HomeMy WebLinkAboutFS 2014-11-18 Item 2F - Ordinance - TMC Title 5 Relating to Tow Truck Business Licensing Ir-
„Mil:kw°13 4sy Cit of Tukwila
1 ., , y Jim Haggerton, Mayor
2
1905, INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Police Chief Mike Villa
BY: Commander Jon Harrison
DATE: November 10, 2014
SUBJECT: An ordinance updating Tukwila Municipal Code (TMC) Title 5 relating to
Tow Truck Business licensing
ISSUE
Tukwila Municipal Code 5.44 requires the City of Tukwila to individually license tow trucks and
tow truck businesses annually. Tow truck businesses and tow trucks are regulated by the
Department of Licensing (DOL) and inspected by the Washington State Patrol (WSP) for
compliance with the requirements for tow trucks as listed in RCW 46.55.
BACKGROUND
TMC 5.44 requires an annual $25 licensing fee per truck that operates in the City. Part of the
application for a Tow Truck license includes the submission of a "current Washington tow truck
operator registration". This registration is issued by DOL and is part of the vehicle inspection
that is handled by the WSP. WSP is responsible for vehicle inspection and certifying that the
vehicle complies with RCW 46.55. TMC 5.44 duplicates the inspection requirement currently in
place by State law.
DISCUSSION
There is no need for the City to be involved in the inspection or certification of tow trucks as
being (among other things) in "...safe operating condition," when that is already being done by
the WSP. Additionally, a secondary inspection by Police staff unnecessarily increases the
liability for the City, and creates another inspection/licensing step for the applicant. The amount
charged for the licensing of the truck would not cover the staff costs to conduct the inspection.
FINANCIAL IMPACT
In 2014, the City licensed 40 tow trucks for a total of$1,000 in revenue, and in 2013, 39 tow
trucks were licensed for $975. If the attached ordinance is adopted, this revenue would be lost,
however, the staff time/cost associated with Police Officers performing inspections would
mitigate that financial impact.
RECOMMENDATION
The Council is being asked to approve the ordinance and consider this item at the November
24, 2014 Committee of the Whole meeting and subsequent December 1, 2014 Regular Meeting.
ATTACHMENTS
Draft Ordinance 63
TMC 5.44
64
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING VARIOUS
ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL
CODE CHAPTER 5.44, "TOW TRUCK BUSINESSES;"
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code Chapter 5.44 establishes licensing requirements
and procedures for tow truck businesses and operators within the City of Tukwila; and
WHEREAS, the Washington State Department of Licensing (DOL) also licenses and
regulates tow truck operators; and
WHEREAS, the City believes it is more appropriate for the Washington State DOL to
regulate tow truck businesses and operators;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code (TMC) Chapter 5.44 Repealed. Ordinance
Nos. 2368 §1; 2355 §16, §17 and §18; and 1813 §1; and Ordinance No. 1482, are
hereby repealed, thereby eliminating TMC Chapter 5.44, "Tow Truck Businesses," in its
entirety.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Rachel Turpin, City Attorney Ordinance Number:
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TITLE 5— BUSINESS LICENSES AND REGULATIONS
CHAPTER 5.44 5.44.020 License- Required
TOW TRUCK BUSINESSES A. It is declared to be essential to the public interests
that no person shall be authorized or permitted to operate a
Sections: tow truck business within the City limits unless such person is
5.44.010 Definitions the holder of a valid license issued by the City. '
5.44.020 License Required B. It is unlawful for any person, corporation, partnership,
5.44.030 License Application joint venture or other business entity to operate a towing busi-
5,44.040 Inspection report required ness or towing service within the City limits without first ob-
5.44.050 Insurance taining a license therefor issued by the City. Such license shall
5.44.060 License Fee not be transferable and upon sale or other transfer of the tow-
5.44.100 Inspection ing business a new license must be obtained as provided
5.44.110 Regulations for drivers herein. The fact that the operation of any tow truck is ancillary
5.44.120 Rates to the operation of any other business shall not exempt such
5.44.140 Charges-Preparation of bills operation from the licensing requirements of this section.
5.44.150 Lifting and towing (Ord. 1482§1(part), 1988)
5.44.160 Minimum equipment required 5.44.030 License- Application
5.44.170 Emergency lighting A. Every person desiring to operate or have charge of a
5.44.180 Performance ability of brakes tow truck business within the City shall make a written
5.44.190 Impounds and accident scenes application to the Finance Director for a license to do so.
5.44.200 Police requests B. Such application shall be referred to the Community
5.44.210 License Revocation Development Director for review to insure the proper location
5.44.230 Out-of-town tow truck operators and screening of the proposed operation as set forth in TMC
5.44.240 Enforcement Title 18.
5.44.250 Appeal (Ord.2368§1,2012;Ord.2355§16,2011;
5.44.260 Additional rules and regulations Ord. 1482§1(part), 1988)
5.44.270 Violation-Penalty
5.44.040 Inspection report required
5.44.010 Definitions When filed, the application shall also be accompanied by
As used in this chapter: a current tow truck permit issued by the Washington State Pa-
1. "Impound" means the taking of a vehicle into trot.
legal custody, pursuant to law. (Ord. 51(part), 1988)
2. "Licensee"means a towing business or towing 5.44.050 Insurance
service having a valid license issued by the City authorizing A. Every operator shall file with the Finance Director a
the furnishing of towing services. policy or policies of public liability insurance, issued by an
3. "Police" means any authorized agent of the insurance company or companies authorized to do business in
Tukwila Police Department or other law enforcement agency the State, providing indemnity for or protection to the City as
having jurisdiction. well as providing public liability insurance coverage for each
4. "Police department" means the Police and every vehicle owned, operated and/or leased by the
Department of the City. applicant, for injury to or death of persons, passengers or
5. "Towing business" or "towing service" includes otherwise in accidents resulting from any cause by which the
any person, corporation, partnership, joint venture or other owner and/or operator of the vehicle would be liable on
business entity which owns and/or operates one or more tow account of any liability imposed upon him by law, regardless of
trucks within the City limits. whether the vehicle was being driven by the owner or his
6. "Tow truck" means any vehicle designed or agent, and as against damage to the property of another,
intended to tow vehicles which are disabled by mechanical including personal property under like circumstances, in the
failure or physical damage or being impounded pursuant to sum of $50,000 for the injury or death of one person, or
law. $100,000 for the injury or death of more than one person in
(Ord. 148251(part), 1988) any one accident and$10,000 for property damage.
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TUKWILA MUNICIPAL CODE
B. Any copy of any such insurance policy shall be 5.44.120 Rates
subject to approval as to sufficiency and as to form by the City All rates must be approved by the City Council and be
Attorney. Every such policy of insurance shall provide that the made a matter of record.
liability of the insured shall not be affected by the insolvency or (Ord. 1482§1(part), 1988)
bankruptcy of the insured. The policy shall be for the benefit of
any and all judgment creditors and shall extend for the period 5.44.140 Charges- Preparation of bills
to be covered by the license applied for and the insurer shall Every operator, his agent or employee, after towing a dis-
give not less than ten days' written notice to the Finance abled vehicle away, shall prepare a bill in duplicate. The origi-
Director in the event of change or cancellation. nal shall be given to the owner of such vehicle or his autho-
(Ord.2355§17,2011;Ord. 1482§1(part), 1988) rized representative and the copy retained by the operator at
his place of business for a period of six months, and shall be
5.44.060 License - Fee exhibited upon demand of the Chief of Police or his duly autho-
Every applicant shall produce a current Washington tow rized representatives. This bill shall contain the following in-
truck operator registration. Upon proper authorization by the formation:
City Council, the Finance Director shall, upon receipt of the 1. Name, address and place of business of opera-
annual license fee, issue a license which shall expire on the tor;
31st day of December of the year in which it is issued. The 2. Name and address of person calling for and en-
annual license fee shall be $25.00 for each vehicle to be gaging the tow truck;
operated, and a separate license shall be required for each 3. State license number and description of the dis-
vehicle. abled vehicle;
(Ord.2355§18,2011;Ord. 1482§1(part), 1988) 4. The company number of the wrecker or other ve-
hicle used for towing purposes;
5.44.100 Inspection 5. Total amount charged for towing and storage;
A. All vehicles operated under the authority of this chap- 6. The time and place from which towing com-
ter shall be available for inspection at any reasonable time and menced and terminated.
place by the Chief of Police or his duly appointed representa- (Ord. 1482§1(part), 1988)
tive. The Chief of Police or his duly appointed representative
may inspect a vehicle to determine cleanliness, proper equip- 5.44.150 Lifting and towing
ment, good appearance, safe operating condition; and the Any vehicle used to tow another vehicle, for any fee, shall
Chief of Police or his duly appointed representative may at the be designed and constructed specifically for this purpose.
time of his inspection ascertain that the vehicle is carrying the Minimum lifting capacity per boom shall be 6,000 pounds and
permits issued by the Department of Licenses of the State, no part of the mechanism (winches, booms, blocks, winch
showing such vehicle to be properly bonded for the public brakes and cable) shall be rated less than 6,000 pounds. No
protection, and also the licenses issued pursuant to this chap- tow truck shall be used to lift any vehicle of such weight that
ter. If the Chief of Police or his duly appointed representative the rated capacity is less than 1-1/2 times the lifted weight, but
determines during his inspection that the condition of any ve- at a minimum shall meet or exceed current standards estab-
hicle needs correction, he shall issue to the operator or driver lished by the Washington State Patrol.
thereof a notice in writing specifying such defects and same (Ord. 1482§1(part), 1988)
shall be remedied at a date to be fixed by the Chief of Police in
such notice. 5.44.160 Minimum equipment required
B. The Chief of Police shall order any such vehicle to Tow trucks shall be so equipped as to meet the minimum
cease operation immediately if, in his determination, the ve- requirements for the towing of vehicles established by the
hicle is in an unsafe condition, and shall notify the operator or Washington State Patrol.
driver of such determination in writing. (Ord. 1482§1(part), 1988)
(Ord. 1482§1(part), 1988)
5.44.170 Emergency lighting
5.44.110 Regulations for drivers Tow trucks shall comply with all legal lighting requirements
It is unlawful for any operator to knowingly employ any and in addition shall have mounted thereon a revolving red
driver who has been convicted of a felony and who has not, at light capable of 360 degrees' visibility. The revolving red light
the time of employment, been restored to his full civil rights shall be used only at accidents or emergency scenes. Each
and no longer under supervision of any parole or probation tow truck shall carry a portable tail lamp and stop lamp combi-
officer. All drivers must be at least 18 years of age. nation on a bracket with an extension cord capable of being
(Ord. 1482§1(part), 1988) mounted on the rear of the damaged or disabled vehicle.
(Ord. 1482§1(part), 1988)
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TITLE 5— BUSINESS LICENSES AND REGULATIONS
5.44.180 Performance ability of brakes 2. The licensee, his agent or representative has
Braking systems on all combinations of vehicles shall be offered to pay or has paid directly or indirectly a gratuity or
in accordance with classification C-4, RCW 46.37.351. reward to any person not a bona fide employee of the operator
(Ord. 1482§1(part), 1988) for furnishing information as to the location of a disabled
vehicle;
5.44.190 Impounds and accident scenes 3. If any employee of the City or any of its
Each towing service licensee who wishes to impound departments has any interest, whether as an owner or
vehicles, either private or public, and/or to respond to Police operator, partner, employee or otherwise, either directly or
requests to clear accident scenes shall, in addition to the other indirectly, in the business of an operator licensed under this
requirements set forth herein, provide the following: chapter;
1. Service to the public on a 24-hour basis. One 4. If any operator or employee fails to report to the
suitable single-party telephone service shall be obtained and Police Department any calls received to remove a vehicle from
maintained; the scene of any accident or does remove any vehicle from the
2. Radio equipment installed at a dispatching point scene of an accident without notification to the Police
and in each of the vehicles, and maintained in good working Department;
order at all times; 5. Interception by the licensee or any employee
3. Maintain an average response time of not more thereof of Police calls by short wave radio or otherwise, or
than 20 minutes to all locations within the City; monitoring of short wave messages not specifically directed to
4. Secure a bond to cover any loss of public or the operator or his employee for the purpose of going to the
private property from vandalism or theft while vehicles scene of accidents;
impounded are stored in an impound storage lot. 6. Failure to keep records or issue receipts as
(Ord. 1482§1(part), 1988) required in this chapter;
7. Failure to maintain full service or any mis-
5.44.200 Police requests representation of availability of service,when called;
When the owner of a motor vehicle has not requested a 8. The charging of rates in excess of those
specific towing firm and relies upon the Police Department to approved by the City Council and published.
call a tow service or for any other Police Department initiated (Ord. 1482§1(part), 1988)
tow of a vehicle, the Police Department may utilize the
services of a duly licensed tow company under one or more 5.44.230 Out-of-town tow truck operators
sole provider contracts. The conditions and administrative Nothing in this chapter shall prevent the owner of a motor
regulations applicable to providing acceptable tow, impound,, vehicle requiring towing service from calling a tow truck
and vehicle storage service via a City tow contract shall be operator not doing business within the City. Tow trucks from
promulgated by the Chief of Police and approved by the Office businesses located outside the City, while operating within the
of the Mayor. A tow company under contract with the City City, must meet the safety, lighting and equipment
shall comply with the administrative regulations promulgated requirements of this chapter, and failure to do so shall subject
pursuant to RCW 56.55240(4). The City Clerk shall facilitate them to the penalties prescribed by TMC 5.44.270.
advertising, a schedule, and bid opening for submitted contract (Ord. 1482§1(part), 1988)
bid proposals. The Chief of Police shall submit a
recommendation to the Office of the Mayor for contract 5.44.240 Enforcement
awarding. The Office of the Mayor shall solicit authorization If the Chief of Police finds that any licensee has violated or
from the City Council to enter into a contract for tow services failed to comply with any provisions of this chapter, he shall
with a company or companies meeting prescribed make a written record of such finding and shall specify therein
qualifications. the particulars; and he may revoke or suspend the City of
(Ord. 1813§1, 1997;Ord. 1482§1(part), 1988) Tukwila license for a reasonable period to be fixed by him.
(Ord. 1482§1(part), 1988)
5.44.210 License- Revocation
The grounds for the revocation of a license issued under
this chapter are as follows:
1. The license was procured by fraudulent conduct
or false statements of a material fact, or that a material fact
concerning the applicant was not disclosed at the time of his
making application;
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TUKWILA MUNICIPAL CODE
5.44.250 Appeal
Any licensee whose license is revoked or suspended shall
have the right to appeal to the City Council from such
revocation or suspension by filing with the City council a
written notice thereof within five days after the notice of entry
of the order of revocation or suspension. The notice of appeal
shall specify an address at which the licensee may be given
notice of hearing on the appeal. The City Council shall hear
the appeal or may refer the same to a committee of hearing.
At the hearing the licensee shall be entitled to appear in
person and offer evidence pertinent to the revocation or
suspension,and the Chief of Police shall likewise be entitled to
be heard at the hearing and to offer evidence in support of his
order of revocation or suspension. By majority vote of the City
Council,the action of the Chief of Police shall be overruled or it
shall be sustained, and its action in that respect shall be final
and conclusive. From the time of filing the written notice of
appeal until the hearing and action by the City Council, the
order of the Chief of Police of revocation or suspension shall
be ineffective. Any suspended or revoked license shall be
surrendered to the Chief of Police.
(Ord. 1482§1(part), 1988)
5.44.260 Additional rules and regulations
The Chief of Police may make and enforce reasonable
rules and regulations consistent with this chapter, including
provision for inspection by him or his designee of vehicles
hereunder.
(Ord. 1482§1(part), 1988)
5.44.270 Violation - Penalty
Anyone violating or failing to comply with any of the
provisions of this chapter shall, upon conviction thereof, be
punished by a fine not greater than$500.00 or imprisonment in
the City jail for not longer than six months,or both.
(Ord. 1482§1(part), 1888)
7'age 5-32 Produced by the City of Tukwila, City Clerk's Office