[HISTORY: Adopted by the Town Council of the Town of Stratford 6-14-2010 by Ord. No.
10-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
196, Tow Trucks, adopted 10-10-1995 by Ord. No. 95-09, as amended.
A.
Permit. The Mayor or his/her designee shall issue not more than 10 permits per year to tow disabled, abandoned, stolen or nonregistered motor vehicles which are found within the limits of the Town to persons, partnerships, corporations or other entities which meet the requirements set forth in § 196-3 of this chapter.
B.
Lottery; application for.
(1)
If there are fewer than 10 permit holders, the Mayor or his/her designee, in his/her discretion, may conduct a lottery not later than February 21 of each year of those entities which meet the qualifications set forth in § 196-3 of this chapter for the purpose of filling any open permit spots for the coming permit year.
(2)
Any person, partnership, corporation or other entity interested in becoming a permit holder must submit an application for the lottery no later than February 10 of each year. Said application shall be in a form approved by the Mayor and submitted to the Police Department, together with all documentation required pursuant to § 196-3 of this chapter. No applicant will be eligible for the lottery if the documentation is incomplete.
(3)
If a lottery is held and an applicant is selected to fill an open
permit spot for the coming permit year, the applicant must pay a permit
fee in the amount of $2,500 prior to March 1. Said payment shall be
made by certified check and shall be nonrefundable. Failure of a new
permit holder to pay the permit fee in full prior to March 1 shall
result in the immediate revocation of the permit.
(4)
All current permit holders on the effective date of this amendment
shall be maintained on the eligible list if such permit holder satisfies
all other requirements set forth in this chapter.
[Amended 7-9-2012 by Ord. No. 12-19]
A.
A permit issued pursuant to this chapter shall be valid from March 1 through the last day in February of the following year, unless the permit is suspended or revoked pursuant to § 196-9 of this chapter.
B.
Each permit holder shall pay to the Town prior to the commencement
of the permit year on March 1 the full permit fee in the amount of
$2,000. Said payment shall be made by certified check and shall be
nonrefundable. Failure of a permit holder to pay the permit fee in
full prior to March 1 shall result in the immediate revocation of
the permit.
All permit holders must be in full compliance with the following
requirements during the term of the permit:
A.
All permit holders, including all partners of a partnership and all
officers of a corporation which are permit holders, shall be citizens
of the United States and of the State of Connecticut.
B.
Each permit holder shall provide proof of a valid Connecticut new
car dealer's license or a general repairer's license.
C.
Location requirements.
(1)
Each permit holder shall, during the period for which the permit
is valid, maintain a business location within the limits of the Town
of Stratford which shall include a covered storage space for a minimum
of seven automobiles of standard size and yard storage space sufficient
to store 20 automobiles of standard size, said space to be enclosed
by a steel, chain-link fence no less than six feet in height. The
storage area must be on the licenses premises. Open areas between
adjacent property lines or buildings shall be fenced in. A certificate
of zoning compliance shall accompany such application and such location
must be in compliance with all applicable state and municipal laws
and regulations throughout the duration of the permit.
(2)
An applicant or permit holder may share, co-own or lease a location for purposes of meeting the requirements set forth in Subsection C(1) of this section with any other applicant or permit holder, except that each applicant or permit holder shall individually meet the requirements set forth in Subsection C(1) of this section.
D.
Each permit holder shall have at least one wrecker and one flatbed
capable of carrying two vehicles. Said vehicles shall be registered
in the Town of Stratford. If requested of the permittee, a tow truck
or a flatbed shall be at the scene within 30 minutes of the call.
[Amended 4-11-2011 by Ord. No. 11-05]
E.
Each permit holder shall agree to indemnify and hold harmless the
Town of Stratford, the Stratford Police Department, and all officers,
employees, agents and officials of the Town of Stratford, from all
claims, expenses, attorney fees, charges, causes of action, suits,
defaults or judgment resulting from the negligence or alleged negligence
of the permit holder.
F.
Each permit holder shall be required to maintain general liability
insurance which shall include products, completed operations and personal
injury coverage with a minimum of $1,000,000 per occurrence, with
an aggregate of $1,500,000, and automobile liability with a minimum
of $1,000,000 combined single limit. The applicant for a permit shall
annex a copy of the insurance certificate to its permit application.
The permittee shall immediately notify the Mayor or his designee upon
notice of cancellation or termination of said insurance. In addition
to the permit holder, the certificate of insurance shall list the
Town of Stratford as an additional named insured. An applicant shall
also annex to its permit application proof that the applicant has
workers' compensation insurance.
G.
Each permit holder shall provide to the Police Department, before
March 1 of each year, a list of the name, address, date of birth and
Connecticut operator's license number of each person who is authorized
to operate the permit holder's tow truck. A permit holder shall
notify the Mayor and the Police Department within 24 hours whenever
a person listed is no longer authorized to operate the permit holder's
tow truck or when a new person becomes authorized to operate the permit
holder's tow truck.
H.
Each permit holder and each owner of real or personal property used in such permit holder's business, including without limitation, the owner of any location specified by the permit holder pursuant to § 196-3 herein, shall be current on all taxes due and owing the Town of Stratford. Any permit holder which is not current on all taxes due or owing the Town of Stratford shall have its permit suspended or revoked pursuant to § 196-9 herein. The Police Department shall provide to the Tax Collector and Tax Assessor a current list of permit holders no later than April 1 of each year.
All permit holders are required to enter into a written agreement with the Town of Stratford. Failure to enter into said agreement shall result in the revocation of the permit. Any permit holder which violates any provision of the agreement shall have its permit suspended or revoked from the date the violation is discovered pursuant to § 196-9 of this chapter.
Each tow truck owned or leased by a permit holder which will
be used by the permit holder shall be subject to inspection by the
Stratford Police Department. Only those tow trucks which are approved
by the Stratford Police Department and which have a certificate of
approval attached to them by the Stratford Police Department shall
be utilized by the permit holder when responding to a call.
Any change in ownership of any entity which holds a permit issued
pursuant to this chapter shall be reported to the Mayor and the Police
Department within 24 hours of such change.
The permit holders shall be called on a rotating basis as they appear on the call list established pursuant to § 196-1 of this chapter.
The Mayor or his/her designee shall develop a policy to be utilized
by the Town and by the permit holders in carrying out towing operations
within the Town of Stratford. The Mayor or his/her designee shall
submit the policy to the Town Council for approval. The Town Council
may amend the policy prior to approval.
Any permit holder which violates any provision of this chapter
shall have its permit suspended from the date the violation is discovered
until 30 days after the date the violation is corrected to the satisfaction
of the Mayor or his/her designee. Any subsequent violation of this
chapter in the same permit year shall result in the immediate revocation
of the permit from the date the subsequent violation is discovered
for a period of one year, after which the violator can reapply for
a permit only at the discretion of the Mayor.
