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Sample Legislation: Towing

Towing

We’re at our worst when our cars break down. Moreover, we’re at the mercy of the tow truck operators that come to our rescue. Do you have legislation licensing and/or regulating tow truck operators in order to protect citizens against exorbitant rates and unsafe practices? The free sample legislation we offer includes license and insurance requirements; provides for set rates for towing, storage and related services; prohibits cruising (driving trucks on streets to solicit work); requires the removal of debris at accident scenes by tow truck operators; and lists the safety equipment required on all tow trucks. Some samples provide for a rotating list of towers. If you think your municipality is need of this type of legislation, simply call, write or visit our Web site for your free copies.

Sample Ordinances:

River Edge, B. NJ: Ch. 382
Kingston, C. NY: Ch. 370
Harriman, V. NY: Ch. 125

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River Edge, B. NJ:

Chapter 382

 TOWING

 

[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 5-6-1994 as Ord. No. 1102. Amendments noted where applicable.]


  

 

§ 382-1. Duties of towing service.

The towing service company:

  1. Must respond to a call for service from the River Edge Police Department within fifteen (15) minutes and must maintain its towing service vehicles at a distance no greater than two and one half (21/2) miles from the intersection of Kinderkamack Road and Main Street. In the event that towing service fails to respond within fifteen (15) minutes from receipt of a call from the River Edge Police Department, the River Edge Police Department shall be permitted to secure the services of an alternate towing service. In the event of said circumstance, the successful bidder shall not be entitled to any fee for a late response or costs and expenses incurred as a result thereof. [Added 6-19-1995 by Ord. No. 1135]

     

  2. Must have storage area for all towed vehicles, properly secured and fenced, to accommodate a minimum of twenty (20) vehicles.

     

  3. Must have a security feature to ensure nontampering of motor vehicles held for evidence and/or processing by the Police Department; and provide the borough with a complete detailed breakdown of said security feature.

     

  4. Must provide towing on a twenty-four-hour, seven-days-a-week basis, including all holidays; and have appropriate personnel available to release the towed vehicle to its owner up to 10:00 p.m. (with authorization of the River Edge Police Department).

     

  5. If a successful bidder, must include with his bid evidence of ownership or immediate access to at least two (2) one-ton wreckers, one (1) flatbed, one (1) wheel lift and one (1) twenty-five-ton wrecker. All towing equipment is to be stored on the business premises; and all trucks and equipment are to be in good condition, subject to inspection by the Police Department, and must comply with any and all federal, state and municipal laws; proof of access will be evidenced by a letter from the party who will supply additional equipment. Additional equipment leased or borrowed must be capable of responding within the specified time.

     

  6. Must handle removal of all abandoned and junk vehicles for the borough, charging the borough according to Item 7 (Bid Form), and said removal shall be completed within twenty-four (24) hours after request by the borough.

     

  7. Must have the capability of removing abandoned vehicles without wheels, locked (including steering), or any/all other conditions.

     

  8. Must have the capabilities of towing/removal of all heavy equipment regardless of size or weight; storage area must be in one (1) location and must have personnel present at the storage area twenty-four (24) hours a day.

     

  9. Must ensure that all its authorized agents agree to follow the instruction and/or order of the police officer at the towing scene.

     

  10. Must maintain a recordkeeping system as required by the Borough of River Edge Police Department and the laws of the State of New Jersey; at a minimum, the recordkeeping system shall include:

     

    (1) The date and time of request for towing.

    (2) The date and time the vehicle was towed.

    (3) The address from where the vehicle was towed and address to where the vehicle was towed.

    (4) The name of the towing operator performing service.

    (5) Complete dates of storage of said vehicle, and all charges assessed to or paid by the owner of each vehicle.

    (6) The date of release of said vehicle, including by whose authorization, and the name and address of the person obtaining said vehicle from storage. (It shall be required that the towing operator obtain a signed release for said vehicle from storage).

    (7) Records shall be maintained for two (2) calendar years.

     

  11. Shall remove any vehicle which the Police Department may lawfully direct them to so do and shall store the same at their lot(s) until said vehicle(s) is reclaimed by the lawful owner, or is otherwise disposed of according to law.

     

  12. Shall be responsible for any vehicle and the contents thereof after receiving said vehicle in their custody, and shall reimburse the owner of any such vehicle removed by him for any such damage or loss sustained to any vehicle or its contents while the said vehicle is in the towing service company's possession.

     

  13. Shall further agree to indemnify and hold the borough harmless for any damage or loss sustained to any vehicle or contents, if such vehicle is in the towing service company's possession; said indemnification shall include but not be limited to the defense of all lawsuits relating to the towing of any vehicle by any party, the payment of any judgments relating thereto against the borough, the cost of the suit, including investigation cost.

     

  14. Shall not make any repairs to any vehicles towed or removed by him as provided for hereunder without first receiving written authorization of the owner thereof or his authorized agent.

     

  15. Shall not represent that it is a servant, agent or employee of the borough with respect to said towing service, but is an independent contractor pursuant to bid, and shall not hold itself out as an "official member" of the government of the Borough of River Edge or of its departments.

     

  16. Must, upon request, tow all borough-owned vehicles within twenty-four (24) hours at no cost to the borough, to and from points within the borough and also from and to points outside the borough, within a reasonable distance.

     

§ 382-2. Compliance.

The towing service shall covenant and agree to comply with federal and state laws and local ordinances governing:

  1. The operation of vehicles.

     

  2. Towing cars.

     

  3. Storage area.

     

§ 382-3. Payment of charges.

All charges made by the towing service company shall be paid by the owner or operator, or any person, firm or corporation claiming the right to possession of any vehicle removed or stored by the towing service company as provided for herein, and the borough shall not be liable for the payment of any sum to the towing service company which may be due on account of any towing, removal or storage.

 

§ 382-4. Sale of unclaimed vehicles; use of proceeds.

Any vehicle remaining in the towing service company's possession which is unclaimed for a period of ninety (90) days may be sold by the towing service company according to law. The towing service shall apply the proceeds of said sale to the payment of any storage and towing charges due. If the proceeds of the sale shall be in excess of any sum of money properly due and owing the towing service company, that excess shall be paid to the Borough of River Edge. The successful bidder will supply the borough with details, upon request, of any and all sales pursuant to this section.

 

§ 382-5. Notice of election to sell; insufficient proceeds from sale; borough not to be held liable.

The borough may, at any time prior to the sale of a vehicle by the towing service company pursuant to this agreement, elect to sell any vehicle in the possession of the towing service company for more than ninety (90) days pursuant to N.J.S.A. 40A:14-157. In each event, the borough, through the Chief of Police, shall send the towing service company written notice of its election to sell said vehicle pursuant to said statute. Upon the sale of the same, the towing charges accruing up to the date of sale and any surplus funds shall be disposed of according to law. If the proceeds of such sale are insufficient to pay the accrued towing or service charges, the towing service company agrees that there shall be no liability of the borough to pay the same, and any claim for excess not be made against the borough. The procedures set forth herein shall not be construed nor is it the intent that in authorizing this procedure the vehicle shall be deemed to be tangible personal property coming into the possession of the Police Department or force of the Borough of River Edge pursuant to N.J.S.A. 40A:14-157.

 

§ 382-6. Subcontracting restricted.

The towing service company shall not assign, transfer, convey, dispose or subcontract the award of this service or any part unless it has the prior written consent of the Borough Administrator or Chief of Police.

 

§ 382-7. Performance bond.

A cash performance bond in the amount of one thousand dollars ($1,000.) shall be delivered to the Borough Clerk prior to the execution of the contract. The successful bidder agrees to forfeit fifty dollars ($50.) to the borough for each instance of noncompliance with this award. Noncompliance will be the sole decision of the Chief of Police or his representative. The borough has the additional right to call another towing service immediately upon any incident of noncompliance by the successful bidder, and any expenses as a result of the borough's action shall be borne by the successful bidder.

 

§ 382-8. Inspection of company impoundment lots.

The towing service company gives the borough the right to inspect the proposed vehicle pound, prior to the award of bids and at any time during the period of the award, without notice.

 

§ 382-9. Shovels and brooms required; cleaning of affected areas.

Each truck responding to a service call must be equipped with shovels and brooms. The successful bidder agrees to clean the street area of broken glass and other debris as required by state law of New Jersey, or as directed by the Borough of River Edge Police Department.

 

§ 382-10. Review of records.

The borough has the right to review all records and receive copies of any vehicle registration certificates that are a part of this bid form.

 

§ 382-11. Two-way radios; legally parked vehicles.

All tow trucks required of the successful bidder must have a two-way radio capability with its dispatching center on a twenty-four-hour basis. If any vehicles are towed by the successful bidder at the direction of the Police Department in an emergency, such as a cave-in, broken water main, in case of a fire, and the vehicles were legally parked before the emergency, such vehicles are to be returned to the owner without a charge of any type.

 

§ 382-12. Scrap vehicles.

Included in § 382-5 are vehicles that have been used for demonstration or practice by various borough departments such as the Fire Department, Rescue Squad, etc. These vehicles are considered to be scrapped and naturally will become the property of the successful bidder to be taken to the location of his choice at no charge to the borough. These types of scrapped and practice demonstration vehicles shall be removed by the successful bidder within one (1) week of notice by the borough, provided that the successful bidder is given a clear title to the vehicle.

 

§ 382-13. General requirements for successful bidders.

  1. The borough's Police Department will have the right to make a background check of the successful bidder, his employees and/or officer, and the conviction of a high misdemeanor will disqualify the bidder, unless waived at no cost by the borough.

     

  2. The successful bidder must have at least five (5) years' experience in the towing of vehicles and must have sufficient number employees to provide twenty-four-hour service to the borough. The successful bidder shall supply a list of names, addresses and social security numbers of drivers within one (1) week after the award of the bid. Said list is to be updated as needed monthly.

     

  3. The successful bidder, under ordinary circumstances, cannot sublease a towing contract to another agency.

     

  4. The successful bidder must attach with his bid proof of a valid certificate of occupancy from his municipality for storage/towing location.

     

  5. Additional specifications for hazardous materials:

     

    (1) The successful bidder's employees rendering services in these situations must be trained in such (example: use of Scott-pacs).

    (2) The successful bidder must provide acid suits and Scott-pacs for all of their employees when necessary.

    (3) The successful bidder must have at least one (1) set of air cushions for recovery of tankers and ruptured trailer boxes, along with recovery straps.

     

§ 382-14. Storage fees.

Storage fees shall not exceed ten dollars ($10.) per twenty-four-hour period or part thereof. Charges may be made by the successful bidder not to exceed the following:

  1. Lockouts: fifteen dollars ($15.).

     

  2. Labor to change tires at accident scenes: fifteen dollars ($15.).

     

  3. Winching (from trees, snowstorms or other vehicles): twenty-five dollars ($25.) per hour or part thereof.

     

  4. Rolled-over cars: sixty dollars ($60.) labor.

     

  5. Battery jumps: fifteen dollars ($15.).

     

  6. Gasoline: fifteen dollars ($15.) plus cost of gasoline.

     

  7. Unloading and show-up charge: twenty-five dollars ($25.).

     

  8. Hourly rate for service required by a second wrecker for the same vehicle: fifty-five dollars ($55.).

     

§ 382-15. Vehicles impounded as result of arrests.

In the event that a vehicle is impounded by the Police Department as a result of an arrest and ownership of said vehicle is lawfully given to the Borough of River Edge, no fee to the Borough of River Edge will be levied for the towing and storage of said vehicle.

 

§ 382-16. Vehicles towed outside borough boundaries.

The towing fee to be charged on the Bid Form (A, B or C) is for a vehicle that is towed to the successful bidder's premises or to any other point within the Borough of River Edge. If, however, the owner of the vehicle desires to have the vehicle towed outside the boundary of River Edge, then the charge by the successful bidder will be A, B or C plus two dollars ($2.) per mile, for all classes of vehicles.

 

§ 382-17. Unloading and show-up charge.

In the event that the successful bidder has been summoned by the borough for the purpose of towing a vehicle, and the owner of the vehicle arrives at the scene prior to the removal of the vehicle, the owner may be charged by the successful bidder the "unloading and show-up charge" listed in the rate schedule

 

§ 382-18. Methods of payment.

The successful bidder shall accept major credit cards and/or auto club memberships for payment of charges.

 

§ 382-19. Fees inclusive; posting.

The bid fees and rates are all inclusive. No other fees or rates shall be charged. The rates applicable to towing services performed under these specifications shall be posted in a conspicuous place visible to the public.

 

§ 382-20. Insurance coverage.

The towing service company shall maintain insurance coverage in the following amounts and form satisfactory to the Borough of River Edge. These insurance policies shall indemnify the Borough of River Edge resulting from the towing service companies towing or storage of any vehicle as provided for herein. The successful bidder must attach proof of all coverages and indemnification of the Borough of River Edge. This proof should be provided along with the bid form. The proof or certificate of insurance shall include the Borough of River Edge and any of its subdivisions, servants, agents or employees as additional insured parties. Moreover, appropriate policies should be endorsed to provide collision coverage for vehicles in tow. Coverage shall be for the entire term of the borough contract. Any and all interruption of coverage, policy cancellation or revision must be immediately reported to the Borough of River Edge, 705 Kinderkamack Road, River Edge, NJ 07661.

  1. Automobile liability in an amount not less than five hundred thousand dollars ($500,000.) combined single limits.

     

  2. Workmen's compensation as required by statute.

     

  3. Garage keeper's liability in an amount not less than sixty thousand dollars ($60,000.) per location.

     

  4. Garage liability in an amount not less than five hundred thousand dollars ($500,000.) combined single limit.

     

  5. Miscellaneous coverage to provide complete protection to the municipality against any and all risks of loss or liability, including comprehensive general liability.

     

  6. Excess umbrella in the amount of one million dollars ($1,000,000.) giving protection in excess of the five hundred thousand dollars ($500,000.) general and auto liability coverage.

     

§ 382-21. Towing requests. [Added 6-19-1995 by Ord. No. 1135]

All towing requests shall be forwarded to the successful bidder except where an owner of a disabled vehicle is a member of an automobile club. Said owner may request his vehicle to be towed by an automobile club affiliated tower. The River Edge Police Department may forward the request to the automobile club central towing service, provided further that the disabled vehicle does not represent a public safety hazard in the opinion of the police officers in attendance.

 

§ 382-22. Violations and penalties.

For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding one thousand dollars ($1,000.), or imprisonment for up to ninety (90) days, or a period of community service not exceeding ninety (90) days, or any combination thereof.

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Kingston, C. NY:

  

Chapter 370

TOW TRUCKS


  

[HISTORY: Adopted by the Common Council of the City of Kingston 9-3-1987 as L.L. No. 4-1987, approved 8-10-1987 (Ch. 112 of the 1984 Code). Amendments noted where applicable.]


  

GENERAL REFERENCES

Parking of trucks — See Ch. 376.
Abandoned vehicles — See Ch. 384.
Vehicles and traffic — See Ch. 390.


  

 

§ 370-1. Purpose.

It is hereby declared and found that it is of vital importance to the traveling public that disabled vehicles be removed from the highways as promptly as possible, that delay in removal results in retarding the movement of traffic unnecessarily and causes street accidents and that the towing of disabled motor vehicles in the streets of the City of Kingston is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public against fraud and exorbitant rates and similar abuses.

 

§ 370-2. Definitions.

Unless otherwise expressly provided, the following words for the purpose of this chapter 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.

CITY — The corporate area of the City of Kingston.

DRIVER — Any person driving a tow truck upon public highways for hire.

FOR HIRE — Includes any incident where a fee, charge or other consideration is directly or indirectly imposed for towing, carrying or removing a vehicle, and it shall include any case where any person makes repairs on a towed vehicle for consideration, although no charge is expressly imposed for towing such vehicle.

GARAGE — Any place of business which is not in violation of the existing Zoning Ordinance or Building Code of the City of Kingston, and, as a substantial source of its activity, engages in the repair of motor vehicles and provides on-premises parking for their storage.

OPERATE — Includes the control and direction of the use of vehicles for towing from places within the City of Kingston for hire.

OWNER — Includes a person owning or leasing or controlling one or more tow trucks and driving or operating or causing any such vehicle to be operated upon the public highways for hire.

PERSON — Includes an individual, partnership, any incorporated association, a corporation or any other entity.

REGISTERED REPAIR SHOP — As defined in the Vehicle and Traffic Law of New York.

TOWING — The moving or removing of disabled or abandoned motor vehicles by another vehicle for hire.

TOW TRUCK — A motor vehicle which is either equipped for the purpose of carrying, lifting and removing, for hire, any disabled motor vehicle or is used in the business of removing disabled motor vehicles.

 

§ 370-3. License required.

It shall be unlawful for any person to engage in the business of towing within the city without having obtained a valid license issued hereunder or to operate a tow truck in the course of such business without having displayed thereon a valid sticker issued hereunder, except that no license or stickers shall be required for persons whose business is operated outside the city and whose towing consists solely of towing from or to registered repair shops or garages.

 

§ 370-4. License application and expiration.

  1. Every license issued hereunder shall expire on the 31st day of December next succeeding the date of its issuance, unless sooner revoked, as hereinafter provided.

     

  2. Every person, firm or corporation who desires to operate, except as herein otherwise provided, the business of automotive towing by a tow truck or tow trucks owned or controlled by him upon the public highways within the city shall be duly licensed as a tow truck operator in the city and must make written application under oath providing the following information:

     

    (1) The name and address of the applicant, address of the place from which tow trucks are proposed to be garaged and dispatched, specifying, in the case of any unincorporated association, the names and addresses of each member thereof and, in the case of any corporation, the names and addresses of each officer.

    (2) All crimes, if any, of which the applicant or any member thereof has been convicted and, if an unincorporated association, that any officer thereof has been convicted, stating the name, if any, and location of the courts and the dates on which such convictions were had and the penalties imposed therefor.

    (3) The experience of the applicant, or, if an unincorporated association or corporation, of its officers in the towing of vehicles for hire.

    (4) The number of vehicles proposed to be operated by the applicant and a description of each such vehicle, including the make, model, year and manufacture, New York State registration number and vehicle identification number.

    (5) The name, address and driver's license number of each driver employed by the applicant.

    (6) The location of any and all depots and terminals proposed to be used by the applicant.

    (7) Whether the applicant wishes his name to appear on the towing roster as detailed herein.

    (8) Proof of insurance in the minimum amount of $100,000/$300,000 personal liability and $20,000 property damage liability covering each tow truck and/or place of business.

    (9) Proof of valid registration and inspection of each tow truck to be operated.

    (10) Any other relevant information which the Chief of Police may require.

     

§ 370-5. Issuance of license.

The Chief of Police shall accept all applications for licenses from persons desiring to engage in the business of towing on such forms as he shall provide. Upon certification by the Chief that the applicant has complied with all applicable provisions of law, the Chief of Police or his agent shall issue a license to the applicant along with a sticker for each vehicle listed on the application specifically identifying the vehicle to which each sticker is to be affixed and the license under which the sticker is issued.

 

§ 370-6. Transferability.

Each license and sticker issued hereunder shall not be transferred from one person to another nor from one vehicle to another.

 

§ 370-7. License fee; qualifications.

Applicants for a license will be required to pay a nonrefundable fee of $50 plus $1 for each tow truck. The licensee will qualify, provided that:

  1. The licensee owns, operates and maintains a bona fide registered repair shop within the City of Kingston or a town or incorporated village within the metropolitan area of the City of Kingston, viz., within five miles of the geographical limits thereof.

     

  2. Such applicant maintains twenty-four-hour capacity to answer emergency calls regarding motor vehicles.

     

  3. Such applicant has a tow truck equipped with a lifting boom on rear of truck or a flatbed truck, a minimum of three-ton power winch, equipped with 75 feet of 3/8 inch steel cable, a dry-chemical fire extinguisher with a minimum of 10 pounds of pressure, three Department of Transportation approved (triangular) road reflectors and three Department of Transportation approved road flares, a broom, a hacksaw, an ax and a shovel.

     

§ 370-8. Additional requirements.

Every applicant for license shall, at the time of submitting his application, submit a complete current schedule of fees for all services in connection with the towing and storage of motor vehicles that the applicant charges in cases other than when called from the towing roster, as hereafter provided. The schedule of maximum prices to be charged may be revised at any time but shall not be effective until filed with the Kingston Police Department.

 

§ 370-9. Investigation of applicants.

All applicants shall execute such consents for releases of information as may be required.

 

§ 370-10. Lettering required on truck.

On each side of every tow truck for which a sticker has been issued, the owner shall prominently display, by painting, magnetic sign or other similar means, the business name and address of the licensee, together with the business phone number, by letters of not less than three inches high.

 

§ 370-11. Examination or hearing prior to issuance of license.

The Chief of Police or his agent may, in his discretion, before the issuance of a license, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to procedure for the adducing of evidence relating thereto and shall hold a hearing upon such application, as hereinafter provided.

 

§ 370-12. Additional tow trucks.

  1. Every owner licensed hereunder who desires to add to the number of tow trucks he is duly licensed to operate shall file a written application under oath with the Chief of Police or his agent stating:

     

    (1) The name and address of the applicant.

    (2) The applicant owner's license number.

    (3) Proof of required insurance, valid registration and inspection.

    (4) A description of each such additional tow truck, including the make, motor number and the year manufactured.

     

  2. If the Chief of Police shall find that the additional tow trucks meet the requirements of law, he shall issue a sticker in the form and manner herein provided upon the payment of the fee of $1.

     

§ 370-13. License renewals.

Any license and sticker issued hereunder may be renewed annually for additional periods of one year each from the date of expiration upon the submission of an amendment to the original application or subsequent amendments, containing all the information required by the provisions of this chapter for original applications.

 

§ 370-14. Inspection of vehicles.

No license or sticker shall be issued or renewed which shall permit the use of any vehicle as a tow truck unless and until it has been inspected and certified by the Chief of Police or his designee as conforming to the requirements of this chapter and has been duly inspected as required by the Vehicle and Traffic Law of New York.

 

§ 370-15. Towing of vehicles to be impounded or disabled without accident.

Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensee, or motor vehicles which are to be impounded for other reasons, shall be towed away by licensees from the towing roster on a rotating basis. In the event that a licensee is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rates provided for in § 370-16.

 

§ 370-16. Towing roster; requirements and fees.

Any licensee who agrees to abide by the following requirements and to pay an additional fee of $25 shall be placed on the towing roster to be called in rotation to remove vehicles from scenes of accidents, disabled vehicles or vehicles otherwise left in violation of law, provided that:

  1. The licensee swears under oath that he owns or rents and operates and maintains a bona fide legally permitted registered repair shop within the City of Kingston; but applicants shall not qualify as herein provided if applicants state that they maintain a registered repair shop on the very same premises or real property owned by another licensee and on which property said licensee operates or maintains or another licensee operates or maintains a place of like business, or the applicant states that he is a lessee of a licensee.

     

  2. Such garage maintains twenty-four-hour capability to answer calls regarding motor vehicles.

     

  3. The licensee agrees to charge no more than the following maximum rates for towing from the accident scene to his place of business or any other place within the City of Kingston designated by the owner or operator of a motor vehicle, regardless of distance within the City of Kingston when called by the Kingston Police Department:

     

    (1) Towing charges.

     

    (a) Passenger vehicles and trucks up to 3/4 ton. [Amended 3-6-1990, approved 3-7-1990]

     

    [1] Day: $45.

    [2] Nights, weekends and holidays: $55.

     

    (b) Above three-quarter-ton trucks.

     

    [1] Day: $45.

    [2] Nights, weekends and holidays: $65.

     

    (c) Tractor trailers.

     

    [1] Day: $75.

    [2] Nights, weekends and holidays: $95.

     

    (d) Return empty.

     

    [1] Days: $18.

    [2] Nights, weekends and holidays: $36.

     

    (2) Additional charges. The licensee shall be permitted to charge additional fees for additional services. Any fees not provided for herein shall be in accordance with the schedule of fees filed with the Kingston Police Department.

     

    (a) Flatbeds: add $10 to rates for three-quarter-ton vehicles.

    (b) Dollies.

     

    [1] Tractor trailers.

     

    [a] Day: $100.

    [b] Nights, weekends and holidays: $150.

     

    [2] All others.

     

    [a] Day: $15.

    [b] Nights, weekends and holidays: $25.

     

    (c) Winching.

     

    [1] Passenger vehicles and three-quarter-ton trucks.

     

    [a] Day: $60 per hour.

    [b] Nights, weekends and holidays: $70 per hour.

     

    [2] All other vehicles.

     

    [a] Day: $80 per hour.

    [b] Nights, weekends and holidays: $100 per hour.

     

    (d) Unusual waiting cleanup time.

     

    [1] With small wreckers.

     

    [a] Day: $30 per hour.

    [b] Nights, weekends and holidays: $40 per hour.

     

    [2] With large wreckers.

     

    [a] Day: $50 per hour.

    [b] Nights, weekends and holidays: $80 per hour.

     

    (e) Additional service vehicles: same rates as above.

    (f) Additional labor.

     

    [1] Day: $20 per hour.

    [2] Nights, weekends and holidays: $30 per hour.

     

    (g) Mileage. Outside of the city $1.50 per loaded mile.

     

    (3) "Days" shall mean 8:00 a.m. through 6:00 p.m., Monday through Friday, and 8:00 a.m. through 12:00 noon, Saturday. "Nights, weekends and holidays" shall mean all other times, with "holidays" being those established by the State of New York.

     

  4. Storage. The licensee agrees to charge a maximum of $8 per day for storage; provided, however, that no storage shall be charged if the vehicle is picked up prior to the close of the next business day of the licensee; and provided, further, that no additional storage may be charged from the time the owner of the vehicle contacts the licensee for the purpose of attempting to pick up the vehicle, so long as the owner does pick up the vehicle prior to the end of the next business day of the licensee. Reasonable charges not to exceed $20 may be imposed by the licensee to enable the owner to pick up the vehicle at other than normal business hours of the licensee. Licensees shall be available to owners desiring to pick up vehicles at least 10 hours per day, Monday through Saturday, holidays excepted, which hours must include either 8:00 a.m. or 6:00 p.m., as the licensee shall elect. Hours of availability shall be filed with the Kingston Police Department.

     

  5. The charges and fees herein provided may be modified from time to time by resolution of the Common Council of the City of Kingston, New York.

     

§ 370-17. Designation of licensees on towing roster on rotating basis.

The Chief of Police of the Kingston Police Department or his authorized agent is hereby authorized to designate licensees from the towing roster on a rotating basis for the purpose of towing motor vehicles to the place of business of the tow truck applicant, except elsewhere at the request of the owner. The roster shall be filed with the City Clerk for availability to the public and shall be amended on the first working day of the month only in the event of an addition or deletion of a licensed applicant.

 

§ 370-18. Loss of turn on towing roster.

The licensee shall furnish twenty-four-hour telephone numbers for the licensee, his business and/or his designated agent. If a licensee or his designated agent does not answer the call of the duty officer of the Kingston Police Department or is not available when called, he shall lose his turn on the towing roster and must wait for the roster to be called in its entirety before he is eligible to be called again.

 

§ 370-19. Removal of debris at accidents.

A licensee called to the scene of an accident, if necessary, must sweep or clean up any debris, but only if he is provided with police protection against vehicles at the scene.

 

§ 370-20. Nontransferability of place on roster.

It shall be unlawful for a licensee to transfer or exchange his place on the roster with any other licensee or other person on the towing roster.

 

§ 370-21. Accidents requiring more than one tow truck.

If more than one tow truck is needed at the scene of an accident, the aforesaid Police Department, through its authorized agent, shall call the next licensee in rotation. The police officer at the scene shall designate which licensee tows which vehicle. The first licensee to appear on the scene shall, however, assist the police officer in clearing the motor vehicles from the public highways onto the shoulder of the highway.

 

§ 370-22. Unauthorized towing.

It shall be unlawful for any person who is not designated from the towing roster, as aforesaid, or who does not have the prior consent and direction of the police officer at the scene or owner of the vehicle, to tow away any motor vehicle which has been involved in an accident. The police officer, if at the scene, will determine when the aforesaid vehicle shall be removed. No vehicle will be towed in any event unless the Kingston Police Department is notified or has been at the scene.

 

§ 370-23. Refusal to respond to call or tow vehicle.

It shall be unlawful for any licensee on the towing roster to willfully refuse to tow away a motor vehicle after having appeared upon the scene, or to willfully fail to arrive at the disabled vehicle scene after being duly designated as herein provided, regardless of the hour of day or distance to the scene of the disabled vehicle, provided that his equipment is not otherwise employed, personnel are unavailable or the licensee is physically incapacitated. A conviction of violating this section shall result in an automatic suspension from the towing roster for 60 days.

 

§ 370-24. Licensee to have one place on roster.

A licensee duly qualified shall have but one place on the towing roster, although he maintains several licensed tow trucks in the City of Kingston.

 

§ 370-25. Maximum prices for towing and storage.

It shall be unlawful for any licensee to charge any person more than the maximum fees set forth in its application or filed with the Kingston Police Department for the towing and storage of motor vehicles, except when called from the towing roster, the maximum fees as herein provided shall apply.

 

§ 370-26. Solicitation at accidents prohibited.

It shall be unlawful for any person to solicit towing or body work at the scene of any motor vehicle accident on private property or on a public highway within the City of Kingston.

 

§ 370-27. Driving on streets to solicit work prohibited.

It shall be unlawful for any person to drive along any public street or highway within the City of Kingston for the purpose of soliciting towing work, or repair work, or both.

 

§ 370-28. Hearing procedure.

  1. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Chief of Police or his agent.

     

  2. The Chief of Police or his agent shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee at least 10 days before such hearing.

     

  3. Upon any hearings, the applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf that may be relevant to the subject matter at the hearing.

     

  4. All witnesses shall be sworn and examined under oath.

     

§ 370-29. Suspension and revocation of license.

  1. Any license issued hereunder may be suspended for a period of not more than three months or revoked by the Chief of Police or his agent if the holder thereof shall violate any provisions of this chapter or any ordinance of the city or be convicted of the violation of any traffic law, ordinance or regulation of the State of New York or any municipality of the State of New York or of any crime, or be guilty of making a false statement or misrepresentation in his application. A license hereunder shall not be suspended or revoked by the Chief of Police or his agent without a hearing having been held thereupon, which hearing shall be held not less than 20 days after written notice thereof to the licensee, either in person or by certified mail.

     

  2. The Chief of Police, upon receiving information giving him reasonable cause to believe that the holder of any license has violated any provisions of this chapter, or has been convicted of any violation referred to herein, or has been indicted or charged with or for any crime or offense, or is guilty of having made false statements or misrepresentations in his application, may temporarily suspend such licensee from the towing roster until such time as hearing is held by said Chief of Police or his agent, as provided herein, and the Chief of Police or his agent shall have rendered its determination thereon.

     

  3. Towing authorization. No vehicle shall be removed without authorization of the police officer, the owner of the vehicle or other person in charge thereof. Such authorization shall be for the towing and the storage of the vehicle only.

     

§ 370-30. Administration and enforcement.

The Chief of Police or his agent shall have the power to prescribe reasonable rules and regulations for the proper and efficient administration and enforcement of this chapter.

 

§ 370-31. Regulations for tow truck drivers.

  1. A licensed tow truck driver:

     

    (1) Shall have an identification card, approved by the Chief of Police, signed by the licensee, attesting to the employment and qualifications of such driver as required herein in his possession at all times while engaged in his occupation as a tow truck driver, and, while so engaged, shall also be in possession of his operator's or chauffeur's license.

    (2) Shall not permit any other person to use his identification card.

    (3) Shall not be engaged on an unlicensed tow truck or on a tow truck, the license for which has been suspended or revoked.

    (4) Shall promptly report the loss of his identification card to the Chief of Police or his agent.

    (5) Shall report a change of address to the Chief of Police or his agent within 48 hours.

    (6) Shall have with him at all times properly authorized forms for towing and repair, such forms to be printed and maintained by the tow truck owners.

    (7) Shall refrain from use of addictive drugs, except those medically prescribed, or intoxicating liquors, while on duty either at the garaging facility, office or place of accident.

     

  2. Each driver at the scene of an accident:

     

    (1) Shall exhibit his identification card to the owner of a disabled vehicle or person in charge thereof or to any city officer or member of the Kingston Police Department.

    (2) Shall not remove any vehicle involved in an accident in which a person has been injured until released by a duly authorized member of the Kingston Police Department.

    (3) Shall notify the Kingston Police Department of personal or property damage at an accident scene unless a police officer is or has been present.

    (4) Shall notify the Kingston Fire Department if any evidence of fire or a liquid leak is apparent or if the vehicle to be towed may contain hazardous or contaminated substances.

     

  3. Every tow truck driver shall obey all traffic laws, ordinances, local laws, rules and regulations while operating a tow truck and, upon receipt of a summons or his arrest for any alleged violation of any such law, ordinance, local law, rule or regulation, shall report the same within three days to the Chief of Police or his agent, advising him of the nature of the offense charged and the name and the location of the court and the date upon which said summons is returnable or the date upon which the hearing or such trial is to be held.

     

§ 370-32. General regulations.

  1. The owner or driver of any disabled vehicle shall have the right to require the services of any available licensed tow truck and it shall be unlawful for any owner or driver of any licensed tow truck to refuse to render such services if such owner or driver of such disabled motor vehicle is able and willing to pay the fee prescribed in the schedule of prices filed by the owner of such licensed tow truck with the Chief of Police or his agent; unless such tow service is physically unable for good cause shown to tow such motor vehicle in that all of its available equipment is already engaged in other towing operations.

     

  2. Licensed tow truck owners and drivers, when required, will answer all communications received from the Chief of Police or his agent.

     

  3. It shall be unlawful for any owner or driver to refuse to surrender a license or licenses to the Chief of Police or his agent upon demand, after such license or licenses have been suspended, revoked or expired.

     

  4. It shall be unlawful for any person to demand or receive any payment in excess of the maximum charges permitted by this chapter on the schedule filed by the owner with the Police Department.

     

  5. Rules regulating agreements and estimates for repairs. It shall be unlawful for any tow truck owner, driver or any person to make repairs or to charge a fee directly or indirectly for making an estimate for repairs on any motor vehicle in an accident or otherwise disabled without entering into a signed agreement with the owner or other person in charge of said disabled motor vehicle, fixing the cost on a form prescribed.

     

  6. If any other city or town in the County of Ulster shall adopt an ordinance or local law permitting holders of licenses issued hereunder to operate upon the public highways thereof without further license or fee and file a certified copy of such local law or ordinance with the Chief of Police or his agent of the City of Kingston, any holder of a license to operate tow truck issued by such city or town may operate tow trucks upon the public highways of the City of Kingston, provided, in all instances, that all standards of this chapter are complied with without further license or fee.

     

§ 370-33. Penalties for offenses.

An offense against any provision of this chapter shall be a violation of the chapter, which shall be punishable by a fine of not more than $100 or imprisonment for a period not to exceed 30 days for each such offense, or by both such fine and imprisonment, except that any person or persons, associations or corporations committing an offense against any provisions of the licensing section of this chapter hereof shall be guilty of a Class B misdemeanor which shall be punishable by a fine of no more than $500 or imprisonment for a period not exceeding three months for each such offense, or by both such fine and imprisonment.

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Harriman, V. NY:

  

Chapter 125

 TOWING

 

[HISTORY: Adopted by the Board of Trustees of the Village of Harriman 11-26-1985 as L.L. No. 4-1985. Section 125-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]


  

GENERAL REFERENCES

Vehicles and traffic — See Ch. 132.

 

§ 125-1. License required; exception.

No person, firm, corporation or other organization shall operate a truck or other type of motor vehicle designed and capable to tow other motor vehicles for hire within the Village of Harriman unless a license therefor shall first have been obtained from the Village Clerk of the Village of Harriman as hereinafter provided, except that tow truck operators from outside the Village of Harriman may enter the village to remove a motor vehicle from any garage without a license.

 

§ 125-2. Definitions.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:

CRUISING — The driving of a wrecker to and fro along any village road, street or highway for the purpose of soliciting business in the village.

OWNED — Owned, rented or leased.

PERSON — Any individual, sole proprietorship, firm, partnership, association, corporation or other organization and the singular or plural, masculine, feminine or neuter thereof, unless the contrary is clearly expressed.

WRECKER — A vehicle used for the purpose of towing, transporting or otherwise removing any and all kinds of vehicles which are disabled or abandoned.

 

§ 125-3. Cruising prohibited.

Cruising, as defined herein, is prohibited within the Village of Harriman.

 

§ 125-4. Application for license.

Applications for licenses issued hereunder shall be made upon forms prepared and made available by the Village Clerk and shall state:

  1. The name, home address, telephone and proposed or actual business address of the applicant and whether he is the owner, lessee or bailee of the business and, if so, the same information as to the owner.

     

  2. A description of the wrecker for which the license is desired, including the year, make, model, type, serial number of the body and motor capacity.

     

  3. The length of time for which the wrecker has been in use as a wrecker.

     

  4. That the applicant has available space for properly accommodating and protecting all disabled or abandoned motor vehicles to be towed or otherwise removed from the place where they are disabled or abandoned and that the disabled or abandoned vehicles will not be stored or allowed to remain on public property or village streets, roads or highways or on property which is not zoned for storage.

     

  5. Any other information required by the Village Clerk in order to comply with the intent of this chapter or any other law, rule or regulations of the village.

     

§ 125-5. License fee.

The fee for a license for a wrecker shall be $100 per year. All fees shall be payable to the Village Clerk.

 

§ 125-6. Expiration of license.

All licenses issued under this chapter shall be issued to expire and shall expire on the 31st day of December next succeeding the date of issuance, unless sooner suspended or revoked by the Village Board of Trustees as hereinafter provided.

 

§ 125-7. Investigations.

Within 14 days after receipt of an application as herein provided, the Mayor or his delegate may cause an investigation to be made of the applicant and of his proper business operation to be licensed. Within 30 days after the submission of application, the Mayor or his delegate shall complete the inspection, investigation and recommendation, and the Village Clerk shall either approve or deny the application.

 

§ 125-8. Criteria for issuance of license.

The Village Clerk shall approve the issuance of a license upon making the following findings:

  1. That the public convenience and necessity will be served by the use of the wrecker for which application has been made.

     

  2. That the wrecker to be licensed is in a thoroughly safe and sanitary condition.

     

  3. That the requirements of this chapter and all other governing laws, statutes and ordinances have been met.

     

  4. That the wrecker has been properly licensed and inspected by the State of New York and has the necessary stickers affixed. No wrecker shall be licensed as a wrecker which is using dealer license plates.

     

  5. That the insurance policies or certificates required herein have been procured and supplied.

     

§ 125-9. Issuance of license.

Upon approval of the Village Clerk, upon receipt of payment from the applicant of the proper license fee for each wrecker license and upon receipt of insurance policies approved by the Village Attorney, the Village Clerk shall issue a license dated in accordance with the expiration date stated herein. § 125 10. Denial of license; appeal. If the Village Clerk shall deny any application for a license, such denial shall be in writing and state the reasons therefor. Any applicant who shall be denied a license shall have the right to appeal such denial to the Village Board of Trustees at its next regular meeting. A decision of the Board of Trustees to approve or deny such an application after an appeal to it shall be in writing and entered into the Village Clerk's minutes. Such decision shall be final.

 

§ 125-11. Insurance.

  1. No wrecker shall be licensed hereunder nor shall any licensed wrecker be operated within the village unless there shall be deposited with the Village Clerk the following insurance policies or certificates of insurance, insuring the village as follows:

     

    (1) Auto garagekeeper's policy: auto garagekeeper's legal liability policy covering fire, theft and explosion in the minimum amount of $10,000 and collision coverage, subject to a deductible of $100, with each accident deemed a separate claim.

    (2) Auto garage legal liability policy: auto garage legal liability policy covering the operation of the licensee's equipment or wrecker or any bodily injury or property damage. This policy will be in the amount of $100,000 per person and $300,000 per accident.

     

  2. Each policy herein must contain an endorsement providing 10 days' notice to the village in the event of any material change therein or intention to cancel said policy for any cause. In the event that any policy is changed so as to fail to conform to any of the above requirements or if any policy of insurance is to be canceled for any reason, the Village Clerk shall notify the person responsible for the policy, and it shall be corrected or reinstated or replaced with a conforming policy within 10 days after the notice is received by the village, but before the date of cancellation. If the policy or certificate is not corrected, reinstated or replaced within 10 days prior to the date of cancellation, the Village Clerk shall immediately suspend the wrecker license and shall pick up from the owner all indications of licensing, including any stickers, cards or other means of identification.

     

§ 125-12. Towing charges.

Charges for the transportation, hauling or services of disabled or abandoned vehicles by any licensed wrecker or operator of any licensed wrecker shall not exceed the rates approved from time to time by the Village Board of Trustees by resolution.

 

§ 125-13. Driver qualifications.

No person shall drive a wrecker who is under the age of 18 years and who has not in his possession a license duly issued to him to operate a wrecker in the State of New York.

 

§ 125-14. Conditions for operation.

A wrecker license hereunder shall be issued subject to the following conditions:

  1. The licensee shall prominently display the license issued by the Village Clerk in the right front windshield of the wrecker.

     

  2. No licensee or his agents or servants shall solicit, demand or receive from any persons any pay, commission or emolument whatever, except the proper fee authorized for transporting the disabled vehicle.

     

  3. Licensees, their agents and servants shall keep and maintain towing equipment which is adequate to perform such towing in a reasonably workmanlike manner.

     

  4. Each and every licensee hereunder shall record in a book kept solely for such purpose the details of each disabled vehicle towed, serviced or transported by him or his agents or servants or employees, together with full information concerning the details surrounding the hire, the name of the owner of the towed vehicle and of the patron engaging him, which book shall be kept open for inspection at all times to a duly authorized representative of the Village Police Department or of the Village Board of Trustees.

     

§ 125-15. Required equipment

The tow trucks of licensees shall be equipped at all times with emergency flashing amber lights visible from front and rear, a CO2 or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a carton containing at least one dozen red railroad-type flares, a dolly and a shovel and a broom for clearing the highway of debris, if any. All equipment shall be maintained in good condition and in satisfactory working order.

 

§ 125-16. Rotating call list.

  1. A licensee performing towing service for the village or called by a police officer shall perform on a rotating basis. When the owner or driver of a disabled vehicle indicates a choice of a specific licensee, that licensee shall be called, and no wrecker shall be assigned from the rotating list. No licensee shall respond to the scene of an accident except upon notification by the police officer in charge in police headquarters or upon request of the driver or owner of a disabled vehicle.

     

  2. Such additional rules and regulations regarding the rotation of wreckers as they may be hereafter promulgated by the Village Board of Trustees shall take effect immediately after service of a copy thereof on holders of all licenses for wreckers in the village. Service upon a licensee may be made by sending, by ordinary mail, a copy of the additional rules and regulations to said licensee's business address.

     

§ 125-17. Nonaccident roster; impoundment of vehicles.

Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensee or motor vehicles which are to be impounded for other reasons shall be towed away by licensees from the nonaccident roster on a rotating basis. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer.

 

§ 125-18. Applicability.

  1. Except as to the prohibition against cruising, the provisions of this chapter are applicable to the engaging of wreckers by the Village Police Department either on its own initiative or at the request of owners, drivers or lessees of vehicles requiring the services of wreckers.

     

  2. Nothing in this chapter shall prevent the owner, lessee, agent or driver of a vehicle which is disabled from calling a wrecker of his choice to remove his vehicle.

     

§ 125-19. Removal of vehicles by police.

The Village Police or Highway Department shall have the power to require wreckers to remove vehicles where:

  1. There is obstruction of a public right-of-way or private property.

     

  2. A vehicle has been vandalized or presents a fire or safety hazard or an attractive nuisance.

     

  3. An abandoned vehicle bears no discernible registration or identification data.

     

  4. An abandoned vehicle is not licensed or operable.

     

  5. A vehicle is violating any lawful emergency no-parking provisions.

     

  6. Any other condition where permitted or required by law.

     

§ 125-20. Cleaning up debris.

A licensee called to the scene of an accident, if necessary, must sweep away or clean up any debris, but only if he is provided with police protection against moving vehicles at the scene.

 

§ 125-21. Suspension or revocation of license.

  1. Any license issued hereunder may be suspended by the Village Board of Trustees if the licensee thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any local law of the village or if the licensee is convicted of the violation of any traffic law, ordinance or regulation of the State of New York or of any municipality of the State of New York or of any crime or is guilty of making a false statement or misrepresentation in his application. Any license issued hereunder shall be suspended by the Village Board if the holder thereof shall be convicted of the commission of any crime or offense.

     

  2. No license shall be either suspended or revoked by the Village Board of Trustees hereunder without a public hearing thereon, held not less than 15 days after written notice thereof shall have been given to the licensee, either in person or by certified mail, addressed to the licensee at the address shown upon the most recent application of said licensee.

     

§ 125-22. Hearings.

  1. Date, time and place. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Village Board of Trustees.

     

  2. Notice. The Village Clerk shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or licensee concerned at the address shown upon the most recent application of such applicant or licensee at least 15 days before such hearing.

     

  3. Rights of parties. Upon any hearing, the applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.

     

  4. Examination of witnesses. All witnesses shall be sworn and examined under oath.

     

§ 125-23. Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $200 or by imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense. In addition, the Village Board, after a hearing, may revoke or suspend any license issued hereunder or may refuse to renew any license previously issued hereunder for violation of any of the provisions of this chapter.

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