The purpose of this chapter is to ensure safety, traffic
control and the orderly use of the streets and highways within
the Town of Kirkland; it is necessary to have an orderly arrangement for providing tow
truck and wrecker services within said Town.
§ 109-2. Distance
to be maintained from accidents.
From and after the passage of this chapter, it shall
be unlawful for any person, firm or corporation to have any of their agents, servants
or employees engaged in tow truck wrecker service within the corporate limits
of said Town to come within 300 feet of the scene of any accident or to cause
their wreckers to approach nearer than 300 feet of the scene of any accident of
any automobile or other vehicle within the corporate limits of said Town until
the Police Department has had an opportunity to investigate said accident and
have directed and authorized said wrecker to approach within said prohibitive
distance and take charge of said wrecked vehicle and to remove same from said
scene.
§ 109-3.
Rotation list authorized.
The Commissioner of Public Safety or, if there
is none, the Town Board, is hereby authorized to establish a list of persons
or firms to be used on a rotating basis by the Town
of Kirkland Police Department whenever towing and wrecking services are called
by said Police Department.
§ 109-4.
Standards for operation.
The requirements for participation and such list shall
be as follows:
A.All towing service firms shall provide and maintain facilities for
secure storage of towed vehicles. Such facilities are to be either a storage
garage and/or fenced area with an industrial-type fence at least six feet high.
B.Towing service shall be available for assignment on a twenty-four-hour-per-day,
seven-day-per-week basis.
C.The towing service operator shall maintain a place of business or
office within the Town of Kirkland.
D.The towing service operator shall maintain and equip its towing
vehicle in accordance with the laws of the State of New York and such
additional requirements as may be prescribed by the Commissioner of Public
Safety or, if there is none, the Town of Kirkland.
E.Any person removing a wrecked or damaged vehicle from a highway
shall retrieve any glass or other injurious substance dropped upon the highway
from such vehicle.
F.All towing service operators must have a certificate of insurance
coverage that will consist of a minimum of $100,000 for bodily injury each
person, $300,000 for bodily injury per occurrence and $50,000 for property
damage for each occurrence.
G.All towing service operators will keep a logbook in which will be
listed the date and time the vehicle was picked up, the location from where the
vehicle was towed, the make, model and color of the vehicle and the license
number on the vehicle. This logbook will be subject to inspection by any police
officer.
H.Towing service operators will notify the Town of Kirkland Police
Department, in writing, of any towed vehicle left unclaimed for more than 48
hours.
1.Towing service operators shall agree to indemnify and hold harmless
the Town of Kirkland from any claims or liabilities which occur as a result of
performing towing or wrecker service at the request of the Town of Kirkland
Police Department.
§ 109-5.
Rates and charges.
The towing service operator, upon completion of a tow, shall levy
tow service charges against the rightful owner of the vehicle in conformity
with the Code of the Town of Kirkland. No fee may be levied for response not
resulting in the removal of the vehicle. The cost of removal or towing shall be
the responsibility of the vehicle owner or operator and shall not exceed the
rates established by law.
§ 109-6.
Promulgation of rules and regulations.
The Commissioner of Public Safety or, if there is none, the Town
Board, is hereby given authority to promulgate such other rules or regulations
as he deems necessary, consistent with the intent of this chapter.
§ 109-7.
Construal of provisions.
This chapter shall not be construed to prohibit any other person
or firm from engaging in the
business of providing towing, wrecking or mechanical services within the Town.
Further, nothing in this chapter shall be construed so as to prevent any owner
or operator of a motor vehicle from calling any tower or wrecker of his own
choice.
§ 109-8. Penalties
for offenses.
Any person, firm or corporation engaged in the wrecker service violating this chapter shall, upon
conviction, be subject to a fine not exceeding $100 and/or imprisonment not to
exceed 30 days, or both, in the discretion of the court.
