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.
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.
C. Submit copies of any written agreements which authorize the applicant to tow unauthorized parked cars from private property pursuant to §
55-40 of this chapter.
[Added 9-24-2020 by L.L. No. 10-2020]
[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.
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.
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.
No license shall be issued or renewed under this Article which shall permit the use of any vehicle as a tow truck unless and until such vehicle has been inspected and certified by the Town Clerk or his/her representative as conforming to the requirements of §§
55-33 and
55-34 hereof.
The owner's license issued hereunder shall not
be transferable.