LL# 12-2007Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
Local Law No. 12 of the year 20 07
A local law Creating Chapter 227 of the Town Code, Towing
Qnsert Title)
Be it enacted by the Town Board of the
(Name o Leggy ativeBody)
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO. 12 OF THE YEAR 2007
A Local Law entitled "Local Law No. 12 of the Year 2007, Creating Chapter 227 of the
Town Code, Towing"
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title
This Local Law shall be known and cited as Town of Wappinger Local Law No. 12 of
2007 entitled "Local Law No. 12 of the Year 2007, Creating Chapter 227 of the Town Code,
Rotational Tow List". This Local Law No. 12 of the Year 2007 hereby establishes and creates
Chapter 227 "TOWING" of the Code of the Town of Wappinger.
Section -II: Creation of Chapter 227: "TOWING"
Chapter 227 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 227
TOWING
§ 227-1. LEGISLATIVE INTENT AND PURPOSE.
A. The Town Board hereby declares and finds that it is of vital importance to the public traveling
on state, county or town highways 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 finther facilitate accidents. The Town Board finds that the towing of disabled
vehicles from the highways of the Town of Wappinger is a matter affecting the public interest,
safety and well being.
B. The Town Board fiirther finds that it has been a practice of some tow truck operators to monitor
police radio transmissions to learn of motor vehicle accidents and then to rush to accident sites with
the intent of securing the towing and repair work; in so doing, speed limits and other traffic
regulations are often violated, posing a greater threat to life and property. Additionally, the arrival of
multiple tow trucks at the scene of an accident, further disrupts traffic, hampers the efforts of rescue
personnel at the scene and impedes accident investigation by the police.
C. The Town Board finds that the most effective way to curb the current practices of towers is to
allow only such towing operators as are actually necessary to respond to an accident.
To accomplish this purpose, the provisions of this local law will require that only tow truck
operators placed on a rotational list prepared by the police agency responding to the scene of the
accident or the disabled vehicle shall be authorized to respond to the scene of the accident or the
disabled vehicle.
D. Notwithstanding the foregoing, an owner or operator of a disabled motor vehicle or motor
vehicle involved in an accident shall be free to select a tow truck operator of his or her choice.
E. The Town Board finds further that in order to discourage tow truck operators from rushing to
accident sites, it is necessary to prohibit such operators from soliciting business at the accident scene
and to prohibit them from approaching within five hundred feet of the accident. The provisions of
this Chapter shall not apply to vehicles having a gross vehicle weight in excess of fifteen thousand
pounds.
§ 227-2. Defmitions.
For purposes of this subchapter, the following terms shall have the following meanings:
A. "Disabled Vehicle" shall mean any vehicle for which towing is necessary because of a
vehicular accident or for which towing is necessary because of the vehicle's inability to
proceed under its own motive power due to reasons other than a vehicular accident.
B. "Participant" shall mean a Tow Truck Operator that has been placed on a Rotational List
prepared by the police agency responding to the scene of a motor vehicle accident or to a
disabled vehicle.
C. "Person in Charge of a Vehicle" shall mean the operator or owner of a vehicle or any
person designated by the owner to contract for the towing or repairing of such vehicle.
D. "Police Agency" shall mean either the New York State Police or the Dutchess County
Sheriff's Office.
E. "Police Officer" shall mean a police officer as defined by New York Criminal Procedure
Law § 1.20 (34).
F. "Rotational Tow Truck Operator's List" shall mean a list prepared by a police agency of
authorized tow truck operators who shall be authorized to respond to disabled vehicles or
motor vehicle accidents within the Town of Wappinger.
G. "Tow Truck" shall mean a vehicle that is equipped with a crane, winch, tow bar, push
plate, or other device designed to pull or push a vehicle or to raise a vehicle or the front
or rear end thereof.
H. "Tow Truck Notification Operator" shall be the Dutchess County Sheriffs Office
Dispatcher, the New York State Police Dispatcher, or such other person or agency that is
responsible for the dispatching of tow trucks to the scene of a disabled vehicle within the
Town of Wappinger.
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I. "Tow Truck Operator" shall mean a person or business entity engaged in the business of
towing for hire.
J. "Town of Wappinger" shall mean the geographical boundaries of the Town of Wappinger
exclusive of the Village of Wappingers Falls.
K. "Vehicle" shall mean a vehicle as defined in section one hundred fifty-nine of the Vehicle
and Traffic Law and having a maximum gross vehicle weight of less than fifteen
thousand pounds.
§ 227-3. Placement on Rotational Tow Truck Operator's List
A. No tow truck operator shall respond to the scene of a disabled vehicle or a motor vehicle
accident unless directed to respond to the scene by the dispatcher of the police agency
responding to the scene or unless directly requested to respond to the scene by the owner
or operator of the disabled vehicle.
B. When an owner or operator requests a particular tow truck operator, the owner or
operator must so advise the police officer responding to the scene.
§ 227-4. Soliciting Business; Maintaining Distance from Accident
A. It shall be unlawful for any person or any agent, servant or employee of a tow truck
operator engaged in a towing or wrecking service to solicit business at the scene of an
accident.
B. No tow truck or tow truck operator shall come within five hundred (500) feet of the scene
of any accident within the Town of Wappinger, unless a specific request for the services
of such tow truck or tow truck operator has been requested by the person in charge of the
disabled vehicle, the Tow Truck Notification Operator, a police officer or other
emergency personnel.
C. A violation of this section shall be deemed an offense punishable by:
1. a fine as set forth in Chapter 122, Article V, Section 122-20 HH (1) of the Code
for a first offense;
2. a fine as set forth in Chapter 122, Article V, Section 122-20 HH (2) of the Code
or a period of imprisonment not to exceed 15 days for a second offense
3. a fine as set forth in Chapter 122, Article V, Section 122-20 HH (3) of the Code
or a period of imprisonment of not to exceed 15 days for a third and any
subsequent offense.
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§ 227-5. Request for Tow Trucks.
A. The dispatcher for the police agency responding to the scene or the police officer or other
emergency personnel in charge at the scene shall make all requests for wrecking, towing
and storage services for disabled vehicles located within the Town of Wappinger.
§ 227-6. Removal of vehicles involved in an accident.
A. Any vehicle which cannot be safely driven under its own power must be removed from
the scene of the accident by the tow truck notified pursuant to the provisions of §227-5.
The police officer at the scene shall make the determination whether any disabled vehicle
may be safely driven under its own power.
B. Any tow truck called to the scene of an accident must remove any debris, vehicle parts or
other road hazards resulting from the disabled vehicle. Except in the case of a major fuel
or fluid spill, the tow truck operator shall place speedy dry, sand or other substance to
absorb the fuel or fluid spill.
Section -III: Amending "Chapter 122, FEES AND FINES
"§ 122-20 is hereby amended by the addition of § 122-20 HH to read as follows:"
HH. Chapter 227, Towing.
1. § 227-18 C 1 fine:
(a) Minimum: $ 100.00
(b) Maximum: $ 300.00
2. § 227-18 C 2, fine:
(a) Minimum: $ 300.00
(b) Maximum: $ 750.00
3. § 227-18 C 3, fine:
(a) Minimum: $ 750.00
(b) Maximum: $1,500.00
Section -IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such
0
intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law"
shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and
any such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section -V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section -VI: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
5
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.
WAPPINGER
12
of 20 07 of
the (County)(City)(Town)(Village) of was duly passed by the
TOWN BOARD on September 10 20 07 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 and was (approved)( not approved)
20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
was duly passed by the
(Name of Legislative Body) on 20 - and was (approved)(not approved)
(repassed after disapproval) by the on �0 . Such local
(Elective Chief Executive Officer")
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 above.
Clerk of h county I slative body, City, Town or Village Clerk or
officer ignated by local legislative body
(Seal) Date: t 2,1 071
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Attorney to the Town
Title
County
Cityof
Town
Village
WAPPINGER
Date: 4
DOS -239 (Rev. 05/05) Page 3 of 3