002-24 - Ordinance - Chapter 5.97 Tow CompaniesDocuSign Envelope ID: A5AAB759-B966-4096-AF65-21BA517E92FF
ORDINANCE NO. 002-24
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO ON -CALL TOW COMPANIES; REPEALING AND REPLACING
CHAPTER 5.97 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City maintains regulations for its use of an established rotational tow list
of eligible towing companies to perform towing and impound when needed by the City and its
Police Department; and
WHEREAS, in 2002 by Ordinance No. 1828, the City Council established the Port Orchard
Police Rotational Tow List and adopted rules and regulations for eligibility and participation,
codified at Chapter 5.97 of the Port Orchard Municipal Code (POMC); and
WHEREAS, the Police Department recently audited Chapter 5.97 POMC and evaluated
its terms for functionality and determined that amendments were necessary to reflect the
current needs of the City, its residents, and the existing marketplace; and
WHEREAS, the City desires to utilize its established procurement rules for the selection
of official tow service providers, in lieu of a rolling application process that presents
management difficulties for staff to implement; and
WHEREAS, the City desires to require the execution of service agreements, subject to
City Council approval, as are utilized for similar contractors for City services, to memorialize the
requirements for official tow service providers currently only found in the POMC; and
WHEREAS, the City Council finds that it is in the best interests of the residents of Port
Orchard to take action to repeal and replace Chapter 5.97 POMC pertaining to official tow
service providers; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Repealer. Chapter 5.97 of the Port Orchard Municipal Code is hereby
repealed.
SECTION 2. Adoption. New Chapter 5.97 of the Port Orchard Municipal Code is
hereby adopted as is set forth on Exhibit A hereto.
SECTION 3. Authorization. The Mayor or his designee is authorized to execute short-
term, stop -gap agreements with qualified service providers who are currently providing these
services to the City to ensure no break in service for the duration of the procurement period
under new Chapter 5.97 POMC adopted hereunder, provided that the agreements are in a form
acceptable to the City Attorney.
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Ordinance No. 002-24
Page 2 of 6
SECTION 4. Ratification. All actions taken prior to the effective date of this
Ordinance and consistent with this Ordinance, including the return of administrative fees paid
for any applications pending at the time of the effective date of this Ordinance, are hereby
ratified.
SECTION 6. Severability. Should any portion of this ordinance be held to be
unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
SECTION 7. Savings Clause. Those portions of the Port Orchard Municipal Code which
are amended by this ordinance shall remain in force and effect as set out prior to this ordinance
until the effective date of this ordinance. Such amendments shall not be construed as affecting
any existing right acquired under the laws repealed, nor as affecting any proceeding instituted
thereunder, nor any rule, regulation or order promulgated thereunder.
SECTION 6. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23rd day of January 2024.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
APP. OWED AS TO FORM:
ocu igned y.
2bg29-0§J...
Charlotte A. Archer, City Attorney
PUBLISHED: January 26, 2024
EFFECTIVE DATE: January 31, 2024
F1 DocuSigned by:
PlM"aA.A SWA,
Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember
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Ordinance No. 002-24 -Exhibit A
Chapter 5.97
TOW COMPANIES
Sections:
5.97.010 Rules and regulations.
5.97.020 Findings and purpose.
5.97.030 Definitions.
5.97.040 Selection process.
5.97.050 Official tow services provider agreement — minimum standards.
5.97.060 Solicitation.
5.97.070 No vested right.
5.97.080 Compliance.
5.97.010 Rules and regulations.
The rules and regulations governing tow companies in the city of Port Orchard providing official tow services for
the City are established as set forth in this chapter.
5.97.020 Findings and purpose.
(1) This chapter is enacted as an exercise of the police power of the city of Port Orchard to protect and preserve the
public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these
purposes.
(2) The city needs the services of one or more privately owned tow companies to provide the public and the city's
police department with prompt, safe, reliable, and responsive vehicle towing and storage services.
(3) The city's needs are best met by establishing a rotational program that allows the city or its service provider(s) to
dispatch one or more of the tow contractors on a rotational basis among tow service providers under tow service
agreements with the city.
(4) The city has enjoyed success in awarding service agreements by using competitive procedures, delivering high -
quality, responsive, and dependable services to the community. It is in the city's best interests to award one or more
official tow services agreements through a competitive process.
5.97.030 Definitions
For purposes of this chapter, the following words and phrases have the meanings ascribed to them unless the context
otherwise requires:
"Impoundment" means the removal of a vehicle to a storage facility either by an officer or authorized agent of the city
of Port Orchard police department or by a towing contractor in response to a request from an officer or authorized
agent of the city of Port Orchard police department.
"Official tow services provider" means a towing company having a contractual relationship with the city of Port
Orchard to provide towing services to the city. Any corporate entity owning or controlling one or more tow companies
shall be considered a single company for the purposes of rotation.
"Person" means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability
company, or an entity, however organized.
"Police chief' means the chief of police for the city of Port Orchard, or the designee of the chief of police.
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Ordinance No. 002-24 -Exhibit A
"Tow truck" is a motor vehicle which has been altered or designed and equipped for and exclusively used in the
business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render
assistance to other vehicles.
"Towed" means a vehicle hauled, pulled, or transported by a tow truck.
"Towing service" means roadside assistance, towing, storing, lien -selling or related operation for a damaged,
inoperative, abandoned, stolen, recovered, or illegally parked vehicle.
"Vehicle" shall have the definition set forth in RCW 46.04.670, and, in addition, shall include any junk vehicle as
defined in RCW 46.55.010(4) as they currently exist or may thereafter be amended.
5.97.040 Selection process
Official tow service providers for the City of Port Orchard shall be selected using an open, competitive process,
consistent with state law and the City's Procurement Policies, as may be amended.
The police department is authorized to establish and maintain a list of licensees who are qualified for police impounds.
Each official tow service provider selected, upon execution of a written agreement with the city, shall be placed on
the rotational list in an initial order to be determined by the police chief or designee. Official tow service providers
shall be called, in turn, in response to a city request.
5.97.050 Official tow services provider agreement - Minimum standards.
Each official tow services provider selected by the city shall enter into a written agreement with the city in a form
acceptable to the city attorney. The agreement shall include, at a minimum, the following provisions:
(1) All official tow services providers to be placed on the city of Port Orchard rotational towing list shall comply with
Chapters 204-91A and 308-61 WAC, Chapters 46.52, 46.55, 46.79, 46.80, 46.12, 46.16, and 46.37 RCW, and these
rules and regulations.
(2) On -call tow companies shall have available to the city of Port Orchard at all times at least one Class "A" tow truck
and one Class `B" tow truck with a response time of 25 minutes or less. The tow company shall also retain a sufficient
number of tow truck operators to handle all service requests of the Port Orchard police department 24 hours per day,
seven days per week.
(3) Tow trucks used in response shall comply with the minimum equipment standards for tow trucks as set forth in
WAC 204-91A-170 or as may be subsequently amended. The tow trucks shall not be considered for use in response
until inspected by the appropriate state of Washington agency and awarded the state decal showing approval.
(4) In addition to minimum standards set forth in WAC 204-91A-170, the following are required:
(a) Tow truck interior and exterior will be reasonably clean, and
(b) Tow truck drivers will clean accident/incident scenes of all glass and debris unless otherwise directed by
a law enforcement officer, and
(c) All equipment used in conjunction with a tow truck must be commensurate with the manufacturer's basic
boom rating, and
(d) All tow trucks shall display the firm's name, name of city in which trucks operate, and telephone number.
Such information shall be painted on or permanently affixed to the vehicle, and
(5) Each towing company must arrange for its offices and impound lot to be manned and open for an eight -hour
period each day during normal business hours. This may be any eight hours between 7:00 a.m. and 7:00 p.m., except
weekends and holidays.
(6) Response Time.
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Ordinance No. 002-24 -Exhibit A
(a) On request from the Port Orchard police department, the tow company shall immediately dispatch the
number of requested tow trucks.
(b) If a tow truck cannot be immediately dispatched, the tow company shall immediately notify the Port
Orchard police department.
(c) In the event the tow truck does not respond within a reasonable time, 25 minutes unless conditions
dictate otherwise, or cannot respond, the Port Orchard police department may select another tow company
on the city rotational towing list, or if not available, a tow company of its choosing.
(d) The responding tow truck(s) shall remove only those vehicles designated by the Port Orchard police
department and only when advised to do so. Abandoned vehicle tows that do not interfere with the use of
the roadway will be towed at a time agreeable to both the tow company and the city, but shall not exceed 72
hours.
(e) Vehicles determined to be hulk/junk vehicles in accordance with state statutes will be deemed so by the
city at the time of initial tow.
(7) Storage Areas.
(a) Secure areas and storage areas must be fenced as per WAC 308-61-026(2) and WAC 308-61-158(5),
protected from accessibility by unauthorized individuals, and located so that vehicles therein will not be
damaged by vandals.
(b) The city of Port Orchard shall not be liable for any theft, vandalism, or damage occurring to any stored
vehicle or its contents. (Ord. 1828 § 1 (1), 2002).
(8) Towing and storage fees and charges.
(a) Towing fees shall not exceed the allowable rate established by WAC 204-91A-140. Allowable towing
and storage fees shall be adjusted annually as set forth in WAC 204-9 1 A- 140(2) and as adjusted on October
15th of each year by the Washington State Patrol.
(b) Any policy the tow operator may have for charging less than the rates listed above for services
performed as a result of a private call shall be applied equally to Port Orchard police originated calls.
(c) There will be no extra charges billed for an investigating officer inspecting a towed or impounded
vehicle after hours.
(d) On towed or impounded vehicles there will be no storage charges billed for the first 12 hours that the
vehicle is held. After the first 12 hours the regular storage rates will apply.
(9) Preparation of Bills. Every tow operator, his agent or employee, after towing a vehicle shall prepare a bill in
duplicate, the original of which shall be given to the registered owner of such vehicle or their authorized
representative, and a copy retained by the operator at their place of business for a period of at least one year and
shall be exhibited to the Port Orchard police department upon demand. The bill shall contain the following:
(a) The name, address, and telephone number of the tow truck company;
(b) The name and address of the person calling for and engaging the tow truck;
(c) License number and description of the vehicle towed, such as year, make, model and color;
(d) The company number of the tow truck used;
(e) Itemized and total amount charged for towing and storage, and time and place from which towing
commenced and terminated.
5.97.060 Solicitation.
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Ordinance No. 002-24 -Exhibit A
Tow truck operators shall not solicit tows at scene of an accident/incident without first determining whether towing
assistance has already been 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 street or
highway.
5.97.070 No vested right.
Nothing in this chapter shall proscribe the city from contracting with one or more tow operators for tow services
requested by the police and/or providing such towing services with city personnel and equipment. It is the intent of
this chapter to establish certain requirements for tow business licensees and those licensees authorized to do police
impounds, but not to vest any specific rights to perform impounds or other city -requested towing services.
5.97.080 Compliance.
(1) Any tow company responding to calls from the city of Port Orchard shall be required to abide by all RCW, WAC,
and these amended rules and regulations. Any violations shall be grounds for revocation or suspension of the
company's placement on the Port Orchard rotational towing list.
(2) No tow company shall perform vehicle towing at the request of the city unless the person is an official tow
services provider.
(3) If a tow company fails to respond or fails to respond within the response time requirements of this chapter
requested by the Port Orchard police department or the city during any 30-day period, the police chief may request a
report or other information from the towing company justifying those periods of unavailability. If a satisfactory
justification is not supplied, the police chief may revoke or suspend the tow operator's placement on the Port
Orchard rotational towing list.
(4) No tow truck provider shall refuse to respond to any emergency call for tow truck service upon any grounds of
possible inability to pay on the part of the person or persons needing tow truck service. For the purpose 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 suspension of the company's placement on the Port
Orchard rotational towing list. Nothing in this section shall be construed to make the City of Port Orchard liable for
costs of the tow truck service.
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