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1300 - Resolution - Rules and Regulations for Tow CompaniesRESOLUTION NO. 1300;� A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING THE RULES AND REGULA- TIONS FOR TOW COMPANIES OPERATING WITHIN THE CITY LIMITS WHEREAS, there are several towing companies 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: a 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, RCW 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 minimum 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 comparable to dual tire rating. Each tow truck shall also be equipped as follows: Class "A" (1) With all legal lights, equipment and licensing requirements for tow trucks and/or trucks and the operation thereof. Resolution No. 1300 Amended Rules and Regulations for Tow Companies Page 2 (2) Dual or single boom capacity of not less than six (6) tons with a minimum of two (2) cables. (3) Minimum of one hundred (100 feet of 3/8 inch 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 comparable device made of a material designed to protect vehicles/motorcycles while being towed. (7) One (1) 1A.20-BC rated fire extinguisher or equivalent. (8) 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. c (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. (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 commensurated with the manufacturer's basic boom 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. Resolution No. 1300 Amended Rules and Regulations for Tow Companies Page 3 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 truck chasis 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. (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 occuring to any stored vehicle or it's contents. II. ROTATION A. An on -call tow company shall be on duty for a period of one calendar month. The on -call period shall commence at 8:00 a.m. on the first day of the month and end at 7:59 a.m. the first day of the following month. Resolution No. 1300 Amended Rules and Regulations for Tow Companies Page 4 III. FEES AND CHARGES A. Comparable pricing within the area (Bremerton, 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 invesigating 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. 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 given 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 information: (a) The name, address and telephone number of the tow truck company; (b) The name 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 of same; (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. 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. B. Tow truck operators under this provision shall be inspected by the Port Orchard Police Department annualy and be subject to impromptu inspections. This annual inspection shall be made approximately six (6) months after the Washington State Patrol Inspection. Resolution No. 1300 Amended Rules and Regulations for Tow Companies Page 5 V. TOW TRUCK DRIVER QUALIFICATIONS: A. Basic qualifications: - (1) Minumum age of driver is 18 years of age; (2) Posess a valid driver's license and adhere to RCW Chapter 45; (3) Must be able to read, write and speak the English language; (4) Musa 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 solication, 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 letter- head 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 company for the purposes of rotation. D. Any company 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 4,000 or part thereof. Resolution No. 1300 Amended Rules and Regulations for Tow Companies Page 6 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 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. COMPLAIANCE 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. 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.. PASSED by the City Council and APPROVED by the Mayor this 13th day of June, 1983. LEE 6 L, M M OR ATTEST: