HomeMy WebLinkAboutITEM V-D
ISSUES REGARDING TOW OPERATIONS WITHIN THE CITY
I am including herewith copies of the business license for tow operators as well
as a resolution approving an agreement with tow operators. There are two
separate things at play in these documents. One deals with the regulation of
businesses that provide tow services within the City, unrelated to the needs of
any particular City department. This is more akin to regular business license
activity. The other relates to contracts that the City/Police have with tow
operators who are on the City's tow truck rotation.
If the City Council and the Municipal Services Committee wanted to make some
changes to the way the City does business with tow truck operators - the contract
with tow operators on the police tow truck rotation list, that can be done pretty
easily. The City could, for instance, require that in order for tow trucks to be on
the City's rotation list, the tow truck company would have to have a tow truck yard
within the City limits. That would also entail making sure there was territory
within the City that tow truck operators could use for their tow yards. I don’t know
how much property would be available for tow truck yards within the City but this
is an issue for which our planning department may be able to provide assistance.
Another issue the City Council may want to look at is how the City can be
assured of receiving its share of the taxes applicable to tow truck operations.
Generally, tax is assessed based upon the site of the business activity, and that
may be the site to which the vehicle is towed. That would at least be a legitimate
basis for the City asserting an interest in the applicable tax dollars. That ties into
the potential requirement that the City may want to use for tow truck operators on
the rotation list - having a tow yard in the City. (Right now it appears that the tow
truck operators merely have to have a tow yard within a reasonable distance of
the City - X miles.)
Another issue that has more potential complications is whether the City could
require tow truck operations within the City to be licensed within the City. If we
were to require that, it would likely interfere with the private contacts that property
owners may have with tow truck companies to remove certain vehicles from their
parking lots and private property. Additionally, our current codes and state law
do not require business licenses for incidental activity that may occur within the
City.
By providing the attached documents to the Municipal Services Committee, they
can be acquainted with the specific issues and may give us direction in what they
would want us to do or how they would want to approach changes in the City
Code or the tow truck rotation list.
Daniel B. Heid, City Attorney
4/22/10
5.20.240 Tow truck business
A.Definitions
.
"Tow truck" means a specially constructed and equipped motor vehicle for
towing vehicles not otherwise used in transporting goods for compensation.
B.License Regulations.
1.Tow Truck Vehicle Requirements.
All tow truck vehicles utilized by licensees pursuant to this chapter will:
a
. Be equipped with dual tires or have a comparable capacity single tire
(balloon-type), dual booms, and dual winches with at least a six-ton
capacity (manufacturer's rating). Winches are to be of a type that may be
operated independently or jointly, and each must contain a minimum of
100 feet of cable of a continuous length per drum, three-eighths-inch
minimum;
b
. Comply with all legal light requirements and, in addition, have mounted
thereon a revolving red light capable of 360-degree visibility. This
revolving red light will be used only at vehicle collisions or emergency
scenes;
c.
Carry a portable tail and stop lamp bracket with an extension cord capable
of being mounted on the rear of a damaged or disabled vehicle;
d
. Carry a broom, shovel, flags and flares, hydraulic jack, a standard 24-unit
first-aid kit, one five-pound or two two-pound fire extinguishers, two pinch
bars which shall be four feet and six feet in length, and two snatch blocks
or equivalent of sufficient strength to carry any strain capable of being
applied by the wrecker when required;
e
. Carry a portable dolly or a flat-bed trailer for hauling vehicles that are not
towable;
f
. Be maintained in good mechanical condition and be presentable at all
times. The interior of each truck shall be maintained in a clean condition;
g
. Be properly licensed and any such tow truck vehicle shall be registered
with the Washington State Department of Motor Vehicles in the name of
the tow truck permit holder.
2. Tow Truck Operator Requirements
.
All tow truck operators licensed by the city pursuant to this chapter will:
Page 1 of 3
a.
Not respond to vehicle collisions or remove vehicles from the roadway
unless a private call is received or their presence is requested by the
;
police department or other duly authorized police agency
b.
Notify the police department of any vehicle collisions or of the vehicles off
the roadway prior to removal. In no event will vehicles be removed unless
authority is granted by the police department or other duly authorized
police agency. Vehicles off the roadway shall not include incidents that
transpired in their entirety off the public right-of-way, except in cases of
personal injury or death;
c
. Be experienced and efficient. In the event a new operator is being trained,
an experienced operator will also be in attendance;
d.
Be available 24 hours a day, seven days a week. It shall be the
responsibility of the operator to advise the police department when he will
be unavailable and to further advise when he is again available;
e.
Be available 24 hours a day, seven days a week to release vehicles to
persons whose vehicles have been placed in the tow truck operator's
storage area;
f.
Not refuse to surrender property from any vehicle stored when such
property is not an integral part of the vehicle;
g.
Be responsible for the security of property in vehicles stored or impounded
in their facilities. Officers will have inventory sheets available, which will be
made out in duplicate and signed by the tow truck operator. The officer
and each person concerned will retain a copy;
h
. Charge fees in conformity with the Washington State Patrol annual fee
schedule. The rates charged shall be posted in a conspicuous location
within the place of business. A copy of these rates, including all factors
that influence the amount of the rates or that could increase the rates,
shall be given to the police chief and the city clerk, and they shall be
notified of any changes;
i.
Notify the police department in the manner prescribed by the police chief
when a patrol-impounded or stored vehicle is released;
j.
Maintain records of all vehicles towed in for the city and those released.
This record shall contain the year, make and model, license number, from
where towed, to whom released and all charges. These records shall be
subject to examination by the police department during business hours.
These records shall be maintained for a period of one year from the date
of release;
Page 2 of 3
k.
Be presentable at all times. For the purpose of these requirements
"presentable" includes, but is not limited to, clean and neat appearance,
no alcohol on breath, no use of profanity, and all other acceptable
standards of conduct attributed to a gentleman;
l.
Maintain a respectable place of business;
m.
Maintain and use storage facilities inside a secure building for all death
cars and cars held for evidence. Operators shall maintain and use storage
facilities inside a sight-obscuring fence capable of being locked for all
wrecked, impounded or abandoned vehicles. This fence shall meet the
requirements of the building code of the city;
n.
Furnish proof of insurance for loss or damage of each stored vehicle and
contents and damages to vehicles being towed;
o.
Not refuse to remove any vehicles when called on rotation;
p
. Be en route to the vehicle collision or incident within five minutes between
the hours of 7:00 a.m. and 10:00 p.m. or within 10 minutes at any other
time, and be able to arrive at the scene within 20 minutes of the request;
q.
Maintain at least three tow trucks of a type satisfying the requirements of
this chapter;
r
. Must comply with the Washington State Registered Tow Truck Operators
(RTTO) standards and have a storage yard that meets the RTTO
standards that are located within the corporate limits of the city of Auburn
or located within close vicinity of the city of Auburn. For the purposes
hereof, to be within close vicinity of the city of Auburn, the storage yard
shall be within five miles of the Auburn city limits.
3. Tow Truck Vehicles – Painting and Marking
.
All tow truck vehicles utilized by the licensee under the ordinances of the city
shall be painted and marked as similarly as practical so as to enable the general
public to identify the vehicle as belonging to one tow truck vehicle permit holder.
4. Removal of Collision Debris
.
The driver of any tow truck responding to a vehicle collision scene or other call
shall be responsible to forthwith clean up and remove any debris located at the
site of the response or call. (Ord. 6110 § 1, 2007; Ord. 4012 § 2, 1984.)
02.)
Page 3 of 3