[Amended 1-14-2015 by L.L. No. 6-2015]
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 parked on private property within the
jurisdiction of the Town of Huntington without authorization of the
property owner might be towed or removed to another location over
the public streets, roads and highways of the Town, at the expense
of the vehicle owner or operator, without their prior knowledge, consent
and/or authorization, or that such vehicle owner or operator might
be charged an exorbitant rate for such towing or removal or redemption
of their vehicle.
[Amended 1-14-2015 by L.L. No. 6-2015]
No motor vehicle which is parked on private
property within the jurisdiction of the Town, without the authorization
of the property owner, shall be towed or removed therefrom unless
by a licensee and all of the conditions set forth in this article
have been previously complied with.
[Amended 1-14-2015 by L.L. No. 6-2015]
A.
Filing. A licensee or his/her/its agent shall, not
less than annually, file with the Town Clerk and the Huntington Precinct
Commander of the Suffolk County Police Department a copy of any written
agreement made by him/her/it with a private property owner authorizing
the licensee to remove any unauthorized motor vehicles parked on the
private property owner's premises.
B.
Content. Said written agreement shall set forth the
following:
(1)
The entire agreement between the parties thereto.
(2)
Explicit authorization to tow or remove said vehicles.
(3)
The rate to be charged the owners and/or operators
of said vehicles.
(4)
The business location, within the Town of Huntington,
where said vehicles will be towed or removed to and stored, and where
they may be redeemed.
(5)
Acknowledgement of twenty-four (24) hour on-premises
availability at said business location for redemption of any vehicles
so towed.
(6)
Copies of all licenses, certificates and permits issued
by the Town for operation of said Class B towing business, its vehicles
and operators.
A.
Requirement. The property owner shall first post signs
in requisite locations, containing specific information, as set forth
hereinbelow, and shall maintain said signs in a clear and readable
manner at all times.
B.
Contents. The above-required signs shall be in lettering
in the sizes, colors and order indicated below, on a white background,
and shall indicate the following information:
(1)
The words, "WARNING - TOW AWAY ZONE," in red capital
letters at least four (4) inches high and underlined.
(2)
The words, "Parking for (name of property owner or
tenant) Only," in black letters at least two (2) inches high.
(3)
The words, "Unauthorized Vehicles Will Be Towed At
Owners Expense," in red letters at least two (2) inches high.
(4)
The amount to be charged, in red letters at least
two (2) inches high.
(5)
The name of the towing business that is authorized
to remove vehicles and the location where the vehicle can be redeemed,
indicating that it can be redeemed twenty-four (24) hours per day,
in black letters at least two (2) inches high.
C.
Locations. The above-required signs shall be posted
in the following locations:
(1)
In parking lots, at all entrances and exits thereto,
facing outward toward entering traffic, and at the center of the front
line of every row of parking spaces, facing toward the parking spaces.
(2)
In parking areas, at the center of the front line
of the parking space, if only one (1) space, or at the center of the
front line of the first and last parking space in each or any row
of said spaces, with arrows pointing toward the other sign, all facing
toward the parking space or spaces.
[Amended 1-14-2015 by L.L. No. 6-2015]
Each instance of the towing of an unauthorized
vehicle from private property shall occur only after a specific, written
request from, and under the specific direction of, the property owner
or their authorized agent to the towing business authorized to do
so pursuant to the filed written agreement.
For each instance of towing under this Article VI, the towing business shall make the vehicle available for release twenty-four (24) hours per day, seven days per week without exception.
[Amended 1-14-2015 by L.L. No. 6-2015]
Each instance of the towing of an unauthorized
vehicle from private property shall occur only after specific notice
of such towing or removal of each unauthorized vehicle is made to
the Police's Huntington Precinct by the licensee, indicating the location
from and to which the vehicle is being towed and whereat it can be
redeemed.
The maximum rates for each instance of towing
of an unauthorized vehicle from private property shall be limited
to those rates set forth in this chapter for regular towing, subject
to review and approval of the Town Director of Public Safety or their
designee.
