City of Pleasant Valley, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 3318, 12-17-2018]
The following terms shall have these defined meanings within the context of this Chapter.
DISABLED VEHICLE
A motor vehicle which is not capable of safe operation, for any cause, or one which is in condition to operate safely, but as to which there is no authorized operator present and permitted and able to drive so that it is reasonably necessary to use a tow vehicle.
STORAGE LOT
A vehicle storage lot completely enclosed by a chain-link fence not less than six (6) feet high sufficiently secured by gates and locks to prohibit intrusion of unauthorized persons.
TOW SERVICE
The operation of one (1) or more tow vehicles offering for a fee, or as a part of an auto salvage, auto repair or junk business, to pick up and remove from the streets of the City any disabled vehicle. Such operation must have a valid United States Department of Transportation number.
TOW VEHICLE
Any motor vehicle which is a wrecker, car carrier, rollback, or flatbed-type vehicle with a gross vehicle weight rating (GVWR) of at least ten thousand (10,000) pounds and is designed or equipped to, or does, in fact, provide any towing service, including, but not limited to, towing and pushing, for which a fee is charged as part of an auto salvage, or auto repair or junk business.
[Ord. No. 3318, 12-17-2018]
A. 
The provisions, requirements and prohibitions of this Chapter shall not apply to:
1. 
Tow vehicles owned or engaged by any governmental entity, including the Police Department of the City, in exercise of their official functions and duties.
2. 
Any person acting in an emergency situation and immediately to prevent death, bodily injury, or to extract a person from vehicular wreckage.
3. 
Those large tow vehicles of such size, design and equipment of large capacity for such purpose or otherwise when engaged in the movement or removal of tractor trailer vehicles, or any combination thereof having more than two (2) axles; and which are beyond the capacity of tow vehicles designed or equipped for the movement of vehicles having only two (2) axles.
4. 
Any tow vehicle owned and operated at the time by the owner or operator of a disabled vehicle.
5. 
Any tow vehicle called for service when the call was initiated by the vehicle owner/operator independent of a police investigation.
[Ord. No. 3318, 12-17-2018]
A. 
No tow service shall be authorized for placement on the rotational call list, unless the tow service shall have on deposit with the Chief of Police or their designee, proof of the following insurance policies issued by an insurance company authorized to do business in Missouri naming the City as a certificate holder; and providing the following coverage:
1. 
General liability insurance coverage of towed vehicles during towing in the amount of fifty thousand dollars ($50,000.00) per vehicle and one million dollars ($1,000,000.00) combined single limit.
2. 
Garage keepers insurance covering all vehicles stored at the towing services compound covering them against the perils of fire, explosion, theft, riot, vandalism and malicious mischief in the amount of fifty thousand dollars ($50,000.00) per vehicle and one million dollars ($1,000,000.00) combined single limit.
a. 
Such insurance coverage shall be evidenced by a certificate of insurance filed with the Chief of Police or their designee, including an endorsement requiring ten (10) days' notice to the City in the event of any material change to or cancellation of the policy.
[Ord. No. 3318, 12-17-2018]
A. 
The Police Chief or his/her designee shall establish a rotational call list for the purpose of removing vehicles involved in crashes or otherwise disabled vehicles on public streets and thoroughfares.
B. 
The rotational tow list shall be limited to tow service companies with the principal place of business located within Clay County, Missouri. The business address must be a physical address to which the tow service has a right of possession. For the purposes of this Section, a Post Office Box, PO Box, postal box, or mailbox service does not qualify.
[Ord. No. 3318, 12-17-2018]
Every tow service on the rotational call list shall prepare and file, with the Police Chief or their designee, a schedule of the maximum prices to be charged for the towing and storage of disabled vehicles removed by that tow vehicle; and which may be based upon type of service, time, mileage, or combination thereof; and shall include a minimum charge for any undertaking involving such towing and storage. Whenever any change is made in such maximum prices, a new schedule reflecting changes shall be filed in the same manner which shall not become effective until fifteen (15) days after filing. Annually, and on the first day of July of each year, each such tow service shall file such price schedule which shall remain in effect until supplanted by a new one on file.
[Ord. No. 3318, 12-17-2018]
A. 
All tow service businesses on the rotational call list shall comply with the following requirements and procedures:
1. 
If the occasion or occurrence of any accident or collision is at the time under investigation by Police Officers of the City, no disabled vehicle may be moved or removed from the site until released by the Police Officer conducting the investigation.
2. 
Each tow vehicle shall have on hand at least one (1) five-pound ABC fire extinguisher. At least one (1) backup of such fire extinguisher shall be kept at all times in the place where such tow vehicle is stored, in plain sight and easily accessible, and fully charged. Each employee in the place of storage, or operating such tow vehicle, shall be informed of the location of such fire extinguishers, and of the manufacturer's instructions for the use thereof.
3. 
It shall maintain or have access to a storage lot within Clay County which complies with the description in Section 645.010 herein above at all times.
4. 
Said storage lot shall be in compliance with all local zoning laws and regulations.
5. 
It must respond promptly to each request for tow service on a twenty-four-hour basis, seven (7) days a week. If, on account of a prior service call, it is not able to respond within such time, it shall inform the police dispatcher or person making the call of such inability to give opportunity for the request for service to be directed to some other tow service.
6. 
Maintain telephone service to receive and respond to calls for tow service twenty-four (24) hours per day, seven (7) days per week.
7. 
Maintain in-effect liability insurance as provided in Section 645.030 at all times.
8. 
Maintain at all times a driver/operator for the tow vehicle knowledgeable of its operation and use, and trained to safely handle disabled vehicles and their removal, without further damage to them, damage to other property, or injury to others.
9. 
It must completely remove from the site of any accident, collision, or other occurrence all resulting wreckage or debris, including broken glass, but not including cargos of trucks or vehicles, before leaving the site.
10. 
Any driver or operator of a tow vehicle, while engaged in the recovery or retrieval process of a vehicle, shall wear at all times a brightly-colored safety vest which meets ANSI/ISEA 107-2004, Class 2, Level 2 standards to help insure safety.
11. 
Towing services on the rotational call list shall not screen requests for service to accept only the most profitable calls.
12. 
The owner, or owners, and employee of any tow business on the rotational call list shall comply with all Federal, State, and municipal laws and regulations.
13. 
Towing businesses on the rotational call list shall not operate satellite stations under alternate names.
[Ord. No. 3318, 12-17-2018]
It shall be unlawful for any tow service to assert or claim any charge or fee for service cost exceeding the amount indicated on the schedule of prices on file as herein provided.
[Ord. No. 3318, 12-17-2018]
All tow service at the request of a private individual; the owner or operator of a disabled vehicle; or by Police Officer upon direction of such owner or operator, shall be at the expense of the owner and operator of the disabled vehicle.
[Ord. No. 3318, 12-17-2018]
A. 
Whenever it shall be shown or whenever the Police Chief or their designee has knowledge that any tow service operator and/or employee which is on the rotational call list, and the owner and operator thereof, has violated any of the provisions of this Section, said tow service may be suspended or removed by said Police Chief or their designee. The period of suspension or removal from the rotational call list will be at the discretion of the Police Chief or their designee.
1. 
Whenever it shall be shown, or the Police Chief or their designee has knowledge that the owner or operator of any tow vehicle on the rotational call list has violated any of the provisions of this Section, said Police Chief or their designee may remove the tow business from the rotational call list.
2. 
Prior to the revocation or suspension of standing on the rotational call list, the Police Chief or their designee shall give said tow business written notice of the complaint, charge or information upon which the suspension or removal may be based. The decision of the Police Chief or their designee to revoke or suspend a tow business standing on the rotational tow list may be appealed by written application to the Board of Aldermen, which is not required to hold further hearing, but may do so in its discretion, and the decision of the Board of Aldermen shall be final as to such suspension, revocation or modification thereof, subject to appeal to the Circuit Court of Clay County, Missouri, under Ch. 536, RSMo.
[Ord. No. 3318, 12-17-2018]
There shall be legibly printed in letters not less than one and one-half (1½) inches high on each side of each tow vehicle the name of the tow service and the telephone number of its dispatch office.
[Ord. No. 3318, 12-17-2018]
After a tow service picks up a disabled vehicle, it shall deliver the same to a storage lot for recovery by the owner upon payment of his/her scheduled fees and charges, provided, however, that if this tow service operator is satisfied with the assurance of the owner or operator of said disabled vehicle as to the payment of its scheduled fees and charges, it may deliver such disabled vehicle to such other point in the City of Pleasant Valley as said owner/operator may direct, or, upon further agreement, to such point outside the City as the tow service and said owner and operator agree. The towing of a vehicle to a location other than the storage lot within Clay County unless authorized by the owner or operator of the towed vehicle or a Police Officer is prohibited.
[Ord. No. 3318, 12-17-2018]
No tow service or tow vehicle may proceed to the site of a disabled vehicle unless responding to a call by the Police or the owner/operator of such vehicle. Such tow service and operators of such tow vehicles are also prohibited from any solicitation for the use of such services at the site of a disabled vehicle, whether by advertising, personal solicitation, or in any other manner. The presence of such tow vehicle at said site, without such previous request for its services shall be prima facie evidence of a violation of this Section. A violation of this Section by a tow service on the rotational call list may be cause for removal from said list.
[Ord. No. 3318, 12-17-2018]
If any word, phrase, sentence or other term or provision of this Chapter shall be found to be invalid and unenforceable, and so declared by final judgment of court of final jurisdiction, it shall be severable from the remainder and the remainder shall continue in full force and effect.
[Ord. No. 3318, 12-17-2018]
Any person violating any of the provisions of this Chapter will be deemed guilty of a misdemeanor, and upon conviction thereof, will be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), may be imprisoned for not more than ninety (90) days, or may be punished by both fine and imprisonment.