[HISTORY: Adopted by the Town Board of the Town of Ossining 3-12-2002
by L.L. No. 5-2002. Amendments noted where applicable.]
The intent of this procedure is to provide for the prompt and safe removal
of vehicles in order to prevent continued traffic hazards or secondary accidents
as a result of such vehicles being on, or at the shoulder of, public roadways.
This chapter shall not supersede any specific orders issued by police agencies
addressing specific situations (such as vehicles impounded for criminal investigative
purposes).
There shall hereby be established a primary towing service list and
a secondary towing service list. The primary list shall contain the names
and phone numbers of towing services with businesses established within the
Town of Ossining (including the Village of Ossining and that portion of the
Village of Briarcliff Manor which lies within the Town of Ossining) so as
to be able to respond from within the Town and which additionally meet all
requirements set forth below. The secondary list shall be made up of all towing
services which do not have a place of business within the Town of Ossining
but which meet all of the requirements set forth below.
Due to the need for prompt removal of vehicles when a police request
is made for a towing service, all such police requests shall be responded
to by the appropriate police dispatcher's use of the primary list. Only
if businesses on the primary list cannot meet the requirements of the dispatch
request (i.e., lack of availability of sufficient vehicles, inability to meet
reasonable response time, etc.) shall the dispatchers then utilize the secondary
list. The order of names on both primary and secondary towing services lists
shall be rotated on a weekly basis.
The additional requirements for placement on the primary and secondary
lists shall be as follows:
A.
The towing service must have a minimum insurance liability
policy of $1,000,000 protecting their activities while operating with the
Town of Ossining. The Town of Ossining shall be named as an additional insured,
and the policy shall specify that the coverage therein is primary. A copy
of said certificate of insurance shall be approved by the Town Attorney and
filed with the Town Clerk and with the Police Department of the Town of Ossining.
B.
The towing service must supply the Police Department
of the Town of Ossining with a list of all equipment at its disposal, including
truck weights, capacities, length of cable, vehicle make, year and registration
numbers.
C.
The towing service must supply the Police Department
of the Town of Ossining with a photostatic copy of the driver's license
of each employee who operates its equipment.
D.
The towing service must provide a twenty-four-hour service,
accept all calls given to it by appropriate police agencies for accidents
and incidents within the Town of Ossining (staffing permitting) and maintain
a response time of 20 minutes or less.
E.
The towing service shall not tow vehicles outside the
Town of Ossining unless directed to by the owner or the appropriate police
agencies.
F.
The towing service shall be required to remove all debris
related to the incident to which it is called.
G.
The towing service shall execute an agreement with the
Town of Ossining providing the rates to be charged and methods of payment,
among other things. Failure to adhere to the terms of said agreement shall
constitute grounds for termination of the agreement by the Town of Ossining
and removal of the towing service from any list on which it may appear.
Violation of requirements for the primary or secondary lists may result
in the suspension of the towing service from the towing list following a police
and/or Town Board investigation. Continued or severe violations may result
in a permanent ban of a particular towing service from the primary or secondary
towing lists. Any suspension or revocation may be appealed by filing a written
notice of appeal with the Town Board of the Town of Ossining within 10 days
from the date of notice of suspension and/or revocation. Determination of
appeals shall be made by the Town Board of the Town of Ossining or its designee
within 30 days of receipt of the appeal.
Each towing firm on the primary or secondary lists must supply the owner/operator
of a vehicle who is at the scene with a card containing its business name,
address, phone number, hours of operation and a summary of the expected charges.
Nothing within this chapter shall prevent a vehicle owner from choosing
to call a towing service that is not on the Town of Ossining towing list;
provided, however, that should that towing service be unable to respond in
what the police officer at the scene feels is a reasonable period of time,
and the police officer at the scene has safety concerns regarding the vehicle's
location, the officer may supersede the desires of the owner and call a towing
service based upon the lists.
All towing services desiring to be on the primary or secondary lists
must provide the Police Department of the Town of Ossining with proof of all
the requirements set forth herein in advance of the effective date of this
chapter. Following the establishment of the initial primary and secondary
towing lists, the Town of Ossining will update the lists, based upon any new
applications, on a quarterly basis.
