CHAPTER 4
LAW ENFORCEMENT TOWING 1
SECTION:
6-4-1: Definitions
6-4-2: Driving Tow Truck To Scene Of Accident Prohibited Unless Called By Dispatch
6-4-3: Soliciting Tow Business At Scene Of Law Enforcement Tow Prohibited
6-4-4: Response To Certain Private Calls For Towing Services Prohibited
6-4-5: Certain Remuneration Or Consideration Prohibited
6-4-6: Dispatch
6-4-7: Licensee Responsibilities
6-4-8: License Required; Expiration Date; Location
6-4-9: License Application; Inspections; Issuance
6-4-10: Random Inspections; Violations; Suspensions; Revocations; Hearings
6-4-11: Tow Truck Specifications And Capabilities
6-4-12: Fees For Law Enforcement Towing
6-4-13: Requirements And Operating Procedures For Emergency Tow Companies
6-4-14: Use As Emergency Vehicle Prohibited
6-4-15: Penalties

 

Notes

1
1. Prior ordinance history: Ord. 174, 7-16-1987; Ord. 238, 5-9-1991; Ord. 357, 5-12-1998.
6-4-1: DEFINITIONS:
As used in this chapter, the following terms will have the following meanings:
ACCIDENT: Any occurrence in Ada County which results in a wrecked or disabled vehicle, and which results in either the injury or death of any person, or damage to property of any one person in excess of seven hundred fifty dollars ($750.00), or both.
ADA COUNTY: That area which is within the jurisdiction of the board of Ada County commissioners.
BUSINESS DAY: Monday through Friday excluding holidays declared by the board of Ada County commissioners.
DISABLED VEHICLE: A vehicle which has been abandoned or rendered unsafe to be driven as the result of some occurrence other than an accident including, but not limited to: a) mechanical failures or breakdowns; b) fire; c) vandalism; d) a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive; or e) any other occurrence which reasonably necessitates removal of the vehicle by a tow truck.
DISPATCH: The person or persons in the Ada County sheriff's office assigned by the sheriff to route law enforcement agency calls for tow truck service by the use of tow truck rotation list.
EMERGENCY TOW COMPANY: A person to whom a law enforcement towing license has been issued.
IMPOUND OFFICER: The employee designated by the Ada County sheriff to handle law enforcement towing duties.
LAW ENFORCEMENT TOW: Provision of a tow truck to the owner of a wrecked or disabled vehicle by dispatch when a law enforcement agency has become involved.
LICENSEE: A person licensed to engage in law enforcement towing as called to do so from time to time by dispatch.
OWNER: A person who holds legal title to a vehicle, or who has legal right of possession of a vehicle, or legal right of control of a vehicle.
PERSON: An individual, assumed name entity, proprietorship, partnership, joint venture, association, corporation, or other legal entity.
TOW TRUCK: A vehicle designed to be used primarily for removing wrecked or disabled vehicles from any street.
TOW TRUCK ROTATION LIST: A list of qualified licensed tow companies maintained by dispatch and which is used to determine the priority of the tow truck to be dispatched to the scene of a law enforcement tow.
WRECKED VEHICLE: A vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a tow truck. (Ord. 453, 5-21-2002)
6-4-2: DRIVING TOW TRUCK TO SCENE OF ACCIDENT PROHIBITED UNLESS CALLED BY DISPATCH:
No person may knowingly drive a tow truck, licensed or unlicensed, to the scene of any accident in Ada County unless the tow truck has been called to the scene by dispatch. (Ord. 453, 5-21-2002)
6-4-3: SOLICITING TOW BUSINESS AT SCENE OF LAW ENFORCEMENT TOW PROHIBITED:
No person may solicit in any manner, directly or indirectly, at the scene of a law enforcement tow in Ada County, the business of towing, removing, repairing, wrecking, storing, trading, or purchasing a vehicle. (Ord. 453, 5-21-2002)
6-4-4: RESPONSE TO CERTAIN PRIVATE CALLS FOR TOWING SERVICES PROHIBITED:
A tow truck shall not knowingly respond to a private request for towing service within the County when an accident is involved. A tow truck may respond to a private request for towing service to a disabled vehicle not involved in an accident, or to a private request for other towing services not requiring the involvement of a law enforcement agency; provided, however, if, upon arrival on the scene, a licensee discovers an accident is involved, the licensee shall immediately notify dispatch. (Ord. 453, 5-21-2002)
6-4-5: CERTAIN REMUNERATION OR CONSIDERATION PROHIBITED:
Emergency tow companies are prohibited from soliciting or accepting any remuneration or consideration of any type from any repair shop, garage or other repair facility given for the purpose of influencing such emergency tow company's decision as to where a disabled or wrecked vehicle should be taken for repair. It shall be a rebuttable presumption that any such remuneration or consideration was given for the purpose of influencing said decision. (Ord. 453, 5-21-2002)
6-4-6: DISPATCH:
If a law enforcement officer determines a tow truck is needed at the scene of a law enforcement tow for a wrecked or disabled vehicle, dispatch shall call either the towing service, whether licensed or unlicensed, indicated to the law enforcement officer by the express preference of the owner, or, if the owner does not of his or her own initiative expressly request a particular towing service, the next available emergency tow company on the tow truck rotation list. Dispatch shall indicate to the emergency tow company the color, year, make, body and general condition of the vehicle to be towed. Based on the information provided, the tow company shall provide all necessary towing equipment. (Ord. 453, 5-21-2002)
6-4-7: LICENSEE RESPONSIBILITIES:
   A.   Tow truck companies licensed to perform law enforcement towing are responsible for wrecked and disabled vehicles and the contents therein, from the time of on-scene pickup until the vehicle is removed from licensee's premises or is otherwise released from licensee's custody and control. Any damage or loss to said vehicle or contents while in the custody and control of licensee is the sole responsibility of licensee, and Ada County assumes no liability for any such loss or damage.
   B.   A licensee, when operating under a license granted by Ada County or the Ada County Sheriff's Office shall not engage in any unfair method of competition, unconscionable acts or practices, or illegal acts or practices in the conduct of towing services; and licensee will conduct its towing and/or storage services in such a way that its actions will not reflect unfavorably on Ada County or the Ada County Sheriff's Office. (Ord. 453, 5-21-2002; amd. Ord. 868, 6-13-2017)
6-4-8: LICENSE REQUIRED; EXPIRATION DATE; LOCATION:
   A.   No person may provide law enforcement towing inside the County without first obtaining a law enforcement towing license. The license issued to an emergency tow company authorizes the licensee and all its bona fide employees to engage in dispatched law enforcement towing from the tow truck rotation list. Only one license may be issued to each emergency tow company owner, and a tow company owner can have no more than one tow company on the tow truck rotation list at any point in time. Licensed tow companies may not subcontract with other towing agencies, licensed or unlicensed, for the provision of law enforcement towing services. Applications for law enforcement towing licenses may be obtained at the Ada County Sheriff's Office beginning on May 1 of each year, and all completed applications must be received by the Ada County Sheriff no later than May 31 of each year. Applications which have not been completed will not be accepted. Tow service inspections for the upcoming licensing year shall be conducted by the Ada County Sheriff's Office during June of each year. All such licenses shall expire on June 30 of the following calendar year.
   B.   Licensees shall maintain a permanent and established place of business within Ada County, and shall promptly notify the Ada County Sheriff of any change of address. (Ord. 453, 5-21-2002; amd. Ord. 896, 5-21-2019)
Loading...