HomeMy WebLinkAboutO-2147 - Amends Sec. 11.37.010 and 11.37.040, tow truck businesses (11.37)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;).N7
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
PROVIDING REGULATIONS FOR THE OPERATION OF TOWING
BUSINESSESAND TOW TRUCKSAND AMENDING MMC 11 .37.01 OAND
MMC 11.37.040.
WHEREAS,MMC Chapter 11.37 regulates tow truck
businesses used by the City and provides for regulations
relating to the qualification of tow truck businesses who
wish to appear on a list of qualified tow truck operators;
and
WHEREAS,the City's regulations relating to tow truck
businesses operating within the City contain no provisions
for tow truck operators other than those who wish to qualify
for placement on the City's list of qualified tow truck
companies;and
WHEREAS,under the present City Code,tow truck
businesses that wish to operate within the Marysville City
limits that are not on the qualified list of tow truck
operators to be used by the City are not required to have a
registered office address and storage yard within the
Washington State Patrol Zone No.5;and
WHEREAS,following public notice,a public hearing was
held by the Marysville City Council on August 11,1997 to
consider regulations relating to tow truck businesses
operating within the City whether qualified for the Police
Department's list or not and received testimony from City
staff and the tow truck industry;
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.MMC 11.37.010 is hereby amended to read as
follows:
11.37.010 Purpose of provisions.
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 and to
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provide for regulations relating to impound and
storage facilities for tow truck businesses whether
qualified for referral of City business or not.
This chapter supplements the regulation of tow
truck operators by the Washington State Department
of Licensing and the Washington State Patrol
pursuant to Chapter 46.55 RCW.Any inconsistencies
between state regulations and this chapter shall be
resolved in favor of the state regulations.
Section 2.MMC 11.37.040 is hereby amended to read as
follows:
11.37.040 Qualifications.
In order to qualify,and to maintain qualification,
for the police department's list or to conduct any
business within the city limits,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/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 qualified under this chapter on May 1,
1990,shall have a period of one year thereafter to
acquire a second tow truck.Such tow trucks shall
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have a minimum manufacturer's gross weight of
18,000 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.Tow
trucks shall meet all regulations of the Department
of Licensing.Provided,however,tow truck
businesses that do not wish to qualify for the
Police Department's list but otherwise wish to
conduct tow truck business within the city limits
shall not be required to have at least two tow
trucks available for Marysville business.
Provided,further,tow truck businesses who tow
vehicles at the request of the owner of said
vehicle shall not be required to comply with
paragraph 3 - 5 above.
Section 3.Except as otherwise amended by this
ordinance,MMC Chapter 11.37 shall remain unchanged.
PASSED by the City Council and APPROVED by the Mayor
this :22".(}day of September,1997.
CITY OF ~Y~VILLE
By ~M~
MAYOR
ATTEST:
/J:.~
By 'l1~ITYCLERK
Approved as to form:
~
CITY ATTORNEY
Date of Publication:~
Effective Date (5 days after publication):
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