[HISTORY: Adopted by the Council of the City of New Rochelle 1-20-1987 by Ord. No.
18-1987; amended in its entirety 2-12-2013 by Ord. No.
29-2013. Subsequent amendments noted where applicable.]
It is hereby declared and found that the towing and booting
of vehicles in the City of New Rochelle involves matter affecting
the public interest and that certain improper practices related thereto
should be subject to regulation for the purpose of protecting and
safeguarding the public health, safety and welfare and to prevent
and protect the public from fraud, abuses and unnecessary inconvenience.
As used in this chapter, the following terms shall have the
meanings indicated:
To clamp, affix or lock a booting device onto the wheel of
a motor vehicle to prevent the wheel from rotating, thereby immobilizing
the vehicle.
Each and every step and action to be taken to totally secure
and engage the vehicle to be towed to a tow truck has been completely
and finally taken so as to allow the operator of the tow truck to
immediately remove and tow the vehicle in conformity with efficient
and safe operating procedures.
Any individual, firm, association, joint venture, partnership,
group, corporation, any other legal entity or combination of entities
that provide the service of moving a motor vehicle by another vehicle
for hire or the storage of vehicles after towing, or the service of
booting and shall include, without limitation, owners of towing trucks,
their agents and employees.
Real property owned by any individual, firm, association,
joint venture, partnership, group, corporation or any legal entity
or combination of entities whatsoever, and shall include, without
limitation, shopping centers, parking lots, apartment houses and land
used for commercial purposes.
The moving of a motor vehicle by another vehicle for hire.
A vehicle that:
A.
Where the operator of a towing truck removes an unattended motor
vehicle from privately owned real property under the direction of
the owner or an individual acting on behalf of the owner of such property,
said operator, before removing said vehicle, shall notify the Police
Department of the City of New Rochelle of the impending removal of
the vehicle and provide to the Police Department the street address
and telephone number of the premises where any person whose vehicle
is removed may recover the same. Retrieval of such towed vehicle shall
be permitted to be in a tow yard located within the limits of the
City of New Rochelle, and shall be permitted in any abutting city,
town or village that abuts this portion of the City, provided that
the abutting municipality has 1/4 mile of abutting land. Any vehicle
removed south of Eastchester Road shall be permitted in any abutting
city, town or village that abuts this portion of the City, provided
that the abutting municipality has 1/4 mile of abutting land. Vehicles
shall not be removed to municipalities without the proper frontage,
and municipalities connected by water shall not be considered for
licensure.
[Amended 1-16-2024 by Ord. No. 2024-12]
B.
Whenever the operator of a towing truck removes an unattended motor
vehicle from privately owned real property, all charges imposed for
both towing and storage shall not exceed those authorized by the County
of Westchester.
C.
Whenever the operator of a towing truck removes an unattended motor
vehicle from privately owned real property to the site said operator
maintains for such impounded vehicles, said operator shall provide
at such site, on a twenty-four-hour-a-day basis, an individual authorized
to release the impounded vehicle upon the payment of the authorized
towing and storage charges. Upon release, the operator shall provide
the owner of the impounded vehicle with a legible, numbered and signed
receipt of payment.
D.
Whenever a tow truck operator is about to remove an improperly parked
vehicle from privately owned real property but has not yet hooked
up or engaged said vehicle to a towing truck, said operator shall
immediately release custody and control of the vehicle to the owner
or such other person authorized to operate the same without charging
any fee whatsoever, provided only that said vehicle is immediately
removed from the property.
E.
In the event that a tow truck operator is about to remove an improperly
parked vehicle from privately owned real property and has hooked up
and engaged said vehicle to a towing truck but has not removed the
vehicle from the property, said operator shall immediately release
custody and control of the vehicle to the owner or such other person
authorized to operate the same for the payment of a fee of $15; and
further provided that said vehicle is immediately removed from the
property.
A.
An operator may boot an improperly parked vehicle on privately owned
real property instead of towing it therefrom, but the fee for such
booting shall not exceed $45 plus tax, provided that, upon payment
of such fee and the removal of the booting device, said vehicle is
immediately removed from the property by the owner or operator thereof.
Upon request, the operator shall display to the owner or operator
of such vehicle a valid license issued by the Police Commissioner
pursuant to this chapter.
B.
Whenever a person engaged in the booting of vehicles affixes a boot
to an unoccupied motor vehicle on privately owned real property under
the direction of the owner or an individual acting on behalf of the
owner of such property, said operator shall notify the New Rochelle
Police Department immediately.
C.
Whenever an operator affixes a boot to an unoccupied motor vehicle
on private property, said operator shall affix a four-inch by seven-inch
orange sticker to the driver's side window. Said sticker shall warn
the driver that a boot is affixed to the vehicle and moving the vehicle
could result in damage to the vehicle. The sticker shall include the
name, and address of the operator, as well as a telephone number the
driver can call to arrange for the removal of the boot.
D.
In the event that an operator boots an unoccupied motor vehicle on
privately owned real property, the operator or an attendant must remove
the boot from the vehicle within 15 minutes after being contacted
by the vehicle's owner or operator.
E.
Whenever an operator has begun the process of booting an improperly
parked vehicle on private property but has not yet locked the boot
onto the vehicle, and the owner or operator of the vehicle offers
to remove the vehicle from private property, said operator shall remove
the boot from the improperly parked vehicle at no charge to the vehicle's
owner or operator.
F.
No motor vehicle shall be booted by a person licensed pursuant to
this section unless such licensee has been authorized to boot such
motor vehicle pursuant to a written contract between such licensee
and the owner, lessee, managing agent or other person in control of
the property on which such motor vehicle is parked. Such contract
shall also provide that such owner, lessee, managing agent or other
person in control of the property may be liable for any violation
by such licensee or his or her employee or agents of any of the provisions
of this section or of any rules promulgated pursuant to this section.
G.
An owner, lessee, managing agent or other person in control of property
who has entered into a written contract with a person licensed pursuant
to this section authorizing such licensee to boot motor vehicles parked
on such property may be liable for any violation by such licensee
or such licensee's employees or agents of the provisions of this section,
or of any rules promulgated pursuant to this section.
H.
No motor vehicle may be booted if:
(1)
Such vehicle is occupied by any person;
(2)
Such vehicle is parked on the roadway side of a vehicle stopped,
standing or parked at the curb;
(3)
Such vehicle is parked in a fire lane, or in front of or immediately
adjacent to a fire hydrant, fire connection or building emergency
exit;
(4)
Such vehicle is an ambulance, correction vehicle, police vehicle,
fire vehicle, civil defense emergency vehicle, emergency ambulance
service vehicle, environmental emergency response vehicle, sanitation
patrol vehicle, hazardous materials emergency vehicle, ordnance disposal
vehicle of the Armed Forces of the United States;
(5)
Such vehicle bears a special vehicle identification issued in
accordance with the provisions of § 1203-a of the Vehicle
and Traffic Law, or "MD" New York registration plates; and
(6)
Such vehicle is parked in a space reserved for vehicles displaying
a handicap permit.
I.
No release or waiver of any kind purporting to limit or avoid liability
for damages to a vehicle that has been booted shall be valid. In addition,
any person who booted a vehicle, or other person authorized to accept
payment of any charges for such booting, shall provide a signed receipt
to the individual paying the booting charges at the time such charges
are paid. Such receipt shall state the name, business address, business
telephone number and license number of the person who has booted such
vehicle as such information appears on the license to engage in booting,
and such receipt shall also include a telephone number for the office
within the Police Department responsible for receiving complaints
with respect to booting.
J.
No charge shall be imposed for the booting of a vehicle when any
person has committed a violation of this section, or any rules promulgated
pursuant to this section with respect to such vehicle, and any such
unlawful charge shall be reimbursed by any person liable for a violation
of this section.
K.
The owner or person in control of a vehicle that has been booted
by a licensee or such licensee's employee or agent shall be permitted
to pay any charge for booting at the location where such vehicle was
booted and the licensee, or other person authorized to accept payment,
shall accept such payment in person by credit card in accordance with
generally accepted business practices.
A.
No owner of private property shall remove, permit the removal or booting of or cause to be removed or booted any motor vehicle from property owned by him unless there is erected and maintained upon such property, at the entrances and exits to such property, a sign containing a warning that parking thereon is restricted to authorized persons only, that unauthorized parking or trespassing is prohibited and that the vehicles of trespassers or unauthorized persons will be towed away or booted, and containing the further statement setting forth the address and telephone number where any person whose vehicle is removed may make inquiry to regain his vehicle. Such signs shall be not less than 12 inches by 18 inches in size, and lettering thereon shall be not less than one inch in size. Included on such sign shall be the fee amount authorized by the County of Westchester and the fee amount authorized by the City of New Rochelle pursuant to § 316-3E of the Code of the City of New Rochelle for hookup but not removal, and the fee amount authorized by the City of New Rochelle pursuant to § 316-3.1 of the Code of the City of New Rochelle for booting.
B.
All information on the above-required signs must be filed with the New Rochelle Police Department. The owner shall inform the Police Department, in writing, of any changes to the contents of such sign within 10 days of such change. The filing fee shall be as set forth in Chapter 133, Fees, for each filing.
No person shall conduct towing or booting as defined herein
on private property without first having obtained a license as hereinafter
provided. All licenses shall be issued for a one-year period.
License applicant requirements shall be:
A.
The name and address of the applicant, specifying, in the case of
a partnership or an unincorporated association, each partner or member
thereof, and in the case of a corporation, the name and address of
each officer, director and stockholder thereof.
B.
The date of birth and citizenship of the applicant and each member
thereof, if an unincorporated association, and of each officer, director
and stockholder, if a corporation.
C.
The address of any and all depots, garages or body shops, whether
located inside or outside the City, that will be used by the applicant
in connection with his towing business.
D.
A statement as to whether the applicant or any partner, member, officer
or director has, within the last five years, ever been convicted of
a crime and, if so, the date, crime charged and sentence imposed.
E.
Whether or not the applicant has ever been denied a license for a
tow truck, towing business or booting business by any governmental
agency or authority or whether or not the applicant has ever been
charged with chasing or whether or not any such license ever issued
to the applicant has been suspended or revoked and, if so, the date,
the location and the circumstances thereof.
F.
A list of all valid licenses held by the applicant which authorize
him to conduct a towing or booting business.
G.
Whether this is an initial application or a renewal.
H.
Proof of insurance in accordance with City requirements.
I.
Any other relevant information which the Police Commissioner may
require.
Notwithstanding any other penalty provision of the Code of the
City of New Rochelle, a violation of any provision of this chapter
shall be punishable by a mandatory minimum fine for the first violation
thereof of $50, and by a mandatory minimum fine of $100 for a second
or subsequent offense, with the maximum fine in each and every instance
that may be imposed not to exceed $250.
A minimal fee of $750 shall be paid for each license issued
hereunder.
Upon receipt of a properly completed application and payment
of the requisite fee, the Police Commissioner shall issue a license
to the applicant unless he determines:
A.
That the applicant is unfit and is incapable of properly conducting
a towing or booting business within the City of New Rochelle or does
not conform to the provisions of this chapter; or
B.
That the applicant's garage, depot or auto repair shop used in connection
with the towing business is in violation of any state or City law
or regulation, including but not limited to zoning, building or fire
law ordinances or regulations in the municipality in which it is located;
or
C.
That the applicant has made a materially false statement or misrepresentation
in his application.
A license issued hereunder shall not be transferred or assigned
to another person or vehicle, except as provided below.
A.
Any license issued hereunder may be suspended, revoked or refused
to be renewed by the Police Commissioner or his designee after a hearing,
upon five days' notice, if the licensee thereof shall violate any
provision of this chapter, any rule or regulation adopted hereunder
or any ordinance of the City or is charged with the violation of any
vehicle and traffic law, ordinance or regulation of the State of New
York or City of New Rochelle.
B.
A request for a hearing to reinstate a license or to contest a suspension,
revocation or refusal to renew must be made, in writing, to the Police
Commissioner and be sent by registered or certified mail or given
in person within 10 days after the suspension, revocation or refusal
to renew. A hearing will be held within 21 days after receipt of the
licensee's request before the Police Commissioner or his designee
and a decision rendered within three days. The licensee's license
will remain suspended, revoked or expired until a decision is rendered
by the Police Commissioner or his designee.
C.
Any licensee whose license has either been suspended, revoked or
refused to be renewed pursuant to this chapter may appeal said suspension,
revocation or refusal to renew to the Police Commissioner, within
30 days of the date thereof, by attaching a copy of the suspension
or revocation.
This chapter shall be enforced by the Police Department.
