Work Session
Regular MeetingOssining, NY · October 22, 2025
Agenda
Village of Ossining
Work Session Agenda
Wednesday, October 22, 2025 @ 7:30 PM
16 Croton Ave. Board Room
OSSINING, NEW YORK
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Topic: Proposed Changes to Affordable Housing Policy
Contact: Stuart Kahan, Corporation Counsel and Valerie Monastra, AICP- Principal
Planner- Nelson Pope Voorhis
Topic: Cable Vision Cable Franchise Renewal
Contact: Stuart Kahan, Corporation Counsel
Topic: Recommended Event Policy Revisions
Contact: Karen D'Attore, Village Manager
EVENTS-recommendations2026
Topic: Revision to Chapter 92 (Building Construction and Fire Prevention Code
Administration)
Contact: Stuart Kahan, Corporation Counsel
Chapter 92 (Building construction) (Revision 1)
Topic: Revision to Chapter 229 (Streets and Sidewalks)
Contact: Stuart Kahan, Corporation Counsel
Chapter 229 (Streets and sidewalks)
Topic: Revision to Chapter 247 (Towing)
Contact: Stuart Kahan, Corporation Counsel
Chapter 247 (Towing)
Topic: Continued discussion loan agreement to Sing Sing Prison Museum
Contact: Stuart Kahan, Corporation Counsel
Work Session October 22, 2025 Page 1 of 28
ADJOURNMENT - WORK SESSION
Work Session October 22, 2025 Page 2 of 28
Village of Ossining
Special Events
Recommended Policy Amendments
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Event Policy Recommended Amendments
The Village introduced a special events policy in 2021 which is reviewed each year.
For 2026, we are recommending policy amendments to address:
• Unintended impact of events for Village residents
• Clarification of event organizer obligations -- from event set up to take down
• Required planning and coordination for parades and processions
• Licensing agreements for fundraising events
• Fee change recommendations for staff time
Village of Ossining Special Events
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Event Policy Recommended Amendments
Event organizers are required to:
• provide written notice (and proof of) to all residents within a 500 ft radius of the event site to be
received no later than 30 days prior to the event (village will provide mailing list)
• oversee and manage the event for its entire duration from set up to takedown/clean-up
• comply with all Village ordinances and permitting requirements
• clean up litter continuously during the event and immediately after - on site and in the immediate
neighborhood
Event hours to include set up time (no earlier than 8 am), take down and clean-up (no later than 12 am)
• If dumpster pick up can not be done before 12 am then it must be done at 8 am on the following day
Village of Ossining Special Events
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RECOMMENDED POLICY AMMENDMENTS:
Parades and Processions:
Parades and Processions requiring street closures and/or traffic management must be approved coordinate with Ossining Police
Department no later than 45 days in advance of the event
- Maximum participation – 1000 people
Fundraising events:
All fundraising events require a license agreement with the Village
Denial/Canceling of event:
• Village reserves the right to deny any event application
• Village reserves the right to cancel any event due to exigent circumstances
Village of Ossining Special Events
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RECOMMENDED POLICY AMMENDMENTS:
Most Village’s in Westchester do not have set event fees, but they do charge hourly rates based on salary for staff time
The practice of charging back police (and potentially non-police staff hours) has been called into question
We are looking into this issue more closely and will revert with recommendations for special event fees accordingly
Current Staff Fee:
Events requiring more than 4 police officers on overtime:
• $400 for events requiring more than 4 additional police officers
• $800 for an additional 5-10 police officers
Events requiring non-police staff on overtime:
• $300 for up to 4 additional non-police staff
• $800 for an additional 5-10 non-police staff
Village of Ossining Special Events
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Local Law -2025
A local law amending chapter 92 (Building Construction and Fire Prevention Code Administration and
Enforcement).
BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows:
Section 1. Chapter 92 (Building Construction and Fire Prevention Code Administration and
Enforcement), section 92-4 (Building Permits) and section 92-9 (Certificates of occupancy and certificates of
compliance) is amended with new language underlined and deleted language in [brackets].
§ 92-4. Building permits.
A. Building permits required. Except as otherwise provided in Subsection B, a building permit shall be
required for any work which must conform to the Uniform Code and/or the Energy Code, including
but not limited to, the construction, enlargement, alteration, improvement, removal, relocation,
demolition, maintenance or allowing, commencing or continuing to maintain the construction,
enlargement, alteration, improvement, removal, relocation or demolition of any building or
structure or any portion thereof, and the installation of a solid- [fuel-buring] fuel-burning heating
appliance, chimney or flue in any dwelling unit. A building permit shall be required for the
installation, expansion and/or replacement of driveways or parking areas. If the installation,
expansion, and/or replacement of a driveway or parking area is part of an approved site plan, a
separate application for a building permit will not be required. No person shall commence any work
for which a building permit is required without first having obtained a building permit from the
Building Department.
B. Exemptions. No building permit shall be required for work in any of the following categories:
(1) Construction or installation of one-story detached structures associated with one- or two-
family dwellings or multiple single-family dwellings (townhouses) which are used for tool and
storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144
square feet;
(2) Construction of temporary motion picture, television and theater stage sets and scenery;
(3) Installation of window awnings supported by an exterior wall of a one-or two-family dwelling
or multiple single-family dwellings (townhouses) when the awning measures less than four
feet by four feet and the proposed awning is not supported by posts;
(4) Installation of partitions or moveable cases less than five feet nine inches in height;
(5) Painting, wallpapering, tiling, carpeting or other similar finish work;
(6) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment
or appliances;
(7) Replacement of any equipment provided the replacement does not alter the equipment's
listing or render it inconsistent with the equipment's original specifications;
(8) Repairs, provided that the work does not have an impact on fire and life safety, such as:
i) any part of the structural system; ii) the required means of egress; or iii) the fire protection
system or the removal from service of any part of the fire protection system for any period of
time;
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(9) Installation of swings and other playground equipment associated with a one-or two- family
dwelling or multiple single-family dwellings;
(10) Installation of swimming pools associated with a one- or two-family dwelling or multiple
single-family dwellings (townhouses), where such pools are designed for a water depth of less
than 24 inches and are installed entirely aboveground;
(11) Resealing of a driveway;
(12) Repairs, provided that such repairs do not involve:
(a) The removal or cutting away of a load bearing wall, partition, or portion thereof, or any
structural beam or load bearing component;
(b) The removal or change of any required means of egress, or the rearrangement of parts
of a structure in a manner which affects egress;
(c) The enlargement, alteration, replacement or relocation of any building system; or
(d) The removal from service of all or part of a fire protection system for any period of time.
C. Exemption not deemed authorization to perform noncompliant work. The exemption from the
requirement to obtain a building permit for work in any category set forth in Subsection B shall not
be deemed an authorization for work to be performed in violation of the Uniform Code or the
Energy Code.
D. Application for building permits. Applications for [a] building [permit] permits shall be submitted
electronically on a form provided by or otherwise acceptable to the Village of Ossining Building
Department. The application shall be signed by the owner of the property where the work is to be
performed or an authorized agent of the owner. The application shall include such information as
the Building Inspector deems sufficient to permit a determination by the Building Inspector that the
intended work complies with all applicable requirements of the Uniform Code and the Energy
Code.
(1) The application shall include or be accompanied by the following information and
documentation:
(a) A description of the location, nature, extent and scope of the proposed work;
(b) The Tax Map number and street address of the premises where the work is to be
performed;
(c) The occupancy classification of any affected building or structure;
(d) Where applicable, a statement of special inspections prepared in accordance with the
provisions of the Uniform Code;
(e) At least two sets of construction documents (drawings and/or specifications) which: i)
describe the location, nature, extent and scope of the proposed work; ii) show that the
proposed work will conform to the applicable provisions of the codes; iii) show the
location, construction, size and character of all portions of the means of egress; iv) show
a representation of the building's thermal envelope; v) show structural information,
including, but not limited to, braced wall designs, the size, section and relative locations
of structural members, design loads, and other pertinent structural information; vi)
show the proposed structural, electrical, plumbing, mechanical, fire protection, and
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other service systems of the building; vii) include a written statement indicating
compliance with the Energy Code; viii) include a site plan, drawn to scale and drawn in
accordance with an accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site, distances from lot
lines, the established street grades and the proposed finished grades, and, as applicable,
flood hazard areas, floodways, design flood elevations, and the location of any existing
or proposed well or septic system; ix) show the location, type and size of all trees,
indicating those trees to remain, those to be removed and those to be planted; and
x) evidence that the documents were prepared by a licensed and registered architect in
accordance with Article 147 of the New York State Education Law or a licensed and
registered professional engineer in accordance with Article 145 of the New York State
Education Law and practice guidelines, including, but not limited to, the design
professional's seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose name appears
on the seal in such a manner that neither the name nor the number is obscured in any
way, the design professional's registration expiration date, the design professional's firm
name (if not a sole practitioner), and if the documents are submitted by a professional
engineering firm and not a sole practitioner professional engineer, the firm's certificate
of authorization number;
(f) Proof that taxes, water bills, sewer rents, fines payable to the Justice Court and all other
fees or fines due and payable to the Village for the property subject to the application
are paid in full; and
(g) Other documents, reports, plans and/or specifications as required by the Building
Inspector.
(h) Notwithstanding the above, property surveys representing existing conditions shall not
be required for interior alterations or renovations that do not alter or change the
footprint or the exterior shell of the building or structure, including, but not limited to,
exterior walls and the roof, for which the building permit is sought.
(2) Except where an application for a building permit is submitted to cure existing violations, no
application for a building permit shall be accepted, processed or reviewed where there are
existing violations of any provision of the Uniform Code (including, but not limited to, the
Property Maintenance Code New York State and the Residential Code New York State), the
Energy Code or [this chapter] the Village Code for the property that is the subject of the
application.
E. Construction documents. Construction documents will not be accepted as part of an application for
a building permit unless the documents satisfy the requirements in Subsection D(1)(e). Construction
documents which are accepted as part of the application for a building permit shall be marked as
accepted by the Building Inspector in writing or by stamp, or in the case of electronic media, an
electronic marking. One set of the accepted construction documents shall be retained by the
Building Department and one set of the accepted construction documents shall be returned to the
applicant to be kept at the work site so as to be available for use by Code Enforcement personnel.
However, the return of a set of accepted construction documents to the applicant shall not be
construed as authorization to commence work, nor as an indication that a building permit will be
issued. Work shall not be commenced until and unless a building permit is issued. The Building
Inspector may request additional sets of construction documents.
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Village of Ossining, NY
F. Issuance of building permits. An application for a building permit shall be examined to
ascertain whether the proposed work is in compliance with the applicable requirements of the
Uniform Code, the Energy Code, the Village Code as well as any conditions imposed by the
Board of Trustees, Planning Board/Board of Architectural Review, Zoning Board of Appeals and
Historic Preservation Commission. The Building Inspector shall issue a building permit if the
proposed work is in compliance with the applicable requirements of the Uniform Code, the
Energy Code and the Village Code as well as any conditions imposed by the aforementioned
land use boards.
G. The Building Inspector shall examine or cause to be examined all applications for permits and
the plans, specifications and documents filed therewith. The Building Inspector shall approve or
disapprove the application within a reasonable time and, where necessary, provide the applicant
with a referral letter. Upon approval of the application and upon receipt of the required fees,
the Building Inspector shall issue a building permit to the applicant upon the form prescribed
by the Building Inspector and affix his/her signature thereto. Upon approval of the application,
both sets of the plans and specifications shall be endorsed with the word "approved." One set
of the approved plans and specifications shall be retained in the files of the Building
Department, and the other set shall be kept at the building site open to inspection by Code
Enforcement personnel at all reasonable times. If the application, together with plans,
specifications and other documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations, the Building Inspector
shall disapprove the application and return the plans and specifications to the applicant. Upon
the request of the applicant, the Building Inspector shall cause such refusal, together with the
reasons therefor, to be transmitted to the applicant in writing.
H. Building permits to be displayed. Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
I. Work to be in accordance with construction documents. All work shall be performed in
accordance with the construction documents which were submitted with and accepted as part
of the application for the building permit. The building permit shall contain such a directive.
The permit holder shall immediately notify the Building Department of any change occurring
during the course of the work. The building permit shall contain such a directive. If the Building
Inspector determines that such change warrants a new or amended building permit, such
change shall not be made until and unless a new or amended building permit reflecting such
change is issued.
J. Time limits. Building permits shall become invalid unless the authorized work is commenced and
diligently pursued within six months following the date of issuance or if the authorized work is
suspended or abandoned for a period of six months after the time of commencing the work.
Building permits shall expire 12 months after the date of issuance. At the discretion of the
Building Inspector, a [A] building permit which has become invalid or which has expired
pursuant to this subsection may be renewed or extended for additional periods up to ninety
days upon written application of the permit holder, provided that:
(1) The permit has not been revoked or suspended at the time the application for renewal is
made;
(2) The applicable fee has been paid;
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Village of Ossining, NY
(3) All relevant information in the application has been provided and is current; [and]
(4) Proof that taxes, water bills, sewer rents, fines payable to the Justice Court and all other fees or
fines due and payable to the Village for the property subject to the application are paid in full;
(5) No application to renew a building permit shall be accepted, processed or reviewed where there
are existing violations of any provision of the Uniform Code, the Energy Code or the Village Code
for the property which is the subject of the application except where the application is submitted
to cure existing violations; and
(6) The application is approved by the Building Inspector.
K. Revocation or suspension of building permits. The Building Inspector may revoke or suspend a
building permit previously issued in the following instances:
(1) Where the Building Inspector finds that any false statements or misrepresentations as to
material facts were made in the application, plans or specifications upon which the
building permit was based.
(2) Where the Building Inspector finds that the building permit was issued in error because of
incorrect, inaccurate, or incomplete information, or the work for which the building
permit was issued violates the Uniform Code, the Energy Code or the Village Code and the
permit should not have been issued.
(3) Where the Building Inspector finds that the work performed under the building permit is
not being completed in accordance with the provisions of the application, plans,
specifications and the conditions, if any, imposed by the Board of Trustees, Planning
Board/Board of Architectural Review, Zoning Board of Appeals and/or Historic
Preservation Commission.
(4) Where the person to whom a building permit has been issued fails or refuses to comply
with a stop-work order issued by Code Enforcement personnel.
(5) Where violations are observed on the same parcel that is the subject of the building
permit and such violations remain uncorrected after 30 days, regardless of whether such
violations are related to the purposes for which the building permit was issued.
(6) The Building Inspector shall revoke the building permit or suspend the building permit
until such time as the permit holder demonstrates that: 1) all work then completed is in
compliance with the applicable provisions of the Uniform Code, the Energy Code and the
Village Code; and 2) all work then proposed to be performed shall be in compliance with
the applicable provisions of the Uniform Code, the Energy Code and the Village Code.
L. Fee. The fee specified in the Village's annual fee schedule must be paid at the time of
submission of an application for a building permit, for an amended building permit, or for
renewal of a building permit.
M.
Inspection by code enforcement personnel. Upon showing of proper credentials, Code
Enforcement personnel may enter any building, structure, or premises at any reasonable hour
for the purpose of enforcing this chapter. If the property owner, property manager, tenant or
other person in charge of the building or area to be entered refuses entry to Code Enforcement
personnel or otherwise impedes, restricts, interferes or obstructs Code Enforcement personnel
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Village of Ossining, NY
from inspecting the building, structure or premises, the Corporation Counsel may seek an order
that the owner or other person in charge cease and desist with such interference and allow the
inspection to proceed or to obtain a warrant authorizing Code Enforcement personnel to enter
the building, structure or premises pursuant to § 92-14.
§ 92-9. Certificates of occupancy and certificates of compliance.
A. Certificate of occupancy and certificates of compliance required. A certificate of occupancy or
certificate of compliance shall be required for any work which is the subject of a building
permit and for all structures, buildings, or portions thereof, which are converted from one use or
occupancy classification or subclassification to another. Permission to use or occupy a building
or structure, or portion thereof, for which a building permit was previously issued shall be
granted only by issuance of a certificate of occupancy or certificate of compliance. No building
or structure in the Village which is subject to the Uniform Code, the Energy Code or the Village
Code shall be used or occupied until a certificate of occupancy has been issued by the Building
Inspector except as provided in Subsection F of this section. No building hereinafter enlarged,
extended or altered or upon which work has been performed requiring the issuance of a
building permit, shall continue to be occupied or used for more than 30 days after the
completion of the alteration or work unless a certificate of occupancy for the same shall have
been issued by the Building Inspector.
B. Issuance of certificates of occupancy and certificates of compliance. The Building Inspector
shall issue a certificate of occupancy or certificate of compliance if the work which was the
subject of the building permit was completed in accordance with all applicable provisions of the
Uniform Code, the Energy Code and the Village Code and, if applicable, that the structure,
building or portion thereof that was converted from one use or occupancy classification or
subclassification to another complies with applicable provisions of the Uniform Code, the
Energy Code and the Village Code. The Building Inspector shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition,
where applicable, the following documents prepared in accordance with the provisions of the
Uniform Code by such person or persons as may be designated by or otherwise acceptable to
the Building Inspector at the expense of the applicant for the certificate of occupancy or
certificate of compliance shall be provided to the Building Inspector prior to the issuance of the
certificate of occupancy or certificate of compliance:
(1) A written statement of structural observations and/or a final report of special
inspections;
(2) Flood hazard certifications;
(3) A written statement of the results of tests performed to show compliance with the
Energy Code; and
(4) Where applicable, the affixing of the appropriate seals, insignias, and manufacturer's
data plates as required for factory manufactured buildings and/or manufactured homes.
C. Contents of certificates of occupancy and certificates of compliance. A certificate of occupancy
or certificate of compliance shall contain the following information:
(1) The building permit number, if any;
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Village of Ossining, NY
(2) The date of issuance of the building permit, if any;
(3) The name (if any), address and Tax Map number of the property;
(4) If the certificate of occupancy or certificate of compliance is not applicable to an entire
structure, a description of that portion of the structure for which the certificate of
occupancy or certificate of compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The occupant load of the assembly areas in the structure, if any;
(8) Any special conditions imposed in connection with the issuance of the building permit;
(9) If an automatic sprinkler system is provided, a notation as to whether the sprinkler
system is required; and
(10) The signature of the Building Inspector issuing the certificate of occupancy or certificate of
compliance and the date of issuance.
D. Temporary certificate of occupancy. The Building Inspector shall be permitted to issue a
temporary certificate of occupancy allowing the temporary occupancy of a building or
structure, or a portion thereof, prior to completion of the work which is the subject of a
building permit. However, in no event shall the Building Inspector issue a temporary certificate
of occupancy unless the Building Inspector determines: 1) that the building or structure, or
portion thereof covered by the temporary certificate of occupancy, may be occupied safely; 2)
that any required fire and life safety components, such as fire protection equipment and fire,
smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and 3)
that all required means of egress from the structure have been provided. The Building
Inspector may include in a temporary certificate of occupancy such terms and conditions as
deemed necessary or appropriate to ensure the health and safety of the persons occupying and
using the building or structure and/or performing further construction work in the building or
structure. A temporary certificate of occupancy shall be effective for a period of time not to
exceed six months, which length of time shall be determined by the Building Inspector and
specified in the temporary certificate of occupancy. During the specified period of effectiveness
of the temporary certificate of occupancy, the permit holder shall undertake to bring the
building or structure into full compliance with all applicable provisions of the Uniform Code,
the Energy Code and the Village Code. The Building Inspector shall determine the amount of an
escrow to be paid by the permit holder to ensure completion of the work.
E. Revocation or suspension of certificates. If the Building Inspector determines that a certificate
of occupancy, certificate of compliance or temporary certificate of occupancy was issued in
error because of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Building Inspector within such period of
time as shall be specified by the Building Inspector, the certificate shall be revoked or
suspended.
F. Certificate based on engineer/architect certification. The Building Inspector is authorized to
issue a certificate in regard to any building or structure upon receiving from a state-licensed
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Village of Ossining, NY
professional engineer or registered architect as-built plans with a sworn affidavit which, to the
satisfaction of the Building Inspector, certifies that the structure complies with all
requirements of the Uniform Code, the Energy Code and the Village Code existing at the time
the building or structure was erected, notwithstanding that the building or structure may not
have the requisite building permits. Said certificate shall recite that the certificate is issued
upon the certification of the licensed professional engineer or registered architect and that the
building or structure complies with all requirements of the Uniform Code, the Energy Code and
the Village Code at the time the building or structure was erected and that the issuance of the
certificate is solely on the basis of such certification and not on the basis of any other
inspection or investigation.
G. Fee. The fee specified in the Village's annual fee schedule must be paid at the time of
submission of an application for a certificate of occupancy, certificate of compliance or
temporary certificate of occupancy.
H. Except where the issuance of a certificate of occupancy or certificate of compliance [will
result] results in curing of existing violations, a certificate of occupancy or certificate of
compliance will not be issued where the building, structure or [portion thereof] property
where the building or structure is located for which such certificate is sought, is the subject of
[a pending violation] pending violations, including but not limited to an Order to Remedy, an
appearance ticket, a notice to repair, notice to vacate, notice to demolish, notice that the
property is uninhabitable, notice to clear overgrowth, a temporary restraining order,
preliminary injunction or injunction.
I. No certificate of occupancy, certificate of compliance or temporary certificate of occupancy
shall be issued without proof that taxes, water and sewer charges, fines payable to the Town
Justice Court and all other fees due and payable to the Village for the building or structure
subject to the application are paid in full.
Section 2. Effective Date.
This local law shall be effective upon filing with the Secretary of State pursuant to section 27 of the
Municipal Home Rule Law.
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Local Law -2025
A local law amending chapter 229 (Streets and Sidewalks) of the Village of Ossining Code.
BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows:
Section 1. Chapter 229, section 229-76 (Streets and Sidewalks/Notification of Defects/Amendment
of Statutory Provision) is amended with new language underlined and deleted language in [brackets].
§ 229-76. [ Amendment of statutory provision. [Amended 8-3-1999 by L.L. No. 2-1999]] Prior written
notice of defect.
[Section 6-628 of the Village Law, as added thereto by Chapter 892 of the Laws of 1972, as it applies
to the Village of Ossining, is hereby amended to read as follows:
Section 6-628. Liability of Village in certain actions. No civil action shall be brought or
maintained against the Village of Ossining for damages or injuries to persons or property
sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being
defective, out of repair, unsafe, dangerous or obstructed or in consequence of the existence
or accumulation of snow or ice upon any street, highway, bridge, culvert, sidewalk or crosswalk
unless written notice of the existence of such condition, relating to the particular place, had
theretofore actually been given to the Village Clerk of the Village of Ossining, and there had
been a failure or neglect on the part of said Village to cause such condition to be corrected or
such snow or ice to be removed, or the place otherwise made reasonably safe within a
reasonable time after the receipt of such notice.]
A. No civil action may be maintained against the village for damages or injuries to persons or
property sustained in consequence of any street, highway, bridge, culvert, sidewalk,
grating, opening, drain, sewer, public parking area, playground, trailway or crosswalk
being defective, out of repair, unsafe, dangerous, or obstructed unless, before the
occurrence resulting in such damages or injury, (a) notice of the defective, unsafe,
dangerous, or unobstructed condition was delivered to the Village Clerk at 16 Croton
Avenue, Ossining, New York 10562 in the form of a written physical hard copy and (b) the
village failed or neglected to repair or remove the defect, danger or obstruction within a
reasonable time after being given such notice.
B. No civil action may be maintained for damages or injuries to persons or property
sustained solely in consequence of the existence of snow or ice upon any village sidewalk,
crosswalk or street unless (a) notice thereof relating to the particular place was delivered
to the Village Clerk at 16 Croton Avenue, Ossining, New York 10562 in the form of a
written physical hard copy and (b) the village failed or neglected to cause such snow or
ice to be removed or to otherwise reasonably make safe the place within a reasonable
time after receiving the notice.
C. Notice of a defect submitted via email, the village’s website, any service, website, or
application the village uses to allow the public to submit reports or service requests to
the village, comments on a social media page maintained by the village, or any other
electronic means does not satisfy the process and procedure for submitting written
notices of defect required by this section.
D. Nothing herein contained, however, shall be held to revive any claim or cause of action
now barred by any existing requirements or statute of limitations nor to waive any
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existing limitation now applicable to any claim or cause of action against the Village.
Section 2. Chapter 229, section 229-77 (Streets and Sidewalks/Notification of Defects/Prior
Actions) is amended with new language underlined and deleted language in [brackets].
§ 229-77. [ Prior actions.] Duty to maintain sidewalk; liability of person in charge.
[Nothing herein contained, however, shall be held to revive any claim or cause of action now barred
by any existing requirement or statute of limitations nor to waive any existing limitation now
applicable to any claim or cause of action against the Village of Ossining.]
A. Every owner, lessee, tenant, occupant or other person having charge of any property in
the Village shall maintain the sidewalks abutting such property and shall keep the same in
a safe state of repair and free from defects, dangerous conditions, snow and ice and other
obstructions. Such owner, lessee, tenant, occupant or other person having charge of such
property shall be primarily liable to third persons for damages or injuries to person or
property sustained due to a defective, out of repair, unsafe, dangerous, obstructed or
slippery condition on such sidewalk.
B. The term “abutting” used in section 229-77A, section 229-6A and Village Charter section
C5-32 includes property that is in close proximity to an improved sidewalk although
separated from the sidewalk by a municipal right-of-way. See, Pardi v. Barone, 257 A.D.2d
42 (3rd Dept. 1999).
Section 3. Effective date.
This local law shall be effective upon filing with the Secretary of State pursuant to section 27 of the
Municipal Home Rule Law.
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Village of Ossining, NY
§ 247-14 OSSINING CODE § 247-14
Local Law -2025
A local law amending Chapter 247 (Towing) of the Village of Ossining Code.
BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows:
Section 1. Chapter 247 (Towing) is amended with new language underlined and deleted language in
[brackets].
§ 247-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCIDENT — Any incident or occurrence in which one or more motor vehicles contact each other or
another object, thereby causing personal injury and/or property damage.
AUTOMOBILE — Any private passenger motor vehicle or vehicle included in the definition of
"automobile" under the New York State Vehicle and Traffic Law.
DISABLED VEHICLE — Any vehicle for which towing is necessary because of an accident or for which
towing is necessary because of the vehicle's inability to proceed under its own motor power due to
reasons other than an accident.
FOR HIRE — Any instances where a fee, charge or other consideration is directly or indirectly imposed
for towing, carrying, impounding, recovering or removing a vehicle.
GVWR — The gross vehicle weight rating of a tow truck, consisting of the weight of the unladen tow truck
plus the maximum carrying capacity recommended by the vehicle's manufacturer.
Light Duty Tow- Tow truck to have a GVWR of up to 10,000 pounds with dual wheels and four-ton
minimum winching capacity.
Heavy Duty Tow- Tow truck having a GVWR of 10,000 pounds or greater with dual wheels and a forty-
ton minimum winching capacity.
IMPOUND/STORAGE FACILITY — An area where towed vehicles may be legally stored pursuant to the
laws of the Village of Ossining, including, but not limited to, the Village's zoning code, or the laws of the
municipality for tow truck operators on the heavy-duty rotational tow list not located within the
boundaries of the Village of Ossining. The impound/storage facility shall be [and which facility is]
owned or leased by the tow truck operator permittee.
OWNER — Includes a person owning, leasing or controlling one or more tow trucks and operating or
causing such tow trucks to be operated on public highways for hire.
PERSON — Includes an individual, partnership, an unincorporated association, corporation or other entity.
PUBLIC HIGHWAY — Any highway, road, street, avenue, alley, public place, public driveway or any other
public way.
ROTATIONAL TOW [LIST] Lists — The [list] lists consisting of light-duty and heavy-duty created and
maintained by the Ossining Police Department consisting of tow truck companies authorized to tow
vehicles on behalf of or at the request of the Ossining Police Department.
TOW TRUCK — A motor vehicle that tows or carries a disabled, illegally parked, or abandoned vehicle or
a vehicle involved in an accident.
TOW TRUCK DRIVER — Any person driving a tow truck for hire.
TOW TRUCK DRIVER'S PERMIT — Permit issued by the Village of Ossining Clerk identifying the individual
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§ 247-14 OSSINING CODE § 247-14
as one who is licensed to drive a tow truck on behalf of or at the request of the Ossining Police
Department.
TOW TRUCK OPERATOR — A person who applies for and receives from the Village of Ossining Clerk a
permit to engage in the business of towing and/or storage of vehicles.
TOW TRUCK OPERATOR PERMIT — Permit issued by the Village of Ossining Clerk identifying the person
as authorized to perform as a tow truck operator to tow vehicles on behalf of or at the request of the
Ossining Police Department.
TOWING — The moving, removing or recovering of a vehicle by another vehicle for hire.
VEHICLE — A motor vehicle as defined in § 125 of the Vehicle and Traffic Law, a tractor as defined in
§ 151-a of such law or a trailer as defined in § 156 of such law.
WINCHING — The act of utilizing a motorized cable on a tow truck to pull a vehicle for any purpose,
including, but not limited to, aligning a vehicle that is sideways, overturned, off road in a ditch or
embankment, a vehicle that is locked in a parking lot with no keys available or a vehicle that has
suspension or axle damage which will not allow the vehicle to roll off a flatbed truck. Winching shall not
apply to vehicles being pulled onto a tow truck from the street.
§ 247-5. Application for a tow truck operator's permit; application fee.
A. Applicants for a tow truck operator's permit under this chapter shall file with the Village Clerk a
sworn application on a form to be furnished by the Clerk including the following information:
(1) The full name and address of the applicant. If the applicant is a corporation, it shall provide
the names and addresses of all officers and directors, the registered agent and the names and
addresses of stockholders owning more than 10% of the issued stock. If the applicant is a
partnership, it shall provide the names and address of the partners. If the applicant is a
limited-liability company, it shall provide the names and addresses of the officers and
directors. For an unincorporated association, the application shall include the names and
addresses of each member thereof.
(2) The year, make and model of each tow truck proposed to be used by the operator, vehicle
identification number, registration number, name of registered owner, proof of current
inspection and proof of current insurance.
(3) The address where the tow trucks shall be regularly garaged, the telephone number(s),
names, addresses and proof [a] of valid New York State [driver's] drivers’ licenses with
appropriate endorsements for all tow truck drivers.
(4) The location, size and security features of the storage facility in which the towed vehicles will
be stored, including the number of available spaces. Impound/storage facilities may be
indoors or outdoors and capable of holding up to six cars. The impound/storage facility shall
meet the following requirements:2
(a) The impound/storage facility complies with applicable laws and codes, including the
Village's zoning code and for tow truck operators located outside of the Village’s
boundaries, compliance with the local laws of the municipality where the vehicles will
be stored/impounded;
(b) The impound/storage facility if located outdoors, shall be paved and provide drainage
and be surrounded by a six-foot gated fence screening the vehicles held therein from
view; and
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(c) The property where the impound/storage facility is located shall be owned or leased by
the applicant. Proof of ownership or an executed lease agreement shall be provided.
(5) Show reasonable measures to prevent theft and/or damage to stored vehicles.
(6) The name and address of the insurance carriers and the policy numbers of all insurance
policies as required by § 247-7 of this chapter.
(7) A certification that on-call towing and storage services will be available 24 hours per day, every
day of the year.
(8) A certification that the fees and procedures required by this chapter shall be complied with at
all times.
(9) All crimes, if any, of which the applicant, member, officer, director or shareholder have been
convicted, stating the name and location of the courts in which convicted, the dates on which
such convictions were had and penalties imposed.
(10) Whether the applicant wants to appear on the Village's tow rotation lists.
(11) Such other information as the Chief of Police may reasonably prescribe.
B. The application for a tow truck operator's permit shall be accompanied by a fee as determined,
from time to time, by the Board of Trustees which fee will be published in the Village's annual fee
schedule.
C. Tow truck operator permits are issued for one tow truck. If the operator has more than one tow
truck, multiple permits shall be obtained at a fee determined, from time to time, by the Board of
Trustees which fee will be published in the Village's annual fee schedule.
§ 247-6. Minimum standards for permit approval.
A. The Chief of Police may approve the issuance of a permit to a tow truck operator where the
following minimum standards are met:
(1) Fingerprint Requirement
(a) The Chief of Police shall request from the State Division of Criminal Justice Services
and the Department of Motor Vehicles record checks as to criminal and Vehicle and
Traffic Law violations for applicants for tow truck operator permits. Every applicant
for such permit shall be fingerprinted at the request of the Ossining Police
Department, which fingerprints shall be forwarded to the State Division of Criminal
Justice Services for processing. The applicant shall tender the fee required by the
State Division for Criminal Justice Services and any third party vendor for such
fingerprint processing in the form and manner as prescribed by the Division.
(2) The applicant does not have any criminal convictions or prior motor vehicle infractions which
might adversely affect public safety or welfare. If an applicant has been convicted of a crime,
any decision by the Chief of Police regarding such applicant’s fitness for a permit to a tow truck
operator shall be made upon consideration of New York Correction Law §§ 701 to 703-b,
(Article 23) and §§ 751 to 753, (Article 23-A). Correction Law §§ 701 to 703-b provide for
certificates of relief from disability and certificates of good conduct, and §§ 751 to 753 set
forth New York’s public policy to encourage the licensure and employment of persons
previously convicted of one or more criminal offenses and factors that should be considered in
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making such licensure and employment determinations. [Amended 8-21-2024 by L.L. No. 10-
2024]
(3) The applicant who wants to provide light-duty towing services must own, lease, operate and
maintain a facility for impounding of vehicles within the boundaries of the Village of Ossining
such that the tow operator can respond to a call for service within 30 minutes of notification.
If the applicant does not own the premises where the storage facility is located, a written
lease for the use of the premises must be provided with the application. A permit will not be
issued unless [The] ] the impound/storage facility [must be in compliance] complies with all
local zoning, building and fire codes as certified by the Building Inspector or his/her designee.
(4) The applicant who wants to provide heavy-duty towing services must own, lease, operate and
maintain a facility for impounding vehicles such that the tow operator can respond to a call for
service within 30 minutes of notification. If the applicant does not own the premises where the
impound/storage facility is located, a written lease for the use of the premises must be
provided with the application. A permit will not be issued unless the impound/storage facility
complies with the all local zoning, building, fire and safety codes as certified by the Code
Enforcement Officer of the municipality where the impound/storage facility is located..
(5) The applicant maintains twenty-four-hour capability to answer emergency calls regarding
towing of motor vehicles. The applicant or one of its employees shall be reachable by phone
at all times at a designated number(s). Applicants must respond to all calls for towing from
the Police Department on a twenty-four-hour-per-day basis, seven days per week all year
without exception.
(6) The tow trucks and equipment are in safe and sound condition and in compliance with all
applicable laws, rules and regulations. All applicants must meet minimum standards of
operator performance, including, but not limited to, standards concerning the adequacy of
the applicant's equipment and storage facility and availability.
B. In addition to the minimum standards referenced above, all applicants are subject to
disqualification if found deficient in any of the following areas:
(1) The applicant provided false or inaccurate information on the application form.
(2) The applicant lacks experience and/or does not have good references from prior customers of
the applicant's towing and storage services.
(3)The applicant lacks sufficient insurance coverage for damage or loss of vehicles while under
the applicant's control.
§ 247-7. Insurance and indemnification.
A. Applicants for tow truck operator permits shall present with the application documents confirming
the following insurance coverages:
(1) New York State workers' compensation with statutory coverage[, including employers'
liability insurance with limits of liability of at minimum $100,000 for each employee].
(2) New York State disability insurance.
(3) Comprehensive general liability insurance, including completed operations coverage,
personal injury liability coverage, broad form property damage liability coverage, and
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contractual liability coverage insuring the agreements contained herein. The minimum limits
of liability carried on such insurance shall be $1,000,000 per occurrence and $2,000,000
aggregate.
(4) Automobile liability insurance for all vehicles utilized by the applicant, whether owned or not
owned by the applicant. The minimum limits of liability carried for such insurance shall be
$1,000,000 [per person and $1,000,000 per incident] combined single limit. [Each applicant
also shall be required to carry an umbrella insurance policy for up to $3,000,000 to cover any
claims above the primary layers of coverage.]
(5) Garage keeper's liability insurance [with a minimum limit of liability of $1,000,000] with minimum
coverage limits sufficient to cover fire, theft and property damage that will fully cover any vehicle
towed, impounded or stored.
(6) All policies of insurance provided by the applicant shall be endorsed to contain the following
clauses:
(a) Insurers shall have no right to recovery or subrogation against the Village (including its
employees, agents, and elected officials), it being the intention of the parties that the
insurance policies so effected shall protect both parties and be primary coverage for any
and all losses covered by the above-described insurance;
(b) The clause "other insurance provisions" in a policy in which the Village is named as an
additional insured shall not apply to the Village;
(c) The insurance companies issuing the policy or policies shall have no recourse against the
Village for payment of any premiums or for assessments under any form of policy; and
(d) Any and all deductibles in the above-described insurance policies shall be assumed by
and be for the account of, and at the sole risk of, the applicant.
(7) Selected insurance companies must be admitted to do business in New York and have a rating
of A or better.
(8) All applicants must furnish certificates of insurance to the Village Clerk for review by the
Corporation Counsel [upon] with the application for the permit.[, and with] With respect to
policy renewals, such certificates shall be provided at least 20 days prior to the renewal date.
All insurance policies shall include language providing for 30 days' advance written notice
before policy cancellation or a material change in coverage shall be given to the Village of
Ossining Corporation Counsel, 16 Croton Avenue, Ossining, New York 10562.
(9) The Village of Ossining [and Ossining Police Department,] its [including] employees and
elected officials, shall be named as additional insureds for the comprehensive general liability
and automobile liability insurance policies.
(10) Any permit issued under this chapter shall be automatically revoked upon expiration or
cancellation of the required insurance or if there is any material change in coverage which
renders that coverage not in compliance with the aforementioned requirements.
B. Tow truck operator permit applicants shall submit with the application a fully executed hold
harmless agreement in a form satisfactory to the Corporation Counsel. The applicant shall agree to
indemnify and save harmless the Village of Ossining, [Ossining Police Department,]its elected
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officials and employees from and against all claims, damages, loss and expense (including, but not
limited to, reasonable attorneys' fees) arising out of or resulting from the permitted activity,
sustained by any person or persons, provided that any such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to injury or destruction of property
caused by the tortious or negligent act or omission of the applicant, applicant's employees and
agents.
§ 247-10. Fingerprint requirement. [Amended 8-21-2024 by L.L. No. 10-2024]
A. The Chief of Police shall request from the State Division of Criminal Justice Services and the
Department of Motor Vehicles record checks as to criminal and Vehicle and Traffic Law violations
for applicants for tow truck driver's permits. Every applicant for such permit shall be fingerprinted
at the request of the Ossining Police Department, which fingerprints shall be forwarded [by a third
party vendor] to the State Division of Criminal Justice Services for processing. The applicant shall
tender the fee required by the State Division of Criminal Justice Services and any third party vendor
for such fingerprint processing.
B. If an applicant for a tow truck driver’s permit has been convicted of a crime, any decision by the
Chief of Police regarding such applicant’s fitness for a permit shall be made upon consideration of
New York Correction Law §§ 701 to 703-b, (Article 23) and §§ 751 to 753, (Article 23-A). Correction
Law §§ 701 to 703-b provide for certificates of relief from disability and certificates of good
conduct, and §§ 751 to 753 set forth New York’s public policy to encourage the licensure and
employment of persons previously convicted of one or more criminal offenses and factors that
should be considered in making such licensing and employment determinations.
§ 247-12. Rotational on-call tow lists.
A. The Police Department shall maintain two rotational on-call towing lists. The first list is for tow truck
operators capable of towing automobiles and light trucks up to 10,000 pounds GVWR (Light-duty
Tow). The second list is for tow operators capable of towing vehicles in excess of 10,000 pounds
GVWR (Heavy-duty Tow). A tow truck operator may be on both lists. To be included on the
rotational on-call towing list, an applicant must meet the requirements of this chapter.
B. Calls to tow truck operators on the rotational on-call list shall be made on a nondiscriminatory
basis pursuant to procedures established by the Chief of Police. Nothing herein shall prohibit the
Chief of Police or designee from calling a tow truck operator out of sequence or seeking the
services of a tow truck operator not on the rotation list if the circumstances require special
equipment or in the interests of public safety. If the tow truck operator selected does not respond
to the scene within 30 minutes after notification from the Police Department, the police officer on
scene shall so advise the Police Department dispatcher who shall summon the next tow truck
operator on the rotational on-call list. The tow truck operator who failed to respond shall be placed
at the bottom of the rotation list.
C. A towing log shall be maintained by the Police Department. The individual responsible for contacting
the tow truck operator from the rotational on-call towing list shall log all calls to the tow truck
operator. The log shall include the tow truck operator's name, time of call, blotter number
associated with the event requiring a tow and whether the tow truck operator responded. Upon
the tow truck operator's response to the scene, the responding police officer will so advise the
responsible person at the Police Department.
D. Current copies of the rotational on-call tow lists shall be made available to the public at police
headquarters and on the Village's website.
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E. It shall be unlawful for a tow truck operator issued a permit by the Village of Ossining to willfully
refuse to tow away a vehicle after having appeared on the scene, or to willfully fail to arrive at the
scene after being duly called regardless of the hour of the day or distance to the scene of the
requested tow. The tow truck operator's failure to answer a call for service or refuse to answer a
call for service on three occasions within three consecutive months shall result in a suspension
from the rotational on-call tow list for no more than 90 days.
F. Nothing in this chapter shall prevent a vehicle owner from choosing to call a tow truck operator
that is not on the Village's rotational on-call tow lists; provided, however, that should that tow
truck operator be unable to respond in a reasonable period of time and if the police officer on
scene has bona fide safety concerns, the police officer may supersede the owner's intention and
call a tow truck operator from the rotational on-call tow [list] lists.
G. Police officers shall not recommend a particular tow company. Where the owner or operator of the
disabled vehicle requests the name of a tow company, the responding police officer shall inform
the owner or operator that the Police Department maintains [a] rotational on-call tow [list] lists
comprised of certain tow truck operators all of which have met certain criteria thus offering the
companies the opportunity to be utilized for towing calls.
H. If more than one tow truck operator is needed to tow vehicles from a scene, the Police
Department shall contact the next tow truck operator on the applicable rotational on-call tow list.
The first tow truck operator to arrive at the scene of a multivehicle accident shall have preference of
choice as to which vehicle to tow if the owner/operator agrees. The responding police officer may
override the first responding tow truck operator if necessary.
§ 247-13. Towing charges.
A. The fee for towing and storage of vehicles removed at the direction of the Police Department shall
be set, from time to time, by the Board of Trustees and published in the Village's annual fee
schedule. The Chief of Police may recommend changes to the fees should the chief become
aware of any material changes to the prevailing fees for towing and storage.
B. Storage charges shall not be imposed if the towed vehicle was stolen and the fact that the vehicle
was stolen was reported to a police agency. However, the owner of a vehicle reported as stolen
will be responsible for towing fees incurred.
C. It shall be unlawful for any tow truck operator or tow truck driver to demand or receive any
payment in excess of the charges in the Village's published annual fee schedule.
§ 247-14. Suspension and revocation of tow truck operator permit or tow truck driver permit.
A. Investigation.
(1) In the event the Village receives a complaint regarding any alleged excessive or exorbitant fee
and/or substandard service, or otherwise is in possession of information indicating that a tow
truck operator or tow truck driver is not in compliance with the terms and conditions of this
chapter, the Village shall have a right to investigate and take appropriate action.
(2) The Chief of Police or designee shall be responsible for conducting the investigation into
complaints involving tow truck operators and tow truck drivers.
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(3) Upon completion of the investigation and substantiation of the complaint, the Chief of Police
or designee shall notify the permit holder, in writing, of the complaint and the determination.
The Chief of Police shall afford the permit holder an opportunity to meet and discuss the
complaint and compliance measures.
B. The Chief of Police or designee may deny, suspend or revoke any active tow truck operator or tow
truck driver permit for a violation of this chapter or any other statute or ordinance or for any
conduct involving an unreasonable risk to the safety and welfare of specific individuals or the
general public. Notice of permit denial, suspension or revocation and the reason(s) therefor shall
be served by the Chief of Police or designee upon the person named in the permit either personally
or by [registered/] certified mail with return receipt requested. Mailing shall be to the same
address given in the permit or application. If a permit is revoked, no refund of any portion of the
permit fee shall be made.
C. An application can be denied for any of the reasons listed herein. Additionally, the Chief of Police or
designee retains the right to deny an application for any perceived conduct involving an unreasonable
risk to the safety or welfare of specific individuals or the general public.
D. Except for a suspension under section 247-12E, a suspension of a permit by the Chief of Police or
designee shall be effective for 30 days starting from the date of notification to the permit holder.
When the notice is served personally the date of notification is the date of service. If the notice
is served by certified mail, the date of notification is three calendar days after the notice is
mailed.
E. Grounds for suspension and revocation.
(1) No permit issued under this chapter shall be suspended or revoked without cause. Cause shall
include, but not be limited to:
(a) Failure to properly maintain the designated towing vehicle(s) and/or equipment, [both
physically and/or mechanically,] or to lack required insurance coverage.
(b) Any substantiated complaint to the Village as set out in this chapter.
(2) Revocations. A permit shall be revoked by the Chief of Police upon the occurrence of any of the
following:
(a) The conviction [of] for two violations of this chapter within a twelve-month period shall
result in the revocation of the permit for one year.
(b) The conviction [of] for three violations of this chapter within a twenty-four-month
period shall result in permanent revocation of the permit so that the permit holder may
not reapply for a new permit.
(c) Any suspensions and/or substantiated complaints within the twelve-month period of
the issuance of the permit.
(d) Any three suspensions and/or substantiated complaints within [the twelve] twenty-
four-[month period] months of the issuance of the permit.
(e) Knowingly filing a false application.
(f) Any arrest or conviction of a permit holder for a criminal offense committed by such
person during or in relation to towing operations.
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(g) The suspension or revocation of a tow truck driver's New York State driver's license by
the New York State Department of Motor Vehicles.
(h) Operation of a tow truck without the insurance required by this chapter, operation for
illegal purposes or operation otherwise in violation of law.
F. Review of denial, suspension or revocation. The Corporation Counsel shall serve as the hearing
officer to hear and decide appeals taken by any determination made by the Chief of Police or
designee which denied, suspended or revoked a permit. Any applicant who shall have been refused
a permit or the holder of a tow truck operator or tow truck driver permit whose permit has been
suspended or revoked may appeal to the Corporation Counsel for review of such denial,
suspension or revocation as set forth in this chapter. The failure of an aggrieved party to take an
appeal within 10 calendar days of service of such denial, suspension or revocation shall constitute
a waiver of the right to appeal. [For personal service, service will be deemed effective upon the
date of service. For service by registered or certified mail, service will be deemed effective three
days after mailing.] An appeal shall be taken by filing with the Corporation Counsel by personal
delivery, mail or email a written appeal statement providing the applicant or permit holder's
name, address, email address, phone number and contact information for the applicant or
permit holder's representative, if any. The appeal statement should detail the basis for which a
determination is requested reversing or modifying the determination of the Chief of Police. The
applicant or permit holder may be represented by counsel and shall have an opportunity to
present evidence and question witnesses. The Chief of Police or designee similarly may present
evidence. The hearing on the appeal will be held at a mutually convenient time no later than 20
calendar days after receipt of the appeal by the Corporation Counsel. The Corporation Counsel
will arrange for the services of a stenographer to provide a transcript of the hearing. The Village
and the appellant shall share the cost of the transcript. Upon consideration of the evidence,
but in no event later than 10 [ business] calendar days after the close of the hearing, the
Corporation Counsel shall issue a written decision sustaining, modifying or reversing the
decision of the Chief of Police or designee. The determination by the Corporation Counsel
shall be filed with the Village Clerk and upon filing will become final. The Corporation Counsel's
[determination] decision is subject to review pursuant to Article 78 of the Civil Practice Law and
Rules. Such proceeding must be commenced within 30 days of the filing of the [determination]
decision.
Section 2. Effective Date.
This local law shall be effective upon filing with the Secretary of State pursuant to section 27 of the
Municipal Home Rule Law.
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§ 247-3 OSSINING CODE § 247-5
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