Each tow truck operated hereunder shall have
inscribed on the outside of each front door the trade name and terminal
address of the owner, in letters no less than two inches in height,
either painted or otherwise securely affixed. The medallion shall
be affixed to the left front door or in a conspicuous place adjacent
to the front door.
A tow truck owner shall have legibly inscribed
on each side of the tow truck, in letters and numerals not less than
one and one-half (1 1/2) inches in height, the lawful towing
rates, except that the Town Clerk may waive this provision upon the
determination that this provision is in conflict with requirements
of other state or municipal authorities.
A.
Towing charges.
[Amended 5-14-2002 by L.L. No. 7-2002; 2-16-2010 by L.L. No. 1-2010; 9-24-2020 by L.L. No. 10-2020]
(1)
The charges for towing shall be based solely upon
the distance that the motor vehicle is to be towed and shall not be
estimated or based upon the availability of tow trucks. Towing charges
shall be at the rates found in the Town of North Hempstead Fee Schedule
for the first mile or part thereof and not more than $5 for each additional
mile or part thereof.
B.
Storage charges. An operator may impose outside storage
charges at the rate found in the Town of North Hempstead Fee Schedule.
Inside storage charges may be determined by written agreement between
the parties. All vehicles must be stored on the premises of the licensee,
whether indoors or outdoors, and shall not be permitted on any public
highway.
[Amended 5-14-2002 by L.L. No. 7-2002; 2-16-2010 by L.L. No. 1-2010; 9-24-2020 by L.L. No. 10-2020]
C.
Labor charges. An operator may impose labor charges
at the rate(s) found in the Town of North Hempstead Fee Schedule.
[Amended 2-16-2010 by L.L. No. 1-2010; 9-24-2020 by L.L. No. 10-2020]
D.
Fuel surcharge. A fuel surcharge may be imposed by
tow truck owners or operators only upon authority of the Town Board,
acting upon the recommendation of the Town Clerk.
[Added 7-19-2005 by L.L. No. 4-2005]
E.
Exceptions. The maximum towing and storage charges
set forth the Town of North Hempstead Fee Schedule shall not apply
to:
[Amended 7-19-2005 by L.L. No. 4-2005; 9-24-2020 by L.L. No. 10-2020]
No fee shall be charged either directly or indirectly
for making an estimate for repairs on any motor vehicle involved in
an accident or otherwise disabled without the prior written consent
of the owner of the disabled vehicle. The agreement form for repairs
required hereunder must be in substantially the following form:
|
AGREEMENT FOR REPAIRS
|
|---|
|
It is hereby agreed between _________________________(enter
name and address of owner or person in charge authorized to enter
into agreement) and
|
|
|
|
|
|
|
|
|
|
(enter name, address, telephone number and license
number of tow truck of licensee or repairer) that ______________________(owner
or person in charge) agrees to pay the sum of __________dollars ($
) to ________________________________________________ (repairer) who,
in consideration thereof, agrees to repair a _______________________________________(year,
make and type of automobile) New York State Registration No. _____________,
which was involved in an accident or otherwise disabled and removed
by a tow truck.
|
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Dated at _________________________ this _____________________________day
|
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of , 20
|
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(signature of licensee)
|
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(signature of ( ) owner ( ) person
in charge) (check appropriate one)
|
[Amended 7-19-2005 by L.L. No. 4-2005; 2-16-2010 by L.L. No.
1-2010]
A.
Except as herein otherwise provided or provided in § 55-40, no motor vehicle shall be towed without an authorization on a form prescribed by the Town Clerk signed by the owner of the vehicle or other person in charge thereof. If no such person is present, conscious or capable, or if obtaining said signature would otherwise engender physical harm to a person, said vehicle shall be removed at the direction of the police officer at the scene. In the event that a police officer is unable or disinclined to direct the removal of the vehicle, the tow truck owner or driver shall tow the vehicle to its terminal and contemporaneously record on the towing authorization form, at the time of the tow, the reason for failing to obtain the requisite signature. In all such instances, the tow truck owner, or his or her designee, shall present the owner of the vehicle, or other person in charge thereof, upon their arrival at the terminal, the unsigned towing authorization form for signature.
B.
Towing authorization shall be for the towing, labor, fuel surcharge and storage of the vehicle only and shall show the rates to be charged for the towing, labor, fuel surcharge and storage of said vehicle. It is expressly prohibited to demand a charge for any service not specified herein (e.g., yard fee, cleanup, road service), to the extent that such charge is related in any manner whatsoever to a motor vehicle removed from an accident scene pursuant to the Town rotation system, except that nothing herein shall be construed to regulate fees for making an estimate for repairs, or such other charges related to said vehicle, upon prior written consent of the owner, as set forth in § 55-38 hereof.
C.
Signed
towing authorization forms shall be retained for a period of six months
and shall be exhibited upon demand by the vehicle owner or to an official
of the Town or any member of the Nassau County Police Department or
other police department. A copy of all towing authorizations executed
at accidents, or pursuant to an exception recognized herein, shall
be sent by each holder of an unrestricted license to the Town Clerk
on a monthly basis. Said authorization forms must be received in hand
or postmarked no later than the seventh day following the end of the
month preceding.
D.
The towing
authorization required hereunder must be substantially in the following
form:
|
TOWING AUTHORIZATION
| |||
|
Tow No.
| |||
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Police Officer
| |||
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(Insert name, address and phone number of licensed
towing company)
| |||
|
Date
| |||
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Name
| |||
|
Address
(Number) (Street)
| |||
|
(City) (Town) (State) (Zip
Code)
| |||
|
Make and type of car ___________________________
Year ____________
| |||
|
Plate number
| |||
|
Towing charges___________________________________________
(Amount shown not to exceed $125 for the first mile or part thereof;
each additional mile or part thereof, $5.)
| |||
|
Storage charges__________________________________________(Amount
shown not to exceed $15 for the first seven days and $30 for each
day thereafter. Inside storage may be determined by written agreement
between the parties.)
| |||
|
Labor charges
| |||
|
Tow truck driver's name
| |||
|
Address
| |||
|
License number
| |||
|
Tow truck's medallion number
| |||
|
Plate number
| |||
|
I authorize the towing of the above automobile
from
| |||
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to
| |||
|
| |||
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Signature of owner or other person in charge
of the motor vehicle or police officer at the scene
| |||
|
Print Name:
| |||
E.
Failure
to comply with the provisions of this section shall constitute an
offense within the meaning of the Penal Law of the State of New York.
[Amended 7-19-2005 by L.L. No. 4-2005]
No motor vehicle which is parked on private
property without authorization of the property owner shall be towed
therefrom unless the following conditions are met:
A.
The property owner or his/her authorized agent shall
file with the police precinct having jurisdiction a copy of a written
agreement authorizing one or more tow truck owners to tow unauthorized
parked cars. The agreement shall set forth:
(1)
Explicit authorization to tow or remove unauthorized
vehicles;
(2)
The rate to be charged vehicle owners and operators;
(3)
The business location, within the Town of North Hempstead,
where vehicles will be towed or removed and stored, and where they
may be redeemed; and
(4)
Copies of all licenses, certificates, and permits
issued by the Town.
B.
The property owner shall post in a conspicuous place
or places, and at all entrances, signs stating that unauthorized parked
cars will be towed away at the vehicle owner's expense and stating
where the vehicle can be recovered. No owner or operator of parking
facilities on private property shall tow or cause to be towed from
such private property any motor vehicle unless such owner or operator
shall have conspicuously posted and maintained upon such private property
a sign or signs setting forth the name and telephone number of the
tow owner. Any signs required to be installed pursuant to this section
must comply with the Building Zone Ordinance of the Town of North
Hempstead.[1]
C.
No vehicle shall be removed by a tow truck owner or
operator from private property without first obtaining contemporaneous
direction to tow by the owner of the private property or his or her
authorized agent. The following shall be recorded in a log book by
the tow owner or operator at the time of the tow: the identity of
the person who authorized the tow, the time the authorization was
received, the place of the tow, and the make, model and license plate
number of the vehicle to be towed. Log books shall be retained by
the tow owner for at least one year and shall be made immediately
available to the Town Clerk upon request.
D.
Solicitation of towing work by the owner, operator
or other occupant of a tow truck while on private property is prohibited.
Prior to each individual tow, contemporaneous authorization must precede
the tow truck operator's entry onto private property for towing purposes.
E.
Any tow truck owner or operator who tows a vehicle
shall remove the vehicle directly to its facility and shall, within
one hour of the vehicle's removal, notify the local police precinct
having jurisdiction over the area from which the vehicle was removed.
Thereafter, within 1 1/2 hours of the vehicle's removal, the tow truck
owner or operator shall notify the same local police precinct of the
following, in writing by hand delivery or via facsimile: the location
of the vehicle's storage site, the time the vehicle was removed, the
location from which the vehicle was removed, the name of the person
who authorized the removal, a description of the vehicle, proof of
the tow truck operator's valid North Hempstead tow truck license,
and the fact that the removal was pursuant to a contract with the
owner of the private property. The tow truck owner or operator shall
obtain the name of the person at such police precinct to whom such
information was reported and note such name on a trip record, together
with the time and date that the vehicle was removed, as well as the
location from where the vehicle was removed.
F.
If the registered owner or other person lawfully in
possession of the keys to the vehicle arrives at the scene of the
tow prior to the removal of the vehicle, and the vehicle is connected
to any apparatus for removal, then upon request and upon payment of
a service fee found in the Town of North Hempstead Fee Schedule, the
vehicle shall be disconnected from such apparatus, and such registered
owner or other person lawfully in possession of the keys to the vehicle
shall be allowed to remove the vehicle from the premises without interference.
Upon payment of the service fee, a receipt shall be given by the tow
truck owner or operator. Each tow truck operator shall carry a legible
copy of this section of the law, with this paragraph highlighted,
and shall show it to a vehicle owner or other person lawfully in possession
of the keys to the vehicle who arrives at the scene of the tow prior
to the removal of a vehicle.
[Amended 9-24-2020 by L.L. No. 10-2020]
G.
A vehicle may not be removed if it is occupied by
a person or if the removal may cause physical harm to a person.
H.
Notwithstanding any other provision of this chapter, where a licensed
operator removes a vehicle because it is parked on private property
in a manner inconsistent with posted instructions and restrictions,
and the removal is pursuant to a contract between the owner of the
private property and the operator, the operator may collect no more
than the maximum charges as may be established by resolution of the
Town Board and found in the Town of North Hempstead Fee Schedule from
the vehicle owner or other person in control of such vehicle, payable
before the vehicle is released, except that no charge may be collected
for removal of a vehicle pursuant to this section by a person who
is not licensed to engage in towing pursuant to this chapter.
[Added 9-24-2020 by L.L. No. 10-2020]
A.
The owner of a tow truck shall have prepared a pad
of prenumbered bills containing a printed billhead showing the name
and address of his/her place of business. The operator of a tow truck
shall prepare a bill on this billhead form in duplicate, the original
of which shall be furnished to the owner of the motor vehicle or his/her
authorized representative. This bill must be printed in a form approved
by the Town Clerk and shall contain the following information:
(1)
The full name and address of the person engaging the
tow truck.
(2)
The state registration number of the motor vehicle.
(3)
The total amount to be charged for towing, labor and
storage (rate per 24 hours or part thereof).
(4)
The full name and address of the operator of the tow
truck.
(6)
The state registration number of the tow truck.
(7)
The tow truck license number.
B.
The duplicate of the bill shall be retained by the
tow truck owner for a period of six months at his/her place of business
as set forth on his/her license. These bills shall be exhibited upon
demand of any official of the Town or any member of the Nassau County
Police Department. Upon payment of the bill given to the owner of
the motor vehicle or his/her authorized representative, the licensee
shall acknowledge receipt of payment of such bill.
A.
Any vehicle stored upon a premises designated by a
licensed tow truck owner as his/her terminal shall be presumed to
be so stored with the full knowledge, permission and consent of said
tow truck owner.
B.
No tow truck owner shall permit his/her terminal to
be used for storage of vehicles towed upon the terminal premises unless
the tow truck delivering such vehicle is duly licensed pursuant to
this chapter.
[Added 1-27-1998 by L.L. No. 1-1998]
It shall be unlawful and an offense under this chapter for any tow truck owner to employ, as a tow truck driver, any person who does not hold a valid driver's license issued under Article IV of this chapter.
