§ 66-2. Definitions., Chapter 66. Towing Businesses, Code of Ordinances, Brookhaven

Unless otherwise expressly provided, the following words, for the purposes of this chapter, shall have the meanings herein indicated:

ACCIDENT

Any incident or occurrence in which one or more motor vehicles come in contact with each other or another object, thereby causing damage to a motor vehicle.

APPLICANT

A person who is applying for a towing business license and/or medallion.

BODY SHOP

A motor vehicle repair shop as defined in and holding a license as required by the State Motor Vehicle Repair Shop Registration Act (Vehicle and Traffic Law § 398 et seq. or any amendment thereto) and which meets existing Code requirements of the Town of Brookhaven. For the purposes of placement on the accident or nonaccident towing roster, a "body shop" must contain a fenced-in area meeting the requirements of a depot as provided herein.

DEPOT

An area where vehicles may be stored legally pursuant to all of the local laws and requirements of the Code of the Town of Brookhaven, including but not limited to zoning, and which is owned or leased by the licensee. A depot shall be an accessory use to a motor vehicle repair shop, as defined in Chapter 66 of the Code of the Town of Brookhaven. A depot must be located on the same site as the motor vehicle repair shop. A depot must be paved, provide drainage and be screened from view with landscaping and a six-foot-high perimeter fence, having no opening, mesh, hole or gap larger than two inches measured horizontally and vertically. To qualify for use in connection with a towing business licensed pursuant to the provisions of Chapter 66 of the Code of the Town of Brookhaven, a depot shall be so constructed as to contain an additional area of not less than 2,025 square feet. Any depot legally existing prior to the effective date of this revision may be maintained as a nonconforming use in conformance with the provisions of Chapter 85 of the Code of the Town of Brookhaven. Any depot may be located entirely inside a building, provided that the building has the appropriate certificate of occupancy for such storage and is in compliance with the Fire Code.

DOLLYING

Removing or conveying on dolly wheels.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]

DRIVER

Any person driving a tow truck upon the roads of the Town.

FOR HIRE

Any incident where a fee, charge or other consideration is directly or indirectly imposed for towing, including any case where any person makes repairs on a towed vehicle for a consideration and no charge is expressly imposed for the towing of such vehicle.

GARAGE

Any place where mechanical repairs of motor vehicles are regularly conducted, including gas service stations, and which meets existing Code requirements of the Town of Brookhaven. For the purposes of placement on the accident or nonaccident towing roster, a garage must contain a fenced-in area meeting the requirements of a depot as provided herein.

LICENSE

A certificate issued by the Commissioner of Public Safety or his designee to conduct a towing business.
[Amended 8-3-2004 by L.L. No. 15-2004, effective 8-6-2004]

LICENSEE

A person who is the holder of a valid license.

MEDALLION

The identification plate (number or sticker bearing such number) assigned to a particular tow truck.
[Amended 8-3-2004 by L.L. No. 15-2004, effective 8-6-2004]

MOTORCYCLE

Any two-wheeled automotive vehicle having one or two saddles and sometimes a sidecar with a third supporting seat.

MOTOR VEHICLE

Any two-, three- or four-wheeled automotive vehicle, including automobiles and motorcycles.

MOTOR VEHICLE REPAIR SHOP

A motor vehicle repair shop as defined in and holding a license as required by the State Motor Vehicle Repair Shop Registration Act (Vehicle and Traffic Law § 398 et seq. or any amendment thereto) which meets existing Code requirements of the Town of Brookhaven. A motor vehicle repair shop shall include for the purposes of this section, any body shop, drive-in station, garage, or public garage operated by any person, corporation or association for the purpose of inspecting such motor vehicles for the purposes of diagnosing, inspecting, evaluating, estimating, appraising the extent or value, or cost of, or necessity of motor vehicle repairs, including bodies, fenders or any component parts thereof. For the purposes of placement on the accident or nonaccident towing roster, a motor vehicle repair shop must contain a fenced-in area meeting the requirements of a depot as provided herein.
[Added 4-2-1996 by L.L. No. 13-1996, effective 4-17-1996]

OPERATE

Includes the control and direction of the use of a vehicle and the use of a vehicle for towing from places within the Town.

PERSON

Includes an individual, a partnership, any unincorporated association, a corporation or any other entity.

POINT-TO-POINT TOWER

A tower who has no depot, public garage and/or body shop and is not on any roster but is merely a tower from point to point.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]

TOWER

A person owning or leasing or controlling one or more tow trucks and driving or operating or causing any such vehicle to be operated upon the public highways for hire.

TOWING

The carrying, lifting or moving of a single motor vehicle by another motor vehicle.

TOWING BUSINESS

The operation of one or more tow trucks.
[Amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]

TOWN

The unincorporated area of the Town of Brookhaven, outside the incorporated villages located within the Town of Brookhaven, whether on private property or on the roads of the Town of Brookhaven.

TOW TRUCK

A motor vehicle which is designed or equipped for carrying, lifting or moving another motor vehicle designated as follows:
[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]

A.

LIGHT DUTY
A tow truck capable of righting and towing a motor vehicle with a gross vehicle weight under 10,000 pounds.

B.

MEDIUM DUTY
A tow truck capable of righting and towing a motor vehicle with a gross vehicle weight between 10,001 and 26,000 pounds with a minimum sixteen-ton boom capacity.

C.

HEAVY DUTY
A tow truck capable of righting and towing a motor vehicle with a gross vehicle weight over 26,000 pounds with a minimum twenty-five-ton boom capacity.

WINCHING

To hoist, haul or push by a winch not connected with a boom or not connected to the operation of towing upon a flatbed.
[Added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990]

Editor's Note: See Ch. 30, Fire Prevention.

Editor's Note: The definition of "extra-heavy-duty tow truck," added 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990, which immediately followed this definition, was repealed 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006. See now the definition of "tow truck" below.

Editor's Note: The definition of "heavy-duty tow truck," which immediately followed this definition, was repealed 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006. See now the definition of "tow truck" below.