1629 - Resolution - Rescinding Resolution Nos. 1300 and 1244 Tow CompaniesRESOLUTION NO. 1629v/
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
RESCINDING RESOLUTION NO. 1300 AND 1244 AND ADOPTING
THE RULES AND REGULATIONS FOR TOW COMPANIES OPERATING
WITHIN THE CITY LIMITS.
WHEREAS, there are several towing coManies operating within Port
orchard; and
WHEREAS, each towing company operating within the City limits is
desirous of an opportunity to furnish towing service to the City and it's
citizens; and
WHEREAS, the City of Port Orchard has found it necessary to
institute a City of Port Orchard Towing List to allow equal opportunity for
emergency towing situations,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Port Orchard as follows:
THAT the rules and regulations governing tow companies on the City
of Port Orchard as follows:
SECTION I. THAT the rules and regulations governing tow companies
on the City of Port orchard Towing List are amended as follows:
I. MINIMUM STANDARDS
A. All applicants for consideration to be placed on the City
of Port Orchard Towing List shall comply with WAC 204-66,
WAC 308-61, RCW 46.52, RCW 46.79, RCN 46.80, RCW 46.12,
RCW 46.16, RCW 46.68, RCW 46.37 and these Rules and
Regulations.
B. On -call tow companies shall have within the city limits of
Port Orchard at all times at least one (1) Class "A" Tow
truck and one (1) Class "B" tow truck. 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. Each tow company must have it's office and storage
yard within the City limits of Port Orchard.
C. Tow trucks used in response shall comply with the minimum
standards for tow trucks as set forth in WAC 204-66-160.
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. Tow
trucks shall have a miniEm3un manufacturer's gross vehicle
weight of 10,000 pounds or it's equivalent. Tow trucks
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 ccmnparable to dual tire rating.
Resolution No. 1629
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Each tow truck shall also be equipped as follows:
CLASS "Alt
1. With all legal lights, equipment and licensing
requirements for tow trucks and/or trucks and the
operation thereof.
2. Dual or single boon capacity of not less than six (6)
tons with a minimum of two (2) cables.
3. Minimum of one hundred (100) feet of continuous length
cable, in working condition, on each drum.
4. one revolving or intermittent red light with 360°
visibility. Such red light will not be used when
responding to a call but only at the scene when
necessary to warn approaching traffic of impending
danger, EXCEPT red light may be used when responding
to a call if requested by law enforcement agency.
5. A broom and shovel.
6. A tow sling or other caiparable device made of
material designed to protect vehicles/motorcycles
while being towed.
7. One (1) 1A 20-BC rated fire extinguisher or
equivalent.
S. A minimum of two (2) snatch blocks or their equivalent
in working condition.
9. A portable dolly, or it's equivalent, for hauling
vehicles 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 being towed including, but
not limited to, taillights, stop lights and
directional signals.
In addition to the preceding, the following are required:
1. Tow truck interior and exterior will be reasonably
clean.
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2. Tow truck drivers will clean accident/incident scenes
of all glass and debris unless otherwise directed by a
law enforcement officer.
3. All equipment used in conjunction with a tow truck
must be cammensurate with the manufacturer's basic
boon rating.
4. 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.
5. When a tow truck is added to the business, or the re -
inspection of a tow truck is necessary, the Port
Orchard Police Department shall be contacted to
ascertain where and when the inspection will be given.
CLASS "B": Tow trucks that are capable of towing and
recovery of trucks and similar larger
vehicles.
Class "B": Tow trucks shall have:
1. Two -ton trucks chassis or greater.
2. Boom capacity of not less than ten (10) tons.
3. A minimum of one hundred and fifty (150) feet of 7/16-
inch continuous length cable on each drum in working
order.
4. The remaining standards stated in Class "A"
requirements.
D. Each towing company must arrange for it's offices and impound
lot to be manned and open 8 hours each day between 8 A.M. and
6 P.M. Monday through Friday .
E. Response time:
1. On request from the Port Orchard Police Department, the
tow company shall immediately dispatch the number of
requested tow trucks.
2. if a tow truck cannot be immediately dispatched, the tow
truck company shall immediately notify the Port Orchard
Police Department.
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Page Four of Eight
3. in the event the tow truck does not respond within a
reasonable time, 15 minutes unless conditions dictate
otherwise, or cannot respond, the Port Orchard Police
Department may select a tow company of it's choosing.
4. The responding tow truck(s) shall remove only those
vehicles designated by the Port Orchard 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(6) and WAC 308-61--110(5), protected from
accessibility by unauthorized individuals, and located so
that vehicles therein will not be damaged by vandals.
2. The City of Port Orchard shall not be liable for any
theft, vandalism, or damage occurring to any stored
vehicle or it's contents.
II. ROTATION
A. Each tow oompany will be called on a continuing rotation
basis.
lll. FEES AND CHARGES
A. Comparable pricing within the area (Brffmrton, Kitsap County,
Seattle, Tacoma) 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 operator's premises and
be on file with the Port Orchard Police Department.
B. No extra charges will be billed on towing or impounds for two
hours if towing or impound originated at or because of a
public function (Parade; Fathoms 0' Fun; Western Days; school
activity or public meeting).
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 twelve (12) hours that the
vehicle is held. After the first twelve (12) hours the
regular storage rates will apply.
Resolution No. 1629
Page Five of Eight
E. Preparation of bills:
1. Every tow operator, his agent or employee, after towing a
vehicle shall prepare a bill in duplicate, the original of
which shall be give to the registered owner of such
vehicle or his authorized representative, and a copy
retained by the operator at his place of business for a
period of at least one (1) 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 ccapany;
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
carmenced and terminated.
IV. INSPECTIONS
A. Inspections shall encompass all minimum requirements pursuant
to WAC 204-66-160, WAC 204-66-170 and these amended rules and
regulations.
S. Tow truck operators under this provision shall be inspected by
the Port Orchard Police Department annually and be subject to
impromptu inspections. This annual inspection shall be made
approximately six (6) months after the Washington State Patrol
Inspection.
V. TOW TRUCK DRIVER QUALIFICATIONS:
A. Basic qualifications:
(1) Minimum age of driver is 18 years of age;
(2) Possess a valid driver's license and adhere to RCW Chapter
45;
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Page Six of Eight
(3) Must be able to read, write and speak the English
language;
(4) Must have no convictions or guilty plea to any
misdemeanor or felony theft charge within three (3)
years.
VI. SOLICITATION
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.
VII. PROCEDURE FOR APPLICATION TO TOW
A. Any tow company desiring to tow within the city limits of
Port Orchard for the Port Orchard Police Department shall
forward a letter of application on company letterhead to
the Police Department. This application will be
considered within thirty (30) days. Inspections shall be
made and, upon the passing of the inspections and meeting
all requirements, the Chief of Police shall order the
applicant to be placed at the bottom of the rotation list.
B. An applicant must show adequate proof of all licenses
required by federal, state and local laws, statutes and
regulations.
C. Any corporate entity owning or controlling one or more tow
companies shall be considered a single oca parry for the
purposes of rotation.
D. Any corrpany making application for placement on the
rotation list must verify in writing that other companies
currently on the rotation list have been notified of the
application.
E. Because of public necessity, the number of towing
companies which will be placed on the Port Orchard Police
Department Rotation List shall be limited on a City of
Port Orchard population basis of one (1) per 2,000 part
thereof.
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Page Seven of Eight
VIII. COMPLAINT PROCEDURES
A. Any complaints made by the Port Orchard Police Department,
a towing company or a private citizen shall be in writing
to the Port Orchard City Council. The City Council then
shall:
1'. Notify the respondent at least ten (10) days before a
hearing at a scheduled meeting of the City Council;
2. Hear the plaintiff, respondent and any witnesses that
may assist in a final result;
3. Hold a discussion and evaluate all claims and
evidence;
4. Vote on a possible solution or refer the complaint to
the State of Washington Commission on Equipment or to
any proper authority which may have jurisdiction;
5. The plaintiff and respondent may call upon person(s)
to testify on their behalf;
6. The City Council reserves the right to call it's own
experts to assist in the finding of a solution.
IX. COMPLIANCE
A. Any tow company responding to calls from the Port Orchard
Police Department shall be required to abide by all RCW,
WAC and these amended rules and regulations. Any
violations shall be grounds for cancellation of services
to the Port Orchard Police Department.
B. If a tow company fails to respond to more than ten per
cent (10%) of the tows requested by the Port Orchard
Police Department during any thirty (30) day period, the
Chief of Police may request a report or other information
from the towing company justifying those periods of
unavailability. If the satisfactory justification is not
supplied, the Chief of Police may revoke or suspend the
tow operator's privilege to operate for the Port Orchard
Police Department.
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Page Eight of Eight
C. No tow truck 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 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 rotation. Nothing in this
section shall be construed to make the City of Port
Orchard liable for costs of the tow truck service.
SECTION II. THAT Resolution No. 1300 and Resolution No. 1344 are
hereby rescinded.
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
11th day of January, 1993.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, City Clerk