A.
Licenses and/or permits. Upon any circumstances set forth herein, the Town Clerk shall notify the applicant of the disapproval of their application, and no license and/or permit shall be issued.
(1)
Personal review. A determination by the Town Clerk that the applicant lacks the character, experience or responsibility to engage in towing for hire.
(2)
Business review. A determination by the Town Clerk that:
(a)
Business record. The applicant has an unacceptable business record based on a review of past complaints;
(b)
Services. The services that the applicant proposes to offer or has offered are inadequate; or
(c)
Identification devices. The applicant has more than three (3) convictions for failure to post all devices and placards prescribed by this chapter within five (5) years.
(3)
Legal review. A determination by the Town Clerk that:
(a)
Generally.
[1]
The applicant has any conviction for a felony, misdemeanor and/or Town Code violation which, in the judgment of the Town Clerk, renders the applicant unfit, undesirable or incapable of properly engaging in towing for hire; or if fraud, misrepresentations or false statements are contained in the application.
[2]
The applicant has an indictment or formal charges pending with or for any crime.
[3]
A preponderance of evidence exists that the applicant has violated any provision of this or any other chapter of the Code of the Town of Huntington, or any local law, ordinance, code, law, rule or regulation of the Town of Huntington, County of Suffolk, State of New York, United States of America, or any other government subdivision.
(b)
Controlled substances.
[1]
Applicant has engaged in any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
[2]
The applicant has engaged in any felony involving use of a vehicle within the last three (3) years; any crime involving operation of a vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs; or leaving the scene of an accident.
(c)
Minors. The applicant has engaged in any crime against or involving children.
B.
Certificate of operation. Upon any circumstances set forth herein, the Town Clerk shall notify the applicant of the disapproval of their application, and no certificate shall be issued.
(1)
Noncompliance. Vehicles which do not comply with the requirements of the United States of America, State of New York, County of Suffolk or Town of Huntington, including any of the following:
(a)
License. Lack of a valid business owner's license from the Town.
[Amended 1-14-2015 by L.L. No. 6-2015]
(b)
Appurtenances. Lack of equipment, markings and/or devices and placards prescribed by this chapter.
(c)
Maintenance. Lack of any repairs, alterations or additions as may be required by this chapter or any directive of the Town Clerk.
(d)
Written logs. Lack of a written log or the improper maintenance, updating or availability for inspection of said written log during the term of any previous certificate.
(e)
Accident reports. Lack of proper reporting of any accident during the term of any any previous certificate.
(f)
Complaints. A determination by the Town Clerk that the vehicle possesses an unacceptable business record based upon a review of the history of past complaints.
(g)
Identification devices. More than three (3) convictions for failure to post all devices and placards, against said vehicle, within five (5) years.
(2)
Inspection failure. Vehicles which do not comply with state and/or Town inspections as required hereinabove, including any of the following:
[Amended 1-14-2015 by L.L. No. 6-2015]
(a)
Condition. Unclean, unfit, of poor appearance or in an unsafe condition for the towing of vehicles.
(b)
Identification. Improper or incorrect vehicle identification, registration or license plate numbers.
(c)
Lights. Inoperative headlights, taillights, parking lights, stop or brake lights, directional signals or interior lights.
(d)
Suspension. Faulty suspension system as can be determined by a nonmechanic inspector.
(e)
Glass. Broken windows, windshield, rear view mirrors or side view mirrors.
(f)
Tires. Badly worn tires, the treads of which do not meet minimum New York State Vehicle and Traffic Law requirements.
(g)
Exhaust. Faulty exhaust system, evidenced by excessive noise, visible fumes or visible holes.
(h)
Fuel. Faulty fuel system, evidenced by visible leak or strong fuel smell.
(i)
Body. General neglect and/or disrepair of the chassis and/or body of the vehicle.
(j)
Miscellaneous. Inoperative windshield wipers or horn.
(3)
Criminal involvement. Vehicles for which there is evidence or information that it was used or involved in any of the criminal activities set forth herein.
(a)
Generally.
(b)
Felonies. Any felony.
(c)
Controlled substances.
[1]
Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
[2]
Operation of the vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(d)
Accidents. Leaving the scene of an accident.
(e)
Minors. Any crime against or involving children.
(f)
Peddling. Peddling of any goods or property from or near the vehicle.