As used in this chapter, the following terms
shall have the meanings indicated:
TOWING
The moving of a motor vehicle by another vehicle for hire.
TOWING COMPANY
A person engaged in the towing business or offering towing
services, whereby motor vehicles are towed or otherwise removed from
one place to another by use of a vehicle designed or adapted for that
purpose.
VEHICLE OWNER
The owner of a vehicle or another person authorized by the
owner to operate the vehicle.
No person shall maintain or operate a towing
company or operate a towing vehicle for hire, within the City of Rochester,
without first having obtained a towing company license.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-15-2010 by Ord. No.
2010-196
A. An application for a towing company license shall
be made to the Chief of Police on forms prescribed by the Chief of
Police. The application shall contain the name and address of the
owner and operator of the towing company, as well as the name and
address of the owner of the premises where the towing company is to
be located and of the premises where towed vehicles are to be stored.
Where the owner is not directly involved with the day-to-day operation
of said towing company, the operator must also be included on the
application. If a partnership, corporation or other business association
is involved, the names and addresses of the partners, officers or
principals shall be listed on the application, and the application
must designate an operator who is involved in the day-to-day operation
of the towing company. All addresses of persons involved shall be
home addresses, listing street and number. The application shall also
contain a complete listing of all towing and storage fees to be charged
by the towing company. The Chief of Police may require such additional
information as may be necessary in order to enforce this chapter and
to ensure the safety of all persons.
B. The application shall contain the address of the towing
company and of the location where towed vehicles are to be stored
and the telephone number called to retrieve towed vehicles. The application
shall also contain the hours during which the towing company will
be open for towing and for retrieval of towed vehicles. All towing
company premises, including the location of the towing company and
the location where towed vehicles are to be stored, shall be in compliance
with zoning, building, fire, safety and property maintenance codes.
C. Upon receipt of an application for a towing company
license, the Chief of Police shall cause an inspection to be made
by the appropriate authorities of the location of the towing company
and of the premises where towed vehicles are to be stored, to determine
compliance with zoning, building, fire, safety and property maintenance
codes and whether public safety problems exist, and the Chief of Police
shall cause an investigation to be made of the background of the owner
and the operator of the towing company. The Chief of Police and his
or her representatives shall have the right to enter upon all such
premises for the purpose of making such inspections during normal
business hours.
D. The application
shall also contain a complete listing of the vehicle make, year and
license plate number of all towing vehicles to be used or operated
by the applicant. All such towing vehicles shall have a properly affixed
and current New York State motor vehicle inspection sticker.
E. Any towing
company that tows motor vehicles without permission of the vehicle
owner, from privately owned property in the City of Rochester, other
than property which is solely residential and contains fewer than
five residential units, shall list on its application the owner and
address of every private property that it tows from and shall list
the storage facility to which such vehicles will be towed.
F. The application
shall also contain a complete listing of all drivers of towing vehicles
and each driver’s New York State driver’s license number.
G. Any changes
in any facts or information required on said application occurring
after filing and before any action is taken on the application thereof
shall be reported by the licensee in writing to the Chief of Police
immediately.
[Amended 5-22-1990 by Ord. No. 90-191; 5-12-1992 by Ord. No. 92-175; 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No. 2008-205; 6-15-2010 by Ord. No. 2010-196]
The annual fee for a towing company license
shall be $350. Payment of the fee shall be due upon application for
the license. There shall be a fee of $10 for replacement of a lost
license.
Towing company licenses shall expire on August
31 of each year.
[Amended 6-19-1990 by Ord. No. 90-258]
The provisions of Chapter
68 of the Municipal Code shall be applicable to all licenses issued under this chapter. The Municipal Code Violations Bureau shall hear and determine charges involving violations of this chapter. Any person who violates this chapter shall be subject to the penalties set forth in §
13A-11 of the Municipal Code.
[Amended 6-15-2010 by Ord. No. 2010-196]
The provisions of this chapter shall not apply
to the towing of a vehicle through the City of Rochester from a destination
outside of the City of Rochester to another destination outside of
the City of Rochester, nor to the towing of a vehicle from or to a
destination outside of the City of Rochester as long as said vehicle
is towed with permission of the vehicle owner by a towing company
without a place of business or storage lot in the City of Rochester.
This chapter shall not apply to the lawful repossession of vehicles
where the required notice has been provided pursuant to § 425
of the New York State Vehicle and Traffic Law.