.
(3) 
The proper and necessary insurance certificates must be obtained and submitted to the Department of Permit and Inspection Services.
(4) 
The applicant must own or lease a facility that complies with the provision of § 454-19 of this chapter.
(5) 
The facility and property must be at a location that is zoned properly for such type of business and must comply with all laws of the City, the County of Erie and the State of New York.
B. 
An authorized City tower must also meet the following requirements:
(1) 
The City tower must provide rapid service, which means the tower must respond within 30 minutes.
(2) 
The City tower must have a storage lot as specified in § 454-19 of this chapter.
(3) 
There must be a building or other acceptable office facility on the storage site.
(4) 
The office shall be staffed, at the minimum, at the following times: Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either Saturdays or Sundays from 9:00 a.m. to 12:00 p.m. The telephone number(s) for twenty-four-hour retrieval must be posted in a conspicuous place on the storage site.
(5) 
The City tower must utilize an authorized invoice containing the address, phone numbers and fee schedule of the authorized City tower.
(6) 
The City tower must maintain at least two tow trucks per zone.
(7) 
Vehicles shall be subject to periodic inspection by the Police Department and/or the Department of Permit and Inspection Services.
(8) 
Rates charged shall not exceed the rates set forth in § 454-24 of this chapter.
(9) 
The City tower shall be authorized to take vehicles only to a predesignated area, unless authorized emergency storage is ordered by the Police Department or the Division of Parking Enforcement, if the owner or operator of such vehicle does not identify an alternate storage location.
(10) 
The towed vehicle must be towed only by the assigned authorized City tower. No surrogates are allowed unless specifically authorized by the Police Department or the Division of Parking Enforcement.
C. 
An authorized City tower shall, as a condition to being designated as an authorized City tower, agree to accept and abide by all of the terms of this chapter.
Authorized tow trucks shall have the following minimum equipment on board at all times:
A. 
Amber lights, as defined in § 375, Subdivision 41, Subdivision 3 of the Vehicle and Traffic Law of the State of New York.
B. 
A carbon dioxide or dry powder fire extinguisher with a minimum capacity of 10 pounds.
C. 
One dozen red railroad-type flares (30 minutes).
D. 
A safety chain.
E. 
A shovel.
F. 
A broom.
G. 
A commercially manufactured rigid tow bar with slings or a commercially manufactured wheel lift.
H. 
A dolly with wheels.
I. 
One pair of chains eight feet in length with J hooks and T hooks attached.
J. 
A tow block (may use a four-foot piece of a wooded four-by-four, if no wheel lift is available).
K. 
Scotch blocks.
L. 
A trailer for motorcycles, all-terrain vehicles, snowmobiles. (A flatbed would satisfy this requirement.)
M. 
Trucks must be clearly marked with the name, address and telephone number of the towing company in at least two-inch letters on both doors of the truck.
N. 
Work lights directed to the rear of the vehicle to illuminate the area behind the tow truck.
O. 
If the City requires two-way radio communication, authorized City towers will equip all their trucks at their own expense with designated radio equipment as specified by the Fire Department.
A. 
Any vehicle removed by an authorized City tower shall be stored in a lot enclosed by a chain-link or stockade fence at least six feet in height. This fence must be maintained in good repair with no breaks or open areas. Vehicles may be stored in an enclosed building in lieu of a fenced lot.
B. 
Exterior lighting of the vehicle storage area shall be required and shall be directed towards the vehicle storage area in a manner that is sufficient to light the entire area to allow all of the vehicles to be clearly seen during the hours of darkness. The lighting must not reflect or glare into adjoining residences or businesses. Lighting must be operational during the hours of darkness and must be kept in good working condition.
C. 
The minimum storage capacity on the actual site of the business must be no less than 10 vehicles. The authorized City tower must have alternate temporary storage available to him for an additional 10 vehicles; such temporary storage must be approved by the Department of Permit and Inspection Services and must be in a fenced and secure area.
D. 
Any actual or suspected tampering with towed vehicles or any theft must be reported to the Police Department within 24 hours of the incident.
E. 
The City will assume ownership of all abandoned vehicles pursuant to § 1224 of the Vehicle and Traffic Law of the State of New York.
F. 
Upon obtaining ownership of abandoned vehicles, said vehicles will be disposed of in accordance with § 1224 of the Vehicle and Traffic Law of the State of New York. The tower may be directed to deliver such abandoned vehicles to a designated site. The tower will then be paid for such towing by City voucher. No storage charges will be paid by the City for abandoned vehicles.
G. 
The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of by the City shall be $50.
H. 
In no case will the amount paid to the tower exceed the salvage fee or any other payment the City has received.
I. 
Towers must establish contact in a timely manner with the registered owner of a vehicle and inform them where the vehicle is being stored in the event the owner or a responsible party is not present at the scene of the tow. Information on storage rates should also be conveyed at that time.
A. 
The authorized City tower shall, without delay, report to the Police Department 911 Lieutenant at (716) 851-4549 the removal and disposition of any vehicle as provided for in this chapter.
B. 
Towers shall keep accurate and orderly records of all vehicles towed, in a manner prescribed by the Division of Parking Enforcement.
The Division of Parking Enforcement will establish procedures and shall disseminate standardized forms to be used for releasing all impounded vehicles.
A. 
The Police Department is hereby empowered to establish tow zones within 60 days from the effective date of this chapter. These zones should be designed to ensure the best towing coverage, dispatch efficiency, response time and convenience for drivers claiming their vehicles. Once these zones are established, only that tower assigned to that zone will be allowed to tow vehicles within that zone. Authorized City towers will be dispatched from a list designated for that zone on a rotational basis. The Police Department may amend the zones as required by circumstances.
B. 
During any highway emergency, such as snowstorms, floods, etc., the Police Department may suspend the boundary lines of these zones for the purpose of more efficient vehicle removal. The Police Department may not suspend these boundary lines for more than 10 consecutive days without authorization from the Common Council.
C. 
The Police Department shall retain the discretion to determine whether a tower is qualified to perform any particular tow at the scene of such tow.
Authorized City towers shall not charge more than the following rates for the following respective services:
A. 
Passenger vehicles and light trucks:
(1) 
Standard tow (vehicles up to 10,000 pounds): $80.
(2) 
Flatbed: $90.
(3) 
Additional fees for labor, recovery and towing:
(a) 
Truck and driver hourly rate: $75.
(b) 
Dolly wheels: $25.
(c) 
Trailer for motorcycle, ATV/C, snowmobile: $20.
(d) 
Winching (per 1/4 hour): $20.
(4) 
Storage (per day): $20.
(5) 
Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and holidays: $20.
A. 
Storage area and tow trucks. Upon receipt of a properly completed application, the Department of Permit and Inspection Services shall direct the application to be reviewed and an on-site inspection of the storage area and tow truck(s) to be conducted by the Division, the Police Department and the Fire Department to determine if the requirements as set forth in this chapter are met. Within a reasonable time after completion of the review and inspection, the Police Department and the Fire Department shall either recommend approval or denial of the application to the Director of Permit and Inspection Services.
B. 
Periodic inspections. The Police Department will make annual on-site inspections of each tower's operating base and storage area. During this inspection, all required records, forms, tow trucks, storage areas, lighting, security, tow truck equipment, etc., is subject to inspection. The Department of Permit and Inspection Services and the Fire Department will also provide inspections to ensure compliance with applicable state and local codes. The result of any inspection will be made part of the towing company's permanent file.
C. 
Compliance. Towers will have 15 days to bring any deficiency noted during an inspection into compliance with the provisions of this chapter. Failure to do so will be grounds for cancellation of the letter of authorization.
An authorized City tower shall provide copies of any receipts to the Department of Permit and Inspection Services on a monthly basis. This will be accomplished by providing the Division with copies of these receipts no later than the fourth day of every month. These receipts shall reflect all towing work done for the Police Department and/or the Division of Parking Enforcement during the previous month.
An authorized City tower may be removed from service by Police Department and/or the Division of Parking Enforcement via the process of rescinding the letter of authorization prior to the annual expiration date for violating the provisions of the letter of authorization, this chapter or for making materially false statements on the application for a letter of authorization.
In the event that the Police Department and/or the Division of Parking Enforcement refuses to recommend renewal or revokes or suspends a letter of authorization, the authorized City tower shall have the right to appeal such refusal, revocation or suspension to the Department of Permit and Inspection Services, in accordance with the following provisions:
A. 
Refusal, revocation or suspension of a letter of authorization shall be determined by the Department of Permit and Inspection Services after a hearing held pursuant to the notification procedure listed in Subsections B through D of this section.
B. 
Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Department of Permit and Inspection Services.
C. 
The Department of Permit and Inspection Services shall give notice of any hearing to be held hereunder, stating the name and business address of the authorized City tower concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy of such notice to the tower concerned at the business address shown upon the most recent application of such tower at least 10 days prior to the date of such hearing.
D. 
At any hearing held for the refusal, revocation, suspension or removal of a tower from a list, such tower shall be entitled to be represented by legal counsel and to present testimony or other evidence in his own behalf, as may be relevant to the subject matter of the hearing.