New York Mills
Oneida County, NY
§ 196-1. Removal of abandoned or illegally parked vehicles; storage; charges.
A. Authority to impound vehicles. When any vehicle is parked or abandoned on any highway in this Village during a snowstorm, flood, fire, or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, or when any vehicle is found unattended on any highway in this Village where said vehicle constitutes an obstruction to traffic, or when any vehicle is parked or abandoned on any highway in this Village where stopping, standing, or parking is prohibited, or any situation caused by the said vehicle that may be deemed hazardous or any emergency by the Village police, said vehicle may be removed by or under the direction of any police officer of this Village to any place or business designated pursuant to the rules and regulations of this chapter.
B. Storage and charges. After removal of any vehicle as provided in this chapter, the vehicle will be stored pursuant to the rules and regulations of this chapter by a designated and duly licensed business or in a suitable location designated by the Chief of Police. Towing and storage charges will be at the expense of the owner. Such person in charge of said vehicle may redeem same upon payment to the tow service of the amount of all expenses actually and necessarily incurred. In effecting such tow and storage, standard tow charge shall not exceed $65. If a flatbed tow is required, the tow charge shall not exceed $75. Storage charges shall not exceed $15 per day, and the first 12 hours of storage shall be at no charge.
C. Notice of removal. If the owner of the vehicle being towed is not present at the time of said tow, the Police Department shall have the duty to ascertain to the extent possible the owner of the vehicle or a person having charge of same, and to notify them of the removal and disposition of the vehicle and the fee which will be required to redeem same.
§ 196-2. Towing rotation list authorized.
The Village Board is hereby authorized to establish a list of persons or businesses to be used on a rotating basis by the Village of New York Mills Police Department whenever towing and/or wrecking services are called upon by the said Department.
§ 196-3. Standards for operation and placement on rotation list.
A. All towing services shall provide and maintain facilities for secure storage of towed vehicles.
B. Towing service shall be available for assignment on a twenty-four-hour-per-day/seven-days-per-week basis.
C. The towing service must be able to arrive at the location in which its service is needed within 20 minutes from the time in which it was first called.
D. The towing service operator shall own, maintain and equip its towing vehicle(s) in accordance with the laws of the State of New York and such additional requirements as may be prescribed by the Village Board. No towing service shall lease or sublease its towing vehicle for purposes of this chapter.
E. Any person removing a vehicle from a highway shall retrieve any glass or other injurious substance dropped upon the highway from such vehicle at no cost to the customer.
F. All towing service operators must have a certificate of insurance coverage that will consist of a minimum of $100,000 for bodily injury for 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 log book in their office listing the date and time the vehicle was picked up, the location from where the vehicle was towed, the make, model, vehicle color, and the license plate number. This log book will be subject to inspection by any police officer or the Police Commissioner.
H. The tow operator shall also provide extra services upon request, to include winch outs, lock out service, and removal of off-road vehicles such as ATV's, snowmobiles, or motorcycles.
I. Towing services will notify the New York Mills police, in writing, of any towed vehicle left unclaimed for more than 48 hours after notification by police of the registered owner of said vehicle.
J. Towing services shall agree to indemnify and hold harmless the Village of New York Mills from any claim or liabilities which occur as a result of performing towing or wrecker services at the request of the Village of New York Mills.
K. Upon request for a rotation tow service, the service next on rotation must be the service to respond. Other tow services, whether on the rotation list or not, cannot respond in the place of the next on rotation service. In the event the tow service on the rotation cannot respond to the call, then the one next on the list shall be called to respond, and so forth, until a tow service does respond to the call.
§ 196-4. Distance to be maintained from accidents.
It shall be unlawful for any person operating a tow truck wrecker within the corporate limits of the Village of New York Mills or any agent working on behalf of such operator to be within 1,000 feet of any accident or to cause any wrecker to approach nearer than 1,000 feet to the scene of any accident of any automobile or other vehicle within the corporate limits of said Village until the Police Department has had an opportunity to investigate said accident and has directed and authorized such person(s) and/or wrecker to approach within said prohibited distance.
§ 196-5. Applications for towing service ; renewal; fees.
A. Applications can be obtained from the New York Mills Village Clerk. After completion, the application is to be submitted to the Village Clerk, containing all of the information required. The applications are valid for one calendar year. There shall be no more than five towing services participating on the towing rotation list at any one time, with application preference given to towing services located within the corporate limits of the Village. This is to ensure that those Village tow services interested will be part of the five services on the rotating list.
B. At the beginning of each calendar year, all tow services must reapply to ensure that all interested tow services have the opportunity to participate in the rotation.
C. There is a yearly application fee of $75 to be paid to the Village Clerk upon time of application.
D. In the event more than five towing services apply to be on the rotation, preference shall be given to towing services located within the limits of the Village and any remaining slots on the rotation list shall be selected on a lottery basis.
§ 196-6. Promulgation of rules and regulations.
The Village Board is hereby given authority to promulgate such other rules or regulations as it deems necessary, consistent with the intent of this chapter.
§ 196-7. Penalties for offenses.
A. Any person, firm, or corporation engaged in wrecker or tow services violating § 196-1B or § 196-4 of this chapter shall, upon conviction, be subject to a fine not exceeding $250 for the first offense and/or imprisonment for up to 15 days. The limit for the fine shall increase by $250 for each conviction of any defendant within five years of the date of the subject offense.
B. It shall be the duty of the Chief of Police to notify the Village Board of any of the tow services on the rotation list that are in violation of any part of § 196-3 of this chapter. After notice and opportunity to be heard by the Village Board, it may suspend or revoke the said towing service from the rotation list.