[CC 1996 §615.010; CC 1981 §630.010; Ord. No. 531 §1, 10-20-1980]
As used in this Chapter, the following words shall have the
meanings set out herein:
The License Collector of the City of Breckenridge Hills.
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.
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.
Requesting or attempting to persuade an owner, his/her 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/her lawful agent or representative.
Any mechanical device on wheels, designed primarily for use,
or used, on highways, except motorized bicycles, vehicles propelled
or drawn by horses or human power, or vehicles used exclusively on
fixed rails or tracks, or cotton trailers or motorized wheelchairs
operated by handicapped persons.
Any emergency commercial vehicle equipped, designed and used
to assist or render aid and transport or tow disabled or wrecked vehicles
from a highway, road, street or highway rights-of-way to a point of
storage or repair, including towing a replacement vehicle to replace
a disabled or wrecked vehicle.
[CC 1996 §615.020; CC 1981 §630.020; Ord. No. 531 §2, 10-20-1980]
A.
It
shall be unlawful for any person to operate a tow truck within the
City of Breckenridge Hills unless such person shall first obtain a
license from the Collector or unless said person shall be exempt by
reason of one (1) 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 Breckenridge Hills 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.
That municipality permits tow trucks licensed by the City of Breckenridge
Hills to operate within that municipality without obtaining a license
from that municipality. The license must be valid for the current
year and the licensee must comply with all requirements of the Chapter
under which it was issued.
[CC 1996 §615.030; CC 1981 §630.030; Ord. No. 531 §3, 10-20-1980]
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; and
6.
The application shall be subscribed and sworn to by the applicant
or an officer thereof.
A.
A towing
company operating a tow truck pursuant to the authority granted herein
shall:
1.
Have and occupy a verifiable business address;
2.
Have a fenced, secure, and lighted storage lot or an enclosed, secure
building for the storage of motor vehicles;
3.
Be available twenty-four (24) hours a day, seven (7) days a week.
Availability shall mean that an employee of the towing company or
an answering service answered by a person is able to respond to a
tow request;
4.
Maintain a valid insurance policy issued by an insurer authorized
to do business in this State, or a bond or other acceptable surety
providing coverage for the death of, or injury to, persons and damage
to property for each accident or occurrence in the amount of at least
five hundred thousand dollars ($500,000.00) per incident;
5.
Provide workers' compensation insurance for all employees of the
towing company if required by Chapter 287, RSMo.; and
6.
Maintain current motor vehicle registrations on all tow trucks currently
operated within the towing company fleet.
[CC 1996 §615.040; CC 1981 §630.040; Ord. No. 531 §4, 10-20-1980]
A.
Each
application for tow truck license or renewal thereof shall be referred
by the Collector 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 Collector and further containing
the Chief's recommendation for issuance or denial of the license.
B.
Such
license shall be issued by the Collector unless he/she finds one (1)
or more of the following:
1.
Intentional misstatements or misleading statements of fact in the
application;
2.
Any officer, director or managing agent of the applicant or any driver
or dispatcher of a tow truck employed by the applicant has a record
of being convicted of 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, provided that if the Collector shall find the conduct
of such person subsequent to the aforesaid conviction, 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 said
license;
3.
Failure to pay the required application fee;
4.
Any other matter which would be grounds for revocation, non-renewal
or refusal to issue a business license in the City of Breckenridge
Hills.
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/her not
doing so shall be in writing and shall accompany the notice of non-issuance.
[CC 1996 §615.050; CC 1981 §630.050; Ord. No. 531 §5, 10-20-1980]
The fee for application for a license under this Chapter shall
be twenty-five dollars ($25.00) for each vehicle, which license shall
expire on December thirty-first (31st) of each year. If any license
is approved after July first (1st) in any year, the license fee for
the balance of the year shall be twelve dollars fifty cents ($12.50).
Said fee shall accompany the license application and no part of it
shall be returnable.
[CC 1996 §615.060; CC 1981 §630.060; Ord. No. 531 §6, 10-20-1980]
A.
Within
sixty (60) days prior to the expiration of the license, a licensee
may apply to the Collector for a renewal thereof.
B.
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.
C.
An
application for renewal shall be accompanied by a renewal application
fee of twenty-five dollars ($25.00) per vehicle, no part of which
shall be returnable.
D.
The
Collector shall renew the license if he/she 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.
E.
If the Collector does not renew the license, the procedures set forth in Section 610.040(D) herein shall be followed.
[CC 1996 §615.070; CC 1981 §630.070; Ord. No. 531 §7, 10-20-1980]
A.
A license
issued pursuant to this Chapter may be suspended for a period up to
ninety (90) days or revoked by the City Council upon a showing of
any of the following:
1.
Intentional misstatements or misleading statements of fact in the
application not discovered until after the issuance of said license;
2.
Violation by any officer, director or managing agent of the licensee
or any driver or dispatcher of a tow truck employed by the licensee
of any Statutes or ordinances pertaining to theft, possession of stolen
property or interstate transportation of stolen vehicles.
[CC 1996 §615.080; CC 1981 §630.080; Ord. No. 531 §8, 10-20-1980]
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/her for that purpose.
[CC 1996 §615.090; CC 1981 §630.090; Ord. No. 531 §9, 10-20-1980]
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:
[CC 1996 §615.100; CC 1981 §630.100; Ord. No. 531 §10, 10-20-1980]
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/her agent shall present
the schedule to the customer for his/her 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/her agent or employee shall
give one (1) copy to the customer and retain the original for his/her
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/her, upon demand,
to the Collector 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 Collector.
E.
The form used by the licensee as hereinbefore mentioned shall in addition to the information contained in Subsection (B) hereof contain 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; and
7.
Any other information required by the Collector.
[CC 1996 §615.110; CC 1981 §630.110; Ord. No. 531 §11, 10-20-1980]
A.
All
persons operating a tow truck or their agents, when operating said
tow truck, shall keep in their possession a pad or 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 such statements
in duplicate and furnish the original to the owner of the vehicle
or to his/her 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 of price thereof; and
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/her upon demand to the Collector.
[CC 1996 §615.120; CC 1981 §630.120; Ord. No. 531 §12, 10-20-1980]
The provision of Sections 610.100 and 610.110 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/her 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 relieve the licensee from complying with the other provisions of this Chapter.
[CC 1996 §615.140; CC 1981 §630.140; Ord. No. 531 §14, 10-20-1980]
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/her tow truck.
C.
No
driver of a tow truck shall seek employment by repeatedly driving
his/her 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 attempt to 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 610.100 hereof.
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 Breckenridge
Hills Police Department.
I.
No
person or agent of a person holding a license issued pursuant to this
Chapter shall use or have in his/her possession a radio receiver capable
of operating on a frequency assigned by the Federal Communications
Commission for fire, Police, municipal or other governmental uses
while engaged in the business of towing, except those persons under
written contract with the City of Breckenridge Hills or a Police agency
of a municipality for towing services.
[Ord. No. 1326, 8-15-2022]
A.
Should
a duly licensed tow truck operator for the City tow any illegally
possessed and/or registered and/or non-registered two (2) wheeled
vehicle otherwise known as a moped, scooter or motorcycle and deliver
same to the City, the City shall pay said licensed tow truck operator
a fee of seventy-five dollars ($75.00).
B.
The
City Police Department shall keep a written record of the name, date,
title, registration and fee amount paid to any City tow truck operator
and, upon payment of said fee, notify the Municipal City Court Clerk
of same and convey all written information to the Court Clerk identifying
the two (2) wheeled vehicle towed, registration and/or owner of same,
amount of fee paid, including date, proof of same and name of tow
truck operator to whom said fee is paid.
C.
Upon
receiving all written identifying information as referenced above
from the City Police Department, the Municipal Court Clerk shall enter
said information and fee into the Municipal Court data base and collect
said fee as part of the disposition of any court case relating to
the towing of any two (2) wheeled vehicle in the City and payment
of the above-referenced seventy-five dollar ($75.00) tow fee by the
City relating to same.
[CC 1996 §615.150; CC 1981 §630.150; Ord. No. 531 §15, 10-20-1980]
Any person, firm or corporation violating any provision of this
Chapter shall be deemed guilty of an ordinance violation and upon
conviction thereof shall be fined the sum of not less than one dollar
($1.00) nor more than five hundred dollars ($500.00) or by imprisonment
for a period not exceeding ninety (90) days, or by both such fine
and imprisonment.
