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.
[1] 
Any violation of any provision of this or any other chapter of the Town Code or any local law, ordinance, code, law, rule or regulation of the County of Suffolk, State of New York or United States of America.
[2] 
Involvement with any indictment or formal charges with or for any crime or offense.
(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.
[Amended 1-13-2004 by L.L. No. 1-2004]
A. 
Procedures. Any license, certificate or permit issued under this chapter shall be suspended by the Town Clerk, as prescribed hereinbelow and may be revoked, after a hearing, upon a determination that the holder thereof is undesirable or incapable of properly conducting towing for hire or that the vehicle is undesirable or incapable of properly towing vehicles. Failure to comply with the provisions of this chapter shall be sufficient cause for the suspension and revocation of such licenses, certificates or permits.
B. 
Regulations. Pending a revocation hearing, the Town Clerk shall suspend any license, certificate or permit and set the time and place for a revocation hearing, as prescribed in this chapter, under the circumstances set forth herein.
(1) 
Noncompliance. Any violation of the provisions of this chapter, or any reason for which the original application could have been disapproved, as set forth hereinabove.
(2) 
Criminality. Conviction of any crime or misdemeanor which, in the judgment of the Town Board, renders the holder or vehicle unfit or undesirable.
(3) 
Deception. Fraud, misrepresentation or false statements contained in the application for license or made in the course of conducting towing for hire.
(4) 
Improper conduct. Conducting towing for hire in an unlawful manner or in such a way as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(5) 
Improper postings. More than three (3) convictions for failure to post all identification devices and placards, as prescribed by this chapter, within five (5) years.
C. 
Administrative Hearing Officer. The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial, suspension or revocation of the license. The hearing officer shall submit his/her written findings and recommendations to the Town Board.
[Amended 1-14-2015 by L.L. No. 6-2015]
A. 
Notices. All notices shall be mailed postage prepaid certified mail, return receipt requested, to the applicant and/or license, certificate or permit holder at the last address filed by same with the Town Clerk. In the event of suspension, which shall be followed by a revocation hearing, notice shall be mailed, as prescribed herein, at least five (5) days prior to the date set for the hearing.
B. 
Disapprovals. Notice of disapproval shall be given in writing, setting forth the grounds therefore and the right to an appeal hearing before the Town Board or a duly appointed hearing officer as set forth in § 183-48C, An application to the Town Board for appeal of a disapproval shall be filed with the Town Clerk and accompanied by the proper fee.
[Amended 1-13-2004 by L.L. No. 1-2004]
C. 
Suspensions. Notice of suspension shall be given in writing, shall take effect immediately upon issuance and shall set forth the grounds therefore with notice of hearing for revocation as set forth hereinbelow.
D. 
Revocations. Notice of hearing for revocation shall be included in a notice of suspension, as prescribed hereinabove, and shall be given in writing, setting forth the grounds therefor and the time and place of such revocation hearing before the Town Board or a duly appointed hearing officer as set forth in § 183-48C. The Town Clerk shall also require payment of the proper fee prior to the hearing.
[Amended 1-13-2004 by L.L. No. 1-2004]
E. 
Hearings. Whenever the Town Clerk makes a determination to deny an application or suspend a license, certificate or permit pursuant to § 183-48, an opportunity to appear before the Town Board or a duly appointed hearing officer shall be scheduled in accordance with this chapter. The hearings shall be held as follows:
[Amended 1-13-2004 by L. L. No. 1-2004]
(1) 
All hearings contemplated under this chapter shall be administered by the Town Board or a duly appointed hearing officer.
(2) 
All hearings shall be recorded.
(3) 
Where the Town Board administers the public hearings a determination based on the facts and evidence presented must be made declaring:
(a) 
Reversal. The Town Board may reverse the suspension and reinstate said license, certificate or permit. The Town Board may reverse the denial of the tow truck permit application and allow said application to proceed pursuant to the provisions of this chapter; or
(b) 
Affirmation. The Town Board may affirm the suspension of the tow truck license, certificate or permit. The Town Board may affirm the denial of the tow truck permit application.
(4) 
The hearing officer must file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and render its decision as in § 183-49E(3) herein.
(5) 
The hearing officer shall send his/her written findings and recommendations to the applicant by regular or certified mail no later than thirty (30) days from the close of the hearing. The applicant may file written exceptions to the findings and recommendations of the hearing officer. The written exceptions shall be filed with the Town Board at least five (5) days prior to a scheduled Town Board meeting.
F. 
Decisions. The decision of the Town Board is final and, shall be mailed to the applicant and filed with the Town Clerk.
[Amended 1-13-2004 by L.L. No. 1-2004]
G. 
Reapplications. A person whose license, certificate or permit has been revoked shall not be permitted to reapply for a period of at least one (1) year from the date of the revocation.
(A) 
Waivers of disapproval or suspension. A certificate of operation which has been disapproved or suspended due to use of said vehicle in the commission of a crime, as prescribed in this chapter, may be approved or reinstated with the fling of a request for a waiver from the Town Clerk, after a determination by the Town Clerk, with advice of the appropriate police department that said vehicle's involvement in the crime was not the liability of the business and/or vehicle owner.
(B) 
Certificate of relief from civil disabilities. Anyone convicted of a crime described hereinabove who has received a certificate of relief from civil disabilities regarding said conviction, issued by a court of competent jurisdiction, will not be subject to disapproval, suspension or revocation based on said conviction, after a review and determination by the Town Clerk that the crime would not endanger the health, safety and welfare of the residents of the Town of Huntington.
The Town Clerk shall keep a record of all applications, disapprovals, suspensions, revocations and complaints regarding licenses, certificates and permits, together with any reports in respect thereto, and shall forward such information, in writing, to the Suffolk County Police Department, which is to be updated on a weekly basis.