Town of Huntington, NY General Provisions

It is the purpose and intent of this chapter to control, regulate and standardize the operations and activities of the tow truck industry operating in the Town of Huntington by licensing all persons and tow trucks engaged in such business within the Town as a matter of public interest in safeguarding the public against fraud, the imposition of exorbitant towing charges or any similar abuse and to ensure equitable and uniform systems of handling all types of towing calls. Furthermore, it is hereby declared and found that it is vital importance to the traveling public and the providers of emergency services that disabled vehicles be removed from the roadways within the Town as promptly as possible in order to avoid impeding the proper movement of traffic unnecessarily and/or causing additional vehicular incidents.

[Amended 1-14-2015 by L.L. No. 6-2015]

History has demonstrated the need for investigation and review of past conduct of applicants, in the interest of promoting public safety, morals, welfare, economic well-being and highway safety and usage. The provisions of this chapter seek to protect the peace and security of our citizens, residents and taxpayers in their homes and neighborhoods; to safeguard consumers against fraud and inferior services; and to prevent congestion and unsafe conditions on the streets and highways of the Town. It has been made with reasonable consideration of the character of our community and with a view to preserving that character, among other considerations.

[Amended 1-14-2015 by L.L. No. 6-2015]

It is the intention of the Town Board to protect the legal rights of the public by insuring every applicant under this chapter receives fair and expeditious due process by providing for an administrative hearing officer to alternatively preside over license suspension and application denial hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over license suspension and application denial appeal hearings.

[Added 1-13-2004 by L.L. No. 1-2004]

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:

ACCIDENT

Any 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 SITE

Any 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 LAWS

Includes 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]

AUTOMOTIVE BODY SHOP

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 SHOP

Any 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 STATION

Any 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.

BUSINESS

Any 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.

CRIMINAL JUSTICE SERVICES

The New York State Division of Criminal Justice Services.

[Amended 1-14-2015 by L.L. No. 6-2015]

DEPOT

Any 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.

DMV

The New York State Department of Motor Vehicles.

FIRE MARSHAL

The Town of Huntington Fire Marshal.

[Added 1-14-2015 by L.L. No. 6-2015]

GVWR

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.

LICENSEE

The 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.

LICENSES

Due 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.

(2)

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.

MOTOR VEHICLE

See the definition of "vehicle" herein.

OPERATOR

Any natural person who is engaged in the operation of a tow truck within the Town of Huntington.

OWNER

Includes 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.

PASSENGER

Any 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.

PERMIT

Due authorization in writing which permits a person to operate a vehicle engaged in the business of towing for hire.

PERMITTEE

The holder of a permit to operate a vehicle engaged in the business of towing for hire in the Town of Huntington.

PERSON

Includes 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.

POLICE

The Suffolk County Police Department.

POLICE RESPONSE ROSTERS or ROSTERS

Includes 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]

(1)

VEHICULAR ACCIDENT ROSTERA list of all Class B licensees to be used for vehicles involved in accidents.

(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.

(3)

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 COMMANDER

The Commander of any Precinct of the Suffolk County Police Department covering the jurisdiction of the Town of Huntington.

PRECINCT or HUNTINGTON PRECINCT

Any Precinct of the Suffolk County Police Department covering the jurisdiction of the Town of Huntington.

PRIVATE PARKING AREAS

Includes any area containing one (1) or more parking spaces for motor vehicles that is directly accessible from adjacent roadways.

PRIVATE PARKING LOTS

Includes any area containing parking spaces for motor vehicles that has an entrance and/or exit from adjacent roadways.

PUBLIC GARAGE

Any 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.

RECOVERY

Any 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]

SPILL RESPONSE TEAM

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]

TERMINAL

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 TOWING

Includes 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]

TOWING FOR HIRE

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.

TOWN

Includes all areas within the jurisdiction of the Town of Huntington.

TOW TRUCK

Any 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.

VEHICLE

Includes 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]

Word usage. When not inconsistent with the content, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Furthermore, the word "shall" is mandatory and the word "may" is permissive.