The City Clerk is authorized, upon payment of the requisite fees as hereinafter provided for in this chapter, to issue a tow truck license for each vehicle to be used as a tow truck, sealed with the Corporate Seal of the City and countersigned by the Commissioner or his designee, to each operator who shall procure the approval in writing of the Commissioner pursuant to the provisions of this chapter.
It shall be unlawful for any person to drive, operate or keep for hire or pay, or cause or permit any person to drive, operate or keep for hire or pay, any tow truck within the City unless the vehicle has been duly licensed for such purpose pursuant to this chapter.
The City Clerk shall issue two types of tow truck licenses as follows:
A. 
Unrestricted license, Class I, to be issued to the owners of tow trucks which are equipped with crane, winch or similar device designed to raise a disabled vehicle or the front or rear end of a disabled vehicle or the entire vehicle.
(1) 
It shall be a condition to the issuance of each Class I license that the applicant demonstrate ownership of or a lease for an enclosed area within the City of Mount Vernon within which auto body repair work can be done on at least three vehicles, which shall be based upon 200 square feet per vehicle and shall have additional off-street storage facilities for at least three additional vehicles. The number of Class I licenses shall be limited in accordance with the above.
(2) 
Each Class I licensee shall have within the premises in which repair work is to be performed, as minimum equipment, a compressor, welding equipment, grinder-buffer and a porta-power or similar tool for straightening metal.
(3) 
Each Class I licensee shall supply a certificate of occupancy from the Building Department indicating that the premises may be used as an auto body repair shop.
(4) 
The owner or owners of any Class I licensed vehicle shall be available to render towing services on a seven-day-a-week, twenty-four-hour-a-day basis and shall suitably provide for the receipt of telephone calls for aid and personnel to operate the tow truck as required.
B. 
Restricted license, Class II, to be issued to the owner of any other tow truck for public hire garaged and/or operated within the City of Mount Vernon.
Application for each tow truck license shall be made by the operator on forms to be furnished by the Commissioner. The completed application shall contain:
A. 
The name, residence and business address of the person or persons operating the tow truck business; if a partnership, its principal place of business and the residence, name and address of each partner; if a corporation, its principal place of business and the names, titles and residence addresses of the officials and stockholders thereof.
B. 
The year, make, motor and serial number and state registration number of the vehicle to be licensed.
C. 
The amount of public liability and property damage insurance covering the vehicle to be licensed, the name of the insurance company, policy number and expiration date or dates thereof. In no event shall the liability insurance be less than $1,000,000 combined single limit, covering injuries to persons and damages to property, and covering each and every tow truck to be operated in the City, which policy shall be endorsed to indemnify and save harmless the City of Mount Vernon from any and all claims for personal injury or property damage arising out of the issuance of the license to engage in said business. Each policy required herein must contain an endorsement providing for 30 days' notice to the City in the event of any material change or cancellation.
[Amended 4-22-1992, approved 4-23-1992]
D. 
Every applicant for a tow truck license shall be subject to an examination of criminal history information, including pending arrests and convictions. Every applicant for a license shall file, together with the application, fingerprints of both hands. The fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. The Commissioner of Public Safety shall have the authority to submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigation. No application for a tow truck license shall be approved nor any license issued under the provisions of this chapter until after commanding officer of the Criminal Identification Unit in the Department of Public Safety has reviewed and examined the criminal history information disseminated by the Division of Criminal Justice Services. No applicant for a booting license shall be denied by reason of an applicant having been previously convicted of one or more criminal offenses, unless (1) there is a direct relationship between the applicant's criminal conviction and the license sought, or (2) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
[Added 7-11-1979, approved 7-12-1979; amended 4-13-1989, approved 4-13-1989; 10-28-2015, approved 10-28-2015]
E. 
Such other or additional information as the Commissioner may deem necessary and appropriate.
Upon approval of the application by the Commissioner and upon presentation of such approved application, the City Clerk shall issue a license in the form of a card not less than three inches by six inches in size, containing the official license number of the tow truck and a statement that any complaint shall be made to the Commissioner. The card shall be signed by the City Clerk and shall contain the number of the license plate assigned to the vehicle by the Motor Vehicle Bureau of the State of New York, which card shall also set forth the maximum fees hereinafter prescribed. A license card shall vary in color each year. Any licensee who defaces, obliterates or changes any official entry made upon the license shall have such license revoked.
The tow truck license must be displayed at all times in a prominent position in the interior of the driver's compartment of the tow truck, in an enclosed frame of the appropriate size.
The Commissioner of Public Safety shall assign police officers who shall inspect all tow trucks to assure that they are kept in a condition of continued fitness for proper and safe use. Appropriate endorsements shall be made upon the license card showing the date of each inspection. Written reports of all inspections shall be filed with the City Clerk and the Department of Public Safety.
[Amended 4-25-1973, approved 4-26-1973]
A. 
The following annual fees shall be paid to the City Clerk no later than May 1 for a license period commencing on said date and expiring on the last day of April of each succeeding year:
[Amended 10-12-1983, approved 10-13-1983; 4-22-1992, approved 4-23-1992; 5-9-2012, approved 5-10-2012]
(1) 
For each unrestricted Class I tow truck license, the sum of $150.
(2) 
For each restricted Class II tow truck license, the sum of $150.
B. 
No license or license renewal fee shall be prorated for a period of less than six months.
Every tow truck operator desiring to surrender a license shall immediately return such license to the City Clerk. No refund shall be made upon such surrender.
No tow truck license shall be assigned or transferred without the prior written approval of the Commissioner. In addition thereto, such assignee or transferee shall be required to establish compliance with all the requirements imposed by this chapter upon an original application for such license. The fee for approval shall be the same as for issuance of an original license.
The Commissioner may disapprove an application for a tow truck license if, in his discretion, he determines that:
A. 
The applicant has made a material false statement or concealed a material fact in connection with his application;
B. 
The applicant or any officer, director, stockholder or partner or any other person directly or indirectly interested in the application was the former holder, or was an officer, director, stockholder or partner in a corporation or partnership which was the former holder, of a tow truck license which had been revoked or suspended;
C. 
The applicant or any officer, director, stockholder, partner, employee or any other person directly or indirectly interested in the application has been convicted of a felony or any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude; or
D. 
The applicant is not the true owner of the tow truck or of the tow truck business.
A. 
A tow truck license may be revoked or suspended at any time for cause, after a hearing by the Commissioner, if the vehicle shall have been knowingly used for any illegal purpose or for the violation of any of the provisions of this chapter or other law governing the operation or maintenance of motor vehicles, or if the licensee was negligent in preventing same. In the event of the suspension or revocation of the license, the license card shall be seized by the Commissioner of Public Safety. A licensee shall be provided with written notice of such hearing and the reason therefor and shall have the right to be represented by counsel.
B. 
Hearing. Except where a refusal to approve an application for a tow truck license or a tow truck driver's license or an application for a renewal thereof, or where revocation or suspension of such license is based solely on a judicial conviction or convictions, a licensee or applicant shall have an opportunity to be heard. Such hearing shall be held by the Commissioner of Public Safety or the Deputy Commissioner of Public Safety at such time and place as he shall prescribe. A license, however, may be temporarily suspended without notice pending any criminal proceeding, investigation or hearing. A licensee or applicant entitled to a hearing shall be given due notice thereof in writing and shall have the right to be represented by counsel.
The City Clerk shall keep a register of the persons owning or operating a tow truck licensed under this chapter, together with the license number, the description of the vehicle and the date and complete record of each inspection. These records shall be available for public inspection at all reasonable times. The Commissioner shall promptly file with the City Clerk records of all applications, suspensions or revocation of licenses and all complaints against owners or drivers and the action or determination by the Commissioner.