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1828 - Ordinance - Establishing Police Rotational Tow ListNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held April 8, 2002. ORDINANCE NO. 1828 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, ESTABLISHING THE PORT ORCHARD POLICE ROTATIONAL TOW LIST AND ADOPTING RULES AND REGULATIONS FOR ELIGIBILITY AND PARTICIPATION. Copies of Ordinance No. 1828 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days afler publication, copies of Ordinance No. 1828 will be provided at a nominal charge. Michelle Merlin0 Deputy Clerk Publish: Port Orchard Independent April 17, 2002 Kitsaple~als~~oundpublishing.com ORDINANCE NO. 1828 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING THE PORT ORCHARD POLICE ROTATIONAL TOW LIST AND ADOPTING RULES AND REGULATIONS FOR ELlGlBlLlTY AND PARTICIPATION. WHEREAS, on certain occasions the Port Orchard Police Department has a need to order a vehicle to be towed or impounded, and WHEREAS, multiple towing companies are desirous of an opportunity to furnish towing service to the City and its citizens, and WHEREAS, the City of Port Orchard finds it necessary to institute a City of Port Orchard Towing List to allow equal opportunity for emergency towing situations, now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1. The rules and regulations governing tow companies on the City of Port Orchard Rotational Towing List are established as follows: (1) Minimum Standards. (a) All applicants for consideration to be placed on the City of Port Orchard Towing List shall comply with WAC 204.91A, WAC 308-61. RCW 46.52, RCW 46.55, RCW 46.79, RCW 46.80, RCW 46.12. RCW 46.16, RCW 46.37 and these Rules and Regulations. (b) On-call tow companies shall have available to the City of Port Orchard at all times at least one (1) Class "A" Tow truck and one (1) 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. (c) 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. (d) following are required: In addition to minimum standards set forth in WAC 204.91A.170, the (i) (ii) Tow truck interior and exterior will be reasonably clean, and Tow truck drivers will clean accidentlincident scenes of all glass . and debris unless otherwise directed by a law enforcement officer, and All equipment used in conjunction with a tow truck must be commensurate with the manufacturer's basic boom rating, and (iii) Ordinance No. 1828 Page 2 of 6 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 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. (iv) (v) (e) Each towing company must arrange for its ofices and impound lot to be manned and open for an eight (8) hour period each day during normal business hours. This may be any eight hours between 7 A.M. and 7 P.M., except weekends and holidays. (f) Response time: On request from the Port Orchard Police Department, the tow company shall immediately dispatch the number of requested tow trucks. If a tow truck cannot be immediately dispatched, the tow company shall immediately notify the Port Orchard Police Department. 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 tow list, or if not available, a tow company of its choosing. 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. Vehicles determined to be hulkljunk vehicles in accordance with state statutes will be deemed so by the city at the time of initial tow. (9) Storage areas: (i) 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. The City of Port Orchard shall not be liable for any theft, vandalism, or damage occurring to any stored vehicle or its contents. (ii) (2) Rotation. (a) shall be considered a single company for the purposes of rotation. Any corporate entity owning or controlling one or more tow companies Ordinance No. 1828 Page 3 of 6 Administrative Fee. (a) tow companies on the Port Orchard Rotational Tow List. (b) inspections of the tow companies. (c) be considered a single company for the purpose of administrative fees. 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 204.91A.140(2) and as adjusted on Oct 15 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) a towed or impounded vehicle afler 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. Afler the first twelve- (12) hours the regular storage rates will apply. (e) Preparation of bills. Every tow operator, his agent or employee, afler 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: The name, address, and telephone number of the tow truck company; The name and address of the person calling for and engaging the tow truck; License number and description of the vehicle towed such as year, make, model and color; The company number of the tow truck used; Itemized and total amount charged for towing and storage, and time and place from which towing commenced and terminated. An administrative fee of $300 will be charged on an annual basis to all This fee will cover the costs of maintaining the tow list and conducting Corporate entities owning or controlling one or more tow companies shall There will be no extra charges billed for an investigating officer inspecting (i) (ii) (iii) (iv) (v) Inspections. (a) 204.91A.040 and these amended rules and regulations. (b) The Port Orchard Police Department shall perform Vehicle Identification Number (VIN) Inspections for vehicles towed from within the city limits at no charge. (c) An inspection fee of $50.00 plus a mileage charge will be assessed for all Vehicle Identification Number (VIN) Inspections requested for vehicles not towed from within the city limits of Port Orchard. Inspections shall encompass all minimum requirements set forth in WAC Ordinance No. 1828 Page 4 of 6 (d) The Port Orchard Police Department shall verify at least annually that the tow company has received a successful inspection by the Washington State Patrol. Tow Truck Driver Minimum Qualifications. Minimum basic qualifications: (a) (b) (c) (d) theft charge within three (3) years. (6) Driver must be 18 years of age; Possess a valid driver's license and adhere to RCW Chapter 46; Must be able to read, write, and speak the English language; Must have no convictions or guilty plea to any misdemeanor or felony (7) Solicitation. Tow truck operators shall not solicit tows at scene of an accidentlincident 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 accidentlincident to clear a public street or highway. (8) 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 or the city shall submit a formal letter of application to the Police Department. The Application shall: (i) be accompanied by an inspection certification from the Washington State Patrol: and be signed by the applicant or an agent, and shall include the following information: (A) The name and address of the'person, firm, partnership, association, or corporation under whose name the business is to be conducted; The names and addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation; The names and addresses of all employees who serve as tow truck drivers; Proof of minimum insurance required by subsection 8(c) of this ordinance; The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered owner; Any other information the department may require; and A certificate of approval from the Washington State Patrol certifying that: (1) The applicant has an established place of business ,and that mail is received at the address shown on the application; (ii) (B) (C) (D) (E) (F) (G) Ordinance No. 1828 Page 5 of 6 The address of any storage locations where vehicles may be stored is correctly stated on the application; The place of business has an office area that is accessible to the public without entering the storage area; and The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the department, where vehicles and their contents can be properly stored and protected. (b) Each application shall 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. (c) Before the department may issue a letter of approval for placement on the Port Orchard Rotational Towing List, the applicant shall provide a certificate of insurance with the city shown as an additional named insured and Certificate Holder with the following of minimum insurance requirements of: One hundred thousand dollars for liability for bodily injury or property damage per occurrence; and Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not limited to fire and theft, from the time a vehicle comes into the custody of an operator until it is redeemed or sold. Cancellation of or failure to maintain the insurance required by (i) and (ii) of this subsection automatically cancels the operator's registration. (i) (ii) (iii) (d) federal, state and local laws, statutes and regulations. (e) 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. An applicant must show adequate proof of all licenses required by (9) 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 revocation or suspension of the company's letter of approval for placement on the Port Orchard Rotational Tow List. (b) If a tow company fails to respond or fails to respond within the response time requirements of this ordinance to more than ten per cent (10%) of the tows requested by the Port Orchard Police Department or the City 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 a satisfactory justification is not supplied, the Chief of Police may revoke or suspend the tow operator's letter of approval for placement on the Port Orchard Rotational Tow List. Ordinance No. 1828 Page 6 of 6 (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 the company’s letter of approval. Nothing in this section shall be construed to make the City of Port Orchard liable for costs of the tow truck service. Suspension, Revocation, or Denial. (a) Any determination by the City of Port Orchard Police Department to suspend, revoke or deny a letter of approval for placement on the Port Orchard Rotational Tow List shall be in writing and shall notify the company of the opportunity for a hearing if a written request for a hearing is received within 10 days from the date such notice is mailed. (b) All hearings shall be conducted by an administrative hearings officer who shall be the judge, or judge pro-tem, of the Port Orchard Municipal Court. The decision of the administrative hearings officer shall be a final decision at administrative level. The City retains the right to establish and develop programs to remove iunk .. - and/or abandoned vehicles from within the city. Towing for such programs may be obtained by the city through a call for proposal process and not be subject to the provisions of this ordinance. SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 3. Effective Date: This ordinance shall take effect June 22, 2002 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 SIh day oppril2002. ESLIE J. WEATHERILL. MAYOR AlTEST: A Pat icia Parks, City Clerk Sponsored by: f?obe%Geiger. Cduncilhan 1