Unless otherwise expressly provided, for the
purpose of this chapter the following words shall have the meanings
herein indicated:
ACCIDENT
Any incident or occurrence in which one or more vehicles
come into contact with each other or other objects, thereby causing
personal injury or property damage.
AUTHORIZED AGENT
An individual, excluding the tow truck owner or operator,
authorized by the property owner to act on the property owner’s
behalf to authorize a tow.
[Added 7-19-2005 by L.L. No. 4-2005]
DRIVER
Any person driving a tow truck for hire within the enforcement
jurisdiction of the Town of North Hempstead.
FOR HIRE
Any incident where a fee, charge or other consideration is
directly or indirectly imposed for towing, carrying or removing any
vehicle and shall be inclusive of repairs made on a towed vehicle
for a consideration although no charge is expressly imposed for the
towing of such vehicle.
OPERATE
The control and direction of the use of a vehicle for towing
from places within the enforcement jurisdiction of the Town of North
Hempstead.
OPERATOR
A person or entity that controls and directs the use of a
vehicle for towing from places within the enforcement jurisdiction
of the Town of North Hempstead.
[Added 9-24-2020 by L.L. No. 10-2020]
OWNER
A person owning, leasing or controlling one or more tow trucks
and driving, operating or causing any such vehicle to be operated
for hire within the enforcement jurisdiction of the Town of North
Hempstead.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
RESTRICTED LICENSE
That license issued to the owners of towing trucks and authorizing
the holder thereof to engage in all tow truck operations, except that
he/she may not respond to the scene of an accident or remove a disabled
vehicle from the scene of an accident; nor may he/she solicit any
person involved in an accident at the scene of such accident for the
towing of such vehicle, whether directly or indirectly, on his/her
behalf or on behalf of any other person, firm or corporation; nor
may he/she at the scene of an accident where towing is required make
an estimate of the cost of repairs or offer to make such an estimate
or offer to make such repairs, although no charge is imposed for towing.
No such solicitation shall be made at the scene of the accident nor
from private property in the vicinity of the scene of the accident.
SCENE OF ACCIDENT
Any area of a street or private property where a vehicular
accident has occurred or 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/their own power or by a properly licensed
tow truck.
SOLICIT
To entreat, to approach with a request or plea, to strongly
urge, to accost or to try to obtain by asking.
TERMINAL
Any place of business maintaining twenty-four-hour service
and located within the Town of North Hempstead or within an incorporated
village located within the area of the Town of North Hempstead where
the licensee, as the sole business activity conducted on the premises,
or in conjunction with a business activity on the premises owned or
operated by the licensee, maintains a licensed tow truck to respond
to calls regarding motor vehicles.
TOWING
The moving or removing of a disabled or abandoned motor vehicle
by another vehicle for hire.
TOWING TRUCK or TOW TRUCK
A vehicle which either is towing or is equipped with a crane,
winch or similar device designed to raise, remove, push, pull or carry
a motor vehicle or the front or rear end thereof. For the purpose
of this definition, the following shall not be considered "towing
trucks":
A.
Vehicles of a governmental agency.
B.
Vehicles used exclusively for towing 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 no less than three
inches high, the legend "not for public hire."
TOWN
The unincorporated area of the Town of North Hempstead, including both public highways and private property, and excluding the incorporated villages located therein unless provisions of §
55-53B are applicable.
UNRESTRICTED LICENSE
That license which is issued to the owners of towing trucks
authorizing the holder thereof to engage in all tow truck operations,
including responding to the scene of an accident as hereinafter provided.
The Town Clerk shall have authority to limit the number of unrestricted
towing truck licenses to be issued hereunder to any one licensee in
accordance with such reasonable standards as he/she may establish.