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HomeMy WebLinkAboutOrd 0808 - Business License for Tow Trucks r�'tt 0 City of u Washington Cover page to Ordinance 808 The full text of the ordinance follows this cover page. AN ORDINANCE REGULATING AND LICENSING THE OPERATION OF TOW TRUCKS, PROVIDING FOR mINI iUI' EQUIPMENT STANDARDS AND SERVICES, DEFINING OFFENSES, AND PRESCRIBING PENALTIES. Ordinance 808 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 1482 1358 §19-20 te 1)7to ��a CITY OF TUK WILA WASHINGTON ORDINANCE NO. (2 tC-f (rvs 0-20 cpialed ey )rd )358 AN ORDINANCE REGULATING AND LICENSING THE OPERATION OF TOW TRUCKS, PROVIDING FOR MINIMUM "I� EQUIPMENT STANDARDS AND SERVICES, DEFINING "f OFFENSES, AND PRESCRIBING PENALTIES. THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions (1) "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 corporate limits of the City of Tukwila. (2) "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. (3) "Impound" means the taking of a vehicle into legal custody, pursuant to law. (4) "Police" means any authorized agent of the Tukwila Police Department or other law enforcement agency having juris- diction. (5) "Police Department" means the Police Department of the City of Tukwila. (6) "City" means the City of Tukwila. (7) "Licensee" means a towing business or towing service having a valid license issued by the City of Tukwila authorizing the furnishing of towing services. Section 2. Application for License. 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 corporate limits of the City of Tukwila unless such person shall be the holder of a valid license issued by the City of Tukwila. It is unlawful for any person, corporation, partner- ship, joint venture or other business entity to operate a towing business or towing service within the corporate limits of the City of Tukwila 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 busi- ness shall not exempt such operation from the licensing require- ments of this section. -1- Section 3. Application for License. Every person desiring to operate or have charge of a tow truck business within the City of Tukwila shall make a written application to the City Clerk for a license to do so. Section 4. Inspection Report Required. When filed, said application shall also be accompanied by an inspection report on the vehicles and equipment based on inspection by the Chief of Police. Section 5. Insurance. Every operator shall file with the City Clerk a policy or policies of public liability insurance, issued by an insur- ance company or companies authorized to do business in the State of Washington, providing indemnity for or protection to the City of Tukwila as well as providing public liability insurance cover- age 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 said 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 ($50,000.00) for the injury or death of one person, or One Hundred Thousand Dollars ($100,000) for the injury or death ofnore than.one person in any one accident and Ten Thousand Dollars ($10,000.00) 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 bank- ruptcy 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 (10) days' written notice to the City Clerk in the event of change or cancellation. Section 6. License Fee. Every application shall be referred to the Chief of Police whose duty it shall be to investigate the applicant, and upon being satisfied with his qualifications, recommend to the City Council that a license be issued. 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 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 oper- ated, and a separate license shall be required for each vehicle. Section 7. Ownership. The applicant shall furnish all information concerning ownership; number and classification of vehicles to be operated; the name under which the applicant intends to operate; and such other information as may be deemed by the Chief of Police to be necessary for proper supervision. Section 8. License Recommendation. If the Chief of Police shall find from his investiga- tion and from the information obtained that the applicant is a financially responsible person and the bona fide owner of the vehicles for which licenses are sought and has met all the re- quirements of this ordinance; that the vehicles are safe and -2- equipped with valid state licenses; that they arc properly bonded for the protection of the public as required by the motor vehicle laws of the State of Washington; and the con- venience and necessity of the City will be promoted by grant- ing such applicant one or more licenses, said Chief of Police shall recommend to the City Council that the license be granted. Section 9. Registration of Drivers. Each operator must submit to the City Clerk, with his .application, a list of proposed drivers and their Washington State Operators License Numbers, said list of drivers with Washington State Operator License number to be kept current at all times. Section 10. Inspection. All vehicles operated under the authority of this ordinance shall be..available for inspection at any reasonable time and place by the Chief of Police, or his designated rep- resentative. The Chief of Police or his duly appointed repre- sentative shall inspect 'a vehicle to determine cleanliness, proper equipment, good appearance, safe operating condition, and said Chief of Police, or his duly appointed representative shall at the time of his inspection ascertain that the vehicle is carrying the permits' issued by the Department of Licenses of the State of Washington, showing such vehicles to be properly bonded for the public protection, and also the licenses issued pursuant. to this ordinance. 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. Section 11. Regulations for Drivers. It shall be unlawful far 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 proba- tion officer. All drivers must be at least 18 years of age. Section 12. Rates. All rates must be approved by the City Council and be made a matter of record. Section 13. 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 corporate limits of the City shall be within areas zoned as M -1 or M -2. -3- Section 14. Charges Preparation of Billing 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 oper- ator at his place of business for a period of six (6) months, and shall be exhibited upon demand of the Chief of Police or his duly authorized representatives. This bill shall contain the following information: a. Name, address and place of business of operator. b. Name and address of person calling for and en- gaging 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. Section 15. Lifting and Towing. Any vehicle used to tow, for any fee, another vehicle shall be designed and constructed specifically for this purpose. Minimum lifting capacity per boom shall be 6000 pounds and no part of the mechanism: winches, booms, blocks, winch brakes and cable, shall be rated less than 6000 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. Section 16. Minimum Equipment Required. Tow trucks shall be so equipped as to meet the follow- ing minimum requirements for the towing of vehicles. Towed vehicles shall be towed by either sling and /or cables, and be secured to the tow truck by means of a draw -bar or other connec- tion of sufficient strength to hold the towed vehicle on any grade where operated or under conditions of severe braking and shall effectively eliminate whippings or weaving of the towed vehicle. Effective boom locking devices shall be used and safety chains shall be attached to the towed vehicle. Booms shall be secured to prevent side swing. Tow trucks shall carry a broom, shovel, one five -pound or two :wo-tpound fire extin- guishers, gas can and spout. Section 17. Emergency Lighting. Tow trucks shall comply with all legal lighting re- quirements, 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 combination on a bracket with an extension cord capa- ble of being mounted on the rear of a damaged or disabled vehicle. Section 18. Performance Ability of Brakes. Braking systems on all combinations of vehicles shall be in accordance with Classification C -4, RCW 46.37.351. -4- Section 19. 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 24 -hour basis and that one suitable single party telephone service be obtained and maintained. b. Radio equipment installed at a dispatching point and in each of the vehicles, and main- tained in good working order at all times. c. Maintain a dispatch office within the corporate limits of the City of Tukwila and maintain on an average a response time less than 30 minutes anywhere in the City of Tukwila. d. Maintain a secure storage lot within the City of Tukwila. e. Secure a bond to cover any loss of public or private property from vandalism or theft while vehicle impounded is stored in the impound storage lot. Section 20. 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 within the City from an alphabetical list and shall rotate the calls so that such calls are evenly distributed among the licensed tow truck operators within the City. The Police Department shall keep a record of such calls which shall be available for public inspection. Section 21. Revocation. The grounds of the revocation of a license issued hereunder are as follows: 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 depart ments 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 ordinance. 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 he scene of an accident without notification to the police de- partment. -5- 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 re- quired in this ordinance. g. Failure to maintain full service or any mis~epre- sentation of availability of service, when called. h. The charging of rates in excess of those approved by the City Council and published. Section 22. Enforcement. If the Chief of Police shall find that any licensee has violated or failed to comply with any provisions of this ordinance, he shall make a written record of such finding, and shall specify therein the particulars and he may revoke or suspend the license for a reasonable period to be fixed by him. Section 23. Appeal. A ny 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 (5) 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 en- titled 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 sus- pended or revoked license shall be surrendered to the Chief of Police. Section 24. Inspection. The Chief of Police may make and enforce reasonable rules and regulations consistent with this ordinance, including provision for inspection by him or his designee of vehicles hereunder. Section 25. Invalidity of Section. If any portion of this ordinance is found by any court to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this ordinance. Section 26. Penalty. Anyone violating or failing to comply with any of the provisions of this ordinance shall, upon conviction thereof, be punishable by a fine of not exceeding three hundred dollars $300.00 or imprisonment in the City jail for not exceeding ninety days or both. -6- Section 27. Annexation. An existing tow truck business within an area annexed to the City of Tukwila 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 non-conforming use. Section 28. Out of Town Tow Truck Operators. Nothing in this Ordinance shall prevent the owner of a motor vehicle requiring towing service from calling a tow truck operator not doing business within the City of Tukwila. Tow trucks from businesses located outside the City of Tukwila, while operating within the City of Tukwila, must meet the safety, lighting and equipment requirements of this Ordinance and failure to do so shall subject them to the penalties pre- scribed by Section 26. This Ordinance shall take effect five (5) days after its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, and approved by the Mayor this /7A day V3 1973. ,4 Mayor Attest: /61/Le,, /itta C3�i y Clerk Approved as to Form: City .Attorney Published: 44///je, I ��o /k5 -7-