[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 75 of the 1968 Code of the Village of Lindenhurst. Amendments noted where applicable.]
[Amended 6-17-1997 by L.L. No. 2-1997]
It is hereby declared and found that the towing of disabled motor vehicles in the streets of the Village of Lindenhurst is a matter affecting the public interest and should be subject to supervision and administrative control for the purpose of safeguarding the public against fraud and exorbitant rates and similar abuses and that it is of vital importance to the traveling public that disabled vehicles be removed from the streets and highways as promptly as possible to avoid possible accidents and retarding the movement of traffic. This chapter is not intended to apply to the towing of motor vehicles from private property in circumstances where no accident or impound is involved, provided that the owner of the motor vehicle has solicited the tow.
This chapter shall be known and may be cited as the "Tow Truck Ordinance of the Village of Lindenhurst."
[Amended 4-25-1978 by L.L. No. 6-1978]
It shall be unlawful for any person to solicit towing work at the scene of any motor vehicle accident on private property or on a public highway within the Village, provided that the Village has approved, adopted or ratified these provisions.
A. 
It shall be unlawful for any person to drive along any public street or highway within the Village of Lindenhurst for the purpose of soliciting towing work.
B. 
Except as provided in Subsection C of this section, the provisions of this chapter relative to the operation of tow trucks shall not apply to tow trucks operated from points outside of the limits of the Village of Lindenhurst, provided that such tow trucks shall have been licensed and are operated in accordance with the provisions of the rules, regulations or amendments of an ordinance relating to tow trucks, adopted and in force in the municipality or political subdivisions from which such tow truck shall operate and have its principal place of business and shall display the license as required by such ordinance.
C. 
The exemption provided in Subsection B of this section shall not apply to a tow truck which is habitually operated on any street or highway within the Village of Lindenhurst from one point in the Village to another point in the Village, regardless of where its principal place of business shall be located.
[Amended 4-25-1978 by L.L. No. 6-1978]
A. 
License required. No person shall operate a truck or other type of motor vehicle designed and capable of towing other motor vehicles for hire within the Village of Lindenhurst unless a license shall first have been obtained for such truck from the Administrator Clerk of the Village of Lindenhurst as hereinafter provided, except that tow truck operators from outside the Village of Lindenhurst, without a license, may enter the Village of Lindenhurst to remove a motor vehicle from any garage but may not remove a motor vehicle from an accident scene or road site.
B. 
Tow truck license. The annual fee for a tow truck license shall be established by resolution of the Village Board.
[Amended 6-17-1997 by L.L. No. 2-1997; 1-17-2017 by L.L. No. 1-2017]
No such license shall be issued unless an application therefor shall have been filed with the Village Administrator Clerk upon a form prescribed therefor, which shall include:
A. 
The name and address of the applicant, address or place where tow cars are to be garaged and from where dispatched, specifying, in the case of any unincorporated association, the names and addresses of each member thereof and, in the case of any corporation, the names and addresses of each officer, director and stockholder thereof.
B. 
A statement that he has read and understands the provisions of this chapter and will abide by them if issued a license.
C. 
The age and citizenship of the applicant and each member thereof, if an unincorporated association, and each officer, director and stockholder thereof, if a corporation.
D. 
The description and registration number of the tow truck to be operated.
E. 
The amount of liability and property damage insurance on said tow truck, the name of the insurance company and the policy number. Such insurance shall be in the minimum amounts of $100,000/$300,000 automobile liability insurance and $25,000 property damage insurance and garage liability insurance, if applicable.
[Amended 6-17-1997 by L.L. No. 2-1997]
F. 
The schedule of maximum prices the licensee agrees to charge during the term of the license for towing motor vehicles from points within the Village of Lindenhurst and for the legal storage of such vehicles at a public garage as hereinafter specified. Such schedule may be based upon the distance that each motor vehicle is to be towed, the weight of the vehicle towed and upon the time of day or night such services are performed.
[Amended 4-25-1978 by L.L. No. 6-1978]
G. 
Whether or not the licensee wishes to be placed on the nonaccident roster.
H. 
Whether the applicant holds a license or licenses for any truck or trucks issued by the Town of Babylon or any incorporated Village in the Town of Babylon and the numbers thereof.
I. 
Any other relevant information which the Village Administrator Clerk may require. Such information shall include proof that the use of the premises as a towing facility is permitted.
[Amended 6-17-1997 by L.L. No. 2-1997]
J. 
Other information. Material identifying the applicant physically and referencing the applicant's good character and business responsibility, a record of traffic infractions and criminal convictions and the location of storage or impoundment facility to which vehicles are to be towed may be required on the application form.
[Added 4-25-1978 by L.L. No. 6-1978]
[Amended 4-25-1978 by L.L. No. 6-1978; 12-19-1989 by L.L. No. 11-1989; 6-17-1997 by L.L. No. 2-1997]
The Village Administrator Clerk shall not issue a license under this chapter to any applicant found, upon investigation, to have made a materially false statement or misrepresentation in his application; to not have a storage yard in the Village of Lindenhurst or within one mile of the territorial limits of the Village not less than 4,500 square feet in dimensions and enclosed by a six-foot chain link fence with privacy slats set at an angle; to have storage or impoundment facility in violation of the zoning, building or fire laws, ordinances or regulations in the Village of Lindenhurst or Town of Babylon if such facility is situated outside the Village; or who has been convicted of a felony in the operation of a motor vehicle, a felony in connection with the operation of a towing or automobile storage business or a felony either committed against a person or one involving fraud. Holders of any tow license shall not maintain any towed vehicle at the facility for a period in excess of 120 days, absent special circumstances approved by the Village Administrator Clerk.
Each license issued pursuant to this chapter shall expire on the first day of January following the issuance thereof and will not be transferable from one person to another.
[Amended 3-24-1987 by L.L. No. 3-1987; 6-16-1992 by L.L. No. 2-1992; 6-17-1997 by L.L. No. 2-1997]
The fee for such license or the renewal thereof shall be $250. The fee is payable to the Village Administrator Clerk if the applicant's place of business is in the Village. Such license may cover but one tow truck. Upon the surrender of the license to the Village Administrator Clerk by the licensee, the license fee will be rebated to the licensee on a prorated basis, provided that the licensee has committed no acts or misconducts during the period in which the license was enforced; except, however, that $10 shall be retained as a minimum fee for the issuance of the license.
On each side of every tow truck for which a license has been granted, there shall be legibly inscribed, in letters not less than three inches high, the name and address of the licensee and the license or medallion number assigned to such tow truck by the Village Administrator Clerk.
[Amended 4-25-1978 by L.L. No. 6-1978]
A. 
Those seeking licenses and placement on the nonaccident roster shall abide by all the requirements set forth for those on the accident rosters.
[Added 12-19-1989 by L.L. No. 11-1989]
B. 
The tow trucks of licensees on the nonaccident roster shall be equipped at all times with emergency flashing amber lights visible from front and rear, a carbon dioxide or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a carton containing at least one dozen railroad-type flares, a dolly, a shovel and a broom for clearing highway of debris, if any. All equipment shall be maintained in good condition and in satisfactory working order.
[Amended 6-17-1997 by L.L. No. 2-1997]
Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensed tow truck or motor vehicles which are to be impounded for other reasons shall be towed away by licensed tow trucks from the nonaccident roster on a rotating basis. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer or authorized Village official. In the event that a licensed tow truck is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rates provided for in § 175-14E(1) and (2) of this chapter.
The Village Administrator Clerk shall prepare and certify the nonaccident roster to the Babylon Precinct Commander of the Suffolk County Police Department in the order in which the aforesaid licensees applied for placement on the roster.
[Amended 4-25-1978 by L.L. No. 6-1978; 3-24-1987 by L.L. No. 3-1987; 6-16-1992 by L.L. No. 2-1992; 12-19-1989 by L.L. No. 11-1989; 6-17-1997 by L.L. No. 2-1997; 11-19-2024 by L.L. No. 7-2024]
Any licensee, as hereinbefore provided, who further files with the Village Administrator Clerk on a form prescribed therefor, which shall include but not be limited to Subsections A through G as described hereinafter, and who pays to the Village Administrator Clerk, as provided in § 175-9, an additional fee of $200 shall be placed upon an accident roster from which the Suffolk County Police Department in the Town of Babylon shall call upon said licensee to remove disabled vehicles from scenes of accidents, provided that:
A. 
The licensee owns, operates, maintains or uses, by agreement with another to terminate at a time after the expiration of the period for which the license is to be issued, a place of storage, impoundment or repair of towed vehicles, which is not less than 4,500 square feet in dimensions. Such place shall be located within the Village of Lindenhurst or one mile of its territorial limits and be owned or operated by the licensed tower. Such place shall be maintained in accordance with the zoning, building and laws of the municipality where it is situated.
B. 
Such public garage maintains a twenty-four-hour service to answer emergency calls regarding motor vehicles.
C. 
The tow truck or trucks of such licensees are equipped with a lifting boom on the rear of the truck with a minimum ton-and-a-half power winch, equipped with 150 feet of three-eights-inch steel cable, dual rear wheels, a carbon dioxide or dry-powder fire extinguisher with a minimum of 15 pounds, a crowbar, emergency flashing amber lights visible from front and rear, a broom, a hacksaw, an axe, a dolly, a shovel and a carton containing at least one dozen red railroad-type flares.
D. 
Each tow truck is covered with $100,000/$300,000 automobile liability insurance and $25,000 property damage insurance and garage liability insurance.
E. 
The licensee shall charge no more than the following maximum rates for towing from the accident scene to his place of business or to any other place within the Village designated by the owner or operator of the motor vehicle, regardless of distance within the Village, when called by the County Police Department:
(1) 
For all passenger cars, regardless of weight, and other vehicles three tons and lighter:
(a) 
At all days and times: $100.
(2) 
Tow dolly fee: $100.
(3) 
A yard fee can be charged once the vehicle enters upon the lot where it is being stored. The yard fee should not exceed $50. Reasonable extra charges may be made for labor to right an overturned vehicle, including but not limited to winching, but the licensee is obligated only to tow a vehicle to a point within the town.
(4) 
For flatbed towing. In those cases where a damaged passenger vehicle cannot be towed from an accident scene and the use of a flatbed tow truck is requested by a police officer, the maximum rates for towing are as follows:
(a) 
At all days and times: $100.
F. 
The licensee shall charge $30 per day for storage, provided that this storage does not violate existing ordinances and zoning requirements.
G. 
The licensee agrees to respond to all calls of the Suffolk County Police Department as hereinafter provided, regardless of the hour of day or distance to the scene, provided that its equipment is not otherwise employed.
[Amended 4-25-1978 by L.L. No. 6-1978; 6-17-1997 by L.L. No. 2-1997]
The Village Administrator Clerk shall prepare and certify the accident roster as set forth in § 175-13 to the Babylon Precinct Commander of the County Police Department in the order in which the licensees apply for such listing and have equipment capable of righting and towing a vehicle up to 6,000 pounds. In addition, he shall prepare and certify a heavy-duty roster composed of licensees who have large equipment, which equipment is capable of righting and towing a vehicle over 6,000 pounds and has manufacturer's certified capacity as a ten-ton wrecker, and an extra-heavy-duty roster composed of licensees who have extra-large equipment, which equipment is capable of righting and towing a vehicle over 10,000 pounds and has manufacturer's certified capacity of at least a sixteen-ton wrecker with full air brakes and a one-half-inch cable. An additional fee of $200 shall be required to be placed on this roster.
A. 
The accident, heavy-duty and extra-heavy-duty rosters provided for herein shall be the property of the Babylon Precinct Commander of the County Police Department. Said rosters, however, shall be posted in a public place to be chosen by said Precinct Commander during the hours from 9:00 a.m. to 5:00 p.m. daily, except on Saturdays, Sundays and holidays.
B. 
The Babylon Precinct Commander of the County Police Department or his authorized agent is hereby authorized to designate licensees from the accident roster on a rotating basis for the purpose of towing motor vehicles from the scenes of accidents. In the event that large or extra-large towing equipment is needed, he shall designate a licensee from the heavy-duty and extra-heavy-duty rosters without changing the licensee's place on the accident roster.
A licensee which does not answer the call of the Babylon Precinct Commander or is not available when called shall lose his turn on the nonaccident roster or the accident roster, as the case may be, and must wait for the respective roster to be called in its entirety before he is eligible to be called again.
If more than one tow truck is needed at the scene of an accident, the aforesaid Police Department, through its authorized agent, shall call the next licensee in rotation. In such event, the choice of disabled motor vehicles to be towed shall be determined by the licensee in the order in which the licensee was called, irrespective of the time he arrives on the accident scene. The first licensee to appear on the scene shall, however, assist the police officer in clearing the motor vehicle from the public highway onto the shoulders or side of the highway.
It shall be unlawful for any person who is not designated from the accident roster, as aforesaid, and who does not have the prior consent and direction of the police officer at the scene to tow away any motor vehicle which has been involved in an accident. The police officer in every case will determine when the aforesaid motor vehicle shall be removed.
[Added 6-16-1992 by L.L. No. 2-1992]
The owner of any motor vehicle, whether disabled by accident or otherwise, shall have the right to request assistance from any Village tow truck licensee, notwithstanding the next eligible licensee on the nonaccident or accident roster.
[Amended 4-25-1978 by L.L. No. 6-1978]
It shall be unlawful for any licensee on the accident roster to willfully refuse to tow away a motor vehicle after having appeared upon the accident scene or to fail to arrive within a reasonable time at the accident scene, after being duly designated and notified as hereinbefore provided, regardless of the hour of day or distance to the scene of the accident, provided that his equipment is not otherwise employed or the licensee is not physically incapacitated. A conviction of violating this section shall result in an automatic suspension from the accident roster for 60 days. A conviction of violating this section may be grounds for the revocation of a license granted pursuant to this chapter.
A licensee duly qualified shall have but one place on the accident roster and/or on the nonaccident roster, although he may have several licensed tow trucks in the Village of Lindenhurst. For the purposes of this chapter, a garage owned by one or more individuals may have but one place on the accident roster and one on the nonaccident roster.
It shall be unlawful for any licensee to charge any person more than the maximum prices set forth in its application or in this chapter for the towing and storage of disabled motor vehicles. The schedule of maximum prices to be charged may be revised at the time application is made for a renewal of the license.
A. 
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 Village Board. The Village Board hereby designates the Village Administrator Clerk to act as the hearing officer for any hearings provided for in this chapter and to in all ways act in its place and stead pursuant to any of the sections of this chapter.
[Amended 4-25-1978 by L.L. No. 6-1978]
B. 
The Village Administrator Clerk shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or licensee concerned at the address shown upon the most recent application of such applicant or licensee at least 10 days before such hearing.
C. 
The notice required in Subsection B of this section shall also be published, at least once a week for two successive weeks, in a newspaper of general circulation in the Village of Lindenhurst, the first publication to be at least 10 days before such hearing.
D. 
Upon any hearing, the applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
All witnesses shall be sworn and examined under oath.
A. 
Any license issued hereunder may be suspended by the Village Board if the licensee shall violate any provision of this chapter or any rule or regulation adopted hereunder or any ordinance of the Village; or be convicted of the violation of any traffic law, ordinance or regulation of the State of New York or of any municipality of the State of New York or of any crime; or be guilty of making a false statement or misrepresentation in his application. Any license issued hereunder shall be suspended by the Village Board if the holder thereof shall be convicted of the commission of any crime or offense.
B. 
No license shall be either suspended or revoked by the Village Board hereunder without a public hearing thereon, held not less than 10 days after written notice thereof shall have been given to the licensee, either in person or by registered mail, addressed to the licensee at the address shown upon the most recent application for said license.
No fee shall be charged, either directly or indirectly, for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled, which resulted in towing without the prior written consent of the owner of the disabled vehicle. The agreement form for repairs required hereunder must be in substantially the following form:
Agreement for Repairs
It is hereby agreed between _________________ (insert name and address of owner or person in charge, authorized to enter agreement) and ________________ (insert name, address, telephone number, license number) that (owner or person in charge) agrees to pay the sum of $ _________ to ________________ (repairer), who, in consideration thereof, agrees to repair a ______________________ (year, make and type of automobile), New York State Registration No. _____________, which was involved in an accident and removed by a tow truck.
Dated at
This _________ day of _______ 20____
Licensee
Owner
Person in charge
(Check appropriate one.)
[Amended 12-11-1978 by L.L. No. 12-1978; 6-17-1997 by L.L. No. 2-1997]
No vehicle involved in an accident or otherwise disabled shall be removed without an authorization on a form prescribed by the Village of Lindenhurst signed by the owner of the vehicle. Such authorization shall be for the towing and storage of the vehicle only and shall show the rates to be charged for towing and storing said vehicle. Such signed authorization shall be retained by the licensee for a period of six months and shall be exhibited upon demand to an official of the Village or any member of the Suffolk County Police Department. The towing authorization required hereunder must be in substantially the following form:
Towing Authorization
(Insert name, address and telephone number of licensee)
Date
Name
Town (City)
Address
Make and type of car
Year ______     State registration number
Towing charges
(Amounts shown on filed schedule not to exceed maximum rates permitted under license.)
Tow car driver's name
Address
License number
Medallion number of licensee
State registration
I authorize the towing of the above automobile to the following place:
Signature of officer or police officer in charge
A licensee shall have prepared a pad of bills containing a printed billhead showing the name and address of his place of business. A licensee shall prepare, in duplicate, a bill on this billhead form, the original of which shall be furnished to the owner of the disabled vehicle or his authorized representative. This bill must be printed in a form approved by the Village Administrator Clerk and shall contain the following information:
A. 
The full name and address of the person engaging the tow truck.
B. 
The registration number of the disabled vehicle.
C. 
The total amount to be charged for towing and the storage rate per 24 hours or part thereof. All charges shall be clearly and individually listed. If there is any storage charge, the number of days the vehicle has been stored shall be stated on the bill.
[Amended 10-27-1981 by L.L. No. 8-1981]
D. 
The full name and address of the operator of the tow truck.
E. 
The registration number of the tow truck.
F. 
The licensee's medallion or license number.
G. 
The name and street address of the place to which the vehicle is being towed.
[Added 4-25-1978 by L.L. No. 6-1978]
H. 
The bill must state where the vehicle was picked up and where it was towed to, if other than the licensee's place of business; also the time the licensee received the police call, if any.
[Added 10-27-1981 by L.L. No. 8-1981]
I. 
If the vehicle towed is claimed, it must be signed for on the licensee's copy of the bill by the person paying the bill and must be marked "paid" with the date paid.
[Added 10-27-1981 by L.L. No. 8-1981]
J. 
Each bill must have preprinted on it the full scale of maximum rates permitted by this chapter, in a manner approved by the Village. The rate schedule may be printed on the back of the bill, but, if that is done, there must be a notation on the front to "see back of bill for rate schedule."
[Added 10-27-1981 by L.L. No. 8-1981]
K. 
No bill shall be used by the licensee until a sample copy has been submitted to and approved by the Village. The licensee shall submit a copy of the bill with each application for renewal of the towing license.
[Added 10-27-1981 by L.L. No. 8-1981]
The duplicate of the bill shall be retained by the licensee for a period of six months. These bills shall be exhibited upon demand of any official of the Village or any member of the Suffolk County Police Department. Upon payment of the bill given to the owner of the disabled vehicle or his authorized representative, the licensee shall acknowledge receipt of payment of such bill.
Every owner, upon the sale or other disposition of a licensed tow truck, shall, within 24 hours, notify the Village Administrator Clerk of such sale or other disposition and surrender the license or licenses.
[Amended 4-25-1978 by L.L. No. 6-1978]
The Village Board may remove from the duty list provided for above any operator whom the Village Board shall determine, after a public hearing, has failed to abide by any one of the requirements set forth in this chapter.
[Added 4-25-1978 by L.L. No. 6-1978]
Notwithstanding any provision contained in this chapter to the contrary, it shall be the right of any motor vehicle owner or operator whose motor vehicle is to be removed by a tow truck for any reason to direct the location to which such vehicle shall be towed.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:
PERSON
One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
STREET
Any street, alley, avenue, court, bridge, lane or public place in the Village of Lindenhurst.
[Amended 6-16-1992 by L.L. No. 2-1992; 6-17-1997 by L.L. No. 2-1997]
A violation of this chapter is hereby declared to be a misdemeanor, and any person, firm or corporation violating the same may, upon conviction, be punished by a fine not less than $250 nor more than $1,000.