2007-1072007-107
COPY
Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the
Town Code, Towing
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 11th,
2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Councilmembers
ABSENT: Supervisor
William H. Beale
Vincent F. Bettina (arrived at 7:58 PM)
Joseph P. Paoloni
Maureen McCarthy
Joseph Ruggiero
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman McCarthy.
WHEREAS, it is of vital importance to the public traveling within the Town of
Wappinger that disabled vehicles be removed from the highways as promptly as possible, that
delay in removal of disabled vehicles unnecessarily retards the movement of traffic, impedes the
access of emergency vehicles within the Town, and has the potential to create accidents; and
WHEREAS, it has been a practice of some tow truck operators to monitor police radio
transmissions to learn of accidents and then rush to accident sites with the intent of securing the
towing and repair work and in so doing, speed limits and other traffic regulations are often
violated, resulting in an unnecessary threat to life and property within the Town; and
WHEREAS, the arrival of multiple tow trucks at the scene of an accident, disrupts
traffic, hampers the efforts of rescue personnel at the scene, delays removal of disabled vehicles
and impedes accident investigation by the police; and
WHEREAS, the Town Board has determined that the most effective way to curb the
current deleterious practices of tow truck operators is to allow only such tow truck operators as
are actually necessary to respond to the scene of an accident or to the scene of a disabled vehicle
and to permit only those tow truck operators who are called from a rotational list of authorized
tow operators established by the police agency responding to the scene of the accident or the
scene of the disabled vehicle; and
WHEREAS, dispatchers for police agencies will utilize a rotational list of authorized tow
truck operators who will be authorized to respond to vehicular accidents or disabled vehicles
within the Town of Wappinger when an owner or operator of a motor vehicle has not made other
arrangements for the removal of the disabled vehicle; and
WHEREAS, it is hereby determined that it is in the public interest, general safety and
well being of the Town residents and the traveling public to prohibit tow truck operators from
soliciting business at an accident scene and to prohibit unauthorized tow trucks from
approaching within five hundred feet of the accident; and
WHEREAS, the Town Board has determined that it is further necessary to amend
Section 122-20 B. of the Town of Wappinger Code to reflect an updated fine schedule associated
with the adoption of Chapter 227; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens
of the Town of Wappinger to adopt a Local Law to address the above referenced issues of
concern; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental
Quality Review Law which establishes locally designated Type I actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and that the Town Board is therefore the Lead
Agency for purposes of SEQRA review.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby introduces for adoption Local
Law No.of the Year 2007 in the form annexed hereto.
3_ The Town Board has determined that the Proposed Action is an Unlisted Action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly
known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review
Law which establishes locally designated Type I actions).
4. The Town Board has determined that the proposed Local Law is an action for
which there are no other Involved Agencies and that the Town Board is therefore the Lead
Agency for purposes of SEQRA review and the Town Board reserves the right to make its
determination of significance pursuant to SEQRA until after the Public Hearing.
5. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 9th day of July, 2007 at 7:30 P.M. and that the Town Clerk be directed to
post and publish the Notice of Public Hearing in the form annexed hereto.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting: ABSENT
WILLIAM H. BEALE, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
6/11/2007
The Resolution is hereby duly declared adopted.
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HN C. M STERSON, TOWN CLERK