Chapter 5.70
TOWING BUSINESSES AND TOW TRUCKS
Sections:
5.70.030 Application for license—Investigation.
5.70.060 License—Issuance, renewal, denial, suspension and revocation.
5.70.070 Suspension, revocation and denial—Hearings and appeals.
5.70.080 Compliance with laws, rules and regulations.
5.70.090 Secure building—Storage facility.
5.70.100 Licensees authorized for private and public impounds.
5.70.110 Licensees authorized for police impounds.
5.70.150 No vested right to do police impounds.
5.70.010 Definitions.
The following words and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
“Impound” means the taking of a vehicle into legal custody, pursuant to law.
“Licensee” means a towing service having a valid license issued by the city authorizing the furnishing of towing services.
“Operate a towing business or towing service within the corporate limits of the city” means to physically initiate the towing of a vehicle or vehicles within the city. It does not include towing vehicles into the city from outside the city nor traveling through the city with a vehicle in tow.
“Police” means any authorized agent of the Everett police department or other law enforcement agency having jurisdiction.
“Police department” means the police department of the city.
“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.
“Towing business” or “towing service” includes any person, partnership, joint venture, corporation or other business which owns and/or operates one or more tow trucks within the corporate limits of the city and who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles. (Ord. 1830-91 § 1, 1991)
5.70.020 License required.
It is a misdemeanor, punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than ninety days, for any person, corporation, partnership, joint venture or other business entity to operate a towing business or towing service within the corporate limits of the city without having a valid and current license therefor issued by the city. Such license shall not be transferable, and upon a sale or transfer of the towing business, a new license must be obtained as provided in this chapter. The fact that the operation of any tow truck is ancillary to the operation of any other business shall not exempt such operation from the licensing requirements of this chapter. The license required by this chapter is in addition to a general business license required by this code and the regulations established in this chapter are supplemental to the general licensing requirements of this code. (Ord. 1830-91 § 2, 1991)
5.70.030 Application for license—Investigation.
Application for a towing business license must be made in writing on an application form furnished by the city and must be filed with the city clerk, accompanied by a nonrefundable investigation fee in the amount of fifty dollars. The investigation fee will only be imposed on new applicants or those applicants who fail to renew their license. The application shall include full information concerning the ownership of the business, the number and type of vehicles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the person in charge of the business plus any additional information reasonably required by the city clerk and/or chief of police.
The applicant shall also furnish with the application a current registration certificate from the Washington State Department of Licensing, if applicable, and a current letter of appointment from the equipment and standards review section of the Washington State Patrol.
The application shall be referred to the licensing official designated by the city clerk who shall determine whether all requirements have been met and information furnished as required by the provisions of this chapter. The licensing official may call upon the chief of police to conduct an investigation to obtain pertinent information relating to the license application.
All equipment to be used in the towing business shall be available for inspection by the Everett police department during reasonable business hours. (Ord. 1830-91 § 3, 1991)
5.70.040 Proof of insurance.
A certificate of insurance must be filed with the city clerk at the time the application is filed. Insurance coverage shall be in the minimum limits of one hundred thousand dollars combined single limits for bodily injury and property damage liability per occurrence. For vehicles in the custody of the licensee, the insurance coverage shall provide minimum limits of fifty thousand dollars from the time a vehicle comes into custody of an operator until it is redeemed or sold. The certificate of insurance shall indicate the licensee’s extent of coverage, limits and the expiration date of said policy.
Such insurance as is required in this chapter shall be maintained in full force and effect for the full period to be covered by the license applied for. Applicant shall submit a certificate of insurance to the city at the time of license application indicating compliance with the insurance requirements set forth in this chapter and naming the city as an additional insured on the insurance coverage. The insurer shall be obliged to give not less than thirty days’ written notice to the city before any cancellation or termination of the policy earlier than its expiration date. (Ord. 1830-91 § 4, 1991)
5.70.050 License fee.
The annual fee for a towing business license shall be one hundred dollars. The license shall expire on December 31st of the year for which the license was issued and there shall be no prorating of the license fee; except that when the original application for the license is made subsequent to June 30th, then the fee for the balance of that year shall be fifty dollars. (Ord. 1830-91 § 5, 1991)
5.70.060 License—Issuance, renewal, denial, suspension and revocation.
A. A license will be denied to any applicant if the city clerk, after due investigation, finds that the applicant or the owner has done any of the following:
1. Made any false statement on the application or omitted information required on the application;
2. Had a conviction or bail forfeiture involving crimes pertaining to alcohol, controlled substances, physical violence, or crimes directly related to the applicant’s honesty and integrity (fraud, larceny, extortion, theft, etc.) and ability to properly operate a towing business, within three years of the date of application.
If the applicant was incarcerated pursuant to a conviction as noted above, a license will be denied if the applicant was released from confinement within three years of the date of application;
3. Exhibited conduct within the past three years in driving, operating or engaging in the towing business which would lead the city clerk to reasonably conclude that the applicant will not comply with the requirements of this chapter relating to insurance requirements, or vehicle and driver licensing requirements;
4. Has been refused a towing business license or a registration certificate from the Department of Licensing or had such license or certificate revoked; provided, any applicant denied a license may reapply after one year from the date of the denial if the basis for denial no longer exists;
5. Engaged in a towing business without a current license or registration certificate or during a period of time when the license or registration certificate was suspended or revoked;
6. Failed to provide insurance coverage as required in this chapter; or
7. Does not comply with the requirements of this chapter.
B. A towing business license will be suspended if the licensee does any of the following:
1. Operates or permits the operation of a tow truck by an unlicensed driver or by a driver whose license has been suspended or revoked;
2. Fails to maintain in full force and effect the insurance required in this chapter;
3. Fails to comply with the requirements of this chapter;
4. Authorizes any person to drive a tow truck which is not equipped as required by city ordinance and the requirements of this chapter, as now or hereafter amended;
5. Allows a driver to operate a tow truck owned or operated by licensee when insufficiently covered by insurance;
6. Falsifies any information on the application; or
7. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked.
C. A towing business license may be suspended or revoked if the licensee has been found to have done any of the following:
1. Operated or permitted the operation of the tow truck while the driver is using or in possession of alcohol or controlled substances, during its operation;
2. Falsified any record, document, or information required to be kept or submitted to the city by this chapter, or by rule or regulation prescribed under this chapter;
3. Violated any of the provisions of this chapter;
4. Violated any of the ordinances of the city or the laws of the state, the violation of which reflects unfavorably on the fitness of the license holder to offer the tow truck service; or
5. Engaged in unfair methods of competition and/or unfair or deceptive acts or practices. (Ord. 1830-91 § 6, 1991)
5.70.070 Suspension, revocation and denial—Hearings and appeals.
A. “Suspension” of a license means that the licensee’s privilege to operate his/her business (in the case of a towing license) is barred for a specific period of time. A suspended license may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. The conditions of reinstatement will be determined by the city clerk.
B. “Revocation” of a license means that the license has been cancelled. A licensee whose license has been revoked cannot have his license reinstated but must comply with all conditions of revocation including reapplying for a new license and paying all license fees.
C. When the city clerk suspends or revokes a towing business license, the city clerk shall first provide the licensee with a notice of proposed suspension/revocation which shall provide notification to the licensee that a hearing will be held on the revocation/suspension at a time or date determined by the city clerk. The notice of proposed suspension/revocation will be sent to the licensee at the address found on the licensee’s application. It is the licensee’s duty to keep the address information on the application current at all times. The city clerk will preside over the hearing. In the event the licensee fails to attend the hearing, the license will automatically be revoked/suspended. Any revocation/suspension will not be effective until the city clerk makes a determination following the hearing.
D. Notwithstanding subsection C of this section, a license suspension/revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when the city clerk determines that the licensee has failed to maintain in full force and effect the insurance required in this chapter or has allowed the registration certificate from the Department of Licensing to lapse, or if such certificate is suspended or revoked, or has operated or permitted the operation of a tow truck by an unlicensed driver or by a driver whose license has been suspended or revoked.
E. Within ten days following revocation or suspension of any license issued pursuant to this chapter, or within ten days following the denial of any license regulated by this chapter, an appeal may be filed with the city clerk. Upon the receipt of such notice, the licensee shall be afforded a hearing before the mayor after reasonable notice has been given. Said appeal shall be in writing and addressed to the city clerk. Notice of the time and date of the appeal hearing shall be given by delivering a copy of the notice to the holder of the license or by mailing a copy thereof to the holder at his last address as shown by the city clerk’s license records, which notice shall be mailed or delivered at least five days before the date fixed for the hearing. The mayor shall, within thirty days after the conclusion of the hearing, issue a decision as to the revocation, suspension or denial. The decision of the mayor shall be final and conclusive as of the date set forth in the decision, unless within fifteen days from the effective date of the mayor’s order an aggrieved person or persons obtain a writ of certiorari from the superior court of Washington for Snohomish County for purpose of review of the action taken.
It is unlawful for any person whose license has been revoked or suspended to keep the license issued to him/her in his/her possession or under his control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be cancelled, and when suspended, the city clerk shall retain the same during the period of suspension. (Ord. 1830-91 § 7, 1991)
5.70.080 Compliance with laws, rules and regulations.
All licensees shall operate their towing business and conduct their operations in accordance with all applicable laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specifically, all licensees shall comply with Chapter 46.55 RCW and Chapters 204-91A and 308-61 WAC, as now or hereafter amended. (Ord. 1830-91 § 8, 1991)
5.70.090 Secure building—Storage facility.
All licensees shall maintain a building that the business occupies, either continuously or at regular times, where tow business books and records are kept and towing business is transacted.
All towing businesses shall maintain a secure building or other storage facility for the purpose of securely storing towed vehicles.
The place of business and the storage facility may be in separate locations. The place of business and the storage facility shall be located within the corporate limits of the city or within two linear miles thereof.
The place of business and storage facility shall comply with all applicable city and state laws and regulations.
All vehicles impounded within the city shall be placed within the storage facility of the towing business performing the impound, and shall remain within the storage facility until disposal. (Ord. 2930-06 § 1, 2006: Ord. 1830-91 § 9, 1991)
5.70.100 Licensees authorized for private and public impounds.
A “private impound,” for purposes of this chapter, means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. A “public impound,” for purposes of this chapter, means the vehicle has been impounded by a public official (or designee thereof) having jurisdiction over the public property upon which the vehicle is located. All licensees are authorized to do private and public impounds. (Ord. 2602-02 § 1, 2002: Ord. 1830-91 § 10, 1991)
5.70.110 Licensees authorized for police impounds.
A. A “police impound,” for purposes of this chapter, means the vehicle has been towed and/or impounded at the direction or request of a police officer of the city and may include, but is not limited to, stolen vehicle recoveries, abandoned vehicles, vehicles disabled as a result of accidents, or any vehicles otherwise lawfully impounded.
B. The terms of this section apply:
1. In the absence of a contract between a towing business or towing service and the city to provide police impounds. In lieu of licensing for police impounds, the city is authorized to contract with tow businesses for towing services and police impounds, including storage for police impounds. The city may, in addition to such other provisions deemed appropriate by the city, incorporate into the terms of such a contract some or all of the provisions of this section relevant to class A licensee requirements.
2. When alternative towing services are required because the towing businesses having a contract(s) with the city is/are unavailable to provide police impounds.
C. The police department is authorized to establish and maintain a list of licensees who are qualified for police impounds. Licensees who, in addition to the other requirements for licensing under this chapter, possess a current letter of appointment from the Washington State Patrol for Zone 3 as established by the Washington State Patrol are qualified for police impounds. Such list shall be reviewed at least annually to determine if licensees listed thereon still possess a current letter of appointment. Licensees qualified for police impounds shall be rated class A licensees.
D. Class A List.
1. The list of qualified class A licensed towing businesses shall be used in connection with the impounding or removal of disabled or abandoned vehicles or vehicles which may be impounded under provisions of law by order of the police.
2. When a person makes a request to the police department or police dispatcher for towing services when the vehicle is not subject to impound, the request shall be treated as a nonpreference matter and the request shall be referred to a qualified class A licensee in the same manner as if the police were requesting the towing service pursuant to an impound.
E. All referrals under subsection D of this section shall be distributed on a rotation basis among qualified class A licensees who have notified the police department in writing of their willingness to accept such referrals.
F. Except in regard to impounds, nothing in this chapter shall be construed to preclude any person from requesting the services of a licensed towing business of their choice unless, in the opinion of the police department, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition.
G. Any licensee desiring to participate in police-requested towing services and impounds shall make a written request of the chief of police to be placed on the list of class A licensees. If the requesting licensee meets the requirements of this chapter for class A licensees, such licensee shall be added to the bottom of the list of qualified class A licensees.
H. Class A licensees shall observe the following practices and procedures when engaged in police impounds:
1. When called by the police department, the tow truck operator will dispatch a tow truck from within the city within five minutes during normal business hours.
2. Tow trucks dispatched at the request of the patrol after normal business hours will be on the move within the city within fifteen minutes after receiving the call.
3. The tow truck that is dispatched will arrive at the stated location within a reasonable time considering distance, traffic and weather conditions.
4. If for any reason a tow operator is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police department stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the police department will contact another tow operator to respond to the scene and will cancel the original tow.
5. A tow operator on rotation who is unable to dispatch or arrive within the times stated in subsections (H)(1), (2), (3) and (4) of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded.
6. Consistent refusal or failure of the class A licensee to respond to calls from the police department for towing services may result in the removal from the list of qualified class A licensees.
7. The tow operator shall advise the police department when the tow company is temporarily unavailable to respond to rotational calls with a class A, B or C tow truck. Unavailability may occur due to conditions such as, but not limited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavailability may last less than an hour or much longer. The tow operator will give the reason for unavailability and approximately when the company will be available to respond to calls.
The tow company will be removed from the rotational list and will not be called until the operator advises the police department that the company is once again able to respond to calls with an A, B or C class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable.
8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an accident, incident or equipment breakdown on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death.
9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated.
10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been specifically requested by the police department, the driver/owner, or his agent.
11. The tow operator shall be available, or will ensure that specific employees are available, twenty-four hours a day for the purpose of receiving calls or arranging for the release of vehicles. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and nonbusiness hours.
12. The tow operator will notify the police department of the release of stored vehicles within five working days after the release of such vehicle.
13. The operator shall post a current copy of tow and storage rates in the following locations:
a. At the entrance to the place of business, in a conspicuous location, plainly visible and readable by members of the public, whether the business is open or closed. If, in order to meet this requirement, the rate sheet must be placed in a location exposed to the elements, it shall be protected so as to remain legible.
b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all times by customers of the business.
c. A copy of the current rates will be sent to the police department. Notice of any change(s) in service rates will be forwarded to the police department ten days before the effective date of the change(s).
d. In the event that an operator has only a class B truck and utilizes it for class A and B type tows, the operator shall file a rate sheet that specifies the rates charged for the different types of tows.
Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used. Example: A class C truck is used, at the operator’s discretion, to tow a class B truck size vehicle. The fees charged shall be those for a class B, not a class C.
14. Charges made for towing services arising from calls initiated by the police department shall be consistent with charges made for similar services performed at the request of the general public.
15. Unless other arrangements are made with commissioned police personnel at the scene, all impounded vehicles shall be taken to the tow operator’s nearest approved storage location within the city.
16. The tow operator will maintain, for three years, records on towed and released vehicles that were towed at the request of the police department. This record will include but is not to be limited to:
a. An itemized receipt of all charges for the services provided;
b. An inventory sheet or copy thereof made out by the police officer at the scene of the tow and signed by the operator;
c. All other records required by the police department.
Such records will be available for inspection by the police department during normal business hours at the operator’s place of business.
17. The tow operator will sign an inventory sheet made out by the police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by RCW 46.55.080(2).
18. Tow operators shall perform towing tasks competently. The standard of competence shall be that quality of work which is accepted as efficient and effective within the towing industry.
19. No tow operator, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage.
20. Tow truck operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles and/or recoveries. Such lighting shall not be used when traveling to or from the scene.
21. Tow truck operators shall be responsible for cleaning accident/incident scenes of all vehicle glass and debris.
22. Specific operating restrictions and/or requirements, by truck class, are as follows:
a. The standard air brake release tools (caging stud assemblies) required to be carried in the class B and C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings.
When an operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle’s brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the preaccident or incident settings.
b. Class B trucks in excess of twenty-three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles.
c. Class D and E and S trucks shall not be used to respond to initial calls unless specifically authorized by police personnel at the scene or by local written policy approved by the chief of police.
d. Class E trucks shall:
i. When used for multiple vehicle towing/recovery (one on bed, one in tow), all invoice charges shall be evenly divided between the vehicles so transported;
ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits;
iii. Be required to carry its portable lights only when used in a towing mode.
23. Whenever a special event or overflow storage lot is approved by the police department the operator shall maintain personnel at the lot twenty-four hours per day for security and vehicle and/or personal property release. If necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the ten-day rate change notice requirement approved by the police department.
At the conclusion of a special event or overflow situation, all vehicles not reclaimed by the owner shall be towed to the operator’s regular storage facility and processed in the normal fashion. No additional fee shall be charged for towing the vehicle from the overflow lot to the regular facility.
24. All work performed by the operator and/or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly.
I. Records kept on Everett police impounds, including all services rendered at the request of the Everett police, shall be available for inspection by the police department during normal business hours. (Ord. 2976-07 § 1, 2007: Ord. 2602-02 § 2, 2002; Ord. 1830-91 § 11, 1991)
5.70.120 Drivers.
All drivers must be a least eighteen years of age, possess a valid Washington operator’s license with the proper class of commercial driver’s license where required, and be able to demonstrate that he/she is covered by the insurance policy of the towing business specified in Section 5.70.040. (Ord. 1830-91 § 12, 1991)
5.70.130 Soliciting business.
It is unlawful for any person to drive or operate a tow truck on any public street or way open to the public for the purpose of solicitation of business, without having been called to the location of an accident, disabled vehicle, or impound by the owner or operator of the vehicle, his authorized agent or the police. (Ord. 1830-91 § 13, 1991)
5.70.140 Fees.
The police chief is authorized to adopt a schedule of maximum fees for towing services requested by the police department or its dispatcher.
A. If there is a contract between a towing business and the city to provide police impounds as defined in this chapter, the schedule of maximum fees shall conform to those fees agreed to by contract.
B. In the absence of a contract between a towing business and the city, the schedule of maximum fees shall conform to, and not be less than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees.
C. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request of the police department or its dispatcher. Charging fees in excess of those specified in the fee schedule, or agreed to by contract, or charging for services not actually rendered, may result in the cancellation of any contract between a towing business and the city or the suspension from the list of class A licensees authorized for police impounds. (Ord. 2976-07 § 2, 2007: Ord. 1830-91 § 14, 1991)
5.70.150 No vested right to do police impounds.
Nothing in this chapter shall proscribe the city from contracting with one or more tow operators for tow services requested by the police and/or providing such towing services with city personnel and equipment. It is the intent of this chapter to establish certain requirements for tow business licensees and those licensees authorized to do police impounds, but not to vest any specific rights to do police impounds or other police-requested towing services. (Ord. 1830-91 § 15, 1991)
5.70.160 Violation—Penalty.
A. Violation—Injunction Action. Any violation of the provisions of this chapter constitutes a public nuisance which the city can abate by an action in Snohomish County superior court. The costs of such action shall be taxed against the violator.
B. Civil Penalty. In addition to or as an alternative to any other penalty provided in this code or by law any person who violates any provision of this chapter shall be subject to a civil penalty in an amount not to exceed two hundred fifty dollars per violation. The penalty assessed may be varied to consider the appropriateness of the penalty to the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in this chapter and in accordance with the rules promulgated under this chapter.
C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 1830-91 § 16, 1991)