City of Wildwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 50 §1, 9-1-1995]
This Chapter shall be known and cited as the "Tow Truck Code".
[Ord. No. 50 §2, 9-1-1995]
As used in this Chapter, the following words shall mean:
CITY
The City of Wildwood.
CITY LICENSEE
The owner of a tow truck licensed by the City.
CRUISING
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 said highway.
DIRECTOR
The Director of Finance and Administration of the City.
HIGHWAY
Any highway, road, street or alley open to the use of the public for the purpose of vehicular traffic.
IDENTIFICATION NUMBER
A permanent number assigned by the Director to a specific tow vehicle.
LICENSEE
The owner of a tow truck licensed under this Chapter.
OPERATING, OPERATION OF OR TO OPERATE A TOW TRUCK
Includes 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.
OWNER
Any person who holds legal title to a vehicle or one who has the legal right to the control and possession thereof.
PERSON
Any individual, co-partnership, firm, association, company or combination of individuals, of whatever form or character.
POLICE DEPARTMENT
The City of Wildwood Police Department including the Police Department of any governmental entity with whom the City has contracted for police services.
SHORT WAVE RECEIVER
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.
SOLICITING
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.
TOW TRUCK
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.
VEHICLE
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.
[Ord. No. 50 §3, 9-1-1995; Ord. No. 180 §2, 11-13-1995]
A. 
It shall be unlawful for any person to operate a tow truck within the City unless the owner of the tow truck shall first have obtained a license from the Director for such tow truck. Application for a license shall be made by the tow truck owner on a form furnished by the Director, 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 to operate a tow truck(s) within the City, if that person's only business interest in the tow truck(s) is to sell and service said truck(s).
C. 
Except for tow trucks operating from a place of business within the City of Wildwood, no license shall be required for any tow truck holding a valid tow truck license from St. Louis County or any other municipality in St. Louis County.
[Ord. No. 50 §4, 9-1-1995]
A. 
The application for said license shall contain the following:
1. 
Name and address of the tow truck owner; if a natural person, the date and place of birth and Missouri State operator's license number; 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.
2. 
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.
3. 
The names and addresses of all persons who will be directly involved in the operation of a tow truck under the license.
4. 
The place from which the tow truck will operate and the number of said 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.
[Ord. No. 50 §5, 9-1-1995]
A. 
Any person who is to be an operator of a tow truck under the provisions of this Chapter shall:
1. 
Be eighteen (18) years of age or older; and
2. 
Have a current chauffeur's license issued by the State of Missouri pursuant to the licensing requirements of Chapter 302 of the Revised Statutes of Missouri or have a comparable commercial driver's license that is current and has been issued by another State.
B. 
The tow truck owner shall provide proof to the Director that the persons who will be operating the tow truck(s) possess a current chauffeur's license as required under this Section.
[Ord. No. 50 §6, 9-1-1995]
A. 
Each application for tow truck license shall be referred by the Director to the Superintendent of Police, who shall investigate the character and fitness of the proposed applicant as well as any other persons listed as being involved in the operation of a tow truck. The Superintendent of Police shall within sixty (60) days file with the Director written reports concerning the applicant and all other persons listed as being involved in the operation of a tow truck, and further containing the Superintendent's recommendation for issuance or denial of the license.
B. 
Such license shall be issued by the Director unless he/she finds one (1) or more of the following:
1. 
Intentional misstatements or misleading statements of fact in the application;
2. 
Any party or parties interested in the proposed operation of a tow truck in the City shall previously have had a tow truck license suspended or revoked or have been convicted of the following:
a. 
A violation of any Statute, law or ordinance involving theft, possession of stolen property, interstate transportation of stolen vehicles;
b. 
A violation of any State Statute, law or ordinance involving any crime against persons, including but not limited to all forms of assaults;
c. 
A violation of any Statute, law or ordinance involving moral turpitude; or
d. 
A violation of the City of Wildwood or St. Louis County Tow Truck Code.
However, if the Director should find the conduct of such party or parties subsequent to the aforesaid suspension, revocation or conviction to be such as to indicate fitness to operate a tow truck, the Director may issue said license, but only if the issuance of the license shall not be against the public interest; or
3. 
Failure to pay the required application fee.
C. 
Each applicant shall be notified by mail or by hand delivery of the issuance or non-issuance of a license by the Director.
D. 
If the Director 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.
E. 
The Director's determination of non-issuance may be appealed under the provisions of Chapter 150 of this Code.
[Ord. No. 50 §7, 9-1-1995; Ord. No. 180 §1, 11-13-1995]
A. 
The fee for the issuance of a license under this Chapter shall be fifty dollars ($50.00) for each tow truck, said fee to accompany the license application. No part of said fee shall be returnable.
B. 
Except for initial licenses, the license term shall be for one (1) year commencing July first (1st). Initial licenses issued during the license year shall terminate June thirtieth (30th) thereafter, but no reduction in fee shall be made for such license. Renewals shall be applied for prior to June thirtieth (30th) of each year.
[Ord. No. 50 §8, 9-1-1995]
A. 
Within thirty (30) days of the expiration of the license a City licensee may apply to the Director for a renewal thereof.
B. 
The City licensee shall indicate any changes from the information furnished to the Director at the time of the original application.
C. 
An application for renewal shall be accompanied by a renewal application fee of fifty dollars ($50.00), no part of which shall be returnable.
D. 
The Director shall renew said license if he/she shall find that said operation shall have been conducted in accordance with all applicable laws and ordinances.
E. 
If the Director does not renew said license, the procedure set forth in Section 620.090(B) herein shall be followed.
[Ord. No. 50 §9, 9-1-1995]
A. 
The Director 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:
1. 
Intentional misstatement or misleading statements of fact in the application not discovered until after the issuance of said license; or
2. 
Any party or parties interested in the proposed operation of a tow truck in the City shall have been convicted of the following:
a. 
A violation of any Statute, law or ordinance involving theft, possession of stolen property, interstate transportation of stolen vehicles;
b. 
A violation of any State Statute, law or ordinance involving any crime against persons, including but not limited to all forms of assaults;
c. 
A violation of any State Statute, law or ordinance of any crime involving moral turpitude; or
d. 
A violation of the City of Wildwood or St. Louis County Tow Truck Code.
However, in the case of a suspension, if the Director should find the conduct of such party or parties subsequent to the suspension to be such as to indicate the fitness to operate a tow truck before the period of suspension is completed, the Director may terminate the suspension. In the case of a revocation, if the Director should find the conduct of such party or parties subsequent to the revocation to be such as to indicate the fitness to operate a tow truck, the Director may issue a license to the party or parties subject to the revocation after the party or parties have applied anew for a tow truck license. In either case, the actions of the Director shall not be against the public interest.
B. 
In the event that the Director revokes said license, the City licensee shall be entitled to a hearing before the Director upon notice duly given ten (10) days prior to the date of such hearing. The decision of the Director and the reasons therefor shall be sent by certified mail or hand delivered to the City licensee.
[Ord. No. 50 §10, 9-1-1995]
No license shall be transferred from one (1) owner to another, but an owner may transfer the license of one (1) tow truck to another tow truck. Such transfer shall only be made on approval of the Director after written request was made to him/her on forms provided by him/her for that purpose.
[Ord. No. 50 §11, 9-1-1995]
A. 
It shall be unlawful for any person to operate a tow truck in the City unless on each side of the said tow truck there shall be legibly printed in letters not less than one and one-half (1½) inches in height the following:
1. 
Name and address of the licensee and the identification number assigned to him/her by the Director.
2. 
The phrase "tow vehicle licensed by City of Wildwood, Missouri".
3. 
The phrase "request schedule of prices before engaging this vehicle".
[Ord. No. 50 §12, 9-1-1995]
A. 
The owners of all tow trucks operating in the City shall prepare and file in triplicate with the Director 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 said schedule may include the minimum charge for any undertaking involving towing and storage. One (1) copy of said schedule shall be retained by the Director, one (1) copy shall be returned to the tow truck owner and one (1) copy shall be forwarded to the Superintendent of Police of the City.
B. 
It shall be unlawful to charge a sum in excess of that authorized by the schedule filed with the Director.
C. 
Prior to the undertaking of a tow, the tow truck operator shall present said schedule of prices to the customer for his/her examination, upon the request of such customer.
[Ord. No. 50 §13, 9-1-1995]
A. 
Prior to the undertaking of a tow, the tow truck operator shall obtain the name, business and home telephone numbers of the person authorizing the tow. Such tow truck operator shall supply the said information upon the request of any Law Enforcement Officer.
B. 
All persons operating a 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 of said printed statements in duplicate and furnish the original to the owner of the vehicle or to his/her authorized representative. The statement shall contain the following information:
1. 
The full name and address of the licensee;
2. 
The identification number assigned by the Director to the tow vehicle, pursuant to this Chapter, or by the appropriate official of the municipality if the tow truck is licensed under a qualifying municipal ordinance;
3. 
The State license plate number of the tow truck;
4. 
The full name and address of the person engaging the tow truck;
5. 
The State license number or the State vehicle identification number of the vehicle towed;
6. 
The total amount charged for towing, including the number of miles towed and the storage rate per day or price thereof; and
7. 
Any other information required by the Director.
C. 
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 Director or his/her authorized representative.
[Ord. No. 50 §14, 9-1-1995]
The provision of Section 620.130(B) of this Chapter shall not be applicable to any person operating a tow truck under the terms of a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move vehicles owned, controlled or in the custody of such person, firm or corporation to a specific location so designated, for consideration set forth in such contract; provided that the said person has in his/her possession at all times while towing, transporting, conveying or moving any such vehicle, such contract or an affidavit which shall recite the existence of the said contract, the name, address and phone number of the contracting parties, the term of the contract and the scope of services to be performed. Any person seeking exemption under this provision shall display such contract or affidavit 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 Chapter.
[Ord. No. 50 §15, 9-1-1995]
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 of Missouri, or a bond of indemnity, acceptable to the Director, 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.
[Ord. No. 50 §16, 9-1-1995]
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 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 620.120 hereof.
G. 
All City licensees shall promptly report all changes of address to the Director.
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 licensee or agent of said person shall use or have in his/her possession a short wave receiver as defined herein while engaged in the business of towing in the City, except those persons under written contract with the City for towing services.
[Ord. No. 50 §17, 9-1-1995; Ord. No. 1607 §1, 3-23-2009]
Any person who shall be convicted of a violation of any provision of this Chapter may be punished by a fine and imprisonment as set out in Section 100.140 of this Code.