It shall be unlawful for any person to drive
a tow truck or to assist in connection with the towing operations
thereof unless such person shall be at least 18 years of age and shall
have first obtained a tow truck driver's license.
The City Clerk is authorized, upon payment of
the requisite fee as hereinafter provided in this chapter, to issue
tow truck drivers' licenses, sealed with the Corporate Seal of the
City and countersigned by the Commissioner of Public Safety, to such
applicants as shall procure the approval in writing of the Commissioner
of Public Safety or his designee in conformity with the provisions
of this chapter.
Every applicant for a tow truck driver's license
shall fulfill the following requirements to the satisfaction of the
Commissioner of Public Safety or his designee prior to the issuance
of a license:
A.
Be duly licensed as a chauffeur by the Motor Vehicle
Department of the State of New York.
B.
Be 18 years of age or over.
C.
Be of sound mind and body and not subject to epilepsy,
vertigo, heart disease or any other infirmity of mind or body which
might render the applicant incapable of safely operating such vehicle.
D.
Be able to read and write intelligibly the English
language.
E.
Be clean in dress and person and not addicted to the
use of intoxicating liquor or drugs.
F.
Not have been convicted of a felony nor any crime
involving violence, dishonesty, deceit, indecency, degeneracy or moral
turpitude.
G.
Be of good character and reputation.
H.
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 the commanding officer of the Bureau of
Criminal Identification in the Department of Public Safety has reviewed
and examined the criminal history record information disseminated
by the Division of Criminal Justice Services. No license shall be
granted to any applicant who has been convicted of any felony or any
misdemeanor involving violence, dishonesty or deceit.
[Added 7-11-1979, approved 7-12-1979; amended 4-13-1989, approved 4-13-1989]
I.
Complete, sign and file a sworn statement on such
form or forms as shall be required by the Commissioner of Public Safety,
showing compliance with the requirements hereinabove set forth and
such other information as shall be deemed necessary and reasonable
by the Commissioner of Public Safety in the interests of the public
safety, health and welfare.
[Added 7-11-1979, approved 7-12-1979]
Each applicant for a tow truck driver's license
may be required to undergo tests of his driving ability, his ability
to properly and safely employ the tow truck's towing equipment and
knowledge of the geography of the City of Mount Vernon.
Upon satisfactory fulfillment of the foregoing
requirements, the Commissioner of Public Safety shall issue a certificate
certifying that the applicant is entitled to a driver's license. Upon
presentation of the certificate to the City Clerk, he shall issue
a license containing the signature of the licensee and spaces for
recording any arrest or serious complaint. Each license shall be sealed
with the City Seal. All licenses shall be numbered in the order in
which they are issued, with the date of issuance and expiration. Any
defacing, removing, altering or obliteration of an official entry
made upon such license shall be cause for revocation.
[Amended 10-12-1983, approved 10-13-1983; 4-22-1992, approved 4-23-1992; 5-9-2012, approved 5-10-2012]
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:
The Commissioner of Public Safety or Deputy
Commissioner of Public Safety may, by appropriate endorsement of a
driver's license, certify to the City Clerk that such driver is entitled
to a renewal of his license. The application for renewal shall be
made not less than 30 days prior to its expiration on a form to be
provided by the Commissioner of Public Safety, containing such data
as he shall deem necessary and appropriate.
The Commissioner of Public Safety or the Deputy
Commissioner of Public Safety may disapprove an application for a
tow truck driver's license if he determines that:
A.
The Commissioner of Public Safety or the Deputy Commissioner
of Public Safety may suspend or revoke a tow truck driver's license
and may refuse to approve an application for a renewal thereof for
any of the following reasons:
(1)
The conviction of the licensee of a felony or of any
crime involving violence, dishonesty, deceit, indecency, degeneracy
or moral turpitude.
(2)
The licensee has made a material false statement or
concealed a material fact in connection with the application for a
tow truck driver's license or renewal thereof.
(3)
The licensee has violated any of the provisions of
this chapter.
B.
Any suspension shall be noted on the driver's license,
together with a statement of reasons therefor, and the driver shall
surrender the driver's license to the Commissioner of Public Safety
or the Deputy Commissioner of Public Safety. The driver's license
and a memorandum of the suspension shall be sent forthwith to the
City Clerk.
C.
Hearing. Except where a refusal to approve an application
for 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.
A driver licensee shall:
A.
Be clean in dress.
B.
Not be addicted to drugs or intoxicating liquors.
C.
Not engage in any illegal or criminal act.
D.
Not permit the tow truck to be used for unlawful purposes.
E.
Not use the license of another driver or permit anyone
to use his license.
F.
Cooperate with law enforcement officers in the performance
of their duties and report immediately to the Police Department any
person attempting to use his vehicle in connection with a crime or
escape from the scene of a crime.
G.
Not operate a tow truck while his tow truck driver's
license is suspended or revoked.
H.
Not operate a tow truck while his driver's license
issued by the State of New York is suspended or revoked.
I.
Be responsible for his license and immediately report
its loss to the Police Department and City Clerk.
J.
Answer as directed all communications and summonses
issued by the Police Department. He shall answer all pertinent questions
directed to him at any hearing when his presence is requested, and
he shall bring and present to the Commissioner of Public Safety his
tow truck driver's license, chauffeur's license and manifest.
K.
Maintain a daily manifest and record such entries
as required on the manifest provided. At the end of each, day such
manifest shall be preserved in accordance with the provisions of this
chapter.
