[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:
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.
A twenty-four hour period.
[Added 8-3-2010 by L.L. No. 20-2010]
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.
RESTRICTED LICENSEThat 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.
UNRESTRICTED LICENSEThat 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]
The control and direction of the use of a vehicle for towing
for hire from places within the Village of Hempstead.[1]
Includes an individual, partnership, unincorporated association,
corporation or other entity.
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.
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]
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.
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]
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":
Vehicles of a governmental agency.
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."
The moving or removing of disabled or abandoned motor vehicles
by another vehicle for hire.
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:
(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.
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; 5-4-2021 by L.L. No. 1-2021]
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 and less than three tons, there shall be a towing surcharge
of $25 and a daily storage charge of $25. For vehicles between three
tons and less than 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 two 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:
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.
(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]
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.
[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.
