As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED VEHICLE
A vehicle as defined in § 1224 of the Vehicle and
Traffic Law of the State of New York.
ACCIDENT
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.
AUTHORIZED DRIVER
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.
AUTHORIZED INVOICE
An invoice approved by the Chief of Police of the Town of
Cheektowaga which contains:
A.
The name, address and telephone number of an
authorized Town tower.
B.
A Master Card and Visa Card logo.
C.
A list of current towing charges of the authorized
Town tower.
AUTHORIZED TOWN TOWER
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.
AUTHORIZED TOW TRUCK
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]
A.
Must have a minimum manufacturer's gross vehicle
weight rating (GVWR) of at least 10,000 pounds.
B.
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.
C.
Equipped as set forth in §
241-9 of this chapter.
D.
Registered as a tow truck vehicle with the New
York State Department of Motor Vehicles.
CHIEF OF POLICE
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.
LETTER OF AUTHORIZATION
A document signed by the Chief of Police authorizing a towing
company to provide service for the Town of Cheektowaga Police Department
and which:
B.
Specifies all the terms an authorized Town tower
must abide by.
C.
May be rescinded by either party upon giving
the other party 24 hours' prior written notice.
TOWING
The carrying, lifting or moving of a single motor vehicle
by another motor vehicle.
TOWN
The Town of Cheektowaga.
TOWN BOARD
The Town Board of the Town of Cheektowaga.
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.
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.
[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).
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]
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.
[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.
[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:
A. Refusal, revocation or suspension of a letter of authorization shall be determined by the Town Board after a hearing held pursuant to the notification procedure listed in Subsections
B through
D of this section.
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.