The rules and regulations governing tow companies in the city of Port Orchard providing official tow services for the city are established as set forth in this chapter.
(Ord. 002-24 § 2 (Exh. A))
(1)
This chapter is enacted as an exercise of the police power of the city of Port Orchard to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
(2)
The city needs the services of one or more privately owned tow companies to provide the public and the city's police department with prompt, safe, reliable, and responsive vehicle towing and storage services.
(3)
The city's needs are best met by establishing a rotational program that allows the city or its service provider(s) to dispatch one or more of the tow contractors on a rotational basis among tow service providers under tow service agreements with the city.
(4)
The city has enjoyed success in awarding service agreements by using competitive procedures, delivering high-quality, responsive, and dependable services to the community. It is in the city's best interests to award one or more official tow services agreements through a competitive process.
(Ord. 002-24 § 2 (Exh. A))
For purposes of this chapter, the following words and phrases have the meanings ascribed to them unless the context otherwise requires:
means the removal of a vehicle to a storage facility either by an officer or authorized agent of the city of Port Orchard police department or by a towing contractor in response to a request from an officer or authorized agent of the city of Port Orchard police department.
means a towing company having a contractual relationship with the city of Port Orchard to provide towing services to the city. Any corporate entity owning or controlling one or more tow companies shall be considered a single company for the purposes of rotation.
means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or an entity, however organized.
means the chief of police for the city of Port Orchard, or the designee of the chief of police.
is a motor vehicle which has been altered or designed and 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 assistance to other vehicles.
means a vehicle hauled, pulled, or transported by a tow truck.
means roadside assistance, towing, storing, lien selling or related operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally parked vehicle.
shall have the definition set forth in RCW 46.04.670, and, in addition, shall include any junk vehicle as defined in RCW 46.55.010(4) as they currently exist or may thereafter be amended.
(Ord. 002-24 § 2 (Exh. A))
Official tow service providers for the city of Port Orchard shall be selected using an open, competitive process, consistent with state law and the city's procurement policies, as may be amended.
The police department is authorized to establish and maintain a list of licensees who are qualified for police impounds. Each official tow service provider selected, upon execution of a written agreement with the city, shall be placed on the rotational list in an initial order to be determined by the police chief or designee. Official tow service providers shall be called, in turn, in response to a city request.
(Ord. 002-24 § 2 (Exh. A))
Each official tow services provider selected by the city shall enter into a written agreement with the city in a form acceptable to the city attorney. The agreement shall include, at a minimum, the following provisions:
(2)
On-call tow companies shall have available to the city of Port Orchard at all times at least one Class "A" tow truck and one Class "B" tow truck with a response time of 25 minutes or less. The tow company shall also retain a sufficient number of tow truck operators to handle all service requests of the Port Orchard police department 24 hours per day, seven days per week.
(3)
Tow trucks used in response shall comply with the minimum equipment standards for tow trucks as set forth in WAC 204-91A-170 or as may be subsequently amended. The tow trucks shall not be considered for use in response until inspected by the appropriate state of Washington agency and awarded the state decal showing approval.
(4)
In addition to minimum standards set forth in WAC 204-91A-170, the following are required:
(a)
Tow truck interior and exterior will be reasonably clean; and
(b)
Tow truck drivers will clean accident/incident scenes of all glass and debris unless otherwise directed by a law enforcement officer; and
(c)
All equipment used in conjunction with a tow truck must be commensurate with the manufacturer's basic boom rating; and
(d)
All tow trucks shall display the firm's name, name of city in which trucks operate, and telephone number.
Such information shall be painted on or permanently affixed to the vehicle.
(5)
Each towing company must arrange for its offices and impound lot to be manned and open for an eight-hour period each day during normal business hours. This may be any eight hours between 7:00 a.m. and 7:00 p.m., except weekends and holidays.
(6)
Response Time.
(a)
On request from the Port Orchard police department, the tow company shall immediately dispatch the number of requested tow trucks.
(b)
If a tow truck cannot be immediately dispatched, the tow company shall immediately notify the Port Orchard police department.
(c)
In the event the tow truck does not respond within a reasonable time, 25 minutes unless conditions dictate otherwise, or cannot respond, the Port Orchard police department may select another tow company on the city rotational towing list, or, if not available, a tow company of its choosing.
(d)
The responding tow truck(s) shall remove only those vehicles designated by the Port Orchard police department and only when advised to do so. Abandoned vehicle tows that do not interfere with the use of the roadway will be towed at a time agreeable to both the tow company and the city, but shall not exceed 72 hours.
(e)
Vehicles determined to be hulk/junk vehicles in accordance with state statutes will be deemed so by the city at the time of initial tow.
(7)
Storage Areas.
(a)
Secure areas and storage areas must be fenced as per WAC 308-61-026(2) and 308-61-158(5), protected from accessibility by unauthorized individuals, and located so that vehicles therein will not be damaged by vandals.
(b)
The city of Port Orchard shall not be liable for any theft, vandalism, or damage occurring to any stored vehicle or its contents.
(8)
Towing and Storage Fees and Charges.
(a)
Towing fees shall not exceed the allowable rate established by WAC 204-91A-140. Allowable towing and storage fees shall be adjusted annually as set forth in WAC 204-91A-140(2) and as adjusted on October 15th of each year by the Washington State Patrol.
(b)
Any policy the tow operator may have for charging less than the rates listed above for services performed as a result of a private call shall be applied equally to Port Orchard police originated calls.
(c)
There will be no extra charges billed for an investigating officer inspecting a towed or impounded vehicle after hours.
(d)
On towed or impounded vehicles there will be no storage charges billed for the first 12 hours that the vehicle is held. After the first 12 hours the regular storage rates will apply.
(9)
Preparation of Bills. Every tow operator, his agent or employee, after towing a vehicle shall prepare a bill in duplicate, the original of which shall be given to the registered owner of such vehicle or their authorized representative, and a copy retained by the operator at their place of business for a period of at least one year and shall be exhibited to the Port Orchard police department upon demand. The bill shall contain the following:
(a)
The name, address, and telephone number of the tow truck company;
(b)
The name and address of the person calling for and engaging the tow truck;
(c)
License number and description of the vehicle towed, such as year, make, model and color;
(d)
The company number of the tow truck used;
(e)
Itemized and total amount charged for towing and storage, and time and place from which towing commenced and terminated.
(Ord. 002-24 § 2 (Exh. A))
Tow truck operators shall not solicit tows at scene of an accident/incident without first determining whether towing assistance has already been requested. If the request has been made, there shall be no solicitation, provided, however, any operator may render assistance without charge at the scene of an accident/incident to clear a public street or highway.
(Ord. 002-24 § 2 (Exh. A))
Nothing in this chapter shall proscribe the city from contracting with one or more tow operators for tow services requested by the police and/or providing such towing services with city personnel and equipment. It is the intent of this chapter to establish certain requirements for tow business licensees and those licensees authorized to do police impounds, but not to vest any specific rights to perform impounds or other city-requested towing services.
(Ord. 002-24 § 2 (Exh. A))
(1)
Any tow company responding to calls from the city of Port Orchard shall be required to abide by all RCW, WAC, and these amended rules and regulations. Any violations shall be grounds for revocation or suspension of the company's placement on the Port Orchard rotational towing list.
(2)
No tow company shall perform vehicle towing at the request of the city unless the person is an official tow services provider.
(3)
If a tow company fails to respond or fails to respond within the response time requirements of this chapter requested by the Port Orchard police department or the city during any 30-day period, the police chief may request a report or other information from the towing company justifying those periods of unavailability. If a satisfactory justification is not supplied, the police chief may revoke or suspend the tow operator's placement on the Port Orchard rotational towing list.
(4)
No tow truck provider shall refuse to respond to any emergency call for tow truck service upon any grounds of possible inability to pay on the part of the person or persons needing tow truck service. For the purpose of this section, the term "emergency call" is defined as one involving or potentially involving injury to a person or persons. Any violation of this section shall be grounds for revocation or suspension of the company's placement on the Port Orchard rotational towing list. Nothing in this section shall be construed to make the city of Port Orchard liable for costs of the tow truck service.
(Ord. 002-24 § 2 (Exh. A))