Chapter 8.16 ABANDONED, UNAUTHORIZED AND JUNK VEHICLES AND TOW TRUCK OPERATORS

A. “Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for 96 consecutive hours.

B. “Abandoned vehicle report” means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.

C. “Impound” means to take and hold a vehicle in legal custody. There are two types of impounds: public and private.

1. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.

2. “Private impound” means that 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.

D. “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting all the following requirements:

1. Is three years old or older;

2. Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;

3. Is apparently inoperable;

4. Is without a valid, current registration plate;

5. Has an approximate fair market value equal only to the approximate value of the scrap in it.

E. “Master log” means the document or an electronic facsimile prescribed by the department and the Washington State Patrol in which the operator records transactions involving impounded vehicles.

F. “Registered tow truck operator” or “operator” means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.

G. “Residential property” means property that has no more than four living units located on it.

H. “Tow truck” means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the State Patrol.

I. “Tow truck number” means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.

J. “Tow truck permit” means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.

K. “Tow truck service” means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.

L. “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:

1. Public locations:

a. Constituting an accident or a traffic hazard as defined in RCW 46.55.113, subject to removal immediately;

b. On a highway and tagged as described in RCW 46.55.085, subject to removal within 24 hours;

c. In a publicly owned or controlled parking facility, properly posed under RCW 46.55.070, subject to removal immediately.

2. Private locations:

a. On residential property, subject to removal immediately;

b. On private, nonresidential property posted under RCW 46.55.070, subject to removal immediately;

c. On private, nonresidential property, not posted, subject to removal after 24 hours. (Ord. 862 § 1, 1986; Ord. 856 § 1, 1986; Ord. 1156 § 1, 1993).

8.16.020 Registration required.

A person shall not engage in or offer to engage in the activities of a registered tow truck operator without a current registration certificate from the Washington Department of Licensing authorizing him to engage in such activities. Any person engaging in or offering to engage in the activities of a registered tow truck operator, without the required registration certificate, is guilty of a gross misdemeanor. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1156 § 2, 1993).

8.16.030 Prohibited acts – Penalty.

A. No registered tow truck operator may:

1. Except as authorized under RCW 46.55.037, ask for or receive any compensation, gratuity, reward, or promise thereof from a person having control or possession of private property or from an agent of the person authorized to sign an impound authorization, for or on account of the impounding of a vehicle;

2. Be beneficially interested in a contract, agreement, or understanding that may be made by or between a person having control or possession of private property and an agent of the person authorized to sign an impound authorization;

3. Have a financial, equitable, or ownership interest in a firm, partnership, association, or corporation whose functions include acting as an agent or a representative of a property owner for the purpose of signing impound authorizations.

B. This section does not prohibit the registered tow truck operator from collecting the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing of an impounded vehicle as provided by RCW 46.55.120.

C. A violation of this section is a gross misdemeanor. (Ord. 1156 § 3, 1993).

8.16.040 Permit required – Inspections of equipment and facilities.

A. A registered operator shall apply for and keep current a tow truck permit for tow truck of which the operator is the registered owner. Application for a tow truck permit shall be accompanied by a report from the Washington State Patrol covering a physical inspection of each tow truck capable of being used by the applicant.

B. Upon receipt of the fee provided in RCW 46.55.030(4) and a satisfactory inspection report from the State Patrol, the department shall issue each tow truck an annual tow truck permit or decal. The class of the tow truck, determined according to RCW 46.55.050, shall be stamped on the permit or decal. The permit or decal shall be displayed on the passenger side of the truck’s front windshield.

C. A tow truck number from the department shall be affixed in a permanent manner to each tow truck.

D. The Washington State Patrol shall conduct annual inspections of tow truck operators’ equipment and facilities during the operators’ normal business hours. Unscheduled inspections may be conducted without notice at the operator’s place of business by an inspector to determine the fitness of a tow truck or facilities. At the time of the inspection, the operator shall provide a paper copy of the master log referred to in RCW 46.55.080.

E. If at the time of the annual or subsequent inspections the equipment does not meet the requirements of this chapter, and the deficiency is a safety related deficiency, or the equipment is necessary to the truck’s performance, the inspector shall cause the registered tow truck operator to remove that equipment from service as a tow truck until such time as the equipment has been satisfactorily repaired. A red tag shall be placed on the windshield of a tow truck taken out of service, and the tow truck shall not provide tow truck service until the Washington State Patrol recertifies the truck and removes the tag. (Ord. 1156 § 4, 1993).

8.16.050 Business location – Requirements.

A. The address that the tow truck operator lists on his or her application shall be the business location of the firm where its files are kept. Each separate business location requires a separate registration under this chapter. The application shall also list all locations of secure areas for vehicle storage and redemption.

B. Before an additional lot may be used for vehicle storage, it must be inspected and approved by the State Patrol. The lot must also be inspected and approved on an annual basis for continued use.

C. Each business location must have a sign displaying the firm’s name that is readable from the street.

D. At the business locations listed where vehicles may be redeemed, the registered operator shall post in a conspicuous and accessible location:

1. All pertinent licenses and permits to operate as a registered tow truck operator;

2. The current towing and storage charges itemized on a form approved by the Washington Department of Licensing;

3. The vehicle redemption procedure and rights;

4. Information supplied by the Washington Department of Licensing as to where complaints regarding either equipment or service are to be directed;

5. Information concerning the acceptance of commercially reasonable tender as defined in RCW 46.55.120(1)(b).

E. The Washington Department of Licensing shall adopt rules concerning fencing and security requirements of storage areas, which may provide for modifications or exemptions where needed to achieve compliance with local zoning laws.

F. On any day when the registered tow truck operator holds the towing services open for business, the business office shall remain open with personnel present who are able to release impounded vehicles in accordance with this chapter and the rules adopted under it. The normal business hours of a towing service shall be from 8:00 a.m. to 5:00 p.m. on weekdays, excluding Saturdays, Sundays and holidays.

G. A registered tow truck operator shall maintain personnel who can be contacted 24 hours a day to release impounded vehicles within a reasonable time.

H. A registered operator shall provide access to a telephone for any person redeeming a vehicle, at the time of redemption. (Ord. 1802 § 5, 2012; Ord. 1156 § 5, 1993).

8.16.060 Posting requirements – Exception.

A. No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than 24 hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:

1. The times a vehicle may be impounded as an unauthorized vehicle; and

2. The name, telephone number, and address of the towing firm where the vehicle may be redeemed.

B. The requirements of subsection (A) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization. (Ord. 1156 § 6, 1993).

8.16.070 Removal by police officer, when.

A police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

A. When a vehicle is obstructing traffic on any public street or alley and the person in charge of the vehicle is unable or refuses to remove it or provide for its immediate removal;

B. Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

C. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable, or too intoxicated, to decide upon steps to be taken to protect his or her property;

D. Whenever the driver of a vehicle is arrested and taken into custody by a police officer, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property;

E. Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

F. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property.

Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator. (Ord. 1808 § 6, 2012; Ord. 1156 § 7, 1993).

8.16.080 Unlawful places for keeping.

A. It is unlawful for any person, firm or corporation, to place or keep an abandoned, wrecked, dismantled or inoperative vehicle or automobile hulk or part thereof upon any public street, highway or alley within the city, or upon private property without the consent of the owner of such private property.

B. It is unlawful for any person, firm or corporation, to place or keep any motor vehicle, whether operative or inoperative, upon any public property within the city not intended to be used for parking, storage, or other use by motor vehicles. (Ord. 1156 § 8, 1993).

8.16.090 Prima facie presumption of responsibility.

The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for abandonment and thus liable for any costs incurred in the removing, storing and disposing of such vehicle or automobile hulk. A registered owner who has complied with the requirements of RCW 46.12.650 and 46.12.655 shall be relieved of liability, both civil and criminal, under this section. (Ord. 1808 § 7, 2012; Ord. 1156 § 9, 1993).

8.16.100 Tow truck operators – Conditions required.

It shall be unlawful for any tow truck operator with intentions of serving the city of Fife police department to serve the city of Fife police department without first meeting the requirements set forth in Chapters 46.37 and 46.55 RCW and this chapter. (Ord. 1156 § 10, 1993).

8.16.110 Business and storage facilities.

All tow truck operators used by the city of Fife police department shall be located within, and have storage areas within, the corporate city limits of Fife. Such storage areas shall have the facilities to accommodate all vehicles impounded hereunder and to protect such vehicles. An attendant shall be on duty or readily available for duty in such storage area 24 hours a day. All streets and public places adjacent to the storage areas shall be kept clear of any vehicles impounded or stored by the tow truck operator at all times.

A. All storage facilities shall be kept surfaced, graded, drained, lighted, and free of obstacles and hazards in a manner satisfactory to the city of Fife at all times, so that persons redeeming impounded vehicles have safe and convenient access to the vehicles. The tow truck operator shall provide adequate security at its storage facility to prevent loss or damage to impounded vehicles or their contents. All such storage facilities shall be screened and fenced in accordance with the city of Fife zoning code at all times, gates will be securely locked at all times when an attendant is not on duty on the premises, and all vehicles will be locked, if possible. The tow truck operator shall keep all such storage facilities in compliance with all city of Fife building and zoning codes at all times.

B. All tow truck operators shall provide at their storage facility adequate shelter for motorcycles, open convertibles, or other vehicles open and exposed to inclement weather, and will store such vehicles under the shelter when reasonably necessary to protect such vehicles.

C. All tow truck operators shall provide at their storage facilities sufficient floor space for inside storage for all vehicles which the city of Fife police department has ordered to be held for investigative, evidentiary, or other purposes.

D. Vehicles upon which police holds have been placed may be released to the registered owner only after the tow truck operator has received written authority for such release from the city of Fife police department. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1156 § 11, 1993).

8.16.120 Required equipment.

All tow truck operators serving the city of Fife police department may use an assortment of tow truck classes (Class A through Class E). All tow trucks used by tow truck operators shall comply with the provisions as outlined in WAC 204-91A-170 and Chapter 46.37 RCW. Classification of tow trucks will be as follows:

A. Class “A” Tow Trucks. Tow trucks that are capable of towing and recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. Class “A” tow trucks shall:

1. Comply with legal lighting, equipment, and license requirements;

2. Have department of licensing registration and truck numbers painted or permanently affixed to both sides of truck;

3. Have a revolving/intermittent red light with 360-degree visibility. May also be equipped with flashing amber and/or white lights which may be used in conjunction with the red lamp(s);

4. Have a broom, minimum 12 inches wide, handle four feet in length;

5. Have a scoop type shovel, minimum seven inches wide, overall length minimum three feet;

6. Be maintained in a reasonably clean condition;

7. Have all equipment commensurate with total ton rating of booms;

8. Have firm name, city of address, and phone number permanently affixed to both sides of the vehicle;

9. Have two pinch bars or equivalent devices; one tapered, one flattened; one three feet and one four feet, with a minimum diameter of three-quarters of an inch;

10. Have a two-way radio or mobile or mobile telephone system capable of communicating with a working base station. A citizen band radio does not suffice. A mobile telephone system is acceptable if:

a. The equipment is of a recognized and established manufacturer and is properly installed;

b. The equipment is in proper working order and functions correctly;

c. The equipment does not utilize the truck horn or a siren or other sound device to signal incoming calls;

d. The equipment is used in a correct and lawful manner.

11. Have a 20 BC-rated fire extinguisher or equivalent;

12. Have a portable tail, stop, and turn signal lights for vehicle being towed;

13. Have a minimum of two snatch blocks;

14. Have a tow sling or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered;

15. Have a portable dolly or its equivalent for hauling vehicles that are not otherwise towable;

16. Have 10,000 pounds minimum manufacturer’s gross vehicle weight rating or equivalent;

17. Have dual tires on the rear axle or duplex type tires, referred to as “super single” with load rating that is comparable to dual tire rating;

18. Have a minimum of 100 feet of three-eighths inch continuous length cable or its equivalent, measured from the point of attachment to drum and hook, in safe working condition on each drum:

a. Each cable shall be capable of being fully extended from and fully wound onto its drum;

b. All cables and/or wire ropes shall be in good working order and shall have:

i. No more than six randomly distributed broken wires in one rope lay, or more than three broken wires in one strand in one rope lay;

ii. No evidence of heat damage from any cause;

iii. End attachments that are not cracked, deformed, worn, or loosened.

c. Cable end connections shall be swaged or, if clamped, shall have a minimum of three clamps spaced a minimum of six rope diameters apart attached with the base or saddle of the clamp against the longer or “live” end of the cable. The “U” bolt will be placed over the short or “dead” end of the rope and will be of the proper size for the cable being clamped;

19. Have a minimum of six-ton boom rating with single or dual boom. Dual winches to control a minimum of two service drums.

B. Class “B” Tow Trucks. Tow trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes, or equivalent vehicles. Class “B” tow trucks shall meet the requirements of subsection (A)(1) through (15) of this section, and in addition shall have:

1. Seventeen thousand pounds minimum manufacturer’s gross vehicle rating or equivalent;

2. Minimum 10-ton boom rating, single or dual booms, with two independent winches and drums;

3. A minimum of 150 feet of seven-sixteenths inch cable on each drum, measured from points of attachment. All cable shall be in safe operating condition as described for Class “A” trucks;

4. Minimum of four standard release tools (caging stud assemblies).

C. Class “C” Tow Trucks. Tow trucks that are capable of towing and/or recovery of large trucks, trailers, buses, motor homes, or similar vehicles. Class “C” tow trucks shall meet the requirements of subsection (A)(1) through (14) of this section and in addition shall have:

1. Tandem rear axle truck chassis (both drive axles);

2. Twenty-five-ton minimum single or dual boom and winch rating;

3. One hundred fifty feet of minimum nine-sixteenths inch cable on each drum measured from points of attachment. All cable shall be in safe operating condition as described in Class “A”;

4. Air brakes and system capable of supplying air to towed vehicle;

5. Minimum of four standard release tools (caging stud assemblies);

6. Four thousand pounds minimum manufacturer’s gross vehicle weight rating or equivalent.

D. Class “D” Tow Trucks. Tow trucks that are equipped for and primarily used as “wheel lift” trucks. Class “D” tow trucks must meet the requirement of subsection (A)(1) through (18) of this section and, in addition, shall have:

1. A minimum 3,000 pound manufacturer’s life rated and minimum 7,000 pound tow rated wheel lift assembly;

2. One winch and drum with 100 feet of three-eighths inch cable meeting Class “A” requirements.

E. Class “E” Tow Trucks. Tow trucks that are primarily designed and intended to transport other vehicles by loading the vehicle entirely onto the truck. These trucks may be of a flatbed, “slide back” or “tilt bed”, design or may be a “rail” type truck. Class “E” trucks must meet the requirements of subsection (A)(1) through (12) of this section, and in addition shall have:

1. Two securing devices with a minimum breaking strength of 15,000 pounds. The devices must be chain, nylon strap, or steel strap. The tie downs shall be passed over the axle or frame member (one in front and one in rear) of the transported vehicle. Both ends shall be attached to the truck bed or rail in a manner that will prevent movement of the transported vehicle. Factory style “T” hook tie-downs may also be used (front and rear).

2. One snatch block.

3. Dual tires on rear axles. (Note: All tires must be of sufficient size to meet the requirements of RCW 46.44.042 under all loading conditions.)

4. If used in a towing mode (as opposed to carrying), a sling, tow bar, and/or wheel lift assembly as appropriate for gross vehicle weight of the towed vehicle.

5. In addition, minimum requirements include:

a. Gross vehicle weight rating of 14,500 pounds;

b. Purchased tonnage of 14,500 pounds;

c. Winch rating of 8,000 pounds;

d. Cable shall be 50 feet three-eighths by 19 Hemp Center, I.P.S. work limit 3,500 pounds with 5-1 safe working load;

e. Cable hook connections shall be rated for a minimum of 6,000 pounds;

f. Car carrier bed shall be a minimum of 17 feet;

g. Body load rating (bed) shall be for a minimum of 8,000 pounds;

h. Tow bar load rating shall be 2,000 pounds. (Ord. 1156 § 12, 1993).

8.16.130 Tow truck operator response.

All tow truck operators used by the city of Fife police department shall have the ability to immediately dispatch a tow truck to a specified location upon receiving a call to do so by the city of Fife police department. The tow truck operator shall be expected to make reasonable efforts to arrive at the location to which directed as quickly as is safely possible. It is required that the tow truck operator should arrive at specified locations within 15 minutes of transmission of a request for services. Continued failure, in the judgment of the city of Fife police department, to arrive at a specified location within the specified time shall be grounds for termination of services from the tow truck operator. In the event that the tow truck operator does not arrive at the scene in a given case within the required time, the city of Fife police department then may terminate its request for service and select a towing company of its own choosing to perform whatever services may be necessary for such occurrence. In such event, the tow truck operator shall not be reimbursed for its response to the time of termination of order for service. (Ord. 1156 § 13, 1993).

8.16.140 Dispatch office/center.

All tow truck operators serving the city of Fife police department shall provide a staffed dispatch office/center 24 hours per day, seven days per week, which will be capable of receiving requests for vehicle impounds or redemptions and dispatching personnel and equipment. (Ord. 1156 § 14, 1993).

8.16.150 Authority for public impound.

All tow truck operators shall remove only those vehicles designated by a duly authorized law enforcement officer of the city of Fife. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1156 § 15, 1993).

8.16.160 Procedures – Tows ordered by city of Fife police department.

The city of Fife police department shall request services from a qualified tow truck operator on a rotation basis. A qualified tow truck operator is one that meets all the requirements under Chapters 46.37 and 46.55 RCW, and this chapter.

A. Tow truck services will be requested by rotation using the valid city of Fife business license of the qualified tow truck operator. If a tow company has more than one tow truck operator’s license, each operator’s license will be listed for rotation.

Example:

Tow Company A has four tow truck operator’s/business licenses.

Tow Company B has three tow truck operator’s/business licenses.

Tow Company C has two tow truck operator’s/business licenses.

Therefore, nine tow truck operators will be listed for rotation:

1. Company A-1

2. Company B-1

3. Company C-1

4. Company A-2

5. Company B-2

6. Company C-2

7. Company A-3

8. Company B-3

9. Company A-4

B. In addition, tow truck services will be requested according to the tow truck operator’s ability of performing the task requested.

Example: If tow truck operator B-2 does not have the ability to tow or remove a particular large vehicle, the request for services will rotate to the next tow truck operator. In this case, the tow truck operator requested will be C-2. If tow truck operator C-2 cannot perform the task, tow truck operator A-3 will be requested, and so on. (Ord. 1156 § 16, 1993).

8.16.170 Procedures – Tows requested by driver/owner.

Citizen drivers or owners will be invited to utilize a private tow truck operator to move a vehicle in the following circumstances and under the following conditions:

A. At the scene of a disabled vehicle on a public right-of-way where the driver or owner is able and willing to select a tow operator to remove and where, in the judgment of the law enforcement officer at the scene, the circumstances do not require immediate removal by the city.

B. At the scene of an accident or other occurrence which leaves a vehicle in the public way, which vehicle cannot be legally or safely moved by its driver or owner, and where the owner or someone authorized to act on the owner’s behalf is able and willing to select a tow truck operator to remove it.

C. A tow truck operator that is requested by a citizen driver/owner must have the ability to respond to the scene within 15 minutes of the request for service.

D. In all cases, especially those that will endanger public health or safety, the decision to tow and in what manner to tow shall be that of the law enforcement officer at the scene. (Ord. 1156 § 17, 1993).

8.16.180 Fees – Police impound, storage and after hours release.

All registered tow truck operators on Fife police department rotation shall abide by the current contract they have on file with the Washington State Patrol. Said contract will be conspicuously posted at tow truck operator’s place of business pursuant to RCW 46.55.060(4)(b) and 46.55.063. (Ord. 1802 § 6, 2012; Ord. 1156 § 18, 1993).

8.16.190 Notice to legal and registered owners.

Repealed by Ord. 1156.

8.16.200 Redemption of vehicles – Sale of unredeemed vehicles.

Repealed by Ord. 1156.

8.16.210 Operators’ lien, deficiency claim, liability.

Repealed by Ord. 1156.

8.16.220 Junk vehicles – Certification, notification, removal, sale.

Repealed by Ord. 1156.

8.16.230 Penalty.

Repealed by Ord. 1156.