Chapter 5.32
TOWING SERVICES
Sections:
5.32.010 Legislative declaration.
5.32.050 Rate and hour schedule—Public record.
5.32.060 Records and tow orders required.
5.32.080 Towing from scene of accident.
5.32.090 Responding without authorized request.
5.32.100 Vehicle immobilization service.
5.32.010 Legislative declaration.
The City Council declares that the operation of wrecker/towing services in this city affects the public health, safety and welfare, and the city regulations of such operation is in the public interest. (Prior code § 19-1)
5.32.020 Definitions.
As used in this chapter, unless the context otherwise requires:
“Chief of Police” means the Chief of Police of Glendale or his authorized representative.
“Motor vehicle” means a vehicle which is self-propelled.
“Operator” means any person operating and/or driving a truck or other vehicle designed for or adapted for the purpose of towing motor vehicles.
“Police Department” means the Glendale Police Department and the employees thereof.
“Towing vehicle” means a motor vehicle specifically designed or equipped for transporting other motor vehicles by means of winches, cables, pulleys, or other equipment for the towing by pulling or listing such other motor vehicle in transporting it from one place to another by a towing carrier.
“Vehicle immobilization” means the incapacitating or immobilizing of any vehicle without the permission of the owner. Devices used to immobilize a motor vehicle include any object or mechanism attached to the vehicle that does not allow normal vehicle operation.
“Vehicle immobilization service” means a company or person offering services anywhere in the city whereby vehicles are immobilized by installing on or attaching to such vehicles devices designed to restrict the normal operation of such vehicles or by any other means whatsoever which are designed for or adapted to that purpose.
“Wrecking/towing service” means a person, firm or corporation offering services anywhere in the city wherein the person, firm or corporation’s primary function, or one of whose primary functions, consist of commercially offering services in the city whereby motor vehicles are towed or otherwise moved by use of a truck or other motor vehicle designed for or adapted to that purpose. (Ord. 2017-8 § 1 (part): prior code § 19-2)
5.32.030 Applicability.
The provisions of this chapter shall apply to all wrecker/towing/immobilization services which tow/immobilize motor vehicles from public or private property within the city, except such wrecker/towing/immobilization services which tow/immobilize motor vehicles belonging to or operated by the wrecker/towing service person, firm, or corporation. (Ord. 2017-8 § 1 (part): prior code § 19-3)
5.32.040 Permits required.
A. The wrecker/towing service shall hold a valid Colorado Public Utilities Commission permit for each vehicle used as a towing vehicle and shall have, keep and maintain in full force and effect the public utilities commission permit authorizing operation of a wrecker service.
B. Each operator of a towing vehicle shall hold a valid Colorado operator’s permit for the type of vehicle operated. (Prior code § 19-4)
5.32.050 Rate and hour schedule—Public record.
Any wrecker/towing service which tows vehicles from within the city from either public or private property shall, prior to any towing, file with the Chief of Police a schedule which shall include rates and hours of availability and shall keep the rate and hour schedule current, and which schedule shall be of public record and may be distributed by police at the scene of a vehicular collision or disablement. (Prior code § 19-5)
5.32.060 Records and tow orders required.
A. Every tow vehicle operator shall cause a record of each motor vehicle which is towed from within the city to be maintained, which records shall indicate the following:
1. The date and time the request for tow service was made;
2. Location of the motor vehicle at the time the request was made;
3. The name and address of the owner of the motor vehicle, if known;
4. The make, model, license or identification number of the motor vehicle;
5. The condition of the motor vehicle, whether it was damaged or undamaged, intact or stripped;
6. The date and time that the motor vehicle was delivered to a storage facility and the location of facility;
7. The amount of the towing charges due at the time the motor vehicle was released from the storage facility, having separate amounts for towing and storage, except if such storage facility was maintained or operated by the city.
The records shall be available at all times during regular business hours of the wrecker/towing service for inspection by the Police Department or the owner-operator of the towed vehicle and the records shall be maintained for a period of one year after the vehicle in question is released.
B. When a vehicle is ordered towed by the Police Department, a signed tow order must be prepared on a form and style designated by the Chief of Police before the vehicle may be towed.
C. When employed by the owner or custodian of a vehicle to be moved from the scene of a collision or disablement, the wrecking/towing service or operator or his agent shall complete at the scene, a tow service order on a form approved by the Chief of Police and shall sign such order and shall furnish a copy of such order to the owner or custodian of the vehicle.
D. When a vehicle is towed from private property within the city under instructions or request of the private property owner, before the vehicle is removed from the scene, the wrecker/towing service or operator as agent shall complete at the scene a signed tow order of a form approved by the Chief of Police and the tow order shall be countersigned by the owner or agent of the private property. (Prior code § 19-6)
5.32.070 Unlawful towing.
A. It is unlawful:
1. For any wrecker/towing service or operator to tow or otherwise move a vehicle from any area or portion of a public street without consent of the owner or custodian thereof or without authorization by the police;
2. For any wrecker/towing service or operator to tow or otherwise move a vehicle from any private road or driveway or from any other privately owned lane or property within the city except:
a. When the wrecker/towing service or operator is requested to perform towing services by the owner or custodian of the vehicle,
b. When the wrecker/towing service or operator is requested to perform towing services by the owner or custodian of private property on which the vehicle is parked; provided, that the owner or custodian of such private property has first furnished the wrecker/towing service or operator with a written statement to the effect that every reasonable effort has been made to locate the owner or custodian of the vehicle, and that a tow order has been prepared and countersigned by the property owner or custodian;
3. For any wrecker/towing service or operator to fail to notify the Police Department within twenty (20) minutes of the removal of a vehicle from public or private property;
4. For any wrecker/towing service or operator to require an owner or custodian of a vehicle located on private property, which vehicle the wrecker/ towing service or operator has been authorized to tow or otherwise move by a party other than a police officer, to pay a service charge in excess of the service charge established by resolution of the City Council when the owner or custodian arrives on the scene before such vehicle is removed.
B. Regulations covering towing from private property shall not prevent or effect the towing from designated fire lanes or tow zones as ordered by a representative of the Police Department. (Prior code § 19-7)
5.32.080 Towing from scene of accident.
A. No wrecker/towing service or operator thereof shall move or tow, or cause to be moved or towed, any motor vehicle involved in any accident, collision or disablement in the city wherein there is a personal injury or property damage exceeding fifty dollars ($50.00) until such time as directed by an officer of the Police Department.
B. The operator of a towing vehicle shall remove all glass and debris deposited upon the roadway by the vehicle he has authorization to tow. Such removal shall take place before the operator leaves the scene. (Prior code § 19-8)
5.32.090 Responding without authorized request.
It is unlawful for any person operating a towing vehicle to respond to any emergency tow service request or situation within the city without being specifically requested to do so by a member of the Police Department or the owner or operator of the motor vehicle to be towed. (Prior code § 19-9)
5.32.100 Vehicle immobilization service.
A. An immobilization company shall obtain a city of Glendale business license.
B. The applicant immobilization company shall complete a background check through the city of Glendale Police Department.
C. Any vehicle immobilization service, which immobilizes vehicles within the city from either public or private property, shall, prior to any immobilization, file with the Chief of Police a schedule which shall include rates and hours of availability and shall keep the rate and hour schedule current, and which schedule shall be of public record and may be distributed by police at the scene of a vehicular collision or disablement.
D. The immobilization company must have a minimum twenty-five thousand dollars ($25,000) insurance.
E. Employees of the immobilization company will wear a uniform that designates them as parking enforcement and displays the company name.
F. The immobilization company shall have a signed contract, before any immobilization occurs, from the owner of the private property, and the contract will be readily available to show owners of vehicles and/or Police Department representatives whose vehicles have been immobilized.
G. The immobilization company will accept credit cards and debit cards as payment for removing an immobilization device.
H. The immobilization company will allow an immobilized vehicle to remain on the private property for a period of at least two (2) hours before towing the immobilized vehicle.
I. The immobilization company will only charge the towing and impound fees if an immobilized vehicle is towed.
J. Private property owners shall have signs posted on their properties warning drivers that their vehicles will be immobilized, impounded, or towed at the vehicle owner’s expense if they park in unauthorized spaces. The signs will be visible to the driver of the vehicle entering the property and/or where the vehicle is parked. The wording on the warning sign will be a minimum of one and one-half (1.5) inches in height warning drivers about illegal parking and the name and phone number of the immobilization company.
K. The employee performing the immobilization shall conspicuously affix to any immobilized vehicle a sign, not less than eight (8) inches by eleven (11) inches in size, with letters at least one and one-half (1.5) inches in height, advising the owner, driver, or person in charge of the vehicle that the vehicle is immobilized and damage may occur if the vehicle is moved, or if the immobilization device is tampered with.
L. The immobilization company shall have one (1) hour after proper payment to remove the immobilization device, the warning sign, and any adhesive. The immobilization company will respond within one-half (0.5) hour to remove an immobilization device, warning sign, and adhesive that was wrongly attached to a vehicle parked legally, with no charge to the owner of the vehicle.
M. City Council, by resolution, may establish a maximum service charge for removal of an immobilization device. It is unlawful for an immobilization company to charge an amount in excess of the maximum amount established by City Council. (Ord. 2017-8 § 1 (part))
5.32.110 Violation—Penalty.
In addition to any other penalty or provisions provided for by law or violations of any of the provisions of this chapter, every person, firm or corporation found guilty of a violation of this chapter shall upon conviction thereof be punished by a fine not to exceed the amount of the maximum fine set forth in Section 1.16.010. (Ord. 2017-8 § 1 (part): Ord. 1995-17 § 7. Formerly 5.32.100)