[Amended 12-20-1993 by L.L. No. 8-1993]
The Board of Trustees of the Incorporated Village
of Freeport hereby declares and finds that it is of vital importance
to the residents and taxpayers of the Village and the traveling public
that disabled, unattended, abandoned and unauthorized parked motor
vehicles be removed from both public and private property as promptly
as possible. The Board further finds that the towing of said motor
vehicles from said locations and through the public streets and highways
in the Village is a matter affecting the public interest, safety and
general welfare and, consequently, should be subject to the regulation,
supervision and administrative control of the Village for the purpose
of safeguarding the public against fraud, exorbitant rates and charges
and similar abuses in the course of receiving such services.
[Amended 12-20-1993 by L.L. No. 9-1993; 3-20-2006 by L.L. No. 2-2006]
Unless otherwise expressly provided, the following
words, for the purpose of this chapter, shall have the meaning herein
indicated:
Any incident or occurrence in which one or more vehicles
come into contact with each other or another object, thereby causing
personal injury or property damage.
Any incident where a fee, charge or other consideration is
imposed for towing, carrying or removing a motor vehicle from public
or private property or a public street or highway in the Village.
As defined by § 398-b of the Vehicle and Traffic Law
of the State of New York, commonly referred to as the definition section
of the Motor Vehicle Repair Shop Registration Act.
The control and direction of the use of a vehicle and the
use of a vehicle for towing from places within the Village.
A person owning or leasing or controlling one or more tow
cars and driving or operating or causing any such vehicle to be operated
upon the public streets and highways within the Village of Freeport
for hire.
An individual, a partnership, any unincorporated association,
a corporation or any other entity.
Includes any area of a street to which a vehicle is removed
to prevent obstruction of traffic, and will remain so until the vehicle
or vehicles are removed either under its or their own power or by
a properly licensed tow car.
A vehicle which is either towing or is equipped with a crane,
winch or similar device designed to raise, remove or carry a motor
vehicle or the front or rear end thereof. For the purpose of this
section, the following shall not be considered "towing cars":
A. Vehicles of a governmental agency.
B. Vehicles used exclusively for towing disabled
motor vehicles which are owned, leased or operated by the owner or
lessee of the towing vehicle or by a person, firm or corporation which
is affiliated with the owner or lessee of the towing vehicle, and
such vehicles have legibly inscribed on each side in letters not less
than two inches high the legend "not for public hire."
The moving of a vehicle from public or private property by
another vehicle for hire or where the towing service is performed
by a person engaged in the servicing or repairing of vehicles.
A motor vehicle as defined in § 125 of the Vehicle and
Traffic Law of the State of New York; a bus as defined in § 104
of such law; a tractor as defined in § 151-a of such law; a trailer
as defined in § 156 of such law; or a truck as defined in §
158 of such law.
The Incorporated Village of Freeport.
[Amended 6-13-1977 by L.L. No. 9-1977]
Each tow car operated hereunder shall bear the
words "Tow Car" on the outside of each front door and shall have its
license affixed to the left side door.
[Amended 4-23-1973; 6-13-1977 by L.L. No. 9-1977; 1-11-1982 by L.L. No.
1-1982; 2-26-1990 by L.L. No. 37-1990; 12-20-1993 by L.L. No.
10-1993]
A.
The owner of a tow car shall prepare a typewritten
schedule, in triplicate, of maximum prices to be charged for towing
and storing of motor vehicles, and all three copies of such schedule
shall be filed with the Village Clerk. The charges for towing shall
be based upon the distance said vehicles are to be towed and not estimated
or based upon the availability of tow cars. Also included in such
schedule of towing charges shall be all charges for additional labor
for the use of dollies or flatbed trucks when same are required due
to the condition of the vehicle to be towed, and the use of special
skills when the same are required to right an overturned vehicle.
All towing and storage charges shall be shown on the authorization
of towing form before a signature is obtained. The Board of Trustees
by resolution shall adopt and from time to time may amend a schedule
of maximum charges chargeable by licensed tow car owners for the towing
and storage of motor vehicles.[1]
[1]
Editor's Note: The current resolution is
on file in the office of the Village Clerk.
B.
The aforesaid towing charges shall apply to all motor
vehicles except buses, tractors and trailers, as defined herein, and
except those trucks exceeding one and one-half (1 1/2) tons in
capacity; nor shall they apply to towing under a contract which was
in existence prior to the motor vehicle involved having become disabled.
[Amended 12-20-1993 by L.L. No. 11-1993]
A.
Preparation; contents. The owner of a tow car shall
have prepared a pad of bills containing a printed billhead showing
the name and address of his place of business. The operator of a tow
car shall prepare a bill for towing and/or storage on his billhead
form, in duplicate, the original of which shall be furnished to the
owner of the abandoned, unattended, disabled or unauthorized parked
vehicle or his authorized representative. This bill must be printed
in a form approved by the Village Clerk and shall contain the following
information:
(1)
Full name and address of person engaging tow car.
(2)
State registration number of the vehicle to be towed.
(3)
Total amount to be charged for towing and storage
rate per 24 hours or part thereof.
(4)
Full name and address of operator of tow car.
(5)
State registration number of tow car.
(6)
Tow car license number.
B.
Disposition. The duplicate of the bill shall be retained
by the tow car owner for a period of six months. These bills shall
be exhibited upon demand of the Village Attorney or any member of
the Police Department. Upon payment of the bill given to the owner
of the towed vehicle or his authorized representative, the licensee
shall acknowledge receipt of payment of such bill.
[Amended 12-20-1993 by L.L. No. 12-1993]
A.
Required.
(1)
No vehicle requiring towing shall be removed without
an authorization on a form prescribed by the Village Clerk and signed
by the vehicle owner or operator, property owner, Police Chief or
other authorized persons or agents in charge thereof. The following
persons shall be authorized to execute said form as follows:
(a)
The vehicle owner or operator or his authorized
agent or representative, when the vehicle has been involved in an
accident or is otherwise disabled and the owner or operator is alive,
conscious and capable of giving such authorization.
(b)
The Chief of Police or his duly authorized agent
or representative when:
[1]
The vehicle must be towed due to snowfall, flood,
fire or other extraordinary conditions affecting the normal flow of
traffic;
[2]
The vehicle is parked or has been allowed to
remain upon any public street or highway in the Village, or a Village
parking field, Village park or any other public property, and is in
a disabled condition so as to be incapable of operation;
[3]
The vehicle has been allowed to remain on a
public street or highway or Village parking field, Village park or
any other public property and its position is at such an hour or in
such a location as to constitute a potential hazard or obstruction
to the normal flow of traffic;
[4]
The vehicle has been left unattended on any
public street or highway or Village parking field, Village park or
any other public property after the owner or operator has been notified
to remove same; after efforts to notify the owner or operator have
proved futile;
[5]
The vehicle has been abandoned; or
[6]
The owner or operator is deceased, disabled,
unconscious or otherwise incapable of giving authorization.
(2)
Such authorization shall be for the towing and storage
of the vehicle only and shall show the rates to be charged for towing
and storing said vehicle. Such signed authorization shall be retained
by the licensed tow car owner for a period of six months and shall
be exhibited upon demand to the Village Attorney or any member of
the Police Department.
B.
Form. The towing authorization required hereunder
must be in substantially the following form:
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Towing Authorization
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(Insert name, address and phone number of licensed
towing company)
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Date
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Name
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Address
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(City) (Town)
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Make and type of car __________Year
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State registration number
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Vehicle identification number
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Towed from __________ to
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Towing charges: $ __________ (Amount shown on
filed schedule, not to exceed the maximum fees and charges contained
in the schedule adopted, and from time to time amended, by resolution
of the Board of Trustees.)
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Storage charges: $ __________ (Amount shown
on filed schedule, not to exceed the maximum fees and charges contained
in the schedule adopted, and from time to time amended, by resolution
by the Board of Trustees.)
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Tow car driver's name
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Address
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License number
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Tow car's medallion number
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State registration
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I authorize the towing of the above automobile.
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(Signature of owner or person in charge)
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C.
No motor vehicle which is parked on private property
shall be towed without authorization of the property owner where the
motor vehicle is located and unless the following requirements are
met:
(1)
The property owner or his authorized agent shall file
with the Police Department a copy of a written agreement authorizing
one or more tow car owners to tow unauthorized parked motor vehicles
located on the property owner's premises.
(2)
The property owner shall post in a conspicuous place or places and at all entrances to the property owner's premises signs stating that an unauthorized parked motor vehicle will be towed at the motor vehicle owner's expense, and such signs must state additionally where the motor vehicle can be recovered. Any and all signs required to be installed pursuant to this section shall comply with the applicable sections pertaining to signs as stated in the Village of Freeport Code, Chapter 210, Article XXI, Signs, with the exception that the maximum size of a sign place is thirty by thirty-six (30 x 36) inches.
(3)
The authorized tow car owner shall tow an unauthorized
parked motor vehicle only upon the direction and consent of the property
owner or his authorized agent of the premises where the unauthorized
vehicle is located. The property owner or his agent shall be present
at the location to give the required direction and consent to the
towing.
(5)
Towing, storage and labor charges for vehicles towed pursuant to this section shall be the same as those for vehicles towed from public property and shall be adopted or amended by resolution of the Board of Trustees pursuant to § 191-4.
(6)
No tow car owner shall tow any vehicle located on
private property without having fully complied with all the applicable
requirements of this chapter.
[Amended 6-13-1977 by L.L. No. 9-1977]
It shall be unlawful for any person to solicit
towing work at the scene of an accident in the Village, and it shall
be unlawful to respond to the scene of an accident until notified
by the Police Department.
[1]
Editor’s Note: Former § 191-8, Right to have vehicle
towed, as amended, was repealed 8-18-2014 by L.L. No. 6-2014.
It shall be unlawful for any tow car owner or his agent or any other person to remove a motor vehicle involved in an accident or otherwise disabled without an authorization, signed by the owner or other person in charge, on a form prescribed by § 191-6 hereof.
A.
Fee for estimate. No fee shall be charged, either
directly or indirectly, for making an estimate for repairs on any
motor vehicle involved in an accident or otherwise disabled without
the prior written consent of the owner of the disabled vehicle.
B.
Agreement for repairs. The agreement form for repairs
required hereunder must be in substantially the following form:
|
Agreement for Repairs
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|---|---|---|---|
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It is hereby agreed between
| |||
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(Insert name and address of owner or person
in charge or authorized to enter agreement) and __________ (Insert
name, address and telephone number if tow car licensee or repairer)
that __________ (owner or person in charge) agrees to pay the sum
of $ __________ to __________ (repairer) who, in consideration thereof,
agrees to repair a __________ (year, make and type of automobile)
New York State Registration Number __________ which was involved in
an accident and removed by a tow car.
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Date: __________ day of __________ 19 _____.
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Licensee
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(Owner) (Person in Charge)
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(Check appropriate one)
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A.
Signed agreement required. It shall be unlawful for any tow car owner or his agent or any other person to make repairs or to charge a fee, directly or indirectly, for making an estimate for repairs on any motor vehicle involved in an accident or otherwise disabled without entering into a signed agreement with the owner or other person in charge of said disabled motor vehicle fixing the cost on a form prescribed by § 191-10 hereof.
B.
Time lapse prescribed. It shall be unlawful for any
owner or his agent or any other person to enter into an agreement
for the repair or for the estimate for repairs, where the owner or
person in charge of the motor vehicle involved in an accident is to
be hospitalized because of such accident, until the expiration of
at least 24 hours from the time of such accident unless the injured
person has, before the expiration of said time, been discharged from
the hospital.
It shall be unlawful for any person to demand
or receive any payment in excess of the maximum charges permitted
by this article or shown on the schedule filed by the owner with the
Village Clerk.
Licensed tow car owners and their agents, when
required, will answer all communications received from the Village
Clerk.
