Chapter 5.86 TOW TRUCK OPERATORS

Transcription

1 Chapter 5.86 TOW TRUCK OPERATORS Sections: Definitions License required - Tow truck services - Exemption Tow truck service--qualifications of owners/officers Tow truck service license application Investigation--Recommendation by chief of police Tow truck operator licenses--exemption Tow truck operator qualifications Tow truck operator license application Term of licenses--tow truck service--tow truck operator licenses License fees Deadline for renewal of license--procedure and late penalties Appeals Service Violation of ordinance--sanctions Tow operation storage lots--duty to inform public and to use Security of vehicles and property at storage lots Hours of business--filing and notice Inspection of permits, licenses, records and equipment Licenses nontransferable Licensee duties--accident scene Solicitation at scene of accident Towing and storage rates - Incorporation of Washington state patrol rates City-dispatched tow calls--additional requirements Tow zones Rotation list for city-dispatched calls Rotation list procedures Response time--sanctions Storage lots for city-dispatched calls Notice of impound appeal procedures Hours of release for city-dispatched tows General duty Enforcement--Regulations Penalty for violations. Section Definitions. In construing the provisions of this chapter, except where otherwise declared or apparent from the context, the following definitions shall apply: 1. "City" means the City of Vancouver. 2. "City-dispatched tow" means and includes the towing of a vehicle when requested by an officer of the Vancouver Police Department and/or the Clark Regional Communications Agency. 3. "Convenience tow" means the towing at the owner's request of an inoperative vehicle that has been removed from the roadway and no longer constitutes a hazard; or that, being mechanically operative,

2 is towed for convenience at owner's request. 4. "Owner of a motor vehicle" means and includes the registered owner, a person authorized by the registered owner to act on the owner's behalf, one who has purchased the vehicle from the registered owner and who produces proof of ownership, or the legal owner of the vehicle. 5. "Person" means any person, individual, partnership or corporation. 6. "Tow truck operator" means a natural person who drives or operates the towing equipment or a motor vehicle adapted to or designed for the towing of motor vehicles. 7. "Tow truck service" means the use of a motor vehicle adapted to or designed for the towing of motor vehicles to tow such vehicles owned by members of the general public, in consideration of a fee. "Tow truck service" includes the storing of vehicles and all other services incidental to towing. (Ord. M , 1984) Section License required - Tow truck services - Exemption. It is unlawful for any person, partnership, or corporation to engage in the business of operating a tow truck service within the city limits of Vancouver without first having obtained and having in effect a valid and current tow truck service license under the provisions of the ordinance codified in this chapter; provided, that the provisions of this chapter shall not prevent the owner of a motor vehicle which requires convenience tow service from requesting such service from a tow truck service located outside the city, to tow his or her vehicle either from a location in the city to a location outside the city or from a location outside the city to a location in the city. Tow trucks from tow truck services located outside the city, while operating within the city, shall nevertheless meet the safety, lighting and equipment standards set by the Washington State Patrol. (Ord. M , 1984) Section Tow truck service--qualifications of owners/officers. Any natural person, members of a partnership or officers of a corporation intending to begin or to continue to be in the business of operating a tow truck service in the city shall meet the following qualifications: 1. Be a minimum of eighteen years of age; 2. Be without a conviction or plea of guilty to any misdemeanor or felony related to theft, violence against persons, violations of the controlled substance act, the traffic act or codes, or misdemeanor or felony violations of the laws relating to the towing, storage or disposal of motor vehicles during the past five years; provided, that the applicant may rebut the presumption of unfitness for issuance of the license by presenting, with the application for the license, proof of expungement or pardon of such conviction or plea of guilty or pardon; or satisfactory proof of subsequent good behavior including but not limited to completion of all conditions of sentencing, payment of restitution, completion of treatment/counseling, and no subsequent conviction or plea of guilty to such charges. (Ord. M , 1984) Section Tow truck service license application. The application for a tow truck service license shall be verified under oath by the owner(s), partners, or corporate officers of the service and shall furnish the following information:

3 1. The name and residence address of the owner(s), partners or the corporate officers of the tow truck service, the address(es) at which the service does or will operate and the name under which the service does or will operate; 2. The location, size, telephone number, and security features of the storage lot(s) on which towed vehicles will be stored, the location where the public may claim such stored vehicles, and the hours during which the public may claim such stored vehicles. Applicants shall consent by such application to inspection of their storage lot(s) by the Vancouver Police Department and the Washington State Patrol; 3. A list and description of towing equipment owned or operated by the applicant; including license numbers, model type, locations, hours and availability of the towing equipment; 4. Adequate proof of all current licenses required by state and federal statutes and regulations; 5. Adequate proof that towing equipment owned or operated by the applicant meets or exceeds the minimum standards according to classification for tow trucks set by the Washington State Patrol in W.A.C A-010 through W.A.C A-180 as may be amended. A current letter of appointment by the Washington State Patrol pursuant to W.A.C A-030 (19), and W.A.C A-060 and W.A.C A-070 shall be presented as such proof; 6. Release(s) permitting the chief of police to obtain access to records of all governmental agencies and other sources of records relevant for purposes of verifying the contents of the application. The application and releases shall be filed with the city clerk on a form or forms to be approved by the clerk. (Ord. M , 1984) Section Investigation--Recommendation by chief of police. The city clerk shall forthwith transmit such application to the chief of police. The chief of police shall cause an investigation to be made to determine the truth and accuracy of the information contained in the application. The chief of police or the chiefs designate shall inspect the premises and equipment to be used in the tow truck operation for compliance with the ordinance codified in this chapter. Upon completion of such investigation, and within thirty days of the receipt of the application, the chief of police shall return to the city clerk the application, along with a recommendation for approval or disapproval of the license, and in the case of a recommendation for disapproval, a statement of the reasons for such a recommendation. If it has been found by the chief of police or the chiefs designate that the applicant has complied with the standards and criteria of the ordinance codified in this chapter, then a license shall be issued to the applicant by the city clerk. The license shall be denied in the event of any of the following: 1. Failure to comply with the standards of the ordinance codified in this chapter. 2. Failure to provide complete and accurate information on the application. The denial shall be in writing and shall state the reasons for denial. A copy of the denial shall be served upon the applicant. The denial may be appealed through the procedures set out in Section of this

4 chapter. (Ord. M , 1984) Section Tow truck operator licenses--exemption. It is unlawful for any person to drive or operate a tow truck within the city without first obtaining and having in effect a valid and current tow truck operator license under the provisions of this chapter; provided, that the provisions of this chapter shall not prevent an unlicensed person from driving or operating a tow truck for a tow truck service under the proviso in Section of this chapter. (Ord. M , 1984) Section Tow truck operator qualifications. Tow truck operators licensed under this chapter shall meet the following qualifications: 1. Be a minimum of eighteen years of age; 2. Be a holder of a valid, current vehicle operators' license issued in his/her own name with applicable endorsements; 3. Be able to speak and read English, print English legibly and to do common arithmetic; 4. Be without a conviction or plea of guilty to any misdemeanor or felony which relates to theft, violence against persons, violations of the controlled substance act, the traffic act or codes, or misdemeanors or felony violations of the laws relating to the towing, storage or disposal of motor vehicles during the past five years; provided, that the applicant may rebut the presumption of unfitness for issuance of the license by proof of expungement or pardon of such conviction or plea of guilty or by satisfactory proof of subsequent good behavior including but not limited to completion of all conditions of sentencing, payment of restitution, completion of treatment/counseling, and no subsequent conviction or plea of guilty to such charges. (Ord. M , 1984) Section Tow truck operator license application. Application for licenses for tow truck operators shall be verified under oath and shall be made to the city clerk on forms to be approved by the clerk. Applications shall be accompanied by two two-inch square photographs of the applicant taken within the previous sixty days, applicant and release(s) as provided in Section (6) hereof. The city clerk, shall within ten days of receipt of the application forward the application to the police department. Upon completion of the police investigation and within thirty days of its receipt of the application, the police department shall return the application, along with a recommendation for approval or disapproval of the tow truck operator license, and in the case of a recommendation for disapproval, a statement of the reasons for such recommendation. If it has been found that the information provided by the applicant is correct, and if he or she meets the requirements of this chapter, the clerk shall then sign and issue the appropriate license. The license shall be denied in the event of any of the following: 1. Failure to comply with the standards of this chapter, or 2. Failure to provide complete and accurate information on the application. Denial of the application may be appealed as provided in Section of this chapter. (Ord. M , 1984)

5 Section Term of licenses--tow truck service--tow truck operator licenses. Licenses for tow truck services and for tow truck operators issued under the ordinance codified in this section shall be valid for a period of one year or the prorated portion thereof and shall expire on December 31st of the year in which issued. (Ord. M , 1984) Section License fees. a. There shall be a tow truck service operator's license fee of twenty-five dollars. b. There shall be a tow truck operator license fee of ten dollars. c. The fees shall be due and payable at the time of license application. (Ord. M , 1984) Section Deadline for renewal of license--procedure and late penalties. A. Tow truck service and tow truck operator licensees shall make application for renewal of their licenses by the first of December preceding expiration of their licenses. B. Penalty fees for late application for renewal shall be as follows: 1. After December first deadline: a. Tow truck service licensees--ten dollars. b. Tow truck operator licensees--five dollars. 2. After December fifteenth: a. Tow truck service licensees--twenty-five dollars. b. Tow truck operator licensees--fifteen dollars. C. Such penalty fees shall be imposed in addition to the yearly license fees set forth in this chapter. (Ord. M , 1984) Section Appeals. Licensees and applicants for licenses pursuant to the ordinance codified in this chapter may appeal an adverse decision of the city clerk or chief of police to the city council. Appeals shall be filed in writing with the city clerk within five days of service of the notice of an adverse decision on a license or applicant for a license. In the case of revocations or suspensions of licenses and in the case of suspension or removal from the city rotation list, the city clerk, at the request of the licensee, shall either: 1. Schedule a hearing prior to the effective date of the notice of revocation, suspension, or removal,

6 or 2. Stay the effective date of the revocation, suspension, or removal until the time of the hearing. The council shall consider evidence from the Vancouver Police Department, other city staff, the applicant or licensee, and other witnesses, and shall determine upon the basis of such evidence whether the decision of the city clerk shall be upheld, amended or reversed. The decision of the council shall be final unless appealed to a court of competent jurisdiction within ten days. (Ord. M , 1984) Section Service. Service of all notices and other documents provided for by this chapter may be made by personal service or by United States mail, postage prepaid, by a form of mail requiring a signed receipt showing when and to whom it was delivered. Service by mail shall be complete upon the third day following the day upon which the document is placed in the mail unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be complete on the first day other than a Saturday, Sunday or legal holiday, following the third day. (Ord. M , 1984) Section Violation of ordinance--sanctions. Any tow truck service license or any tow truck operator's license may be revoked or suspended by the city clerk upon receipt of a written report from the chief of police documenting material violation of the standards of the ordinance codified in this chapter. A copy of the report shall be provided to the licensee along with the notice of revocation or suspension. Any tow truck service which is on the city rotation list may be suspended or removed from the list by the chief of police if found to have materially violated the standards of this chapter. Actions taken by the city clerk or chief of police under this section may be appealed in the manner provided in Section of this chapter. (Ord. M , 1984) Section Tow operation storage lots--duty to inform public and to use. All persons, partnerships or corporations licensed to operate tow truck services within the city shall provide one or more storage lots which have the following features: 1. A sign which identifies the name of the business and is readable by a person of normal vision at a distance of two hundred feet and which clearly identifies the telephone number of the business and its business hours. 2. All exterior storage shall be in an area completely enclosed by a fence of suitable construction and height to prevent access by the general public and with a gate which can be locked. The area of the storage lot shall be of sufficient size to hold the vehicles which are towed and/or impounded. Inside storage for vehicles shall be available. Tow truck service personnel picking up a vehicle within the city shall, unless otherwise directed by a law enforcement officer, or the owner of the vehicle, tow the vehicle for storage at the tow truck service's nearest storage lot. (Ord. M , 1984)

7 Section Security of vehicles and property at storage lots. Tow truck service and tow truck operator licensees shall be responsible for the security of vehicles and/or property found in vehicles which are stored at their storage lots. Licensees shall release vehicles or property stored in vehicles only to the owner of the property or vehicles or as authorized by an instrument signed by a representative of the Police Department. Property or vehicles subject to written police holds may be released only upon presentation of a written police or court authorization. Licensees shall comply with all provisions of RCW and W.A.C and as hereinafter amended. Upon release of the vehicle, the tow service licensee shall provide the vehicle owner with an itemized receipt of any tow-related charges. (Ord. M , 1984) Section Hours of business--filing and notice. The hours of business for each tow truck service licensee shall be in accordance with those on file with the city. Each licensee shall file such hours of business with the Vancouver City Clerk and Vancouver Police Department prior to their effective date but in no event less than ten days in advance of their effective date. The hours of business shall be posted in a conspicuous place at the licensee's place(s) of business and in each vehicle used by the licensee. Each licensee shall cause to have in the possession of his or her operators, the rate card required pursuant to Section of this chapter, which card shall set forth the licensee's business hours. (Ord. M , 1984) Section Inspection of permits, licenses, records and equipment. All tow truck service licensees shall keep and have available for inspection by the city police, Washington State Patrol and/or city finance personnel all permits, licenses and records pertaining to the conduct of its business and all records for tow services provided in the city, for a period of one year including: 1. Time call received; 2. Nature of call; 3. Response to call; 4. Vehicle description, year, make, model and license number of vehicle towed; 5. The name of the person or agency at whose request the vehicle was towed; 6. The name of the person or agency to whom it was released; 7. The date the vehicle was released or disposed of;

8 8. An itemized receipt of all tow-related charges to the claimant of the vehicle. All vehicles and equipment used by any licensee shall be available at any reasonable time for inspection by city police personnel or officers of the Washington State Patrol pursuant to W.A.C A.010 through W.A.C A-180. (Ord. M , 1984) Section Licenses nontransferable. All licenses issued under this chapter shall be personal to the individual to whom issued and may not be transferred to any other person nor may any vehicle be used by any tow truck service licensee which is not licensed to the licensee. (Ord. M , 1984) Section Licensee duties--accident scene. All tow truck service and/or tow truck operator licensees shall immediately notify the Clark Regional Communications Agency or Vancouver Police Department of any accident which comes to their attention upon a city street. In no event shall a licensee move a vehicle from an accident scene unless prior authorization has been given by the police or unless moving the vehicle is necessary to protect the safety of persons or property. Licensees are responsible for and shall remove from the street, sidewalks or parking strip, any broken glass or other debris resulting from the accident involving the vehicle being towed from the scene. Licensees shall respond to any accident or emergency scene within twenty minutes of being called to such scene by any persons or agency. Failure to respond within the twenty minutes may be cause for the police department to cancel such tow request and to request a tow from the rotation list maintained for city-dispatched calls. (Ord. M , 1984) Section Solicitation at scene of accident. Tow truck operators shall not solicit those at the scene of an accident without first determining whether towing assistance has already been requested. If the request has been made, there shall be no solicitation; provided, however, any operator may render assistance without charge at the scene of an accident to clear a public street or highway. (Ord. M , 1984) Section Towing and storage rates - Incorporation of Washington state patrol rates. The fees for towing and storage charged by a licensee shall not exceed the rates established by the Washington State Patrol pursuant to WAC , and as hereinafter amended. Each licensee shall post current tow and storage rates in a conspicuous place at the licensee s place of business and in each vehicle used by the licensee. Each towing service licensee shall cause to have in the possession of his or her operators a rate card setting forth the licensee s rate schedule currently on file. Such rate card shall include the licensee s business name, location, telephone number, location of storage facilities for towed vehicles, and business

9 hours. A copy of such rate card shall be furnished to the person requiring the tow. Each licensee shall keep a copy of the ordinance codified in this chapter in its place of business and shall show the same to any person requesting to see it.(ord. M , 1984) (M-3316, Amended, 08/18/1997) Section City-dispatched tow calls--additional requirements. In addition to the requirements of Sections through of this chapter, those tow truck services desiring to respond to the city-dispatched calls shall meet requirements of Section through of this chapter. (Ord. M , 1984) Section Tow zones. The city shall have two tow zones within the city limits where tow truck service companies shall be able to respond to city-dispatched calls. Tow Zone #1 shall include all streets within the city limits of Vancouver, Washington that are located to the west of Interstate 205. Tow Zone #2 shall include all streets within the city limits of Vancouver, Washington that are located to the east of I-205. Tow truck service companies shall be allowed to respond to city-dispatched calls to tow or impound vehicles that are located within the city tow zone(s) that their office(s) and tow storage lot(s) are located in. Provided, however, that the tow truck service companies set forth in Section 6 of this Ordinance shall be allowed to respond to city-dispatched calls in Tow Zone #2. Such tow truck service companies set forth in Section 6 of this Ordinance shall be allowed to tow in Tow Zone #1 if such tow truck service companies acquire or construct an office and a storage within Tow Zone #1. (M-3305, Added, 06/02/1997) Section Rotation list for city-dispatched calls. All tow truck service licensees requesting or intending to respond to city-dispatched calls shall comply with all of the requirements of this chapter. The licensee shall, upon his or her request, be placed on a rotation list to be maintained at Clark Regional Communications Agency and prepared by the Vancouver Police Department. The rotation list may be subdivided according to the classes of equipment provided by licensees. (Ord. M , 1984) Section Rotation list procedures. Whenever the Clark Regional Communications Agency receives a request from the police department for tow truck service, it shall make a reasonable attempt to contact the tow truck service licensee first on the rotation list prepared for that purpose and shall instruct the first licensee contacted to respond. If the first licensee contacted indicates that it is unable or unwilling to respond at the scene with the appropriate equipment within twenty minutes of the agency's call, the agency shall make a reasonable attempt to contact the next licensee on the rotation list. This procedure shall be followed for each subsequent licensee on the rotation list until a licensee can be contacted and indicates that it is able and willing to arrive at the scene within twenty minutes. Each licensee which the agency attempts to so contact shall have its name placed at the end of the rotation list regardless of whether it actually responded to the call, could not be contacted, or was unable or unwilling to respond as directed. (Ord. M , 1984) Section Response time--sanctions.

10 Licensees on the rotation list shall arrive at the scene with the required equipment within twenty minutes of the initial contact by Clark Regional Communications Agency. If a licensee fails to arrive at the scene as required more than once in any thirty-day period, or is unavailable to perform more than twenty percent of the tows requested of it by the police or the Clark Regional Communications Agency during any thirty-day period, the chief of police may request a report from the licensee justifying the failure to arrive or those periods of unavailability. If satisfactory justification is not supplied, the chief of police may suspend or remove the licensee from the rotation list. Suspension or removal of a licensee from the rotation list shall be effective five days from the date of service of written notice to the licensee from the chief of police. Such suspension or removal may be appealed in accordance with the procedures set forth in Section of this chapter. (Ord. M , 1984) Section Storage lots for city-dispatched calls. All licensees requesting to respond to city-dispatched calls shall have and maintain an office and storage lot within the city limits of Vancouver. All vehicles towed or impounded pursuant to city ordinance shall be kept at these locations unless otherwise requested by the police. No gate fee shall be charged for release of any such vehicle within one hour of the licensee s arrival at the storage lot with the vehicle. Provided, however, the following tow truck service companies shall be allowed to respond to city-dispatched calls without maintaining an office and storage lot within the city limits of Vancouver: Towing & Recovery Services, Inc., doing business as Custom Towing and Action Towing ; Langley s Towing; and Triple J Enterprises, Inc., doing business as Orchards Towing and Triple J Towing ; both are located at N.E. Kerr Road in Vancouver, Washington. Provided, further, that all such tow companies shall pay the business and occupation tax pursuant to VMC (Ord. M , 1984) Section Notice of impound appeal procedures. All licensees desiring to respond to city-dispatched tow calls shall have and maintain at their office and/or storage lot(s), a posted notice approved by the chief of police setting out the redemption procedure and request for hearing procedure for vehicles impounded pursuant to Chapter 9.80, Vancouver Municipal Code. The licensees shall have readily available for vehicle owners, forms for requesting a hearing on impoundment pursuant to the chapter. (Ord. M , 1984) Section Hours of release for city-dispatched tows. All licensees desiring to respond to city-dispatched tow calls shall make staff available twenty-four hours per day, seven days per week including holidays for the purpose of receiving calls and arranging for the release of vehicles or property from vehicles towed at city request. (Ord. M , 1984) Section General duty. Nothing in this chapter is intended to create a cause of action or claim against the city of Vancouver or its officials or employees running to specific individuals. Any duty created in the ordinance codified in this chapter is a general duty running in favor of the public. (Ord. M , 1994)

11 Section Enforcement--Regulations. The chief of police shall have the power to adopt and enforce written rules and regulations not inconsistent with the ordinance codified in this chapter for the purpose of carrying out the provisions of this chapter. The chief of police shall give notice of such rules and regulations to all tow truck services licensed pursuant to this chapter, and such other persons as may have requested such notice either by United States mail, postage prepaid, or by publication in the designated official newspaper of the city at least fifteen days prior to the effective date of such rules and regulations. It is unlawful and a violation of this chapter to violate or fail to comply with any such rules and regulations. (Ord. M , 1984) Section Penalty for violations. Anyone violating this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by the imposition of not more than 90 days in jail and/or the imposition of a fine of not more than one thousand dollars unless otherwise provided in this chapter. (Ord. M , 1984)