[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.]
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.
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]
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]
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.
