[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.]
GENERAL REFERENCES
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.
