[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway 2-24-1958. Amendments noted where applicable.]
[Amended 8-10-1987 by L.L. No. 4-1987]
It shall be unlawful to operate a towing car or tow truck for hire within the limits of the Village of East Rockaway unless the person, firm, association or corporation engaged in such towing for hire shall have obtained a license from the Village Clerk, as provided in Chapter 187, Licenses and Permits, upon such application forms as shall be prescribed therefor by the Board of Trustees. Such forms shall include:
A.
The name, address, age and business address of the applicant,
if an individual, and, if a firm, association or corporation, the firm name,
association name or corporate name with the principal place of business of
such applicant.
B.
The registration number of each towing car or tow truck
to be operated.
D.
If the applicant is an individual, a statement of whether
or not he has been convicted of a crime, the date of conviction, its nature
and sentence.
[Amended 7-8-1991 by L.L. No. 5-1991; 7-12-1999
by L.L. No. 6-1999]
The fee to be charged under the provisions of this chapter shall be
determined from time to time by resolution of the Board of Trustees.
All licenses issued pursuant to this chapter shall expire on the 31st
day of December next succeeding the date of issuance thereof.
The owner of every towing car or tow truck shall file with the Village
Clerk of the Village of East Rockaway a schedule of maximum prices for the
towing and storage of disabled motor vehicles. Such charges shall be based
on the distance that disabled motor vehicles are to be towed and shall not
be based on the availability of towing car facilities. No towing car or tow
truck owner, operator or other person employed by the owner shall base any
charge upon the estimation.
It shall be unlawful to tow away any motor vehicle which has been involved
in an accident without the prior consent of the owner and, if there is a police
officer at the scene of the accident, with the consent of the police officer
also, except that no car shall be removed where the police officer requires
or requests that an examination be held for the purpose of determining whether
or not the car is defective.
[Amended 7-8-1991 by L.L. No. 5-1991]
It shall be unlawful for any person to drive on any street, avenue,
highway, lane or bridge in the Village of East Rockaway and solicit towing
work. Solicitation of towing work by the operator or other occupant of a tow
car while parked on any street, avenue, highway, lane or bridge is also prohibited.
A tow car operator shall not proceed to the scene of a disabled motor vehicle
without having been requested or notified to do so by the owner or his authorized
representative or the police. Responding to a call merely upon notification
from gas station attendants, taxicab drivers or other unauthorized persons
shall be considered in violation of this provision.
On each side of the towing car, it shall be legibly inscribed in letters
not less than three inches in height the name and address of the owner of
such towing car and the license number assigned to him or it by the Village
Clerk.
The Mayor is hereby empowered to promulgate and prescribe rules and
regulations for the proper and efficient administration and enforcement of
this chapter.
The Mayor shall have the power to suspend or revoke any license issued
pursuant to this chapter for any violation of the provisions of this chapter
or of any of the rules or regulations promulgated by him.
The provisions of this chapter shall not apply when the owner of a damaged
car specifically requires the car to be taken from said village by an unlicensed
tow car or tow truck from outside of said village.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
