Unless otherwise expressly stated, whenever
used in this chapter, the following words and phrases shall have the
meanings indicated:
Any City-owned property or privately owned property in the
City of Mount Vernon, whether enclosed or not, which is used in whole
or in part for the keeping or storing of impounded motor vehicles
as defined herein.
The Commissioner of the Department of Public Safety of the
City of Mount Vernon.
A record of pending criminal charges, pending arrests, and
criminal convictions, but shall not include convictions which were
vacated or reversed, convictions resolved in an applicant's favor,
youthful offender adjudications, and sealed records.
[Added 10-28-2015, approved 10-28-2015]
Motor vehicles which have been seized or removed from a public
highway without the knowledge or consent of the owner or operator
thereof and towed or taken to an area for impounded motor vehicles
without the consent of the owner or operator of such vehicle.
As defined in § 125 of the Vehicle and Traffic
Law of the State of New York, excluding trailers, semitrailers and
tractors, and trucks weighing over two tons, unladen.
Any person, firm, corporation or other venture
owning, operating or controlling the use of one or more tow trucks
offered for hire upon the streets of the City, or their agents, servants
and/or employees operating said tow trucks.
Any person, firm, corporation or other venture
who tows or causes to be towed any motor vehicle into an area for
impounded motor vehicles.
[Added 5-8-1996, approved 5-9-1996]:
An open-air parking area that is accessory to
a residential or nonresidential building and which is not used by
the general public, either with or without the payment of rent or
charges; or
An open-air parking area which is accessory
to the principal use of the premises or of adjacent or nearby premises
and which is used by the general public, with or without the payment
of rent or charges.
An open-air parking area that is used by the general public,
with the payment of rent or charges, and where service station and
motor fuel filling station facilities, if any, are clearly incidental
to the principal use for storage.
[Added 5-8-1996, approved 5-9-1996]
The card, sign or poster on which is printed the charges
for towing vehicles and preparing vehicles for tow in the City and
the storage charges as established in this chapter.
Any vehicle used in the business of pushing, pulling or towing
motor vehicles for hire, except a tow truck owned and operated by
any public authority or municipal, state or county government or owned
and operated by a public transit corporation or a corporation subject
to the provisions of the Transportation Corporation Law and/or the
Public Service Law of the State of New York, or vehicles used exclusively
for towing disabled motor vehicles which are owned, leased or operated
by the owner or lessee of the towing vehicle or by a person, firm
or corporation which is affiliated with the owner or lessee of the
towing vehicle, and which such vehicles have legibly inscribed on
each side, in letters not less than three inches high, the legend
"Not for Public Hire."
Permission granted by the City to a person to drive a licensed
tow truck upon the streets of the City.
Permission granted by the City of Mount Vernon to an owner
to operate a tow truck for hire within the City.
The Commissioner of Public Safety may make and
promulgate such additional rules and regulations and prescribe such
forms as he shall deem necessary to carry out the intent and provisions
of this chapter, same to become effective 10 days after filing same
with the City Clerk. Such rules and regulations shall include a prescribed
procedure for the dispatch by the Police Department of tow trucks
to the scene of an accident and appropriate records shall be kept
for the public inspection of each such dispatch in a book created
specifically for said purpose.
Nothing contained in this chapter shall be deemed
or construed to legalize, validate or sanction the seizure and towing
or taking of motor vehicles into an area for impounded motor vehicles.
A tow truck regularly kept during business hours
outside the City of Mount Vernon, which is called into the City of
Mount Vernon by the owner or operator of a disabled motor vehicle
to assist the owner or operator by towing said motor vehicle outside
the City of Mount Vernon, is not required to be licensed under the
provisions of this chapter.
This chapter shall take effect May 1, 1973.
