§ 66-3. License required; exceptions., Chapter 66. Towing Businesses, Code of Ordinances, Brookhaven

No person shall conduct a towing business in the Town without first having secured a license from the Commissioner of Public Safety or his designee, hereinafter referred to as the “Commissioner.”

A person shall be deemed to be conducting a towing business within the Town and shall be required to obtain a license hereunder when he operates one or more tow trucks for hire and either has a depot, garage or body shop within the Town or regularly advertises or solicits towing business, responds to calls or otherwise provides towing services within the Town.

All towing businesses responding to accident calls within the Town of Brookhaven must have a valid medallion issued by the Town of Brookhaven. A violation of this section shall be punishable, after conviction, with a fine of not less than $500 nor more than $1,000.

[Added 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]

Editor’s Note: This local law also redesignated former Subsections C and D as D and E, respectively.

Nothing herein shall be construed to require a license for a tow truck to traverse the Town, with or without a motor vehicle in tow, or to require a license for towers whose principal place of business is located outside the Town of Brookhaven and who do not regularly solicit or do business in the Town of Brookhaven.

[Amended 3-7-1989 by L.L. No. 7-1989, effective 3-13-1989; 5-2-1989 by L.L. No. 16-1989, effective 5-8-1989; 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]

Editor’s Note: Former Subsection D, which dealt with a special license for towing a vehicle owned by the owner of the tow truck, was repealed 4-2-1996 by L.L. No. 13-1996, effective 4-17-1996. This local law also renumbered former Subsection E as Subsection D.

Any person or other legal entity within the following classes of towers shall be exempt from the provisions of this chapter.

[Added 3-7-1989 by L.L. No. 7-1989, effective 3-13-1989; amended 3-20-1990 by L.L. No. 12-1990, effective 3-26-1990; 4-2-1996 by L.L. No. 13-1996, effective 4-17-1996]

(1)

ICC-licensed transporters.

(2)

New York State Department of Motor Vehicles scrap pool license holders.

(3)

Town of Brookhaven or State of New York licensed vehicle dismantlers, Town of Brookhaven licensed scrap processors, State of New York licensed itinerant vehicle collectors, State of New York licensed junkyard processors and vehicles owned by the Town of Brookhaven when engaged in the performance of their activities as dismantlers, scrap processors, itinerant vehicle collectors and junkyards and on Town business, but not when towing for hire.