(1) Tow truck companies must be established Idaho businesses, filed with Idaho secretary of state, or have a registered agent listed with the Idaho secretary of state.
(2) Tow truck companies may not assign, contract, or utilize the services of anyone to respond to a call or supervisor or safeguard items recovered under this agreement who has been convicted of any offense:
A. That pertains to alteration or removal of a vehicle's identification number, theft and/or injury to vehicles, unlawful possession of burglary tools, petty theft, grand theft, robbery, arson, extortion, forgery, false imprisonment, and burglary within the past ten (10) years.
B. Any offense, the elements of which include the infliction or threat of bodily injury or death to a person or persons, including, but not limited to, homicide, rape, assault, kidnapping, menacing or coercion within the past ten (10) years.
C. Reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death, hit and run, any drug use, possession or sale, and evading a police officer within the preceding five (5) years.
D. Any crime, whether a felony or misdemeanor, that is a sex crime or the elements of which would fall under Idaho's sex crime statutes, including, but not limited to, sexual assault, sexual harassment, sexual exploitation of a minor, and child molestation. A sex crime includes, but is not limited to, any offense for which an individual must register as a sex offender.
E. Any felony crime against property, including theft, burglary or criminal trespass, providing that such crime will be disqualifying only if: 1) the conviction occurred within the ten (10) years preceding the date of determination, or 2) the applicant or tow company agent/owner has any previous conviction of such a crime.
(3) Any person or tow service provider may seek a waiver of the requirements outlined in subsection (2) of this section by submitting a request for waiver within fourteen (14) days of notification along with any evidence or information the appealing party feels relevant to mitigate or refute the disqualifier.
A. The inspection officer will review the information and make a determination whether to grant or deny the requested waiver.
B. A denial may be appealed within fourteen (14) days from the denial by the inspection officer to the sheriff. A denial by the sheriff will be considered final. Failure to exhaust your administrative remedies will result in a denial of your waiver.
(4) Tow truck companies must submit the name, date of birth and social security number of each driver for driver's status and criminal record checks.
(5) Tow truck companies must provide a process whereby owners may register complaints or grievances including a method to reduce to writing any complaint or grievance if requested by complaining party. Any complaint or grievance reduced to writing must be forwarded to the inspection officer within five (5) business days of its receipt.
(6) Services provided by tow truck companies must be available twenty four (24) hours a day, seven (7) days a week by phone with a maximum of two (2) phone numbers to be called for service.
(7) Tow truck companies on the rotation must maintain a secure and accessible storage lot or building in which vehicles towed for Canyon County are stored and secured from vandalism, damage, and/or theft in each area served.
(8) The storage facility must:
A. Be large enough to accommodate high occupancy vehicles and personal vehicles towed within Canyon County.
B. Be surrounded by a well maintained fence at least six feet (6') in height with all means of ingress and egress secured or be a locked and secured building.
C. Be at the same location as the business address or if not then the tow truck company may not charge for additional distance traveled to and from a secondary location, or for retrieving vehicles or property at a secondary storage location.
D. Shall be open and staffed during business days, nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. Monday through Friday (excluding lunch hour).
(9) Each tow truck on the rotation must have at least the following equipment and all required equipment must be maintained in safe and good working condition:
A. Vehicle lighting and equipment as specified by Idaho Code.
B. Amber, red or a combination of amber/red emergency lights visible for three hundred sixty degrees (360°).
C. Additional equipment consisting of:
1. High visibility vests or coats complying with ANSI/ISEA 107, 2004 edition, class 2 or 3, which must be worn by all towing company employees while working within the right of way of any federal aid highway;
2. At least five (5) traffic cones;
3. At least one, or an equivalent, fully charged fire extinguisher having a minimum of five (5) pounds of ABC dry chemical;
4. Broom;
5. Shovel;
6. Lights for towed vehicle; and
7. Tow bar, cradle, towing dolly or equivalent for towing passenger cars.
Tow truck companies must be able to provide and perform adequate traffic control during a tow or recover operation lasting longer than one hour.
(10) Each tow truck must have the business name and phone number of the tow truck company clearly and permanently painted or otherwise attached on both sides of the truck.
(11) Each tow truck company must provide a list of their proposed hourly rate, mileage rate, and storage fees. (Ord. 15-003, 2-27-2015)