[HISTORY: Adopted by the Town Board of the
Town of Islip 2-3-1976 as L.L. No. 1-1976. Amendments noted where
applicable.]
GENERAL REFERENCES
Traffic Safety Board — See Ch.
52.
Vehicles and traffic — See Ch.
59.
Abandoned and impounded property — See Ch.
60.
Vehicular uses on Fire Island — See Ch.
61.
A. Findings. It is hereby declared and found that delay
in removal of damaged and disabled motor vehicles results in congestion
of traffic and causes accidents; that, therefore, it is of vital importance
to remove damaged and disabled vehicles from the roads as promptly
as possible; that motorists whose vehicles have become damaged and/or
disabled are frequently concerned with more pressing problems than
the removal of their vehicles, or through absence or injury are unable
to do so; that in the past, when towing services have been selected
from a rotating list maintained at the behest of the Town, motor vehicles
damaged as the result of accidents have been towed to places where
they could not be located or when located could not be repaired, thus
causing the owner loss of time, confusion and additional expense either
in the form of further towing charges or premiums paid to the shop
which ultimately repairs the vehicle; that unfair competition has
occurred among tow truck operators; and that, in the past, members
of the motoring public have been the victims of frauds, overcharges
and similar abuses in connection with towing services.
B. Declaration of purpose. It is, therefore, the purpose
and intent of this local law to establish an orderly system for the
safe and expeditious removal of damaged and/or disabled motor vehicles
from the roads of the Town of Islip; to supervise and control the
operation of towing businesses within the Town; to ensure that, when
towing services are selected from a rotating list maintained at the
behest of the Town, motor vehicles damaged and disabled as the result
of accidents are towed to convenient and certain locations where they
may be lawfully repaired; and to protect the public from frauds, overcharges
and similar abuses.
Unless otherwise expressly provided, the following
words, for the purposes of this local law, shall have the meanings
herein indicated:
ACCIDENT
Any incident or occurrence in which one or more motor vehicles
come in contact with each other, or other object, thereby causing
damage to a motor vehicle.
APPLICANT
A person who is applying for a towing business license and/or
a medallion.
BODY SHOP
A motor vehicle repair shop as defined in, and holding a
license as required by, the State Motor Vehicle Repair Shop Registration
Act (Vehicle and Traffic Law § 398-b or any amendment thereto).
DEPOT
Any place where tow trucks and/or motor vehicles can be stored.
DRIVER
Any person driving a tow truck upon the roads in the Town.
FOR HIRE
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, including any case where
any person makes repairs on a towed vehicle for a consideration and
no charge is expressly imposed for the towing of such vehicle.
GARAGE
Any place where mechanical repairs of motor vehicles are
conducted.
HEAVY-DUTY TOW TRUCK
A tow truck capable of righting and towing a motor vehicle
over three tons, with a minimum fourteen-ton boom capacity.
HOLDING AREA
A leased, owned or operated garage, depot or body shop consisting
of one single or several contiguous parcel(s) of land and comprised
of an enclosed fenced area suitable for the storage of motor vehicles.
[Added 3-1985 by L.L. No. 2-1985]
LICENSE
A certificate issued by the Town Clerk to conduct a towing
business.
LICENSEE
A person who is the holder of a valid license.
MEDALLION
Identification plate (number) assigned to a particular tow
truck by the Town Clerk.
OPERATE
Includes the control and direction of the use of a vehicle
and the use of a vehicle for towing from places within the Town.
PERSON
Includes an individual, a partnership, any unincorporated
association, a corporation or any other entity.
TOWER
A person owning or leasing or controlling one or more tow
trucks and driving or operating or causing any such vehicle to be
operated upon the public highways for hire.
TOWING
The carrying, lifting or moving of a single motor vehicle
by another motor vehicle.
TOWN
The unincorporated area of the Town of Islip, outside the
incorporated villages located within the Town of Islip, whether on
private property or on the roads of the Town of Islip.
TOW TRUCK
A motor vehicle which is designed or equipped for carrying,
lifting or moving another motor vehicle.
A. No person shall conduct a towing business in the Town
without having first obtained a license therefor as hereinafter provided.
B. A person shall be deemed to be conducting a towing
business within the Town, and shall be required to obtain a license
hereunder, when he operates one or more tow trucks for hire, and either
has a garage, depot or body shop within the Town or regularly advertises
or solicits towing business, responds to calls or otherwise regularly
provides towing services within the Town.
C. Nothing herein shall be construed to require a license
for a tow truck to traverse the Town, with or without a motor vehicle
in tow, or to require a license of or otherwise prevent any person
not conducting a towing business within the Town from providing towing
services at the request of an owner, operator or other person in charge
of a motor vehicle.
D. A person who is towing a vehicle that he owns shall
not be required to obtain a towing license as provided for in this
local law.
[Added 9-5-1978; amended 3-19-1985 by L.L. No. 2-1985]
A. A licensee must obtain a medallion for each tow truck
operated in the Town in connection with his towing business.
B. Each medallion must be securely affixed to the driver's
door of the tow truck it was assigned to by the Town Clerk, and shall
remain there and be clearly visible for inspection at all times the
medallion is valid.
No license or medallion shall be issued unless
an application is completed and filed with the Town Clerk on a form,
prescribed by the Town Clerk, requiring:
A. The name and address of the applicant, along with
a certified copy of his certificate of doing business, specifying,
in the case of a partnership or unincorporated association, the name
and address of each partner or member thereof and, in the case of
a corporation, a certified copy of the certificate of incorporation,
including any certificates of amendment thereto, in addition to the
name and address of each officer, director and stockholder, except
that if the corporation is listed on the stock exchange, the names
and addresses of the stockholders owning 5% or more of the stock issued
shall be included. In addition, the applicant shall furnish the name
and address of all agents and employees who shall be authorized to
operate a tow truck under the applicant's license, as well as the
operator license number of every such agent or employee issued by
the New York State Department of Motor Vehicles.
[Amended 3-19-1985 by L.L. No. 2-1985]
B. The date of birth of the applicant or each partner,
member, officer, director or stockholder where applicable.
C. With respect to each tow truck to be operated in the
Town by the applicant for which a medallion is requested:
(1) The vehicle identification number.
(2) The license plate number.
(3) The make, model and year.
(4) The amount of liability and property damage insurance;
the name of the insurance company, policy number and expiration date
of the policy.
(5) The name and address of the owner.
(6) Whether each tow truck is equipped as required herein.
(7) Whether each tow truck is a heavy-duty wrecker.
D. The address of any and all depots, garages or body
shops, whether located inside or outside the Town, that will be used
by the applicant in connection with his towing business and which
tow trucks will be stationed at each location.
E. The name and address of a single holding area in the Town to which the applicant will tow motor vehicles in connection with applicant's towing business, in the absence of a designation to the contrary, in accordance with §
51-19, by the owner or person in charge of the motor vehicle.
[Amended 3-19-1985 by L.L. No. 2-1985]
F. Whether the applicant wants to be placed on the accident
roster, the nonaccident roster and/or the heavy-duty roster.
G. Statement whether the applicant or, if the applicant is a partnership, an unincorporated association or a corporation, any partner, member, officer, director or stockholder (as defined in Subsection
A above):
(1) Has within the last five years ever been convicted
of a crime, and if so, the date, crime, charge and sentence imposed.
(2) Has ever been denied a license for a tow truck or
towing business, or a license issued to the applicant has ever been
suspended or revoked, and if so, the date, the location and the circumstances
thereof.
H. A list of all valid licenses, held by the applicant,
which authorize him to conduct a towing business and/or a body shop.
I. At least one but no more than two telephone numbers
where the applicant, his agent or employees can be located at all
times.
J. Fingerprints. When the application form has been completed,
the applicant shall submit himself to an officer of the Town Division
of Public Safety to be fingerprinted. A copy of such fingerprints
shall be mailed to the Division of Criminal Justice Services, Albany,
New York, requesting a fingerprint search. The Town Clerk shall secure
from the applicant the required fee in the form of a money order made
payable, as required, to the New York State Division of Criminal Justice
Services in the amount of the required fee, to be forwarded with such
prints.
[Added 8-28-1979; amended 3-19-1985 by L.L. No. 2-1985; 11-18-1986 by L.L. No.
7-1986; 7-16-2002 by L.L. No. 1-2002]
[Amended 7-16-2002 by L.L. No. 1-2002]
Upon receipt of a properly completed application
and the fees, the Town Clerk shall issue a license or renewal thereof
for a towing business, unless upon investigations:
A. The Town Clerk determines that the applicant is an
undesirable person or incapable of properly conducting a towing business
in the Town.
B. The Town Clerk determines that an applicant, who has
been convicted of a misdemeanor or felony, is unfit or undesirable
to carry on a towing business in the Town.
C. The applicant's garage, depot or body shop used in
connection with his towing business is in violation of the zoning,
building or fire laws, ordinances or regulations in the municipality
in which it is located.
D. The Town Clerk finds that the applicant has made a
materially false statement or misrepresentation in his application.
[Amended 7-16-2002 by L.L. No. 1-2002]
Upon receipt of the fees, the Town Clerk shall
issue a medallion or renewal thereof for each tow truck to be operated
within the Town by a licensee, if upon inspection by the Town it is
determined that the tow truck is equipped as provided herein.
[Added 9-15-1981 by L.L. No. 3-1981]
No person shall conduct a towing business within
the Town, unless he shall comply with the following requirements:
A. All tow trucks used by such person shall comply with the provisions of §
51-7 of this local law, whether garaged inside or outside the Town, as well as the applicable safety provisions of the Vehicle and Traffic Law.
[Amended 3-19-1985 by L.L. No. 3-1985]
B. All tow trucks used by such person shall be insured
in accordance with the provisions of the Vehicle and Traffic Law,
and in addition, shall be insured for liability for damage to any
vehicle, without regard to negligence, for damage caused to such vehicle
during the course of towing or winching said vehicle pursuant to this
local law.
C. Each licensee shall maintain each garage, depot and body shop used in connection with such towing business in full compliance with the Zoning Ordinance, Chapter
68 of this Code, the New York State Building Construction Code and all other applicable statutes, codes, rules and regulations.
D. Each license shall maintain a garage, depot or body
shop in the Town to which all motor vehicles towed pursuant to this
local law shall be transported. Unless otherwise directed in writing
by the owner or operator thereof, no such motor vehicle may be transported
to any location other than such garage, depot or body shop. No such
motor vehicle shall thereafter be removed from said garage, depot
or body shop without the written consent of the owner of such motor
vehicle.
E. For the purposes of this local law, each parcel of
real property comprising a single street address shall be deemed a
single garage, depot or body shop. Only one licensee may operate a
towing business from a single street address. Only one license shall
be granted to any person operating a towing business within the Town,
regardless of the number of tow trucks he may own or operate. No garage,
depot or body shop shall be designated more than once or by more than
one licensee as a holding area under this local law. Each licensee
shall be permitted only one position on the accident roster, one position
on the nonaccident roster and one position on the heavy-duty roster,
regardless of the number of tow trucks owned or operated.
[Added 2-2-1982 by L.L. No. 1-1982;
amended 3-19-1985 by L.L. No. 4-1985]
A. Tow trucks used to respond to calls from the nonaccident
roster must be equipped at all times with:
(1) Emergency flashing yellow lights.
(2) A CO2 or dry powder fire extinguisher
with a minimum capacity of 15 pounds.
(3) At least one dozen red railroad-type flares.
(9) A lifting boom on the rear of the truck.
(10) A minimum one-and-one-half-ton power winch equipped
with 150 feet of three-eighths-inch steel cable.
B. Tow trucks used to respond to calls from the accident
roster and the heavy-duty towing roster must be equipped at all times
with:
(1) The equipment specified in Subsection
A above.
C. Every tow truck operated in connection with a licensee's
towing business in the Town must have inscribed on each side thereof,
in legible letters not less than three inches high, the name and address
of the licensee.
Every license and medallion issued hereunder
shall be effective from the date of issuance and shall expire on the
first day of September following the issuance thereof, unless earlier
suspended or revoked by the Town Board as provided herein.
A. No license or medallion issued hereunder shall be
transferred to another person or vehicle.
B. The licensee shall notify the Town Clerk if any tow
truck for which a medallion was issued is destroyed, sold or otherwise
transferred, within 10 days thereof, and immediately return the medallion
to the Town Clerk.
[Amended 7-16-2002 by L.L. No. 1-2002]
The Town Board shall, by resolution, adopt a
schedule of license and medallion fees as shall be necessary pursuant
to this chapter. Such fees shall be collected by the Town Clerk and
shall be the fees required under the chapter until the same shall
be amended or modified or repealed by a subsequent resolution of the
Town Board. No annual fee shall be prorated or rebated.
A. The Town shall be divided into the following sections,
each with its own accident and nonaccident roster:
(1) North: to be bounded on the west by the Town of Babylon
and running northerly by the Town of Huntington; on the north by the
Town of SmithTown; on the east by the Veterans Memorial Highway to
its junction with Connetquot Brook and then running southerly by the
Connetquot Brook; on the south by the Sunrise Highway and running
westerly by Heckscher Spur and then Southern State Parkway to the
Town of Babylon line.
(2) South: to be bounded on the west by the Town of Babylon
line; on the north by the Southern State Parkway and running easterly
along Heckscher Spur and then along Sunrise Highway to Connetquot
Brook; on the east by Connetquot River and on the south by the Great
South Bay.
(3) East: to be bounded on the west by the Connetquot
River and then running northerly by the Connetquot Brook to its junction
with the Veterans Memorial Highway and then northerly along Veterans
Memorial Highway to the Town of SmithTown line; on the north by the
Town of SmithTown and running easterly by the Town of Brookhaven;
on the east by the Town of Brookhaven and on the south by the Great
South Bay.
B. The Town Clerk shall prepare and certify to the Commander
of the interested precincts of the Suffolk County Police Department
the accident rosters and nonaccident rosters, with the names of the
licensees in each section listed in the order in which the licensees
qualify for such listing.
[Amended 3-1985 by L.L. No. 2-1985]
C. The Town Clerk shall prepare and certify to the Commander
of the interested precincts of the Suffolk County Police Department
a heavy-duty towing roster, with the names of the licensees listed
in the order in which the licensees qualify for such listing. The
roster shall be maintained on a Town-wide basis.
[Amended 3-19-1985 by L.L. No. 2-1985]
D. No person shall qualify for a position on the accident
roster, the nonaccident roster or the heavy-duty roster unless he
shall maintain a holding area within the Town to which the applicant
will tow all motor vehicles picked up as a result of a call from the
accident, nonaccident or heavy-duty roster, absent a specific designation
to the contrary by the owner or operator of the motor vehicle requiring
such a tow. The holding area must consist of or include 2,000 square
feet of enclosed fenced space and no less than six-foot-high opaque
fencing or equivalent fencing, which shall be used to store all vehicles
towed thereto, and must comply with the regulations of the Town Zoning,
Building and Fire Prevention Ordinances. A licensee shall make the
holding area accessible to the owners of vehicles towed thereto.
[Added 3-19-1985 by L.L. No. 2-1985;
amended 4-7-2015]
E. Any person who legally qualified for a position on
any one of the described rosters prior to the effective date of this
revision may continue to hold a position on said roster despite the
fact that he may not presently have a holding area of 4,000 square
feet, provided that:
[Added 3-19-1985 by L.L. No. 2-1985]
(1) He shall not fail to renew his license annually.
(2) He shall comply with all other provisions of this
local law, including the enclosed fencing requirement.
A. Motor vehicles not involved in accidents, but which
are disabled and which must be removed from the road, and where the
owner or other person in charge thereof does not request the services
of a specific tow truck operator, shall be towed by licensees from
the nonaccident roster on a rotating basis.
B. In order to qualify for the nonaccident roster, the
person must:
(1) Hold a valid towing business license issued pursuant
to this local law.
(2) Have at least one tow truck equipped as provided herein,
with a valid medallion affixed to it.
(3) Maintain $100,000/$300,000 of automobile liability
insurance and $25,000 of property damage insurance on each tow truck
that will be used to respond to calls from the nonaccident roster
and provide evidence of garage liability insurance covering any depot,
garage and body shop specified in the licensee's application.
[Amended 3-19-1985 by L.L. No. 2-1985]
(4) Maintain twenty-four-hour service to answer calls
to remove disabled motor vehicles.
C. A licensee shall have one turn on the nonaccident
roster regardless of how many tow trucks he may own or operate.
D. Only tow trucks properly equipped and with medallions
that have been issued hereunder may respond to calls from the nonaccident
roster.
A. Motor vehicles which are involved in accidents and
which are disabled, and whose owners do not request the services of
a specific tow truck operator, shall be towed by licensees on the
accident roster on a rotating basis.
B. In order to qualify for the accident roster, a person
must:
(1) Hold a valid towing business license issued pursuant
to this local law.
(2) Have at least one tow truck equipped as provided herein,
with a valid medallion affixed to it.
(3) Maintain twenty-four-hour service to answer emergency calls
to remove damaged and disabled motor vehicles.
(4) Maintain $100,000/$300,000 of automobile liability
insurance and $25,000 of property damage insurance on each tow truck
that will be used to respond to calls from the accident roster and
provide evidence of garage liability insurance covering any depot,
garage and body shop specified in the licensee's application.
[Amended 3-19-1985 by L.L. No. 2-1985]
C. A licensee shall have one turn on the accident roster
regardless of how many tow trucks he may own or operate.
D. Only tow trucks properly equipped and with medallions
that have been issued hereunder may respond to calls from the accident
roster.
A. In order to qualify for the heavy-duty towing roster,
a person must:
(1) Hold a valid towing business license issued pursuant
to this local law.
(2) Have at least one heavy-duty tow truck, equipped as
provided herein, with a valid medallion affixed to it.
(3) Maintain $100,000/$300,000 of automobile liability
insurance and $25,000 of property damage insurance on each heavy-duty
tow truck that will be used to respond to calls from the heavy-duty
towing roster and provide evidence of garage liability insurance covering
any depot, garage and body shop specified in the licensee's application.
[Amended 3-1985 by L.L. No. 2-1985]
(4) Maintain twenty-four-hour service to answer calls
to remove damaged and disabled motor vehicles over three tons.
B. When the police officer at the scene determines that
heavy-duty towing services are required, the licensee shall be called
from the heavy-duty towing roster on a rotating basis. However, such
licensee shall not lose his turn on any other roster on which his
name might appear.
C. A licensee shall have one turn on the heavy-duty towing
roster regardless of how many heavy-duty tow trucks he may own or
operate.
D. Only heavy-duty tow trucks properly equipped and with
medallions that have been issued hereunder may respond to calls from
the heavy-duty towing roster.
[Amended 7-16-2002 by L.L. No. 1-2002; 3-16-2010 by L.L. No.
3-2010]
A. No tower shall charge more than the maximum charges set forth herein
for each tow truck used in towing a motor vehicle picked up within
the Town and towed to a place within the Town.
B. No license shall charge more than the maximum charges set forth herein for each tow truck used in towing a motor vehicle picked up pursuant to §§
51-13 through
51-15 herein when towed to the licensee's place of business or any location in the Town designated by the owner or person in charge of the motor vehicle.
C. The maximum charges shall be:
(1) For towing of passenger cars, regardless of weight, and all other
motor vehicles with a weight of not more than two tons, from the accident
roster: $160.
(2) For towing of passenger cars, regardless of weight, and all other
motor vehicles with a weight of not more than two tons, from the nonaccident
roster: $125.
(3) For winching: $45.00 per 1/2 hour, not to exceed $90.
(4) The labor to right an overturned passenger car, regardless of weight,
and all other motor vehicles with a weight of not more than two tons,
may not exceed $75.
(5) Storage, whether inside or outside, may not exceed $30 per day up
to 40 days.
(6) Heavy duty; for trucks, buses and all other motor vehicles with a
weight of two tons or more: $250.
(7) The labor to right an overturned truck, bus and all other motor vehicles
with a weight of more than two tons: $150 per truck hour.
(8) The labor to perform any and all cleanup at the scene of an accident:
$25.
(9) Reimbursement of oil absorbent material used to clean up vehicle
fluids will be made at the rate of $10 per bag.
(10)
Yard fee (the labor to secure a disabled vehicle within an authorized
storage yard): $45.
(11)
Light-duty recovery: when extracting a disabled motor vehicle
from extreme conditions, including removal from water, wooded areas
where the disabled motor vehicle is located more than fifty feet into
the wooded area, from atop roadway dividers or any other condition
requiring special skills, manpower or additional equipment, a fee
of $45 per 1/2 hour.
D. The maximum permitted charges provided in §
51-16 shall not apply to the heavy-duty towing for motor vehicles with a weight of 10 tons or more.
A. The maximum charges set forth herein may be reviewed
and revised at any time by the Town Board.
B. Upon receipt of a petition signed by at least 51%
of the persons currently holding valid towing business licenses, the
Town Board shall conduct a public hearing and review the maximum charges
set forth herein; however, the Town Board shall conduct no more than
one review based upon such a petition in any calendar year.
A. The interested Precinct Commander of the Suffolk County
Police Department or his authorized representative shall designate
licensees from the accident, nonaccident and heavy-duty towing rosters
on a rotating basis unless the owner or other person in charge of
the motor vehicle requests the services of a specific tower and provides
the police officer at the scene with the correct name or telephone
number of the requested tower.
[Amended 3-19-1985 by L.L. No. 2-1985]
B. Notwithstanding the fact that the owner or other person
in charge of the motor vehicle has requested the services of a specific
tower, if, in the judgment of the police officer at the scene of an
accident or disablement, an emergency exists which requires the immediate
removal of a motor vehicle which cannot be provided by the requested
tower, the police officer may call the next tower from the applicable
list for the purpose of removing the vehicle from the roadway. In
this event, the tower requested by the owner or other person in charge
of the motor vehicle shall pick up the vehicle from the location to
which it was moved by the tower called by the Police Department. The
tower called by the Suffolk County Police Department shall be entitled
to charge the owner or operator in accordance with the applicable
provisions hereof.
C. The interested Precinct Commander of the Suffolk County
Police Department or his authorized representative shall post the
accident, nonaccident and heavy-duty towing rosters, which have been
certified by the Town Clerk, in a public place selected by the Suffolk
County Police Department.
[Amended 3-19-1985 by L.L. No. 2-1985]
A. Any motor vehicle picked up in the Town must be removed
to a location designated by the owner or the person in charge of the
motor vehicle.
B. When the owner or other person in charge of the motor vehicle does not designate a place to which the motor vehicle is to be towed, in the case of a motor vehicle involved in an accident which is damaged or disabled and picked up as a result of a call from the accident or heavy-duty roster, such motor vehicle shall be towed to the holding area designated in the licensee's application pursuant to §
51-5E.
[Amended 3-1985 by L.L. No. 2-1985]
C. Whenever a motor vehicle is towed to the holding area designated in the licensee's application pursuant to §
51-5E or to the depot, garage or body shop used by the licensee in connection with his towing business, as indicated on his application for a towing license, that motor vehicle must be made accessible to the owner or the person in charge of the motor vehicle, during storage, for the purpose of inspection to ascertain the extent of damage, if any, to that motor vehicle.
[Added 2-6-1979; amended 3-19-1985 by L.L. No. 2-1985]
It shall be unlawful for any licensee on the
accident, nonaccident and heavy-duty towing roster to refuse to tow
away a motor vehicle after having appeared on the scene at the request
of the Suffolk County Police Department, provided that his equipment
is capable of towing the vehicle.
It shall be unlawful for a licensee to assign
his place on the accident, nonaccident or heavy-duty towing roster
to any other person or licensee on the accident, nonaccident or heavy-duty
towing roster.
[Amended 3-19-1985 by L.L. No. 2-1985]
A tower called to the scene of an accident or
disablement must clean up any debris resulting therefrom to the satisfaction
of the police officer on the scene. Failure to do so shall result
in the tower being removed from the roster.
If more than one tow truck is required at the
scene of an accident, the choice of the damaged motor vehicles to
be towed shall be determined by the order in which the licensees arrive
at the scene, irrespective of the time each was called. Each licensee
that appears on the scene shall, however, if requested, assist the
police officer in clearing the motor vehicles from the road onto the
shoulders or side of the road. No additional charge shall be made
for this service. No licensee shall forfeit his right to select any
particular damaged motor vehicle by virtue of having assisted the
police officer in clearing the road.
It shall be unlawful for any person who is not
designated from the accident, nonaccident or heavy-duty towing roster
to tow away any motor vehicle which has been disabled or involved
in an accident, unless such removal is with the consent and by the
direction of the police officer at the scene or the owner or person
in charge of the motor vehicle.
It shall be unlawful for any person to solicit
towing or repair work at the scene of an accident or a location where
a motor vehicle is disabled or damaged, or to go to the scene of such
accident or disablement for the purpose of soliciting towing or repair
work.
A. A licensee who cannot be reached when called by the
Suffolk County Police Department at the telephone numbers provided
by him in his application, or who declines to provide services after
answering the call, shall lose his turn on the appropriate roster
and must wait for that roster to be called in its entirety before
he is eligible to be called again.
B. In any case where a licensee has not arrived at the
scene within 30 minutes from the time he receives a call for service
from the Suffolk County Police Department, or where a licensee arrives
at the scene with equipment which in the opinion of the police officer
on the scene is not adequate to perform the requested services, he
shall lose his turn on the appropriate roster and shall not be entitled
to receive any charges for responding.
C. In any case where a tower requested pursuant to §
51-18 does not arrive upon the scene within 30 minutes from the time he receives a call for service from the Suffolk County Police Department, or where he arrives on the scene with equipment which in the opinion of the police officer on the scene is not adequate to perform the requested services, the police officer may call a tower from the appropriate roster, and the requested tower shall not be entitled to receive any charges for responding.
D. In responding to a call, the truck or company responding
must be the truck or company assigned to that spot on the roster.
Any other vehicle responding is in violation of the Town Code and
therefore subject to a fine and/or suspension.
[Added 7-16-2002 by L.L. No. 1-2002]
No tower shall solicit or receive any consideration,
premium or other emolument for the delivery of any damaged or disabled
motor vehicle to a body shop.
[Amended 6-6-1978 by L.L. No. 3-1978]
A. Any license or medallion issued hereunder may be suspended
by the Town Clerk for a period to be determined by the Town Clerk
after a hearing at which the licensee shall have an opportunity to
be heard.
[Amended 7-16-2002 by L.L. No. 1-2002]
B. The Town Board may revoke or suspend any license or
medallion issued hereto if the licensee shall have been convicted
of a violation of any provision of this local law or any provision
of the zoning, building or fire prevention laws, rules or regulations
of the Town of Islip relating to premises used by the licensee in
connection with his towing business, or who has made a materially
false statement or misrepresentation in his application for a license
or medallion, or if the Town Board shall determine that the licensee
is for any other reason an undependable person or is incapable of
properly conducting the towing business.
[Amended 6-6-1978 by L.L. No. 3-1978]
A. The Town Clerk shall notify the licensee by registered
mail, return receipt requested, that charges have been made against
him/her which may warrant a suspension or revocation of the license.
The licensee may respond by letter or in person and explain the circumstances
of the allegations. If the Town Attorney determines, after hearing
both sides, that there may be cause to suspend or revoke the license
he/she shall schedule a hearing before a hearing officer appointed
by him/her at a convenient time and place for all parties. The hearing
officer shall make a recommendation to the Town Attorney who shall,
in turn, make a recommendation to the Town Board. The Town Board shall
consider the recommendation and take such action as it sees fit.
[Amended 7-16-2002 by L.L. No. 1-2002]
B. Upon any hearing for the suspension or revocation
of a license or medallion, the licensee involved shall be entitled
to be represented by legal counsel and to present testimony or other
evidence in his own behalf as may be relevant to the subject matter
of the hearing.
A. No vehicle damaged in an accident or otherwise disabled
shall be removed without a written authorization signed by the owner
or other person in charge of the motor vehicle or, if no such person
is present, by the police officer in charge thereof.
B. Such authorization shall contain the following:
(1) The make, model, year and vehicle identification number
of the motor vehicle.
(2) The name and address of the owner or person in charge
of the motor vehicle, if known.
(3) The name and badge number of the police officer in
charge, if applicable.
(4) The amount charged for the towing and related services.
(5) The location to which the vehicle will be towed and
stored.
C. The signed authorization must be retained by the tower
for a period of six months from the date the vehicle was towed and
shall be exhibited upon demand to the owner or person in charge of
the motor vehicle and any official of the Town or member of the Suffolk
County Police Department investigating violations of this local law.
A. A tower shall prepare a bill, the original of which
shall be furnished to the owner or the person in charge of the motor
vehicle.
B. The bill shall contain the following information:
(1) The name and address of the tower.
(2) The full name and address of the owner or the person
in charge of the motor vehicle.
(3) The name and badge number of the police officer at
the scene, if towed at the request of the Suffolk County Police Department.
(4) The make, model, year and vehicle identification number
of the motor vehicle.
(5) An itemization of the charges for towing and related
services, broken down, as follows:
(d)
Uprighting of overturned vehicle.
(6) The tow truck medallion number and the licensee's
license number, if applicable.
(7) A schedule of the maximum allowable fees as prescribed by §
51-16 hereunder.
[Added 3-19-1985 by L.L. No. 2-1985]
C. The duplicate of each bill shall be retained by the
tower for a period of six months from the date of towing. The bill
shall be exhibited upon demand to the owner or person in charge of
the motor vehicle and any official of the Town or member of the Suffolk
County Police Department investigating violations of this local law.
D. Upon payment of the bill, the licensee shall acknowledge,
in writing, receipt of the same.
A. Upon the sale or other disposition of a tow truck
for which a medallion was issued, the licensee shall, within five
days thereof, notify the Town Clerk of such sale or other disposition
and surrender the medallion.
B. Where a licensee changes its name, location or telephone
number, notification thereof shall be given to the Town Clerk within
five days thereof.
[Amended 3-19-1985 by L.L. No. 2-1985]
A violation of this local law is hereby declared
to be a violation, and any person violating the same may, upon conviction,
be punished by a fine of not less than $250 nor greater than $500.
If any section, subsection, sentence, clause,
phrase or portion of this local law is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
of this local law.
A. Upon the effective date of this local law, Chapter
51 of the Code of the Town of Islip, known as the "Tow Truck Ordinance of the Town of Islip," is repealed.
B. Notwithstanding Subsection
A above, any valid and current license and medallion issued under the Tow Truck Ordinance of the Town of Islip shall remain in effect until September 1, 2002.
[Amended 7-16-2002 by L.L. No. 1-2002]
[Amended 7-16-2002 by L.L. No. 1-2002]
This chapter shall take effect September 1,
2002.