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Home My WebLink AboutO-1776 - Adds Ch. 11.37, tow truck businesses used by the city (11.37)········.~AA;<, ~MsRG lP~ I c:o-wJ-.CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./770 AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A NEW CHAPTER 11.37 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO THE USE OF TOW TRUCK COMPANIES FOR POLICE IMPOUNDS AND POLICE REFERRALS. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: A new Chapter is hereby enacted in the Marysville Municipal Code as follows: CHAPTER 11.37--TOW TRUCK BUSINESSES USED BY THE CITY. 11.37.010.Purpose.The purpose of this Chapter is to provide for impartial referral of City business to tow truck operators who are best qualified to serve the interests of persons within the city limits.This Chapter supplements the regulation of tow trucks and tow truck operators by the Washington State Department of Licensing and the Washington State Patrol pursuant to Chapter 46.55 RCW.Any incon- sistencies between State regulations and this Chapter shall be resolved in favor of the State regulations. 11.37.020.Definitions. (1)"Police Department"means the City of Marysville Police Department,and any of its uniformed Officers, inclUding on-duty reserve officers. (2)"Tow truck operator"means any person who engages in the impounding,transporting or storage of unauthorized, or the disposal of,abandoned vehicles. (3)"Tow truck"means a motor vehicle which is equipped for and used in the business of towing vehicles with equipment as approved by the Washington State Patrol. (4)"Tow truck business"means the transporting upon public streets and highways of the city of vehicles, together with personal effects and cargo,by a tow truck of a registered operator. 11.37.030.List of Oualified Tow Truck Operators. (1)The Police Department shall establish and maintain a list of tow truck operators who meet the qualifications of this Chapter and who are willing to accept police impounds ORDINANCE - 1 and police referrals sUbject to the conditions of this Chapter. (2)Whenever police officers are called upon to impound a vehicle or refer a vehicle owner to a tow truck operator,the officers shall use the Police Department list of qualified tow truck operators referred to herein.The officers shall impartially rotate through all operators on the list and shall attempt to provide an equal amount of business to all such operators.Provided,that nothing herein shall be construed as granting any tow truck operator a vested right to do police impounds or other police-related towing services. (3)Nothing herein shall preclude any vehicle owner from requesting services from a tow truck operator of said owner's choice,unless,in the opinion of the Police Department,the accommodation of such request would result in undue delay or the maintenance of a hazardous situation or condition. (4)The list of qualified tow truck operators shall be reviewed by the Police Department at least annually to determine if the operators are still in compliance with the requirements of this Chapter.A willful violation of any of the requirements of this Chapter shall be cause for the Police Chief to suspend a tow truck operator from the list. written notice of such suspension,and the terms thereof, shall be immediately sent to the tow truck operator.If any tow truck operator suffers three (3)or more suspensions, the Police Chief may permanently remove said operator from the list.A suspension or removal from the list is SUbject to appeal as provided in section 11.37.060 below. section 11.37.040.Oualifications.In order to qualify,and to maintain qualification,for the Police Department's list,a tow truck business must comply with or satisfy the following requirements: (1)The tow truck business must hold a current business license from the City of Marysville. (2)The tow truck operator must have a current registration with the Department of Licensing. (3)The tow truck business must have a registered office address within Tow Truck Zone 5 as established by the Washington state Patrol. (4)The tow truck business must maintain a secure storage/redemption yard within Tow Truck Zone 5 as established by the Washington state Patrol.Such storage/ ORDINANCE - 2 redemption yard shall comply with the Department of Licensing requirements for registered disposers (WAC 308-61- 110).All vehicles impounded within the city of Marysville must be taken to said yard unless otherwise requested by the vehicle owner.Repeated losses or thefts of property from stored vehicles may result in suspension or removal of the tow truck operator from the Police Department's list. (5)The tow truck business must have at least two tow trucks available for Marysville business;provided,that any tow truck business which otherwise qualifies under this Chapter on May 1,1990 shall have a period of one year thereafter to acquire a second tow truck.Said tow trucks shall have a minimum manufacturer's gross weight of 10,000 pounds and shall be equipped with dual tires on the rear axle or duplex-type tires,sometimes referred to as super single,with a load rating that is comparable to the dual- tire rating.The tow trucks shall meet all regulations of the Department of Licensing. section 11.37.050.Practices and Procedures.In order to continue its qualified status on the Police Department's list,a tow truck operator shall comply with the following practices and procedures with respect to all business obtained through Police Department calls or referrals: (1)The tow truck operator must consistently abide by the fee schedule filed with the Department of Licensing and there shall be no supplemental fees or additional charges which do not appear on said schedule. (2)The response time between the initial telephone call from the Police Department to a tow truck operator,and the arrival of the tow truck at the location of a vehicle within the City,shall not exceed 18 minutes between the hours of 8:00 a.m.to 5:00 p.m.,and shall not exceed 25 minutes between the hours of 5:00 p.m.to 8:00 a.m.If for any reason a tow truck operator is unable,or fails,to respond within said time limits,it may forfeit its turn on the rotation list and the Police Department may contact another tow truck operator.consistent refusal or failure to respond to calls from the Police Department may result in suspension or removal from the list. (3)A tow truck operator shall advise the Police Department when it receives a private call for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other ORDINANCE - 3 such incident on a pUblic roadway,or when an accident or incident on private property has resulted in bodily injury or death. (4)A tow truck operator will notify the Police Department before moving any vehicle involved in an accident or incident on a pUblic highway,or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs or is otherwise incapacitated. (5)When the Police Department is in charge of an accident scene or other such incident,a tow truck operator shall not respond to such scene unless its serV1ces have been specifically requested by the Police Department or by the driver/owner or his agent. (6)The tow truck operator shall be available 24 hours a day for the purpose of receiving calls and releasing vehicles. (7)The tow truck operator shall notify the Police Department of the release of impounded vehicles within 24 hours after the release of such vehicles. Notification to the Police Department will be made in such manner as is prescribed by the Chief of Police. (8)The interiors of the tow trucks will be reasonably clean. (9)Tow truck drivers will clean accident/ incident scenes of all glass and debris. (10)All equipment used in conjunction with a tow truck must be in compliance with the manufacturer's basic boom rating. 11.37.060.Apeals.If the Police Chief suspends or removes a tow truck operator from the city's list, as provided in this Chapter,written notice of the same shall be immediately sent to the tow truck operator. The suspension or removal shall not be effective for a period of ten days following the date thereof.If, within said ten-day period,the tow truck operator files a written appeal with the City Clerk,the effectiveness of the order of suspension or removal shall be stayed until the city council holds a hearing on said appeal.The tow truck operator shall be given notice of the hearing date.The City council may affirm,modify or reverse an order of suspension or removal.The decision of the city council shall be immediately effective and shall be final. ORDINANCE - 4 ~PASSED by the Ci1t y Council and APPROVED by the Mayor this ;23 day of fieri ..,1990. / Attest: Approved as to form: CITY OF MARYSVILLE By &&~~ Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 5 '1-30-90