§ 66-6. Issuance of license; inspection of vehicles., Chapter 66. Towing Businesses, Code of Ordinances, Brookhaven

Upon receipt of a properly completed application and the fees as set forth herein, the Commissioner shall notify the Commissioner of the Department of Planning, Environment and Land Management and the Town Attorney. Thereupon, the Commissioner shall cause an inspection to be made of the tow truck (with the exception that tow trucks on the heavy-duty roster will be inspected by the Suffolk County Highway Patrol or the New York State Department of Transportation) and the depot, public garage or body shop for compliance with § 66-8 herein and all applicable fire regulations and codes. The Commissioner of Planning, Environment and Land Management shall cause an inspection to be made of the site and premises for compliance with all applicable local laws and zoning local laws. The Town Attorney shall cause a review to be made for any existing violations. Upon completion of said reviews and inspections, reports shall be forwarded to the Commissioner. The Department of Public Safety or its designee shall act as the lead agency for purposes of coordinating review of said application. In the event that the depot or public garage or body shop is located within an incorporated village within the Town of Brookhaven, the applicant shall permit his tow truck and site to be inspected for compliance with § 66-8 herein and shall submit a letter or other form of proof satisfactory to the Town Attorney that the depot or public garage or body shop complies with the applicable local laws of the village where located. The application shall be in such form as shall be required by the Commissioner.

Upon such notification, the Commissioner shall issue a license or renewal thereof for a towing business unless, upon investigation:

[Amended 8-3-2004 by L.L. No. 15-2004, effective 8-6-2004]

(1)

The Commissioner determines that the applicant is an undesirable person or incapable of properly conducting a towing business in the Town.

(2)

The Commissioner determines that an applicant who has been convicted of a misdemeanor or felony is unfit or undesirable to carry on a towing business in the Town.

(3)

The applicant’s depot, garage or body shop used in connection with his towing business is in violation of the zoning, building or fire laws, local laws or regulations in the municipality in which it is located.

(4)

The Commissioner finds that the applicant has made a materially false statement or misrepresentation in his application.

If a license is denied, the applicant may appeal the determination to the Town Board.

Conditions for use of license privileges.

[Amended 3-7-1988 by L.L. No. 7-1989, effective 3-31-1989; 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]

(1)

Each licensee wishing to be placed on the non-accident, light-duty, medium-duty or heavy-duty roster shall maintain an individual public garage or depot or body shop in the Town or the incorporated villages located within the Town to which all motor vehicles towed pursuant to this chapter shall be transported. Unless otherwise directed, in writing, by the owner or operator thereof, no such motor vehicle may be transported to any location other than such public garage or depot or body shop. No such motor vehicle shall thereafter be removed from said public garage or depot or body shop without the written consent of the owner of such motor vehicle.

(2)

Provided that a depot is in compliance with all the provisions of the Code of the Town of Brookhaven, the depot shall be allowed only one position on the non-accident towing roster, only one position on the light-duty towing roster, only one position on the medium-duty towing roster, and only one position on the heavy-duty towing roster, without regard to the number of licenses which shall have been issued to licensees using or maintaining any one public garage, depot or body shop.