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)

6-4-9: LICENSE APPLICATION; INSPECTIONS; ISSUANCE:

   A.   Contents Of Application: A person desiring to obtain an Ada County law enforcement towing license shall lodge with the Ada County Sheriff a written application upon a form provided for that purpose, which must be signed by the applicant or his authorized agent. The following information shall be required in the application:

      1.   Owner name, address to which all official correspondence may be sent, telephone number and signature.

      2.   Company name, address and telephone number.

      3.   Number and types of tow trucks to be operated.

      4.   A statement as to whether or not the applicant wishes to participate in the tow truck rotation list.

      5.   A copy of the applicant's public liability insurance policy.

      6.   A description of the applicant's impound yard and its location.

   B.   Inspections: Upon the lodging of the application, the Impound Officer shall direct the applicant to appear for an inspection of the tow truck(s) at a time and place to be determined by the Impound Officer. The Impound Officer shall conduct an inspection of the tow truck(s) and the business premises of the applicant, as necessary, to determine if each tow truck and emergency tow company complies with this chapter.

   C.   Action On Application: The Impound Officer may, at any time, in his or her discretion, require additional information from an applicant to clarify items on the application. Failure to cooperate with the Impound Officer's request for additional information may result in the denial of a license. Upon completion of the processing of the application, the Impound Officer shall forward the application and the Impound Officer's recommendation to the Sheriff for action thereon.

   D.   Issuance: The Sheriff shall, within thirty (30) days of receipt of an application for a law enforcement towing license, either approve or deny said application. The Sheriff shall issue a law enforcement towing license if the Sheriff finds that the emergency tow company meets the requirements of this chapter. The Sheriff shall refuse to issue or reissue a license if the Sheriff finds that the emergency tow company does not meet the requirements of this chapter. Upon issuance of a license, the tow company owner shall be provided inspection stickers for each vehicle which passes the required inspection. Annual inspection stickers must be displayed on the driver's side windshield of each licensed tow truck. If at any time during the license year, an emergency tow company violates the requirements of this chapter, the license may be suspended or revoked in accordance with this chapter. (Ord. 453, 5-21-2002)