It is hereby declared and found that it is of vital importance
to the traveling public that disabled vehicles are removed from the
highways as promptly as possible; that any delay in such removal may
result in retarding the movement of traffic unnecessarily and may
cause street accidents; and that the towing of motor vehicles from
public highways and private property within the Village is a matter
affecting the public interest and, consequently, should be subject
to supervision and administrative control for the purpose of safeguarding
the public against fraud and the imposition of exorbitant towing charges
or any similar abuse.
Unless otherwise expressly provided, for the purposes of this
chapter, or unless otherwise provided in the Code of the Town of North
Hempstead, the following words shall have the meanings herein indicated:
ACCIDENT
Any incident or occurrence in which:
A.
One or more vehicles come into contact with each other or one
or more objects, thereby causing personal injury or property damage.
B.
One or more motor vehicles is disabled for any reason, whether
or not any such vehicle has come into contact with another vehicle
or other object.
SCENE OF ACCIDENT
Any area of a street or private property where an accident
has occurred or to which a vehicle is removed to prevent obstruction
of traffic and will remain until the vehicle is removed either under
its own power or by a properly licensed tow truck.
SOLICIT
To entreat, to approach with a request or plea, to urge strongly,
to accost or to try to obtain by asking.
TOWING
The moving or removing of a disabled or abandoned motor vehicle
by another vehicle for hire.
TOW TRUCK
A.
A vehicle which either is towing or is equipped with a crane,
winch or similar device designed to raise, remove, push, pull or carry
a motor vehicle or the front or rear end thereof.
B.
For the purposes of this definition, the following shall not
be considered a tow truck:
(1)
A vehicle owned or operated by a governmental agency.
(2)
A vehicle being used exclusively for towing motor vehicles which
are owned, leased or operated by the owner or lessee of the towing
vehicle or by a person affiliated with the owner or lessee of the
towing vehicle and which towing vehicle has legibly inscribed on each
of its sides, in letters no less than three inches high, the legend
"not for public hire."
It shall be unlawful for any person to own or operate any tow
truck or permit the same to be operated within the Village without
first having obtained and then having in force a tow truck owner,
operator, driver, and vehicle license therefor issued by the Town
of North Hempstead where such license is required by the Code of the
Town of North Hempstead. Ownership and/or operation of such tow truck
shall at all times be conducted in accordance with the requirements
of the Code of the Town of North Hempstead.
Every vehicle operated within the Village as a tow truck shall
be kept mechanically fit, of good appearance and in a good, safe condition
for towing.
Charges for towing, storage and labor shall not exceed the charges
authorized by the Town of North Hempstead.
Every tow truck driver shall obey all traffic laws, ordinances,
local laws, rules and regulations while operating a tow truck and,
upon his/her conviction for any violation of any such law, ordinance,
rule or regulation shall report the same within three days to the
Village Administrator, advising of the nature of the offense charged
and the name and location of the court. The reporting requirement
set forth herein shall not apply to parking violations.
Licensed tow truck owners and drivers, when required, will answer
promptly all communication received from the Village Administrator.
The Village Administrator shall have the power to prescribe
reasonable rules and regulations for the proper and efficient administration
and enforcement of this chapter.