Chapter 11.37
TOW TRUCK BUSINESSES USED
BY THE CITY
Sections:
11.37.010 Purpose of provisions.
11.37.030 List of qualified tow truck operators.
11.37.050 Practices and procedures.
11.37.055 Suspension by Washington State Patrol.
11.37.010 Purpose of provisions.
The purpose of this chapter is to provide for impartial referral of city business to tow truck operators who are best qualified to serve the interests of persons within the city limits and to provide for regulations relating to impound and storage facilities for tow truck businesses whether qualified for referral of city business or not. This chapter supplements the regulation of tow truck operators by the Washington State Department of Licensing and the Washington State Patrol pursuant to Chapter 46.55 RCW. Any inconsistencies between state regulations and this chapter shall be resolved in favor of the state regulations. (Ord 2147 § 1, 1997; Ord. 1776, 1990).
11.37.020 Definitions.
(1) “Police department” means the city of Marysville Police Department, and any of its uniformed officers, including on-duty reserve officers.
(2) “Tow truck” means a motor vehicle which is equipped for and used in the business of towing vehicles with equipment as approved by the Washington State Patrol.
(3) “Tow truck business” means the transporting upon public streets and highways of the city of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(4) “Tow truck operator” means any person who engages in the impounding, transporting or storage of unauthorized, or the disposal of, abandoned vehicles. (Ord. 1776, 1990).
11.37.030 List of qualified tow truck operators.
(1) The police department shall establish and maintain a list of tow truck operators who meet the qualifications of this chapter and who are willing to accept police impounds and police referrals subject to the conditions of this chapter.
(2) Whenever police officers are called upon to impound a vehicle or refer a vehicle owner to a tow truck operator, the officers shall use the police department list of qualified tow truck operators referred to herein. The officers shall impartially rotate through all operators on the list and shall attempt to provide an equal amount of business to all such operators; provided, that nothing herein shall be construed as granting any tow truck operator a vested right to do police impounds or other police-related towing services.
(3) Nothing herein shall preclude any vehicle owner from requesting services from a tow truck operator of such owner’s choice, unless, in the opinion of the police department, the accommodation of such request would result in undue delay or the maintenance of a hazardous situation or condition.
(4) The list of qualified tow truck operators shall be reviewed by the police department at least annually to determine if the operators are still in compliance with the requirements of this chapter. A willful violation of any of the requirements of this chapter shall be cause for the police chief to suspend a tow truck operator from the list. Written notice of such suspension, and the terms thereof, shall be immediately sent to the tow truck operator. If any tow truck operator suffers three or more suspensions, the police chief may permanently remove such operator from the list. A suspension or removal from the list is subject to appeal as provided in MMC 11.37.060. (Ord. 1776, 1990).
11.37.040 Qualifications.
In order to qualify, and to maintain qualification, for the police department’s list or to conduct any business within the city limits, a tow truck business must comply with or satisfy the following requirements:
(1) The tow truck business must hold a current business license from the city of Marysville. Provided, tow truck businesses located outside of the Marysville city limits while towing vehicles at the request of the owner of said vehicle into, out of or within the city of Marysville shall not be required to have a Marysville business license.
(2) The tow truck operator must have a current registration with the Department of Licensing.
(3) The tow truck business must have a registered office address within the city limits of the city of Marysville.
(4) The tow truck business must maintain a secure storage/redemption yard within the city limits of the city of Marysville. Such storage/redemption yard shall comply with the Department of Licensing requirements for registered disposers (WAC 308-61-110). All vehicles impounded within the city of Marysville must be taken to said yard unless otherwise requested by the vehicle owner. Repeated losses or thefts of property from stored vehicles may result in suspension or removal of the tow truck operator from the police department’s list.
(5) The tow truck business must have at least two tow trucks available for Marysville business; provided, that any tow truck business which otherwise qualified under this chapter on May 1, 1990, shall have a period of one year thereafter to acquire a second tow truck. Such tow trucks shall have a minimum manufacturer’s gross weight of 18,000 pounds and shall be equipped with dual tires on the rear axle or duplex-type tires, sometimes referred to as “super single,” with a load rating that is comparable to the dual-tire rating. Tow trucks shall meet all regulations of the Department of Licensing; provided, however, tow truck businesses that do not wish to qualify for the police department’s list but otherwise wish to conduct tow truck business within the city limits shall not be required to have at least two tow trucks available for Marysville business; provided, further, tow truck business who tow vehicles at the request of the owner of said vehicle shall not be required to comply with subsections (3), (4) and (5) of this section. (Ord. 2320 § 1, 2000; Ord. 2147 § 2, 1997; Ord. 1776, 1990).
11.37.050 Practices and procedures.
In order to continue its qualified status on the police department’s list, a tow truck operator shall comply with the following practices and procedures with respect to all business obtained through police department calls or referrals:
(1) The tow truck operator must consistently abide by the fee schedule filed with the Department of Licensing and there shall be no supplemental fees or additional charges which do not appear on the schedule.
(2) The response time between the initial telephone call from the police department to a tow truck operator and the arrival of the tow truck at the location of a vehicle within the city shall not exceed 30 minutes. If for any reason a tow truck operator is unable, or fails, to respond within such time limits, it may forfeit its turn on the rotation list and the police department may contact another tow truck operator. Consistent refusal or failure to respond to calls from the police department may result in suspension or removal from the list.
(3) A tow truck operator shall advise the police department when it receives a private call for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other such incident on a public roadway, or when an accident or incident on private property has resulted in bodily injury or death.
(4) A tow truck operator will notify the police department before moving any vehicle involved in an accident or incident on a public highway, 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.
(5) When the police department is in charge of an accident scene or other such incident, a tow truck operator shall not respond to such scene unless its services have been specifically requested by the police department or by the driver/owner or his agent.
(6) The tow truck operator shall be available 24 hours a day for the purpose of receiving calls and releasing vehicles.
(7) The tow truck operator shall notify the police department of the release of impounded vehicles within 24 hours after the release of such vehicles. Notification to the police department will be made in such manner as is prescribed by the chief of police.
(8) The interiors of the tow trucks will be reasonably clean.
(9) Tow truck drivers will clean accident/incident scenes of all glass and debris.
(10) All equipment used in conjunction with a tow truck must be in compliance with the manufacturer’s basic boom rating.
(11) The tow truck operator shall be in good standing with the Washington State Patrol. (Ord. 3050 § 1 (Exh. A), 2017; Ord. 2771 § 1, 2009; Ord. 1776, 1990).
11.37.055 Suspension by Washington State Patrol.
(1) A tow truck operator suspended by the Washington State Patrol is not qualified to operate in the city during the period of suspension. There is no right to appeal a suspension by the Washington State Patrol to the police chief under this chapter.
(2) A tow truck operator suspended by the Washington State Patrol must notify the city of the suspension by delivering a copy of the suspension to the police chief or his or her designee within 24 hours of the suspension taking effect. A tow truck operator that fails to comply with this subsection may be suspended by the police chief for up to 10 days. Such suspension will be in addition to the period of nonqualification that results from the Washington State Patrol’s suspension. The police chief’s determination to suspend a tow truck operator under this subsection may be appealed as provided in this chapter. (Ord. 3050 § 1 (Exh. A), 2017).
11.37.060 Appeals.
If the police chief suspends or removes a tow truck operator from the city’s list, as provided in this chapter, written notice of the same shall be immediately sent to the tow truck operator. The suspension or removal shall not be effective for a period of 10 days following the date thereof. If within the 10-day period, the tow truck operator files a written appeal with the city clerk, the effectiveness of the order of suspension or removal shall be stayed until the city land use hearing examiner holds a hearing on the appeal. The tow truck operator shall be given notice of the hearing date. The city land use hearing examiner may affirm, modify or reverse an order of suspension or removal. The decision of the city land use hearing examiner shall be immediately effective and shall be final. (Ord. 2615 § 2, 2006; Ord. 1776, 1990).