[Ord. No. 76-104 §1, 9-15-1976; Ord. No. 82-73 §2, 12-15-1982; Ord. No. 83-64 §1, 9-7-1983]
As used in this Chapter, the following words shall mean:
The License Collector of the City of Bridgeton.
Operating a tow truck on a public highway at a slow rate
of speed or in any other manner for the purpose of soliciting business
along said highway.
A permanent number assigned by the Collector to a specific
tow vehicle.
A County, City, town or village which has been duly incorporated
in accordance with the laws of the State of Missouri, as a unit of
local government, including St. Louis County, St. Charles County and
the City of St. Louis.
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.
Any person who holds the legal title of a vehicle or who
has the legal right to possession thereof.
Any individual, firm, partnership, corporation, or combination
of individuals of whatever character.
A radio receiver that is capable of operating on a frequency
assigned by the Federal Communications Commission for fire, police
and municipal or other governmental users.
Requesting or attempting to persuade an owner, his lawful
agent or representative to give permission to a tow truck to remove,
repair or store a vehicle, for a consideration, without a previous
request from the owner or his 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.
Every device, whether mechanically propelled or drawn, in
or by which any person or property is or may be drawn upon a public
thoroughfare, 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.
[Ord. No. 76-104 §2, 9-15-1976]
A.
It shall
be unlawful for any person to operate a tow truck within the City
of Bridgeton unless such person shall first obtain a license from
the Collector, or unless said person shall be exempt by reason of
one or more of the exemptions enumerated herein. Any license issued
shall be affixed to 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
of Bridgeton when such tow truck has affixed to its windshield a license
obtained from any municipality pursuant to an ordinance of said municipality,
provided that:
1.
Said
ordinance provides safeguards for the public similar to those provided
in this Chapter, and
2.
The
municipality permits tow trucks licensed by the City of Bridgeton
to operate within that municipality without obtaining a license from
that municipality.
3.
The
license must be valid for the current year and the licensee must comply
with all requirements of the ordinance under which it was issued.
[Ord. No. 76-104 §3, 9-15-1976]
A.
The application
for said license shall contain the following:
1.
Name
and address of the applicant; if a natural person, the age, date,
place of birth and Missouri State Operator's License number;
2.
If a
corporation, the State in 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 or combination of individuals, the name
thereof, the location of its office, and the names and addresses of
the principal officers, directors, trustees, or managing persons or
partners;
4.
The
address 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.
The
application shall be subscribed and sworn to by the applicant, or
an officer thereof.
[Ord. No. 76-104 §6, 9-15-1976; Ord. No. 89-84 §1A, 9-20-1989]
A.
Each application for a tow truck license, or renewal thereof, shall be referred by the Collector to the Chief of Police, who shall investigate the person as defined in Section 650.010 of this Chapter, as well as any other persons listed, having an interest in the proposed license, to determine if the person has any prior convictions as set forth in Subsection B(2) of this Section. The Chief of Police shall, within sixty (60) days, file a written report concerning these findings with the Collector.
B.
Such
license shall be issued by the Collector, unless he finds one or more
of the following:
1.
Intentional
mis-statements or misleading statements of fact in the application;
2.
That
the person making application has a record of being convicted of a
violation of any Statute, law or ordinance involving theft, possession
of stolen property, or interstate transportation of stolen vehicles,
or has previously had a business license suspended or revoked.
3.
Failure
to pay the required application fee.
4.
Any
other matter which would be grounds for revocation, nonrenewal, or
refusal to issue a business license in the City of Bridgeton, pursuant
to this Title of the Code of Ordinances, as amended from time to time.
C.
Each
applicant shall be notified by mail or by hand delivery of the issuance
or non-issuance of a license by the Collector.
D.
If the
Collector does not issue a license, the reasons for his not doing
so shall be in writing and shall accompany the notice of non-issuance.
E.
The Collector's
determination of non-issuance may be appealed under the provisions
of Section 536.150, RSMo., as hereinafter may be amended.
F.
The application
for renewal shall indicate any changes from the information furnished
to the Collector at the time of the original application or the next
preceding application for renewal.
G.
An application
for renewal shall be accompanied by a renewal application fee of fifty
dollars ($50.00), no part of which shall be returnable.
H.
The Collector
shall renew the license if he finds that the applicant's tow truck
business has been conducted in accordance with all applicable laws
and ordinances and the application meets all of the requirements of
this Chapter for issuance of the license and all requirements of this
Title of the Code of Ordinances, as amended from time to time, for
renewal.
[Ord. No. 76-104 §5, 9-15-1976; Ord. No. 78-157 §4, 12-20-1978; Ord. No. 82-73 §3, 12-15-1982; Ord. No. 85-109 §3, 12-18-1985]
The fee for application for a license under this Chapter shall
be thirty dollars ($30.00) for each vehicle, which license shall expire
on December thirty-first (31st) of each year. Said fee shall accompany
the license application, and no part of its shall be returnable.
[1]
Editor's Note — Ord. no. 98-16 §1(h) adopted January
21, 1998, repealed section 650.060 in its entirety. Said section derived
from ord. no. 89-84 §1(B), 9-20-1989. This section has been left
reserved for the city's future use.
[Ord. No. 76-104 §8, 9-15-1976]
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 be made only on approval of the Collector
after written request on forms provided by him for that purpose.
[Ord. No. 76-104 §9, 9-15-1976]
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:
[Ord. No. 76-104 §10, 9-15-1976]
A.
The owner
of a tow truck shall prepare and file in triplicate with the Collector
a schedule of prices to be charged for the towing and storage of vehicles.
The 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 License Collector, one (1) copy shall be returned
to the applicant upon the issuance of a license, and one (1) copy
shall be forwarded to the Chief of Police.
B.
Prior
to the undertaking of a tow, the licensee or his agent shall present
the schedule to the customer for his examination. A copy of the schedule
shall be reproduced on a form approved by the Collector, which shall
serve not only to advise the customer of the charges for towing, but
also as an authority for the commencing of the tow as a work order.
This form shall be in duplicate and the customer will sign on a space
provided below a boldfaced printed statement declaring: "I have examined
the schedule of prices and I hereby authorize the towing of my vehicle."
The licensee or his agent or employee shall give one (1) copy to the
customer and retain the original for his files.
C.
This
original signed statement shall be retained by the licensee for a
period of six (6) months and shall be exhibited by him, upon demand,
to the Collector or his authorized representative.
D.
It shall
be unlawful to charge a sum in excess of that authorized by the schedule
filed with the Collector.
E.
The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in Subsection (B) above, containing the following:
1.
The
full name and address of the licensee;
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 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 to the tow truck, pursuant to this Chapter;
7.
Any
other information required by the Collector.
[Ord. No. 76-104 §11, 9-15-1976]
A.
All persons
operating a tow truck, or their agents, when operating said tow truck
shall keep in their possession a pad of printed statements containing
his or her name and the address of his or her place of business, and
after towing a vehicle shall prepare one of such statements in duplicate
and furnish the original to the owner of the vehicle, or to his lawful
agent or 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 Chapter.
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 and the storage rate per day
or price thereof.
6.
A duplicate
of each statement issued shall be retained by the operator of the
tow truck for a period of one (1) year, and shall be exhibited by
him upon demand to the Collector.
[Ord. No. 76-104 §12, 9-15-1976]
A.
The provision of Sections 650.090 and 650.100 of this Chapter shall not be applicable to any licensee operating a tow truck under the terms of this Chapter who is under a written contract for a specific period of time with any person to tow, transport, convey or move a vehicle owned or controlled by such person to a specific location, for consideration set forth in such contract, provided that the licensee has in his possession at all times while towing, transporting, conveying or moving such vehicle the contract or verified copy thereof, and displays the contract or copy when required to do so by any Law Enforcement Officer. This provision shall not be construed or interpreted so as to render or to relieve the licensee from complying with the other provisions of this Chapter.
B.
The provisions
of this Chapter shall not be applicable to any tow truck engaged by
the Police Department of this City in carrying out its Police functions
and duties.
[Ord. No. 76-104 §13, 9-15-1976; Ord. No. 82-73 §4, 12-15-1982]
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 Collector, 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 Bridgeton
unless the operator shall be covered by an insurance policy with the
foregoing minimum limits of liability.
[Ord. No. 76-104 §14, 9-15-1976; Ord. No. 82-73 §5, 12-15-1982]
A.
No driver
of a tow truck shall operate a tow truck in or on a public place for
the purpose of soliciting;
B.
No driver
of a tow truck shall invite or permit loitering within or near his
tow truck;
C.
No driver
of a tow truck shall seek employment by repeatedly driving his vehicle
back and forth in a short space in or on any public place, or otherwise
interfering with the proper and orderly progress of traffic along
a public place;
D.
No driver
of a tow truck shall solicit or divert prospective patrons of another
tow truck;
E.
No driver
of a tow truck shall solicit or divert prospective patrons of a garage
to any other garage;
F.
No driver of a tow truck shall solicit, demand or receive from any person any pay, commission or emolument whatever, except the proper fare for transporting the vehicle in accordance with the schedule of charges defined in Section 650.090;
G.
All licensees
shall promptly report all changes of address to the Collector;
H.
A driver
of a tow truck shall not move 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 Bridgeton Police
Department.
I.
No licensee, or agent of said person, shall use or have in his possession a short-wave receiver, as defined in Section 650.010, while engaged in the business of towing in Bridgeton, except those persons underwritten with the City of Bridgeton, St. Louis County or Municipal Police Agency for towing services.
[Ord. No. 76-104 §15, 9-15-1976; Ord. No. 04-50 §11, 10-6-2004]
Any person, firm or corporation violating any provision of this
Chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined the sum of not less than one dollar ($1.00)
nor more than one thousand dollars ($1,000.00), or by imprisonment
for a period not exceeding ninety (90) days, or by both such fine
and imprisonment.
