[HISTORY: Adopted by the Town Board of the Town of LaGrange as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1994 by L.L. No. 1-1994 (Ch. 50 of the 1975 Code)]
[Amended 6-26-2002 by L.L. No. 6-2002]
In order to promote the health, safety and welfare of the people of the Town of LaGrange, and pursuant to the statutory authority provided by § 1602(b) and § 1660, Subdivisions (a)18 and (a)25, of the Vehicle and Traffic Law of the State of New York, it is found necessary to enable police officers, and peace officers including members of fire police squads duly established by fire departments or fire companies serving the Town of LaGrange under General Municipal Law § 209-c, to control and regulate vehicular and pedestrian traffic, and the stopping, standing and parking of vehicles, in the vicinity of fire, accident and other public emergency scenes.
As used in this article, the following terms shall have the meanings ascribed to them below:
- PEACE OFFICER
- Every duly designated person meeting the definition of § 2.10
of the Criminal Procedure Law of the State of New York, and shall
include members of fire police squads duly established under § 209-c
of the General Municipal Law of the State of New York.[Amended 12-30-2002 by L.L. No. 12-2002]
- POLICE OFFICER
- Persons as defined in § 1.20 of the Criminal Procedure Law of the State of New York.
[Added 6-8-2016 by L.L. No. 4-2016]
The Town Board of the Town of LaGrange hereby makes the following findings: The health, safety and welfare is adversely affected by the practice of some tow truck operators in the Town of LaGrange coming to the scene of motor vehicle accidents in order to solicit business from those involved in said accidents. The arrival at the scene of more tow trucks than are required unnecessarily expands the scene of the accident to include those tow trucks. This increases traffic congestion and creates greater difficulty in directing traffic around the scene. Increased traffic congestion can cause delays for emergency vehicles and possibly life-saving personnel and equipment arriving at the scene of the accident and at other emergencies that may occur at the same time. Also. this increased congestion can cause other motor vehicle accidents to occur and thus unnecessarily increase the risk of injury to emergency personnel, persons and property. The presence of more tow trucks than are required can also interfere with the activities of those police officers investigating the causes of the accident.
[Amended 6-8-2016 by L.L. No. 4-2016]
Whenever deemed advisable during a fire or at the time of any accident or other special emergency, a police officer or peace officer may, for such period of time as deemed necessary for public safety and the effectiveness of emergency personnel, temporarily close any street or section thereof to vehicular traffic, or divert any vehicular or pedestrian traffic away from the vicinity of the emergency scene, or they may curtail the stopping, standing, or parking of any vehicles in the vicinity of the emergency scene.
Solicitation: The solicitation of towing business at motor vehicle accidents is prohibited within the Town of LaGrange. It shall be unlawful for any person operating a tow truck to cause said tow truck to remain within 500 feet of the scene of a motor vehicle accident unless such person has been called to the scene by a police officer, peace officer, emergency incident commander, or directly by a person involved in the mishap. Any first responder arriving at the scene under a "blue light" in a tow vehicle and breaking the five-hundred-foot barrier shall be considered present as an emergency responder and not at the scene for the purposes of solicitation of towing business.
It shall be an offense under this article, in the nature of a violation under this state's criminal procedure law, for any person to disregard any direction of a police officer or peace officer given in the furtherance of their authority bestowed hereunder, including but not limited to the failure or refusal to move a vehicle away from, or to otherwise depart from, the vicinity of a fire, accident or other special emergency scene.
[Amended 6-8-2016 by L.L. No. 4-2016]
Any tow operator who violates this article, regardless of whether a conviction of an offense first occurs, shall be subject to forfeiture of his/her position on the rotating tow list used by the Dutchess County Sherriff's Office and the New York State Police, in addition to the penalties for conviction stated above in Subsection A of this § 111- 5.