[Amended 10-16-2000; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Applications for inclusion on the official towers'
list shall be made to the City Clerk/Treasurer upon a form prepared
by the Chief of Police and approved by the Corporation Counsel and
shall contain the following information:
A. The name, date of birth, residence and business address
and business telephone number of the owner of the towing company.
If the owner is a corporation, the application shall contain the name,
residence and business address and telephone number of every stockholder
owning more than 25% of the issued stock. The name, date of birth
and residence of any operator of the towing vehicle or vehicles.
B. Such information as may be required by the Chief of
Police concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, demonstrating that the
applicant meets the minimum standards of performance required by this
chapter.
C. A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
D. The names and addresses of two business references
who have known the applicant for at least two years.
E. Certification that the applicant will be able to provide
towing services anywhere within the City of Jamestown with a maximum
response time of 20 minutes following requests for service, except
when extraordinary circumstances beyond the control of the applicant
occur.
F. Certification that the applicant will be available
for service on business premises 24 hours a day and that the applicant
will abide by the fees contained in or referred to in this section.
Qualifications for inclusion on the list of
official towers shall require that applicants for the license required
herein meet the following minimum performance standards:
A. Minimum vehicle requirements.
(1) Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle or wrecker.
(2) Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel-lift assembly and possess at least 100 feet of
either three-eighths-inch or seven-sixteenths-inch cable attached
to a motor driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3) All equipment shall comply with all applicable state
and federal regulations as such pertain to the vehicles utilized by
the applicant for the business of providing towing or wrecker services.
(4) Each applicant shall submit, with his, her or its
application, proof of ownership or lease of the vehicles which will
be used to provide the services pursuant to this chapter.
B. Minimum equipment requirements.
(1) Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicle, visible
from 360º when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Amber colored safety tow lights or magnetic
tow lights for towing vehicles at night.
(d)
Extra chains for pulling or securing a towed
vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar illuminated warning devices for placement at the scene of
an accident or behind a disabled vehicle and 10 pounds of dry sand
or a drying compound for gasoline and oils spilled onto the roadway.
(2) Every tow vehicle or flatbed vehicle shall comply
with all state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made to said vehicles or equipment
unless prior written approval is obtained from the City of Jamestown.
(3) Every tow vehicle or flatbed vehicle shall display
an official tower's license and shall have the name of the official
tower displayed on the vehicle.
C. Minimum storage requirements.
(1) Every official tower shall maintain inside or outside
storage areas meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of four passenger vehicles.
(b)
The location of the storage area shall be within
the limits of the City of Jamestown or at such location outside the
City of Jamestown as to facilitate reasonable towing distance.
(c)
The storage area shall be in an area legally
zoned for such use.
(d)
The storage facility shall be made available
24 hours per day, 365 days per year for vehicle recovery by the owner
thereof upon payment of towing charges, storage fees and other charges
constituting a garagemen's lien.
(e)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(2) The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter and shall be liable for any damage incurred by such vehicles
while being prepared for towing or removal, while in transit or while
stored in storage areas. By acceptance of a license and designation
as an official tower, the tower agrees to all terms and provisions
of this chapter, acknowledges comprehension of the terms and provisions
of this chapter and assumes sole liability for any and all damages
incurred by motor vehicles in the course of being prepared for towing
or removal or being towed or stored by the official tower, and the
official tower, accordingly, shall indemnify and hold harmless the
City of Jamestown, its employees, officers and agents from any and
all property damage liability resulting from the official towers'
removal, towing or storage of a motor vehicle, including, but not
limited to, the costs of reasonable attorneys' fees and other such
expenses.
As used in this chapter, the following terms
shall have the meanings indicated:
TOW TRUCK, WRECKER or FLATBED TRUCK
A commercial motor vehicle capable of removing from a location
any damaged, disabled, hazardous or illegally parked motor vehicle
by means of pulling, carrying or towing such motor vehicle to another
location.
Violations of the provisions of this chapter shall be punished as provided in Chapter
1, General Provisions Article
I, Penalties.