CHAPTER 763
Towing

763.01    Definitions.

763.02    License required; application.

763.03    License for partial year.

763.04   Issuance of licenses.

763.05    Expiration of license.

763.06    Assignment or transfers of licenses.

763.07    License denial, suspension or revocation.

763.08    Hearings on charges; decision.

763.09    Judicial review.

763.10    Official acts used as evidence.

763.11    Separability clause.

763.12    Liability insurance required.

763.13    Extent of insurance.

763.14    Identification of tow trucks.

763.15    Transport sheet required.

763.16    Required records.

763.17   Responding to the scene of an accident.

763.18    Authority to issue rules and regulations.

763.99    Penalty.

CROSS REFERENCES

         Impounding of vehicles - see TRAF. Ch. 307

763.01 DEFINITIONS.

   (a)    "Class I License" means that type of license required for a business whose tow vehicle gross vehicle weight rating is less than 15,000 pounds.

   (b)    "Class II License" means that type of license required for a business whose tow vehicle gross vehicle weight rating is 15,000 pounds or more.

   (c)    "Director" means the Service-Safety Director of the City.

   (d)    "Driver or operator" means every person who drives or is in actual physical control of a tow truck on a public street or public right-of-way within the Municipality.

   (e)    "Owner" means a person who holds the legal title of a tow truck, or in the event

a tow truck is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, then such conditional vendee or lessee shall be deemed the owner for purposes of this chapter.

   (f)   "Person" means every natural person, firm, copartnership, association or corporation.

   (g)    "Towing" means the act of pulling or dragging any vehicle behind the wrecker or tow truck which is doing such pulling or dragging. The towed vehicle can be self-supporting, carried on a dolly type platform, or be supported on any other item necessary to facilitate such towing.

   (h)    "Wrecker or tow truck" means every motor vehicle which is designed and used to tow or transport any other motor vehicle. For purposes of this chapter, the terms wrecker and tow truck shall be synonymous.

(Ord. 97-141. Passed 6-17-97.)

763.02 LICENSE REQUIRED; APPLICATION.

   (a)    Any owner or operator conducting towing services and related activities in the Municipality is required to obtain all licenses pursuant to this chapter prior to engaging in this type of activity or business.

   (b)    Every application for such license as required by subsection (a) hereof shall be made in person at the office of the Service-Safety Director on forms provided and such pertinent information as the Director may deem necessary shall be given under oath. There shall be mandatory rejection of such application or revocation of any issued license if any of the required applications’ information is misrepresented or untrue.

   (c)    Each towing owner or business shall be issued a license upon payment of a fifty dollar ($50.00) fee per year for each license classification requested. Each application for the replacement of a lost, stolen or missing license shall be accompanied by five dollars ($5.00).

   (d)    Each tow truck operator license shall be issued upon payment of a fifteen dollar ($15.00) fee, and renewals thereof may be issued for a fee of eight dollars ($8.00). Each application for the replacement of a lost, stolen or missing license shall be accompanied by a fee of five dollars ($5.00).

   (e)    If for any reason an application is rejected and no license issued, all accompanying fees shall be returned to the applicant; otherwise, the fees collected under the provisions of this chapter shall be placed to the credit of the General Fund of the Municipality.

(Ord. 00-233. Passed 9-5-00.)

763.03 LICENSE FOR PARTIAL YEAR.

   (a)    The fee for any owner or business license obtained after the first day of July of any year shall be one-half of the original fee.

   (b)    The fee for any tow truck operator's license required pursuant to this chapter shall remain unaffected by the terms of this section.

(Ord. 97-141. Passed 6-17-97.)