HomeMy WebLinkAbout3571 ~' ~ ~"~i s tri buti on:
· Attorney
Police Dept. (6 cys)~
Bremerton Sun~
ORDINANCE NO.
AN ORDINANCE establishing the City
- of Bremerton as a single tow zone;
establishing a towing commission,
defining its purpose, granting it
powers, and delegating duties to
it; and declaring an emergency.
THE CITY. OF BREMERTON DOES ORDAIN:
SECTION 1. TOW ZONE. There is hereby established a single
tow zone, including all territories within the boundaries of the
City of Bremerton as those boundaries exist at the time of enactment
of this ordinance, or as those boundaries may hereafter be changed.
SECTION 2. TOWING COMMISSION - CREATION. There is hereby
established a Towing Commission, hereinafter called the Commission,
which shall consist of three members to be appointed by the Chief
of Police, subject to the following conditions: One member shall
be an Officer of the Bremerton Police Department, one member shall
be knowledgable about the towing industry, and one member shall be a
concerned Bremerton Citizen. None of the appointed members shall
have any beneficial interest in a towing company which shall be a
contractor under this ordinance.
SECTION-3. TOWING CO~MISSION i~- TERM OF MEMBERS; REMOVAL OF
MEMBERS. The term of office of the members of the Commission shall
be for three years, except that the first three members shall be
appointed for different terms as follows: One shall serve for a
term of one year, one shall serve for a term of two years, and one
shall serve for- a term of three years. Any vacancies in the
Commission shall be filled by the Chief of Police for the unexpired
term. Any member of the Commission may be removed from office for
incompetency, incompatability, or dereliction of duty, or malfeasance
of office, or other good cause after charges in writing have been
filed, due notice given, andafull hearing had by the City Council.
SECTION 4. TOWING COMMISSION - PURPOSE. The purposes of
the Commission shall be to supervise and to zegulateCity-authorized-
- 1 -
and-City-requestedtowing and storage of vehicles within the Bremerton
City limits, and to foster and to promote improvement in those
services as rendered by competing towing companies.
SECTION 5. TOWING COMMISSION - POWERS.
(a) The Commission shall have the power and authority to
contract with the several towing companies which serve the Bremerton
area, hereinafter called Contractors, for the purpose of granting
to them the exclusive rights to handle City-authorized-and-City-
requested towing and storage of vehicles, Provided, that the
various individual Contractors shall be granted such rights on a
rotating basis, for periods of 30 days, the first such 30-day period .
to begin at 8:00 A.M., February 1, 1980. Provided further, that the
Commission shall,with approval of the City Council, have the power
and authority to change the length of the rotation period should
the Commission deem the change to be in the best interests of the
City of Bremerton. The Commission shall not have the power or
authority to supervise or to regulate the private towing industry.
(b) The Commission, with approval of the City Council,
shall have the power and authority to make such rules and regulations
as shall be necessary and proper to conduct its business and to
enforce the purposes of this ordinance. This power shall include,
but not be limited to, rules and regulations governing the following:
tow zones; services to be performed by Contractors; availability of
tow trucks owned by Contractors: minimum standards for tow trucks
and equipment; classification Of tow trucks; removal and storage of
vehicles; towing and storage fees; conduct at accident scenes; vehicle
storage areas; record-keeping by Contractors; tow truck inspections;
and driver qualifications. Provided, that after February 1, 1980,
no rule or regulation shall be effective until 30 days have passed
from the date such rule or regulation was enacted by the Commission.
SECTION 6. TOWING COMMISSION - DUTIES. The Commission shall~
regularly meet on at least one day every calendar month; hear and
investigate complaints about Contractors and their practices; inspect
tow trucks and equipment for compliance wi~h minimum standards
ORDINAi',;CE ~,!0. 3571
RULES AND REGULATiO~fS
EFFECTITE FEBRUARY 1, 1980
C~
!. ~I.I~.'~ ~ ~.. M STANDARDS
A. 'All applicants for consideration to be p!ac~ed on the City ~f
Br~merton Towing list shall comply with WAC 20~-66, WAC 308-61, RC~f 46.52,
RCW a6.79, HC~ &6.80, RCW 46.12, ~CW 46.16, RC~! 46.68, ROW 46.37, Bremer-
ton City Ordinance No. 3571 and these rules and regulations.
B. On call Tow Companies shall have within the City ]~imits of
Bremertons at all times three (~) Class "A" tow trucks and one (~)
Class "C" to~ turck. The tow company shall also retain a sufficient
number of tow truck operators to handle all service requests of the
Bremert~n Police Department, 2~-hours per day, 7 days per week.
C. Tow trucks used in response shall comply with the minimum stand-
ards .for tow trucks as set forth in WAC 20~-66-160. The tow trucks shall
not be considered for use in response until inspected by and received the
Washington State decal showing approval. To trucks shall have a minimum
manufacturer's gross vehicle weight rating of ~0,O00 pounds or its equiv-
alent. Tow trucks shall be equipped with dual tires on the rear axle or
duplex type tires, sometimes referred to as super single, with a loa8
rating that is comparable to dual tire rating. Eac~ tow truck shall also
be equipped as follows:
Class "A";
(1) With all legal lights, equipment, and licensin~ requirements
for trucks and/or tow trucks and the operation thereof.
(2) Dual or single boom capacity of not less than six (6) tons
z .~.. ,v~tn a minimum of two (2) cables.
(3) A minimum of one hundred (100) feet of 3/8 inch continuous
length cable, or its eq,~ivalent, in working condition on each drum.
. (~) One revolving or intermittent red light with 360 degree visi-
bility. Such red light will ~ot be used when responding to a call but
only at the scene when necessary to warn ap?roaching traffic of impend-
ing danzer.
(5)- A broom and shovel.
'~' ~ow~ii~.~ or other. ~omparabl~ de~ ~'~
~ A ice mad~ of a material
to protect veLicles/motorcycles while beino towed.
(7) A 20BC rating fire extinguisher(s) or equivalent.
(8) A minimum of two snatch blocks or their equivalent in working
condition.
(9) A portable dolly, or its equivalent,-for hauling ventricles that
are not towable.
(10) Two (2) pinch bars or equivalent.
(11) A two-way radio having the ability to communicate with a base
station.
(12) Portable lights for unit bei'~..~ towed includ~,~..= bu not limited
to, taillights, stop lights, and directional signals.
In addition to the preceding, the following is required:
(1) Tow truck interior and exterior will be reasonably clean.
(2) Tow truck drivers will clean, accident/incident scenes of all
glass and debris unless o~herwise directed by a Law Enforcement Officer.
~ ~o~ truck must be
~3) All equipment used in conjunction with the ~ ~
commensurate with the manufacturer's basic boom rating.
r, ul~ a'~ud Regulations as of Feb 1, 1980
(4) All tow trucks shall display the firm's name, address, and
telephone number. Such information shall be painted on or permanently
affixed to the v~hicle.
(5) When a tow truck is added to the business, or the reinspection
of a tow truck is necessary, the Towing Commission will be contacted to
ascertain where and when the inspection will be given.
Class "C": Tow trucks that are capable of towing and recovery oper-
ations for large trucks, road tractors, trailers, or equivalent vehicles.
Class "C" tow trucks shall have:
l~t Tandem rear az!e truck chasis.
Boom capacity of not less than twenty (20) tons.
(3) A minimum., of one hundred an~ fifty (150) feet of 9/16 inch
continuous length cable, or its equivalent, on each drum in working
order.
(&) Air brakes and an air system capable of supplying air to the
towed unit.
(5) The remaining standards stated in Class "A" tow trucks; provided
dollies shall not b~ required.
D. On call tow company shall have an attendant on duty at the
storage area twenty-four (24) hours per day, seven (7) days per week.
The attendant shall remain at the storage area for twenty-four (24.)
hours after the on call tow company's rotation is complete.
~. Response ti:ne
1. On request from the Bremerton Police'Department, t~e tow com-
pany shall immediately dispatch the number of requested to trucks.
2. If a tow truck cannot be immediately dispatcheS, the tow truck
company shall immediately notify the Bremerton Police Department.
3. In the event the tow truck does not respond within a reasonable
time, 15 minutes, (unless conditions dictate) or cannot respond, the
B-~merton Police Department may select a tow company of its choosing.
&. The responding tow tru~k(s) shall remove 0nly those vehicles
designated by the Bremerton Police Department and only when advised to
dO SO .
F. Storage areas.
1. Secure areas and storage areas must be fenced as per WAC 308-61-
010(5) and WAC 308-61-110(5) protected from accessibility by unauthor-
ized individuals, and located so that vehicles therein will not be
da~.,~d by vandals
2. T:~e City shall not be liable for any theft, vandalism, or damage
occurring to any stored vehicle or its contents.
II. ROTATION
A. An on call t.ow company shall be on duty for a period of thirty
(30) days. The initial roatation shall commence at 0800, February 1,
1980. The rotation period shall end at 0800~ at the end of the thirtieth
( Ot'n) day.
B. See appendix A for rotation list.
Aules a~d regulations as of Fe~. 1, 1980
III. FEES A['D CHA}{GES
A. Comparable pricing within the area (Seattle, Tacoma, KitSap
County) will be used as a guide for the setting of fees and charges.
The fee and charge list shall be posted in a conspicuous location on
the towing operators premis~s.
B. Towing and storage fees and charges shall be approved by the
Towing Commission. A fee or charge may not be increased with the
express consent of the Towing Commission. Such fee and charge increase
shall not take ~==
e~vct until thirty (30) days after the ap!~roval of the
Towing Commission.
C. Fees and charges - preparations of bilTs.
1. Every tow operator, his agent or employee, after towing a
vehicle shall prepare a bill in duplicate, the original of which shall
be ~' ~
ozv~n to th~ registered owner of such vehicle or his authorized
representative, and the copy retained by the operator at his place of
business for a period of at least one (1) year, aBd shall be exhibited
to the Towing Commission upon demand. The bill s~all contain the
following information:
a. the name, address and telephone number of the tow truck operator;
b. the name and a~dress of the person calling for and engaging the
tow truck;
c. license number an~ ~escription of the ve.~cle towed such as year,
/~,~ make, mo~el and color of same;
~,~, d. the conpany n~mber of the tow truck used;
~' e. itemized and total amount charged for towing and storage, and
ti'~e and olace from which towing commenced and terminated.
IV. I?~SPECTIOES
A. Inspections shall encompass all minimum requirements pursuant
to WAC 204-66-160, WAC 204-66-170 and Bremerton Ordinance No. 3571, and
these Rules and Regulations.
B. Tow truck operators under this provision shall be inspected by
the Towing Commission annually and be subject to impromptu inspections.
This annual'inspection shall be made approximately six (6) months after
the ?~ashi~gton State Patrol inspection.
Rules and Regulations, effective April 19, 1980
V. TO%'; TRUCK DRIVER QUALIFICATIONS
A. Basic qualifications:
1. Minimum age of drivers is lB years old.
2. Possess a valid drivers license and adhere to RCW Chapter 46.
3. Must be able to read, write and speak the English language.
4. Must have no conviction or guilty plea to any misdemeanor or
felony theft charge within three (3)years.
B. Driver qualifications shall consist of both a v~itten and prac-
tical examination and meet the approval of the Towing Commission.
1. Criteria for such testing shall be established at a later date
and shall be impelmented at such time. Present drivers and hiring
practices by tow truck operators shall continue at their present status.
VI. SOLICITAT.I_.ON
A. Tow truck operators shall not solicit tows at the scene of an
accident/incident without first determining whether towing assistance
has already baen requested. If the request has been made, there shall
be no solicitation, provided, however, any operator may render assistance
without charge at the scene of an accident/incident to clear a public
stree~or hzonway.
VII. PROC~L£DURES OF APPLICATIC? TO TOW
A. Any tow company desiring to tow within the City limits of
Bremerton for the Bremerton Police Department shall foreward a letter of
ap'91ication printed on a company letterhead to the Towing Commission.
This application will be heard at the next regularly scheduled Towing
Commission meeting. Inspections shall them be made andupon the pa~sing
of the inspections.an~, m.eting of all requirements ~ hearing followed
by a vote of the T6wing Commission shall take place at the following
scheduled meting of the Towing Commission. On an acceptance vote,
the applicant shall be placed at the bottom of the rotation liSt thirty
(30) days after approval.
B. An a~plicant must show adequate proof of all licenses required
by Federal, State, and local laws, statutes and regulations.
VIII. COMPLAINT PROCEEDURES
A. Any complaints made by the Bremerton Police Department, a towing~
company, or private citizen, shall be in writting to the Towing Commission.
The Towing Commission shall then:
1. Notify the respondant at least ten (10) days before a hearing at
a scheduled meeting of the Towing Commission.
2. Hear the plaintiff, respondant and any witnesses thatmay assist
in a final result.
3. Hold discussion and evaluate all claims and evidence.
~. Vote on a possible solution or refer the complaint to the Bremer-
ton City Council or to the State of Washington Commission on Equipment
or to any proper a~ithority that may have jurisdiction.
5. The plaintiff and respnndant may call ~pon person(s) to testify
on their behalf.
6. The Towing CommiSsion reserves the right to call their own experts
to assist in the fin~ing of a solution.
B. The findings of the Towing Commission are advisory. Any findings
of the Towing Commission may be given to.the Chief of Police or the
Bremerton uity Council for further actio~s.
IX. COMPLIANCE
A. AnM tow company responding to calls from the Bremerton Police
Department shall be required to' abide by all RCW, WAC, and Bremerton
Ordiance ?~o. 5571 and these Rules and Regulations. Any violations
shall be groUnds for cancellation of services to the Bremerton Police
Department.
B. If a tow company fails to respond to more than ten per cent
(1~{) of the tows requested b>' the Bremerton Police Department during
any thirty (30) day period, the Towing Commission or the Chi. el of
Police may request a report or other information from the towing
company justifying those periods of unavailability. If the
satisfactory justification is nmt supplied, the Chief of Police may
revoke or suspend the tow operators privel~dge to operate for the
Bremerton Police Department.
C. No tow Operator shall refuse to respond to any emergency call
for tow truck service upon any grounds of possible inability to pay
on the part of theperson or persons needing tow truck service. For
the purposes of this section, the term emergency call is defined as
one involving or potentially involving injury to a person or persons.
Any violation of this section shall be grounds for revocation or sus-
pension of rotation. Nothing in this section shall be construed to make
City\L~i~ for costs of the tow truck service.
X . ~ETI~.~GS
A. The Towing Commission shall meet the third (3rd) r ~
thursday of each
calender month at Bremerton City Hall.
Rules and-Regulations as of Feb. 1, 1980
DEF!~iTIONS
1. TOWING CO?,~4ISSION: Means that body of persons appointed by the
Clef of Police pursuant to Ordinance No. 3571.
2. C~TY: Means the City of Bremerton.
3. TOW TRUCK: Means any vehicle intended, constructed and/or equipped.
for the towing, transportation and/or removal of vehicles from the Scene
of an accident, or other disability; or for the purpose of impoundment
by request from the Bremerton Police Department.
a. means the operation of any tow truck wnzcn,~' ''
~[I is stationed within the City; or
is dispatched from within or without the City limits ~nd
customarily makes trips for h~re within the City for the purpose of
towing and/or transporting veaicies; or
3.) makes any trips into the City for that purpose after occasional
or repeated advertising within the City of such service, provided that
the provisions of these rules and regulations shall ~ot apply to any
tow truck which shall pass through the City, for the purpose of towing
and/or transpOrting vehicles picked up at points beyond the corporate
limits of the City.
~. TOW TRUCK OPEk~TOR: Means any person, firm or organization engaging
in the to~;ing or transporting of vehicles, or who, by advertising, repre-
][isentation or otherwise holds himself out as engagin in such activity.
5. TOW TRUCK DRIVER: Means an individual who drives a tow truck.
6. SECUaE AREA: Means a place of safety for vehicle storage and is
an area comp-~ely enclosed by a fence of sufficient height and construc~
tion to prevent access by the general public, with a gate %~hich can be
]~eked. The fenc~ ~hall be at ].east eight feet high with at least two
strands of barbed wire at the top.
~ '~-~ A~A~-
7. ~ORA~m ........ Means vehicles in the custody of a registered dis-
poser sh~l' oe~pt entirely within a secure area o%~ed or operated by
the registered disposer. The fencing requirement may be waived in writing
by the department where, due to topography, a fence would be impradti-
cable and the storage area is secure without a fence.