[R.O. 2011 § 645.170; R.O. 2009 § 120.40; CC 1981 § 28-61; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-6-1984]
This Article shall be known and cited as the "Tow Truck Code."
[R.O. 2011 § 645.180; R.O. 2009 § 120.41; CC 1981 § 28-62; Ord. No. 81-99, 12-10-1981; Ord. No. 82-40, 5-19-1982; Ord. No. 84-130, 11-7-1984]
For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Operating a tow truck on a public highway at a slow rate of speed or in any other fashion for the purpose of soliciting business along the highway.
The Director of Finance for the City.
Any highway, road, street or alley open to the use of the public for the purpose of vehicular traffic.
All acts and functions incident to the movement of a tow truck from place to place; as well as all acts involved in the undertaking of a tow, whether for hire or for personal or business use by the owner of the tow truck; and the conducting of a business engaged in the operation of a tow truck.
Any person who holds legal title to a vehicle or one who has the legal right to possession thereof.
Any individual, co-partnership, firm, association, company or combination of individuals of whatever form or character.
A radio receiver which is capable of operating on a frequency assigned by the Federal Communications Commission for fire, police, municipal or other governmental uses.
Requesting or attempting to sway an owner, his/her lawful agent or representative to give permission to a tow truck to remove, repair or store a vehicle for monetary consideration without a previous request from the owner, his/her lawful agent or representative.
A mechanically propelled vehicle equipped with a device used to hoist and tow, transport, convey or move other vehicles from place to place upon authorization of the owner, his/her lawful agent or representative.
Every device, whether mechanically propelled or drawn, in or by which any person or property is or may be moved upon a public highway, except devices moved only by human or animal power or a device which works exclusively upon stationary rails or tracks and shall include trailers and semi-trailers.
[R.O. 2011 § 645.190; R.O. 2009 § 120.42; CC 1981 § 28-63; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-6-1984]
A.
It shall be unlawful for any person to operate a tow truck within the City unless that person shall first obtain a license from the Director of Finance for the tow truck or unless the person shall be exempt by reason of one (1) or more of the exemptions enumerated herein. Application for a license shall be made on a form furnished by the Chief of Police and any license issued shall be affixed to the lower left corner of the windshield of the tow truck for which the license is obtained.
B.
No license shall be required of any person operating a tow truck in the City from a location or place of business not in the City, when such tow truck has affixed to its windshield a license obtained from any County or City pursuant to an ordinance of the County or City, which ordinance is similar in context to this Article. The aforementioned license must be valid for the current year and the licensee must comply with all requirements of such ordinance.
[R.O. 2011 § 645.200; R.O. 2009 § 120.43; CC 1981 § 28-64; Ord. No. 81-99, 12-10-1981; Ord. No. 82-40, 5-19-1982; Ord. No. 84-130, 11-7-1984]
A.
The application for the license shall contain the following:
1.
Name and address of the applicant; if a natural person, the date and place of birth and Missouri State operator's license number;
2.
If a corporation, the State under which incorporated, the date of incorporation, the address of the principal office and the names and addresses of its officers;
3.
If any other type of organization, the name thereof, the location of its office and the names and addresses of the principal officers, directors, trustees or managing officials or partners;
4.
The place from which the tow truck will operate and the number of the vehicles to be operated;
5.
A description of each tow truck giving also the serial and motor number;
6.
There shall be annexed to the application an affidavit to be sworn to by the applicant;
7.
The names and addresses of all persons who will be directly involved in the operation of a tow truck under the license.
[R.O. 2011 § 645.210; R.O. 2009 § 120.44; CC 1981 § 28-65; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
Each application for tow truck license shall be referred by the Director of Finance to the Chief of Police who shall investigate the character and fitness of the proposed applicant as well as any other persons listed as having an interest in the proposed license. The Chief of Police shall within sixty (60) days file written reports concerning the applicant with the Director of Finance and further containing the Chief's recommendation for issuance or denial of the license.
B.
Such license shall be issued by the Director of Finance unless he/she finds one (1) or more of the following:
1.
Intentional misstatements or misleading statements of fact in the application.
2.
Any parties interested in the proposed operation of a tow truck in the City, having been convicted of any violation of any Statute, law or ordinance involving theft, possession of stolen property or interstate transportation of stolen vehicles or who have previously had a business license suspended or revoked, provided that if the Director shall find the conduct of such party or parties subsequent to the aforesaid convictions, suspension or revocation has been such as to indicate fitness to operate a tow truck and that permitting such applicant to conduct such an operation would not be contrary to the public interest, he/she may issue the license.
3.
Failure to pay the required application fee.
C.
Each applicant shall be notified by mail or hand delivery of the issuance or non-issuance of a license by the Director of Finance.
D.
If the Director of Finance does not issue a license, the reasons for his/her not doing so shall be in writing and shall accompany the notice of non-issuance.
[R.O. 2011 § 645.220; R.O. 2009 § 120.45; CC 1981 § 28-66; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
The fee for the issuance of a license under this Article shall be the amount stated in Section 150.030 for each tow truck, the fee to accompany the license application. No part of the fee shall be returnable.
[Ord. No. 22-168, 12-20-2022]
B.
The term of the license shall be for the calendar year and may be renewed as provided herein for succeeding calendar years. If license is obtained for a period other than a calendar year, the license fee shall be prorated to the beginning of the next year.
[R.O. 2011 § 645.230; R.O. 2009 § 120.46; CC 1981 § 28-67; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
Within thirty (30) days of the expiration of the license, a licensee may apply to the Director of Finance for a renewal thereof.
B.
The licensee shall indicate any changes from the information furnished to the Director of Finance at the time of the original application.
C.
An application for renewal shall be accompanied by a renewal application fee of twenty-five dollars ($25.00), no part of which shall be returnable.
D.
The Director of Finance shall renew the license if he/she shall find that the operation shall have been conducted in accordance with all applicable laws and ordinances.
E.
If the Director of Finance does not renew the license, the procedures set forth in Section 645.240(B) shall be followed.
[R.O. 2011 § 645.240; R.O. 2009 § 120.47; CC 1981 § 28-68; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
The Chief of Police may suspend for a period up to ninety (90) days or revoke a license heretofore issued, if he/she finds one (1) or more of the following:
B.
In the event that the Chief of Police revokes the license, the licensee shall be entitled to a hearing before the Mayor upon notice duly given ten (10) days prior to the date of such hearing. The decision of the Mayor and the reasons therefor shall be sent by certified mail or hand delivered to licensee.
[R.O. 2011 § 645.250; R.O. 2009 § 120.48; CC 1981 § 28-69; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
No license shall be transferred from one owner to another, but an owner may transfer the license of one tow truck to another tow truck. Such transfer shall only be made on approval of the Chief of Police after written request was made to him/her on forms provided by him/her for that purpose.
[R.O. 2011 § 645.260; R.O. 2009 § 120.49; CC 1981 § 28-70; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
On each side of a tow truck, there shall be legibly printed in letters not less than two (2) inches in height the following:
[R.O. 2011 § 645.270; R.O. 2009 § 120.50; CC 1981 § 28-71; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
The owner of a tow truck shall prepare and file in triplicate with the Chief of Police a schedule of prices to be charged for the towing and storage of vehicles. Such schedule may be based on time, mileage or a combination of both. In addition, the schedule may include the minimum charge for any undertaking involving towing and storage. One (1) copy of the schedule shall be retained by the Chief of Police, one (1) copy shall be returned to the applicant upon the issuance of a license and one (1) copy shall be forwarded to the Director of Finance.
B.
Prior to the undertaking of a tow, the licensee or his/her agent shall present the schedule to the customer for his/her examination. The schedule shall be on a special printed form approved by the Chief of Police which shall serve not only to advise a customer of the basis of charges under which the towing is to be done, but also as an authority for the commencement of the tow as a work order. This printed form shall be in duplicate and the customer shall sign in a space provided below a bold face printed statement declaring "I have examined the schedule of prices and I hereby authorize the towing of my vehicle." A licensee or his/her agent or employee shall give one (1) copy to the customer and shall retain the original for his/her files.
C.
This original statement shall be retained by the licensee for a period of one (1) year and shall be exhibited by him/her upon demand to the Chief of Police or his/her authorized representative.
D.
It shall be unlawful to charge a sum in excess of that authorized by the schedule filed with the Chief of Police.
E.
The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in Subsection (B) of this Section, contain the following:
1.
The full name and address of the licensee.
2.
The full name and address of the driver of the tow truck.
3.
The full name and address of the person engaging the tow truck.
4.
The State license plate number or the State vehicle identification number of the vehicle to be towed.
5.
The State license plate number of the tow truck.
6.
The number of the license issued by the City to the tow truck pursuant to this Article.
7.
Any other information required by the Chief of Police.
[R.O. 2011 § 645.280; R.O. 2009 § 120.51; CC 1981 § 28-72; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
All persons operating a tow truck or their agents, when operating the tow truck, shall keep in their possession a pad of printed statements containing his/her name and the address of his/her place of business and after towing a vehicle shall prepare one (1) of the printed statements in duplicate and furnish the original to the owner of the vehicle or to his/her authorized representative.
B.
The statement shall contain the following information:
1.
The full name and address of the licensee and the number of the license issued to the tow truck pursuant to this Article.
2.
The full name and address of the person driving the tow truck.
3.
The full name and address of the person engaging the tow truck.
4.
The State license number or the State vehicle identification number of the vehicle.
5.
The total amount to be charged for towing to include the number of miles towed and the storage rate per day or price thereof.
6.
A duplicate of each statement shall be retained by the licensee for a period of one (1) year and shall be exhibited by him/her upon demand by the Chief of Police or his/her authorized representative.
[R.O. 2011 § 645.290; R.O. 2009 § 120.52; CC 1981 § 28-73; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
The provision of Sections 645.270 and 645.280 of this Article shall not be applicable to any licensee operating a tow truck under the terms of this Article when such licensee is under a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move a vehicle owned or controlled by such person, firm or corporation to a specific location so designated for consideration set forth in such contract, provided that the licensee under this Article has in his/her possession at all times while towing, transporting, conveying or moving such vehicle such contract or verified copy thereof and shall display such contract or copy when required to do so by any Law Enforcement Officer. This provision shall not be so construed or interpreted so as to render or to relieve the licensee from complying with the other provisions of this Article.
[R.O. 2011 § 645.300; R.O. 2009 § 120.53; CC 1981 § 28-74; Ord. No. 81-99, 12-10-1981; Ord. No. 82-40, 5-19-1982; Ord. No. 84-130, 11-7-1984]
No license to operate a tow truck shall be issued until and unless the applicant shall first obtain a policy of insurance from a company authorized to do business in the State or a bond of indemnity, acceptable to the Director of Finance, with limits for bodily injury liability of at least twenty-five thousand dollars ($25,000.00) for each person, fifty thousand dollars ($50,000.00) for each accident and property damage liability of ten thousand dollars ($10,000.00) for each accident. No person shall operate a tow truck in the City unless the operator shall be covered by an insurance policy with the foregoing minimum limits of liability.
[R.O. 2011 § 645.310; R.O. 2009 § 120.54; CC 1981 § 28-75; Ord. No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
No driver of a tow truck shall engage in cruising.
B.
No driver of a tow truck shall invite or permit loitering within or near his/her tow truck.
C.
No driver of a tow truck shall seek employment by repeatedly driving his/her vehicle to and from in a short space on any highway or otherwise interfering with the proper and orderly progress of traffic along a public highway.
D.
No driver of a tow truck shall solicit or attempt to divert prospective patrons of another tow truck.
E.
No driver of a tow truck shall solicit or divert prospective patrons at a given garage in the City to any other garage.
F.
No driver of a tow truck shall solicit, demand or receive from any person any pay or commission or emolument whatever except the proper fare for transporting the vehicle in accordance with the schedule of charges defined in Section 645.270.
G.
All licensees shall promptly report all changes of address to the Chief of Police.
H.
A driver of a tow truck shall not remove a vehicle involved in an accident in which a person has been killed or seriously injured unless such vehicle has been released by a duly authorized member of the Police Department.
I.
No person or agent of the person holding a license pursuant to this Article shall use or have in his/her possession a short wave receiver as defined herein while engaged in the business of towing, except those persons under written contract with the City or other municipal Police agency for towing services.