Definitions. Unless otherwise stated in this section where the term is used herein, the meaning of the terms used in this chapter shall be as stated below:
ACCIDENTAny incident or occurrence in which one (1) or more vehicles come into contact with each other or any other objects, thereby causing personal injury, property damage or malfunctioning of a vehicle.
ACCIDENT SCENE OR SITEAny area of a street, road or highway, or private property where an accident has occurred, or any location adjacent thereto to which any involved vehicle has been removed in order to prevent obstruction of traffic.
APPLICABLE LAWSIncludes all laws, rules, regulations, codes, ordinances, local laws or other authority of the Town of Huntington, County of Suffolk, State of New York, United States of America, or other government subdivisions having jurisdiction over or within the Town.
[Amended 1-14-2015 by L.L. No. 6-2015]
Any establishment in which the principal activities lawfully engaged in are refurbishing the bodies of motor vehicles, including refinishing, rebuilding, painting or repainting, equipping and replacing or substituting parts thereof.
AUTOMOTIVE REPAIR SHOPAny establishment in which the principal activities lawfully engaged in are general servicing and repair of the mechanical functions of motor vehicles, including regular maintenance; sales, installation and replacement of parts and accessories; and motor, transmission, chassis and rear- and front-end repair and overhaul.
AUTOMOTIVE SERVICE STATIONAny establishment in which the principal activities lawfully engaged in are minor servicing and repair of the mechanical functions of motor vehicles, including retail sale and installation of gasoline, oil, grease, petroleum products, tires, tubes, batteries, lamps and ignition parts and excluding motor, transmission or rear- or front-end overhauls and body refurbishing.
BUSINESSAny single act of towing a vehicle for compensation, including instances where any fee, charge or other direct or indirect consideration or compensation of any kind is imposed for any other work of any sort on the towed vehicle, although no such compensation is expressly imposed for the towing of such vehicle, or the acts of regularly advertising or soliciting towing business, responding to calls or otherwise regularly providing or offering towing services within the Town of Huntington, regardless of the location of the business.
DEPOTAny premises where the principal activities lawfully engaged in include storing vehicles and towing for hire, requiring an on-site terminal and an enclosed or fenced area providing adequate space for the storage of towed vehicles.
DMVThe New York State Department of Motor Vehicles.
FIRE MARSHALThe Town of Huntington Fire Marshal.
[Added 1-14-2015 by L.L. No. 6-2015]
The Gross Vehicle Weight Rating of a tow truck, consisting of the weight of the tow truck plus the heaviest load that it is designed to carry.
LICENSEEThe holder of a license to engage in the business of towing for hire or to employ others for said purposes in the Town of Huntington.
LICENSESDue authorization in writing which permits a person to engage in the business of towing or to employ others for said purposes, divided into two (2) different categories, as follows:
[Amended 1-14-2015 by L.L. No. 6-2015; 11-10-2016 by L.L. No. 47-2016]
(1) CLASS A: GENERALLicenses for engaging in the business of towing for hire for general purposes independent of any other business activities or for restricted purposes accessory to other lawful business activities.
CLASS B: POLICE RESPONSELicenses for engaging in the business of towing for hire for general and Police response purposes, whether accessory to, or independent of, any other lawful business activities.
OPERATORAny natural person who is engaged in the operation of a tow truck within the Town of Huntington.
OWNERIncludes any person who is a business owner, principal director and/or officer of a business, a purchaser under a reserve title contract, conditional sales contract or vendor's lien agreement; and a lessee who is entitled to obtain in their own name proper New York State registration of vehicles engaged in the business of towing; and/or any person owning or controlling one (1) or more tow trucks and operating/driving or causing to be operated/driven any such tow truck.
PASSENGERAny person other than the operator/driver who is an occupant of a tow truck upon the public streets, roads and highways within the Town of Huntington.
PERMITDue authorization in writing which permits a person to operate a vehicle engaged in the business of towing for hire.
PERMITTEEThe holder of a permit to operate a vehicle engaged in the business of towing for hire in the Town of Huntington.
PERSONIncludes any natural person, individual, business, company, concern, corporation, enterprise, firm, industry, partnership, public utility, trade group, trust, association, unincorporated association or any other organizations of two (2) or more persons, except a passenger.
POLICEThe Suffolk County Police Department.
POLICE RESPONSE ROSTERS or ROSTERSIncludes three (3) lists of Class B licensees to be called, by the Suffolk County Police Department Precinct having jurisdiction within the Town of Huntington, for removal, towing and/or storage of vehicles, as follows:
[Amended 1-14-2015 by L.L. No. 6-2015]
(2) DISABLED MOTORIST ROSTERAn optional list of all Class B licensees to be used for disabled vehicles which have not been involved in an accident.
HEAVY-DUTY ROSTERA list of Class B licensees that possess and operate heavy-duty tow trucks, to be used for all vehicles requiring the specific capabilities of such a tow truck.
PRECINCT COMMANDERThe Commander of any Precinct of the Suffolk County Police Department covering the jurisdiction of the Town of Huntington.
PRIVATE PARKING AREASIncludes any area containing one (1) or more parking spaces for motor vehicles that is directly accessible from adjacent roadways.
PRIVATE PARKING LOTSIncludes any area containing parking spaces for motor vehicles that has an entrance and/or exit from adjacent roadways.
PUBLIC GARAGEAny structure in which the principal activities lawfully engaged in are interior storing, housing or keeping of vehicles containing or designed to contain volatile flammables in their fuel storage tanks, which may also be operated in conjunction with a depot or automotive body or repair shop or service station, where permissible.
RECOVERYAny situation where a tow truck is issued to clear or restore a wrecked vehicle or to service a vehicle made unmovable and/or unstable by major damage which risks further damage to the vehicle and/or any other property, requiring that specialized towing equipment be used to correct or restore the vehicle to a safe condition for transport or that multiple pieces of equipment be used such as recovery straps, air bags, snatch blocks, torches, chains, chain binders or cribbing, subject to review and approval of the Town Director of Public Safety or his designee.
[Added 12-4-2007 by L.L. No. 46-2007; amended 1-14-2015 by L.L. No. 6-2015]
The Town of Huntington Spill Response Team, a component of the office of the Town of Huntington Harbor Master.
[Added 1-14-2015 by L.L. No. 6-2015]
Any establishment from which the activity of towing for hire is lawfully conducted, whether as the principal business activity or as accessory to a related lawful activity, such as part of a depot or in conjunction with a public garage or automotive body or repair shop or service station, whereat a business office and a parking area adequate for keeping the number of tow vehicles operated therefrom are maintained.
TOW or TOWINGIncludes the raising, carrying, pulling, pushing, moving, removing or otherwise transporting of any vehicle from one (1) location to another, by means of the use of a vehicle, upon the public streets, roads and highways within the jurisdiction of the Town.
[Amended 1-14-2015 by L.L. No. 6-2015]
Includes the towing or allowing the towing of a vehicle for a fee, charge or other direct or indirect consideration or compensation of any kind. Also see the definition of "business" herein.
TOWNIncludes all areas within the jurisdiction of the Town of Huntington.
TOW TRUCKAny vehicle engaged in or equipped for the towing of other vehicles, such equipment usually consisting of a crane, winch, tow bar, push plate or other device designed to remove, carry, pull or push a vehicle, or to raise its front or rear end.
VEHICLEIncludes motor vehicles, tractors or trailers, as defined in New York State Vehicle and Traffic Laws; and/or legally licensed or registered to be operated on public streets; and/or not licensed or registered, but which may be operated on private lands; and/or not licensed or registered for operation, but which must be towed from one (1) location to another upon the public streets, roads and highways within the jurisdiction of the Town of Huntington. A "basic" vehicle is one having a weight not exceeding 10,000 pounds. A "heavy duty" vehicle is one having a weight exceeding 10,000 pounds.
[Amended 1-14-2015 by L.L. No. 6-2015]