§ 55-40. Towing from private property., Article IX. Regulations for Owners, Chapter 55. Tow Trucks, Code of Ordinances, North Hempstead

The property owner or his/her authorized agent shall file with the police precinct having jurisdiction a copy of a written agreement authorizing one or more tow truck owners to tow unauthorized parked cars. The agreement shall set forth:

(1)

Explicit authorization to tow or remove unauthorized vehicles;

(2)

The rate to be charged vehicle owners and operators;

(3)

The business location, within the Town of North Hempstead, where vehicles will be towed or removed and stored, and where they may be redeemed; and

(4)

Copies of all licenses, certificates, and permits issued by the Town.

The property owner shall post in a conspicuous place or places, and at all entrances, signs stating that unauthorized parked cars will be towed away at the vehicle owner's expense and stating where the vehicle can be recovered. No owner or operator of parking facilities on private property shall tow or cause to be towed from such private property any motor vehicle unless such owner or operator shall have conspicuously posted and maintained upon such private property a sign or signs setting forth the name and telephone number of the tow owner. Any signs required to be installed pursuant to this section must comply with the Building Zone Ordinance of the Town of North Hempstead.

Editor’s Note: See Ch. 70, Zoning.

No vehicle shall be removed by a tow truck owner or operator from private property without first obtaining contemporaneous direction to tow by the owner of the private property or his or her authorized agent. The following shall be recorded in a log book by the tow owner or operator at the time of the tow: the identity of the person who authorized the tow, the time the authorization was received, the place of the tow, and the make, model and license plate number of the vehicle to be towed. Log books shall be retained by the tow owner for at least one year and shall be made immediately available to the Town Clerk upon request.

Solicitation of towing work by the owner, operator or other occupant of a tow truck while on private property is prohibited. Prior to each individual tow, contemporaneous authorization must precede the tow truck operator's entry onto private property for towing purposes.

Any tow truck owner or operator who tows a vehicle shall remove the vehicle directly to its facility and shall, within one hour of the vehicle's removal, notify the local police precinct having jurisdiction over the area from which the vehicle was removed. Thereafter, within 1 1/2 hours of the vehicle's removal, the tow truck owner or operator shall notify the same local police precinct of the following, in writing by hand delivery or via facsimile: the location of the vehicle's storage site, the time the vehicle was removed, the location from which the vehicle was removed, the name of the person who authorized the removal, a description of the vehicle, proof of the tow truck operator's valid North Hempstead tow truck license, and the fact that the removal was pursuant to a contract with the owner of the private property. The tow truck owner or operator shall obtain the name of the person at such police precinct to whom such information was reported and note such name on a trip record, together with the time and date that the vehicle was removed, as well as the location from where the vehicle was removed.

If the registered owner or other person lawfully in possession of the keys to the vehicle arrives at the scene of the tow prior to the removal of the vehicle, and the vehicle is connected to any apparatus for removal, then upon request and upon payment of a service fee described herein, the vehicle shall be disconnected from such apparatus, and such registered owner or other person lawfully in possession of the keys to the vehicle shall be allowed to remove the vehicle from the premises without interference. The service fee shall not be more than half of the charge allowed for removal pursuant to the written agreement on file with the police precinct, for which a receipt shall be given by the tow truck owner or operator. Each tow truck operator shall carry a legible copy of this section of the law, with this paragraph highlighted, and shall show it to a vehicle owner or other person lawfully in possession of the keys to the vehicle who arrives at the scene of the tow prior to the removal of a vehicle.

A vehicle may not be removed if it is occupied by a person or if the removal may cause physical harm to a person.