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Home My WebLink AboutCOW 2014-11-24 Item 4G - Ordinance - TMC Title 5 Relating to Tow Truck Business LicensingCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 11/24/14 JH E Resolution Mtg Date 0/0 12/1/14 JH E Other Mtg Date SPONSOR Council Mayor HR El DCD 'inance E !ire LI IT R II Police SPONSOR'S Currently, TMC 5.44 requires a $25 licensing fee for each tow truck used in the City of SUMMARY Tukwila. TMC 5.44 creates the expectation that tow trucks have been inspected by the police department and have been deemed safe. RCW 46.55 regulates tow trucks and inspection falls upon the Washington State Patrol. TMC 5.44 is unnecessary and duplicative of the RCW, making an additional (and unnecessary) regulatory step for the applicant. REVIEWED BY El COW Mtg. E CA&P Cmte 0 F&S Cmte El Transportation Cmte E Utilities Cmte [1] Arts Comm. E Parks Comm. E Planning Comm. DATE: 11/18/14 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: spoNsoR/ADmiN. CommrITEE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpINDmar: RiuiRi A) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments.. ITEM INFORMATION ITEM No. 4.G. 161 STAFF SPONSOR: JON HARRISON ORIGINAL AGENDA DATE: 11/24/14 AGENDA ITEM TITLE An ordinance updating TMC Title 5 relating to Tow Truck Business licensing CATI(;ORY Discussion Mtg Date 11/24/14 11 Motion Mtg Dale E Resolution Mtg Date Z Ordinance Mtg Dale 12/1/14 [1,1 Bid Award Mtg Date E] Public Hearing Mig Dale E Other Mtg Date SPONSOR Council Mayor HR El DCD 'inance E !ire LI IT R II Police SPONSOR'S Currently, TMC 5.44 requires a $25 licensing fee for each tow truck used in the City of SUMMARY Tukwila. TMC 5.44 creates the expectation that tow trucks have been inspected by the police department and have been deemed safe. RCW 46.55 regulates tow trucks and inspection falls upon the Washington State Patrol. TMC 5.44 is unnecessary and duplicative of the RCW, making an additional (and unnecessary) regulatory step for the applicant. REVIEWED BY El COW Mtg. E CA&P Cmte 0 F&S Cmte El Transportation Cmte E Utilities Cmte [1] Arts Comm. E Parks Comm. E Planning Comm. DATE: 11/18/14 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: spoNsoR/ADmiN. CommrITEE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpINDmar: RiuiRi A) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments.. MTG. DATE RECORD OF COUNCIL ACTION 11/24/14 MTG. DATE ATTACHMENTS 11/24/14 Informational memorandum dated 11/10/14 Draft Ordinance TMC 5.44 Minutes from the Finance and Safety Committee meeting of 11/18/14 12/1/14 161 162 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM 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 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 TMC 5.44 163 164 RAFT 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. W: Word Processing \Ordinances \Repeal TMC Ch 5.44 re tow truck businesses 7 -18 -14 RT:bjs Page 1 of 2 165 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 APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal TMC Ch 5.44 re tow truck businesses 7 -18 -14 RT:bjs 166 Page 2 of 2 TITLE 5 — BUSINESS LICENSES AND REGULATIONS CHAPTER 5.44 TOW TRUCK BUSINESSES Sections: 5.44.010 Definitions 5.44.020 5.44.030 5.44.040 5.44.050 5.44.060 5.44.100 5.44.110 5.44.120 5.44.140 5.44.150 5.44.160 5.44.170 5.44.180 5.44.190 5.44.200 5.44.210 5.44.230 5.44.240 5.44.250 5.44.260 5.44.270 License - Required License - Application Inspection report required Insurance License - Fee Inspection Regulations for drivers Rates Charges - Preparation of bills Lifting and towing Minimum equipment required Emergency lighting Performance ability of brakes Impounds and accident scenes Police requests License - Revocation Out -of -town tow truck operators Enforcement Appeal Additional rules and regulations Violation - Penalty 5.44.010 Definitions As used in this chapter: 1. "Impound" means the taking of a vehicle into legal custody, pursuant to law. 2. "Licensee" means a towing business or towing service having a valid license issued by the City authorizing the furnishing of towing services. 3. Police" means any authorized agent of the Tukwila Police Department or other law enforcement agency having jurisdiction. 4. Police department" means the Police Department of the City. 5. "Towing business" or "towing service" includes any person, corporation, partnership, joint venture or other business entity which owns and /or operates one or more tow trucks within the City limits. 6. "Tow truck" means any vehicle designed or intended to tow vehicles which are disabled by mechanical failure or physical damage or being impounded pursuant to law. (Ord. 1482 §1 (part), 1988) 5.44.020 License - Required A. It is declared to be essential to the public interests that no person shall be authorized or permitted to operate a tow truck business within the City limits unless such person is the holder of a valid license issued by the City. B. It is unlawful for any person, corporation, partnership, joint venture or other business entity to operate a towing busi- ness or towing service within the City limits without first ob- taining a license therefor issued by the City. Such license shall not be transferable and upon sale or other transfer of the tow- ing business a new license must be obtained as provided herein. The fact that the operation of any tow truck is ancillary to the operation of any other business shall not exempt such operation from the licensing requirements of this section. (Ord. 1482 §1 (part), 1988) 5.44.030 License - Application A. Every person desiring to operate or have charge of a tow truck business within the City shall make a written application to the Finance Director for a license to do so. B. Such application shall be referred to the Community Development Director for review to insure the proper location and screening of the proposed operation as set forth in TMC Title 18. (Ord. 2368 §1, 2012; Ord. 2355 §16, 2011; Ord. 1482 §1 (part), 1988) 5.44.040 Inspection report required When filed, the application shall also be accompanied by a current tow truck permit issued by the Washington State Pa- trol. (Ord. 1482 §1 (part), 1988) 5.44.050 Insurance A. Every operator shall file with the Finance Director a policy or policies of public liability insurance, issued by an insurance company or companies authorized to do business in the State, providing indemnity for or protection to the City as well as providing public liability insurance coverage for each and every vehicle owned, operated and /or leased by the applicant, for injury to or death of persons, passengers or otherwise in accidents resulting from any cause by which the owner and /or operator of the vehicle would be liable on account of any liability imposed upon him by law, regardless of whether the vehicle was being driven by the owner or his agent, and as against damage to the property of another, including personal property under like circumstances, in the sum of $50,000 for the injury or death of one person, or $100,000 for the injury or death of more than one person in any one accident and $10,000 for property damage. Produced by the City of Tukwila, City Clerk's Office Page 5-29 167 TUKWILA MUNICIPAL CODE B. Any copy of any such insurance policy shall be subject to approval as to sufficiency and as to form by the City Attorney. Every such policy of insurance shall provide that the liability of the insured shall not be affected by the insolvency or bankruptcy of the insured. The policy shall be for the benefit of any and all judgment creditors and shall extend for the period to be covered by the license applied for and the insurer shall give not less than ten days' written notice to the Finance Director in the event of change or cancellation. (Ord. 2355 §1Z 2011; Ord, 1482 §1 (part), 1988) 5.44.060 License - Fee Every applicant shall produce a current Washington tow truck operator registration. Upon proper authorization by the City Council, the Finance Director shall, upon receipt of the annual license fee, issue a license which shall expire on the 31st day of December of the year in which it is issued. The annual license fee shall be $25.00 for each vehicle to be operated, and a separate license shall be required for each vehicle. (Ord. 2355 §18, 2011; Ord. 1482 §1 (part), 1988) 5.44.100 Inspection A. All vehicles operated under the authority of this chap- ter shall be available for inspection at any reasonable time and place by the Chief of Police or his duly appointed representa- tive. The Chief of Police or his duly appointed representative may inspect a vehicle to determine cleanliness, proper equip- ment, good appearance, safe operating condition; and the Chief of Police or his duly appointed representative may at the time of his inspection ascertain that the vehicle is carrying the permits issued by the Department of Licenses of the State, showing such vehicle to be properly bonded for the public protection, and also the licenses issued pursuant to this chap- ter. If the Chief of Police or his duly appointed representative determines during his inspection that the condition of any ve- hicle needs correction, he shall issue to the operator or driver thereof a notice in writing specifying such defects and same shall be remedied at a date to be fixed by the Chief of Police in such notice. B. The Chief of Police shall order any such vehicle to cease operation immediately if, in his determination, the ve- hicle is in an unsafe condition, and shall notify the operator or driver of such determination in writing. (Ord. 1482 §1 (part), 1988) 5.44.110 Regulations for drivers It is unlawful for any operator to knowingly employ any driver who has been convicted of a felony and who has not, at the time of employment, been restored to his full civil rights and no longer under supervision of any parole or probation officer. All drivers must be at least 18 years of age. (Ord. 1482 §1 (part), 1988) 5.44.120 Rates All rates must be approved by the City Council and be made a matter of record. (Ord. 1482 §1 (part), 1988) 5.44.140 Charges - Preparation of bills Every operator, his agent or employee, after towing a dis- abled vehicle away, shall prepare a bill in duplicate. The origi- nal shall be given to the owner of such vehicle or his autho- rized representative and the copy retained by the operator at his place of business for a period of six months, and shall be exhibited upon demand of the Chief of Police or his duly autho- rized representatives. This bill shall contain the following in- formation: 1. Name, address and place of business of opera- tor; 2. Name and address of person calling for and en- gaging the tow truck; 3. State license number and description of the dis- abled vehicle; 4. The company number of the wrecker or other ve- hicle used for towing purposes; 5. Total amount charged for towing and storage; 6. The time and place from which towing com- menced and terminated. (Ord. 1482 §1 (part), 1988) 5.44.150 Lifting and towing Any vehicle used to tow another vehicle, for any fee, shall be designed and constructed specifically for this purpose. Minimum lifting capacity per boom shall be 6,000 pounds and no part of the mechanism (winches, booms, blocks, winch brakes and cable) shall be rated less than 6,000 pounds. No tow truck shall be used to lift any vehicle of such weight that the rated capacity is less than 1 -1/2 times the lifted weight, but at a minimum shall meet or exceed current standards estab- lished by the Washington State Patrol. (Ord. 1482 §1 (part), 1988) 5.44.160 Minimum equipment required Tow trucks shall be so equipped as to meet the minimum requirements for the towing of vehicles established by the Washington State Patrol. (Ord. 1482 §1 (part), 1988) 5.44.170 Emergency lighting Tow trucks shall comply with all legal lighting requirements and in addition shall have mounted thereon a revolving red light capable of 360 degrees' visibility. The revolving red light shall be used only at accidents or emergency scenes. Each tow truck shall carry a portable tail lamp and stop lamp combi- nation on a bracket with an extension cord capable of being mounted on the rear of the damaged or disabled vehicle. (Ord. 1482 §1 (part), 1988) Page 5-30 168 Produced by the City of Tukwila, City Clerk's Office TITLE 5 — BUSINESS LICENSES AND REGULATIONS 5.44.180 Performance ability of brakes Braking systems on all combinations of vehicles shall be in accordance with classification C -4, RCW 46.37.351. (Ord. 1482 §1 (part), 1988) 5.44.190 Impounds and accident scenes Each towing service licensee who wishes to impound vehicles, either private or public, and /or to respond to Police requests to clear accident scenes shall, in addition to the other requirements set forth herein, provide the following: 1. Service to the public on a 24 -hour basis. One suitable single -party telephone service shall be obtained and maintained; 2. Radio equipment installed at a dispatching point and in each of the vehicles, and maintained in good working order at all times; 3. Maintain an average response time of not more than 20 minutes to all locations within the City; 4. Secure a bond to cover any loss of public or private property from vandalism or theft while vehicles impounded are stored in an impound storage lot. (Ord. 1482 §1 (part), 1988) 5.44.200 Police requests When the owner of a motor vehicle has not requested a specific towing firm and relies upon the Police Department to call a tow service or for any other Police Department initiated tow of a vehicle, the Police Department may utilize the services of a duly licensed tow company under one or more sole provider contracts. The conditions and administrative regulations applicable to providing acceptable tow, impound, and vehicle storage service via a City tow contract shall be promulgated by the Chief of Police and approved by the Office of the Mayor. A tow company under contract with the City shall comply with the administrative regulations promulgated pursuant to RCW 56.55.240(4). The City Clerk shall facilitate advertising, a schedule, and bid opening for submitted contract bid proposals. The Chief of Police shall submit a recommendation to the Office of the Mayor for contract awarding. The Office of the Mayor shall solicit authorization from the City Council to enter into a contract for tow services with a company or companies meeting prescribed qualifications. (Ord. 1813 §1, 1997; 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; 2. The licensee, his agent or representative has offered to pay or has paid directly or indirectly a gratuity or reward to any person not a bona fide employee of the operator for furnishing information as to the location of a disabled vehicle; 3. If any employee of the City or any of its departments has any interest, whether as an owner or operator, partner, employee or otherwise, either directly or indirectly, in the business of an operator licensed under this chapter; 4. If any operator or employee fails to report to the Police Department any calls received to remove a vehicle from the scene of any accident or does remove any vehicle from the scene of an accident without notification to the Police Department; 5. Interception by the licensee or any employee thereof of Police calls by short wave radio or otherwise, or monitoring of short wave messages not specifically directed to the operator or his employee for the purpose of going to the scene of accidents; 6. Failure to keep records or issue receipts as required in this chapter; 7. Failure to maintain full service or any mis- representation of availability of service, when called; 8. The charging of rates in excess of those approved by the City Council and published. (Ord. 1482 §1 (part), 1988) 5.44.230 Out -of -town tow truck operators Nothing in this chapter shall prevent the owner of a motor vehicle requiring towing service from calling a tow truck operator not doing business within the City. Tow trucks from businesses located outside the City, while operating within the City, must meet the safety, lighting and equipment requirements of this chapter, and failure to do so shall subject them to the penalties prescribed by TMC 5.44.270. (Ord. 1482 §1 (part), 1988) 5.44.240 Enforcement If the Chief of Police finds that any licensee has violated or failed to comply with any provisions of this chapter, he shall make a written record of such finding and shall specify therein the particulars; and he may revoke or suspend the City of Tukwila license for a reasonable period to be fixed by him. (Ord. 1482 §1 (part), 1988) Produced by the City of Tukwila, City Clerk's Office Page 5-31 169 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), 1988) Page 5-32 170 Produced by the City of Tukwila, City Clerk's Office Finance & Safety Committee Minutes November 18, 2014 - Page 2 D. Ordinance: Sunset Provision Extension on Interfund Utility Tax Staff is seeking Council approval of an ordinance that would extend the sunset provision for the collection of City utility taxes to December 31, 2021. Currently a 10% tax is assessed on the revenues of City- operated utilities which is set to end on December 31, 2015. In 2013 the City recognized nearly $1.7 million of interfund utility tax receipt, and as of September 302, 2014 the general fund has received $1.5 million. If the sunset provision is not extended the City will have to consider budget reductions or alternate revenue sources beginning in 2016. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE. E. Ordinance: Tow Truck Licensing Staff is seeking Council approval of an ordinance to repeal Tukwila Municipal Code Chapter 5.44, "Tow Truck Businesses" in its entirety. Because tow truck businesses are regulated by the Department of Licensing and trucks are inspected by the Washington State Patrol, staff is recommending that an additional City inspection and licensing process is not needed. In 2014 to date the City has licensed 40 trucks totaling $1,000 in revenue, and in 2013, 39 trucks totaling $975. This revenue does not cover the staff time associated with the inspections so there is no significant financial impact from this proposal. Other City business licensing requirements will continue to apply. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE. F. Police Department Quarterly Report Chief Villa updated the Committee on items of significance that occurred in the Police Department during the third quarter of 2014. The information included highlights, staffing information, crime statistics and crime reduction strategies. A map of residential burglary locations was distributed to the Committee. G. Resolution: Wages and Benefits for Non - Represented Employees Staff is seeking Council approval of a resolution that would provide a 2% cost of living adjustment (COLA) to all non - represented employees effective January 1, 2015. Resolution No. 1796 provides that in odd - numbered years a COLA based upon 90% of the Seattle- Tacoma- Bremerton Consumer Price Index (CPI -W) Average (June to June) be applied to the non - represented employee pay schedule. The CPI -W June is 2.2 %, 90% of which is 1.98 %. Because non - represented employee wages have lagged behind those of represented employees, staff recommends a 2.0% increase to mitigate effects such as salary compression. The proposed resolution will also approve a Summary of Benefits and a Longevity Pay Plan in addition to the Salary Schedule. No changes are being proposed to either of those from previous years. Staff distributed an updated Attachment A that included two positions inadvertently omitted, and an updated Attachment B that corrects the title of the Deputy Police Chief. The Committee requested the previous Salary Schedule be included in the packet for Committee of the Whole discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Meeting adjourned at 6:37 p.m. Next meeting: Tuesday, December 2, 2014 - 5:30 p.m. - Hazelnut Conference Room -; ; , Eommittee Chair Approval Minutes by LH 171