[Ord. No. 2948 §1, 8-20-2013]
For purposes of this Chapter, the following terms shall have the meanings indicated:
- CONSENT TOW
- Is the towing of a vehicle with the consent of the owner or the operator of the vehicle.
- MOTOR VEHICLE
- Is every vehicle that is self-propelled but not operated upon rails.
- NON-CONSENT TOW
- Is the towing of a vehicle without the consent of the owner or operator of the vehicle, usually at the direction of a Peace Officer.
- Is the entire width between the boundary lines of every right-of-way when any part thereof is open to the use of the public for the purpose of vehicular travel. A street is also commonly known as a "highway," "alley," or "road."
- Is every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.
- VEHICLE STORAGE YARD
- Is a location where a wrecker company stores vehicles that were towed as a non-consent tow.
- Is any motor vehicle used for the purpose of towing or moving another motor vehicle for a fee.
- WRECKER COMPANY
- Is any person, firm or corporation engaged in the wrecker business.
[Ord. No. 2948 §2, 8-20-2013]
No person shall follow in a wrecker any ambulance or police vehicle which is traveling on a public street while that ambulance or police vehicle is using emergency signals.
[Ord. No. 2948 §3, 8-20-2013]
No person shall stop or park a wrecker within three hundred (300) feet of the scene or site of a vehicle accident or collision while any disabled, damaged, or wrecked vehicle remains at such scene or site.
The provisions of this Section shall not apply to any wrecker that is authorized by the investigating officer or any wrecker that is called to the scene or site of an accident or collision by the Police Department of the City of Kennett.
[Ord. No. 2948 §4, 8-20-2013]
No person shall solicit in any manner, directly or indirectly, in the streets of the City of Kennett the service of towing, removing, repairing, storing, wrecking, or buying any vehicle which is wrecked or disabled on a public street.
[Ord. No. 2948 §5, 8-20-2013]
When a vehicle has been involved in a collision or accident and cannot be driven safely, or when the driver thereof is physically unable to drive such vehicle, the Police Officer investigating such accident or collision shall request the driver of such vehicle to designate a wrecker company. The Police Officer shall then notify the Police Communications Officer who shall call the designated wrecker and inform the same wrecker of such accident or collision.
In the event such driver is physically unable to designate a wrecker company or refuses to designate a wrecker, the Police Officer investigating the accident or collision shall notify the Police Communications Officer who shall select a wrecker company on a rotation basis from a list of wrecker companies which operate a permitted wrecker as described by Section 645.070 of this Chapter.
A response time of not more than twenty (20) minutes shall be required of all wreckers, including consent tow wreckers. In the event a wrecker has not arrived at the scene or site within the time limit, the investigating officer shall notify the Police Communications Officer to call that wrecker company and advise them that their wrecker is canceled. The Police Communications Officer will then select the next wrecker service from the list of wrecker companies which operate a wrecker or wreckers for which the permit or permits is described by Section 645.070 of this Chapter.
[Ord. No. 2948 §6, 8-20-2013]
A wrecker or wrecker company that performs only consent tows does not have to secure a permit from the City unless it also maintains a place of business in the City of Kennett.
All wrecker or wrecker companies that perform non-consent tows in the City must secure a permit as described by Section 645.070 of this Chapter.
No driver of a wrecker shall remove any vehicle which has been involved in an accident or collision from the place where such accident or collision has occurred, or attach his wrecker to such wrecked, damaged or disabled vehicle until the Police Officer investigating such accident or collision shall have instructed the wrecker driver to do so.
It shall be the duty of each driver of each wrecker that removes a wrecked, damaged or disabled vehicle from the place where the accident or collision has occurred to clear the street of any and all debris, parts or glass.
[Ord. No. 2948 §7, 8-20-2013]
All persons desiring to obtain a permit for a wrecker, wrecker company, or vehicle storage yard shall make application in writing on a form prescribed for that purpose to the City Collector's office. Such application shall contain the name, address and home telephone number of the applicant, the name of the registered owner of the wrecker, wrecker company, or vehicle storage yard for which the permit is to be issued, proof of ownership or control of the wrecker, or the vehicle storage yard, if applicable, the telephone number at which calls for wrecker service from the Police Communications Officer will be received, location of vehicle storage yard, location of wrecker company office, and additional other information that the Chief of Police may require. Each application for a wrecker permit, wrecker company permit, or storage yard permit, when filed shall be sworn to by the applicant and shall be accompanied by a permit fee amount as set by the City Council.
All permits shall be non-transferable.
All vehicle storage yards used for non-consent tows by the City of Kennett are required to have a current vehicle storage yard permit from the City of Kennett.
[Ord. No. 2948 §8, 8-20-2013]
A permit may be issued:
If there is in full force and effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Missouri on the standard form approved by the Missouri Department of Insurance containing coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a wrecker or the owner of the wrecker for which such permit is to be issued with the amount of coverage on each wrecker being not less than the following sums:
If there are no delinquent taxes or fees due the City of Kennett by any owner or operator of the wrecker;
If a City of Kennett permit issued for a wrecker, or wrecker company, owned by such owner or operated by such applicant has not been revoked within the last six (6) months preceding the date of application described herein;
If the wrecker for which such permit is issued is equipped with a power- or hand-operated winch-line and boom, with a factory-rated lifting capacity for a tested capacity of not less than five thousand (5,000) pounds, single-line capacity; or unless the wrecker is a roll back wrecker, car hauler or damage-free wrecker with no boom;
If the wrecker has its respective company name permanently displayed on the truck in minimum size letters of three (3) inches. (No magnetic signs will be allowed.);
If the wrecker is registered in the company or company owner's name and the company is permitted; and
[Ord. No. 2948 §9, 8-20-2013]
Any wrecker or wrecker company permit may be revoked by the Chief of Police or his/her designee upon a determination by him/her that the owner of the wrecker or wrecker company for which such permit was issued, or any employee or agent of such owner, has failed to satisfy any of the requirements for continuation of such permit by:
Not maintaining the requirements of Section 645.080 of this Chapter or having violated any provision of this Chapter within the sixty (60) days immediately preceding the date of revocation;
Not having a vehicle storage yard for non-consent tows located within five (5) miles of the City of Kennett City Hall, 200 Cedar Street, Kennett, Missouri 63857 or not providing twenty-four-hour release service for vehicles towed as non-consent tows;
On three (3) or more occasions during one (1) permitting period, having failed to arrive with a functioning wrecker at the requested location within twenty (20) minutes after receiving a call from the Kennett Police dispatcher;
Not answering the telephone number given to the Kennett Police Department as the contact telephone number; or
Violating the Wrecker rotation guidelines as established by the Chief of Police.
[Ord. No. 2948 §10, 8-20-2013]
The Kennett Police Chief shall issue guidelines concerning the administration of the wrecker rotation list and shall determine which wreckers are removed from the rotation list for violations of those guidelines or this Chapter.
A wrecker company may appeal the decision of the Chief of Police by submitting a written request of appeal to the City Clerk who will place the appeal on the agenda of the next regularly scheduled Kennett City Council meeting.
The decision of the Kennett City Council will be final. There will be no refund of permit fees paid. A wrecker company removed from the rotation list may reapply during the next permitting period as set by the permit office.
The fees for non-consent tows, wrecker company permits, wrecker permits, and wrecker yard permits will be a part of the wrecker rotation guidelines document and may be adjusted by the Kennett City Council from time to time, as it sees fit.
[Ord. No. 2948 §11, 8-20-2013]
Each wrecker company has the option to have a heavy-duty wrecker on a separate heavy-duty rotation list for the Kennett Police Department, as long as its wrecker meets heavy-duty wrecker requirements as follows:
Each heavy-duty wrecker must be registered in or licensed to the respective company and must be permitted in accordance with the terms of this Chapter;
Each heavy-duty wrecker must comply with the insurance requirements of this Chapter as set forth in Section 645.080 of this Chapter;
Each heavy-duty wrecker must be not less than three (3) tons in size and must be equipped with air brakes; and
Each heavy-duty wrecker must have at least one winch rated not less than ten (10) tons and in good working order.
In the event a heavy-duty wrecker is called from the rotation list, the wrecker company called may request assistance from other heavy-duty wreckers which meet the requirements of this Chapter. No wrecker shall request assistance under this provision unless the first wrecker called from the heavy duty rotation list appears on the scene and is actively involved in remedying the situation or emergency condition.
[Ord. No. 2948 §12, 8-20-2013]
It shall be unlawful for any person, firm or corporation to operate a vehicle storage yard in the City of Kennett without first obtaining a permit from the City of Kennett.
Each wrecker company must have access to a vehicle storage yard within six (6) miles of the City of Kennett City Hall, 200 Cedar Street, Kennett, Missouri 63857, and said vehicle storage yard shall be completely enclosed by a fence or wall at least six (6) feet in height, with a gate which is locked at all times when the vehicle storage yard is not opened for business. The fence or wall, which must be maintained in good repair and be kept vertical, uniform and structurally sound shall be:
Each vehicle storage yard shall have an all-weather surface that makes delivery and release of automobiles feasible in all weather conditions, such as concrete, asphalt, blacktop, stone, limestone, gravel, shell, or sand.
Each vehicle storage yard shall have a sign at the main entrance, clearly visible and readable from the street, setting out the name of the vehicle storage yard, the street address, the vehicle release contact phone number and the City permit number.
Each vehicle storage yard must be available to release non-consent towed motor vehicles twenty-four (24) hours a day. A telephone contact system must be maintained for each vehicle storage yard providing response within one (1) hour of a request for release or have an employee on site available to release non-consent towed motor vehicles.
Each vehicle storage yard shall have an operable telephone which must be publicly listed where the wrecker company, or its employees and agents, may be contacted.
Each wrecker company shall maintain on its vehicle storage yard adequate illumination which will make release of vehicles feasible at night.
Each vehicle storage yard shall be covered by a policy of liability insurance which shall include coverage for comprehensive or specific perils in collision and shall be issued by a company duly authorized to write insurance in the State of Missouri and shall be in an amount of not less than one hundred thousands dollars ($100,000.00) for injury to or destruction of property of others. Such policy shall be kept in full force during the entire duration of any City permit. A copy of the current policy must be maintained in the City permit office.
The Chief of Police or his/her designee shall approve the location of each vehicle storage lot within the City limits of Kennett.