For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
ASSIGNMENT
A call or referral by or from the City or its Police Department
to a wrecker requesting towing service hereunder licensed.
CITY
The City of Reedsburg.
CLASS I TOW
Involves vehicles which of necessity must be removed from
public or private property at the request of the Reedsburg Police
Department without the owner's permission, where such vehicles are
abandoned, constitute a public or private nuisance, are illegally
parked, are evidence, or stolen, or are or were in the ownership or
control of a prisoner or dead or disabled person who is unable to
personally arrange for towing.
CLASS II TOW
Involves vehicles which have become disabled and their operator
has no preference for a tower and where the public convenience requires
the Police Department to arrange for towing service.
CLASS III TOW
Involves disabled City vehicles which need to be towed promptly
upon request, for a reasonable fee.
LICENSEE
One who has been issued a license by the Common Council to
perform towing service for or at the request of the City of Reedsburg
or its Police Department.
NO-PREFERENCE TOW
Any motor vehicle accident or disablement where a motor vehicle
operator requiring towing service expresses no preference as to a
named wrecker.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PREFERENCE TOW
Any motor vehicle accident or disablement where a motor vehicle
operator requiring towing service expresses a preference as to a named
wrecker.
STORAGE LOT
Premises which are subject to use in accordance with local
and state laws, rules and regulations as a place to temporarily keep
towed vehicles pending the final disposition thereof. Storage lots
must be completely enclosed with a six-foot-high fence which is of
such a nature as will offer reasonable protection for vehicles and
their contents against theft and/or vandalism. Any side of the enclosing
fence which is viewable from a public thoroughfare must be constructed
in such a manner as will screen from view the vehicles stored within
the fenced enclosure. The storage lot shall provide outside storage
for a minimum of 10 vehicles and inside storage for a minimum of two
vehicles. The storage lot shall be located at the wrecker's (licensee's)
principal place of business, unless otherwise approved by the Police
Department and Common Council.
TOW
To remove a motor vehicle from a given place, whether temporarily
or permanently disabled, by use of a vehicle designed or customarily
used for that purpose, to a place of storage, pending the repair,
salvage, recovery, sale or disposal of such vehicle.
TOWER
A person engaged in the business or offering the services
of a vehicle wrecker or towing service, whereby disabled motor vehicles
are towed or otherwise removed from the place where they are disabled
by use of a wrecker so designed for that purpose or by a truck, automobile
or other vehicle so adapted to that purpose and who is engaged in
Class I, Class II or Class III tows.
WRECKER
One engaged in the business of or offering the services of
a motor vehicle tower.
No person, firm or corporation shall operate a truck or other
type of motor vehicle designed and capable to service or perform Class
I, Class II or Class III tows for hire within the City of Reedsburg
unless a license therefor shall first be obtained from the City Clerk-Treasurer
as hereinafter provided.
No such license shall be issued unless an application therefor
shall have been filed with the City Clerk-Treasurer upon a form prescribed
therefor, which shall include.
A. The name, home address and proposed business address of the applicant.
B. The location, description and hourly availability of the tow trucks
owned or operated by the applicant.
C. Available space the applicant has for properly accommodating and
protecting all disabled motor vehicles to be towed or otherwise removed
from the place where they are disabled.
D. Such other information as the City Clerk-Treasurer shall find reasonably
necessary to effectuate the purpose of this chapter and to arrive
at a fair determination of whether the terms of this chapter have
been complied with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An application for license or renewal hereunder shall be accompanied
with a fee of $27.50, or as amended from time to time by the Common
Council, regardless of the number of months such license may be valid.
All licenses shall expire on December 30 of each year.
The Common Council may not consider or grant a license to an
applicant who does not meet the following minimum requirements:
A. Own or exclusively lease for the license period two tow trucks, one
of which shall have a minimum of four-ton winch capacity and one of
which shall have a minimum GVW of 12,000 pounds and a minimum eight-ton
winch; a flatbed truck with a minimum GVW of 12,000 pounds and a minimum
eight-ton winch; a flatbed truck with a minimum GVW of 20,000 pounds
and a minimum four-ton winch with a compatible hydraulic combination
of eight tons may be substituted. Each truck shall be equipped with
a two-way commercial radio, lights and such other safety devices as
will comply with Ch. 347, Wis. Stats., a rubber tow sling, a dolly,
100 feet of tow cable and equipment for cleaning up glass and debris
at an accident scene. City assignments must be given top priority
as a condition of holding a license.
B. Ownership or exclusive lease for the license period of a storage
lot as herein defined.
C. The principal place of business and storage lot must be within seven
miles of the center of the City of Reedsburg.
D. Execution of an indemnity and hold harmless agreement protecting
the City from the payment of any claims for property damage, personal
injury or death and from all expenses, attorney's fees and court costs
associated with such claims resulting from or arising out of the licensee's
operation under this chapter, including, but not limited to, the towing
and storage of vehicles.
E. Proof of a licensed carrier authority from the State of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F. Towing equipment which is adequate to perform towing services in
a reasonable and workmanlike manner.
G. Certificates of insurance providing a minimum of 10 days' written
notice to the City before any such policy is amended or canceled,
which shows statutory workers' compensation coverage of employees,
insurance on the tow trucks written in comprehensive form, providing
minimum limits of bodily injury liability and property damage liability,
as required by the State of Wisconsin for obtaining carrier authority,
and which shows protection of the City and the licensee against all
claims arising from injuries to persons or damage to property of others
arising out of any act or omission of the licensee or its agents relative
to performance of work for which the license is granted.
H. Proof of law enforcement authority from the State of Wisconsin should
such authority be provided for by the state.
I. A statement that the applicant is not directly or indirectly financially
interested in any other such license issued under this chapter.
J. The licensee shall, at all times, be solely responsible for the conduct
of its employees.
K. Each licensee shall keep and maintain adequate and complete records
showing all vehicles towed, stored and released, all services rendered
and all fees charged and collected. All records shall be available
for inspection by the City at any time during normal business hours.
The vehicle owner or other party contracting or benefiting from such towing services shall be responsible to the tower for the charges specified in §
565-6 above.
Wreckers shall perform towing services for the City on a rotation
basis from a list administered by the Police Department. When the
owner or driver of a disabled vehicle indicates a preference of a
specific licensee, that licensee shall be called, and no tow truck
shall be assigned from the rotating list. In the event that a licensee
called does not respond as quickly as is necessary, in the opinion
of the police officer in charge at the scene of an accident or other
emergency, the police officer may call another licensed tow truck.
At no time shall it be more than 20 minutes from the time the licensee
is called.
No wrecker shall intercept police calls by shortwave radio.
Towing service must be provided 24 hours a day, each and every
day of the year. The failure of a licensee to perform licensed services
shall be grounds for revocation or suspension of this license. Any
licensee who fails to respond to or accept three calls during any
license year may be called before the Common Council to explain such
failure. If such failure is not justified, the licensee shall be put
on probation for the balance of the license year. Any further failure
to perform services during the same license year shall be grounds
for suspension or revocation of the license.
A license issued hereunder shall not be transferred or assigned
to another person or business.