§ 42.004 MINIMUM REQUIREMENTS FOR CITY TOWING.
   Minimum requirements for the requirements for city towing follow:
   (A)   Each towing company must be D.O.T. compliant.
      (1)   Equipment and rigging (overhead lifting).
      (2)   Drivers (pre-employment and random drug screening and drivers files) including medical card.
      (3)   Technique (four-point securing, vests).
   (B)   Each towing company must provide the city with a written training program for all drivers covering.
      (1)   D.O.T. compliant hook-up (carrier and tow).
      (2)   Up righting with one piece of equipment.
      (3)   Proper rigging and technique for winching.
   (C)   Each towing company must provide the city with a list of drivers.
      (1)   It is the towers responsibility to keep the list current.
      (2)   All drivers are to be trained.
      (3)   Each towing company shall provide the city with signed documentation the driver has been trained.
   (D)   Each towing company shall follow all state, federal, and local laws.
      (1)   Each towing company shall treat everyone working for them as employees for income tax withholding purposes. They will be required to withhold and pay federal income tax, social security and Medicare taxes as required by federal law. They will also be required to withhold and pay state income taxes based on state regulations.
      (2)   Each towing company shall be required to withhold and pay City of Berea income taxes based on local regulations.
      (3)   The City of Berea Employer’s Quarterly Return of License Fee Withheld will be filed on a timely basis and the year end report will include the annual summary.
   (E)   Each towing company shall provide the city with a list of equipment on an annual basis.
      (1)   Detailed description of the truck and bed.
      (2)   Inspection of equipment may be required at the city’s discretion.
   (F)   Each towing company must own and have at their disposal twenty-four (24) hours per day.
      (1)   One twin line hydraulic tow truck with a minimum tow capacity of four thousand (4,000) pounds; or
      (2)   One rollback with a minimum haul capacity of eight thousand (8,000) pounds.
   (G)   Each towing company shall comply with the provisions of KRS 281.920 through 281.936, as such statutes may be hereafter amended, and which statutes shall supersede any provision herein which may be contrary to the statute.
   (H)   Vehicle equipment and standards. All tow trucks utilized by any towing company shall have, at a minimum, the following equipment:
      (1)   Every tow truck shall display lettering on both sides of the vehicle that indicates the name or trade name of the towing service, the city and state in which the tow truck is customarily based, the business telephone number, and their DOT or IFTA number. Said lettering shall contrast sharply in color with the background and be a minimum of two (2) inches in height. NOTE: Magnetic signs are allowed on a temporary basis only not to exceed thirty (30) days from deployment of the vehicle into operational status;
      (2)   Minimum of one light mounted behind the cab of the tow truck which is capable of illuminating the area of the tow under darkened, foggy or dangerous conditions;
      (3)   FCC licensed two-way radio for communications. A radio telephone or cellular is acceptable. Citizen band radios are not acceptable. Hands-free devices must be compliant with federal guidelines;
      (4)   Cables or wire ropes as specified below:
         (a)   Each cable shall be capable of being fully extended from and fully wound onto its drum with a minimum length of seventy-five (75) feet and be three-eighths (3/8) inch in diameter;
         (b)   Cables or wire ropes shall be free from the following defects or conditions:
         (c)   There shall be no more than six (6) randomly distributed broken wires in one rope lay, or more than three (3) broken wires in one strand in one rope lay;
         (d)   There shall be no evidence of any heat damage from any cause;
         (e)   There shall be no end attachments that are cracked, deformed, worn or loosened.
      (5)   Fully functioning light bar with amber lamps at three hundred sixty (360) degree visibility. The truck may also be equipped with flashing amber lights. Such lighting shall not be used when responding to a call, but only at the scene when necessary to warn approaching traffic of impending danger and during actual transport of a vehicle;
      (6)   A broom and a shovel. The broom shall be at least eighteen (18) inches wide and have a handle at least four (4) feet long. The shovel shall be a flat scoop type with a minimum width of seven (7) inches and overall length of at least three (3) feet;
      (7)   A wheel lift, car carrier or other comparable device made of a material designed to protect vehicles and motorcycles while being towed. A tow sling alone will not qualify. In addition, all HD wreckers must be equipped with an under-reach device;
      (8)   One five (5) pound fire extinguisher, twenty-five (25) BC rating or equivalent.
      (9)   Two (2) snatch blocks for each tow line or their equivalent in good working condition; snatch block requirements are as follows:
         (a)   Four (4) ton block for eight thousand (8,000) pound winch (LD).
         (b)   Eight (8) ton block for twenty-five thousand (25,000) pound winch (HD).
         (c)   Ten (10) ton block for forty thousand (40,000) to fifty thousand (50,000) pound winch (HD).
      (10)   One portable dolly or its equivalent for hauling vehicles that are not towable.
      (11)   One pry bar at least three (3) feet long;
      (12)   Portable lights for the unit being towed including, but not limited to, taillights, stop lights tow light bar, and directional signals;
      (13)   One flashlight;
      (14)   A tire pump or air tank;
      (15)   Battery jumper cables;
      (16)   A standard first aid kit;
      (17)   Five (5) gallon bucket filled with absorbent, and provided that the towing company shall replace any materials used by any city agency on a one to one basis;
      (18)   Compliant Level II reflective safety vest(s) NOTE: Must be worn on all calls;
      (19)   A standard tow truck (LD) as necessary to recover passenger cars, pickup trucks and their loads, small trailers or equivalent vehicles shall be equipped as follows;
      (20)   (a)   All equipment used in conjunction with the tow truck must be compatible with the manufacturer’s recommendations for its installation and maintenance. Additionally, all equipment must comply with current state and federal laws and regulations;
         (b)   Ten thousand one (10,001) pounds gross vehicle weight rating (GVWR) or greater;
         (c)   Dual tires on the rear axle;
         (d)   Six (6) ton boom rating, dual or single boom with dual or single winches to control a minimum of one service cable, except a car carrier which by its nature does not utilize a boom. NOTE: All booms and winches must be operated by hydraulics; may include wheel lift or roll back tow trucks for this class of tow truck.
   (I)   Each towing company must have a storage lot.
      (1)   The lot must be owned or leased for use only by the towing company.
      (2)   The lot must be large enough to hold at least ten (10) vehicles.
      (3)   Lot must be located within one (1) mile of city limits of Berea.
   (J)   Each towing company must respond to all calls within thirty (30) minutes, twenty-four (24) hours per day seven (7) days a week.
   (K)   Each towing company shall maintain the following minimum insurance coverages:
      (1)   Workers comp.: state minimum.
      (2)   Garage liability, bodily injury and property damage: seven hundred fifty thousand (750,000) dollars each occurrence.
      (3)   (a)   Contractual bodily injury and property damage: seven hundred fifty thousand (750,000) dollars each occurrence.
         (b)   Garage keepers’ legal liability: three hundred thousand (300,000) dollars each occurrence.
      (4)   Including coverage for vehicles while being towed: three hundred thousand (300,000) dollars each occurrence.
      (5)   Automobile bodily injury and property damage: one million (1,000,000) dollars each occurrence.
   (L)   Rates.
      (1)   Maximum rates for Class A towing and recovery cars, pick-ups, and motorcycles:
         (a)   Tow.
            1.   Standard tow: one hundred twenty-five dollars ($125.00).
            2.   Motorcycle tow: two hundred twenty-five dollars ($225.00).
         (b)   Additional charges.
            1.   Dolly charge: fifty dollars ($50.00).
            2.   Mileage outside city limits: four dollars ($4.00) one-way per mile.
            3.   Winching (first half-hour): one hundred dollars ($100.00).
            4.   Winching (after first half-hour): fifty dollars ($50.00).
            5.   Tire change: seventy-five dollars ($75.00).
            6.   Standby time (first half-hour): fifty dollars ($50.00).
            7.   Standby time (after first half-hour): fifty dollars ($50.00).
            8.   Show-up fee: fifty dollars ($50.00).
            9.   Collision clean-up (first half-hour): fifty dollars ($50.00).
            10.   Collision clean-up (after first half-hour): forty dollars ($40.00).
            11.   Additional oil dry (one bag included in initial clean-up): fifteen dollars ($15.00).
            12.   Lockout charge: fifty dollars ($50.00).
            13.   No key fee: fifty dollars ($50.00).
         (c)   Storage.
            1.   Cars, pick-ups, motorcycles (outside): seventy-five dollars ($75.00) per day.
            2.   Cars, pick-ups, motorcycles (inside): one hundred dollars ($100.00) per day.
            3.   Vehicle release charge (after regular hours, weekends and holidays): fifty dollars ($50.00).
            4.   Gate fee: seventy-five dollars ($75.00).
            5.   Admin fee (third party pickups and/or assessments at tower’s discretion): seventy-five dollars ($75.00).
      (2)   The owner of the vehicle will have the right to call a wrecker company of their choice if they so desire.
      (3)   A copy of the rates shall be posted at the Berea Police Department and the Berea Dispatch Center.
      (4)   Any towing company desiring to be placed on the city’s towing list shall abide by these requirements at all times and shall be solely responsible for the requirements of the chapter. Each towing company shall complete the City of Berea “Towing Service Rotation Application” which can be obtained and filed with the Berea Police Department. If at any time the information changes, it’s the company’s responsibility to update the information on the application.
      (5)   The City Council will review the rates in this section every two years.
(Ord. No. 13-2022, § I, 9-6-22)