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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.