It shall be unlawful for any person to operate
a vehicle for the purpose of towing for hire within the Town of Huntington
without first securing a permit from the Town Clerk.
A.
Applications. Applications for a permit or permit
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, misdemeanors or violations,
including municipal codes, 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)
A witnessed statement from a doctor licensed
to practice medicine in the State of New York, stating that the doctor
has thoroughly examined the applicant within thirty (30) days of application,
that the applicant demonstrates no affliction of any physical or mental
disease or infirmity which might make them an unsafe or unsatisfactory
licensee, and no drug or alcohol dependency or use other than by prescription,
together with results of urine testing.
(f)
For identification purposes, whether the 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.
(g)
A signed statement that 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)
Place of business and/or employment for the
past five (5) years, including names and addresses thereof, and any
experience in towing for hire.
(b)
Any previous licenses held in any occupation,
and if so, when, where, for what period and whether said licenses
were ever revoked or suspended, date of and reason for revocation
or suspension.
(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 applicant's
fitness to engage in the business of towing.
B.
Identification. Applicants shall also file the items
set forth herein with said application.
(1)
Fingerprints:
[Amended 1-14-2015 by L.L. No. 6-2015]
(a)
All applicants shall be fingerprinted through, and shall pay
the cost for the services of, a New York State Division of Criminal
Justice Service-approved statewide vendor-managed civil fingerprint
capture system.
(b)
Criminal Justice Services shall submit any criminal record discovered,
or a statement indicating that no such relevant information exists,
to be filed with the Town Clerk.
(c)
New fingerprints for each renewal period may be waived by the
Town Clerk, unless the license has lapsed for a period of time in
excess of one (1) year.
(2)
Photographs.
(a)
Two identical photographs of the applicant,
taken no longer than sixty (60) days prior to submission of the application.
(3)
Driver license.
[Amended 1-14-2015 by L.L. No. 6-2015]
(a)
A copy of the applicant's current New York State Driver License,
which the Town Clerk shall then send to the New York State Department
of Motor Vehicles or the Town's Department of Public Safety, as applicable,
for a full search of the applicant's driving history.
(b)
The application shall be accompanied by a fee, the amount and
manner of payment of which the Town Clerk shall determine.
(c)
When applicable, the Town's Department of Public Safety shall
return any driving record discovered or a statement that no such relevant
information exists, to be filed with the Town Clerk.
C.
Examination. At the discretion of the Town Clerk,
before issuance of a permit, 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.
D.
Issuance. No permit required by this chapter shall be issued until
responses by Criminal Justice Services and the Town's Department of
Public Safety, as applicable, have been received, all prescribed fees
have been paid and the application has been approved by the Town Clerk.
[Amended 1-14-2015 by L.L. No. 6-2015]
E.
Modification. Any change in circumstance with regard
to information required hereinabove shall be reported within thirty
(30) days of occurrence.
Permittees are responsible for ensuring that
they 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 permit application.
Current permit holders shall file proof that they are regularly attending
and/or have satisfactorily completed such courses.
These regulations are mandatory and are the
responsibility of permittees while in possession of a vehicle, and
the responsibility of licensees as to owners, vehicles, operators
and/or employees during all times and operations of the business.
A.
Compliance, generally. Permittees shall be in compliance
with all requirements of this chapter and all other applicable laws,
including but not limited to those concerning vehicles, traffic and
parking.
B.
Address changes. Permittees shall report to the Town
Clerk, within seven (7) days, any change of their residence.
C.
Conduct, customers. Permittees shall tow vehicles
of persons conducting themselves in an orderly manner after arriving
at the vehicle site, unless prohibited by other provisions of this
chapter.
D.
Conduct, operators. Permittees shall conduct themselves
in an orderly manner while operating a vehicle and operate any and
all vehicles in a safe manner.
E.
Rates. Permittees shall charge fees to all persons
having vehicles towed, except licensees and their agents, employees
or immediate family, and shall charge fees only as fixed on the Schedule
of Rates, but no fee if said schedule is not posted as prescribed
in this chapter.
F.
Forms. Permittees shall have in their possession at
all times while engaged in towing for hire all properly authorized
forms required by this chapter for towing and repair of vehicles.
G.
Written logs. Permittees shall maintain and constantly
update all written logs prescribed in this chapter.
These activities are unlawful and are the responsibility
of permittees while in possession of a vehicle, and the responsibility
of licensees as to owners, vehicles, operators and/or employees during
all times and operations of the business.
A.
Noncompliance, generally. Permittees 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. Permittees shall not use
loudspeakers, noisemaking and/or other attention-seeking devices in
the operation of a vehicle 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. Permittees, or
persons in their behalf, shall not broker or sell repair jobs for
vehicles they, or the business they work for, 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.
Delays. Permittees shall not delay more than the time
necessary to safely secure a vehicle for towing after arriving at
a vehicle site and before proceeding to convey the vehicle to its
destination, unless at a customer's requests or so directed by a law
enforcement official.
E.
Identification devices. Permittees shall not operate
a vehicle that does not have all identification devices posted 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.
Improper vehicle conditions. Permittees shall not
operate vehicles that are not clean, fit, of good appearance and in
a safe condition for towing of vehicles, including all repairs, alterations
and/or additions that shall be required.
G.
Invalid documents. Permittees shall not operate vehicles
while requisite Town or state licenses, certificates or permits 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]
H.
Overloading. Permittees shall not use a tow truck
for towing a vehicle of a greater weight than the Gross Vehicle Weight
Rating (GVWR) of the vehicle.
I.
Solicitation of towing for hire. Unless specifically
authorized to do so pursuant to a Town, county, state or federal emergency
road service contract:
[Amended 1-14-2015 by L.L. No. 6-2015]
(1)
Cruising. Permittees shall not cruise public streets,
roads and/or highways within the Town for the purpose of soliciting
towing for hire work.
(2)
Accident scenes. Permittees shall not appear at and/or
approach accident scenes on private property or public streets, roads
and/or highways within the Town for the purpose of soliciting towing
for hire work.
(3)
Police radio monitoring. Permittees shall not monitor,
directly or indirectly, the police radio of the Suffolk County Police
Department for the purpose of soliciting towing for hire work, unless
included on Police Response Rosters, and then for the purpose of providing
quick response to Police calls only.
J.
Unauthorized operators. Permittees shall not allow
any other person to use their permit or any towing for hire vehicle
in their possession.
