[HISTORY: Adopted by the Board of Trustees
of the Village of Westhampton Beach 4-14-1989 by L.L. No. 6-1989.
Amendments noted where applicable.]
The purpose and intent of this chapter is to
establish an orderly system for the safe and prompt removal of illegally
parked automobiles within the Village of Westhampton Beach. The Board
of Trustees finds that the removal of illegally parked vehicles is
necessary from time to time during the year and in substantial volume
during the summer season. Illegally parked automobiles increase the
risk of pedestrian and vehicular accident, diminish the ability of
emergency vehicles to reach their destination and constitute a hazard
to persons and property within the Village of Westhampton Beach. By
this chapter, the Trustees intend to regulate the operation of towing
businesses servicing the needs of this community in the removal of
illegally parked automobiles.
[Amended 6-10-2002 by L.L. No. 5-2002; 6-4-2009 by L.L. No. 6-2009]
No person shall conduct a towing business in
the Village of Westhampton Beach without having first obtained a permit
as provided for herein. Permit shall be available, subject to compliance
with the conditions herein contained, to any person conducting a towing
business within the Village of Westhampton Beach or within a radius
of three miles from the Village of Westhampton Beach; that is, operating
one or more tow trucks for hire and regularly maintaining a depot,
garage, storage yard for vehicles or body shop within the Village
or within a radius of three miles from the Village of Westhampton
Beach which can respond to calls and otherwise can provide towing
services within the Village of Westhampton Beach.
No permit shall be issued unless an application
is completed and filed with the Village Clerk requiring the following:
A.
The name and address of the applicant, specifying,
in the case of a partnership, each partner and, in the case of a corporation,
each officer, director and stockholder. The applicant must be the
owner of the tow truck vehicle.
B.
The date of birth of the applicant or each partner,
officer, director or stockholder.
C.
With respect to each tow truck to be operated within
the Village by the applicant for which the permit is requested:
(1)
The vehicle identification number.
(2)
The make, model and year.
(3)
The license plate number.
(4)
The amount of liability and property damage insurance
with the name of the insurance company, policy number and expiration
date, attaching a copy of a certificate of insurance.
(5)
The name and address of the owner of the tow truck
vehicle.
D.
The address of the depot, garage, storage yard for
vehicles or body shop within the Village of Westhampton Beach or within
a radius of three miles from the Village of Westhampton Beach used
by the applicant in connection with the towing business.
[Amended 6-10-2002 by L.L. No. 5-2002; 6-4-2009 by L.L. No. 6-2009]
E.
A listing of daytime and nighttime telephone numbers
where the applicant, his agent or employee can be located at all times.
F.
A copy of the certificate of occupancy/certificate
of compliance issued by the Village of Westhampton Beach, Village
of Quogue or Town of Southampton establishing that the premises are
authorized as a depot, garage, storage yard for the storage of vehicles
or body shop.
[Added 6-10-2002 by L.L. No. 5-2002]
Upon receipt of a properly completed application,
the Village Clerk shall notify the Mayor and Chief of Police. The
Chief of Police shall cause an inspection to be made of the tow truck
and depot, garage or body shop in order to assure compliance with
the within regulations and all applicable building and fire regulations
and codes. Upon completion of said review, the Chief of Police shall
forward a written report to the Mayor who shall then, on the basis
of said report, either approve or deny said permit. Any denial of
a permit shall allow an appeal to the Village Board of Trustees within
30 days of said denial. No permit shall be denied unless the Mayor
finds in denying said permit that the applicant is incapable of properly
conducting the towing business or that the applicant's depot, garage
or body shop used in connection with his towing business is in violation
of local zoning, building or fire laws or other regulations of the
municipality or that the applicant has made a materially false statement
or misrepresentation in his application. Any said appeal to the Board
of Trustees shall be limited to findings and a determination based
upon the foregoing factors.
[Amended 6-10-2002 by L.L. No. 5-2002; 6-4-2009 by L.L. No. 6-2009]
Each person holding a permit hereunder shall
maintain a depot, garage, storage yard for the storage of vehicles
or body shop within the Village of Westhampton Beach or within a radius
of three miles from the Village of Westhampton Beach to which all
motor vehicles towed pursuant to this chapter may, on release from
impound, be transported and maintained pending release to the automobile
owner. Unless otherwise directed in writing by the owner of the vehicle,
no such motor vehicle may be transported to any location other than
said depot, garage, storage yard for the storage of vehicles or body
shop and within the Village of Westhampton Beach or within a radius
of three miles from the Village of Westhampton Beach. All such facilities
must have a fenced storage area, and all vehicles so towed must be
stored in said fenced storage area.
Tow trucks used to respond to calls must be
equipped at all times with:
A.
At least two emergency lights, one of which shall
be affixed to each side of the rear of the tow truck or to each side
of the rearmost part of the towed vehicle so as to be clearly visible
on the highway to the rear.
B.
One authorized emergency light.
C.
A CO2 or dry powder fire extinguisher
with a minimum capacity of 10 pounds.
D.
At least one dozen red railroad-type flares.
E.
Safety chains.
F.
A push bar.
G.
A shovel.
H.
A rigid tow bar.
I.
A lifting boom on the rear of the truck.
J.
A minimum one-and-one-half-ton power winch equipped
with 150 feet of three-eights-inch steel cable.
K.
Dolly wheels.
[Amended 6-10-2002 by L.L. No. 5-2002]
Each permit issued hereunder shall be effective
from the date of issuance until May 1 of the next calendar year unless
earlier suspended or revoked by the Board of Trustees. The Village
Board of Trustees may revoke or suspend any permit if the person holding
the permit shall be convicted of a violation of any provision of the
Codes of the Village of Westhampton Beach, Village of Quogue or the
Town of Southampton or the rules or regulations of the Village of
Westhampton Beach relating to the premises used by the person holding
the permit as his depot, garage, storage yard for the storage of vehicles
or body shop and utilized in connection with the towing of cars under
said permit or if the person holding the permit has made a material
false statement or misrepresentation in his application or if the
Board of Trustees should find such person is incapable of properly
conducting his towing business. No permit shall be suspended or revoked,
except after hearing on notice to the applicant before the Board of
Trustees.
[Amended 6-10-2002 by L.L. No. 5-2002; 11-4-2010 by L.L. No.
6-2010; 7-5-2016 by L.L. No. 2-2016; 11-2-2023 by L.L. No. 12-2023]
Towing fees, including fees for permit registration (licenses)
and vehicle storage, shall be established, and be changed as needed,
by resolution of the Village Board of Trustees. A copy of the towing
fee schedule is on file with the Village Clerk's office and available
online at westhamptonbeach.org.
No permit issued hereunder shall be transferred
to another person or vehicle. The permit holder shall notify the Village
Clerk if any tow truck for which a permit is issued is sold, transferred
or destroyed within five days thereof, and upon any said notification,
the Chief of Police shall be entitled to conduct an inspection of
any said replacement tow truck vehicle to ensure compliance with the
terms of this chapter.
The Chief of Police or his authorized representative
shall designate which holder of a permit hereunder shall tow which
vehicle on a rotating basis, when reasonably possible. Nothing herein
shall be construed to prohibit a police officer from requesting tow
truck assistance on a nonrotational basis when necessary in the view
of the police officer. In no event shall any tow truck owner or operator
or any holder of a permit hereunder have any claim against the Village
of Westhampton Beach by reason of the failure to request towing assistance
under this chapter on a rotational basis.
If directed to do so by a police officer at
the scene from which a vehicle is to be towed, any holder of a permit
hereunder must clean up any debris at the scene relating to the illegally
parked vehicle to the satisfaction of the police officer at the scene,
without charge of cost or expense.
Any holder of a permit under this chapter shall
be obliged to follow all regulations as promulgated from time to time
by the Chief of Police and/or the Board of Trustees with respect to
the operation of the Village impound area, including by way of illustration
and not limitation, time schedules imposed by the Chief of Police
or his authorized representative for the removal of vehicles from
the Village impound area.
[Added 2-13-1994 by L.L. No. 2-1995]
A.
Any holder of a permit under this chapter will be authorized to have and use the locking auto boot immobilizer to enforce the parking regulations of the Village of Westhampton Beach. The locking auto boot immobilizer shall be the property of the permit holder. Said permit holder is subject to compliance with conditions set forth in § 171-3 of this chapter. When the locking auto boot immobilizer is utilized, the permit holder must leave on said vehicle an immobilization notice that clearly advises the vehicle owner of the reason for the immobilization and gives instructions for the equipment's removal.
