It shall be unlawful for any person to engage
any vehicle in towing for hire within the Town of Huntington without
first securing a certificate of operation for each vehicle used in
and by said business from the Town Clerk.
A.
Application. Applications for a certificate or certificate
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 of the information
is true and accurate to the best of their knowledge and belief, including
the documents and information set forth herein.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Business information. Name, address (local and legal, if different),
telephone number of the vehicle owner and all other information regarding
said owner as if an applicant for a license, if different than business
owner.
(3)
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 vehicle's
fitness to engage in the business of towing.
B.
Issuance. No certificate of operation required by
this chapter shall be issued until all prescribed fees have been paid
and the application has been approved by the Town Clerk.
C.
Modification. Any change in circumstance with regard
to the information required herein shall be reported to the Town Clerk
within thirty (30) days of occurrence.
A.
Vehicle inspection.
[Amended 1-14-2015 by L.L. No. 6-2015; 10-19-2022 by L.L. No. 26-2022]
(1)
Issuance. No certificate shall be issued or renewed
until the business owner has submitted the Application for Tow Truck
License and Certificate of Operation which must be signed and notarized
under the penalties of perjury to the Town Clerk.
(2)
Rules and regulations. The Town Clerk may establish
reasonable rules and regulations for vehicle inspections, including
but not limited to inspections performed at any time under the direction
and supervision of or by any employee or official designated by the
Town.
(3)
Deficiencies.
(a)
Notice. In the event that any vehicle is found
to be in violation of any provisions of this chapter, pursuant to
a scheduled or random inspection, the applicant shall be issued a
notice of violation stating the corrective measures to be taken.
(b)
Compliance. Proof that deficiencies have been
corrected or repaired shall be filed with the Town Clerk within forty-eight
(48) hours of issuance of a notice of violation. Failure to comply
shall cause the Town Clerk to immediately disapprove a pending application,
or suspend the current certificate, of said vehicle and set a revocation
hearing.
(4)
Waiver. A disapproved or suspended certificate may
be approved or reinstated after filing a request for waiver with the
Town Clerk, based on submission of proof that corrective measures
have been taken within ten (10) days of such disapproval or suspension.
If said proof is not timely submitted and/or the Town Clerk revokes
the certificate, a new application, and fee shall be required.
B.
New York inspections. The vehicle shall possess a
current, valid certificate of inspection as required in New York State
Vehicle and Traffic Law, which evidence of should be submitted with
the application for Tow Truck License and Certificate of Operation.
[Amended 10-19-2022 by L.L. No. 26-2022]
C.
Liability. Said inspections shall not be conclusive
against the Town but shall be evidence merely that the owner of the
vehicle has had inspections made as required by this chapter.
[Amended 1-14-2015 by L.L. No. 6-2015]
D.
Police authority. Nothing herein shall prevent Police
authorities from making inspections of the vehicle at any time, and
Police authorities are hereby given specific authority to make such
inspections whenever deemed necessary for public health, safety and
welfare.
[Amended 1-14-2015 by L.L. No. 6-2015; 10-19-2022 by L.L. No. 26-2022]
Licensees are responsible for ensuring that
all vehicles possessing certificates are outfitted with such equipment
as may be prescribed, from time to time, by any applicable laws. Evidence
that such equipment is present in a vehicle shall be filed with the
certificate application. Current certificate holders shall file proof
of satisfactory installation of such equipment.
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, and the
responsibility of permittees while in possession of a vehicle.
A.
Compliance, generally. Each vehicle shall be in compliance
with this chapter and all other applicable laws, including but not
limited to those concerning vehicles, traffic and parking.
B.
Accident reports. All accidents involving a vehicle
shall be reported to the police department having jurisdiction within
seven (7) days of the occurrence.
[Amended 1-14-2015 by L.L. No. 6-2015]
C.
Equipment. Each tow truck shall be equipped with the
following, in good condition and satisfactory working order at all
times:
(1)
Tow trucks, generally.
(a)
Dual rear wheels; and
(b)
Emergency flashing amber lights visible from
the front and rear of the vehicle and a Police-approved reflective
triangle or at least one (1) dozen red railroad-type flares: and
[Amended 1-14-2015 by L.L. No. 6-2015]
(c)
A ten (10) pound (ABC) dry chemical fire extinguisher;
and
[Amended 12-4-2007 by L.L. No. 46-2007; 1-14-2015 by L.L. No. 6-2015]
(d)
A minimum one and one-half (1 1/2) ton power winch and
at least seventy-five (75) feet of three-eighths (3/8) inch steel
cable; and
[Amended 1-14-2015 by L.L. No. 6-2015]
(e)
Dolly wheels or similar equipment, protective straps, safety
chains, a tow sling where applicable, a snatch block and jumper cables;
and
[Amended 1-14-2015 by L.L. No. 6-2015]
(f)
A crow bar, a hacksaw and an axe; and
[Amended 1-14-2015 by L.L. No. 6-2015]
(g)
A shovel, a heavy-duty broom and a plastic container and/or
heavy duty commercial plastic bags of at least three (3) millimeters
in thickness; and
[Amended 1-14-2015 by L.L. No. 6-2015]
(h)
Two (2) tow hooks with proper chains, unless the truck is a
heavy-duty tow truck.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Heavy-duty tow trucks: In addition to the items (a) through (h) required
for a flatbed tow truck, a GVWR of thirty-three thousand (33,000)
pounds or greater and the capability of lifting loads of twenty-two
(22) tons or greater.
[Amended 1-14-2015 by L.L. No. 6-2015[1]]
[1]
Editor's Note: This local law also repealed former Subsection
C(3), Heavy-duty tow trucks, which immediately followed.
D.
Identification devices. Each vehicle shall have posted
therein all identification devices as prescribed in this chapter.
E.
Inspections. Each vehicle and its equipment shall be inspected annually
and must pass all town and state inspections as required by this Chapter.
[Amended 1-14-2015 by L.L. No. 6-2015; 10-19-2022 by L.L. No. 26-2022]
F.
Maintenance. Each vehicle shall be kept clean, fit,
of good appearance and in a safe condition for towing of vehicles,
including repair of all final functions and/or damages, and shall
comply with all alterations and/or additions that may be required.
G.
Business identification. Each vehicle shall have the
business name, address and telephone number permanently affixed to
the front doors and/or body on each side of the exterior, not less
than three (3) inches in height.
H.
Disposition of vehicles. Upon the sale or other disposition
of any vehicle for which a certificate has been issued, the certificate
holder shall, within twenty-four (24) hours, notify the Town Clerk
and surrender the certificate, decal and any other Town-issued documentation
for said vehicle.
[Amended 1-14-2015 by L.L. No. 6-2015]
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 and the responsibility of
permittees while in possession of a vehicle.
A.
Noncompliance, generally. A vehicle shall not be in
violation of any requirements of this chapter or any other applicable
laws, including but not limited to those concerning vehicles, traffic
and parking.
B.
Attention-seeking devices. No vehicle shall be operated
with use of 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.
Invalid documents. No vehicle shall be operated while
its certificate of operation, or appropriate New York State registration
or inspection certificate is not in effect, has expired or been suspended
or revoked.
D.
Signs and/or displays. No vehicle shall be operated
with the use of signs and/or displays, except as required by this
chapter.
E.
Temporary identification devices. No vehicle shall
be operated with the use of magnetic or removable prescribed identification
markings on its exterior.
