[HISTORY: Adopted by the City Council of the City of Haverhill as
indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 22-5 through 22-8 of the 1963 City Code (Ch. 242,
Art. I, of the 1980 Code)]
It shall be the duty of the Police Department to respond to all calls
relating to motor vehicle accidents occurring on the City streets and ways
and to remove or cause to be removed to some convenient place any vehicle
found on such streets and ways in such manner as to impede traffic or in violation
of any rule or regulation which prohibits the standing of vehicles on such
streets and ways.
The Police Department shall apportion the work of removing and storage of the vehicles referred to in § 242-1 equally among such garage owners in the City as shall apply therefor, provided that they have permits issued by the Department of Public Utilities as contract carriers by motor vehicle and have suitable premises for the storage and care of such vehicles and, further, agree to provide continuous twenty-four-hour service.
The owner of a vehicle removed by the independent contractor so selected
by the Police Department shall be liable to the contractor for the cost of
the removal and storage of such vehicle at a rate prescribed by the Department
of Public Utilities. The contractor shall be liable to the owner of such vehicle
for any damage caused to it arising out of negligence in the conduct of such
removal or storage.
Neither the removal nor the storage of a vehicle shall be deemed to
be services rendered or work performed by the City or the Police Department.
[Adopted 6-24-1980 by Doc. 19-B
(Ch. 242, Art. II, of the 1980 Code)]
Any individual, partnership, corporation, trust or other entity, (hereinafter
called "company") engaged in the storage of towed motor vehicles of any kind
whatsoever, whether for itself or for others in the course of its business,
partially or wholly, shall be subject to the following rules and regulations.
The company must be licensed by the Department of Public Utilities of
the Commonwealth of Massachusetts for towing of motor vehicles pursuant to
Chapter 159B of the Massachusetts General Laws.
The company must apply to the License Commission for a license to store
towed motor vehicles, and no such license shall be issued by said License
Commission until approval of the application therefor has been given in writing
by the Mayor, the Chief of Police and the Building Inspector. The License
Commission shall have the authority to promulgate and impose other requirements
upon applicants to the extent such requirements do not conflict with the provisions
of this chapter. The license period shall be January 1 through December 31,
and licenses shall be renewed annually upon application therefor by the company.
The premises used by a company to store towed motor vehicles shall comply
with all zoning ordinances and have such storage area fenced with a chain
link fence of at least six feet in height and with sufficient area to store
at least 25 motor vehicles. All storage areas shall be properly screened so
that the towed motor vehicles are not visible to or from public view.
Any company which violates the rules and regulations herein stated or
any further requirements promulgated and imposed by the License Commission
shall have its license to store towed motor vehicles revoked by the License
Commission.
The following rules and regulations shall in addition to the above rules
and regulations apply to any company storing towed motor vehicles on behalf
of the City:
A.
Each company shall make itself available on call and
shall agree to be on call for a minimum period of 24 hours.
B.
Whenever a company is called upon to tow and store vehicles,
it shall do so to a location requested by the owner or operator of the vehicle
being towed. In the event this is not feasible in that the owner or operator
either refuses or neglects to name a location, then the City shall have such
vehicle towed to a location designated by it.
C.
The rates of towing for any vehicle within the limits
of the City of Haverhill shall be those prescribed by the Massachusetts Department
of Public Utilities in accordance with their rules and regulations and as
subsequently amended.
D.
A company shall be notified in advance by the Police
Department that it is on call to tow and store motor vehicles on a given week,
and the company so notified will be responsible for towing and storing all
motor vehicles required to be towed and stored in the week designated by the
Police Department.
E.
Each company shall have claim to towing tickets in triplicate
on a form. At the time of the towing, the original ticket shall be retained
by the company, the duplicate ticket shall be given to the owner or operator
of the motor vehicle being towed and the triplicate shall be left with the
proper authorities at the police station.
F.
Daily storage charges shall be those prescribed by the
Massachusetts Department of Public Utilities in accordance with its rules
and regulations and as subsequently amended.
[Amended 2-22-1983 by Doc. 44]
G.
The applicant for a license to store towed motor vehicles
on behalf of the City shall be required to show evidence to the satisfaction
of the License Commission of liability insurance to cover stored vehicles.
H.
Each company shall deliver to the License Commission
a copy of its Department of Public Utility towing sticker.
[Added 1-27-1990 by Doc. 163]
I.
Each company shall deliver to the License Commission
a copy of its certificate of registration for each of its vehicles that are
performing towing services within the City.
[Added 11-27-1990 by Doc. 163]
J.
Each company shall deliver to the License Commission
a copy of its certificate of insurance covering each of its motor vehicles
that are performing towing services within the City.
[Added 11-27-1990 by Doc. 163]
K.
Each company licensed hereunder shall have and maintain
only one storage yard for the storage of towed vehicles. Each such storage
yard shall be for the sole and exclusive use of the company licensed hereunder
and shall be used only for the storage of towed vehicles.
[Added 11-27-1990 by Doc. 163]
L.
No person or entity shall hold a beneficial or other
interest, direct or indirect, in more than one company holding a license to
store towed motor vehicles.
[Added 11-27-1990 by Doc. 163]
