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HomeMy WebLinkAboutTowing Guidelines and Rate InfoRESOLUTION 2008-1010 ADOPTED DOC ID: 4382 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1010 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 5, 2008: RESOLVED that the Town Board of the Town of Southold hereby amends "Appendix A" of the Southold Town Police Vehicle Towing Guidelines and Rates as follows~ effective immediately: SOUTHOLD TOWN POLICE VEHICLE TOWING GUIDELINES AND RATE I. PURPOSE To establish a procedure to implement a Departmental Policy concerning Towing and Impounds. The policy will apply to all Departmental Personnel and also to the utilization Of Private Tow Operators, The policy will set guidelines concerning the impounding of vehicles pursuant to accident investigations, criminal investigations, abandoned vehicles, towing from private property, parking violations and other areas. A Rotational Towing List compromised of Private Tow Operators will be maintained. This policy will also set rates that may be charged for towing, and establishes the procedure for private Tow Operators to be added to the Police Rotational Towing list These areas are listed separately as follows: APPENDIX A: RATE SCHEDULE as of 11/5/08 RATES: (Maximum Amounts) 1. WRECKER/FLAT BED/CAR CARRIER (If requested/necessary): Day: 6:00 AM to 6:00 PM Night: 6:00 PM to 6:00 AM Saturday, Sunday, and Holidays $ !99.99 140.00 $ !29.99 160.00 $ !29.99 160.00 HOOKUP: (ONLY) $ 50.00 (Vehicle released after hookup - NO TOW) SPECIAL CIRCUMSTANCES: (Additional Charges) EXAMPLES: Four (4) Wheel Drive tow off beach Resolution 2008-1010 Righting overturned vehicle Tractor Trailer/Bus towing Special winching/snatch block retrieval Retrieve from wooded area Unusual wait/delay at accident scene Board Meeting of November 5, 2008 IMPOUND TO HEADQUARTERS: (Or to Private Tow Operator's Premise) MILEAGE RATES FROM SCENE: Day: 6:00 AM to 6:00 PM $ 2.50 Night: 6:00 PM to 6:00 AM $ 3.00 Saturday, Sunday, and Holidays $ 2.00 Elizabeth A. Neville Southold Town Clerk 4.50 per mile 4.50 per mile 4.50 per mile RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 11/5/2008 3:10 PM by Lynda Rudder Page 2 SOUTHOLD TOWN POLICE VEHICLE TOWING GUIDELINES AND RATE .l I. PURPOSE To establish a procedure to implement a Departmental Policy concerning Towing and Impounds. The policy will apply to all Departmental Personnel and also to the utilization of Private Tow Operators. The policy will set guidelines concerning the impounding of vehicles pursuant to accident investigations, criminal investigations, abandoned vehicles, towing from private property, parking violations and other areas. A Rotational Towing List comprised of Private Tow Operators will be maintained. This policy will also set rates that may be charged for towing, and establishes the procedure for Private Tow Operators to be added to the Police Rotational Towing list. These areas are listed separately as follows: APPENDIX A: RATE SCHEDULE APPENDIX B: APPLICATION PROCESS - PRIVATE TOW OPERATORS 11. TYPES OF IMPOUNDS: A. HEADQUARTERS IMPOUND: Certain types of impounds will be towed (*) to Police Headquarters is as follows: (*)NOTE: No impounded vehicle to be driven to Headquarters by any departmental employee. 1. FATALITIES/SERIOUS ACCIDENTS: Vehicle from scene of accident for safety check. Dolly or Flatbed will be utilized. Police Officer/Detective in charge of scene will determine if PD Wrecker or Private Wrecker is required to insure integrity of evidence. 2. CRIMES: Vehicle used in crime. 3. ARRESTS: Ordered by Police Officer at scene of Incident for valid reason. (Arrests under NYS V & T law which mandate impound, ie, Section 511.2, or improper registration documentation, license plates. etc.) l B. IMPOUNDS TO TOW OPERATOR'S PREMISES: 1. ACCIDENTS: Routine Motor Vehicle Accidents not requiring further investigation at Police Headquarters. 2. ILLEGALLY PARKED VEHICLES: Vehicles blocking driveways, intersections, fire zones, tow-away zones, etc. 3. HIGHWAY SAFETY HAZARDS: Vehicles creating unsafe road conditions. 4. SAFEGUARD VEHICLE: Defendants requesting that their vehicles be safeguarded (Vehicle not required by Police Department). 5. DISABLED VENICE: Request for wrecker for disabled motorist. 6. ABANDONED/JUNK VEHICLES: (Section 1224 NYS V&T Law) These vehicles normally secured Monday through Friday during normal business hours. UNLESS deemed a safety hazard, which must be removed immediately. III REQUESTS FOR WRECKER: A. POLICE OFFICER/COMMUNICATIONS: On any accident or other type of incident where the disposition of the scene will be delayed for the response of the Medical Examiner, photographs, measurements, etc., delay notification of wrecker or inform them of approximate delay time for removal of vehicle. (NOTE: There are additional charges after a one (1) hour delay at scene.) B. TYPES OF REQUESTS: A request for a wrecker will be made by a Police Officer and directed to the Public Safety Dispatchers under the following circumstances: 1. POLICE ROTATIONAL TOWING LIST: See Section II - TYPES OF IMPOUNDS, Paragraph 6. Normal towing to Private Tow Operator's premises utilizing Rotational Towing List for Sector or area in which incident occurred. 2. SPECIFIC REQUESTS FOR PARTICULAR TOW OPERATOR: If a private citizen requests a specific wrecker service and it is available locally, and can respond within a reasonable period of time, efforts will be made to contact same. 3. CLOSEST WRECKER: At times due to special circumstances an officer at the scene of an incident has authority to utilize the "closest" wrecker. OFFICER'S DECISION IS FINAL. 4. TRUCK ACCIDENTS: Normally utilize closest wrecker (*) that can handle size and type of large truck(s) involved. (*) See 5. Specialized Equipment below. 5. SPECIALIZED EQUIPMENT: Separate lists are maintained for requests for four (4) wheel drive wreckers (*) and flatbed car carriers (*) (*) NOTE: THESE TYPES OF WRECKERS ARE NOT REQUIRED FOR THE POLICE ROTATIONAL TOW LIST AND A TOW OPERATOR WILL NOT LOSE HIS TURN ON LIST IF HE DOES NOT POSSESS SAME. C. TYPES OF WRECKERS: 1. BOOM/SUNG TYPE WRECKER: Utilized for vehicles that have a free turning axle at one end and no major airdams, ground effect extensions, or easily damaged body work. Can also be utilized in "tight" towing situations where larger trucks cannot function. 2. FLATBED/ROLL-OFF CAR CARRIER: a. Designed for newer vehicles with extensive use of plastics, airdams or easily damaged body work that cannot be towed with conventional slings. b. Requires sufficient space and straight area in front or behind vehicle to be towed in order to load. C. Can be utilized for vehicle with no wheels or all flat tires. D. VEHICLE REMOVAL AT SCENE: 1. HIGHWAY HAZARD: First wrecker at scene will take most hazardously located vehicle as directed by Police Officer at scene. If vehicle locations are not deemed hazardous, normally first wrecker on the scene may choose which vehicle to remove if this does not conflict with overall investigation. 2. ROAD DEBRIS: Police Officer will ensure that wrecker operator clears highway of accident debris (glass, metal, etc.) prior to leaving the scene. (See Section 1219(c)NYS V&T Law.) 3. REFUSAL TO TOW: A Private Tow Operator has the right to refuse to tow a vehicle if it is an exotic vehicle or he cannot safely handle a particular vehicle without losing his turn on the Rotational Towing List. Such a refusal to tow is subject to review. 4. TOWING GUIDELINES: The AAA Towing Manual will be utilized as a guide for the proper towing procedures to be followed. A copy of same is maintained in the Communications Room. IV. ROTATIONS LISTS: A ADDITIONS/DELETIONS: Additions or Deletions from the Rotational Towing List will be maintained by the lieutenant. B. POSTING OF CALLS: Communications will maintain Rotational Towing List L with respect to posting rotational calls. Tow operator may review same upon request through arrangements with Lieutenant responsible for maintaining Rotational Towing List. C. ROTATION: I. EAST END: Entire area east of Peconic Lane. 2. WEST END: Entire area west of Peconic Lane. D. DISPUTES: Disputes concerning Rotational Towing will be resolved informally between the Chief of Police (or his designee) and the Private Tow Operator. E. NEW ADDITION TO ROTATION LIST: Private Tow Operators wishing to apply for addition to the Police Rotational Towing List must comply with specifications set forth is APPENDIX B. APPLICATION PROCESS. F. REMOVAL FROM ROTATION LIST: Tow Operators may be removed from the Police Rotational Towing list for the following reasons: 1. REFUSAL - UNAVAILABLE -NO ANSWER/TELEPHONE: Any refusal or unavailability to respond will lose turn on rotation list. Three (3) refusals or unavailability's in a three (3) month period will be subject to review for retention on list. 2. OVERCHARGING: Private Tow Operators who are found to violate the Rate Schedule by overcharging may be removed from list after review. 3. NON-COMPLIANCE WITH POLICY: Private Tow Operators who are found to no longer comply with provisions of this Local Law will be removed from the Police Rotational Towing list and will be advised in writing of the reasons for removal. V. RELEASE OF IMPOUNDS: A. HEADQUARTERS: 1. REQUIREMENTS: Vehicles that are held as evidence or held pursuant to legal statute (ie, Section 51 1.2 NYS V&T will not be released until authorized by investigating officer, District Attorney's Office or Court Order. 2. TIMES: Impounds released ONLY between the hours of 8:30 AM and 3:30 PM, Monday through Friday (Excluding holidays). Unusual circumstances, requiring special arrangements for release at other times, may be made through Impound Release Officer. 3. PAYMENT: Full payment in CASH, US POSTAL MONEY ORDER or BANK CERTIFIED CHECK to include towing, storage and surcharge, Insurance Company checks may payable to the Southold Town Police Department are also acceptable. (See APPENDIX A, RATE SCHEDULE) 4. OWNERSHIP DOCUMENTATION: Proper ownership documentation must be produced by owner of vehicle or his designee (with written authorization for release of vehicle). 5. PHYSICAL REMOVAL: Vehicles to be driven from Headquarters may only be released to a person with a current valid driver's license and acceptable proof of insurance for the vehicle, ie Insurance ID. This will not apply if the vehicle is not to be moved under its own power but will be transported by tow truck. (See Section 1204(d)NYS V&T law). B. PRIVATE TOW OPERATOR: Payment and release arrangements to be made through Private Tow Operator. Releases normally accomplished during normal business hours unless, other arrangements made. Charges must comply with APPENDIX A, RATE SCHEDULE. APPENDIX A: RATE SCHEDULE as of 11/5/08 RATES: (Maximum Amounts) 1. WRECKER/FLAT BED/CAR CARRIER (If requested/necessary): Day: 6:00 AM to 6:00 PM $ 140.00 Night: 6:00 PM to 6:00 AM $ 160.00 Saturday, Sunday, and Holidays $ 160.00 2. HOOKUP: (ONLY) $ 50.00 (Vehicle released after hookup -NO TOW) SPECIAL CIRCUMSTANCES: (Additional Charges) EXAMPLES: Four (4) Wheel Drive tow off beach Righting overturned vehicle Tractor Trailer/Bus towing Special winching/snatch block retrieval Retrieve from wooded area Unusual wait/delay at accident scene IMPOUND TO HEADQUARTERS: (Or to Private Tow Operator's Premise) MILEAGE RATES FROM SCENE: Day: 6:00 AM to 6:00 PM $ 4.50 per mile Night: 6:00 PM to 6:00 AM $ 4.50 per mile Saturday, Sunday, and Holidays $ 4.50 per mile PAYMENTS - RELEASE OF IMPOUNDS: 1. HEADQUARTERS: Full payment in CASH. US POSTAL MONEY ORDER or BANK CERTIFIED CHECK to include towing and storage. Insurance Company checks made payable to the SOUTHOLD TOWN POLICE DEPARTMENT are also acceptable. 2. PRIVATE TOW OPERATOR: Direct payment of charges to Private Tow Operator for towing and storage. SALES TAX: Will not be charged on any Police Department tow. BILLING: Tow operators will have the CC# and description on all bills that they submit in order to get paid. Bills must be submitted within thirty (30) days of tow. SOUTIIOLD TOWN POUCE TOWING AND IMPOUNDS APPENDIX B - APPLICATION PROCESS- PRIVATE TOW OPERATORS INTRODUCTION: There is no Southold Town Towing License and Tow Operators serve at the direction of the Chief of Police. There is no contract either express or implied in this service. 1. PREMISES A LOCATION: Premises must be located within the Town of Southold. The Physical location of the premises will determine which Sector Rotational Towing List the Tow Operator will appear on,NO MULTIPLE LISTINGS. B. LICENSES: Owner must have their NYS Official Business certificate on file with the Police Department prior to being paid. C. LOCAL ZONING CODE: Tow Operator's business and the receiving premises must, respectively be either Pre-existing, Non-Conforming or meet current Town of Southold Zoning Standards, Must possess Certificate of Occupancy. D. INSURANCE: Premises must possess liability insurance or equivalent E. FENCED YARD: A secure fenced yard for the storage of Impounded vehicles is not required, however, It is strongly recommended. Impounded vehicles removed without payment will not be entertained criminally and must be acted upon by the Tow Operator in Civil Court. 2. TOW VEHICLE: Must be owned and operated by business seeking addition to Rotational Tow List Tow Vehicle must be brought to Police Headquarters for inspection. Business name must appear on vehicle. A TYPE OF WRECKER: Either of the following types of Wrecker may be utilized for addition to Police Rotational Towing List, The minimum requirements are: (1) Boom/Sling Type Wrecker a. Four (4) Ton Boom b. Dolly Wheels C. Broom and Shovel d. Fire Extinguisher e. Insurance (On Hook/Liability) f. Properly Registered and NYS Inspection (2) Flatbed/Roll-Off Car Carrier. a. Broom and Shovel b. Fire Extinguisher C. Insurance (On Bed-Hook/Liability) d. Properly Registered and NYS Inspection 3 AVAILABILITY: Tow Operators must be available twenty-four hours per day including Saturday, Sunday and Holidays. Separate lists are not maintained for daytime business hours only. Night telephone numbers or beeper numbers must be provided for communication purposes. Beeper must be answered within three (3) minutes. Must respond within 45 minutes time - MAXIMUM, Only one (1) Police Rotational List is maintained. Separate lists for Accidents and Tow Aways, ie, Parking, Abandoned/Junk Vehicles are not maintained.