It shall be unlawful for any person to operate
any tow truck owned or controlled by him/her or permit the same to
be operated within the enforcement jurisdiction of the Town of North
Hempstead without first having obtained and then having in force an
owner's license therefor as hereinafter provided.
Every license issued hereunder shall expire
on the 30th day of June next succeeding the date of its issuance,
unless sooner revoked by the Town Clerk as hereinafter provided.
Every person who desires to operate a tow truck
or tow trucks owned by him/her within the Town of North Hempstead
shall file with the Town Clerk a written application upon forms to
be furnished by the Town Clerk, verified under oath, stating:
A.
The name and address of the applicant and address
of the place from which tow trucks are proposed to be garaged and
dispatched, specifying, in the case of any corporation or unincorporated
association, the names and addresses of each officer.
B.
All crimes of which the applicant or any member thereof
if an unincorporated association, or any officer thereof if a corporation,
has been convicted, stating the name and location of the court and
the date on which such convictions were had and the penalties imposed
therefor.
C.
The experience of the applicant in the towing of vehicles
for hire.
D.
Any facts which tend to prove that the public convenience
requires the granting of a license to the applicant.
E.
The number of vehicles proposed to be operated by
the applicant and a description of each such vehicle, including the
make, model, year of manufacture, New York State registration number
and vehicle identification number thereof.
F.
The age and citizenship of the applicant and each
member thereof if an unincorporated association and each officer thereof
if a corporation.
G.
The location of any garages, storage areas and terminals
proposed to be used by the applicant.
H.
In the case of an application for an unrestricted license, whether the applicant wishes his/her name to appear on one or more of the Town tow truck rosters as detailed in § 55-46.
I.
Any other relevant information which the Town Clerk
may require.
A.
Applicants for a restricted license or supplementary
restricted license will be required to pay a nonrefundable fee of
$60 and will be limited to normal towing and will not be permitted
at scenes of accidents.
B.
Applicants for an unrestricted or supplementary unrestricted
license will be required to pay a nonrefundable fee of $60 and will
be allowed at accident scenes. The unrestricted licensee will qualify
as provided below:
(1)
The licensee owns or leases, pursuant to a written
lease with a term that is at least as long as the time period covered
by the license, operates and maintains a bona fide terminal within
the Town of North Hempstead or an incorporated village within the
area of the Town of North Hempstead.
(2)
Such terminal maintains twenty-four-hour on-premises
service to respond to emergency calls regarding motor vehicles.
(3)
The tow truck or trucks of such licensee are equipped
with a lifting boom or similar device in the rear of the truck, as
well as equipment to push all types of vehicles, a minimum one-and-one-half-ton
power winch, dolly wheels, a snatch block, at least 100 feet of three-eighths-inch
steel cable, a fire extinguisher, a crowbar, an emergency flashing
light, at least one dozen flares, a heavy-duty broom, a shovel, Speedidry
or a similar substance for the absorption of gas and/or oil spilled
at the site, safety chains, an emergency first aid kit and jumper
cables.
(4)
The licensee shall maintain on its premises a six-foot-high
fenced containment area of sufficient size so that all cars are adequately
secured, with a self-locking gate for the storage of disabled, damaged
or wrecked vehicles removed from public property under the provisions
of this chapter.
(5)
The licensee operates a motor vehicle repair shop licensed by the State of New York within the Town of North Hempstead or an incorporated village within the Town of North Hempstead, or provides towing service pursuant to a duly executed written contract or contracts, with a term or terms at least as long as the time period covered by the license, with no more than two motor vehicle repair shops licensed by the State of New York and located within the Town of North Hempstead or an incorporated village within the Town of North Hempstead. Nothing herein or in any other section of this chapter shall obligate a vehicle owner whose car is towed from the scene of an accident by a licensee pursuant to § 55-46 to utilize such licensee or a motor vehicle repair shop with which such licensee contracts to perform any repairs to his/her vehicle.
(6)
The licensee displays at its terminal or terminals a sign or signs which clearly indicate the name of the licensee. Said sign or signs shall comply with all requirements of Chapter 70, Zoning, of the Code of the Town of North Hempstead or, in the case of a terminal located within an incorporated village, with the zoning ordinance of such village.
Every individual applicant for an owner's license
shall, at the time of submitting his/her application:
A.
Submit two individual photographs of the applicant
taken within 30 days prior to the date of the application, such photographs
to be one and one-half by one and one-half (1 1/2 x 1 1/2)
inches in size, and such pictures must be in a true likeness of the
applicant and must show neck, shoulders and uncovered head.
B.
Be fingerprinted under the direction and supervision
of the Town Clerk.
[Amended 9-10-2002 by L.L. No. 13-2002]
Upon receipt of any application, the Town Clerk
may refer same, including fingerprints and the required processing
fee, to the New York State Division of Criminal Justice Services for
such investigation and reports as may be deemed necessary or advisable.
A.
If the Town Clerk shall find that tow truck service in the Town, and particularly in the area in which the applicant proposes to operate, is required by the public convenience and necessity and find from the statements contained in the application for a tow truck owner's license that the applicant is a fit person and capable of properly conducting such tow truck business and conforming to the provisions of this chapter, then the Town Clerk, upon the certification of each tow truck proposed to be operated by the applicant pursuant to § 55-5 hereof and the furnishing by the applicant of proof of insurance as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof and the number of vehicles the applicant is authorized to operate. At the same time the Town Clerk shall issue for each vehicle licensed hereunder a license bearing the words "Licensed Tow Truck," and assigned number and the year of issuance; otherwise such application shall be denied.
B.
Before making any findings as to whether public convenience and necessity justify the issuance of a tow truck owner's license or the licensing of additional tow trucks under § 55-12 hereof, the Town Clerk shall cause to be published in a newspaper of general circulation in the Town of North Hempstead a notice stating that application has been made for the licensing of a vehicle or vehicles as tow trucks plus the number of vehicles for which such application has been made, and containing a statement that written arguments as to whether public convenience and necessity require the licensing of such vehicles must be filed with the Town Clerk on or before the date fixed therein, which date must be not less than eight days after the date of such publication. Any arguments so filed must be considered by the Town Clerk in making his/her findings as to public convenience and necessity.
In making the findings required by § 55-9 hereof, the Town Clerk shall take into consideration the number of tow trucks already in operation in the Town, particularly in the area in which the applicant proposes to locate his/her garages, storage areas and terminals; whether existing tow truck service is adequate to meet the public need; the probable effect of additional tow trucks on local traffic conditions; the character, experience and responsibility of the applicant; and the adequacy of the service which the applicant proposes to give.
The Town Clerk may, in his/her discretion, before the issuance of a license under § 55-9, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto, or hold a hearing upon such application as hereinafter provided.
A.
Every owner licensed under § 55-9 who desires to add to the number of tow trucks he/she is duly licensed to operate shall file a written application under oath with the Town Clerk, stating:
(1)
The name and address of the applicant.
(2)
The applicant/owner's license number.
(3)
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such addition.
(4)
A description of each such additional tow truck, including
the make, model and year of manufacture.
B.
If the Town Clerk shall find that public necessity warrants the addition of the tow truck(s), then he/she shall issue a supplementary owner's license stating the name and address of the applicant; the number of the owner's operator's license; the vehicle identification number(s) and New York State registration number(s) of the vehicle(s); the number of additional vehicles the owner is authorized to operate; the date of issuance thereof; and, at the same time, a license for each additional tow truck in the form as provided in § 55-9 hereof. Otherwise such application shall be denied.
A.
Every owner licensed under this chapter who desires
to add additional places of tow truck service or who desires to transfer
a place of tow truck service shall file with the Town Clerk a written
application under oath, stating:
B.
If the Town Clerk shall find that the additional places
or transfer of tow truck service is in the public interest, then he/she
shall issue written authorization setting forth the additional places
or transfer, as the case may be, and the date thereof; otherwise such
application shall be denied.
Any license issued under this Article may be
renewed annually for additional periods of one year each from the
date of expiration upon the filing of an application containing all
the information required by the provision of this chapter for original
applications, with the exception of any allegation as to public necessity.
A.
Prior to the issuance of a license under this chapter,
each applicant shall file with the Town Clerk evidence that he/she
is insured against public liability in the limits of $300,000 for
personal injury to each person, $500,000 for personal injury for each
accident and $25,000 for property damage, which insurance shall be
maintained in force during the period covered by the license.
B.
Prior to the issuance of an unrestricted license,
the applicant shall also provide proof of garage keeper's legal liability
insurance in the limit of $50,000, which insurance shall include coverage
for vehicles being towed and shall be maintained in force during the
period covered by the license.
C.
All insurance policies provided for in this section
must be issued by an insurance company duly recognized by the New
York State Insurance Department and licensed to do business within
the State of New York.
The owner's license issued hereunder shall not
be transferable.
