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HomeMy WebLinkAboutOrd 1482 - Tow Truck Businesses (Repealed by Ord 2461)of T Washington kwila Cover page to Ordinance 1482 The full text of the ordinance follows this cover page. AN ORDINANCE OF' ]4 CITY OF I , WASHINGTON, ;" CHARTER 5,44 , F THE TUKWILA MUNICIPAL CODE, RELATING TIN TON TRUCK D IVES E., PROVIDE FOR BC OMICAL UTILIZAT/ a DE CITY AND STATE GOVERNMENT RESOURCES Ordinance 1482 was amended or repealed by the following ordinances. Se AMENDED ion(s) Amended A fended by Ord # 1813 1 (part) 2355 1 (part) 2368 REPEALED Sections) Repeale 1 (part) Repealed by Ord # 2368 2461 �`ww 1. 1906' CITY OF TUKWILA WASHINGTON A ORDINANCE NO. FO AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 5.44 OF THE TUKWILA MUNICIPAL CODE RELATING TO TOW TRUCK BUSINESSES, TO PROVIDE FOR ECONOMICAL UTILIZATION OF CITY AND STATE GOVERNMENT RESOURCES WHEREAS, Chapter 5.44, Tow Truck Businesses, of the Tukwila Municipal Code currently contains sections which appear to call for duplication of duties relating to the regulation of tow truck businesses by the Tukwila Police Department and the Washington State Patrol, and WHEREAS, the City Council of the City of Tukwila desires to provide for more economical utilization of city and state government resources relating to tow truck businesses, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 5.44 of the Tukwila Municipal Code shall be amended as follows: Chapter 5.44 Tow Truck Businesses Sections: 5.44.010 Definitions. 5.44.020 License Required. 5.44.030 License Application. 5.44.040 Inspection report required. 5.44.050 Insurance 5.44.060 License -Fee. 5.44.100 Inspection. 5.44.110 Regulations for drivers. 5.44.120 Rates. 5.44.130 Location and base of operation. 5.44.140 Charges Preparation of bills. 5.44.150 Lifting and towing. 5.44.160 Minimum equipment required. 5.44.170 Emergency lighting. 5.44.180 Performance ability of brakes. 5.44.190 Impounds and accident scenes. 5.44.200 Police requests. 5.44.210 License Revocation. 5.44.220 Businesses within annexed areas. 5.44.230 Out -of -town tow truck operators. 5.44.240 Enforcement. 5.44.250 Appeal. 5.44.260 Additional rules and regulations. 5.44.270 Violation Penalty. 1 3931C2 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. 5.44.020 License Required. 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. It is unlawful for any person, corporation, partnership, joint venture or other business entity to operate a towing business or towing service within the city limits without first obtaining a license therefor issued by the city. Such license shall not be transferable and upon sale or other transfer of the towing 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. 5.44.030 License Application. Every person desiring to operate or have charge of a tow truck business within the city shall make a written application to the city clerk for a license to do so. Such application shall be referred to the planning director for review to insure the proper location and screening of the proposed operation as set forth in section 5.44.130. 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 Patrol. 5.44.050 Insurance. Every operator shall file with the city clerk 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 fifty thousand dollars for the injury or death of one person, or one hundred thousand dollars for the injury or death of more than one person in any one accident and ten thousand dollars for property damage. 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 3931C2 2 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 city clerk in the event of change or cancellation. 5.44.060 License -Fee. Every applicant shall produce a current Washington Tow Truck Operator Registration. Upon proper authorization by the city council, the city clerk shall, upon receipt of the annual license fee, issue a license which shall expire on the thirty -first day of December of the year in which it is issued. The annual license fee shall be twenty -five dollars for each vehicle to be operated, and a separate license shall be required for each vehicle. 5.44.100 Inspection. All vehicles operated under the authority of this chapter shall be available for inspection at any reasonable time and place by the chief of police or his duly appointed representative. The chief of police or his duly appointed representative may inspect a vehicle to determine cleanliness, proper equipment, 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 chapter. If the chief of police or his duly appointed representative determines during his inspection that the condition of any vehicle 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. The chief of police shall order any such vehicle to cease operation immediately if in his determination the vehicle is in an unsafe condition and shall notify the operator or driver of such determination in writing. 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 eighteen years of age. 5.44.120 Rates. All rates must be approved by the city council and be made a matter of record. 5.44.130 Location and base of operation. Premises used for central offices and /or dispatching points within the city shall be located within the areas of the city zoned as C -M, industrial park, M -1, light industry, M -2, heavy industry, or C -2, local retail business. Any storage yard and buildings of a towing business which are located within the city limits shall be within areas zoned as M -1 or M -2. All impound and storage yards shall be suitably screened from public rights -of -way in accordance with at least one of the following measures: 5.44.140 Charges Preparation of bills. Every operator, his agent or employee, after towing a disabled vehicle away, shall prepare a bill in duplicate. The original shall be given to the owner of such vehicle or his authorized 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 authorized representatives. This bill shall contain the following information: 3931C2 (1) A solid evergreen planting; (2) A decorative obscuring fence to include sparse evergreen planting. (a) Name, address and place of business of operator; 3 (b) Name and address of person calling for and engaging the tow truck; (c) State license number and description of the disabled vehicle; (d) The company number of the wrecker or other vehicle used for towing purposes; (e) Total amount charged for towing and storage; (f) The time and place from which towing commenced and terminated. 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 six thousand pounds and no part of the mechanism (winches, booms, blocks, winch brakes and cable) shall be rated less than six thousand pounds. No tow truck shall be used to lift any vehicle of such weight that the rated capacity is less than one and one -half times the lifted weight, but at a minimum, shall meet or exceed current standards established by the Washington State Patrol. 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. 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 three hundred sixty 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 combination on a bracket with an extension cord capable of being mounted on the rear of the damaged or disabled vehicle. 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. 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: (a) Service to the public on a twenty- four -hour basis. One suitable single party telephone service shall be obtained and maintained; (b) Radio equipment installed at a dispatching point and in each of the vehicles, and maintained in good working order at all times; (c) Maintain an average response time of not more than twenty minutes to all locations within the city; (d) 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. 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 truck for him, the police department shall call tow truck operators from an alphabetical list and shall rotate the calls so that such calls are evenly distributed among the licensed tow truck operators who have requested to be placed upon such list. The police department shall keep a record of such calls which shall be available for public inspection. 5.44.210 License Revocation. The grounds for the revocation of a license issued under this chapter are as follows: 3931 C 2 4 (a) 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; (b) 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; (c) 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; (d) 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; (e) 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; (f) Failure to keep records or issue receipts as required in this chapter; (g) Failure to maintain full service or any misrepresentation of availability of service, when called; (h) The charging of rates in excess of those approved by the city council and published. 5.44.220 Businesses within annexed areas. An existing tow truck business within an area annexed to the city shall be permitted to continue to do business, and if the premises so used are not within the proper zoning classification, the continuation of business shall be permitted as a nonconforming use. 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 Section 5.44.270. 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. 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 3931C2 5 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. 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. 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 five hundred dollars or imprisonment in the city jail for not longer than six months, or both. Section 2. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 3. This ordinance shall take effect and be in full force five (5) days after publication of the attached Summary which is hereby approved. PASSED Y THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 3 r day of 1988. ATTEST /AUTHENTICATED: B T ERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE •F THE CITY ATTORNEY FIL D WITH THE CITY CLERK: ,C- 3 CT PASSED BY THE CITY COUNCIL: 10 3 8 F PUBLISHED: /0-13 -PP EFFECTIVE DATE: ,o ORDINANCE NO.: 4g42, 3931C2 6 SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 5.44 OF THE TUKWILA MUNICIPAL CODE RELATING TO TOW TRUCK BUSINESSES, TO PROVIDE FOR ECONOMICAL UTILIZATION OF CITY AND STATE GOVERNMENT RESOURCES On /30r2 .3 1988, the City Council of the City of Tukwila passed Ordinance No. g which provides as follows: for the amendment of Chapter 5.44 of the Tukwila Municipal Code relating to tow truck businesses; for severability; and effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of 1988. 3931C RiklLs 1 Ya.!!e Dad/ News, /0- 3-?? 3931C2 fNE ANDERSON, CITY CLERK