[HISTORY: Adopted by the Town Board of the
Town of Liberty 12-30-2002 by L.L. No. 2-2002.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former
Ch. 136, Towing and Road Service, adopted 8-9-1990 by L.L. No. 5-1990,
as amended.
The title of this chapter shall be the "Road
Service and Towing Law of the Town of Liberty."
No person, firm or corporation shall operate
a truck or other type of motor vehicle designed for and capable of
servicing or towing other motor vehicles for hire within the Town
of Liberty unless a permit therefor shall be first obtained from the
Town Clerk of the Town of Liberty as hereinafter provided, except
that tow truck operators from outside the Town of Liberty may enter
the Town of Liberty to remove motor vehicles from any place in the
Town without a license upon request of the owner of said vehicle.
No such permit shall be issued unless an application
therefor shall have been filed with the Town Clerk upon a form prescribed
therefor, which shall include:
A.
The name and business address of the applicant and,
if the applicant is a natural person, the applicant's age and residence
address.
B.
The registration number of the service or tow truck
to be operated.
C.
The amount of liability insurance for personal injury
and property damage on said service truck, the name of the insurance
company, which must be licensed to do business in the State of New
York, and the policy number. The limits shall not be less than $1,000,000
for each accident or occurrence.
[Amended 7-14-2003 by L.L. No. 2-2003]
D.
The schedule of maximum prices the licensee agrees
to charge during the term of the license for servicing or towing motor
vehicles from points within the Town of Liberty and for storage of
such vehicles at its garage or service station. Such schedule may
be based upon the distance that each motor vehicle is to be towed,
the weight of the vehicle towed and upon the time of day or night
such services are performed or upon the distance to service a motor
vehicle and upon the time of day or night such services are performed.
E.
The applicant's registered repair shop certificate
number and a copy of the applicant's registered repair shop certificate
shall be attached to the application form.
F.
The Town official to whom administration of these
provisions is delegated shall reasonably require such other information
or exhibits as deemed necessary.
A.
No such permit shall be issued unless the applicant
agrees to charge no more than the maximum rates allowed hereunder
for towing, road service and storage, regardless of distance, within
the Town of Liberty. All rates shall be adopted by resolution by the
Town Board of the Town of Liberty. Additional reasonable charges may
be made in addition to the charges provided for labor for the following
services:
B.
Additional reasonable charges maybe made for road
service calls that require services in excess of the maximum twenty-minute
period.
C.
In no event shall a disabled vehicle be charged for
both towing and road service. The licensee shall be permitted to charge
the greater of a towing charge or a road service charge when a vehicle
is towed by the licensee, and the licensee shall not charge for towing
and, in addition thereto, road service.
D.
All licensed operators shall conspicuously post in
their garages, service stations or other places of business a schedule
of the maximum rates for towing as herein set forth. Licensees shall
also carry or maintain a copy of such schedule in the towing or service
trucks at all times and bring, the same to the attention of the vehicle
owner before rendering any service.
Every permit issued pursuant to this chapter
shall expire on the first day of January following the issuance thereof
and shall not be transferable from one operator to another nor from
one truck to another without the prior consent of the Town Board.
The permit fee payable to the Town Clerk for
each such permit or renewal thereof, which permit may cover each vehicle,
shall be set forth by the Town Board and changed by resolution from
time to time as the Board shall see fit.[1] A permit shall be valid for an entire year or portion
thereof without a reduction in fee.
[1]
Editor's Note: The fee schedule is located
in Ch. 152A, Fees.
On each side of every service or tow truck for
which a permit has been granted, there shall be legibly inscribed
in letters not less than three inches high the name and address of
the owner of such service or tow truck or of the person, firm or corporation
having the permit therefor, and the decal issued by the Town Clerk
shall be affixed to the windshield, which decal shall include the
permit number assigned to such tow truck. No magnetic signs will be
permitted.
Each person, firm or corporation operating a
service or tow truck business may obtain a license for each service
or tow truck it desires to operate, provided that such person, firm
or corporation abides by the regulations set forth herein.
It shall be unlawful for any person, firm or
corporation, without prior consent of the owner or operator and police
officer at the scene of the accident, to service or prepare to tow
away any motor vehicle which has been involved in an accident, and
no motor vehicle shall be serviced or prepared to be removed from
the scene of an accident where the police officer requires or requests
that photographs and/or diagrams of the scene be made.
The Town Board may revoke any license or licenses
issued under authority of this chapter to any applicant who shall
be determined by the Town Board, after a public hearing, to be an
undesirable person or incapable of properly conducting a road service
or tow truck business or who has violated the provisions of this chapter.
A violation of this chapter shall be punishable
by a fine not exceeding $500 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment.
