[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 3-2-1967 (Ch. 41A of the 1964 Code). Amendments noted where applicable.]
Vehicles and traffic — See Ch. 237.
[Amended 10-6-2016 by L.L. No. 9-2016]
Except as provided in § 230-10 hereof, it shall be unlawful for any person, persons, firm or corporation to operate a towing car for hire within the limits of the Incorporated Village of Westbury unless a permit therefor has been issued by the Board of Trustees, signed by the Village Clerk, as hereinafter provided. A permit is required for each towing car for hire operated within the Village.
No such permit shall be issued unless an application therefor shall have been filed with the Village Clerk upon a form prescribed therefor by the Board of Trustees, which shall include:
[Amended 12-2-1999 by L.L. No. 3-1999; 10-6-2016 by L.L. No. 9-2016]
Every permit issued pursuant to this chapter shall expire on the 31st of December following the issuance thereof. The fees for towing car permits shall be as set from time to time by resolution of the Village Board of Trustees, and may be prorated by half if such permit is issued less than six months prior to the expiration thereof.
[Amended 1-5-1978 by L.L. No. 1-1978; 12-2-1999 by L.L. No. 3-1999]
The applicant for such permit shall file with the Board of Trustees a schedule of the maximum prices to be charged for towing and storage of disabled motor vehicles. Such charges shall be based on the distance that each disabled motor vehicle is to be towed and shall not be based on the availability of towing-car facilities. No towing-car owner or operator or other person employed by the owner shall base any charges upon estimation. Said charges shall not exceed $25 for the first three miles or part thereof and $1.75 for each additional mile or part thereof. The charges set forth may be amended from time to time by resolution of the Board of Trustees.
It shall be unlawful for any person to tow away any motor vehicle which has been involved in an accident without the prior consent of the owner or the police officer at the scene of the accident, and no car shall be removed from the scene of an accident where the police officer requires or requests that an examination be held for the purpose of finding out whether the car is defective.
It shall be unlawful for any person to drive along any street or highway in the Incorporated Village of Westbury for the purpose of soliciting towing work.
On each side of every towing car for which a permit has been granted there shall be legibly inscribed, in letters not less than three inches high, the name and address of the owner of such towing car or of the person having the permit therefor and the permit number assigned to such towing car by the Commissioner of Police and Public Safety.
The Commissioner of Police and Public Safety is hereby empowered to promulgate and prescribe rules and regulations for the proper administration and enforcement of this chapter.
The Commissioner of Police and Public Safety shall have power to suspend any permit issued pursuant to this chapter for the violation of any rules thereof or of any rules and regulations promulgated by him or for the failure of the owner or operator of any towing car to render services to the owner or driver of a disabled vehicle who is able and willing to pay the fee prescribed in the schedule of prices filed by the licensee of such towing car as hereinbefore prescribed.
The provisions of this chapter shall not apply to cases where without solicitation the owner of a damaged car shall have specifically requested that the same be towed by an unlicensed tow car.
[Amended 6-6-1985 by L.L. No. 4-1985]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of an offense against the chapter and be subject to the payment of a fine not exceeding $250. Each succeeding violation shall be construed to be a new violation.
This chapter shall be known as and cited as the "Towing Car Ordinance" of the Village of Westbury.