[HISTORY: Adopted by the Town Board of the
Town of Niagara 7-17-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
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 in the Town of Niagara; to supervise and control the
operation of towing businesses that are granted permission to tow
for the Town of Niagara; to remove and dispose of vehicles abandoned
on streets and private property located in the Town of Niagara; and
to prevent excessive fees being charged to Town of Niagara residents.
B.
The provisions of this chapter shall not prohibit
the driver or owner of a vehicle which needs towing service from contracting
with any tow company of his or her choice, provided that:
(1)
The vehicle is not being towed by police order pursuant
to an arrest or a violation of law or statute or for police investigation;
and
(2)
The towing service contracted with has the ability
to and actually does respond within 15 minutes, taking into consideration
traffic conditions and the safety and well-being of those affected
by the situation.
C.
Services provided by an authorized Town tower not
specifically covered by this chapter shall not be regulated by the
Town of Niagara 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 be the meaning 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.
An invoice approved by the Chief of Police of the Town of
Niagara which contains:
A towing company which is located within the Town of Niagara
and which has been approved by the Town of Niagara Chief of Police
to tow vehicles on behalf of the Town of Niagara Police Department.
A specially equipped vehicle designed for the towing or pushing
of disabled vehicles and registered as such with the New York State
Department of Motor Vehicles.
The Chief of Police of the Town of Niagara or any other member
of the Town of Niagara Police Department designated by the Chief of
Police of the Town of Niagara to perform duties under this chapter.
A person who operates or drives or is in actual physical
control of an authorized tow truck upon the highways located in the
Town of Niagara.
A document signed by the Chief of Police authorizing a towing
company to provide service for the Town of Niagara Police Department
and which:
Town of Niagara Police Department.
The carrying, lifting or moving of a single motor vehicle
by another motor vehicle.
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.
G.
When there are outstanding traffic warrants or fines
for parking violations under the New York State Vehicle and Traffic
Law or Town of Niagara Code.
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 as an authorized Town towing service 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 located in the Town of Niagara for
permission to be designated as authorized towing service.
B.
Determine the number of authorized towing companies.
C.
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 a letter of authority 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 and his or her
address and telephone number.
(3)
The name, address and telephone number of the contact
person at the business.
(4)
A copy of the Town of Niagara business certificate.
(5)
A copy of the New York State register repair shop
license.
(6)
A copy of the applicant's garage keeper's liability
insurance company policy.
(7)
A copy of the applicant's New York state sales tax
certificate.
(8)
A copy of the applicant's real property deed or a
bona fide lease demonstrating rental of a minimum of 80% of the parcel
utilized for its business.
(9)
The location and size of the storage area.
(10)
The hours the storage area is supervised.
(11)
The height and type of construction of fence surrounding
the storage area.
(12)
A description of the trucks and owners' names (including
year, make, model, vehicle identification number and New York State
registration number).
(13)
The number of trucks available for towing.
(14)
The number, names, addresses and dates of birth of
drivers available for tow trucks.
(15)
The flatbeds available.
(16)
The certificate of insurance documenting general liability
and automobile liability coverage naming the Town of Niagara as additional
named insured with limits of liability of at least $1,000,000 for
personal injury and property damage. The certificate of insurance
shall be subject to the approval of the Town Attorney.
(17)
Permission shall be granted by the applicant for an
on-site inspection of the applicant's premises by the Chief of Police.
(18)
Proof that the towing company is operating on a site
properly zoned for such activity.
B.
Term of letter of authorization.
(1)
If an authorized Town towing service is designated
as authorized to tow, such firm will be issued a letter of authorization,
which will expire on December 31, 2007, or December 31 of the next
odd-numbered year. Reissuance 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 not longer
than two years or until December 31 of the same year if odd numbered
or until December 31 of the next odd-numbered year. The Chief of Police
may renew this letter without requiring a new application, or he may
decline the letter of authorization at his sole discretion.
(3)
Nothing in this chapter shall prohibit a towing company
from reapplying for designation as an authorized towing service.
A.
A towing company must meet the following minimum requirements
before it will be considered as an authorized tow service:
(1)
The applicant's tow truck(s) must be equipped and licensed in accordance with § 229-9 of this chapter.
(2)
All of the requirements of § 229-9 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 must
be obtained and submitted to the Chief of Police.
(4)
The applicant must own or lease a facility that complies with the provision of § 229-10 of this chapter.
(5)
The facility and property must be within the Town of Niagara at a location that is zoned properly for such type of business and must comply with all laws of the Town, County of Niagara and State of New York. All towing companies licensed under this chapter must be located in either a Light Industrial District (LI) or Heavy Industrial District (HI) as defined in the Town of Niagara Zoning Code (i.e., Chapter 245).
(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.
(7)
Comply with all New York State Vehicle and Traffic
Law requirements for tow trucks and towing agencies.
B.
An authorized towing service must also meet the following
requirements:
(1)
An authorized Town towing service must be available
24 hours a day, seven days a week.
(2)
The towing service using an answering service or pager
must return the call to police headquarters within five minutes with
its acceptance or refusal or the next tow company will be called.
(3)
The towing service must provide rapid service: must
respond to the scene within 15 minutes, except in emergencies, when
immediate service is required.
(5)
There must be a building or other acceptable office
facility on the storage site.
(6)
The office shall be staffed, at the minimum, at the
following times: Mondays through Fridays from 8:00 a.m. to 5:00 p.m.,
and Saturdays from 8:00 a.m. to 1:00 p.m. The telephone number(s)
for twenty-four-hour retrieval must be posted in a conspicuous place
on the storage site.
(7)
The towing service must have a sufficient supply of
business cards for clients, containing the address, and phone numbers
of its business.
(8)
The towing service must maintain at least one tow truck, as specified in § 229-10 of this chapter.
(9)
Vehicles shall be subject to periodic inspection by
the Chief of Police.
(11)
The towing service shall be allowed to take vehicles
only to the designated area, unless authorized emergency storage is
ordered by the Chief of Police.
(12)
The towed vehicle must be towed only by the assigned
authorized Town towing service. No substitute towing is allowed.
(13)
Each authorized towing service will provide a maximum
of seven free towing/winching and jump start service calls for Town
police cars and light trucks within the calendar year. Service calls
in excess of seven for towing/winching shall be charged to the Town
at the rate stipulated in this chapter. Service calls in excess of
seven for jump start service calls will be charged to the Town at
a rate of $25 per service call. These vehicles will be towed to the
Town garage at 7105 Lockport Road.
C.
An authorized Town towing service shall, as a condition
to being designated as an authorized Town towing service, agree to
accept and abide by all of the terms of this chapter.
Authorized 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 (30 minutes).
D.
A safety chain.
E.
Oil- and gas-absorbent materials.
F.
A shovel.
G.
A broom.
H.
A commercially manufactured rigid tow bar with slings
or a commercially manufactured wheel lift.
I.
A commercially made lifting boom.
J.
A four-ton power winch equipped with 100 feet of three-eighths-inch
steel cable.
K.
50 feet of additional cable or chain.
L.
One pair of chains eight feet in length with J hooks
and T hooks attached.
M.
A tow block (may use a four-foot piece of a wooded
four-by-four, if no wheel lift is available).
N.
Scotch blocks.
O.
A trailer for motorcycles, all-terrain vehicles, and
snowmobiles. (A flatbed would satisfy this requirement.)
P.
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.
Q.
Work lights directed to the rear of the vehicle to
illuminate the area behind the tow truck.
R.
Accessory lights to be used on the vehicle being towed.
A.
Any vehicle removed by an authorized towing service
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 hour 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.
D.
Any actual or suspected tampering with towed vehicles
or any theft must be reported to the Police Department immediately.
E.
The towing service must notify the Police Department
of any vehicle it has in its possession for 72 hours without having
been contacted by the owner/representative of the owner thereof. The
towing service will contact the Police Department during normal business
hours, Mondays through Fridays, at the earliest possible time following
the advent of the 72 hours.
F.
Every towing service shall provide a written list
of all vehicles that have been in its possession in excess of seven
calendar days. This list will be delivered to the Chief of Police
or his designee each week, on Monday mornings no later than 11:00
a.m.
A.
The authorized Town towing service shall, without
delay, report to the Chief of Police the removal and disposition of
any vehicle removed as provided in this chapter.
B.
The towing service shall keep accurate and orderly
records of all vehicles towed, in a manner prescribed by the Chief
of Police.
The Chief of Police will establish procedures
and shall disseminate standardized forms to be used for releasing
all impounded vehicles.
Authorized Town towing services shall not charge
more than the following fees for the respective services:
|
Service
|
Fee
| ||
|---|---|---|---|
|
Passenger vehicles and light trucks:
| |||
|
Standard (vehicles up to 10,000 pounds)
| |||
|
Normal business hours
|
$95
| ||
|
After 5:00 p.m. and weekends
|
$115
| ||
|
Flatbed
| |||
|
Normal business hours
|
$115
| ||
|
After 5:00 p.m. and weekends
|
$135
| ||
|
Additional fees for labor, recovery and towing
| |||
|
Truck and driver hourly rate
|
$55
| ||
|
Trailer for motorcycle, ATV, snowmobile
|
$25
| ||
|
Winching, per 1/4 hour
|
$15
| ||
|
Storage, per day
| |||
|
Outside storage
|
$25
| ||
|
Inside storage
|
$35
| ||
|
Releasing after 5:00 p.m. weekdays or other
than required business hours on Saturdays, Sundays and holidays
|
$25
| ||
|
Heavy trucks, buses, tractor trailers and machinery
(vehicles over 10,000 pounds)
| |||
|
Hook up and tow
|
$175
| ||
|
Additional labor fees for heavy vehicle recovery
and towing:
| |||
|
Air hookup
|
$15
| ||
|
Mechanically release brakes (per axle)
|
$15
| ||
|
Drop trailer from tractor
|
$20
| ||
|
Remove axle (per axle)
|
$20
| ||
|
Remove drive shaft
|
$25
| ||
|
Remove bumper
|
$25
| ||
|
Trailer towed behind vehicle
|
$50
| ||
|
Winching
|
$100
| ||
|
Additional labor (hourly per person)
|
$40
| ||
|
Flatbed, per hour
|
$100
| ||
|
Storage, per twenty-four-hour day
| |||
|
Tractor
|
$25
| ||
|
Trailer
|
$45
| ||
|
Bus
|
$ 45
| ||
|
Truck over 20 feet long
|
$25
| ||
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 approve or deny the application.
B.
Periodic inspections. The Chief of Police will make
semiannual on-site inspections of each towing service operating base
and storage area. During this inspection, all required records, forms,
tow trucks, storage areas, lighting, security, and tow truck equipment
will be subject to inspection. The result of this inspection will
be made part of the towing company's permanent file.
C.
Compliance. The towing service 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 letter of authorization.
D.
Tow truck operators will keep all trucks and equipment
clean at all times, and any police officer can issue tickets for violation
of this requirement at any time.
A.
Tow company records related to towing of disabled
and abandoned vehicles at the direction of the Police Department shall
be subject to audit by the Town upon request by the Town.
B.
Tow companies which fail to pay the licensee fees
to the Town within 30 days of the billing date will be removed from
the tow list. The Town Clerk shall notify the Police Department of
any unpaid invoices.
A.
An authorized towing service 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, any provision of this chapter
or for making materially false statements on the application for a
letter of authorization.
B.
If removed from the tow list, a processing fee equal
to the biennial payment will be submitted with the application for
reinstatement.
In the event that the Chief of Police refuses
to renew or revokes or suspends a letter of authorization, the authorized
towing service shall have the right to appeal such refusal, revocation
or suspension to the Town Supervisor, 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 Supervisor.
C.
The Town Clerk of the Town of Niagara shall give notice
of any hearing to be held hereunder, stating the name and business
address of the authorized Town towing service concerned, the subject
matter of the hearing and the date, place and hour designated therefor,
by mailing a copy of such notice to the towing service at the business
address shown upon the most recent application of such towing service
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 towing service from the list, such towing service
shall be entitled to be represented by legal counsel and to present
testimony or other evidence in its own behalf, as may be relevant
to the subject matter of the hearing.
E.
The decision of the Town Supervisor will be final
and binding and reviewable only pursuant to procedures under Article
78 of the New York Civil Practice Law and Rules.
Should any section or provision of this chapter
be decided by any court to be unconstitutional or invalid, such decision
shall not affect the validity of this chapter as a whole or any part
hereof other than the part so decided to be unconstitutional or invalid.
The local law shall become effective on August
1, 2007.
