Town of New Windsor, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Windsor 12-6-2000 by L.L. No. 5-2000 (Ch. 41 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned and junked vehicles — See Ch. 276.
Vehicles and traffic — See Ch. 280.
This chapter is titled "Towing Local Law of the Town of New Windsor."
[Amended 5-5-2004 by L.L. No. 1-2004]
A. 
Any person, business entity or corporation who or which owns any truck or other motor vehicle designed and able to tow other motor vehicles at the request of the Town of New Windsor shall first obtain a license from the Town Clerk of the Town of New Windsor as herein provided. Any person who drives or operates a tow truck or other motor vehicle for or on behalf of any person, business entity or corporation licensed by the Town of New Windsor for towing shall first obtain an operator's license from the Town Clerk of the Town of New Windsor as herein provided. No license by the Town Clerk of the Town of New Windsor shall be required for owners, or operators of trucks or other towing vehicles used at private garages, residences or other places at the request of the owner of the vehicle towed.
[Amended 2-3-2010 by L.L. No. 1-2010]
B. 
Only one towing license per tax parcel shall be issued to any person, business entity or corporation.
[Amended 2-3-2010 by L.L. No. 1-2010]
C. 
Each licensee shall have a secure storage facility. Any such storage facility owned or operated by the licensee must be exclusive to the licensee and located either in the Town or within a reasonable distance from the Town. The secure storage facility shall be reviewed for site plan approval by the Planning Board and shall be appropriately screened and fenced with a stockade fence. Photos of the entire business and the storage facility shall be submitted with the license application. No annual license shall be approved without valid Planning Board approval, which approval shall not be required to be renewed annually. If the storage facility borders a residential zone, the Planning Board may require additional screening.
[Amended 2-3-2010 by L.L. No. 1-2010]
D. 
It shall be a requirement for a towing license that every licensee shall have at least one towing vehicle and one flatbed truck. There must also be room for indoor storage for at least one vehicle.
E. 
The storage facility shall be available for vehicle pickup at reasonable hours Monday through Saturday.
[Amended 2-3-2010 by L.L. No. 1-2010]
A. 
Initial application. Each request for a tow truck license shall be made to the Town Clerk of the Town of New Windsor with an application duly sworn before a notary public of the State of New York, which application shall be in the form required by the Town Clerk and shall include at least the following information:
(1) 
If made by a business entity or corporation, the name, residence address and telephone number of the business representative making the application and a statement of the applicant's relationship to the business; the name, address and telephone number of the business, together with a copy of the business applicant's legal authority to conduct such business or corporation; additionally disclosing the identities of each corporate officer and/or business partner. If made by a natural person, the name, date of birth, social security number, residence address and telephone number.
(2) 
A description of each tow truck or other motor vehicle the applicant may utilize at the request of the Town of New Windsor, including the year, make, model, type, vehicle identification number and the registration and license plate numbers as issued by the New York State Department of Motor Vehicles.
(3) 
Certificates of insurance and/or copies of insurance policies as to each tow truck or motor vehicle the applicant may utilize at the request of the Town of New Windsor that shall provide and include the following:
(a) 
Liability insurance, identifying the Town of New Windsor, its agents, officers and employees as an additional insured and which requires notice to the Town Clerk in the event of cancellation or nonrenewal, covering personal injury and property damage for the use of each tow truck or motor vehicle, with a limit of not less than $1,000,000 combined single limit; the name and address of the insurance company; the name and address of the insurance agent; and the insurance policy number.
(b) 
Garage-keeper's liability insurance covering fire, theft and property damage to any vehicle towed, stored or impounded at the request of the Town, identifying the Town of New Windsor, its agents, officers and employees as an additional insured and which provides that such policy will remain in effect throughout the license period and requires notice to the Town Clerk in the event of cancellation or nonrenewal, with a limit of not less than $250,000 per incident.
(4) 
Certificates of insurance and/or copies of insurance policies proving business owner's coverage of workers' compensation and disability benefits for each employee; or proof that such company is not required by the State of New York to provide this coverage (reference § 57 of the Workers' Compensation Law and Subdivision 8 of the Disability Benefits Law).
(5) 
Official fingerprint identifications for the applicant and each business owner and operator and each corporate officers and/or business partner.
B. 
License renewals. Each year after the initial application, in lieu of the requirements of § 269-3A(1), (2) and (5), the business entity or corporation may provide a notarized statement certifying there have been no changes in the information provided in the initial application. However, the requirements of § 269-3A(3) and (4) remain applicable.
Each person who may operate a tow truck or other motor vehicle on behalf of a towing licensee at the request of the Town shall file an application for a towing license with the Town Clerk of the Town of New Windsor, which application shall be duly sworn before a notary public of the State of New York and shall include the following information:
A. 
The applicant's name, residence address, date of birth and social security number.
B. 
A statement of any conviction or pending court action for any vehicle and traffic offense and arrest or conviction or pending court action for any violation or crime, including the dates, locations and courts of jurisdiction.
C. 
Official fingerprint identification (at time of initial application only).
[Amended 2-3-2010 by L.L. No. 1-2010]
D. 
A copy of the applicant's New York State driver's license, conviction document issued by the New York State Department of Motor Vehicles and two full face and one side view photographs no greater than one inch by one inch in size.
A. 
Any person, business entity or corporation with tow trucks or other motor vehicles which are licensed by the Town of New Windsor may provide towing services at the request of the Town, provided that they comply with the provisions of this chapter, all other applicable Town of New Windsor laws, the laws of the State of New York and any lawful order issued by a police officer at the scene or location to which the licensee has been requested.
[Amended 5-5-2004 by L.L. No. 1-2004; 2-3-2010 by L.L. No. 1-2010]
B. 
Any applicant for any person, business entity or corporation whose officer, owner or business partner has been convicted of either one felony or two misdemeanors shall not be eligible for a tow truck license by the Town of New Windsor, provided that such disability has not been removed, as provided by Article 23-A of the New York State Correction Law.
[Amended 2-3-2010 by L.L. No. 1-2010]
C. 
Any applicant for a license to operate a tow truck for or at the request of a towing licensee at the request of the Town of New Windsor who has been convicted of either one felony or two misdemeanors shall not be eligible for licensing by the Town of New Windsor, provided that such disability has not been removed, as provided by Article 23-A of the New York State Correction Law. Additionally, any applicant for a license to operate a tow truck whose New York State driver's license has been suspended three or more times or has been revoked at least once within the 10 years preceding the application or whose criminal history is such that the issuance of a tow truck operator's license may pose a threat to public safety shall not be eligible for a tow truck operator's license issued by the Town of New Windsor.
[Amended 2-3-2010 by L.L. No. 1-2010]
D. 
Every towing licensee and every person licensed to operate a tow truck shall notify both the Town Clerk and the New Windsor Police Chief in writing within 10 days of any change of the statements made on the application as such changes occur during the license term, including but not limited to a change in business ownership or the status of any operator's New York State driver's license as to suspension or revocation, or for any changes in arrests, convictions or criminal proceedings, as the same was required for disclosure on the original application for any license.
[Amended 2-3-2010 by L.L. No. 1-2010]
E. 
Investigation. The Town Clerk shall forward each completed application to the New Windsor Chief of Police and Code Enforcement Officer, who shall review and verify all information contained therein. The Chief of Police shall be responsible for reviewing and maintaining all criminal history record information (CHRI) as disseminated by the New York State Division of Criminal Justice Services. Upon the completion of the Police Chief's investigation and Code Enforcement Officer's review, the application with recommendation shall be returned to the Town Clerk of the Town of New Windsor, who may or may not issue the license. For each application approved, the Town Clerk shall issue the appropriate license, together with the expiration date thereof in accordance with this chapter.
[Amended 5-5-2004 by L.L. No. 1-2004]
F. 
Denial. For each application denied, the Town Clerk shall not issue any license and shall notify the applicant, in writing, of the decision to deny the application.
G. 
Expiration. Every license issued pursuant to this chapter shall expire on the 31st day of December in the year of the issuance thereof.
H. 
Transfer. No license issued pursuant to this chapter may be transferred in any way from one operator to another nor from one truck to another.
A. 
The fee payable to the Town Clerk with each application for a tow truck and operator's license shall be as set forth in the Standard Schedule of Fees as revised each year.[1]
[1]
Editor's Note: See Ch. 137, Fees.
B. 
Each applicant must include with the submission of such application the associated processing fee for such initial fingerprint identification(s) as established by the New York State Division of Criminal Justice Services. Such processing fee and fingerprints shall be forwarded to the NYDCJS.
[Amended 2-3-2010 by L.L. No. 1-2010]
A. 
Rates charged for intrastate towing of vehicles, storage and specialized services within the Town of New Windsor at the request of the Town and listed in the Standard Schedule of Fees[1] shall not exceed the rates as set forth therein. No other charges shall be made for such tows. This section does not apply to any other towing, storage and/or service fees charged by tow operators licensed in the Town of New Windsor.
[Amended 2-3-2010 by L.L. No. 1-2010]
[1]
Editor's Note: See Ch. 137, Fees.
B. 
All licensees shall be required to post in the licensee's garage or service station, in a conspicuous place and available for view by the public, a schedule of the maximum rates for towing and storage as set forth in the Standard Schedule of Fees.[2]
[Amended 2-3-2010 by L.L. No. 1-2010]
[2]
Editor's Note: See Ch. 137, Fees.
C. 
Tow charges incurred by the Town for the removal of each abandoned vehicle shall not exceed one tow charge per vehicle.
There shall be no storage charge made for any abandoned vehicle ordered towed by the Town.
A. 
Tow trucks.
(1) 
The license issued to the person owning a licensed tow truck, in such form as may be established by the Town Clerk, shall at all times be prominently displayed on the dashboard so as to be visible from outside the tow truck.
[Amended 2-3-2010 by L.L. No. 1-2010]
(2) 
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, address and telephone number of the owner of such truck or the person, firm or corporation having the license number assigned to such tow truck by the Town Clerk.
B. 
Tow truck operators. Such photo license as shall be issued to each applicant approved for a license to operate a licensed tow truck shall be prominently displayed by the licensed tow truck operator so as to be easily observed from their front and shall be worn at all times while performing the duties of tow truck operator at the request of the Town of New Windsor.
A. 
No vehicle shall be licensed under this chapter unless the vehicle to be licensed is properly registered and inspected as required by the Vehicle and Traffic Law of the State of New York. Each truck shall meet all the requirements of the Vehicle and Traffic Law for such vehicle.
B. 
Each truck shall be equipped with a spotlight, either mounted or handheld, so that the beam or the light can be shown in all directions.
C. 
Each truck shall be equipped with an amber rotating light mounted at the top of the cab of such vehicle and shall be of a type that contains at least four sealed beam bulbs and is visible 360º for a distance of not less than 500 feet under normal atmospheric conditions.
D. 
Each truck shall be equipped with not less than three reflector-type triangles.
E. 
Each truck shall be equipped with a heavy-duty broom, shovel and fire extinguisher, the minimum rating of which shall be at least 10 pounds ABC.
F. 
Each truck shall be equipped with hoisting equipment of sufficient capacity to perform the service intended. The hoisting equipment of each wrecker shall be securely mounted to the frame of such vehicle. The winch of such hoisting equipment shall contain not less than 100 feet of three-eighths-inch steel strand cable; said cable shall be one continuous length and shall be free of breaks, splits or knots.
G. 
Each truck shall be equipped with a minimum of 20 pounds of Speedy Dry or other similar substance for the purpose of absorbing vehicular fluids from the roadway.
A. 
Removal from the scene of an accident. It shall be unlawful for any person, business entity or corporation to tow any vehicle:
(1) 
From the scene of an accident until proper authorization has been given by the vehicle's owner/operator or by the police officer of the Police Department in charge at the scene of the accident.
[Amended 2-3-2010 by L.L. No. 1-2010]
(2) 
Involved in an accident in which a person has been injured before the vehicle has been released by the officer in charge of the Police Department having jurisdiction at the scene of said accident.
B. 
Removal of debris. When requested to respond to the scene of an accident, the licensed person, business entity or corporation shall be responsible for removing and properly disposing of all debris from the roadway, including but not limited to glass, metal fragments and fluids, and to make the roadway safe for vehicular traffic.
[Amended 2-3-2010 by L.L. No. 1-2010]
C. 
Storage locations. All vehicles directed to be impounded by the New Windsor Police Department will be towed to a place of impoundment designated by the police officer or Chief of Police.
D. 
Collection of fees. The licensed firm shall be responsible for the collection of all fees for towing or storage of any vehicle. Neither the Town of New Windsor nor the New Windsor Police Department shall act as an agent for the collection of any fees nor shall they be held responsible in the event of nonpayment of any money due to any licensed firm as a result of services performed in accordance with this chapter.
E. 
Solicitation.
(1) 
It shall be unlawful for any person, business entity or corporation to drive along any public street or highway within the Town of New Windsor for the purpose of soliciting towing.
(2) 
It shall be unlawful for any person, business entity or corporation to solicit towing at the scene of any motor vehicle accident, on private property or on any public highway within the Town of New Windsor.
(3) 
The stopping of any tow truck within 500 feet of the scene of any accident or disabled vehicle on any public street or highway in the Town of New Windsor without the prior authorization of the operator or owner of the vehicle, an officer of the New Windsor Police Department or member of the New York State Police shall be presumptive evidence of the intent of the operator of a tow truck to solicit towing.
F. 
Inspections. The Chief of Police or his designated representative may inspect each licensee's place of business and storage area and every licensed tow vehicle at any time.
[Amended 5-5-2004 by L.L. No. 1-2004; 2-3-2010 by L.L. No. 1-2010]
A. 
The New Windsor Police Department shall maintain a list of all licensed tow truck establishments.
B. 
The Town of New Windsor police shall request towing from licensed towing establishments on a rotating basis from its list. Said list shall not apply to vehicles owned or operated by the Town of New Windsor. When a vehicle owner or operator of a disabled vehicle makes a choice of a specific towing establishment, the establishment shall be contacted at the request of the vehicle owner or operator, and no establishment shall be assigned from the list. The Town of New Windsor Police Department shall have the right to request any towing establishment for towing and/or storage when such is necessary in the course of a criminal investigation or police action, or upon an establishment's inability to respond at the request of any owner or operator. In the event that circumstances surrounding an accident present exigent or unique circumstances, the police officer of the Police Department in charge at the scene may utilize any tow operator available, should the officer in charge determine that specialized personnel and/or equipment is necessary to secure and clear the accident scene.
[Amended 2-3-2010 by L.L. No. 1-2010]
C. 
A licensee requested for towing by the Town shall arrive at the designated location within a reasonable time period, not to exceed 15 minutes commencing from the time the firm is notified. Should the establishment fail to arrive at the scene within 15 minutes, the next licensed towing establishment on the list shall be requested, and the first establishment requested shall not be permitted to make any tow nor be entitled to any compensation and shall forfeit its next rotational assignment for towing by the Town.
D. 
A licensee requested to perform a towing service shall not, without good cause, refuse to respond as requested. Any licensed towing establishment that misses or denies three or more requests by the Town in any thirty-day period shall be deemed to have refused to perform towing service without good cause. Any towing establishment deemed to have refused to perform towing service without good cause shall be removed from the list maintained by the Police Department for a period of 15 days following notification by certified mail, return receipt requested. Any towing establishment that cannot perform the requirements of this chapter may request to be removed from consideration for towing through the Chief of Police.
Licensing pursuant to this chapter shall create no new or additional liability for the Town of New Windsor. The Town's performance pursuant to this chapter is in furtherance of its general responsibility to the public. No person, business entity or corporation may or is authorized to create a special duty to anyone either by representation, act or omission. Licensees pursuant to this chapter shall indemnify the Town to the fullest extent allowed by law.
The specified dollar amounts established herein for liability insurance requirements and through the Standard Schedule of Fees for towing rate charges, service rate charges, storage charges and license fees are subject to change by local law, republication of the Standard Schedule of Fees or resolution of the Town Board.
A. 
Any person, business or corporation who or which violates any provision of this chapter shall be guilty of a violation.
B. 
Any person, business or corporation found guilty of violating any provision of this chapter shall be subject to a fine not to exceed $100 for the first offense and shall be subject to administrative action by the Police Chief as set forth in § 269-16.
C. 
Any person, business or corporation found guilty of violating any provision of this chapter within one year of a previous conviction of any such provision shall be fined not less than $250 and shall be subject to administrative action by the Police Chief as set forth in § 269-16.
D. 
Any person, business or corporation found guilty of violating any provision of this chapter for a third time within three years of the first conviction shall be fined $500 and the license shall be revoked.
A. 
The Chief of Police of the Town of New Windsor Police Department, or his designee, may remove the licensee from the Department's list for a maximum of 30 days if it is determined that the licensee has repeatedly or seriously violated any provision of this chapter, including site plan violations, fire code violations or zoning violations as may be reported by the Code Enforcement Officer. The towing license of any operator whose New York State driver's license becomes invalid shall be suspended immediately. The license of any tow truck operator who engages in conduct that threatens or is dangerous to public safety or which involves a violent act or act of moral turpitude may be suspended. The Chief of Police, or his designee, shall notify the Town Supervisor and Town Clerk, in writing, of all such delisting actions and suspensions.
[Amended 5-5-2004 by L.L. No. 1-2004; 2-3-2010 by L.L. No. 1-2010]
B. 
Any person, business entity or corporation deemed ineligible for a license hereto and any licensed towing establishment or licensed operator may request a hearing before the Town Supervisor, or his designated hearing officer, upon such determination, de-listing or license suspension. The purpose for such hearing will be to determine if the ineligibility, de-listing or suspension is warranted and that evidence exists for such ineligibility, de-listing or suspension. Such hearing request shall be submitted to the Town Supervisor, in writing, within three business days of the determination, de-listing or suspension. The Town Supervisor or his designated hearing officer shall conduct a hearing and make a determination promptly upon receipt of any written request.
C. 
The Town Board may revoke the license or licenses of any licensee who the Board determines has repeatedly or seriously violated any provision of this chapter, or in the furtherance of public safety.