[HISTORY: Adopted by the Council of the City
of Pawtucket, approved 4-20-1989 by Ch. No. 2069; amended in its entirety 2-22-2018 by Ch. No. 3153. Subsequent amendments noted where applicable.]
The Director of Public Safety is authorized to adopt and promulgate
rules and regulations for towing service companies to perform tow
services for the City of Pawtucket and the Pawtucket Police Division.
The rules shall be set as policy, but shall be subject to any applicable
local ordinances and state law. The policy shall include, but is not
limited to, the following:
A.
Application conditions.
B.
Certificate of operating authority.
C.
Rules regarding referral of repair work.
D.
Rules regarding the surrender and release of vehicle; posting of
towing charges.
E.
Notice to police of towed vehicles.
F.
Keeping of record book and release forms for towed vehicles.
G.
Parking restrictions.
H.
Towing rates for nonoperational and abandoned vehicles.
No person or company (whether providing towing services or otherwise)
shall be considered for or placed on the City's list of tow companies
approved by the Director of Public Safety, nor shall a towing company
currently on the list be allowed to remain on the list, unless said
person or company holds and maintains in good standing a certificate
of operating authority as issued by the Rhode Island Division of Public
Utilities and Carriers.
A.
Each tow company agrees to hold a Rhode Island Division of Public
Utilities and Carriers certificate with an area of coverage, including
Pawtucket as an area, as a minimum of coverage.
B.
Ownership of a tow company or person on the City's approved
tow list must remain the same. Any change in ownership or corporate
structure must be approved by the Rhode Island Division of Public
Utilities and Carriers to ensure the certificate of operating authority
remains in good standing. To remain on said City's approved tow
list, the new owners must be approved by the Director of Public Safety
and then approved by the Pawtucket City Council in accordance with
the rules and regulations in the City's tow policy and the appropriate
City ordinance.
To be considered for approval by the Director of Public Safety,
an applying tow company or person shall comply with the terms, conditions
and provisions of the policy, which shall also apply to and be binding
upon companies and/or persons already on said approved tow list.
Formal application shall be made to the Director of Public Safety
for consideration on the approved list. Requirements for application
shall be included in the policy.
A.
To be considered or retained on the City's tow list, all taxes,
water bills, assessments, debts or charges of any kind due the City
of Pawtucket must be current.
B.
Upon being placed on the City's list of tow companies approved
by the Director of Public Safety, but prior to performing any tow
services for the City of Pawtucket or the Pawtucket Police Division,
each tow company or person must be approved by the Pawtucket City
Council to do business for the City of Pawtucket or the Pawtucket
Police Division.
C.
The Director of Public Safety, or designee, may require a periodic
recertification of all approved companies and/or persons on the tow
list to ensure that all requirements of this chapter or the policy
are continued to be met.
If an existing company on said City's authorized tow list
currently meets all requirements as to land area and equipment, has
its or his or her real estate property involuntarily condemned or
taken by eminent domain which results in said company's possessing
less than the required land area, such an occurrence will not automatically
result in said company's removal from the authorized tow list
for said reason. Nevertheless, said company shall have a grace period
of at least 60 days to show cause to the Director of Public Safety
at an informal hearing as to said company's continuing capability
and resources to continue the effective operation of the towing and
the storage of motor vehicles to the reasonable satisfaction of the
City.
Any tow company on said City's authorized tow list which
fails to adhere to or comply with the rules and regulations in the
City's towing policy, or with the pertinent ordinances, or state
law, or which shall violate or breach the same, then said tow company
shall be subject to be summoned and to attend a hearing to be conducted
by the Pawtucket City Council to show cause why said company should
not be suspended for a reasonable period or terminated and removed
from said authorized tow list. The company affected may be represented
by an attorney.
A.
The following penalties apply with respect to offenses against this
chapter:
(1)
First offense not involving criminal charges: a written or a temporary
suspension from the tow list not to exceed seven days.
(2)
Second offense occurring within a twelve-month period: temporary
suspension from the tow list not to exceed 60 days.
(3)
Violations or offenses exceeding the foregoing: long-term suspension
or removal from the tow list.
B.
Further, this section is not intended nor shall it be construed as
preempting or revising pertinent applicable City ordinances or state
law.
