Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 4-21-1981 by L.L. No. 21-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing provisions and fees — See Ch. 86.
[Added 8-3-2010 by L.L. No. 20-2010]
The Board of Trustees of the Incorporated Village of Hempstead hereby declares and finds that it is of vital importance to the residents and taxpayers of the Village and the traveling public that disabled, unattended, abandoned and unauthorized parked motor vehicles be removed from both public and private property as promptly as possible. The Board further finds that the towing of said motor vehicles from said locations and through the public streets and highways in the Village is a matter affecting the public interest, safety and general welfare and, consequently, should be subject to the regulation, supervision and administrative control of the Village for the purpose of safeguarding the public against fraud, exorbitant rates and charges and similar abuses in the course of receiving such services.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the following meanings:
ACCIDENT
Any incident or occurrence in which one or more vehicles come into contact with each other or another object, thereby causing personal injury or property damage.
DAILY
A twenty-four hour period.
[Added 8-3-2010 by L.L. No. 20-2010]
FOR HIRE
Any incident where a fee, charge or other consideration is directly or indirectly imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs made on a towed vehicle for a consideration, although no charge is expressly imposed for the towing of such vehicle.
A. 
That license which is issued to owners of towing cars authorizing the holder thereof to engage in all tow car operations, except that the owner shall not directly or indirectly respond to a call at the scene of an accident, nor remove a vehicle from the scene of an accident, nor solicit the person in charge of a vehicle involved in an accident at the scene of such accident for the towing of such vehicle, whether directly or indirectly on his behalf or on the behalf of any other person, firm or corporation, nor, at the scene of an accident where towing is required, make or authorize to be made an estimate or offer to make such repairs, although no charge is imposed for towing. The Village shall have the authority to limit the number of restricted tow car licenses to be issued hereunder to any one owner-licensee in accordance with such reasonable standards as may be established.
B. 
That license which is issued to the owners of tow cars authorizing the holder thereof to engage in all tow car operations. The Village Board of Trustees shall have the authority to limit the number of unrestricted tow car licenses to be issued hereunder to any one owner-licensee.
[Amended 11-20-2018 by L.L. No. 2-2018]
OPERATE
The control and direction of the use of a vehicle for towing for hire from places within the Village of Hempstead.[1]
PERSON
Includes an individual, partnership, unincorporated association, corporation or other entity.
SCENE OF ACCIDENT
Any area of a street to which a vehicle is removed to prevent obstruction of traffic and will remain so until the vehicle or vehicles is or are removed either under its or their own power or by a tow car.
SPECIAL HEAVY DUTY TOWING
The towing of vehicles that require special equipment and/or weigh in excess of 10,000 pounds or extend more than 22 feet in length and require a Class A or B commercial driver's license to operate.
[Added 8-3-2010 by L.L. No. 20-2010]
TERMINAL
A designated location in the Village of Hempstead at which the business of the tow car operator is conducted. Such place of business is required to have a sign on the outside thereof stating the name of the business and the telephone number. An established office and proper facilities for conducting business therein are also required.
TOW CAR OWNER
A person owning, leasing or controlling one or more tow cars and driving, operating or causing any such vehicle to be operated upon the public highways for hire.
[Added 9-3-1996 by L.L. No. 5-1996]
TOW CAR, TOWING CAR or TOW TRUCK
A vehicle which is either towing or is equipped with a crane, winch or similar device designed to raise, remove or carry a motor vehicle or the front or rear end thereof. For the purpose of this definition, the following shall not be considered "tow cars":
A. 
Vehicles of a governmental agency.
B. 
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, provided that such vehicles have legibly inscribed on each side in letters not less than three inches high "not for public hire."
TOWING
The moving or removing of disabled or abandoned motor vehicles by another vehicle for hire.
VILLAGE
The geographical area of the Village of Hempstead.
[1]
Editor's Note: The former definition of "owner," which immediately followed this definition, was repealed 9-3-1996 by L.L. No. 5-1996. See now the definition of "tow car owner" in this section.
No tow car shall be operated over or upon the streets of the Village until and unless the owner and driver thereof shall have first obtained and have then in force licenses as herein required and have complied with the provisions and regulations contained in this chapter.
A. 
License required. It shall be unlawful for any person to operate any tow car owned or controlled by him or permit the same to be operated upon the public highways of the Village without first having obtained and then having in force an owner's license therefor as hereinafter provided.
B. 
Sticker. For each vehicle licensed pursuant to this chapter, the Village Police Department shall issue a sticker which shall bear the words "tow car," the number of the sticker and the calendar year for which such sticker is issued, in figures plainly discernible. Said sticker shall be attached to the upper left corner of the driver's door of said tow car so that it may not be removed and shall be kept clean and legible at all times. This sticker shall be nontransferable.
[Amended 11-20-2018 by L.L. No. 2-2018]
C. 
License expiration. Every owner's license issued hereunder shall expire on the 31st day of December next succeeding the day of the issuance, unless sooner suspended or revoked by the Village Board as hereinafter provided.
[Amended 11-20-2018 by L.L. No. 2-2018]
[Amended 8-3-2010 by L.L. No. 20-2010]
A. 
Issuance. Licenses for the operation of tow cars shall be issued by the Board of Trustees of the Village upon the filing of an application verified under oath on forms to be furnished by the Village Police Department.
[Amended 11-20-2018 by L.L. No. 2-2018]
B. 
Application; contents. Such application shall contain:
(1) 
The trade name, if any, under which said business will be operated;
(2) 
The full name, age, citizenship and address of the owner, and, if a firm, association or corporation, the names, ages, citizenships and addresses of the members or officers thereof, and shall designate the agent, if any, to be in charge of the business of the owner in the Village;
(3) 
The number, make and description of each vehicle to be licensed;
(4) 
The factory or serial number and State of New York registration number and vehicle identification number of each vehicle;
[Amended 11-20-2018 by L.L. No. 2-2018]
(5) 
Any crimes of which the applicant or any member thereof, if an unincorporated association, or any officer, if a corporation, shall have been convicted, provide a certified copy of the disposition of any conviction(s) stating the name and location of the court and the date on which such convictions were had and the penalties imposed therefor;
[Amended 11-20-2018 by L.L. No. 2-2018]
(6) 
The experience of the applicant in the towing of vehicles for hire, any facts which tend to prove that the public convenience necessarily requires the granting of a license to the applicant, the location of any and all depots and terminals proposed to be used by the applicant;
(7) 
The repair shop order number issued to the owner from the New York State Department of Motor Vehicles and such repair shop order number must be displayed at the terminal;
[Amended 11-20-2018 by L.L. No. 2-2018]
(8) 
Whether the applicant wishes his name to appear on the accident and impound rosters, as detailed below, and such other information as may be required by the Village Police Department.
[Amended 11-20-2018 by L.L. No. 2-2018]
(9) 
An applicant seeking an unrestricted tow license shall also execute a hold-harmless and indemnification agreement with the Incorporated Village of Hempstead with such terms and conditions as shall be determined by the Village Attorney.
C. 
Each applicant for an owner's license, and if an unincorporated association any member thereof, and any officer, director or stockholder if a corporation, shall, at the time of submitting his application, also submit:
(1) 
Photographs as required pursuant to § 86-3H of this Code.
(2) 
Each applicant shall submit to fingerprinting as directed by the Hempstead Village Police Department and shall pay, by bank check or money order, any fee for such services.
[Amended 11-20-2018 by L.L. No. 2-2018]
(3) 
Any other information which the Village Police Department may require.
[Amended 11-20-2018 by L.L. No. 2-2018]
A. 
The restricted license shall not be issued to a service station or other approved business maintaining a tow car for the purpose of towing, road service, to start stalled or disabled vehicles and, if warranted, to remove same to their service station unless the tow car of such licensee is equipped with a lifting boom on the rear, a fire extinguisher, a crowbar, emergency flashing lights, at least one dozen flares, roadway oil/antifreeze absorbing compound, a road broom and shovel.
[Amended 8-3-2010 by L.L. No. 20-2010; 11-20-2018 by L.L. No. 2-2018]
B. 
The unrestricted license shall not be issued and will not be permitted to be maintained unless the applicant maintains all items set forth in § 127-5A and:
[Amended 8-3-2010 by L.L. No. 20-2010; 11-20-2018 by L.L. No. 2-2018]
(1) 
The licensee owns, operates and maintains a bona fide terminal within the Village of Hempstead and holds a Village of Hempstead owner's license.
(2) 
Such terminal maintains twenty-four-hour service to answer emergency calls regarding motor vehicles.
(3) 
Such terminal maintains:
(a) 
A storage area for a minimum of 30 passenger vehicles, with a minimum indoor storage capacity for 10 passenger vehicles utilized solely but the owner/operator of the terminal;
(b) 
A cyclone fence or wall of six feet in height [with vinyl slats] surrounding the exterior parking lot area and the exterior parking area shall not be visible from the street;
(c) 
Shall provide proof of a license issued by the State of New York in accordance with the Vehicle and Traffic Law, an Itinerant Vehicle Collector's License and a New York State Tax Certificate.
(4) 
The tow truck or trucks of such licensee are equipped with a lifting boom or similar device, a minimum one-and-one-half-ton-power winch equipped with 100 feet of three-eighths-inch steel cable, a fire extinguisher, a crowbar, an emergency flashing light, at least one dozen flares, roadway oil/antifreeze absorbing compound, a flat bed truck with a wheel lift or a wheel lift truck and a heavy-duty road broom and shovel.
(5) 
Only one such license shall be issued for any one terminal.
[Amended 8-3-2010 by L.L. No. 20-2010]
If the Village Board shall find that the tow car service in the Village and particularly in the area in which the applicant proposes to operate is required by public convenience and necessity and, from the statements contained in the application for a tow car owner's license, that the applicant is a fit person and capable of properly conducting such tow car business and conforming to the provisions of this chapter, then the Village Board, upon the certification of each tow car proposed to be operated by the applicant pursuant to this chapter, and upon the furnishing by the applicant of proof of insurance as hereinafter provided, shall issue a license stating the name and address of the applicant, the type of license, the date of issuance thereof and the number of vehicles the applicant is authorized to operate. At the same time the Village shall issue for each vehicle licensed hereunder a license bearing the words "licensed tow car," an assigned number and the year of issuance; otherwise such application shall be denied.
A. 
In making the findings required in § 127-6 hereof, the Village Board shall take into consideration the number of tow cars already in operation in the Village, particularly in the area in which the applicant proposes to locate the terminal, whether existing tow car service is adequate to meet the public need, the probable effect of additional tow cars on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
B. 
The Village, before the issuance of such license, may require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto, or hold a hearing upon such application.
A. 
Village police inspection. Before a license shall be issued for any tow car, the applicant therefor shall submit to an inspection by the Village Police Department, and the Village Police Department shall certify that said vehicle has been inspected and examined and found to be in a safe condition.
[Amended 11-20-2018 by L.L. No. 2-2018]
B. 
Inspections. All tow cars licensed hereunder shall be inspected at least once every 12 months by a New York State-licensed motor vehicle inspection station and a certificate of such inspection, showing compliance with all state safety inspection rules, must be filed with the Village Police Department. Such certificate must be properly signed and stamped in accordance with the requirements of the Motor Vehicle Safety Inspection Law of the State of New York. Unless such certificate is furnished as herein required, the license for such tow car shall stand suspended until such time as such tow car is placed in proper condition and such certificate thereof is filed with the Village Police Department.
[Amended 11-20-2018 by L.L. No. 2-2018]
C. 
Any New York State-licensed motor vehicle inspection station which is affiliated with or owned by a tow car company or is affiliated with any operator of any tow car company shall be prohibited from making tow car inspections pursuant to this section.
D. 
The Village Police Department is hereby authorized and empowered to establish reasonable rules and regulations for the inspection of tow cars and for the enforcement of the provisions of this chapter, and to cause inspections of licensed tow cars to be made from time to time to see that they are kept fully equipped and in proper working condition for towing. He shall keep written reports of all inspections made.
[Amended 11-20-2018 by L.L. No. 2-2018]
[Amended 8-3-2010 by L.L. No. 20-2010; 11-20-2018 by L.L. No. 2-2018]
Each applicant shall, before the issuance to him of a license under this chapter, file with the Village Police Department an insurance policy, which insurance shall remain in force during the period covered by the license, issued by an insurance company licensed to do business in the State of New York containing:
A. 
Insurance required:
(1) 
The year, make and vehicle identification number of each tow car insured under the policy;
(2) 
Providing for general liability insurance: comprehensive or commercial form: combined single limit of $1,000,000 per occurrence;
(3) 
Business towing liability insurance: combined single limit of $1,000,000 per occurrence;
(4) 
Garagekeeper's liability insurance to provide coverage of fire, explosion, theft and collision in the amount of $50,000 and combined single limit of $500,000 per occurrence;
(5) 
On-hook liability combined single limit of $500,000 per occurrence.
B. 
All of the aforementioned with the Incorporated Village of Hempstead named as an additional insured. Such insurance policy shall provide that the Village will be given 30 days' prior notice of cancellation, or nonrenewal of or material change to the insurance coverage provided to in this section. A nonbinding certificate of insurance is not sufficient for proof of insurance.
[Amended 8-3-2010 by L.L. No. 20-2010; 11-20-2018 by L.L. No. 2-2018]
Such policy of insurance required in § 127-9 shall not be canceled or suspended either by the insured or the insurer unless at least 30 days' notice in writing of the intention to cancel or suspend such policy has been filed with the Village Police Department, and upon such suspension or cancellation of insurance, the license of said operator shall stand suspended until such time as an acceptable policy of insurance shall be on file with the Village Police Department.
Every person desiring to obtain a tow car driver's license shall comply with the following:
A. 
Contents of application. The applicant shall make application for license on forms furnished by the Village Police Department, which application shall state the full name and residence of the applicant; applicant's place of residence during the five years previous to applicant's present address; applicant's age, height, weight, color of eyes, color of hair, place of birth and whether a citizen of the United States either by birth or naturalization; places of previous employment; whether applicant is married or single; whether applicant has been convicted of a felony, misdemeanor or offense; whether applicant previously has been licensed as a driver or chauffeur, and, if so, when, where and whether applicant's license has ever been revoked or suspended and for what cause; and the number of applicant's state driver's license.
[Amended 11-20-2018 by L.L. No. 2-2018]
B. 
State license. The applicant shall exhibit his current New York State Chauffeur's license with a "W" endorsement for inspection.
[Amended 8-3-2010 by L.L. No. 20-2010]
C. 
Character reference. The applicant shall file testimonials of at least two reputable persons as to good character and reliability with his application.
D. 
Photographs. The applicant shall file with the application two photographs as required pursuant to § 86-3H of this Code. One of the photographs shall be attached to his license and the other shall be filed with his application. Such photograph shall be attached to the license in such a manner that it cannot be removed and another photograph substituted without the probability of detection.
E. 
Fingerprinting and examination. The applicant shall submit to fingerprinting as directed by the Village Police Department and be responsible for the cost of the fingerprinting inquiry.
[Amended 6-2-1998 by L.L. No. 4-1998; 11-20-2018 by L.L. No. 2-2018]
F. 
The Village Police Department License and Records Bureau shall be responsible to review the criminal history report generated by the fingerprint inquiry.
[Amended 6-2-1998 by L.L. No. 4-1998[1]; 11-20-2018 by L.L. No. 2-2018]
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection F, Annual fee, duration, as Subsection H.
G. 
Prior conviction of one or more violent felonies or conviction within the previous five years of more than one nonviolent felony, or one nonviolent felony and one or more misdemeanors or two or more misdemeanors, which have not been removed as provided pursuant to New York State law, may disqualify the applicant for a tow car driver's license.
[Added 6-2-1998 by L.L. No. 4-1998]
H. 
Annual fee, duration. The annual fee for a tow car driver's license shall be in accordance with the provisions of § 86-13 of this Code. A tow car driver's license shall be issued at any time during the year and shall expire on the 31st day of January next succeeding, unless suspended or revoked by the Board of Trustees.
[Amended 6-2-1998 by L.L. No. 4-1998; 8-3-2010 by L.L. No. 20-2010]
[Amended 11-20-2018 by L.L. No. 2-2018]
Upon certification by the Village Police Department's License and Records Bureau, after preliminary inquiry as to the applicant's skill, fitness and ability to drive a tow car and as to whether the applicant is a person of good moral character, and upon payment to the Village Tax and Water Department of the license fee, the Village Board shall issue or deny such application.
[Amended 11-20-2018 by L.L. No. 2-2018]
Every owner licensed under this chapter who desires to add additional places of tow car service or who desires to transfer a place of tow car service shall file with the Village Police Department a written application, under oath, stating:
A. 
The name and address of the applicant.
B. 
The applicant-owner's license number.
C. 
Any facts which the applicant believes tend to prove that the public convenience and necessity require such additional places of tow car service or transfer of place of tow car service.
D. 
The address of the additional place of tow car service or transfer.
[Amended 11-20-2018 by L.L. No. 2-2018]
A. 
Every owner licensed under this chapter who desires to add to the number of tow cars he is duly licensed to operate shall file a written application, under oath, with the Village Police Department, stating:
(1) 
The name and address of the applicant.
(2) 
The applicant-owner's license number.
(3) 
Any facts which the applicant believes tend to prove that the public convenience and necessity require such addition.
(4) 
A description of each such additional tow car, including the make, motor number and the year of manufacture.
B. 
If the Village Board shall find that public necessity warrants the addition of the tow car(s), then the Village Board shall issue a supplementary owner's license stating the name and address of the applicant, the number of the applicant's operator's license, the number of additional vehicles the applicant is authorized to operate and the date of the issuance thereof, and, at the same time, a license for each additional tow car in accordance with the provisions of this chapter; otherwise such application shall be denied.
[Amended 11-20-2018 by L.L. No. 2-2018]
The Village Police Department, upon receipt of the annual fee, may renew a tow car driver's license from year to year by appropriate endorsement thereon, provided that the Village Police Department shall certify as to the driver's skill, fitness and ability and as to whether the applicant is a person of good moral character. Application for renewal of license shall be made by the driver upon a form to be furnished by the Village Police Department, which shall be filled out with the applicant's full name, address, original license number and date upon which the original license was granted.
The owner's license issued hereunder shall not be transferable.
Unrestricted and restricted owner's license fees shall be in accordance with the provisions of § 86-13 of this Code.
The Mayor may temporarily suspend any license granted pursuant to this chapter by the giving of a written notice to that effect to the licensee. The Board of Trustees shall promptly hold a hearing concerning the facts and circumstances prompting the suspension. Such license may be reinstated or revoked by said Board.
The grounds for the suspension or revocation of a license issued pursuant to this chapter are as follows:
A. 
A misrepresentation or false statement contained in the application for license.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on any business or activity which is licensed.
C. 
The violation of any provision of this chapter or the provisions of this Code or other ordinance or local law or any statute regulating the license activity.
D. 
Conviction of the licensee of any crime.
E. 
Conducting any business activity which is regulated by the provisions of this Code or any other law requiring the license in such a manner as to constitute a breach of the peace or to endanger the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license, setting forth the grounds of the complaint and the date, time and place of hearing, shall be given in writing by mail, postage prepaid, to the licensee at his last known address at least 10 days prior to the date of hearing.
A. 
Each tow car operated hereunder shall have inscribed on the outside of each front door the trade name, business address and telephone number of the owner in letters not less than two inches and not more than four inches in height, either painted or otherwise securely affixed to both doors in a conspicuous place as hereinafter provided.
B. 
A tow car owner shall have legibly inscribed on each side of the tow car, in letters and numerals not less than 1 1/2 inches in height, the lawful towing rates as set forth in this chapter.
[Amended 1-19-1988 by L.L. No. 2-1988; 6-7-1994 by L.L. No. 3-1994; 4-2-2002 by L.L. No. 4-2002; 10-2-2007 by L.L. No. 5-2007; 8-3-2010 by L.L. No. 20-2010; 5-16-2017 by L.L. No. 1-2017]
All charges for both towing and labor must be listed on authorization forms accepted and signed for by the person in charge of the disabled vehicle before it shall be towed from its point of origin. Towing charges, regardless of the equipment needed, anywhere within the Village of Hempstead shall be $175 per tow, except as otherwise provided herein. Use of a winch-out service for a vehicle that is overturned or on its side shall be $150. For vehicles over two tons, there shall be a towing surcharge of $25 and a daily storage charge of $25. For vehicles between three and five tons, there shall be a towing surcharge of $125 and a daily storage charge of $25. For vehicles between five and nine tons, there shall be a towing surcharge of $500 and a daily storage charge of $50. For vehicles over nine tons, there shall be a towing surcharge of $750 and a daily storage fee of $100. The charges for towing shall not be estimated or otherwise altered or based upon the availability of tow cars. Inside and outside storage fees shall be at the rate of $25 per twenty-four-hour period, except as otherwise provided herein. The fee for materials and labor for cleanup, if necessary, shall be $25. The fee for vehicles towed without ignition and/or door key shall incur a surcharge of $45. All vehicles shall be stored on the premises of the licensee, whether indoors or outdoors, and no vehicles shall be stored on any public street. These towing and storage charges shall not apply to the towing of motor trucks exceeding 1 1/2 tons' capacity, nor shall they apply to towing under a contract which was in existence prior to the motor vehicle involved having become disabled.
A. 
Every licensed tow car owner shall maintain a bound record book of all calls for service at the scene of an accident or impoundment. Entries in this book shall be made in ink at the time the call is received and prior to responding to the call and shall specify:
(1) 
Name of the person making the call.
(2) 
Time of the call.
(3) 
Location of the call.
(4) 
Name of the person receiving the call.
B. 
Upon completion of the towing service, the following information shall be entered in the book:
(1) 
Year, make, model and color of the vehicle towed.
(2) 
Registration number.
(3) 
Vehicle identification number.
(4) 
Tow car driver's name.
C. 
The record book shall be retained for three years after the last entry.
[Amended 11-20-2018 by L.L. No. 2-2018]
D. 
The record book shall be available for inspection by the Village Clerk, Board of Trustees or any member of the Hempstead Police Department.
A. 
Estimates and repairs. No fee shall be charged either directly or indirectly for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled without the prior written consent of the owner of the disabled vehicle. The agreement form for repairs required hereunder must be in substantially the following form:
AGREEMENT FOR REPAIRS
It is hereby agreed between (insert name and address of owner or person in charge authorized to enter agreement) and (insert name, address, telephone number, and license number of tow car, licensee or repairer) that (owner or person in charge) agrees to pay the sum of $ to (repairer) who in consideration thereof agrees to repair a (year, make and type of automobile) N.Y. State Reg. No. which was involved in an accident or otherwise disabled and removed by a tow car.
Dated at ___________________ this ____ day of _____19___
Licensee /s/
(Owner)
(Person in charge)
(Check appropriate one)
B. 
Bill for towing.
(1) 
The owner of a tow car shall have prepared a pad of bills containing a printed billhead showing the name and address of his place of business and telephone number and the repair shop order number issued to owner from the New York State Department of Motor Vehicles. The operator of a tow car shall prepare a bill on his billhead form, in duplicate, the original of which shall be furnished to the owner of the disabled vehicle or his authorized representative. This bill must be printed in a form approved by the Village Board and shall contain the following information:
[Amended 8-3-2010 by L.L. No. 20-2010]
(a) 
Full name and address of the person engaging the tow car.
(b) 
State registration number of disabled vehicle.
(c) 
Total amount to be charged for towing and storage rate per 24 hours or part thereof.
(d) 
Full name and address of the operator of tow car.
(e) 
State registration number of tow car.
(f) 
Tow car license number.
(2) 
The duplicate of the bill shall be retained by the tow car owner for a period of one year. These bills shall be exhibited upon demand to any official of the Village or any member of the Hempstead Police Department. Upon payment of the bill given to the owner of a disabled vehicle or his authorized representative, the licensee shall acknowledge in writing receipt of payment of such bill.
[Amended 11-20-2018 by L.L. No. 2-2018]
Every owner, upon the sale or other disposition of a licensed tow car, shall within 24 hours notify the Village Police Department of such sale or other disposition and surrender the license or licenses.
The Board of Trustees shall have the power to prescribe reasonable rules and regulations for the proper and efficient administration and enforcement of this chapter.
A. 
Solicitation of towing work by the operator or any occupant of a tow car while parked or driving upon any street in the Village is 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, his authorized representative or the Police Department. 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.
B. 
The owner or driver of a disabled motor vehicle shall have the right to require the services of any available tow car licensed by the Village, and it shall be unlawful for the driver of any licensed tow car to refuse to render such services if such owner or driver of such disabled motor vehicle is able and willing to pay the fee prescribed in the schedule of prices filed by the owner of such licensed tow car with the Village Board; provided, however, that it is physically possible for such tow car to tow such disabled motor vehicle and that such tow car is not already going to or returning from the performance of a towing service.
[Amended 11-20-2018 by L.L. No. 2-2018]
It shall be unlawful for any licensee to refuse to surrender a license or licenses to the Village Police Department, upon demand, after such license or licenses have been suspended, revoked or expired.
A. 
It shall be unlawful for any person to demand or receive any payment in excess of the maximum charges permitted by this chapter.
B. 
It shall be unlawful for any person licensed pursuant to this chapter to make or cause to be made any repairs or to charge a fee directly or indirectly for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled without first entering into a signed agreement with the owner or other person in charge of said disabled motor vehicle, fixing the cost on a form as prescribed in this chapter.
C. 
It shall be unlawful for any person to enter into an agreement for the repair or for the estimate for repairs where the owner or person in charge of the motor vehicle involved in an accident is to be hospitalized because of such accident, until the expiration of at least 24 hours from the time of such accident, unless the injured person has, before the expiration of said time, been discharged from the hospital.
[Amended 3-17-1992 by L.L. No. 1-1992]
A. 
No tow car shall attend the scene of an accident unless licensed by the Village pursuant to this chapter.
B. 
Accident rosters.
[Amended 8-3-2010 by L.L. No. 20-2010]
(1) 
Tow operators who have been given an unrestricted license by the Village Board will be listed in separate accident and impound rosters established by the Police Department, listing the name of each tow car owner in alphabetical order.
(2) 
The name of each tow car owner shall appear only once on each roster.
(3) 
A tow car owner shall respond to the scene of an accident within 30 minutes of any call in regard thereto from the Hempstead Police Department.
(4) 
If the tow car owner uses an answering service, beeper or similar message-taking service to accept a call from the Hempstead Police Department, the owner shall within 10 minutes thereafter acknowledge receipt of said call to the Hempstead Police Department and shall then comply with Subsection B(3) above.
(5) 
If the owner does not comply with Subsection B(3) and B(4) above, it will be presumed that said owner is unavailable and the Hempstead Police Department will then call the next tow car owner shall be documented by the Village Police Department.
[Amended 11-20-2018 by L.L. No. 2-2018]
(6) 
In the event that the Police Department determines that the tow operators on the roster lack the equipment necessary to address a tow, the Police Department can contact a tow operator, of its own choosing, to address the tow in issue and the reasons for same will be.
[Amended 11-20-2018 by L.L. No. 2-2018]
A. 
A licensed tow car driver shall:
(1) 
Have his identification card in his possession at all times while engaged in his occupation as a tow car driver, and while so engaged, also be in possession of his operator's or chauffeur's license.
(2) 
Not permit any other person to use his identification card.
(3) 
Not drive an unlicensed tow car or one for which the license has been suspended or revoked.
(4) 
Promptly report the loss of his identification card to the Village Clerk.
(5) 
Report change of address to the Village Clerk within 48 hours.
(6) 
Have with him at all times properly authorized forms for towing and repair, such forms to be printed and maintained by tow car owners.
B. 
Each driver at the scene of an accident shall:
(1) 
Exhibit his identification card to the owner of any disabled vehicle or person in charge thereof or to any Village officer or any member of the Hempstead Police Department.
(2) 
Not remove any vehicle from the scene of an accident until proper authorization has been signed by the owner of the disabled vehicle or person in charge thereof.
(3) 
Not remove any vehicle involved in an accident in which a person has been injured until released by a duly authorized member of the Hempstead Police Department.
C. 
Every tow car driver shall obey all traffic laws, ordinances, local laws, rules and regulations while operating a tow car, and upon receipt of a summons or his arrest for an alleged violation of any such law, ordinance, local law, rule, regulation or for any ordinance, shall report the same within three days to the Village Clerk, advising him of the nature of the offense charged and the name and the location of the court and the date upon which said summons is returnable or the date on which the hearing or such trial is to be held. Thereafter, the tow car driver shall notify the Village Clerk of the disposition of same.
[Added 9-3-1996 by L.L. No. 5-1996]
No motor vehicle shall be towed from privately owned real property without the prior written consent of the owner or operator of said motor vehicle, except in accordance with the following:
A. 
The owner of the real property from which any motor vehicle is to be towed shall have previously filed with the Village of Hempstead Police Department a duplicate original of a written agreement between real property owner and the tow car owner with whom such real property owner has contracted to tow motor vehicles from such private property.
B. 
Any tow car owner performing towing services upon private property shall hold a restricted license or unrestricted license to tow issued by the Village of Hempstead.
C. 
The property owner shall post in a conspicuous place or places and at all entrances to the property owner's premises signs stating that any unauthorized parked motor vehicle will be towed at the motor vehicle owner's expense. Such sign shall also state where the motor vehicle may be recovered. Any and all signs required to be installed pursuant to this subsection shall comply with the applicable sections pertaining to signs as stated in the Code of the Village of Hempstead.[1]
[1]
Editor's Note: See also Ch. 113, Signs.
D. 
The tow car owner shall tow an unauthorized parked motor vehicle only upon the direction and consent of the owner of the real property where the unauthorized motor vehicle is located or his authorized agent.
E. 
The tow car owner shall notify the Hempstead Police Department, in writing, within one hour of the towing of any unauthorized motor vehicle and the location to which it is being towed.
F. 
The maximum fee to be charged for any tow from private property pursuant to this § 127-32, including all charges for the tow, use of flatbed or converted tow trucks, and all labor, shall be in accordance with § 127-22.
[Amended 12-4-2001 by L.L. No. 2-2001; 11-20-2018 by L.L. No. 2-2018]
G. 
[2]Storage charges shall comply with the provisions of § 127-22.
[2]
Editor's Note: Former Subsection G, regarding towing from private property, was repealed 11-20-2018 by L.L. No. 2-2018. This local law also renumbered former Subsections H and I as Subsections G and H, respectively.
H. 
Each of the other provisions of Chapter 127 shall apply to nonconsensual towing as described in this § 127-32, except as the same may be inconsistent herewith.
[Added 8-3-2010 by L.L. No. 20-2010]
In addition to the suspension and revocation provisions under set forth in §§ 127-18 and 127-19 of this Code, violations of the provisions of this chapter shall also be enforced by the Hempstead Police Department. An offense against any provision of this chapter shall be punishable by a fine as set forth in § 1-16 of this Code. However, nothing within this article shall reduce the authority of the Board of Trustees or Mayor to suspend or otherwise revoke a Village tow car license under §§ 127-18 and 127-19 of this Code.