It is the legislative intent of this article
to prevent potential abuses in the towing for hire industry, whereby
a motor vehicle which has been disabled within the jurisdiction of
the Town of Huntington might be towed or removed to a distant location,
at the expense of the owner, without their prior knowledge, consent
and/or authorization, or might be charged an exorbitant rate for emergency
towing services, in response to calls from the Suffolk County Police
Department.
A.
Documentation. It shall be unlawful for any person,
owner and/or operator to engage in response to Police calls for towing
within the Town of Huntington without first having secured all of
the following from the Town Clerk:
[Amended 1-14-2015 by L.L. No. 6-2015]
B.
Hours of operation. Licensees shall operate and maintain
twenty-four (24) hour service to respond to emergency calls to tow
vehicles.
[Amended 1-14-2015 by L.L. No. 6-2015]
C.
Current standards.
(1)
Training courses. Licensees and permittees are responsible
for taking such training courses as may be prescribed, from time to
time, by any applicable laws, specifically designed to educate and
familiarize them with Police response standards.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Equipment. Licensees are responsible for outfitting
all vehicles with such equipment as may be prescribed, from time to
time, by any applicable laws, for Police response purposes.
[Amended 1-14-2015 by L.L. No. 6-2015]
(3)
Proof of satisfaction. Evidence of satisfactory completion
of such courses and/or equipment outfitting shall be filed with license,
certificate or permit applications. Current licensees, certificate
holders and/or permittees shall file proof that they are regularly
attending and/or have satisfactorily completed such courses and/or
satisfactorily installed such equipment.
[Amended 12-4-2007 by L.L. No. 46-2007; 1-14-2015 by L.L. No.
6-2015]
The procedures set forth herein shall control
development, maintenance and use of the Police Response Rosters, and
shall be adhered to by all licensees and permittees.
A.
Development procedures.
(1)
Inclusion. All towing businesses that have been found duly qualified
for a Class B License by the Town shall be included on the proper
Roster, as set forth hereinbelow.
(2)
Compilation. The Huntington Precinct Commander, or their designee,
shall compile three (3) separate Police Response Rosters, with the
aid and assistance of the Town Clerk, as set forth hereinbelow.
(3)
Contents. Each Roster shall contain the name, address (location,
if for any reason different), telephone number and Town license number
and date of issuance of all towing businesses qualified for that Roster.
(4)
Placement. Licensees shall be placed on each Roster, which list shall
be all-inclusive.
[Amended 10-19-2022 by L.L. No. 26-2022]
B.
Maintenance procedures.
(1)
Supervision. Said Rosters are under the supervision
and control of the Precinct Commander, or their designee, who shall
be responsible for providing a current copy of each Roster to the
communications desk at the precinct at all times.
(3)
Removal from Roster. In compliance with the provisions
set forth in this chapter, the Precinct Commander may remove any licensee
from any Roster and recommend to the Town Clerk the suspension of
any license issued hereunder, pending a revocation hearing by the
Town Board or hearing officer, wherein a licensee and/or their operator
called for Roster response could not be reached, refused to respond,
was unavailable for response, delayed in responding or failed to act
properly in any manner on three (3) occasions.
C.
Use procedures.
(2)
Rotation of licensees.
(a)
One (1) turn per rotation. Each licensee shall
have only one (1) turn on the Roster, on a rotational basis, per licensed
Business regardless of the number of vehicles owned or operated by
said licensee or the number of business locations maintained, and
shall have its next turn after the Roster has had a full rotation.
(b)
Loss of turn.
[1]
In the event that the licensee fails to respond
to the aforesaid call within forty-five (45) minutes, they shall lose
this and their next turn on the list, and the next licensee on said
list shall be called.
[2]
In the event that the licensee cannot be reached,
refuses to take the call or is unable to respond to the call, the
next licensee on said list shall be called, and the original licensee
shall lose his turn on the list, unless he can submit satisfactory
proof to the Town Clerk within twenty-four (24) hours after such call
that he was already engaged in another bona fide towing assignment
or emergency at the time.
(3)
Police records.
(a)
Maintenance. The Precinct Commander, or their
designee, shall maintain records of all calls made to licensees with
reference to Roster calls in any manner the Precinct Commander determines
efficient to reveal the information set forth hereinbelow.
(b)
Contents.
[1]
General information. Said records shall include
the date, time and place of the accident or disablement event; the
name and address of the person, and description of the vehicle requiring
Roster response; and the name and address of the licensee and/or permittee
called from any Roster.
[2]
Misconduct. Said records shall indicate any
and all situations wherein a licensee and/or operator called could
not be reached, refused to respond, was unavailable for response,
was passed over for any reason, delayed in responding or failed to
act properly in any manner.
[3]
Selection statement. Said records shall also
include any statement exercising a right of selection by a motor vehicle
owner and/or operator, as set forth hereinbelow.
(c)
Availability. Said records shall be made available
to the proper officials of the Town at all times, including the Town
Clerk and the Director of Public Safety, or their designees.
[Amended 1-14-2015 by L.L. No. 6-2015]
The procedures set forth herein shall pertain
to tow and repair authorization during and subsequent to Police response
and shall be adhered to by all licensees and permittees.
A.
Tow authorizations.
(1)
Permittee authorization. No vehicle shall be towed or moved from
a Police response scene without prior written authorization of the
owner, operator and/or other person in charge of the vehicle, including
for the location to which the vehicle is to be towed or moved.
(2)
Police substitute authorizations. In the event that
the owner, operator and/or other person in charge of the vehicle is
incapacitated and/or absent from the scene, no such vehicle shall
be towed or moved from a Police response scene without prior authorization
of the police officer in charge at the scene. Said substitute authorization
shall imply nothing more than consent to remove the vehicle for public
safety purposes.
B.
Repair authorizations. In no event shall repairs commence
on a vehicle towed from a Police response scene unless prior authorization
has been obtained from the vehicle owner or their representative.
In the event of a dispute, the burden of proof of such authorization
is on the licensee.
[Amended 12-4-2007 by L.L. No. 46-2007; 1-14-2015 by L.L. No.
6-2015]
These regulations are mandatory and the responsibility
of licensees as to themselves, their vehicles, operators and/or employees
during all times and operations of the business for Police Response
Roster calls and of the permittee while in possession of a vehicle
for Police Response Roster calls.
A.
Compliance, generally. Licensees, vehicles and permittees responding
to Roster calls shall be in compliance with all requirements of this
chapter, including the requirement that all parties engaging in towing
for hire shall have a Town license and/or permit, as applicable, and
with all other applicable laws, including but not limited to those
concerning vehicles, traffic and parking.
B.
Rates. Licensees and permittees shall charge fees to all persons
having vehicles towed on Roster calls in compliance with all other
requirements of this chapter.
C.
Identification devices. Licensees and permittees shall display their
Police response authorization, as well as all other identification
devices prescribed by this chapter.
D.
Scene maintenance. Permittees shall clean up and remove any debris,
solid and/or liquid, resulting from the accident and/or disablement
event to which they are called, to the satisfaction of the police
officer, Fire Marshal, Spill Response Team representative or other
designated Town official at the scene, unless a fire district official
at the scene or Spill Response Team representative called to the scene
determines any substance to be hazardous, due to type or quantity.
Any hazardous substance shall be handled in accordance with the Town
of Huntington's Spill Response Policy protocols.
E.
Written logs. Licensees and/or permittees shall maintain and constantly
update all written logs prescribed in this chapter, specifically indicating
each call made in response to Roster calls.
[Amended 1-14-2015 by L.L. No. 6-2015]
These activities are unlawful and the responsibility,
of licensees as to themselves, their vehicles, operators and/or employees
during all times and operations of the business for Roster calls and
of the permittee while in possession of a vehicle for Roster calls.
A.
Noncompliance, generally. Licensees, vehicles and
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.
Police investigations. Licensees, vehicles and permittees
shall not tow or move any vehicle from a Police response scene where
a police officer requires, requests, directs or demands an investigation
at the scene, whether for an examination to determine if it was defective,
for the taking of photographs and/or drawing of diagrams of the scene,
or for any other Police purposes whatsoever.
C.
Assignment. It shall be unlawful for a licensee or
their agent to assign their place on any Roster to any other tow truck
business and/or operator, for any reason whatsoever.
D.
Solicitation of vehicular accident or disablement
response work.
(1)
Cruising. Licensees and/or permittees shall not cruise
public streets, roads and/or highways within the Town of Huntington
for the purpose of soliciting vehicular accident or disablement response
work, unless specifically authorized to do so pursuant to a Town,
county, state or federal emergency road service contract.
(2)
Accident and/or disablement scenes. Licensees and/or
permittees shall not appear at and/or approach the scene of any motor
vehicle accident or disablement on private property or on the public
streets, roads and/or highways within the Town, for the purpose of
soliciting accident or disablement response work, unless responding
to a Roster call or specifically authorized to do so pursuant to a
Town, county, state or federal emergency road service contract.
(3)
Police radio monitoring. Licensees and/or permittees
shall not monitor, neither directly nor indirectly, the police radio
of the Suffolk County Police Department or any other law enforcement
agency for the purpose of soliciting accident or disablement response
work, unless operating a vehicle included on the Roster and authorized
to respond to calls from said police department for removal of accident
or disabled vehicles from the public streets, roads and/or highways
of the Town or specifically authorized to do so pursuant to a Town,
county, state or federal emergency road service contract.
A.
Selection of licensee.
(1)
Right. Notwithstanding any other provision of this
chapter to the contrary, it shall be the right of any motor vehicle
owner and/or operator engaged in an accident or disablement event
to request that a licensee of their choosing be called to tow their
vehicle from the scene.
(2)
Authorization. In such an event, the police officer
at the scene shall have said owner and/or operator sign a statement
to that effect, including the name, address and telephone number of
the licensee selected. The Police officer shall witness the signing
of said statement and shall have it included with the Police records
set forth hereinabove.
[Amended 1-14-2015 by L.L. No. 6-2015]
B.
Point of delivery.
(1)
Right. Notwithstanding any other provision of this
chapter to the contrary, it shall be the right of any motor vehicle
owner and/or operator engaged in an accident or disablement event
to request that a licensee called to the scene deliver their vehicle
to any location of their choosing within the Town of Huntington or
within a reasonable distance from the borders of the Town.
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Fees. In such an event, no additional fee shall be
imposed therefor if the location is within the jurisdiction of Town
of Huntington.
[Amended 1-14-2015 by L.L. No. 6-2015]
The Town may create a Police Response Oversight
Committee to be supplied with a current copy of the Police Response
Rosters and a report from the Precinct Commander of any and all problems
and/or concerns arising out of specific or general responses to Police
calls, to ensure efficiency of operation and compliance with all regulations
set forth in this chapter, and said committee shall be composed of
the following public officials, without additional compensation:
