[Amended 1-14-2015 by L.L. No. 6-2015]
All parties holding licenses, certificates or
permits issued pursuant to the provisions of this chapter, as well
as their agents and employees, will promptly answer all requests for
information, documentation or any other requests made by the Suffolk
County Police Department, the Town Clerk, the Department of Public
Safety or any other proper federal, state, county or Town official.
It is unlawful for any person to transfer or
assign any license, certificate or permit, or the identification device
therefor, issued under the provisions of this chapter, to any other
person or from one (1) vehicle to another.
A.
Terms. All business licenses and vehicle certificates issued hereunder
shall have a term of not more than one (1) year, and all operator
permits issued hereunder shall have a term of not more than one (1)
year, unless any shall be sooner suspended and/or revoked, pursuant
to the provisions of this chapter.
[Amended 1-14-2015 by L.L. No. 6-2015]
B.
Expirations. All business licenses, vehicle certificates and operators
permits issued hereunder shall expire at 12:00 midnight on the first
day of October next following the date of issuance, regardless of
the date of issuance thereof.
[Amended 1-14-2015 by L.L. No. 6-2015]
C.
Renewals. Applications for renewal of all licenses,
certificates and permits shall be made no earlier than thirty (30)
days prior to the expiration date thereof. An application for renewal
of any license, certificate or permit made more than thirty (30) days
after the expiration date thereof shall be subject to an additional
penalty fee, as set forth herein.
A.
Business owner's license.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue to the business owner one (1) or more of the following
licenses, as may be appropriate, bearing the title indicated hereinbelow:
[Amended 1-14-2015 by L.L. No. 6-2015]
(2)
Posting. Licensees are responsible for maintaining
said license conspicuously posted and securely fastened at their terminals
in a clear and readable manner at all times.
(3)
Contents. The license shall set forth the following
information:
(a)
Name and business address of the owner of the
business so licensed.
(b)
Signature and seal of the Town Clerk imprinted
thereon.
(c)
Statement certifying that the person and/or
business to whom such permit is issued is authorized to operate that
business for the purpose of towing vehicles for hire.
(d)
Dates of issuance and expiration of such license
and the number thereof.
B.
Vehicle's certificate of operation.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue for each vehicle one (1) of the following certificates,
as may be appropriate, bearing the title indicated hereinbelow:
(2)
Posting. Licensees, at all times, and permittees,
while in possession of a vehicle, are responsible for maintaining
said certificate conspicuously posted and securely fastened in the
interior of said vehicle in a clear and readable manner. Permittees
are further responsible for showing the reverse side of said certificate,
containing the Schedule of Rates as filed with the Town Clerk, to
anyone asking to see said schedule or questioning any charges to be
imposed.
(3)
Contents. The certificate shall set forth the following
information:
(a)
Name and business address of the owner of the
vehicle and the business which is certified to use said vehicle for
the purpose of towing vehicles for hire.
(b)
Name and business address of the certificate
of operation holder, if different.
(c)
Signature and seal of the Town Clerk imprinted
thereon.
(d)
Statement certifying that the vehicle to which
such certificate is issued is authorized to be used for the purpose
of towing vehicles for hire by said business.
(e)
Statement certifying that the business to which
such certificate is issued is authorized to engage in the business
of towing vehicles.
(f)
Dates of issuance and expiration of such certificate,
and the numbers thereof.
(g)
Make, type, seating capacity, name of owner,
New York State Vehicle Registration number, vehicle identification
number, license plate number and fleet number, if applicable, of said
vehicle.
(h)
Schedule of fares, on the reverse side, as set
forth hereinunder.
C.
Vehicle decal.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue for each vehicle a decal in a color indicating and
distinguishing the term of its validity.
(2)
Posting. Licensees, at all times, and permittees,
while in possession of a vehicle, are responsible for maintaining
said decal conspicuously posted and securely fastened on said vehicle,
in a location determined by the Town Clerk, in a clear and readable
manner.
(3)
Contents. The decal shall set forth such information
as deemed proper and necessary by the Town Clerk, in order to demonstrate
its source of issuance and current validity quickly and easily to
all enforcement officials.
D.
Vehicle operator's permit.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue to the vehicle operator a permit bearing the title:
"Operator Permit: Towing For Hire."
(2)
Availability. Permittees are responsible for maintaining
and carrying said permit on them at all times while engaged in towing
for hire.
(3)
Contents. The permit shall set forth the following
information:
(a)
Name of the permit holder.
(b)
A photograph of the permit holder.
(c)
Signature and seal of the Town Clerk imprinted
thereon.
(d)
Statement certifying that the operator to which
such permit is issued is authorized to operate a tow truck for the
purpose of towing vehicles for hire.
(e)
Dates of issuance and expiration of such permit
and the number thereof.
A.
Filing. Licensees shall file with the Town Clerk a
copy of the current, valid Schedule of Rates to be charged for the
towing of vehicles, which shall be placed on the reverse side of all
vehicle certificates of said licensee.
B.
Posting. Licensees, at all times, and permittees,
while in possession of a vehicle, are responsible for maintaining
said schedule posted in the manner set forth hereinabove, related
to vehicle certificates. Licensees are further responsible for maintaining
said schedule conspicuously posted and securely fastened at their
terminals in a clear and readable manner at all times.
D.
Restrictions. No fee shall be charged in excess of
the rates fixed on the Schedule of Rates, unless the cause for any
such additional fee is explained to the person requesting the tow
and set forth in writing on a receipt, and no fee shall be charged
whatsoever if said schedule is not posted as prescribed herein.
A.
Issuance. Upon approval of an application for a certificate
of operation, the Town Clerk shall issue a placard for each vehicle
bearing the title: "Customer Regulations, Rights and Complaints."
B.
Posting. Licensees are responsible for maintaining
said placard conspicuously posted and securely fastened at their terminal,
in a clear and readable manner, at all times.
C.
Contents. The placard shall set forth the activities
by customers that are prohibited, their rights and where to file complaints,
as prescribed by this chapter.
A.
Dispatch logs. Licensees are responsible for maintenance
and immediate update of a written log at all times, recording all
engagements of all vehicles used in said business, the time and place
each customer engaged each vehicle, the time and place each customer
terminated the engagement of each vehicle and the fees charged for
each engagement.
B.
Trip logs. Licensees, at all times, and permittees,
while in possession of a vehicle, are responsible for maintenance
and immediate update of a written log for each vehicle used in said
business, recording all trips for and by said vehicle, all engagements
of said vehicle, the time and place each customer engaged said vehicle,
the time and place each customer terminated the engagement of said
vehicle and the fees charged for each engagement.
C.
Inspections. Such records shall be kept for six (6)
years from the date of the transactions and shall be available for
inspection by the Town, upon request, at all times during said period.
[Amended 1-14-2015 by L.L. No. 6-2015]
A.
Public properties. Licensees or permittees involved
in towing for hire shall not have exclusive rights to any location
on any street, road or highway, or on any public property, unless
so prescribed by a contract or franchise agreement with the public
entity having jurisdiction over said property.
B.
State highways. Licensees or permittees involved in
towing for hire shall not occupy any part of a state highway for the
purpose of soliciting customers, unless so prescribed by a contract
or franchise agreement with the State of New York or any duly authorized
department, agency or political subdivision of the state.
A.
Business owners.
(1)
Filing. Licensees shall, prior to issuance of their
license and/or certificate of operation, file with the Town Clerk
proof of insurance for the business and each vehicle used therein,
in the form of memoranda, covering the period of the term of said
license.
(2)
Contents. The memoranda shall set forth the following
information:
(a)
Insurance Requirements:
[Amended 12-4-2007 by L.L. No. 46-2007]
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Proof of insurance covering the licensee and
each vehicle as follows:
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General Liability insurance in the amount of
One Million ($1,000,000) Dollars per person per accident, for personal
injury and property damage.
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Automobile Liability insurance in the amount
of One Million ($1,000,000) Dollars per person per accident, for personal
injury and property damage.
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(b)
Garage keeper’s liability. Proof of insurance
covering the licensee against garage keeper’s legal liability
in the minimum amount of One Hundred Twenty Thousand ($120,000) Dollars,
per incident, per facility, with no aggregate and no sub-limit per
vehicle, for property damage to vehicles being towed by or in the
care, custody and control of the licensee.
[Amended 12-4-2007 by L.L. No. 46-2007]
(c)
Notice of cancellation. Assurance that said
insurance company shall provide the Town of Huntington with thirty
(30) days' prior written notice of cancellation of any policy.
(d)
Agent information. Name, local address and telephone
number of the agent of the licensee's insurance company, which company
must be duly recognized by the New York State Insurance Department
and licensed to do business within the State of New York.
(3)
Cancellation. If said insurance is suspended or cancelled
for any reason whatsoever, the business license and all certificates
of operation for each vehicle shall be suspended until such time as
a reinstatement of said policy or memorandum of an acceptable, current
and valid policy is on file with the Town Clerk.
B.
Vehicle operators. Permittees, while in possession
of a vehicle, are responsible for having a valid, current insurance
card for said vehicle, issued to the licensee and/or vehicle owner,
with them at all times.
A.
Disapproval, suspension or revocation. Holders of
licenses, certificates and/or permits, issued pursuant to this chapter,
shall surrender same to the Town Clerk immediately upon demand after
the disapproval, suspension or revocation thereof.
B.
Sales. Holders of licenses and/or certificates, issued
pursuant to this chapter, shall surrender same to the Town Clerk immediately
upon, and in no case later than seven (7) days from, the sale or other
disposition of a business, nor twenty-four (24) hours from the sale
or other disposition of any vehicle.
C.
State actions. Holders of licenses, certificates and/or
permits, issued pursuant to this chapter, shall surrender same to
the Town Clerk immediately upon, and in no case later than seven (7)
days from, suspension or revocation by the State of New York of any
relevant license, permit or registration.
