[HISTORY: Adopted by the Town Board of the
Town of Cheektowaga 5-19-1986 by L.L. No. 2-1986; amended in its entirety 5-5-2003 by L.L. No. 2-2003. Subsequent amendments noted where applicable]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 235
A.
It is the purpose and intent of this chapter to establish
an orderly system for the safe and expeditious removal of disabled
motor vehicles from the streets of the Town of Cheektowaga, to supervise
and control the operation of towing businesses that are granted permission
to tow for the Town of Cheektowaga Police Department and to remove
and dispose of vehicles abandoned on streets located in the Town of
Cheektowaga.
B.
The provisions of this chapter shall not prohibit
the driver or owner of a vehicle which needs towing service from contracting
with any towing company of his own choice, provided that:
C.
Services provided by an authorized Town tower not
specifically covered by this chapter shall not be regulated by the
Town of Cheektowaga and will be based solely on the contract which
exists between the towing company and the driver/owner of the vehicle.
As used in this chapter, the following terms
shall have the meanings indicated:
A vehicle as defined in § 1224 of the Vehicle and
Traffic Law of the State of New York.
Any incident or occurrence in which one or more motor vehicles
come in contact with each other or any other object, thereby causing
damage to or disabling a motor vehicle.
A person who possesses a valid New York State driver's license
for the appropriate class of equipment being operated, who has been
approved by the Chief of Police and who is in actual physical control
of an authorized tow truck upon the highways of Erie County and is
in compliance with all New York State vehicle and traffic laws.
An invoice approved by the Chief of Police of the Town of
Cheektowaga which contains:
A towing company which has been approved by the Town of Cheektowaga
Chief of Police and Cheektowaga Town Board to tow vehicles on behalf
of the Cheektowaga Police Department.
A specially equipped vehicle designed for the towing or pushing
of disabled vehicles and which is in compliance with New York State
Vehicle and Traffic Law.
[Amended 3-5-2007 by L.L. No. 3-2007]
Must have a minimum manufacturer's gross vehicle
weight rating (GVWR) of at least 10,000 pounds.
Must have a commercially built wrecker body
with hydraulically extendable boom with a minimum rating of four tons
and wheel lift rating of two tons.
Equipped as set forth in § 241-9 of this chapter.
Registered as a tow truck vehicle with the New
York State Department of Motor Vehicles.
The Chief of Police of the Town of Cheektowaga or any other
member of the Cheektowaga Police Department designated by the Chief
of Police of the Town of Cheektowaga to perform duties under this
chapter.[1]
A document signed by the Chief of Police authorizing a towing
company to provide service for the Town of Cheektowaga Police Department
and which:
The Town of Cheektowaga Police Department.
The carrying, lifting or moving of a single motor vehicle
by another motor vehicle.
The Town of Cheektowaga.
The Town Board of the Town of Cheektowaga.
[1]
Editor's Note: The former definition of “heavy
tow truck” which immediately followed this definition, was repealed
3-5-2007 by L.L. No. 3-2007.
The Police Department may direct the removal
of vehicles in the following circumstances:
A.
When any vehicle is parked or abandoned on any highway
within the Town during a snowstorm, flood, fire or other public emergency
which affects that portion of the public highway upon which said vehicle
is parked or abandoned.
B.
When any vehicle is found unattended on any highway
within the Town where said vehicle constitutes an obstruction to traffic.
C.
When any vehicle is parked or abandoned on any highway
within the Town where stopping, standing or parking is prohibited.
D.
When any vehicle is disabled and rendered inoperable
as a result of any collision or accident upon a public highway or
right-of-way.
E.
When any vehicle is parked on private property without
the consent of the owner of such property.
F.
When the driver of such vehicle has been arrested
and taken into custody and the vehicle must be removed from the public
highway or from private property other than the driver's or when the
vehicle must be removed to ensure the safety of the vehicle and its
contents.
A.
Authorized Town towers may be requested by the Town
of Cheektowaga to provide vehicles, manpower and equipment to perform
emergency automotive services to be paid for on an hourly basis by
the Town of Cheektowaga. The vehicles, manpower and equipment are
to be used for the purpose of restoring vehicles to the pavement that
have left the pavement due to poor traction or are otherwise blocking
the roadways due to conditions caused by adverse weather or other
emergency conditions. This rental system will be put in effect by
the Town of Cheektowaga, at its discretion, during emergencies.
B.
Rental rates. Rental rates shall hereafter be established from time
to time by Town Board resolution.
[Amended 3-5-2007 by L.L.
No. 3-2007; 4-18-2016 by L.L. No. 3-2016]
C.
The Town of Cheektowaga specifically reserves the
right to set the hours that such a rental will be in effect, as well
as the number of trucks and employees to be utilized. In addition,
it is understood that such trucks shall be provided with all equipment
necessary to provide adequate service to the public in restoring vehicles
that have left the roadway, back to the pavement.
No towing company shall be allowed to tow vehicles
on behalf of the Police Department unless and until it has been approved
by the Chief of Police and Town Board as an authorized Town tower
in accordance with this chapter.
The Chief of Police is hereby authorized to:
A.
Receive and review any and all applications filed
with the Town by towing companies for permission to be designated
as authorized Town towers.
B.
Recommend to the Town Board which towing companies
should be designated as authorized Town towers.
C.
Determine the number of authorized Town towers which
should be designated by the Town Board.
D.
Determine the policy and procedure for all items pertaining
to the towing of vehicles on behalf of the Police Department which
are not addressed in other sections of this chapter.
A.
An application for letter of authorization shall be
made upon forms made available by the Chief of Police. Such application
shall include the following information:
(1)
The name, address and telephone number of the business.
(2)
The name of the owner of the business, his address
and telephone number.
(3)
The name, address and telephone number of the contact
person at the business.
(4)
The location and size of the storage area.
(5)
The hours the storage area is supervised.
(6)
The height and type of construction of fence surrounding
the storage area.
(7)
A description of the trucks and the owners' names
(including year, make, model, vehicle identification number and New
York State registration number).
(8)
The number of trucks available for towing.
(9)
The number, names, addresses and dates of birth of
drivers available for tow trucks.
(10)
The flatbeds available.
(11)
The dollies available.
(12)
A certificate of insurance for liability/property/personal
injury damage showing thereon limits of insurance, as prescribed by
the Town Board.
(13)
Visa Card and Mastercard contracts (copies).
(14)
References.
(15)
A resume of business/towing experience and training.
(16)
Permission for the Cheektowaga Police Department to
conduct a fingerprint criminal history record investigation of the
owner(s) and driver(s). Each owner and driver will sign waivers. Such
fingerprints will be forwarded to the Division of Criminal Justice
Services (DCJS) along with the appropriate processing fee. All processing
fees are to be paid by the applicant, and the only authorized method
of payment will be a United States Postal or American Express money
order made out to the Division of Criminal Justice Services. Authorization
will not be granted to an owner or driver convicted of any felony,
any offense relating to the theft or dismantling of motor vehicles,
insurance fraud or sex offenses or any series of convictions for traffic
offenses that would indicate a pattern of disregard for vehicle safety.
(17)
Permission shall be granted by the applicant for an
on-site inspection of the applicant's premises by the Chief of Police.
B.
Term of letter of authorization.
(1)
If a towing company is designated as an authorized
Town tower, such firm will be issued a letter of authorization, which
will expire one year from the date of issuance. Reassurance of such
letter of authorization will be based on the past performance of said
towing company and on continued compliance with all the provisions
of this chapter.
(2)
The letter of authorization represents an agreement
to provide towing service to the Police Department for one year. The
Chief of Police may renew this letter annually without requiring a
new application, or he may decline to renew the letter of authorization
at his discretion.
(3)
Nothing in this chapter shall prohibit a towing company
from reapplying for designation as an authorized Town tower.
A.
Prior to approval or issuance of a letter of authorization, an authorized
Town tower shall remit an annual license fee of $2,500 to the Town.
[Amended 4-18-2016 by L.L. No. 3-2016]
B.
The letter of authorization shall not be transferable.
C.
Otherwise, the annual license fee shall be due upon
issuance or reassurance of the letter of authorization.
A.
A towing company must meet the following minimum requirements
before it will be considered as an authorized Town tower:
(1)
The applicant's tow truck(s) must be equipped and licensed in accordance with § 241-9 of this chapter.
(2)
All of the requirements of § 241-6 of this chapter must be successfully met, an approved application must be received and all information and data contained therein must be verified by the Chief of Police.
(3)
The proper and necessary insurance certificates as
specified in the letter of authorization must be obtained and submitted
to the Chief of Police prior to operation and must be in force and
current at all times.
(4)
The applicant must own or lease a facility that complies with the provision of § 241-10 of this chapter.
(5)
The facility and property must be at a location that
is zoned properly for such type of business and must comply with all
laws of the Town, County of Erie and State of New York. The applicant
must have received a certificate of zoning compliance from the Town
Building and Plumbing Inspector.
(6)
The facility and property must be maintained in good
repair and must be conducted in a manner that is not offensive to
the community.
B.
An authorized Town tower must also meet the following
requirements:
(1)
The Town tower must provide rapid service (must respond
within 30 minutes) except under adverse weather and traffic conditions.
(3)
There must be a building or other acceptable office
facility on the storage site.
(4)
The office shall be staffed, at the minimum, at the
following times: Monday through Friday, from 9:00 a.m. to 5:00 p.m.,
and Saturdays 9:00 a.m. to 12:00 noon; closed Sundays and legal holidays.
The telephone number(s) for twenty-four-hour retrieval must be posted
in a conspicuous place on the storage site.
(5)
The Town tower must maintain at least two tow trucks, as specified in § 241-10 of this chapter. The Chief of Police may authorize exceptions for cause.
(6)
Vehicles shall be subject to periodic inspection by
the Chief of Police.
(8)
The Town tower must make provision in its fees for
winching time and any extra trucks or employees required.
(9)
The Town tower shall be allowed to take vehicles only
to the designated area, unless authorized emergency storage is ordered
by the Chief of Police.
(10)
Only the assigned authorized Town tower must tow the
towed vehicle. No surrogates are allowed.
(11)
Town towers and their drivers will comply with all
vehicle and traffic local laws and Town ordinances.
(12)
Towers removing a wrecked or damaged vehicle from
a highway shall remove any glass or other substance dropped upon the
highway from such vehicle [see New York State Vehicle and Traffic
Law § 1219, Subdivision (c)].
C.
An authorized Town tower shall, as a condition to
being designated as an authorized Town tower, agree to accept and
abide by all of the terms of this chapter.
[Amended 3-5-2007 by L.L. No. 3-2007]
Authorized tow trucks and flatbed tow trucks
shall have the following minimum equipment on board at all times:
A.
Emergency amber lights, as defined in § 375,
Subdivision 41(3), of the Vehicle and Traffic Law of the State of
New York.
B.
A carbon dioxide or dry powder fire extinguisher with
a minimum capacity of 10 pounds.
C.
One dozen red railroad-type flares (thirty-minute
duration).
D.
A safety chain.
E.
A shovel.
F.
A broom.
G.
A set of dolly wheels.
H.
Scotch block(s) and snatch block(s).
I.
A trailer for motorcycles, all-terrain vehicles, snowmobiles
(a flatbed would satisfy this requirement).
J.
Trucks must be clearly marked with the name, address
and telephone number of the towing company in three-inch letters on
both doors of the truck.
K.
Work lights directed to the rear of the vehicle to
illuminate the area behind the tow truck.
L.
Authorized Town towers will equip a truck or their employees, at
their expense, with a designated cellular telephone or other radio
equipment, as specified by the Chief of Police.
[Amended 4-18-2016 by L.L. No. 3-2016]
A.
Any vehicle removed by an authorized Town tower shall
be stored in a lot enclosed by a chain link or stockade fence at least
six feet in height. This fence must be maintained in good repair with
no breaks or open areas. Vehicles may be stored in an enclosed building
in lieu of a fenced lot.
B.
Exterior lighting of the vehicle storage area shall
be required and shall be directed towards the vehicle storage area
in a manner that is sufficient to light the entire area to allow all
of the vehicles to be clearly seen during the hours of darkness. The
lighting must not reflect or glare into adjoining residences or businesses.
Lighting must be operational during the hours of darkness and must
be kept in good working condition.
C.
The minimum storage capacity on the actual site of
the business must be no less than 15 vehicles. The authorized Town
tower must have alternate temporary storage available to him for an
additional 25 vehicles; such temporary storage must be approved by
the Chief of Police and must be in a fenced and secure area.
D.
Any actual or suspected tampering with towed vehicles
or any theft must be reported to the Chief of Police within 24 hours
of the incident.
E.
Towers must notify the Police Department of any vehicle
they have in their possession for 72 hours without having been contacted
by the owner/representative of the owner thereof. Towers will contact
the Police Department during normal business hours, Monday through
Friday, at the earliest possible time following the advent of the
72 hours.
F.
Every tower shall provide a written list of all vehicles
that have been in his possession in excess of seven calendar days.
This list will be delivered to the Chief of Police on Monday mornings
no later than 11:00 a.m. each week.
G.
The Police Department/Town will assume ownership of
all abandoned vehicles pursuant to § 1224 of the Vehicle
and Traffic Law of the State of New York.
H.
Upon obtaining ownership of abandoned vehicles, said
vehicles will be disposed of in accordance with § 1224 of
the Vehicle and Traffic Law of the State of New York. The tower may
be directed to deliver such abandoned vehicles to a designated site.
The tower will then be paid for such towing by Town voucher. No storage
charges will be paid by the Town for abandoned vehicles.
I.
The maximum fees to be paid by the Town for any abandoned
vehicle impounded and disposed of by the Town shall be $50.
J.
In no case will the amount paid to the tower exceed
the salvage fee or any other payment the Town has received.
The Chief of Police will establish procedures
and shall disseminate standardized forms to be used for releasing
all impounded vehicles.
Any vehicle towed pursuant to this chapter or
otherwise caused to be towed by the Town which shall become an abandoned
vehicle may be converted to Town use pursuant to § 1224,
Subdivision 6, of the Vehicle and Traffic Law of the State of New
York.
A.
The Chief of Police is hereby empowered to establish
tow zones within 60 days from the effective date of this chapter.
The Town will thereafter be divided into two major sections, north
and south, and eventually in smaller sections to ensure the best towing
coverage, response time and convenience for drivers claiming their
vehicles. Once these zones are established, only that tower assigned
to that zone will be allowed to tow vehicles within that zone.
B.
During any highway emergency, such as snowstorms,
floods, etc., the Chief of Police may suspend the boundary lines of
these zones for the purpose of more efficient vehicle removal. The
Chief of Police may not suspend these boundary lines for more than
10 consecutive days without authorization from the Town Board.
[Amended 3-5-2007 by L.L. No. 3-2007; 11-3-2008 by L.L. No.
10-2008; 4-18-2016 by L.L. No. 3-2016]
Authorized Town towers shall not charge more
than the fees established by the Town Board by resolution from time
to time.
A.
Storage area and tow trucks. Upon receipt of a properly
completed application, the Chief of Police shall direct the application
to be reviewed and an on-site inspection of the storage area and tow
truck(s) to be conducted by the Police Department to determine if
the requirements as set forth in this chapter are met. Within a reasonable
time after completion of the review and inspection, the Chief of Police
shall either recommend approval or denial of the application to the
Town Board.
B.
Periodic inspections. The Chief of Police will make
quarterly on-site inspections of each tower's operating base and storage
area. During this inspection, all required records, forms, tow trucks,
storage areas, lighting, security, tow truck equipment, etc., is subject
to inspection. The result of this inspection will be made part of
the towing company's permanent file.
C.
Compliance. Towers will have 15 days to bring any
deficiency noted during an inspection into compliance with the provisions
of this chapter. Failure to do so will be grounds for cancellation
of the license of authorization.
[Amended 4-18-2016 by L.L. No. 3-2016]
A.
An authorized Town tower shall provide copies of its receipts to
the Police Department on a weekly basis. This will be accomplished
by providing the Police Department with copies of these receipts no
later than the end of business on Saturday of each week. These receipts
shall reflect all towing work done for the Police Department during
the previous week.
B.
The Police Department shall conduct a monthly audit of receipts received
by all authorized Town towers.
An authorized Town tower may be removed from
service by the Chief of Police via the process of rescinding the letter
of authorization prior to the annual expiration date for violating
the provisions of the letter of authorization, this chapter or for
making materially false statements on the application for a letter
of authorization.
In the event that the Chief of Police refuses
to renew or revokes or suspends a letter of authorization, the authorized
Town tower shall have the right to appeal such refusal, revocation
or suspension to the Town Board, in accordance with the following
provisions:
B.
Whenever it shall be provided herein that a hearing
shall be held, such hearing shall be held on a date and at a place
and hour designated by the Town Board.
C.
The Town Clerk of the Town of Cheektowaga shall give
notice of any hearing to be held hereunder, stating the name and business
address of the authorized Town tower concerned, the subject matter
of the hearing and the date, place and hour designated therefor, by
mailing to the business address shown upon the most recent application
of such tower at least 10 days prior to the date of such hearing.
D.
At any hearing held for the refusal, revocation, suspension
or removal of a tower from a list, such tower 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.
