As used in this article, the following words
shall have the following meanings:
BAILEE
A person to whom goods are committed in trust and who has
a temporary possession and a qualified property right in them.
CHIEF OF POLICE
The Chief of Police of the Albany Police Department or his
authorized designee.
FOR HIRE
Any transaction where a fee is charged or imposed for towing
a motor vehicle.
LICENSEE
A person to whom a towing license has been issued pursuant
to this article.
OPERATOR
The driver of a tow truck for hire within the City of Albany.
OWNER
A person who owns, leases or has control of one or more tow
trucks operating for hire within the City of Albany.
PERSON
An individual, partnership, corporation, unincorporated association
or any other entity.
RESPONSE TIME
The period of time from when a call is received by the towing
company from the Police Department to the time a tow truck appears
at the location to which it was called.
TOWING
The moving of a motor vehicle by another motor vehicle for
hire.
TOWING COMPANY
A person engaged in the business of offering towing services
whereby motor vehicles are moved by use of a motor vehicle designed
or adapted for that purpose.
TOWING LICENSE
A license issued pursuant to this article permitting a person
to tow motor vehicles for hire within the City of Albany.
TOW TRUCK
A motor vehicle which is equipped or used for the purpose
of carrying, lifting or moving a motor vehicle.
[Amended 7-8-1999 by Ord. No. 7.42.99]
Except as hereinafter set forth, no person shall
maintain or operate a towing company or routinely operate a towing
vehicle for hire within the City of Albany without first having obtained
a towing license.
[Amended 5-1-1995 by Ord. No. 14.42.95; 5-19-2008 by Ord. No. 25.42.08]
The fee for a towing license shall be $75 per
year or any fraction thereof for each tow truck owned or operated
by the towing company. Payment of the fee shall be due upon application
for the license and shall be nonrefundable.
A towing company license shall expire on December
31 of every year.
A licensee shall submit to the Chief of Police
an application for renewal not less than 30 days prior to the license
expiration date.
No license shall be transferred to another person
or vehicle.
[Amended 1-4-2007 by Ord. No. 69.111.06]
All privately owned parking lots having a capacity
of five or more motor vehicles from which unauthorized motor vehicles
will be towed shall post a sign at the entrance to said lot or in
a conspicuous location indicating that unauthorized vehicles will
be towed. Where applicable, said signs must be posted at intervals
of every 30 parking spaces. If the owner/operator of such lot(s) contracts
with a towing company or companies for the removal of such vehicles,
the signage shall also contain the name, location and telephone number
of such towing company(ies), the costs of towing and the telephone
number of the Albany Police Department Traffic Safety Division. All
sign lettering shall be at least two inches in height. Each towing
company shall provide the City with a copy of the service agreement
entered into between each privately owned parking lot and said towing
company. The Police Department shall be advised by the towing company
of any tow from a private lot before said towing. Before said towing
occurs, the towing company shall provide the Police Department with
the reason for the tow and the party authorizing said tow.
Response time to all police-ordered assignments
must be 20 minutes or less. The Chief of Police, in his discretion,
may delete a towing company from the assignment list for failure to
respond to a call within this time period.
A towing company called to the scene of an accident
must sweep away or clean up any debris on the street caused by the
accident, but only if he is provided with police protection against
moving vehicles at the scene. No additional charge or fee shall be
imposed or collected for such service.
A licensed towing company that tows and stores
a motor vehicle at the request of a law enforcement officer authorized
to remove a motor vehicle shall be entitled to a lien for the reasonable
costs of such towing and storage as provided in § 184 of
the Lien Law of the State of New York.
[Amended 7-8-1999 by Ord. No. 7.42.99]
A. The provisions of this chapter shall not apply to:
(1) The towing of a vehicle through the City of Albany
from a location outside the City to another location outside of the
City of Albany.
(2) A towing company, personally requested by the owner
or operator of a motor vehicle, to tow such person's vehicle.
(3) A towing service which is incidental to the repair
or servicing of a motor vehicle if the repairs are to be made at such
repair shop having the towing service.
The Chief of Police may promulgate rules and
regulations necessary to carry out the provisions of this article.
Any person in violation of any of the provisions of this article shall be subject to the penalties prescribed by Chapter
258, Penalties, of the Code of the City of Albany.
The failure to enforce any of the provisions
of this article shall not be deemed a waiver thereof.
If any section, subsection, sentence, clause,
phrase or portion of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holdings shall not affect the validity of the remaining portions
hereof.
This article shall take effect immediately upon
final passage and signature into law.