Cross reference—Licenses and business regulations
generally, Ch. 16; traffic, Ch. 28.
Editor's note—Ord. No. 99-01, § 1, adopted March 3, 1999, repealed former Chapter 27, §§ 27-1—27-44, and enacted in lieu thereof provisions pertaining to the same subject matter included herein as new Ch. 27, §§ 27-1—27-8. Said former Ch. 27 was derived from Code 1957, §§ 47.01—47.14 and Ord. No. 1459, adopted October 20, 1971; Ord. No. 1478, adopted December 22, 1971; Ord. No. 1493, adopted March 15, 1972; Ord. No. 73-13, adopted March 14, 1973; Ord. No. 74-57, adopted December 18, 1974; Ord. No. 81-69, adopted September 9, 1981; Ord. No. 87-26, adopted June 24, 1987 and Ord. No. 93-23, adopted August 25, 1993.
It is the intent of this chapter to prescribe the basic regulations
for the operation of tow cars or tow trucks in situations where police
investigations or public safety are at issue. It is the purpose of
the city council in enacting this chapter to provide a fair and impartial
means of selecting towing companies to provide such services to the
police department and on behalf of the public. In enacting this chapter,
the city council does not intend to regulate on-demand tows, except
in cases where the police department determines there is an interest
in protecting the public safety.
(Ord. No. 99-1, § 1, 3-3-99)
For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section.
shall mean the towing of vehicles at the direction of the
police department when the consent of the vehicle owner to tow the
vehicle is not required under existing law, including the towing of
motor vehicles which are illegally parked, abandoned, are evidence
of a crime, or are otherwise subject to the authority of the police
department.
shall mean the towing of a vehicle by a specific tow company
which has been requested by the vehicle owner or operator.
shall mean the towing of a vehicle by the police department
at the request of the vehicle owner or operator, when the vehicle
owner or operator waives his or her right to name a specific towing
company to remove the vehicle from the public way, and when the police
department believes there is an interest in public safety in having
the vehicle removed from public streets.
shall mean any company or organization formed for the purpose
of providing services related to the towing of motor vehicles.
shall mean a motor vehicle which has been altered or designed
or equipped for and exclusively used in the business of towing vehicles
by means of a crane, tow bar, tow line or dolly or is otherwise exclusively
used to render emergency assistance to other vehicles. A "roll-back
carrier" designed to carry up to two vehicles is also a tow truck.
shall mean the driver of the vehicle used for towing another
motor vehicle.
(Ord. No. 99-1, § 1, 3-3-99)
(a)
The
chief of police or his or her designee shall enter into contracts
for the provision of towing services for Impound tows and Referral
tows.
(b)
Prior
to selecting any company to provide towing services to the police
department, the chief of police shall develop a request for proposals
which sets forth the criteria which will be used for selection, and
which provides a draft of the proposed contract.
(c)
In
selecting a company or companies to provide towing services, the chief
of police may consider a company's proposed quality of service, potential
income to the city, the length and nature of the applicant's experience,
the applicant's financial responsibility, and any other factor which
will safeguard the public interest.
(d)
Any
contract for towing services shall be for a definite time period,
between one and five years. The contract shall be reviewed and renewed
at the end of each term at the discretion of the chief of police and
the city council.
(Ord. No. 99-1, § 1, 3-3-99)
Any contract for towing services must contain the following:
(a)
Provisions
to guarantee consistent and timely performance from the towing company,
and to ensure the safety of public streets.
(b)
A
requirement for towing companies to provide adequate proof of general
liability, automotive liability, and workers' compensation insurance,
in an amount and insurance-industry rating which meets the satisfaction
of the city attorney.
(c)
An
obligation for towing companies to maintain service and financial
records and to make them available for audit by the city at any time
upon reasonable advanced notice.
(Ord. No. 99-1, § 1, 3-3-99)
(a)
With
the exception of impound tows, the owner or operator of a disabled
vehicle must be offered the opportunity to request the tow company
of his or her choice to remove the vehicle from the public way.
(b)
If
the police department determines that the towing company requested
by a vehicle owner in an on-demand tow will not be able to remove
the vehicle from the public roadway within a reasonable amount of
time, the police department shall have the right to clear the vehicle
from the roadway in the interest of public safety, by having the vehicle
towed by any other towing company. In determining the amount of delay
which is reasonable, the police department shall consider the traffic
volume, weather conditions, time of day, the location of the damaged
vehicle, the condition of the roadway, and any other relevant factors
which exist at the time of the accident.
(Ord. No. 99-1, § 1, 3-3-99)
In addition to meeting all requirements of this article, each
towing company doing business in the city must obtain and maintain
a valid city business license to operate a towing business.
(Ord. No. 99-1, § 1, 3-3-99)
The police department shall be authorized to receive written
complaints from citizens wishing to report a suspected violation of
this chapter, or a violation of any contract between the city and
a towing company. Any such complaint may form the basis for suspension,
cancellation, or non-renewal of a towing contract or license agreement.
(Ord. No. 99-1, § 1, 3-3-99)
Any towing company aggrieved by the chief of police's decision
to deny a towing contract or license agreement under this chapter
may appeal to the city council within 10 days after receiving notification
of the chief of police's decision. A request for appeal must be filed
with the city clerk, and a hearing before the city council will be
scheduled within a reasonable time after the filing of the appeal.
(Ord. No. 99-1, § 1, 3-3-99)
