Village of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 6-26-1973 as L.L. No. 2-1973. Section 103-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 110.
Impounded vehicles — See Ch. 112.
No person, firm or corporation shall operate for hire a truck or other type of motor vehicle designed to tow and capable of towing other motor vehicles within the Village of Southampton unless a license therefor shall first have been obtained from the Village Clerk of the Village of Southampton as hereinafter provided, except tow truck operators from outside the Village of Southampton may enter the Village of Southampton to remove a motor vehicle from any garage without a license.
A. 
No such license shall be issued unless an application therefor shall have been filed with the Village Clerk upon a form prescribed therefor, which shall include:
(1) 
The name and business address of the applicant, and, if he be a natural person, his age and residence address.
(2) 
The registration number of the tow truck to be operated.
(3) 
The amount of liability and property damage insurance on the said tow truck, the name of the insurance company and the policy number.
B. 
Any person, firm or corporation operating a tow truck business may obtain licenses for each tow truck it desires to operate within the Village of Southampton, provided such person, firm or corporation abides by the regulations set forth herein.
The license fee payable to the Village Clerk for each such license or renewal thereof, which license may cover only one tow truck, shall be $10 regardless of the number of months such license may be in effect.
After the making and filing of said application, the Village Clerk shall make an investigation to determine whether the applicant is eligible for the issuance of a license, and after such investigation is completed, the Village Clerk may either:
A. 
Issue a license if the Village Clerk finds that the applicant and the business involved comply with the requirements of this chapter, or
B. 
Deny the license if the Village Clerk finds that the applicant or the business involved does not comply with the requirements of this chapter, or otherwise finds that the issuance of the license would not be for the general welfare of the public. n making such determination, the Village Clerk may consider, among other things, the matters set forth in § 103-9 of this chapter.
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 owner of such tow truck or of the person, firm or corporation having the license therefor and the license number assigned to such tow truck by the Village Clerk.
Every license issued pursuant to this chapter shall expire on the first day of March following the issuance thereof, and no such license is transferable from one operator to another.
It shall be unlawful for any person, firm or corporation to tow away any motor vehicle which has been involved in an accident without the prior consent of the owner or operator thereof or of the police officer at the scene of the accident, and no motor vehicle shall be removed from the scene of an accident where the police officer requires or requests that an examination be made of the damaged vehicle to determine whether the car was defective or where the police officer requires or requests that photographs and/or diagrams of the scene be made, until these requirements have been accomplished.
A. 
It shall be unlawful for any person, firm or corporation to drive along any public street or highway within the Village of Southampton for the purpose of soliciting towing work.
B. 
It shall be unlawful for any person, firm or corporation to solicit towing work at the scene of any motor vehicle accident either on private property or on a public highway within the said Village.
The Village Board may revoke or suspend any license or licenses issued under this chapter to any applicant, after a public hearing, for the following reasons:
A. 
The applicant is unfit to be granted such license by virtue of bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity, or by virtue of conviction of a felony or any crime involving theft, embezzlement or moral turpitude.
B. 
The applicant has falsified or failed to provide information and evidence of substantial and material import in his application for a license.
C. 
The manner in which the business or work has been conducted in the past is such as to warrant a finding that the granting of a license will be adverse or detrimental to the public health, safety or welfare.
D. 
The person or business involved otherwise has demonstrated that he or it is unfit to be trusted with the privileges granted by such a license.
A. 
Any person, firm or corporation which owns or operates a licensed tow truck and agrees to abide by the following requirements and pays to the Village Clerk an additional fee of $100 each year may request to be placed upon an approved list of tow truck operators which the Village of Southampton police force may call to remove motor vehicles:
(1) 
The applicant shall be the owner or lessee of premises containing a motor vehicle repair shop which is operated by the applicant and a suitable facility to which towed motor vehicles are taken and stored. Said motor vehicle repair shop shall have a certificate of registration issued by the State Commissioner of Motor Vehicles.
[Amended 11-10-1994 by L.L. No. 10-1994]
(2) 
The applicant shall be the owner of a tow truck and the operator of a towing business which is conducted from and at the premises set forth in Subsection A(1) above. Said premises shall be located either within the Village of Southampton or within a radius of five miles from the Village of Southampton. If located within the Village of Southampton, said premises shall have a certificate of occupancy issued by the Village of Southampton for the building and use conducted on said premises. If located within a radius of five miles from the Village of Southampton, said premises shall have a certificate of occupancy issued by the Town of Southampton for the building and use conducted on said premises.
[Amended 11-10-1994 by L.L. No. 10-1994]
(3) 
The applicant maintains twenty-four-hour service to answer emergency calls regarding motor vehicles.
(4) 
The tow truck or trucks are equipped with a minimum ton-and-a-half power winch equipped with 150 feet of three-eighths-inch steel cable, dual rear wheels, a CO2 or dry powder fire extinguisher with a minimum capacity of 15 pounds, a crowbar, a shovel, emergency flashing red light, an approved first aid kit, broom, hacksaw, ax and a carton containing at least one dozen red emergency flares.
(5) 
The applicant shall maintain a comprehensive general public liability insurance policy covering the operation of the applicant's business (including the towing and storage of motor vehicles) and the premises from and at which said business is conducted, with limits for personal injury and property damage in such amounts as may be determined from time to time by resolution of the Village Board of Trustees, and the Village of Southampton shall be named as an insured in said insurance policy. The applicant shall deliver a certificate of such insurance to the Village Clerk. The applicant shall also deliver to the Village Clerk proof of compliance with the Workers' Compensation Law.
[Amended 11-10-1994 by L.L. No. 10-1994]
(6) 
The premises from and at which the applicant's business is conducted and the applicant's tow truck or trucks shall be subject to inspection by the Village from time to time to assure that the applicant is in compliance with the requirements of this chapter.
[Added 11-10-1994 by L.L. No. 10-1994]
(7) 
The applicant shall comply with such rules and regulations as may be adopted from time to time by resolution of the Village Board of Trustees, setting forth procedures for towing motor vehicles and general operations of a tow truck business.
[Added 11-10-1994 by L.L. No. 10-1994]
B. 
The Village Board of Trustees may from time to time by resolution adopt rules and regulations setting forth procedures for towing motor vehicles and general operations of a tow truck business.
[Amended 11-10-1994 by L.L. No. 10-1994]
C. 
The Village Board of Trustees may from time to time by resolution adopt rules and regulations establishing the manner in which tow truck operators shall be called by the Village police force from the approved list of tow truck operators.
[Added 11-10-1994 by L.L. No. 10-1994]
The Board of Trustees may remove from the approved list of tow truck operators any operator whom the Board shall determine, after public hearing, has failed to abide by any of the requirements of this chapter and any of the requirements of any rules or regulations adopted hereunder.
[Amended 1-29-1982 by L.L. No. 1-1982; 7-11-2002 by L.L. No. 1-2002]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.