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HomeMy WebLinkAbout6110ORDINANCE NO. 6 1 1 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 5.20.240 OF THE AUBURN CITY CODE RELATING TO TOW TRUCK BUSINESSES WHEREAS, a review of the City Code related to tow truck businesses revealed the need to make changes to the business license code to bring tow business operators into greater conformity with the Washington State Patrol and Washington State Registered Tow Truck Operators standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 5.20.240 of the Auburn City Code be and the same hereby is amended to read as follows: 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 asix-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 ass+deatcollisions 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 Ordinance 6110 July 17, 2007 Page 1 of 4 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: a. Not respond to vehicle asside~tcollisions 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 a~~en#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. Gen~}~Charge fees in conformity. with the Washington State Patrol annual fee schedule r^+o~ nnnor^Ilv nh^r..or1 ;n +ho oro~. 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 apatrol-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, Ordinance 6110 July 17, 2007 Page 2 of 4 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; 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; I. 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 asight-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 asc+de~tcollision 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 twenty 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 A~r~tCollision Debris. The driver of any tow truck responding to a~ vehicle assideetcollision 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. 4012 § 2, 1984.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 6110 July 17, 2007 Page 3 of 4 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this ~ da of 2007. Y INTRODUCED: AUG ~ 2007 PASSED: AUG - 6 2007 APPROVED: AUG ' 6 2007 ATTEST: G~ w~l~ Da ~elle E. Daskam, City Clerk APPROVED A~,S TO FORM: Published: S~ ~~ z~-~%'~7 IT OF ~lL1B~'EJRN -.. _._-~ _._--- .. PETER B. LEWIS MAYOR Ordinance 6110 July 17, 2007 Page 4 of 4