§ 55-39. Towing authorization.

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.
Police Officer
(Insert name, address and phone number of licensed towing company)
Date
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
to
		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; 2-16-2010 by L.L. No. 1-2010