Tow companies licensed to perform law enforcement tows must:
A. Maintain 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.
B. Not refuse to provide a law enforcement tow more than two (2) times in any calendar month.
C. Arrive at the accident within a reasonable time after having been notified to do so by dispatch. Such response time shall not exceed thirty (30) minutes.
D. Maintain a tow truck and tow truck driver, at all times, within Payette County.
E. 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; provided further that said lot shall be insured for fire, theft, and vandalism of the vehicles stored therein and further, shall be open for business not less than from nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. during business days. An agent of the emergency tow company must be on the premises to conduct the business of the tow company during the above stated days and hours.
F. The Payette County Sheriff's Office shall conduct an inventory of all items contained in or on an impounded vehicle to be towed, on a form provided by the Payette County Sheriff, the completion of said inventory form to be witnessed and initialed by a tow company driver on the scene. All items inventoried, which are not taken to Sheriff's property, shall remain in the custody and control of the licensee until released to the owner. If any item(s) is of an estimated value of one hundred dollars ($100.00) or more, and cannot be secured in the vehicle, the property shall be taken to Sheriff's property and a property invoice left in the vehicle or given to the vehicle owner, if the owner is available, at the time the vehicle is impounded.
G. When authorized by the law enforcement agency, deliver, in every instance, the wrecked or disabled vehicle to either a location of the owner's choice or the tow company's impound lot. An itemized statement of charges shall be provided to the vehicle owner upon request.
H. Report to the impound officer immediately all changes in tow trucks and equipment used in the licensee's law enforcement towing service and make all additional vehicles and equipment available for inspection by the impound officer. A tow truck which has not been inspected by the impound officer is not allowed to participate in the tow truck rotation list.
I. Before leaving the site of an accident, completely remove all resulting wreckage or debris, including all broken glass.
J. Maintain two-way communications on a twenty four (24) hour basis with the company's tow trucks.
K. Meet the following insurance requirements:
1. At their sole expense, tow companies shall procure and maintain in full force and effect, insurance written by an insurance company or companies with Best's rating(s) of A VIII or better. All insurance companies must be authorized to do business in the State of Idaho. By requiring insurance herein, Payette County does not represent that coverage and/or limits are necessarily adequate to protect the tow company and such coverage and/or limits shall not be deemed as a limitation on the tow company's liability under the indemnities granted to Payette County through this license.
2. Certificates of insurance evidencing the coverage required herein shall be provided to Payette County prior to performing any towing services for Payette County. All certificates must be signed by an authorized representative of the tow company's insurance carrier and must state that the issuing company, its agents, or representatives will provide Payette County thirty (30) days' written notice prior to any policies being canceled. Renewal certificates must be provided to Payette County within thirty (30) days after the effective date of the renewal.
3. Certificates shall be mailed to:
Payette County Sheriff's Office
1130 3rd Avenue North, Room 101
Payette, ID 83661
4. Certificates must evidence the following minimum coverage:
a. Workers' compensation insurance meeting the statutory requirements of the State of Idaho.
b. Employers' liability insurance providing limits of liability in the following amounts:
Bodily injury by accident | $100,000.00 each accident |
Bodily injury by disease | 500,000.00 policy limit |
Bodily injury by disease | 100,000.00 each employee |
c. Garage liability insurance providing limits of liability in the following amounts:
Auto only, each accident | $1,000,000.00 |
Other than auto only, each accident | 1,000,000.00 |
Other than auto only, aggregate | 3,000,000.00 |
The garage liability policy shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising from garage operations including premises, operations, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Auto coverage must show symbols 27, 28, and 29 or a separate business automobile liability policy also must be purchased.
Alternatively, tow companies may produce a certificate of insurance evidencing commercial general liability insurance providing limits of liability in the following amounts:
General aggregate | $2,000,000.00 |
Product/completed operations aggregate | 2,000,000.00 |
Personal and advertising injury liability | 1,000,000.00 |
Per occurrence | 1,000,000.00 |
Fire legal liability | 50,000.00 |
The commercial general liability ("CGL") insurance policy shall be written on an "occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract).
d. Business automobile liability insurance (required only if symbols 27, 28, and 29 are not shown for garage liability) providing bodily injury and property damage liability coverage for not less than one million dollars ($1,000,000.00) each accident limit. Business automobile liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or non-owned vehicles in connection with this agreement.
e. Garage keeper's liability insurance providing legal liability coverage, including comprehensive and collision, of not less than one hundred thousand dollars ($100,000.00) per location for customers' autos or auto equipment while the licensee is attending, servicing, repairing, parking or storing the customer's auto or auto equipment.
f. On hook/cargo insurance providing coverage for customers' autos while being towed or transported by the tow company with limits in the following amounts:
Light or medium duty truck | $ 50,000.00 |
Heavy duty truck | 100,000.00 |
Extra heavy duty truck | 250,000.00 |
5. Payette County and its elected officials, agents, employees, successors and assigns shall be named as additional insured under all policies except workers' compensation and employers' liability.
L. Nothing in this chapter shall be construed as obligating the emergency tow company to transport a disabled or wrecked vehicle when weather or road conditions make it impractical, impossible or dangerous to the operator. (Ord. 2018-3, 3-26-2018)