[Ord. No. 12-20, 7-19-2012]
It is the intent of this Chapter to regulate the operation of towing/wrecker services that are dispatched by the City of Hollister Police Department.
[Ord. No. 12-20, 7-19-2012]
When used in this Chapter, the following terms, phrases and words shall have the meaning set out herein:
Tows of vehicles left standing for a period of time greater than permitted under applicable State laws or municipal ordinances, and which vehicles have been tagged and marked for removal from public streets or property or from private property in accordance with law.
Tows of vehicles involved in accidents, and/or stalled vehicles obstructing traffic, and/or tows of vehicles whose driver is incapacitated or physically unable to drive the vehicle, and/or tows of vehicles whose driver has been arrested and/or detained and cannot drive the vehicle.
Tows requested by the Police Department in connection with official police business, and which tows may be of the following type: police-impounded vehicles, police emergency tows, and abandoned vehicle tows.
Tows of vehicles impounded by the police which vehicles are held to be used as evidence in a criminal case, and which must be stored until released by Police Department personnel.
A list of qualified tow/wrecker services engaged in the business of providing tow services that have entered into an agreement with the City and shall be designated by the Hollister Police Department (HPD) for the purpose of rotating police dispatch of tow trucks in accordance with this Chapter, the agreement and applicable State law.
The non-exclusive agreement entered into between the City and a tow/wrecker service that defines the obligations, procedures and terms for police dispatched tow services.
A motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line or dolly, or is otherwise exclusively used to render assistance to other vehicles.
[Ord. No. 12-20, 7-19-2012]
A.
All towing/wrecker services, companies, firms, businesses and individuals providing routine services within the City must possess a valid and current City merchant's license.
B.
All such towing services must provide one (1) address for the business the Police Department may use as a reference location for calls in which a wrecker is needed immediately, and in these instances the closest wrecker service to a situation shall be notified in lieu of rotation if, in the opinion of the officer at the scene, an immediate response service is required for health or safety, or in cases in which roadways are blocked and traffic flow must be reinstated as soon as possible.
[Ord. No. 12-20, 7-19-2012]
A.
A towing/wrecker service rotation list will be maintained within the Police Department to provide for the fair and equitable handling and dispatching of wrecker calls and needs provided such services meet and abide by all guidelines and requirements as set forth in this Chapter. Any towing company, firm, business or individual that fails to comply with all conditions, requirements and guidelines of this Chapter may be removed from the rotation list by the Chief of Police. Those services on rotation shall be notified in rotating order within noted guidelines.
B.
Any citizen whose vehicle is disabled on any City street or property may request the assistance of any towing service of their preference and the Police Department will endeavor to contact such service on behalf of the citizen, as applicable. This provision shall not apply in situations where the City is taking custody of the vehicle, or if the driver/owner of the vehicle is incapacitated or otherwise unable or unwilling to make such preference choice within reasonable time.
[Ord. No. 12-20, 7-19-2012]
A.
Tow/wrecker services wishing to be placed on rotation for calls shall be placed on the rotation list after showing proof of a current City merchant's license, and completing proper application to the Chief of Police or his/her designee in a form designed by the Chief, and maintained by and within the Police Department, and upon the Chiefs determination that the person is duly licensed and has agreed to meet all criteria set forth in this Chapter. Wrecker/towing services requesting placement on the list do so with the understanding that:
1.
Citizens may request a preference tow and shall receive such attention as requested and applicable, as a first (1st) option.
2.
If an emergency exists, including, but not limited to, a roadway access being blocked, and/or traffic is such that the need exists for immediate removal of vehicles or other obstacles in roadway as soon as possible, and a wrecker service's business location is such that its close proximity to the situation/scene and its availability enables "immediate" response, that wrecker shall be notified in lieu of the rotation list.
3.
As a third (3rd) step in wrecker call-out, the wrecker rotation list will be incorporated and the next wrecker service in line will be called by the Police Department for service. A call refused by any wrecker service shall be counted as a turn in rotation and the next available service in line of rotation will be notified and requested.
[Ord. No. 12-20, 7-19-2012]
A.
The Hollister Police Department has the right to investigate the facts listed in the application for tow/wrecker services. Within thirty (30) days after completion of an investigation, HPD shall place the tow/wrecker service on the rotation list unless any one (1) of the following exists:
1.
The applicant has been removed from the rotation list within the last twenty-four (24) months;
2.
A material statement made in the application is untrue;
3.
A fact exists of which the Police Chief has knowledge which would be cause for removal or suspension of the applicant from the rotation list;
4.
The applicant must agree that any employee, who will have contact or access to a vehicle, whether during the request for tow or during the period the vehicle is being stored or impounded, shall have no felony criminal convictions;
5.
The rotation list already consists of five (5) or more tow companies; or
6.
The applicant fails to sign a tow service agreement.
[Ord. No. 12-20, 7-19-2012]
A.
All tow/wrecker services requesting to be included on the rotation list shall meet the following requirements and guidelines:
1.
Provide twenty-four (24) hour per day services, seven (7) days a week, and must respond as requested on a routine basis, unless such service has equipment or vehicle problems or other problems such as illness, etc., that would prevent the service from responding as requested on a normal basis. If problems or situations arise that prevent a wrecker service from responding, it shall be the service's responsibility to notify the Police Department as soon as possible of such problem and provide a length of time for which their service will be unavailable.
2.
Shall maintain business and auto liability insurance as set forth in Section 304.154, RSMo., written by a company authorized to do business in the State, naming the towing company as insured and the City as an additional named insured against any claims for damages.
3.
Have storage space inside a locked building for at least two (2) vehicles.
4.
Have storage space in the open for at least five (5) vehicles. This storage area shall have adequate security which shall include no less than a six (6) foot fence or wall around it with a gate or gates that can be locked.
5.
Ability to store vehicles subject to police impound within secured areas referenced in items (3) and (4). It shall be the officer's discretion to store the vehicle(s) in either an inside or outside storage area.
6.
Retain and safeguard any vehicle and its contents subject to a police impound until authorized to release same by police personnel.
7.
The tow/wrecker service to include any tow truck that may respond to the City be within a reasonable distance from the City limits of Hollister.
8.
Towing company personnel responding to a scene in which debris is left or scattered on roadway shall be responsible for removal from the roadway, road right-of-way or private property, and the hauling away of all vehicle parts, glass and/or any other debris which is attributable directly or indirectly to the cause for such debris (i.e., vehicle accident), but only after authorization to do so has been given by the investigating Police Officer at the scene of such accident. Such person, however, shall not be required to clean up liquids or large spills of solid materials which require lengthy or specialized cleanup or any material classified as hazardous by the United States Department of Transportation.
9.
Subcontracting of tow/wrecker services shall not be allowed by any company placed or maintained on the rotation list.
10.
The tow/wrecker service abides by all State laws in regards to towing truck company requirements as set forth in Section 304.154, RSMo.
[Ord. No. 12-20, 7-19-2012]
A.
At any time a towing/wrecker service is in litigation regarding its services or is under investigation by any Law Enforcement Agency or other bona fide City, County, State or Federal agency for any reason relating to such towing/wrecker service, that tow/wrecker service shall be removed from the City rotation list until such time that the investigation is completed and it is determined that no criminal or other charges are filed and/or determined.
B.
If such investigation involves alleged criminal activity on the part of the towing/wrecker service and/or owners/managers of such company, and the owners/managers are convicted in criminal court for such criminal activity, the Chief of Police is directed to remove the service from the City rotation system.
[Ord. No. 12-20, 7-19-2012]
Tow services licensed for business in the City shall at all times display the company name and/or name of the business owner/operator on each side of every wrecker used by such company and in a prominent location and of a size adequate to be visible and legible.
[Ord. No. 12-20, 7-19-2012]
All towing services wishing to maintain their place on the rotation list shall maintain a current permit/application on file with the Chief of Police and shall renew the permit/application yearly following the purchase of a City merchant's license, and shall be responsible for contact and written update of such application within one (1) week of any time any information on the application is changed.
[Ord. No. 12-20, 7-19-2012]
Nothing in this Chapter shall be applicable to officers or other bona fide emergency personnel employed by agencies other than the City Police Department if such officers or personnel request dispatch assistance through the Police Department dispatch center. They may set their own requirements and guidelines exclusive of this division. However, if a request is given to Police Department dispatch as a no preference call, the rotation list will be used and the dispatcher shall request the next appropriate wrecker service as determined by rotation, and, upon successful use, the service shall then be counted as a use and moved to the end of list.
[Ord. No. 12-20, 7-19-2012]
All towing/wrecker services that wish to be used/notified or otherwise contacted by the City for their services, whether licensed or not by the City, and whether on the rotation system or not, shall maintain a phone service that requires no long distance service/phone charge be incurred by the City. Only local calls or toll-free numbers will be used for requesting tow services.
[Ord. No. 12-20, 7-19-2012]
Towing/wrecker services wishing to be placed on the rotation list will be required to provide the estimated time of arrival to the requested location. Response to such location must be reasonable and must be within indicated time barring unforeseen, unavoidable time-delaying incidents. If timely response time frames are not adhered to, the Chief of Police may remove the towing/wrecker service from the rotation list until such problems and/or delays can be addressed and rectified.
[Ord. No. 12-20, 7-19-2012]
A.
No person shall solicit in any manner, directly or indirectly, on the streets of the City, or at any situation or scene under the control or direction of Police Department personnel, business involving any vehicle which is disabled or wrecked within the corporate limits of the City, regardless of the method or means by which such wrecker service learned of such need.
B.
Wrecker services shall not attempt to remove vehicles or assist officers at any scene or situation falling within the scope of this Chapter unless such wrecker company was first requested and been authorized to do so by the Police Department or officer on the scene, or by any citizen involved in situation, provided request by such citizen was made prior to the officer's arrival or request to the Police Department for assistance.
[Ord. No. 12-20, 7-19-2012]
Within five (5) business days after receiving written notification that an applicant has been denied placement or has been suspended or removed from the rotation list, the applicant shall have the right to file a grievance by filing a written notice of the grievance including a written statement explaining the grounds of the grievance with the Chief of Police. The written notice shall include, but not be limited to, statements why the applicant believes the decision for denial, suspension or removal from the list should be reconsidered. Upon the filing of the grievance and written statement, the Chief of Police shall review the decision, taking into account the issues brought to his attention in the grievance and make a final determination and decision. After the final decision is made, the Chief of Police will notify the applicant in writing of that decision.