[Amended 2-3-1986; 12-21-1987; 9-21-1992]
As used in this article, the following words
shall have the following meanings:
A person to whom goods are committed in trust and who has
a temporary possession and a qualified property right in them.
The Chief of Police of the Albany Police Department or his
authorized designee.
Any transaction where a fee is charged or imposed for towing
a motor vehicle.
A person to whom a towing license has been issued pursuant
to this article.
The driver of a tow truck for hire within the City of Albany.
A person who owns, leases or has control of one or more tow
trucks operating for hire within the City of Albany.
An individual, partnership, corporation, unincorporated association
or any other entity.
The Police Department of the City of Albany.
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.
The moving of a motor vehicle by another motor vehicle for
hire.
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.
A license issued pursuant to this article permitting a person
to tow motor vehicles for hire within the City of Albany.
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.
A.
An application for a towing license shall be submitted
to the Chief of Police.
(1)
The application shall contain the following:
(a)
The name and address of the owner and operator
of the towing company, as well as the name and address of the owner
of the premises where the towing company is to be located and of the
premises where towed vehicles are to be stored. If a partnership,
corporation or other business association is involved, the names and
address of the partners, officers or principals shall be listed on
the application. All addresses of persons involved shall be home addresses,
listing street and number.
(b)
The address of the towing company and of the
location where towed vehicles are to be stored and the telephone number
which may be called to retrieve towed vehicles.
(c)
The hours during which the applicant will be
open for towing and for retrieval of towed vehicles.
(d)
A complete listing of the vehicle make, year
and license plate number of all tow trucks to be used or operated
by the applicant.
(e)
A complete listing of all towing and storage
fees to be charged by the applicant.
(2)
The Chief of Police may require such additional information
as may be necessary in order to enforce and administer this article.
B.
All towing company premises, including the location
of the towing company and the location where towed vehicles are to
be stored, shall be in compliance with all local zoning, building,
fire and safety codes.
C.
Upon receipt of an application for a towing company
license, the Chief of Police shall investigate the location of the
towing company and of the premises where towed vehicles are to be
stored, to determine whether public safety problems exist. The Chief
of Police shall also make such investigation as he deems appropriate
as to the background of the owner and the operator of the towing company.
[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.
The Chief of Police may deny a license or deny the
renewal of a license to any applicant:
(1)
Who does not comply with the provisions of this article
or any rule or regulation promulgated under this article.
(2)
Who makes a material misrepresentation on a license
application.
(3)
When the Chief of Police, after investigation of the
applicant, deems the owner or operator unfit to conduct such towing
business.
B.
The Chief of Police shall give written notification
to an applicant of the reason for the denial of a license.
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.
A.
A towing license may be suspended or revoked by the
Chief of Police if the licensee violates any federal, state or local
law, ordinance, rule or regulation regarding the operation of his
towing business or his fitness to conduct that business.
B.
No license shall be suspended or revoked by the Chief
of Police without a hearing held not less than 10 days after written
notice given to the licensee, either in person or by registered mail,
addressed to the licensee at the address shown upon the most recent
application of the licensee.
A.
In accordance with § 20, Subdivision 30,
of the General City Law of the State of New York, the City shall have
a lien for the towing of all impounded vehicles. A charge against
the owner or person entitled to possession of such vehicle of $50
per vehicle for towing may hereby be imposed.
B.
The City may contract with one or more licensed towing
companies to collect such towing charges and dispose of such vehicles
at public sale.
[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.
All towing companies licensed pursuant to this article
shall prepare a schedule of the charges for the towing and storage
of motor vehicles, and such schedule shall be filed with the Chief
of Police. Notwithstanding the foregoing, the maximum charge for the
towing of any vehicle not in excess of 10,000 pounds, which has not
been authorized by the owner or operator, shall be $100. An additional
flat fee of $25 for the dollying of a vehicle may be imposed. An additional
charge of $55 per hour for winching may be imposed. The maximum charge
for the storage of towed motor vehicles shall be $35 per day, or each
part thereof, to commence after the vehicle has been on the premises
for 24 hours. The aforesaid maximum rates shall also apply to the
towing of motor vehicles which have become disabled upon a street
or highway in the City of Albany regardless of whether said tow may
have been authorized by the owner or operator of the vehicle.
[Amended 12-17-2001 by Ord. No. 5.12.01; 1-4-2007 by Ord. No. 69.111.06; 8-6-2007 by Ord. No. 53.51.07]
B.
Such schedule shall be conspicuously posted at the
towing company's storage area and the business office where the payment
is made. Such posting shall consist of signs with lettering at least
two inches in height and shall specify the costs of towing and storage.
C.
All licensed towing companies shall, upon revision
of its schedule, submit the amended schedules to the Chief of Police
within one business day of the effective date.
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.
A.
It shall be unlawful for any person to solicit towing
or body work at the scene of any motor vehicle accident, either on
private property or on a public highway, within the City of Albany.
It shall also be unlawful for any person to drive along any public
street or highway for the purpose of soliciting towing work or body
repair work.
B.
The owner shall be liable for the conduct of his agents
and employees who are operating a tow truck pursuant to this article
as though the owner was personally operating such tow truck.
C.
All storage areas shall be reasonably illuminated
and fenced to facilitate vehicle retrieval. However, towing companies
engaged solely in owner-authorized tows shall be exempt from this
requirement.
D.
It shall be unlawful for any owner or operator to
refuse a request to tow a disabled motor vehicle to a destination
within 10 miles of the location of the disabled vehicle if the owner
or person in charge of said motor vehicle is able and willing to pay
the appropriate charges.
E.
Except for tows authorized by the Police Department,
it shall be unlawful for a towing company operator to tow a vehicle
if the owner or operator of the vehicle appears at the scene, requests
the towing company operator not to tow the vehicle and is willing
and able to correct the condition warranting the tow. The towing company
operator shall not tow the vehicle even if the vehicle is connected
to the tow truck, provided that the tow truck is not yet in motion.
Except as indicated below, the tow truck operator shall not be permitted
to charge any fee to the vehicle owner or operator even if the tow
truck operator has connected the vehicle to the tow truck, unless
the owner or operator is the one who requested the towing services.
However, if a towing company responds to a call between the hours
of 6:00 p.m. and 7:00 a.m. and the vehicle owner or operator appears
at the scene and requests the towing company not to tow the vehicle
as aforesaid, the towing company shall be prohibited from towing the
vehicle but shall be authorized to charge the vehicle owner or operator
a maximum of $20.
F.
The owner and operator of a towing company shall comply
with all provisions of federal, state and local laws and ordinances
relating to the conduct of the towing business and the use and maintenance
of the towing company premises.
G.
The owner and operator of a towing company shall comply
with all the notices, orders, decisions and rules and regulations
made by the Chief of Police and local officials with jurisdiction
over the occupation and use of towing company premises.
H.
The owner and operator of a licensed towing company
shall cause the towing license to be posted in a conspicuous place
on the premises of the towing company and shall also cause a copy
of said license to be available for inspection in each towing vehicle
used by the company.
I.
All towing companies shall maintain all licenses and
insurance required by the New York State Vehicle and Traffic Law,
and all equipment utilized shall comply with said law and all applicable
rules and regulations of the Commissioner of Motor Vehicles. The equipment
shall be in good operating condition, and all towing company personnel
shall be properly trained and fully competent to perform their functions
and shall perform those functions in a courteous and orderly manner.
J.
All towing vehicles used by a towing company shall
have legible printed lettering and numbering on both the left and
right front doors, in color contrasting to that of the towing vehicle,
setting forth the name, business address and telephone number of the
towing company.
K.
No towed vehicle shall be stored on a public street.
L.
No towing company licensed pursuant to this article
shall be permitted to charge a fee for the towing or storage of motor
vehicles in excess of that amount indicated herein.
M.
A towing company shall deliver a receipt to a vehicle
owner or operator paying to retrieve a towed vehicle. Such receipt
shall contain the following information:
(1)
The name, business address, telephone number and license
number of the towing company.
(2)
The date the vehicle was towed and the date of the
retrieval by the vehicle owner.
(3)
The license plate and vehicle make of the vehicle
towed.
(4)
The starting and ending location of the tow.
(5)
An itemization of all fees charged, including towing,
storage and any other charges.
(6)
The telephone number of the Police Department-Traffic
Safety Division.
(7)
The identity of the person or party authorizing and/or
requesting the tow.
[Added 1-4-2007 by Ord. No. 69.111.06]
(8)
The stated purpose for the tow.
[Added 1-4-2007 by Ord. No. 69.111.06]
N.
A towing company shall be responsible for all damage
done to a vehicle while it is under the control of the towing company.
O.
A towing company shall maintain accurate records concerning all vehicles towed, which shall contain at least the information required in Subsection M above. Such records shall be retained for at least one year after a towed vehicle has been retrieved. These records shall be available for inspection by the Chief of Police, or his designee, at all times.
[Amended 1-4-2007 by Ord. No. 69.111.06]
P.
It shall be unlawful for any towing company or any
auto repair shop to whom a towing company delivers a motor vehicle
involved in an accident or which is otherwise disabled to make repairs
without obtaining the consent of the owner or other person in charge
of the disabled vehicle.
Q.
It shall be unlawful for any towing company to enter
into an agreement for the repair or for the estimate of repair, where
the owner or person in charge of the motor vehicle involved in an
accident is to be hospitalized because of such accident, until the
expiration of at least 24 hours from the time of such accident, unless
the injured person has, before the expiration of said time, been discharged
from the hospital.
R.
A towing company called to tow a motor vehicle by
a person other than the owner or operator of the motor vehicle or
Police Department shall promptly notify the Police Department of the
identity of the vehicle and the location to which it has been towed.
S.
All towing companies shall post a list of various
automatic teller machines if personal checks or credit cards are not
accepted for payment.
T.
All towing companies doing business in the City of
Albany must have an employee on premises, or on call, 24 hours a day.
If on call, a telephone number at which said employee can be reached
must be prominently displayed at the towing company's place of business.
However, towing companies engaged solely in owner-authorized tows
shall be exempt from this requirement.
[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.
