[R.O. 1997 § 620.010; Ord. No. 50 § 1, 9-1-1995]
This Chapter shall be known and cited
as the "Tow Truck Code."
[R.O. 1997 § 620.020; Ord. No. 50 § 2, 9-1-1995]
As used in this Chapter, the following
words shall mean:
The City of Wildwood.
The owner of a tow truck licensed by the City.
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.
The Director of Finance and Administration of the City.
Any highway, road, street or alley open to the use of the
public for the purpose of vehicular traffic.
A permanent number assigned by the Director to a specific
tow vehicle.
The owner of a tow truck licensed under this Chapter.
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.
Any person who holds legal title to a vehicle or one who
has the legal right to the control and possession thereof.
Any individual, copartnership, firm, association, company
or combination of individuals, of whatever form or character.
The City of Wildwood Police Department including the Police
Department of any governmental entity with whom the City has contracted
for police services.
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 semitrailers.
[R.O. 1997 § 620.030; 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.
D.
Such a license shall not be required for any owner registered with
the United States Department of Transportation.
[R.O. 1997 § 620.040; 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.
[R.O. 1997 § 620.050; 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.
[R.O. 1997 § 620.060; 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.
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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
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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.
[R.O. 1997 § 620.070; 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 1. Initial licenses
issued during the license year shall terminate June 30 thereafter,
but no reduction in fee shall be made for such license. Renewals shall
be applied for prior to June 30 of each year.
[R.O. 1997 § 620.080; 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.
[R.O. 1997 § 620.090; 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.
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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.
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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.
[R.O. 1997 § 620.100; 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.
[R.O. 1997 § 620.110; Ord. No. 50 § 11, 9-1-1995]
[R.O. 1997 § 620.120; 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.
[R.O. 1997 § 620.130; 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.
[R.O. 1997 § 620.140; 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.
[R.O. 1997 § 620.150; 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.
[R.O. 1997 § 620.160; 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.
[R.O. 1997 § 620.170; 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.
