A. 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.
B. 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:
1. That pertains to alteration or removal of a vehicle's identification number, theft and/or injury to vehicles, unlawful possession of burglary tools, petit theft, grand theft, robbery, arson, extortion, forgery, false imprisonment, or burglary within the past ten (10) years.
2. 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.
3. 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.
4. 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.
5. Any felony crime against property, including theft, or criminal trespass, providing that such crime will be disqualifying only if: a) the conviction occurred within the ten (10) years preceding the date of determination, or b) the applicant or tow company agent/owner has any previous conviction of such a crime.
C. Any person or tow service provider may seek a waiver of the requirements outlined in subsection B 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.
1. The inspection officer will review the information and make a determination whether to grant or deny the requested waiver.
2. 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.
D. 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. (Ord. 2018-3, 3-26-2018)