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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)
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)
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)
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)
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)
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)
A. Inspections: Any Ada County Sheriff's Deputy or the Impound Officer is authorized to conduct random equipment and safety inspections of any tow truck company licensed to conduct law enforcement tows.
B. Authorization: The Ada County Sheriff or his/her designee is authorized to deny, suspend or revoke any license to engage in law enforcement towing; tow truck operators and/or owners are subject to denial, suspension or revocation when it appears that a licensee or operator/owner has violated the provisions and/or the intent of this chapter as follows:
1. Violations And Temporary Suspensions: A violation of subsections B1a through B1n of this section shall cause the impound officer to issue an immediate temporary suspension from the tow truck rotation list for a period not to exceed thirty (30) days. A second violation of subsections B1a through B1n of this section within one hundred eighty (180) days of the previous suspension shall cause the impound officer to make a recommendation to the Sheriff or his/her designee for a license revocation or suspension of more than thirty (30) days of licensee's law enforcement tow license:
a. Failure to notify dispatch that tow company's on-scene arrival time will exceed thirty (30) minutes.
b. Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.
c. Use of magnetic stripping/signage on tow trucks.
d. Charging tow customers in excess of the tow rates established by the Ada County Board of Commissioners for law enforcement tows.
e. Subcontracting law enforcement tows through other tow companies, licensed or unlicensed.
f. Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.
g. Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch.
h. The solicitation of tow truck business by any licensee or employee or agent of licensee at the scene of a law enforcement tow.
i. The failure to report an accident to dispatch for which a law enforcement tow is required.
j. The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, or repair shop or facility, for the purpose of influencing such licensee's decision as to where a disabled or wrecked vehicle should be taken for repair.
k. Allowing the lapse or cancellation of the tow business insurance required by this chapter.
l. Failing to allow a titled or registered owner of a vehicle to retrieve their personal property from their own vehicle while inside the impound lot.
m. Any unfair, illegal or deceptive business practice or any other conduct that the licensee knows or reasonably should know will reflect unfavorably on Ada County or the Ada County Sheriff's Office.
C. Notice Of Intent: Within ten (10) days of the impound officer's recommendation for a license revocation or a suspension of more than thirty (30) days, if the Sheriff or his designee finds good cause that a violation has occurred, the Sheriff shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the Sheriff, in his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.
D. Right To hearing: A licensee shall have the right to a hearing prior to the revocation or suspension of more than thirty (30) days of its law enforcement towing license, in accordance with the procedures set forth in subsection E of this section. If the licensee does not request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Sheriff, and any revocation shall be for one calendar year from the date of the notice of intent.
E. Hearing Procedures: A licensee may request a hearing before the Sheriff or his designee prior to the suspension for more than thirty (30) days or revocation of a law enforcement towing license, in accordance with the procedures set forth in this section.
1. A licensee desiring such a hearing shall, within fifteen (15) days of the date of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Ada County Sheriff, together with a statement setting forth the factual basis and reasons for licensee's appeal of the decision. A copy of the request for hearing shall also be delivered to the impound officer.
2. The Sheriff or his designee shall conduct an informal public hearing within thirty (30) days after a request for hearing has been filed. The licensee and the Sheriff may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross-examine or confront witnesses, except in the discretion of the Sheriff, nor shall the Idaho Rules of Evidence apply to such hearings. In the Sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.
3. The Sheriff or his designee shall issue a written decision within ten (10) days after the hearing stating the final decision regarding suspension or revocation of the license. If a license is revoked, it is revoked for one calendar year from the date of the written decision. A copy of the decision shall be mailed or made available to all interested parties. A record of said hearing and decision shall remain in the custody of the Sheriff. (Ord. 453, 5-21-2002; amd. Ord. 868, 6-13-2017)
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