A. Availability; Base Station: Each licensee shall maintain a single, twenty four (24) hour towing service, available seven (7) days per week, with the dispatch of such service to be from base stations or an answering service. Two (2) or more licensees may share a base station.
B. Display Of License; Place Of Business: Each license issued pursuant to this chapter must be posted and kept in a conspicuous place in the main place of business of the licensed tow company. The main place of business shall be either the tow lot from which citizens will retrieve their vehicle or a business office at which the licensee or representative can be reached twenty four (24) hours a day.
C. Maintenance Of Trucks And Equipment: All tow trucks used pursuant to a towing license, to include all required accompanying equipment, shall be maintained in good working order and safety certified through inspection at all times.
D. Identification Of Trucks; License Sticker Displayed: All tow trucks used pursuant to a towing license shall be readily identifiable by conspicuous permanent painting or lettering with the name of the tow company, and shall display a license sticker issued by the City Clerk on the inside lower right hand corner of the windshield.
E. Phone Book Entry: Each licensee shall maintain an entry in a local phone book under the operating name of the tow company.
F. Operator's Certification Of Training Required: All operators of tow trucks covered by a towing license are required to receive a nationally recognized operator's certification of training within one year of employment as a tow truck operator. Copies of the training certification shall be provided to the City Clerk and the Police Department.
G. Licenses Required: All operators of tow trucks covered by a towing license must maintain a current and valid Idaho driver's license, and must carry said license on their person, along with a copy of the towing license which covers the vehicle they are operating, at all times when operating the tow truck on public roadways or while engaged in the act of towing or otherwise moving a vehicle.
H. Prohibited Persons: No person who has pled guilty to or been convicted of, regardless of the form of the judgment, any crime punishable by incarceration in a State correctional facility or any crime of violence, harassment or theft, shall be eligible to receive a license under this chapter or operate a tow truck covered by a license issued under this chapter until five (5) years has passed since the date of initial entry of judgment.
I. Changes To Business: The City Clerk and the Police Department shall be notified in writing within ten (10) days of any change, either wholly or in part, of the ownership of the licensed entity or any change of address or business name of the licensed entity.
J. Impound Lot; Operational Requirements: Each licensee shall maintain its own separate locked, lighted and secured impound lot, bordered by a chainlink, steel or concrete fence not less than six feet (6') in height and maintain insurance on said property to cover any fire, theft and vandalism of vehicles stored upon the property. In addition, the licensee is required to maintain an agent on the premises at all times or, in the alternative, to post a clearly legible and visible phone number on the premises which can be used to contact the licensee or an agent of the licensee at any time. The licensee or agent must be immediately available to respond to the impound lot upon request and allow for retrieval of personal property or recovery of towed vehicles at any time, day or night. The licensee or agent may deny immediate recovery of personal property or the towed vehicle if there is an identifiable safety issue. An identifiable safety issue means obvious intoxication or aggressive behavior by the person wishing to retrieve the possessions or the vehicle which can be documented by the licensee or agent. When such refusal of service occurs, the licensee shall send notification in writing to the Police Department the next business day. Licensees may only charge for removal of personal property when it occurs after hours at the request of the owner of the personal property as described in section 3-16-7 of this chapter.
K. Liability Insurance: Each licensee shall procure and maintain throughout the term of the license a commercial general liability insurance policy, naming the City as an additional insured, in an amount not less than one million dollars ($1,000,000.00) and a current copy of such shall be filed with the City Clerk and the Police Department. In addition, each tow truck operated under a towing license shall be insured pursuant to Idaho Code title 49, with proof of such insurance to be located within each vehicle.
L. Professional Conduct: All licensees and employees and other agents of licensees shall conduct themselves in a professional manner at all times when dealing with members of the public. Documented verbal and/or physical abuse towards citizens will not be acceptable and may be grounds for suspension or revocation of the related tow license or denial of a renewal of the license.
M. Acceptable Payment: Licensees shall accept major credit cards as well as cash for payment of any fee authorized by this chapter. A three percent (3%) administrative fee may be charged when accepting payment by credit card. (1952 Code § 10-23-02.2)