[HISTORY: Adopted by the Council of the City
of Meriden 8-6-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 180.
Abandoned vehicles — See Ch. 198.
Vehicles and traffic — See Ch. 200.
Zoning — See Ch. 213.
STATUTORY REFERENCES
Wreckers — See C.G.S. § 14-66.
This chapter shall be known and may be cited
as the "Tow Truck Ordinance."
[Amended 2-20-1990]
A.
When not inconsistent with the context, words used
in the present tense include the singular number, and words in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
B.
CITY
PERSON
WRECKER
As used in this chapter, the following terms shall
have the meanings indicated:
The City of Meriden.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A motor vehicle equipped for the purpose of removing wrecked,
abandoned, inoperative or disabled vehicles.
[Amended 2-20-1990]
No person shall engage in the business of operating
a wrecker for the purpose of towing or transporting vehicles within
the City or offer such services for police rotation towing without
first obtaining a permit as hereinafter provided from the Chief of
Police.
[Amended 2-20-1990]
A.
Application for permits issued hereunder shall be
made upon forms prepared and made available by the Chief of Police,
and such forms shall include:
(1)
The name, home address, home telephone number, business
address, business telephone number and business name of the applicant.
In addition to the information herein stated, in the event that the
applicant is a corporation or partnership, the names and addresses
of its officers or partners, as the case may be, and the names and
addresses of the person or persons charged with the day-to-day operation
of the business shall be provided. All information required herein
shall be kept up-to-date by the applicant by filing the update with
the Chief of Police.
(2)
The location, number, description and Connecticut
registration number of the tow trucks or flatbed carriers owned or
operated by the applicant.
B.
Additional documents submitted with the application
shall include:
(1)
A copy of the applicant's current approved schedule
of towing rates and storage charges, as required and filed pursuant
to § 14-66 of the Connecticut General Statutes, as amended.
The applicant shall also provide the Chief of Police with all subsequent
approved schedules of rates and charges.
(2)
A notarized agreement by the applicant to protect,
indemnify and save harmless the City of Meriden, its servants, agents
and employees of and from any and all liability or claims of liability,
expense damages, causes of action, suits, claims or judgments on the
part of anyone growing out of any act or omission by any employee
of said applicant in the performance of duties and obligations.
No permit shall be issued to an applicant hereunder
until such applicant shall have deposited with the Chief of Police
evidence of the following insurance:
A.
Garage keeper's policy: a garage keeper's legal liability
policy covering fire, theft and explosion in the amount of $300,000/$300,000.
B.
Garage liability policy: a garage liability policy
covering the operation of the applicant's business, equipment or vehicles
for any bodily injury or property damage in the amount of $300,000/$300,000.
[Amended 9-15-1980]
The amounts of these insurance policies shall
be reviewed by the City Council every three years for their adequacy.
Each insurance policy required herein must contain
an endorsement providing for 30 days' notice to the City in the event
of any material change or cancellation.
[Amended 2-20-1990]
A.
The applicant must be duly licensed by the State of
Connecticut and have complied with all the provisions of § 14-66
of the Connecticut General Statutes, as amended, including but not
limited to being a duly licensed used or new car dealer, repairer
or limited repairer.
C.
The business must provide inside storage space for
a minimum of two vehicles and outside storage for a minimum of five
vehicles.
D.
In the event that the Police Department or the City
of Meriden requests a tower to store towed vehicles, then the City
shall provide adequate storage facilities and police protection for
said towed vehicles.[2]
E.
The business shall be of sufficient operating size
to accept and respond to all calls for municipal towing services,
including but not limited to accidents, abandoned vehicles, parking
violations, street cleaning, snow removal, parking bans and removal
of vehicles illegally parked on private property.
F.
A towing firm on the rotation list shall maintain
a tow truck and tow truck operator on twenty-four-hour call.
G.
The tow truck operator shall have a proper driver's
license.
H.
Unless otherwise specified, no wrecking firm may tow
for another firm that has been called to tow a vehicle.
I.
Each tow truck must be radio dispatched from a base
station of the firm.
J.
Wreckers must have a Federal Communications Commission
licensed two-way radio system, with a minimum of 25 watts, within
six months from issuance of a permit by the Chief of Police, not intended
herein to include a CB. The installation and use of cellular telephone
equipment providing direct two-way communication, in addition to or
in lieu of said radio system, is permitted.
K.
The business must own, maintain and have registered
with the State of Connecticut at least one tow truck, and each truck
shall be registered as a wrecker and have a state highway permit.
Additionally, the tow truck equipment must comply with the following
requirements:
(1)
Light-duty tow truck.
(a)
Shall have the lights and safety equipment as
set forth in § 14-66(b) of the Connecticut General Statutes,
as amended.
(b)
At least one push broom, one shovel, one axe,
one winch bar/crowbar/wrecker bar and dollies shall be carried on
each tow truck.
(c)
Shall have a minimum manufacturer's capacity
of one ton, a boom capacity of not less than four tons, a power winch
pulling capacity of not less than four tons (no electric winches),
100 feet of minimum three-eighths-inch cable and a tow sling, equipped
with a safety chain.
(d)
Appearance of the truck shall be reasonably
good, with equipment painted and the name of the firm lettered on
both sides of the truck.
(2)
Heavy-duty tow truck.
(a)
Shall have the lights and safety equipment as
set forth in § 14-66(b) of the Connecticut General Statutes,
as amended.
(b)
At least one push broom, one shovel, one axe,
one set of bolt cutters capable of cutting a one-half-inch bolt, and
one pinch bar/crowbar/wrecker bar shall be carried on each tow truck.
(c)
Shall have a minimum manufacturer's capacity
of not less than five tons, a boom capacity of not less than 15 tons,
a power winch pulling capacity of not less than 25 tons, 200 feet
of minimum nine-sixteenths-inch cable and air brakes so constructed
so as to lock all wheels automatically upon failure.
(d)
Shall have available storage space to accommodate
a minimum of one tractor-trailer at the place of business.
(e)
Appearance of the truck shall be reasonably
good, with equipment painted and the name of the firm on both sides
of the truck.
(3)
Flatbed carrier in lieu of tow truck. Such flatbed
carrier:
(a)
Must have been manufactured and designed for
the purpose of transporting, by acceptable industry standards, motor
vehicles.
(b)
Must be registered and approved with and through
the Commissioner of Motor Vehicles for the purpose of transporting
motor vehicles.
(c)
Shall meet or exceed those requirements as established
through the Commissioner of Motor Vehicles in the licensing of such
flatbed carrier for the purpose of transporting motor vehicles.
(d)
Shall be maintained in accordance with all applicable
criteria as established by the Commissioner of Motor Vehicles while
used in the commerce of transporting of motor vehicles and § 14-66
of the Connecticut General Statutes, where applicable.
No wrecker or any employee or owner of a garage
or repair shop shall go to the scene of an accident unless dispatched
to the scene by an authorized member of the Meriden Police Department
or unless requested by the owner or operator of the damaged vehicle.
It shall be unlawful for any wrecker to go to
the scene of an accident with the intent to solicit repair or tow
jobs.
Failure to respond to the scene of an accident
within 20 minutes after being dispatched by the Police Department
will be deemed an unreasonable delay, and a second wrecker will be
dispatched from the rotation list. The wrecker failing to respond
in the given time will be charged with a passed call.
Wrecker firms which fail to respond to a call
for services from the Police Department three times in a three-month
period within a calendar year shall be suspended or removed from the
wrecker rotation list. For the first offense suspension shall be 30
days; for the second offense, 90 days; and for the third offense,
permanent removal from the rotation list roster. Each offense shall
be removed from the record upon expiration of two years from the date
of said offense.
[Amended 9-15-1980]
The owner of a wrecker firm may ask for a hearing
before the City Council to answer any charges of violations that are
being brought against his/her firm or employees.
The overall responsibility for the safety of
persons and property at the scene of an accident shall rest with the
investigating officer. The following will apply if any wrecker operators
violate any of the policy and procedure as stated in this order: the
officer at the scene shall forward a written report of the wrecker's
conduct and violation to his/her shift commander; the shift commander
will forward this report to the Captain of Operation, who will forward
the same to the Chief of Police for evaluation and record keeping.
It shall be the duty of shift commander to see that this policy and
procedure is followed.
A.
A wrecker rotation list shall be maintained in the
dispatcher's room, with participating wrecker firms kept up-to-date
and logged as to when wrecker firms are called. The wrecker rotation
list and record of wrecker offenses shall be available for inspection
at all reasonable hours to any citizen.
B.
When, in the opinion of the officer detailed to investigate
an accident or any other official of the Police Department, a vehicle
is to be impounded, the police shall put this in writing and provide
the wrecker with the written request to impound the particular vehicle.
Further, the Police Department shall provide rules and regulations
as to how a procedure to impound a vehicle is to be governed.
