Chapter 5.72
TOWING SERVICES

Sections:

5.72.010    Operator defined.

5.72.020    Licenses required--Fees.

5.72.030    License application requirements.

5.72.040    Investigation by chief of police.

5.72.050    Insurance policies required.

5.72.060    Issuance of license by city clerk-treasurer.

5.72.070    Conditions required for issuance of license.

5.72.080    Promulgation of rules and regulations by city clerk-treasurer.

5.72.090    Operator at scene of accident.

5.72.100    Intercepting police calls prohibited.

5.72.110    Gratuity for information prohibited.

5.72.120    Grounds for revocation of license.

5.72.130    Enforcement--Notice of appeal--Hearing.

5.72.140    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

5.72.010 - Operator defined

For the purpose of this chapter a wrecker or towing operator hereinafter referred to as "operator" means any person who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles.

For purposes of this section, "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:

Subject to removal after:

A.    Public locations:

1.    Constituting an accident or a traffic hazard as defined in RCW 46.55.113 Immediately

2.    On a highway and tagged as described in RCW 46.55.085 24 hours

3.    In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 Immediately

B.    Private locations:

1.    On residential property Immediately

2.    On private, nonresidential property, properly posted under RCW 46.55.070 Immediately

3.    On private, nonresidential property, not posted 24 hours

(Ord. 5078 §1, 1990).

5.72.020 - Licenses required –Fees

No operator shall engage in business within the city or offer such service therein without first applying for and obtaining from the city clerk-treasurer a towing operator’s base license, the annual fee for which is fifty dollars, ($50.00) and a tow truck license for each wrecker or towing truck operated by such operator, the annual fee for which is thirty dollars; ($30.00) provided, that the expiration date for all such licenses shall be December 31st of each year.

In addition to the above, an additional twenty-five dollars ($25.00) shall be assessed for any new license issued under this chapter for the first year of such license. This assessment is necessary to defray the administrative costs in reviewing an application and issuing a license.

(Ord. 5621 §1, 1996; Ord. 4753 §10, 1987; Ord. 3368 §2, 1966).

5.72.030 - License application requirements

Applications for licenses issued under this chapter shall be made upon blank forms prepared and made available by the city clerk-treasurer and sworn to by the applicant which shall include:

A.    The name or assumed name under which the applicant is doing business, home address, and proposed business address of the applicant;

B.    The description including the make, model and serial number and company number, if any, of the tow trucks owned or operated by the applicant;

C.    Such other information as the city clerk-treasurer shall reasonably require to effectuate the purpose of this chapter.

(Ord. 3368 §3, 1966).

5.72.040 - Investigation by chief of police

Upon application as provided for in Section 5.72.030, the chief of police at the request of the city clerk-treasurer shall cause an investigation to be made of each applicant and of his tow trucks proposed to be licensed under this chapter for the purpose of determining:

A.    The truth of statements made by the applicant in the application;

B.    Whether tow trucks proposed to be licensed under this chapter are equipped for safe and lawful operation.

(Ord. 3368 §4, 1966).

5.72.050 - Insurance policies required

Every towing operator shall file with the city clerk-treasurer a policy or policies of public liability insurance, approved as to sufficiency by the city clerk-treasurer and as to form by the city attorney, issued by an insurance company or companies authorized to do business in the state, providing indemnity for or protection of the city as well as the owners of vehicles in the care, custody or control of the licensee, against loss, as follows:

A.    A garage keeper’s legal liability policy covering fire, theft, explosion, and collision in the following amounts:

1.    Fire, theft of entire automobile and contents, and explosion with a minimum coverage of ten thousand dollars’ for each hazard;

2.    Collision subject to one hundred dollars deductible with each accident deemed a separate claim.

B.    A public liability policy covering the operation of the licensee’s business, equipment or vehicles for any bodily injury or property damage with a minimum coverage of one hundred thousand dollars for any one person killed or injured in any one accident or occurrence and three hundred thousand dollars for more than one person killed or injured in any one occurrence or accident. Such policy shall also provide ten thousand dollars minimum limit for all damage arising out of injury to or destruction of property.

C.    All such policies must contain an endorsement providing for ten days’ notice to the city clerk-treasurer in the event of any change or cancellation.

(Ord. 3368 §6, 1966).

5.72.060 - Issuance of license by city clerk-treasurer

The city clerk-treasurer may issue a license under this chapter if he finds:

A.    That public liability insurance as required by this chapter has been procured;

B.    That the applicant is qualified to conduct the business;

C.    That the requirements of this chapter have been met.

(Ord. 3368 §5, 1966).

5.72.070 - Conditions required for issuance of license

An operator’s license under this chapter may be issued subject to the following conditions:

A.    The city clerk-treasurer shall prepare and issue to a licensed operator tow truck plates or tags which the operator shall at all times prominently display on each wrecker or other vehicle used for towing purposes as described by the city clerk-treasurer.

B.    Every operator, his agent or employee, after towing a disabled vehicle away shall prepare a bill in duplicate, the original shall be given to the owner of such vehicle or his authorized representative, and the copy retained by the operator at his place of business for a period of six months, and shall be exhibited upon demand of the city clerk-treasurer, the chief of police or their duly authorized representatives. This bill shall contain the following information:

1.    Name, address, and place of business of the operator;

2.    Name and address of person calling for and engaging the tow truck;

3.    State license number and description of disabled vehicle:

4.    The company number of the wrecker or other vehicle used for towing purposes;

5.    Total amount to be charged for towing and storage;

6.    The time and place from which towing commenced and terminated.

C.    No operator, his agent or employee shall go to the scene of a vehicular accident unless called by the owner of a disabled vehicle or his authorized representative or by a police officer.

D.    No operator, his agent or employee shall intercept or monitor police calls by shortwave radio or otherwise for the purpose of responding to the scene of a disabled vehicle.

(Ord. 3368 §8, 1966).

5.72.080 - Promulgation of rules and regulations by city clerk-treasurer

The city clerk-treasurer may make and enforce reasonable rules and regulations consistent with this chapter, including provision for inspection by him or by the chief of police of vehicles used under this chapter.

(Ord. 3368 §7, 1966).

5.72.090 - Operator at scene of accident

It is unlawful for the operator or driver of any wrecker or towing car to go to any place where a vehicular accident has occurred unless called by the owner of a disabled vehicle or his authorized representative or by a police officer. If any wrecker or towing car is called to the scene of a vehicular accident by someone other than a police officer, the operator shall as soon as reasonably practical notify the police department.

(Ord. 3368 §11, 1966).

5.72.100 - Intercepting police calls prohibited

It is unlawful for the operator or driver of any wrecker or towing car to intercept or monitor police calls by shortwave radio or otherwise, for the purpose of going to the scene of a disabled motor vehicle.

(Ord. 3368 §12, 1966).

5.72.110 - Gratuity for information prohibited

It is unlawful for the operator, agent or driver or any wrecker or towing car to offer or pay a gratuity or reward to anyone for furnishing information as to the location of a disabled vehicle, or for anyone to accept or receive such gratuity or reward.

(Ord. 3368 §13, 1966).

5.72.120 - Grounds for revocation of license

The grounds for the revocation of a license issued under this chapter are as follows:

A.    The license was procured by fraudulent conduct or false statement of a material fact, or that a material fact concerning the applicant was not disclosed at the time of his making application.

B.    The licensee, his agent or representative has offered to pay or has paid directly or indirectly a gratuity or reward to any person not a bona fide employee of the operator for furnishing information as to the location of a disabled vehicle.

C.    The licensee has violated any provisions of Section 5.72.070 or any of the rules and regulations as established under Section 5.72.080.

D.    If any employee of the city or any of its departments has any interest, whether as an owner, operator, partner, employee or otherwise, either directly or indirectly, in the business of an operator licensed under this chapter.

(Ord. 4224 §9, 1980; Ord. 3368 §9, 1966).

5.72.130 - Enforcement –Notice of appeal –Hearing

The city clerk-treasurer through the division of licenses and standards of his office shall enforce this chapter with the assistance of the chief of police. If the city clerk-treasurer finds that any licensee has violated or failed to comply with any provision of this chapter, he shall make a written record of such finding, and shall specify therein the particulars and he may revoke or suspend the license for a period to be fixed by him, in which event the license shall be surrendered to the clerk-treasurer and cancelled by him in case of revocation, or returned to the licensee on expiration of the period of suspension; provided, however, such revocation for violation of any of the provisions of this chapter shall not relieve the licensee of the penalties provided in Section 5.72.140. Any licensee whose license is revoked or suspended shall have the right to appeal to the city commission from such revocation or suspension by filing with the city clerk-treasurer a written notice within five days after the entry of the order of revocation or suspension. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal. The city commission shall hear the appeal, or may refer the same to a committee for hearing. At the hearing the licensee shall be entitled to appear in person and offer evidence pertinent to the revocation or suspension; and the city clerk-treasurer shall likewise be entitled to be heard at the hearing and offer evidence in support of his order of revocation or suspension. The city commission shall determine by resolution whether the revocation or suspension shall be sustained, and its action in that respect shall be final and conclusive. From the time of filing the written notice of appeal until the hearing and action by the city commission, the order of the clerk-treasurer of revocation or suspension shall be ineffective.

(Ord. 3368 §10, 1966).

5.72.140 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §18, 2001; Ord. 3368 §14, 1966).