[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
A.
Findings. It is hereby declared and found that delay
in removal of damaged and disabled motor vehicles results in congestion
of traffic and causes accidents; that, therefore, it is of vital importance
to remove damaged and disabled vehicles from the roads as promptly
as possible; that motorists whose vehicles have become damaged and/or
disabled are frequently concerned with more pressing problems than
the removal of their vehicles or, through absence or injury, are unable
to do so; that in the past, when towing services have been selected
from a rotating list maintained by the Suffolk County Police Department
at the behest of the Town, motor vehicles damaged as a result of accidents
have been towed to places where they could not be located or, when
located, could not be repaired, thus causing the owner loss of time,
confusion and additional expense either in the form of further towing
charges or premiums paid to the shop which ultimately repairs the
vehicle; that unfair competition has occurred among tow truck operators;
and that, in the past, members of the motoring public have been the
victims of fraud, overcharges and similar abuses in connection with
towing services.
B.
Declaration of purpose. It is, therefore, the purpose
and intent of this chapter to establish an orderly system for the
safe and expeditious removal of damaged and/or disabled motor vehicles
from the roads of the Town of Brookhaven; to supervise and control
the operation of towing businesses within the Town; to ensure that,
when towing services are selected from a rotating list maintained
at the behest of the Town, motor vehicles damaged and disabled as
the result of accidents are towed to convenient and certain locations
where they may be safely and securely stored and where they will not
create an eyesore and where they may be lawfully repaired; and to
protect the public from frauds, overcharges and similar abuses.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
Unless otherwise expressly provided, the following
words, for the purposes of this chapter, shall have the meanings herein
indicated:
Any incident or occurrence in which one or more motor vehicles
come in contact with each other or another object, thereby causing
damage to a motor vehicle.
A person who is applying for a towing business license and/or
medallion.
A motor vehicle repair shop as defined in and holding a license
as required by the State Motor Vehicle Repair Shop Registration Act
(Vehicle and Traffic Law § 398 et seq. or any amendment
thereto) and which meets existing Code requirements of the Town of
Brookhaven. For the purposes of placement on the accident or nonaccident
towing roster, a "body shop" must contain a fenced-in area meeting
the requirements of a depot as provided herein.
An area where vehicles may be stored legally pursuant to all of the local laws and requirements of the Code of the Town of Brookhaven, including but not limited to zoning, and which is owned or leased by the licensee. A depot shall be an accessory use to a motor vehicle repair shop, as defined in Chapter 66 of the Code of the Town of Brookhaven. A depot must be located on the same site as the motor vehicle repair shop. A depot must be paved and provide drainage. A depot must be fenced with a six-foot-high perimeter fence and screened from view. Screening shall comprise landscaping, consisting of at least a single row of evergreen plantings at least seven feet high and five feet on center or the required six-foot-high perimeter fence, shall have no opening, mesh, hole or gap, larger than two inches measured horizontally and vertically, such as a solid-surface fence or chain-link fence equipped with privacy slats, permahedge or other similar product. Nothing herein shall be construed to prevent the use of both landscaping and fencing for depot screening. To qualify for use in connection with a towing business licensed pursuant to the provisions of Chapter 66 of the Code of the Town of Brookhaven, a depot shall be so constructed as to contain an additional area of not less than 2,025 square feet. Any depot legally existing prior to the effective date of this revision may be maintained as a nonconforming use in conformance with the provisions of Chapter 85 of the Code of the Town of Brookhaven. Any depot may be located entirely inside a building, provided that the building has the appropriate certificate of occupancy for such storage and is in compliance with the Fire Code.[1]
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 4-2-1996 by L.L. No. 13-1996, effective 4-17-1996; 4-6-1999 by L.L. No. 4-1999,
effective 4-12-1999; 10-19-2004 by L.L. No. 34-2004, effective 10-22-2004; 2-25-2021 by L.L. No. 3-2021, effective 3-8-2021]
Removing or conveying on dolly wheels.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
Any person driving a tow truck upon the roads of the Town.[2]
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, including any case where
any person makes repairs on a towed vehicle for a consideration and
no charge is expressly imposed for the towing of such vehicle.
Any place where mechanical repairs of motor vehicles are
regularly conducted, including gas service stations, and which meets
existing Code requirements of the Town of Brookhaven. For the purposes
of placement on the accident or nonaccident towing roster, a garage
must contain a fenced-in area meeting the requirements of a depot
as provided herein.[3]
A certificate issued by the Commissioner of Public Safety
or his designee to conduct a towing business.
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
A person who is the holder of a valid license.
The identification plate (number or sticker bearing such
number) assigned to a particular tow truck.
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
Any two-wheeled automotive vehicle having one or two saddles
and sometimes a sidecar with a third supporting seat.
Any two-, three- or four-wheeled automotive vehicle, including
automobiles and motorcycles.
A motor vehicle repair shop as defined in and holding a license
as required by the State Motor Vehicle Repair Shop Registration Act
(Vehicle and Traffic Law § 398 et seq. or any amendment
thereto) which meets existing Code requirements of the Town of Brookhaven.
A motor vehicle repair shop shall include for the purposes of this
section, any body shop, drive-in station, garage, or public garage
operated by any person, corporation or association for the purpose
of inspecting such motor vehicles for the purposes of diagnosing,
inspecting, evaluating, estimating, appraising the extent or value,
or cost of, or necessity of motor vehicle repairs, including bodies,
fenders or any component parts thereof. For the purposes of placement
on the accident or nonaccident towing roster, a motor vehicle repair
shop must contain a fenced-in area meeting the requirements of a depot
as provided herein.
[Added 4-2-1996 by L.L. No. 13-1996,
effective 4-17-1996]
Includes the control and direction of the use of a vehicle
and the use of a vehicle for towing from places within the Town.
Includes an individual, a partnership, any unincorporated
association, a corporation or any other entity.
A tower who has no depot, public garage and/or body shop
and is not on any roster but is merely a tower from point to point.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
A person owning or leasing or controlling one or more tow
trucks and driving or operating or causing any such vehicle to be
operated upon the public highways for hire.
The carrying, lifting or moving of a single motor vehicle
by another motor vehicle.
The operation of one or more tow trucks.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
The unincorporated area of the Town of Brookhaven, outside
the incorporated villages located within the Town of Brookhaven, whether
on private property or on the roads of the Town of Brookhaven.
A motor vehicle which is designed or equipped for carrying,
lifting or moving another motor vehicle designated as follows:
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
LIGHT DUTYA tow truck capable of righting and towing a motor vehicle with a gross vehicle weight under 10,000 pounds.
MEDIUM DUTYA tow truck capable of righting and towing a motor vehicle with a gross vehicle weight between 10,001 and 26,000 pounds with a minimum sixteen-ton boom capacity.
HEAVY DUTYA tow truck capable of righting and towing a motor vehicle with a gross vehicle weight over 26,000 pounds with a minimum twenty-five-ton boom capacity.
To hoist, haul or push by a winch not connected with a boom
or not connected to the operation of towing upon a flatbed.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
[2]
Editor's Note: The definition of "extra-heavy-duty
tow truck," added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990,
which immediately followed this definition, was repealed 6-20-2006
by L.L. No. 12-2006, effective 6-26-2006. See now the definition of
"tow truck" below.
[3]
Editor's Note: The definition of "heavy-duty
tow truck," which immediately followed this definition, was repealed
6-20-2006 by L.L. No. 12-2006, effective 6-26-2006. See now the definition
of "tow truck" below.
A.
No person shall conduct a towing business in the Town
without first having secured a license from the Commissioner of Public
Safety or his designee, hereinafter referred to as the “Commissioner.”
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
B.
A person shall be deemed to be conducting a towing
business within the Town and shall be required to obtain a license
hereunder when he operates one or more tow trucks for hire and either
has a depot, garage or body shop within the Town or regularly advertises
or solicits towing business, responds to calls or otherwise provides
towing services within the Town.
C.
All towing businesses responding to accident calls
within the Town of Brookhaven must have a valid medallion issued by
the Town of Brookhaven. A violation of this section shall be punishable,
after conviction, with a fine of not less than $500 nor more than
$1,000.
[Added 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006[1]]
[1]
Editor’s Note: This local law also redesignated
former Subsections C and D as D and E, respectively.
D.
[2]Nothing herein shall be construed to require a license
for a tow truck to traverse the Town, with or without a motor vehicle
in tow, or to require a license for towers whose principal place of
business is located outside the Town of Brookhaven and who do not
regularly solicit or do business in the Town of Brookhaven.
[Amended 3-7-1989 by L.L. No. 7-1989,
effective 3-13-1989; 5-2-1989 by L.L. No. 16-1989, effective 5-8-1989; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
[2]
Editor’s Note: Former Subsection D,
which dealt with a special license for towing a vehicle owned by the
owner of the tow truck, was repealed 4-2-1996 by L.L. No. 13-1996,
effective 4-17-1996. This local law also renumbered former Subsection
E as Subsection D.
E.
Any person or other legal entity within the following
classes of towers shall be exempt from the provisions of this chapter.
[Added 3-7-1989 by L.L. No. 7-1989,
effective 3-13-1989; amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 4-2-1996 by L.L. No. 13-1996, effective 4-17-1996]
(1)
ICC-licensed transporters.
(2)
New York State Department of Motor Vehicles scrap
pool license holders.
(3)
Town of Brookhaven or State of New York licensed vehicle
dismantlers, Town of Brookhaven licensed scrap processors, State of
New York licensed itinerant vehicle collectors, State of New York
licensed junkyard processors and vehicles owned by the Town of Brookhaven
when engaged in the performance of their activities as dismantlers,
scrap processors, itinerant vehicle collectors and junkyards and on
Town business, but not when towing for hire.
A.
A licensee must obtain a medallion for each tow truck
operated in the Town.
B.
Each medallion must be installed and maintained in
such manner as shall be designated by the Commissioner.[1]
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
[1]
Editor's Note: Former Subsection C, which
immediately followed this subsection and described the medallion issued
in connection with the special license, was repealed 3-20-1990 by
L.L. No. 12-1990, effective 3-26-1990.
[Amended 12-15-1987 by L.L. No. 35-1987; 3-1-1988 by L.L. No. 2-1998; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 8-3-2004 by L.L. No. 15-2004, effective 8-6-2004; 7-19-2005 by L.L. No. 17-2005, effective 7-27-2005]
No license or medallion shall be issued unless
an application is completed and filed with the Commissioner, on a
form prescribed by the Commissioner, requiring:
A.
The name and address of the applicant, specifying,
in the case of a partnership or unincorporated association, each partner
or member thereof and, in the case of a corporation, the name and
address of each officer, director and stockholder, except that if
the corporation is listed on the stock exchange, the names and addresses
of the stockholders owning 5% or more of the common stock issued.
The applicant must be the owner of the vehicle, and, if a corporation,
the applicant must be an officer of said corporation.
B.
The date of birth of the applicant or each partner,
member, officer, director or stockholder, where applicable.
C.
Identification. Applicants shall also file the items
set forth herein with said application, unless specifically waived
by the Commissioner upon a showing of facts, which, in the discretion
of the Commissioner, warrant the waiving of said requirements.
(1)
Fingerprints.
(a)
Upon receipt of a sworn application for a permit,
a copy thereof and a fingerprint card taken in duplicate shall be
referred to the Commissioner of the Department of Public Safety or
his designee for appropriate fingerprinting of said applicant, and
a copy of such completed fingerprint card shall thereafter be forwarded
by the same to the New York State Division of Criminal Justice Services
for a full search.
(b)
The application shall be accompanied by an appropriate
fee, the amount and payment instrument to be determined by the Commissioner
of Public Safety or his designee, pursuant to the requirements of,
and payable to, the New York State Division of Criminal Justice Services,
which amount shall be in addition to the processing fees stated herein,
for such investigation of the applicant as is deemed necessary or
advisable for the protection of the public good and welfare.
(c)
The New York State Division of Criminal Justice Services
shall return such criminal history record information as may exist
in its files or a statement that no such relevant information exists,
such record to be filed with the Commissioner of Public Safety or
his designee.
(d)
Upon its return by the New York State Division of
Criminal Justice Services to the Commissioner of Public Safety or
his designee, if the application is approved by the Commissioner or
his designee and upon payment of the prescribed license fee, the Commissioner
shall prepare and deliver to the applicant therefor the permit required
by this chapter.
(e)
New fingerprints for each renewal period may be waived
by the Commissioner of Public Safety or his designee, unless the license
issued under the provisions of this chapter has lapsed for a period
of time in excess of one year.
D.
Photographs.
(1)
Two identical photographs of the applicant shall be
submitted, taken no longer than 60 days prior to submission of the
application; and
(2)
Said photographs shall be up to but not to exceed
two inches by two inches in size, showing both the head and shoulders
of the applicant.
(3)
Digital photos may be taken at the time of application
by the Department of Public Safety.
E.
Examinations. At the discretion of the Commissioner
of Public Safety or his designee, before the issuance of a permit,
the Commissioner or his designee may require the applicant, and any
others having knowledge of any facts, to submit to an examination,
under oath, and to produce evidence relating thereto.
F.
With respect to each tow truck to be operated in the
Town by the applicant for which a medallion is requested:
(1)
The vehicle identification number.
(2)
The license plate number.
(3)
The make, model and year.
(4)
(Reserved)
(5)
The name and address of the owner.
(6)
Whether each tow truck is equipped as required herein.
(7)
Whether each tow truck is a medium-duty wrecker or
heavy-duty wrecker.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
G.
The address of any and all depots, garages or body
shops, whether located inside or outside the Town, that will be used
by the applicant in connection with his towing businesses and which
tow trucks will be stationed at each location.
H.
Each depot requires a dedicated tow truck with only
a single depot location inscribed on the side of said truck. A tow
truck stationed at one depot may not simultaneously be listed or utilized
at another depot.
[Added 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006[1]]
[1]
Editor’s Note: This local law also redesignated
former Subsections H through N as I through O, respectively.
I.
The name and address of the depot, body shop or garage in the Town to which the applicant will tow motor vehicles damaged or disabled when picked up as the result of a call from the accident roster, heavy-duty roster or non-accident roster, in the absence of a designation to the contrary, in accordance with § 66-19, by the owner or person in charge of the motor vehicle. The designated depot, body shop or garage shall be the location listed by the applicant, inspected by the Department of Public Safety, and designated on the tow truck pursuant to § 66-8H.
[Amended 6-20-2006 by L.L. No. 12-2006; effective 6-26-2006]
J.
Whether the applicant wants to be placed on the non-accident
roster, the light-duty roster, the medium-duty roster and/or the heavy-duty
roster.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
K.
A statement whether the applicant or, if the applicant is a partnership, an unincorporated association or a corporation, any partner, member, officer, director or stockholder (as defined in Subsection A above):
(1)
Has, within the last five years, ever been convicted
of a crime and, if so, the date, crime, charge and sentence imposed.
(2)
Has ever been denied a license for a tow truck or
towing business or a license issued to the applicant has ever been
suspended or revoked and, if so, the date, the location and the circumstances
thereof.
L.
A list of all valid licenses held by the applicant
which authorize him to conduct a towing business and/or a body shop.
M.
At least one but no more than two telephone numbers
(one daytime between 7:00 a.m. and 6:00 p.m. and one nighttime, weekends
and holidays) where the applicant or his agent or employees can be
located at all times.
N.
The applicant is required to provide the Commissioner
with a list of licensed drivers who will be operating the applicant's
Town truck(s).
O.
The applicant is required to provide the Commissioner
with a statement in the form of a sworn affidavit, on a form supplied
by the Commissioner, indicating that the driver holds a valid New
York State driver's license and whether the driver has any convictions
for felonies or misdemeanors and, if so, by what court, when, where,
upon what charges and the sentence of the court.
A.
Upon receipt of a properly completed application and the fees as set forth herein, the Commissioner shall notify the Commissioner of the Department of Planning, Environment and Land Management and the Town Attorney. Thereupon, the Commissioner shall cause an inspection to be made of the tow truck (with the exception that tow trucks on the heavy-duty roster will be inspected by the Suffolk County Highway Patrol or the New York State Department of Transportation) and the depot, public garage or body shop for compliance with § 66-8 herein and all applicable fire regulations and codes. The Commissioner of Planning, Environment and Land Management shall cause an inspection to be made of the site and premises for compliance with all applicable local laws and zoning local laws. The Town Attorney shall cause a review to be made for any existing violations. Upon completion of said reviews and inspections, reports shall be forwarded to the Commissioner. The Department of Public Safety or its designee shall act as the lead agency for purposes of coordinating review of said application. In the event that the depot or public garage or body shop is located within an incorporated village within the Town of Brookhaven, the applicant shall permit his tow truck and site to be inspected for compliance with § 66-8 herein and shall submit a letter or other form of proof satisfactory to the Town Attorney that the depot or public garage or body shop complies with the applicable local laws of the village where located. The application shall be in such form as shall be required by the Commissioner.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 8-3-2004 by L.L. No. 15-2004, effective 8-6-2004; 9-7-2004 by L.L. No. 22-2004,
effective 11-1-2004; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
B.
Upon such notification, the Commissioner shall issue
a license or renewal thereof for a towing business unless, upon investigation:
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
(1)
The Commissioner determines that the applicant is
an undesirable person or incapable of properly conducting a towing
business in the Town.
(2)
The Commissioner determines that an applicant who
has been convicted of a misdemeanor or felony is unfit or undesirable
to carry on a towing business in the Town.
(3)
The applicant’s depot, garage or body shop used
in connection with his towing business is in violation of the zoning,
building or fire laws, local laws or regulations in the municipality
in which it is located.
(4)
The Commissioner finds that the applicant has made
a materially false statement or misrepresentation in his application.
C.
If a license is denied, the applicant may appeal the
determination of the Commissioner to the Town Hearing Examiner. The
Town Hearing Examiner shall issue a determination after a hearing,
and the applicant may appeal said determination within 14 days to
the Town Board.
[Amended 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
D.
Conditions for use of license privileges.
[Amended 3-7-1988 by L.L. No. 7-1989, effective 3-31-1989; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
(1)
Each licensee wishing to be placed on the non-accident,
light-duty, medium-duty or heavy-duty roster shall maintain an individual
public garage or depot or body shop in the Town or the incorporated
villages located within the Town to which all motor vehicles towed
pursuant to this chapter shall be transported. Unless otherwise directed,
in writing, by the owner or operator thereof, no such motor vehicle
may be transported to any location other than such public garage or
depot or body shop. No such motor vehicle shall thereafter be removed
from said public garage or depot or body shop without the written
consent of the owner of such motor vehicle.
(2)
Provided that a depot is in compliance with all the
provisions of the Code of the Town of Brookhaven, the depot shall
be allowed only one position on the non-accident towing roster, only
one position on the light-duty towing roster, only one position on
the medium-duty towing roster, and only one position on the heavy-duty
towing roster, without regard to the number of licenses which shall
have been issued to licensees using or maintaining any one public
garage, depot or body shop.
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
Upon receipt of the fees set forth herein, the
Commissioner shall issue a medallion or renewal thereof for each tow
truck to be operated within the Town by a licensee if, upon inspection
by the Town, it is determined that the tow truck is equipped as provided
herein.
A.
Tow trucks used to respond to calls from the nonaccident
roster must be equipped at all times with:
(1)
At least two emergency lights, one of which shall
be affixed to each side of the rear of the tow truck or to each side
of the rearmost part of the towed vehicle so as to be clearly visible
on the highway to the rear.
(2)
One authorized emergency light.
(3)
A CO2 or dry-powder fire extinguisher
with a minimum capacity of 10 pounds.
(4)
At least one dozen red railroad-type flares or three
triangles.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
(5)
Safety chains.
(6)
A push bar.
(7)
A shovel.
(8)
A rigid tow bar.
(9)
A lifting boom on the rear of the truck.
(10)
A minimum one-and-one-half-ton power winch equipped
with 150 feet of three-eighths-inch steel cable.
(11)
Dolly wheels.
B.
Tow trucks used to respond to calls from the light-duty
roster must be equipped at all times with:
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
C.
Tow trucks used to respond to calls from the medium-duty
roster must:
[Amended 9-1-1987 by L.L. No. 21-1987; 3-20-1990 by L.L. No.
12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
(1)
At all times be equipped with the equipment specified in Subsection B above, except that, in addition, tow trucks responding to calls from the medium-duty roster must be equipped with a minimum one-and-one-half-ton power winch equipped with 150 feet of five-eighths-inch steel cable. Tow trucks responding to calls from the medium-duty roster shall not be required to have push bars or dolly wheels.
D.
Equipment.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
(1)
A licensee on the heavy-duty roster must have the
capability to respond to a call with the following minimum equipment:
(a)
Two twenty-five-ton tow trucks.
(b)
One sixteen-ton tow truck.
(c)
One flatbed truck at least 16,000 pounds' gross vehicle
weight (cargo removal).
(d)
A set of twenty-ton recovery straps.
(e)
One set of portable torches.
(f)
One power chain saw.
(g)
One power metal-blade saw.
(h)
One set of four-ton porto powers.
(i)
Four two-ton cable pullers (ratchet pullers).
(j)
Four lengths of five-eighths-inch chain at least 15
feet in length.
(k)
Four steel angle irons four inches by four inches
by five feet long.
(l)
Two aluminum angle irons four inches by four inches
by five feet long.
(m)
Four oak beams four inches by four inches at least
five feet in length.
E.
Flatbed car carrier.
[Amended 12-15-1987 by L.L. No. 35-1987; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990[1]; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
(1)
A flatbed car carrier may be used to respond to calls
from the non-accident or light-duty roster if it is equipped at all
times with:
(a)
At least two emergency lights, one of which shall
be affixed to each side of the rear of the tow truck or to each side
of the rearmost part of the towed vehicle so as to be clearly visible
on the highway to the rear.
(b)
One authorized emergency light.
(c)
A CO2 or dry-powder fire extinguisher
with a minimum capacity of 15 pounds.
(d)
At least one dozen red railroad-type flares.
(e)
Safety chains.
(f)
A shovel.
(g)
A minimum one-and-one-half-ton power winch equipped
with 100 feet of three-eighths-inch steel cable.
(h)
Dual rear wheels or a vehicle with four-wheel drive.
(i)
A broom.
H.
Every tow truck operated in connection with a licensee’s
towing business in the Town must have inscribed on each side thereof,
in legible letters not less than three inches high, the name and address
of the licensee’s depot. Only the specific business called may
send its tow truck from the depot designated on said truck.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
I.
[2]All vehicles subject to this chapter shall comply with
all safety and equipment sections of the Vehicle and Traffic Law and
the Codes, Rules and Regulations of the State of New York, which are
incorporated by reference herein.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; amended 4-2-1996 by L.L. No. 13-1996, effective 4-17-1996]
[2]
Editor's Note: Former Subsection I, which
dealt with required equipment for tow trucks licensed for towing vehicles
owned by the tow truck operator, was repealed 4-2-1996 by L.L. No.
13-1996, effective 4-17-1996. This local law also renumbered former
Subsection J as Subsection I.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 4-16-2002 by L.L. No. 5-2002, effective 4-25-2002; 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004; 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
A.
Every license and medallion issued shall be for a term of two years
beginning on January 1 and expiring December 31 of the second year
unless earlier suspended or revoked by the Town of Brookhaven, as
provided herein. Any license or medallion issued mid-term shall expire
on the second December 31 thereof, unless earlier suspended or revoked
by the Town of Brookhaven, as provided herein.
B.
Every license and medallion shall be renewable upon the expiration
of its term. Applications for renewals must be submitted prior to
September 1. Any renewal application submitted after this deadline
shall be subject to a late fee as established by Town Board resolution.
C.
Every person holding a license pursuant to § 66-3D(3) shall
have the words "not for hire" painted or otherwise affixed to both
sides of the tow truck so as to be clearly visible on the highway.
A.
No license or medallion issued hereunder shall be
transferred to another person or vehicle.
B.
The licensee shall notify the Commissioner if any
tow truck for which a medallion was issued is destroyed, sold or otherwise
transferred, within five days thereof, and immediately recturn the
medallion to the Commissioner.
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
A.
Regardless of the number of months such license or medallion may
be valid, the fee shall be as established by Town Board resolution.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-12-1990; 11-20-2018 by L.L.
No. 26-2018, effective 12-3-2018]
B.
All persons having agreed to be placed on the light-duty
roster shall have impliedly agreed to tow motorcycles.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
[Amended 12-15-1987 by L.L. No. 35-1987; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A.
The Town shall be divided into the following sections,
each with its own non-accident, light-duty and medium-duty roster:
(1)
Fourth Precinct: Fifth or Sixth Precinct rosters shall
be used as determined by the circumstances of the case.
(3)
Sixth Precinct.
B.
The Commissioner shall prepare and certify to the Commanders of the Fourth, Fifth, Sixth and Seventh Precincts of the Suffolk County Police Department the non-accident, light-duty and medium-duty rosters with the names of the licensees in each section listed in the order in which the licensees qualify for such listing. In addition, the Commissioner shall provide the Commanders of each precinct with a list, in alphabetical order, of all tow trucks in the Town of Brookhaven equipped and licensed pursuant to this chapter. Said list shall include phone numbers provided pursuant to Subsection M of § 66-5 above.
C.
There shall be one Town-wide heavy-duty towing roster.
[Amended 9-1-1987 by L.L. No. 21-1987; 3-1-1988 by L.L. No. 2-1988; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A.
Motor vehicles not involved in accidents but which
are disabled and which must be removed from the road, and where the
owner or other person in charge thereof does not request the services
of a specific tow truck operator, shall be towed by licensees from
the non-accident roster on a rotating basis.
B.
In order to qualify for the non-accident roster, the
person must:
C.
Only tow trucks properly equipped and with medallions
that have been issued hereunder may respond to calls from the non-accident
roster.
[Amended 3-1-1988 by L.L. No. 2-1988; 3-20-1990 by L.L. No.
12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A.
A. Motor vehicles which are involved in accidents
and which are disabled, and whose owners do not request the services
of a specific tow truck operator, shall be towed by licensees on the
light-duty roster on a rotating basis.
B.
In order to qualify for the light-duty roster, a person
must:
C.
Only tow trucks properly equipped and with medallions
that have been issued hereunder may respond to calls from the light-duty
roster.
[Amended 3-1-1988 by L.L. No. 2-1988; 3-20-1990 by L.L. No.
12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A.
In order to qualify for the medium-duty towing roster,
a person must:
(1)
Hold a valid towing business license issued pursuant
to this chapter.
(2)
Have at least one medium-duty tow truck per depot,
equipped as provided herein, with a valid medallion affixed to it.
(3)
Maintain twenty-four-hour service to answer calls
to remove damaged and disabled motor vehicles over three tons.
(4)
Designate in his application a depot, garage or body shop, as defined by § 66-2, to which he will tow motor vehicles damaged or disabled when picked up as a result of a call from the medium-duty towing roster, in the absence of a designation to the contrary, in accordance with § 66-18, by an owner or person in charge of the motor vehicles.
B.
When the police officer at the scene determines that
medium-duty towing services are required, the licensee shall be called
from the medium-duty towing roster on a rotating basis. However, such
licensee shall not lose his turn on any other roster on which his
name might appear.
C.
Only medium-duty tow trucks properly equipped and
with medallions that have been issued hereunder may respond to calls
from the medium-duty towing roster.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A.
In order to qualify for the heavy-duty towing roster,
a person must:
(1)
Hold a valid towing business license issued pursuant
to this chapter.
(2)
Have at least two twenty-five-ton tow trucks and one
sixteen-ton tow truck, as provided herein, with a valid medallion
affixed to each.
(3)
Maintain twenty-four-hour service to answer calls
to remove damaged and disabled motor vehicles over 15 tons.
(4)
Designate in his application a depot, garage or body shop, as defined in § 66-2, to which he will tow motor vehicles damaged or disabled when picked up as a result of a call from the heavy-duty towing roster, in the absence of a designation to the contrary, in accordance with § 66-18, by an owner or person in charge of the motor vehicles.
B.
When the police officer at the scene determines that
heavy-duty towing services are required, the licensee shall be called
from the heavy-duty towing roster on a rotating basis. However, such
licensee shall not lose his turn on any other roster on which his
name might appear.
C.
Only heavy-duty tow trucks properly equipped and with
medallions that have been issued hereunder may respond to calls from
the heavy-duty towing roster.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 2-20-1997 by L.L. No. 2-1997, effective 2-24-1997; 12-15-1987 by L.L. No. 35-1987; 1-16-2001 by L.L. No. 3-2001, effective 2-1-2001; 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006; 3-6-2007 by L.L. No. 5-2007,
effective 3-14-2007; 11-23-2010 by L.L. No. 40-2010, effective 12-7-2010; 1-25-2011 by L.L. No. 7-2011,
effective 2-8-2011; 12-17-2013 by L.L. No. 41-2013, effective 12-31-2013; 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
A.
No tower shall charge more than the maximum charges as established by Town Board resolution for each tow truck used in towing a motor vehicle picked up within the Town and towed to a place within the Town or, if said operator's designated depot, body shop or garage is outside the Town pursuant to § 66-3C above, to that location.
B.
No licensee shall charge more than the maximum charges as established by Town Board resolution for each tow truck used in towing a motor vehicle picked up pursuant to §§ 66-13 through 66-15.1 herein when towed to the licensee's place of business or any location in the Town designated by the owner or person in charge of the motor vehicle.
C.
The maximum charge for towing vehicles involved in accidents utilizing
the Suffolk County Police Department light-duty tow roster shall be
as established by Town Board resolution. There shall be no additional
fees if the towing occurs on weekends or holidays. All towing charges
for nonaccident vehicles, impounded vehicles, including vehicles impounded
pursuant to § 511-b of the New York State Vehicle and Traffic
Law, and for vehicles constituting road hazards utilizing the Suffolk
County Police Department nonaccident tow roster shall be $170.
D.
The maximum charge for towing vehicles when called directly from
the Town of Brookhaven shall be as established by Town Board resolution,
payable to the towing vendor. The Town of Brookhaven tow roster shall
include all Town of Brookhaven medallion towing vendors on a rotating
basis.
E.
Fees for the following related services shall not exceed the fees
established by Town Board resolution:
(1)
Winching.
(2)
Dollying.
(3)
Labor.
(4)
Yard charge.
(5)
Clean-up charge.
(6)
Speedy Dry.
(7)
Storage. The licensee must obtain the written consent of the owner
to charge more for indoor storage than for outdoor storage of the
vehicle after the first 24 hours.
(8)
Waiting time. Such waiting-time fee must be approved in writing by
the police officer in charge at the scene on a form approved by the
Town.
(9)
Town administrative fee.
F.
The tow truck operator shall be required to provide to the operator
of the vehicle being towed a printed fee schedule, procedures for
redeeming the vehicle and a list of hours of operation and business
days. Said schedule shall be provided to the operator of the vehicle
at the scene of the tow or if not practicable by first-class mail
within 24 hours of the tow to the registered owner of the vehicle.
A.
The maximum charges set forth herein may be reviewed
and revised at any time by the Town Board.
B.
Upon receipt of a petition signed by at least 51%
of the persons currently holding valid towing business licenses, the
Town Board shall conduct a public hearing and review the maximum charges
set forth herein; however, the Town Board shall conduct no more than
one review based upon such a petition in any calendar year.[1]
[1]
Editor's Note: Former Subsections C and D,
which immediately followed this subsection, added 9-1-1987 by L.L.
No. 21-1987, regarding maximum towing charges and related fees, were
repealed 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990.
A.
The Fifth and Sixth Precinct Commanders of the Suffolk
County Police Department or their authorized representative shall
designate licensees from the non-accident, light-duty and medium-duty
towing rosters and from the one Town-wide heavy-duty towing roster
on a rotating basis, unless the owner or other person in charge of
the motor vehicle requests the services of a specific licensed tower
and provides the police officer at the scene with the correct name
and telephone number of the requested tower. Said owner-requested
tower must be licensed to tow within the Town of Brookhaven pursuant
to the provisions of this chapter.
[Amended 3-7-1989 by L.L. No. 7-1989,
effective 3-13-1989; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
B.
Nothing in this chapter shall be construed to prohibit
a police officer in charge at the scene of any accident or disablement
to request and obtain such emergency aid and equipment as, in his
opinion, may be required as an emergency measure to clear the highway
and protect persons and/or property. The tower called by the Suffolk
County Police Department shall be entitled to charge the owner or
operator in accordance with applicable provisions hereof.
C.
Nothing in this chapter shall be construed to prohibit
a licensed tow truck owner present at the scene engaged in a towing
operation, either by permission of the owner or authorized person
or by permission of the police officer in charge at the scene, from
requesting and obtaining the aid of another Town of Brookhaven licensed
and medallioned tow truck owner selected by him when circumstances
at the scene of the accident or disablement, in the opinion of the
first tow truck owner, require such aid.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
D.
The Fourth, Fifth, Sixth and Seventh Precinct Commanders
of the Suffolk County Police Department or their authorized representatives
shall post their respective precinct non-accident, light-duty and
medium-duty rosters, which have been certified by the Commissioner,
in a public place selected by the Suffolk County Police Department.
The single Town-wide heavy-duty roster shall also be posted in the
same location as the other rosters.
[Amended 12-15-1987 by L.L. No. 35-1987; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
E.
In the event that a mistake is made in calling any
given tow truck operator to the scene of an accident or disablement
as provided above, the respective precinct commander shall have the
right to amend the roster so that no tow truck owner will gain or
lose a turn on a particular roster.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No.
12-2006, effective 6-26-2006; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
A.
Any motor
vehicle picked up in the Town must be removed to a location designated
by the owner or the person in charge of the motor vehicle.
B.
When the owner or other person in charge of the motor vehicle does not designate a place to which the motor vehicle is to be towed, such motor vehicle shall be towed to the depot, body shop or garage designated in the licensee’s application and printed on the sides of the tow truck pursuant to § 66-8H. If the vehicle has not been redeemed after 30 days, the tower may deliver such motor vehicle to one of the Town’s impound yards as designated by the Commissioner of Public Safety.
[Amended 3-29-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
It shall be unlawful for any licensee on the
non-accident, light-duty, medium-duty and heavy-duty towing roster
to refuse to tow away a motor vehicle after having appeared on the
scene at the request of the Suffolk County Police Department or the
Town of Brookhaven, provided that his equipment is capable of towing
the vehicle. A violation of this section shall be punishable, after
conviction, with a fine of not less than $100 and not more than $500.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
It shall be unlawful for a licensee to assign
his place or to accept an assignment on the non-accident, light-duty,
medium-duty or heavy-duty roster to or from any other person or licensee.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
All towers called to the scene of an accident
or disablement must clean up any debris resulting therefrom to the
satisfaction of the police officer or representative of the Town of
Brookhaven on the scene. A violation of this section shall be punishable,
after conviction, with a fine of not less than $100 and not more than
$500.
A.
If more than one tow truck is required at the scene
of an accident, the choice of the damaged motor vehicles to be towed
shall be determined by the order in which the licensee was called.
Each licensee that appears on the scene shall, however, if requested,
assist the police officer in clearing the motor vehicles from the
road and onto the shoulders or side of the road. No additional charge
shall be made for this service. No licensee shall forfeit his right
to select any particular motor vehicle by virtue of having assisted
the police officer in clearing the road.
B.
Any tow truck operator convicted of a moving violation
which occurred en route to an accident scene shall lose his license
to tow in the Town of Brookhaven.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
It shall be unlawful for any person who is not
designated from the non-accident, light-duty, medium-duty or heavy-duty
towing roster to tow away any motor vehicle which has been disabled
or involved in an accident unless such removal is with the consent
and by the direction of the police officer at the scene or the owner
or person in charge of the motor vehicle.
It shall be unlawful for any person to drive
along any public highway or bridge in the Town of Brookhaven and solicit
towing work. Solicitation of towing work by the owner or other occupant
of a tow truck while parked on any public highway or bridge is also
prohibited. It shall be unlawful for any tow truck vehicle to proceed
to the scene of an accident or disablement without having first been
requested or notified to do so by the vehicle owner or other authorized
person or by the precinct headquarters, except as provided for herein,
and the operator of any tow truck vehicle so doing shall be deemed
to have committed a violation of this chapter.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
A.
A licensee who cannot be reached within five minutes
of the time when originally called by the Suffolk County Police Department
at the telephone numbers provided by him in his application or who
declines to provide services after answering the call shall lose his
turn on the appropriate roster and must wait for that roster to be
called in its entirety before he is eligible to be called again.
B.
In any case where a licensee has not arrived at the
scene within 30 minutes (45 minutes for heavy-duty list) from the
time he receives a call for service from the Suffolk County Police
Department or where a licensee arrives at the scene with equipment
which, in the opinion of the police officer on the scene, is not adequate
to perform the requested services, he shall lose his turn on the appropriate
roster and shall not be entitled to receive any charges for responding
unless there are extenuating circumstances.
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A.
No tower shall solicit or receive any consideration
or premium for the delivery of any damaged or disabled motor vehicle
to a body shop or garage.
B.
In the event that a vehicle is towed to a location
where it cannot be repaired, the consumer shall not be required to
pay a charge for the towing of that vehicle to a place where it can
be repaired.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 8-3-2004 by L.L. No. 15-2004, effective 8-6-2004; 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
A.
The Commissioner shall have the authority under this chapter to periodically review an applicant's compliance to Chapter 66 and to suspend, revoke, or remove a tow truck operator from any roster for violations of the chapter; the licensee may appeal the determination of the Commissioner to the Town Hearing Examiner.
B.
The Commissioner shall immediately notify the tow truck operator
of a suspension, revocation, and/or removal from any roster by certified
mail, return receipt requested, at the address shown upon the most
recent application of such licensee. The licensee shall have 14 days
thereafter to appeal such determination before the Town Hearing Examiner.
The Town Hearing Examiner shall issue a determination after a hearing,
and the applicant may appeal said determination within 14 days to
the Town Board.
C.
The Commissioner may revoke or suspend any license or medallion issued
hereunder and/or remove tow truck operators from any Town roster if
the licensee shall have been convicted of a violation of any provision
of this chapter or any provision of the Zoning, Building or Fire Prevention
Local Laws, rules or regulations of the Town of Brookhaven relating
to premises used by the licensee in connection with his towing business
or has made a materially false statement or misrepresentation in his
application for a license or medallion or if the Commissioner shall
determine that the licensee is, for any other reason, a person incapable
of properly conducting the towing business or upon recommendation
of the Town Attorney that such action be taken.
A.
Once a hearing before the Town Hearing Examiner is
requested, all notices shall be mailed, postage prepaid, certified
mail, return receipt requested, to the applicant and/or license or
medallion holder at the last address filed by same with the Commissioner
at least five days prior to the date set for the hearing.
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004; 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
B.
Notice of hearing, once requested, shall be given in writing, setting forth the grounds of the appeal and the time and place of such revocation hearing before the Town Hearing Examiner. The Commissioner shall also require payment of the proper fee as set forth in § 66-11 prior to the hearing.
[Amended 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
C.
Upon any hearing for the suspension or revocation
of a license or medallion or for removal of a licensee from any Town
roster, the licensee involved shall be entitled to be represented
by legal counsel and to present testimony or other evidence in his
own behalf as may be relevant to the subject matter of the hearing.
D.
Hearings.
The Town Hearing Examiner may, based on the criteria set forth in
this chapter and after holding an appeal hearing, take the action
he or she deems appropriate, as set forth herein:
[Added 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
(1)
Reversal.
The Town Hearing Examiner may reverse the suspension, revocation,
or removal of the licensee from any Town roster, with or without conditions,
and issue or reinstate said license or medallion.
(2)
Affirmation.
The Town Hearing Examiner may affirm the suspension, revocation, or
removal of the licensee from any Town roster and reject said application
or revoke said license or medallion.
E.
Decisions.
The decision of the Town Hearing Examiner, after a hearing, may be
appealed by the applicant to the Town Board within 14 days of the
decision.
[Added 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
F.
Reapplication.
A person whose license or medallion has been revoked shall not be
permitted to reapply for a period of at least one year from the date
of revocation.
[Added 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
A.
No vehicle damaged in an accident or otherwise disabled
shall be removed without a written authorization signed by the owner
or other person in charge of the motor vehicle. If no such person
is present, conscious or capable, said vehicle shall be removed at
the direction of the police officer at the scene.
B.
Such authorization shall be upon slips in a form as
approved by the Town of Brookhaven and shall be carried by the tow
truck operator at all times. The authorization shall contain the following:
(1)
The make, model, year and vehicle identification number
and plate number of the motor vehicle.
(2)
The name and address of the owner or person in charge
of the motor vehicle, if known.
(3)
The badge number of the police officer in charge,
if applicable.
(4)
The amount charged for the towing and related services.
(5)
The location to which the vehicle will be towed and
stored.
C.
The signed authorization must be retained by the tower
for a period of six months from the date the vehicle was towed and
shall be exhibited upon demand to the owner or person in charge of
the motor vehicle and any official of the Town or member of the Suffolk
County Police Department.
A.
A tower shall prepare a bill, the original of which
shall be furnished to the owner or the person in charge of the motor
vehicle in person or forwarded via certified mail within five business
days to the address indicated on the motor vehicle registration.
B.
The bill shall contain the following information:
(1)
The name and address of the tower.
(2)
The full name and address of the owner or the person
in charge of the motor vehicle.
(3)
The badge number of the police officer at the scene,
if towed at the request of the Suffolk County Police Department.
(4)
The make, model, year and vehicle identification number
and plate number of the motor vehicle.
(6)
The tow truck medallion number and the licensee's
license number, if applicable.
C.
The duplicate of each bill shall be retained by the
tower for a period of two years from the date of towing. The bill
shall be exhibited upon demand to the owner or person in charge of
the motor vehicle and any official of the Town or member of the Suffolk
County Police Department.
D.
Upon payment of the bill, the licensee shall acknowledge,
in writing, receipt of the same.
[Amended 8-3-2004 by L.L. No. 15-2004,
effective 8-6-2004]
A.
Upon the sale or other disposition of a tow truck
for which a medallion was issued, the licensee shall, within five
days thereof, notify the Commissioner of such sale or other disposition
and surrender the medallion.
B.
Where a licensee changes its name, location or telephone
number, notification thereof shall be given to the Commissioner within
five days thereof.
[Added 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
The Town Board may establish a Tow Truck Advisory
Committee, the purpose of which is to make recommendations regarding
industry concerns and to periodically report to the Town Board. The
Tow Truck Advisory Committee shall consist of representatives of the
Town of Brookhaven medallioned towers not to exceed five members,
a Suffolk County Police Department representative and a representative
designated by the Town Board. The medallioned towers shall submit
to the Town Board recommendations for their representatives on or
before the first day of November of each year. Members shall serve
one-year terms coinciding with the calendar year.
[1]
Editor's Note: Former § 66-33, Tow
Truck Advisory Board, was repealed 8-3-2004 by L.L. No. 15-2004, effective
8-6-2004.
[Added 3-1-1988 by L.L. No. 2-1988[1]]
A.
In order to qualify as a tower for hire or tower on
any roster within the Town of Brookhaven, the person must maintain
not less than the following insurance coverages:
[Amended 3-7-1989 by L.L. No. 7-1989,
effective 3-13-1989]
(1)
Automobile liability for each tow truck: $300,000
combined single limit, bodily injury and property damage; or $250,000/$500,000
bodily injury, $100,000 property damage.
(2)
Garage liability insurance covering any depot, garage
and/or body shop specified in the licensee's application: $300,000
combined single limit. Garage liability insurance shall not be required
where the tower has no depot, public garage and/or body shop and is
not on any roster but is merely a tower from point to point.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]
(3)
Garagekeeper's legal liability insurance in the amount
of $50,000.
B.
Nothing in this section is intended to alter the requirements of a tower as set forth in § 66-3C.
C.
If any insurance required under this provision lapses for any reason, then the tower shall be removed from all towing rosters until such time as the insurance is reinstated. Insurance companies insuring towers under the provisions of this Chapter 66 are hereby obligated to notify the Town, in writing, certified mail, return receipt requested, directed to the Town of Brookhaven, Department of Law, within one week of the date the tower's insurance is terminated. If the insurance company fails to so notify the Town, it may result in a suspension of up to one year after notice and hearing before the Town Hearing Examiner of the Town's willingness to accept the insurance company as a valid insurer for purposes of this chapter. A suspension of an insurance company under this provision shall not affect insurance policies already issued to other towers who are governed by this chapter.
[Added 3-7-1989 by L.L. No. 7-1989,
effective 3-14-1989; amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 9-30-2021 by L.L. No. 17-2021, effective 10-7-2021]
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]
A violation of this chapter is hereby declared
to be a violation, and any person violating the same may, upon conviction,
be punished by a fine of $100 for a first conviction and by a fine
of $250 for a second or subsequent conviction, except as otherwise
specifically provided for within this chapter, and/or suspension or
revocation of license by issuing authorities on any conviction and/or
removal from Town rosters for a period of time or indefinitely.
[Added 7-19-2005 by L.L. No. 17-2005, effective 7-27-2005]
If any clause, sentence, paragraph, section
or item of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not impair nor invalidate
the remainder hereof, but such adjudication shall be confined in its
operation to the clause, sentence, paragraph, section or item directly
involved in the controversy in which such judgment shall have been
rendered.
