[Ord. No. 3318, 12-17-2018]
The following terms shall have these defined meanings within
the context of this Chapter.
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.
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.
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.
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; Ord. No. 3377, 5-18-2020]
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,
on or before the first day of January 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.
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.
