Chapter 2.40
AUTHORIZED POLICE GARAGES
Sections:
2.40.030 Timekeeping and delays.
2.40.040 Vehicle and equipment standards.
2.40.080 Protection and handling of vehicles.
2.40.090 Property in vehicles.
2.40.110 Insurance--Hold harmless.
2.40.140 Enforcement and appeal.
2.40.010 Purpose.
A. Requirement must be met and maintained if a towing operation is to conduct business in the city as an authorized police garage. Prior to conducting business in the city, as an A.P.G., a towing operation must obtain a letter of authorization from the chief of police.
B. To receive the authorization, the applicant must apply to the chief of police in writing and must have equipment and facilities that meet the following minimum requirements as well as being able, and expressing a willingness to continue to conform with the standards as set forth.
C. After receiving authorization, then the tow service may display the words "authorized police garage" on each of their trucks.
D. The letter of authorization referred to above shall be for a period of one year and shall be renewed only upon an inspection of the equipment and operation of the business to assure continued compliance with this chapter. (Ord. 2419 §2, 1981; Ord. 2102 §1, 1974)
2.40.020 Release of vehicles.
A. Authorized police garage operations must provide for the release of vehicles Monday through Friday from eight a.m. through five p.m. excluding officially recognized holidays.
B. Vehicles may be released after regular working hours, and a service charge up to that listed in Ordinance 2361, set out in this code in "Fee Schedule," may be assessed. (Ord. 2511 §1, 1984: Ord. 2102 §2, 1974)
2.40.030 Timekeeping and delays.
A. The A.P.G. shall maintain a dispatch log for recording pertinent dispatch data on each tow unit dispatched.
B. If, when called by the police department, a tow unit cannot be dispatched to arrive at the scene within thirty minutes, the towing service dispatcher shall so state and the next towing service on the list shall be called.
C. Exception: Under emergency conditions, the A.P.G. must have the capability of immediate response to the call.
D. The determination of whether an emergency exists or not shall be solely that of the officer at the scene. (Ord. 2102 §3, 1974)
2.40.040 Vehicle and equipment standards.
All A.P.G.’s shall maintain at least two tow trucks operational at all times. Tow trucks shall have dual wheels or wide tires that are rated to that of dual wheels and not be less than sixteen inches. Each tow truck shall have a factory load rating of not less than one ton. Minimum tow truck equipment is as follows:
1. Single boom wrecker gear;
2. Rubber sling/heavy truck sling;
3. Fire extinguisher with a U.L. rating of at least 10B:C;
4. Two-ton hydraulic jack;
5. Set of car collies;
6. Shovel;
7. Twenty-four-inch push broom;
8. Two-gallon gas can;
9. Bolt cutters, 3/8" jaws;
10. Pry bar;
11. Four-way lug wrench;
12. Two-gallon water can;
13. Eight-inch adjustable wrench;
14. Set of screwdrivers;
15. Ball peen hammer;
16. Set vice grips;
17. Pliers;
18. Wire brush;
19. Set of open end wrenches, 3/8 to one inch;
20. Tool box;
21. Snatch block, four-ton;
22. Two J hooks with chains;
23. Two four-by-four blocks;
24. One two-by-four, four and one-half feet long;
25. Twenty feet of assorted chains;
26. Six fifteen-minute flares;
27. Trailer hitch;
28. Extending tail and stop lights for towed vehicles;
29. Appropriate yellow emergency warning lights;
30. Two flash lights;
31. Two wreck-ahead signs;
32. Four-wheel hydraulic lock system;
33. Two chock blocks;
34. Jump cables;
35. Ignition spray;
36. Roll of wire;
37. Twenty feet of heavy twine or light rope;
38. Approved first aid kit;
39. Tire chains;
40. Four pounds of oil absorbent;
41. Axe;
42. Heavy duty tire pump or air tank;
43. FCC licensed two-way radio. (Ord. 2511 §2, 1984; Ord. 2102 §4, 1974)
2.40.050 Removing debris.
A. An A.P.G. tow unit operator is required to remove all glass and debris deposited upon the roadway by the disabled vehicle which he has received authorization to tow.
B. In addition, the tow unit operator must spread oil absorbent upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle. (Ord. 2102 §5, 1974)
2.40.060 Authorization.
A. Before any service can be performed to prepare the vehicle for towing, authorization must be obtained from one of the following persons and whenever possible the authorization shall be written:
1. The driver;
2. The registered owner;
3. The legal owner;
4. Their insurance carrier;
5. The agent of any of the above.
B. When none of the above persons are able to authorize the removal of the vehicle, the vehicle may be impounded upon order of the police department. A tow unit operator is not permitted to tow a vehicle from the scene of a traffic accident until authorization is received. The written authorization must contain:
1. An itemized statement of all services to be performed;
2. The rates and charges entered;
3. The signature of the tow operator;
4. The signature of the person authorizing the tow.
C. A copy of the completed authorization must be furnished to the customer before beginning work or demanding payment. The copy of the authorization must also indicate the name, address, and telephone number of the towing operation business and the days and hours the business is open for the release of the vehicle. The same procedure applies when towing vehicles disabled because of mechanical failure.
D. Before any repair or alteration is performed by the A.P.G. operation, it must be authorized in writing by the customer. Emergency alterations necessary to remove the vehicle from the scene by towing are not prohibited.
E. Notwithstanding the provisions set out in this section, if in the discretion of the police department it is in the public interest and safety to have a vehicle towed and/ or impounded, the decision of the police department shall have priority over the persons named in subsection A of this section. For the purposes of this chapter, "customer" in subsections B and D of this section includes the police department. (Ord. 2419 §3, 1981; Ord. 2102 §6, 1974)
2.40.070 Storage lots.
A. All lots shall be inspected and approved by the city police department, prior to use.
B. Lots must be fenced for maximum security, lighted during hours of darkness, and have adequate storage space. Lots must conform to existing city ordinances and zoning laws and must not be located more than two miles from the city limits. (Ord. 2102 §7, 1974)
2.40.080 Protection and handling of vehicles.
A. Impounded vehicles shall be stored separately from vehicles maintained for wrecking yard sale of business.
B. Parts shall not be taken from an impounded vehicle without proper authorization.
C. The release of vehicles impounded for storage only shall be the responsibility of the A.P.G. (Ord. 2102 §8, 1974)
2.40.090 Property in vehicles.
A. The A.P.G. has the responsibility of safeguarding all articles left in impounded vehicles. All property left in vehicles shall be listed on a vehicle impound inventory report. Any article removed for any reason shall be properly identified.
B. The A.P.G. shall not allow removal of property from an impounded vehicle without first obtaining a written receipt therefrom from the owner or the owner’s authorized representative. (Ord. 2419 §4, 1981; Ord. 2102 §9, 1974)
2.40.100 Impound reports.
A. The impound report shall be completed by the officer who was present at the scene.
B. If no officer was present, then this form shall be completed by the officer who requested the dispatch of the towing unit.
C. The tow truck operator shall sign the completed report thus verifying its accuracy.
D. Vehicles shall not be released unless the authorized person displays a signed impound release form furnished and obtained at the police department.
E. The vehicle impound inventory report shall be made in triplicate and distributed as follows:
1. One copy will be given to the tow operator;
2. Two copies will remain with the officer. (Ord. 2511 §3, 1984: Ord. 2102 §10, 1974)
2.40.110 Insurance--Hold harmless.
A. The performance of the towing service shall be as an independent contractor and not as an officer, agent, or employee of the city.
B. The towing unit operator and towing service agree to assume sole responsibility for a vehicle once the vehicle has been taken under tow.
C. The towing service shall maintain such insurance as shall protect the towing service and the city, its officers, agents, and employees from all claims for damage to property or bodily injury which may arise from conducting business as an authorized police garage. (Ord. 2511 §4, 1984: Ord. 2102 §11, 1974)
2.40.120 Rates and charges.
A. Rates and charges for towing and storage of vehicles, contracted as a result of police activity or in the performance of duties of an A.P.G., shall not exceed those set by the city council in Ordinance 2361, set out in this code in "Fee Schedule."
B. Additional charges shall be made for special equipment or service necessary to prepare vehicles for towing except as provided by Ordinance 2361, set out in this code as "Fee Schedule." Rates and charges shall be posted in a conspicuous place in the office of the A.P.G. and all bills shall be itemized.
C. Towing charges shall be based on an hourly rate for time actually consumed except those charges listed in Ordinance 2361, set out in this code in "Fee Schedule." Storage charges shall be based on a daily rate, extending from midnight to midnight of the following day. (Ord. 2511 §5, 1984: Ord. 2419 §5, 1981: Ord. 2102 §12, 1974)
2.40.130 City towing service.
In exchange for the city’s cost of administering and enforcing this chapter and the privilege of being called on an exclusive basis:
A. A.P.G.’s shall agree to provide towing and emergency roadside service for all city vehicles without costs to the city except necessary materials and parts expended, if any.
B. The city will call only A.P.G.’s on an exclusive basis.
C. In the event more than one towing service qualifies as an A.P.G., the city shall maintain a telephone log assuring equal and alternating calls to each A.P.G., except when a private party requests a specific towing service. (Ord. 2102 §13, 1974)
2.40.140 Enforcement and appeal.
A. A towing service which fails to qualify or is failing to comply with the rules, regulations or policies of this chapter shall have its authorization refused or revoked by notice in writing by the chief of police, which notice shall state the reasons for the revocation or refusal.
B. An affected towing service may appeal the revocation and refusal of authorization by giving written notice of appeal to the city recorder, who shall place the appeal upon the agenda of the next regular city council meeting to be heard by the city council, which shall uphold or revise the revocation or refusal decision of the chief of police. (Ord. 2102 §14, 1974)