[Amended 1-14-2015 by L.L. No. 6-2015]
It shall be unlawful for any person to engage in towing for hire within the Town of Huntington without first securing a license from the Town Clerk for the category of business to be conducted, as follows:
A. 
Class A: General. A lawful terminal, whether located within the Town or elsewhere, may be issued such a license for the general purposes of responding to calls for assistance directly from owners and/or operators of vehicles needing transport to any destination.
B. 
Class B: Police Response. A lawful depot, located within the Town, may be issued such a license for the purposes of responding to calls for assistance either from Police or directly from owners and/or operators of vehicles needing transport to any destination, or for private enforcement purposes.
A. 
Application. Applications for a license or license renewal required herein shall be filed with the Town Clerk, on a form supplied by the Town Clerk. Said application shall be in the form of a sworn affidavit by the applicant, stating that all information is true and accurate to the best of their knowledge and belief, including the information set forth herein.
(1) 
Personal information.
(a) 
Name, address (local and legal, if different), telephone number and social security number, including maiden name where applicable.
(b) 
Place of residence (local and legal, if different) for the past five (5) years, if different from above.
(c) 
Age, height, weight, eye and hair colors, place and date of birth, marital status.
(d) 
Convictions for felonies or misdemeanors, or violations of municipal codes (except municipal traffic and/or parking violations), and if so, in what court, when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court.
(e) 
For identification purposes, whether applicant is a citizen of the United States; if citizenship obtained by naturalization, date and place where obtained; if an alien, and proof of legal entry into the United States.
(f) 
A signed statement that the applicant has read and understands the provisions of this chapter and will abide by them if issued a license.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2) 
Business information.
(a) 
Name, address, telephone number of business, located within the Town.
[Amended 1-14-2015 by L.L. No. 6-2015]
(b) 
Place of business and/or employment for the past five (5) years, including names and addresses, if different from above, and any experience in towing for hire.
(c) 
Any previous licenses held in any occupation, and if so, when, where, for what period, and whether said licenses were ever revoked or suspended and the date of and reason for revocation or suspension.
(d) 
Copies of certificates on file with a County Clerk New York Secretary of State or other appropriate office, if applicant employs a trade or assumed name, such as doing/business/as (DBA), corporation or partnership, under which the business is operated; New York sales tax identification number for all persons, corporations, partnerships, associations or other business entities.
(e) 
Name, address, telephone number and title of the person designated to accept process of service or other legal notices.
(f) 
Address and telephone number of location at and from which vehicles of, and vehicles towed by, the business are to be dispatched and transported.
(3) 
Forms. Copies of all required by the provisions of this chapter for conducting the business of towing for hire, including but not limited to tow and repair authorizations and billing.
(4) 
Miscellaneous information. Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of towing.
B. 
Examination. At the discretion of the Town Clerk, before issuance of a license, the Town Clerk may require the applicant, and any others having knowledge of any facts, to submit to an examination under oath, and to produce evidence relating thereto.
[Amended 12-4-2007 by L.L. No. 46-2007]
C. 
Inspection. No license shall be issued or renewed until the business premises to be used by the proposed licensee shall have been inspected by the Town and found to be in conformance with all provisions of this chapter.
[Amended 1-14-2015 by L.L. No. 6-2015]
D. 
Issuance. No license required by this chapter shall be issued until all prescribed fees have been paid and the application has been approved by the Town Clerk.
E. 
Modification. Any change in circumstance with regard to information required hereinabove shall be reported to the Town Clerk within thirty (30) days of occurrence.
F. 
Applicant must also comply with vehicle requirements listed in Article III of this Chapter.
[Added 10-19-2022 by L.L. No. 26-2022]
[Amended 1-14-2015 by L.L. No. 6-2015]
Licensees are responsible for ensuring that they, and their employees and operators (as applicable), take such training course as may be prescribed, from time to time, by any applicable laws, specifically designed to educate and familiarize them with customary safety standards. Evidence of satisfactory completion of such courses shall be filed with the license application. Current licensees shall file proof that such courses are regularly attended and/or have been satisfactorily completed.
These regulations are mandatory and are the responsibility of licensees as to owners, vehicles, operators and/or employees during all times and operations of the business.
A. 
Compliance, generally. Licensees shall be in compliance with this chapter and all other applicable laws, including but not limited to those concerning vehicles, traffic and parking.
B. 
Business changes. Licensees shall report to the Town Clerk, within seven (7) days, any changes regarding business location or designee for process of service or other legal notices.
C. 
Business facilities.
(1) 
License related. Licensees shall maintain a legally permitted [terminal and those further facilities required for the category of license they hold, as follows:] depot, and a legally permitted public garage or automotive body or repair shop or service station within the Town. In the case of a Class B license, the depot and the garage, shop, or service station must be at the same location.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2) 
Proprietorship. Licensees shall provide proof of ownership of said facilities or a written lease agreement therefor with a term at least as long as the term of their license. In no event shall a licensee occupy or share the same premises with another towing business.
(3) 
Signage. Licensees shall maintain clearly visible signs to adequately identify their business location, in compliance with the Zoning Code of the Town of Huntington.[1]
[1]
Editor's Note: See Ch. 198, Art. XIV.
D. 
Rates. Licensees shall file with the Town Clerk a copy of their Schedule of Rates for posting on the back of the certificate of operation for each vehicle of the business and at their terminals, exhibiting maximum rates set forth in this chapter and additional rates for services not restricted herein.
E. 
Identification devices. Licensees shall post all identification devices as prescribed in this chapter and shall report to the Town Clerk, within twenty-four (24) hours, loss, theft, mutilation, marring or alteration of any such devices.
F. 
Written logs. Licensees shall maintain all written logs as prescribed in this chapter.
These activities are unlawful and are the responsibility of licensees as to owners, vehicles, operators and/or employees during all times and operations of the business.
A. 
Noncompliance, generally. Licensees shall not be in violation of this chapter or any other applicable laws, including but not limited to those concerning vehicles, traffic and parking.
B. 
Attention-seeking devices. Licensees, or persons on their behalf, shall not use loudspeakers, noisemaking and/or other attention-seeking devices upon any street, road, highway, alley, park or other public place within the Town for the purpose of attracting attention to solicitation of business or for any other purpose, unless specifically required by law.
[Amended 1-14-2015 by L.L. No. 6-2015]
C. 
Brokering or selling of repair jobs. Licensees, or persons in their employ or on their behalf, shall not broker or sell repair jobs for vehicles their business has towed, and in no event shall they receive consideration of any kind for recommending or forwarding such a vehicle to another party for repair.
D. 
Invalid documents. Licensees shall not allow operation of any vehicles of the business while requisite Town, state or federal documents of any nature are not in effect, have expired or been suspended or revoked, as they apply to owners, vehicles or operators.
[Amended 1-14-2015 by L.L. No. 6-2015]
E. 
Solicitation of business. Licensees shall not allow operation of any vehicles of the business for the purpose of soliciting towing work and shall not monitor, neither directly nor indirectly, the police radio of the Suffolk County Police Department for said purpose.
F. 
Unauthorized uses. Licensees shall not allow use of their license or any vehicles of the business by any unauthorized person.