[HISTORY: Adopted by the City Council of the City of Jamestown 6-14-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 175.
A. 
The Chief of Police shall appoint persons, firms or corporations meeting the criteria set forth in this chapter and engaged in the business of offering the services of motor vehicle towing or wrecker service, whereby damaged, abandoned, hazardous, disabled or illegally parked motor vehicles are towed or otherwise moved from the place where they are damaged, abandoned, hazardous, disabled or illegally parked, by use of a tow vehicle as defined in this chapter. Such persons, firms or corporations shall be known as "official towers."
B. 
Official towers shall be identified by means of a license that shall be used in accordance with the provisions of this chapter.
C. 
All applicants for a tower's license shall submit their applications at least 60 days prior to the commencement date for each one-year license period, and such application shall be reviewed in accordance with the procedures set forth in this chapter. The award of a license to an applicant shall be subject to compliance with the licensing requirements of this chapter.
D. 
For the purposes of the licenses awarded pursuant to this chapter, in the year which it is adopted, the initial term of the license shall be from the date the license is issued until December 31, 1999. Licenses issued thereafter shall be for a one-year period commencing on January 1 of the year in which it is issued and terminating on December 31 in the year in which it was issued.
A. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair service to motor vehicles damaged or disabled within the limits of the City of Jamestown when requested to do so by the Chief of Police or his authorized designee.
B. 
No official tower shall subcontract any towing to be performed pursuant to this chapter without having first obtained prior written approval from the Chief of Police. Any official tower to whom approval to subcontract work has been given shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of the provisions of this chapter by the subcontractor. Under no circumstances shall an official tower subcontract any towing without the subcontractor having first obtained the liability insurance required by this chapter.
[Amended 10-16-2000; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Applications for inclusion on the official towers' list shall be made to the City Clerk/Treasurer upon a form prepared by the Chief of Police and approved by the Corporation Counsel and shall contain the following information:
A. 
The name, date of birth, residence and business address and business telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 25% of the issued stock. The name, date of birth and residence of any operator of the towing vehicle or vehicles.
B. 
Such information as may be required by the Chief of Police concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, demonstrating that the applicant meets the minimum standards of performance required by this chapter.
C. 
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.
D. 
The names and addresses of two business references who have known the applicant for at least two years.
E. 
Certification that the applicant will be able to provide towing services anywhere within the City of Jamestown with a maximum response time of 20 minutes following requests for service, except when extraordinary circumstances beyond the control of the applicant occur.
F. 
Certification that the applicant will be available for service on business premises 24 hours a day and that the applicant will abide by the fees contained in or referred to in this section.
A. 
Upon approval of the application as herein provided and payment of the required fees, the City Clerk/Treasurer shall issue the applicant an official towers' license for each tow vehicle or flatbed vehicle to be used in providing services pursuant to this section. The licenses, which shall be in a form approved by the Chief of Police, shall be displayed on the tow vehicle or flatbed vehicle at all times.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
The licenses shall be valid for a one-year period as set forth in this chapter, shall be nontransferable and shall be subject to revocation by the Chief of Police for any of the following reasons:
(1) 
In the event that it is subsequently determined that the applicant knowingly and with the intent to deceive made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(2) 
Any violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
(3) 
Any violation of any rule or regulation promulgated by the New York State Vehicle and Traffic Law.
(4) 
Unsatisfactory service provided pursuant to this chapter.
(5) 
Failure to pay the annual license fee.
C. 
The annual license fee for each license issued pursuant to this chapter shall be $250 plus $50 for each additional vehicle above one which is covered by the license issued.
[Amended 11-23-2009; 8-26-2013]
D. 
Licenses shall not be transferable from one vehicle to another without the consent of the Chief of Police or his designee. Consent may be granted at the sole discretion of the Chief of Police or his designee if the licensee demonstrates that a vehicle for which a license has been obtained is out of service, has been sold or has otherwise been disposed of and that the transferee vehicle complies with all of the requirements of this chapter.
E. 
No application for an official tower's license shall be approved by the Chief of Police where it is determined that the applicant for such license or any operator of the towing vehicle or vehicles has been convicted of a sex offense as such is defined by § 130.00 of the Penal Law or has been convicted within the 10 years immediately preceding the date of application for an official tower's license of a felony or where the applicant for an official tower's license or any operator of the towing vehicle or vehicles has been convicted within the five years immediately preceding the date of application for an official tower's license of a violation of § 1192, Subdivision 2, 3 or 4, of the Vehicle and Traffic Law of the State of New York.
[Added 10-16-2000]
Qualifications for inclusion on the list of official towers shall require that applicants for the license required herein meet the following minimum performance standards:
A. 
Minimum vehicle requirements.
(1) 
Every official tower shall maintain and have available to render services required by this chapter a minimum of one regular tow vehicle or wrecker.
(2) 
Vehicle classes.
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel-lift assembly and possess at least 100 feet of either three-eighths-inch or seven-sixteenths-inch cable attached to a motor driven winch.
(b) 
Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles.
(3) 
All equipment shall comply with all applicable state and federal regulations as such pertain to the vehicles utilized by the applicant for the business of providing towing or wrecker services.
(4) 
Each applicant shall submit, with his, her or its application, proof of ownership or lease of the vehicles which will be used to provide the services pursuant to this chapter.
B. 
Minimum equipment requirements.
(1) 
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a) 
At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicle, visible from 360º when in use and visible at a minimum distance of 500 feet during daylight hours.
(b) 
One snatch block per winch.
(c) 
Amber colored safety tow lights or magnetic tow lights for towing vehicles at night.
(d) 
Extra chains for pulling or securing a towed vehicle.
(e) 
At least one heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar illuminated warning devices for placement at the scene of an accident or behind a disabled vehicle and 10 pounds of dry sand or a drying compound for gasoline and oils spilled onto the roadway.
(2) 
Every tow vehicle or flatbed vehicle shall comply with all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Chief of Police or his designee at any time. No changes may be made to said vehicles or equipment unless prior written approval is obtained from the City of Jamestown.
(3) 
Every tow vehicle or flatbed vehicle shall display an official tower's license and shall have the name of the official tower displayed on the vehicle.
C. 
Minimum storage requirements.
(1) 
Every official tower shall maintain inside or outside storage areas meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of four passenger vehicles.
(b) 
The location of the storage area shall be within the limits of the City of Jamestown or at such location outside the City of Jamestown as to facilitate reasonable towing distance.
(c) 
The storage area shall be in an area legally zoned for such use.
(d) 
The storage facility shall be made available 24 hours per day, 365 days per year for vehicle recovery by the owner thereof upon payment of towing charges, storage fees and other charges constituting a garagemen's lien.
(e) 
The official tower shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(2) 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter and shall be liable for any damage incurred by such vehicles while being prepared for towing or removal, while in transit or while stored in storage areas. By acceptance of a license and designation as an official tower, the tower agrees to all terms and provisions of this chapter, acknowledges comprehension of the terms and provisions of this chapter and assumes sole liability for any and all damages incurred by motor vehicles in the course of being prepared for towing or removal or being towed or stored by the official tower, and the official tower, accordingly, shall indemnify and hold harmless the City of Jamestown, its employees, officers and agents from any and all property damage liability resulting from the official towers' removal, towing or storage of a motor vehicle, including, but not limited to, the costs of reasonable attorneys' fees and other such expenses.
A. 
Official towers shall be placed on the official towers' list at the beginning of each one-year period in accordance with the procedures set forth in this chapter. The official tower shall rotate on the list per call.
B. 
The City of Jamestown shall request wrecking, towing and storage services from each official tower in rotation from a list maintained by the Chief of Police or his authorized designee. When called, the official tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or, if in the discretion of the designated person making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event.
C. 
All requests for towing service on property owned by the City of Jamestown shall be made by the Chief of Police or his official designee.
[Amended 1-30-2017]
D. 
The City of Jamestown shall request service only from official towers, provided, however, that if no emergency or road hazard exists, the City shall request such service from such other person as the owner of the motor vehicle in need of such services may so request, and provided, further, that if none of the official towers is available or able to provide such services as are requested by the City of Jamestown, or if an emergency exists, the City may request such services from any other available source.
E. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, the official tower shall give priority to requests from the City of Jamestown over any other requests which may be received by the official towers.
F. 
The City of Jamestown shall bear no liability or responsibility whatsoever to any official tower occasioned by the City of Jamestown's failure to call an official tower for a City of Jamestown requested tow-away.
G. 
The towing of vehicles from private property will be the responsibility of the owner of the property. No vehicle shall be towed by a tow operator from private property without express written authorization by the owner of the private property or the person in control of the private property, or his or her agent. The towing company which tows a vehicle from private property shall, within 30 minutes of the vehicle’s arrival at a facility for storage, notify the Jamestown Police Department, identifying the storage facility, the location of the storage facility, the time the vehicle was towed, the location from which the vehicle was towed, the make, model, color and license plate number of the vehicle towed, the name of the person who authorized the towing and the fact that the towing was pursuant to a contract/written authorization with the owner/operator/agent of the private property. The person who tows the vehicle and the person authorizing the tow shall maintain a copy of the written authorization provided for in this subsection for a period of not less than one year. Owners/operators/agents of private property shall utilize the list of official towers and may contract with one or more of the City’s official towing companies for the removal of unauthorized vehicles.
[Added 1-30-2017]
A. 
The City of Jamestown shall have no liability or responsibility for the payment of towing fees or storage fees incurred by an official tow operator in providing towing and storage services requested by the Chief of Police or his designee. Such charges shall be the sole and exclusive responsibility of the owner of the vehicle who is the subject of the service.
B. 
Each official tower shall maintain a detailed schedule of towing charges and storage charges which, prior to becoming effective, shall be approved by the Public Safety Committee of the Jamestown City Council, and such approval noted by the signature of the chairman thereof. No tow operator or such operator's subcontractor shall charge a towing rate or storage fee in excess of the rate last approved, and any charge or collection in excess of the towing rate charged by a tow operator or subcontractor of a tow operator shall be sufficient grounds for revocation of the license issued pursuant to this chapter. Such charges for removal or towing or storage shall apply only to tows or removals authorized by the Chief of Police or his designee or other public official and shall not have application to tow or removal requests from private individuals, firms or corporations.
A. 
In the event that a complaint is received by the City of Jamestown involving the improper or unsatisfactory performance of services by an official tower, excessive charges or damage to a motor vehicle while in the custody of a tower, written notice of the same shall be provided by the Chief of Police by certified mail to the official tower involved. The tower shall have an opportunity to respond, in writing, within five business days of the official tower's receipt of said written notice.
B. 
Within 14 business days of receipt of the tower's written response or within 21 days of the tower's receipt of the written notice, if no response is received, the matter shall be determined by the Chief of Police.
C. 
If, after considering the matter, the Chief of Police shall determine that one of the causes for revocation of the official tower's license, as set forth in this chapter, exists, the license shall be revoked and the tower shall surrender the same, together with licenses issued for all of the tower's vehicles, to the City Clerk/Treasurer within 24 hours of the Chief of Police's determination and notification to the official tower, either personally or by certified mail.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
As used in this chapter, the following terms shall have the meanings indicated:
TOW TRUCK, WRECKER or FLATBED TRUCK
A commercial motor vehicle capable of removing from a location any damaged, disabled, hazardous or illegally parked motor vehicle by means of pulling, carrying or towing such motor vehicle to another location.