BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PAYETTE COUNTY, IDAHO;
Section 1: There is hereby adopted amended Sections 1, 2, 6, 7, 8, 9, 11, and 14 in Chapter 8 Title 5 of the Payette County Code, with all other sections not expressly addressed herein remaining the same:
COMPANY OWNER: Any person who has an ownership interest in a business, meaning a corporation; LLC; sole proprietor; partnership; or any other duly formed organization under the laws of Idaho.
DISABLED VEHICLE: A vehicle which has been abandoned or rendered unsafe to be driven as the result of some occurrence other than an accident including, but not limited to: a) mechanical failures or breakdowns; b) fire; c) vandalism; d) a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive; or e) any other occurrence which reasonably necessitates removal of the vehicle by a tow truck.
TOW TRUCK ROTATION LIST: A list of qualified licensed tow companies maintained by dispatch and which is used to determine the priority of the tow truck to be dispatched to the scene of a law enforcement tow. Only those businesses which have a tow truck and tow truck driver located within Payette County shall be on the rotation list. The business must also conform to subsection 5-8-8B of this chapter.
A. If a law enforcement officer determines a tow truck is needed at the scene of a law enforcement tow for a wrecked or disabled vehicle, dispatch shall call either the towing service, whether licensed or unlicensed, indicated to the law enforcement officer by the express preference of the owner, or, if the owner does not of his or her own initiative expressly request a particular towing service, the next available emergency tow company on the tow truck rotation list. Dispatch shall indicate to the emergency tow company the color, year, make, body and general condition of the vehicle to be towed. Based on the information provided, the tow company shall provide all necessary towing equipment. (Ord. 2018-3, 3-26-2018)
B. In order to be placed on the tow rotation the tow company must be able to respond to a call from dispatch within thirty (30) minutes, or in a reasonable time based upon road conditions and maintain a storage lot within Payette County accessible within thirty (30) minutes from any portion of the service area.
A. Tow truck companies licensed to perform law enforcement towing are responsible for wrecked and disabled vehicles and the contents therein, from the time of on scene pick up until the vehicle is removed from licensee's premises or is otherwise released from licensee's custody and control. Any damage or loss to said vehicle or contents while in the custody and control of licensee is the sole responsibility of licensee and Payette County assumes no liability for any such loss or damage.
B. Turning Down A Call: If a tow truck turns down a call or is unable to respond, it will be passed on its position on the rotation list. A tow service may not refer its calls to another tow truck service.
C. Unavailability: If any tow company becomes unavailable for any reason, the company may notify dispatch of the dates regarding their unavailability and their rotation slots will be skipped during that time frame.
D. Indemnification: Each tow company on the rotation shall defend and indemnify the county of Payette, and its officers, agents, employees, or other individuals associated with the County of Payette for any claim against the same arising out of a company's operation of a tow truck.
A. No person may provide law enforcement towing inside the County without first obtaining a law enforcement towing license. The license issued to an emergency tow company authorizes the licensee and all its bona fide employees to engage in dispatched law enforcement towing from the tow truck rotation list. Only one license may be issued to each emergency tow company owner, and a tow company owner can have no more than one tow company on the tow truck rotation list at any point in time. Licensed tow companies may not subcontract with other towing agencies, licensed or unlicensed, for the provision of law enforcement towing services. Applications for law enforcement towing licenses may be obtained at the Payette County Sheriff's Office beginning on May 1 of each year, and all completed applications must be received by the Payette County Sheriff no later than May 31 of each year. Incomplete applications which have not been completed will not be accepted. Tow service inspections for the upcoming licensing year shall be conducted by the Payette County Sheriff's Office during June of each year. All such licenses shall expire on June 30 of the following calendar year. The fee for said license shall be set by resolution of the Board of County Commissioners.
B. The company name shall be prominently displayed on the driver’s and passenger’s side doors and be permanently affixed to the vehicle.
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.
1. This includes a Company Owner that is a majority or minority owner.
2. This includes if the Company Owner is an executive of the towing company previously placed on the rotation list.
3. This includes if the Company Owner’s business is the parent company of another towing company already on the rotation list.
4. This includes if the Company Owner’s business is a subsidiary of another towing company already on the rotation list.
E. Any person or tow service provider may seek a waiver of the requirements outlined in subsection B C 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.
B. Violations And Temporary Suspensions: The following violations shall result in a written warning by the impound officer. Any repeat(s) of the same violation shall result in an immediate temporary suspension from the tow truck rotation list for a period not to exceed three (3) days. More than three (3) repeats of the same violation shall result in the imposition of a license revocation or suspension of more than three (3) days of licensee's law enforcement tow license in accordance with subsection C of this section.
4. Listing more than one tow truck company on a tow truck.
C. License Suspensions And Revocations: If the impound officer finds that any of the following violations have been committed, the impound officer shall issue an immediate twenty four (24) hour suspension of the licensee's law enforcement tow license, and make a recommendation to the Sheriff or his designee for revocation or suspension of said law enforcement tow license for more than three (3) days:
5. The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, or repair shop or facility, for the purpose of influencing such licensee's decision as to where a disabled or wrecked vehicle should be taken for repair.
D. Notice Of Intent: Within five (5) days of the impound officer's recommendation, if the Sheriff or his designee finds good cause that a violation of subsection C of this section has occurred, the Sheriff shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the Sheriff, in his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.
E. Right To Hearing: A licensee shall have the right to a hearing prior to the revocation or suspension of more than three (3) days of its law enforcement towing license, in accordance with the procedures set forth in subsection F of this section. If the licensee does not request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Sheriff, and any revocation shall be for the remainder of the current licensing year.
1. A licensee desiring such a hearing shall, within fifteen (15) days of the date of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Payette County Sheriff, together with a statement setting forth the factual basis and reasons for licensee's appeal of the decision. A copy of the request for hearing shall also be delivered to the impound officer.
2. The Sheriff or his designee shall conduct an informal public hearing within thirty (30) days after a request for hearing has been filed. The licensee and the Sheriff may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross examine or confront witnesses, except in the discretion of the Sheriff, nor shall the Idaho Rules of Evidence apply to such hearings. In the Sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.
H G. Removal from rotation: Once a law enforcement tow license has been revoked, that company shall be removed from the rotation list. After a tow company has been removed from the rotation list it is ineligible to participate in the rotation list and must reapply during the next application period.
E. Maintain its own separate locked, lighted and secured impound lot bordered by a chain link, 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.
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.
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.
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 |
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.
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.
Section 2: Any violation of this Ordinance shall be a misdemeanor punishable by not more than six (6) months in the Payette County Jail or a fine of not more than $1,000.00 or both.
Section 3: This Ordinance shall be in full force and effect immediately upon passage and publication as required by law.
Section 4: Any ordinances or resolutions which are in conflict with this ordinance are hereby repealed, but only insofar as the conflict exists.
Section 5: If any portion of this Ordinance should be found to be unconstitutional or unenforceable for any reason, the remainder of the Ordinance shall constitute Ordinance Number 2023-07.
Section 6: This Ordinance may be published by summary in accordance with the Statutes of the State of Idaho.
Approved by the Board of County Commissioners, Payette County, Idaho this 22 day of May, 2023 by a vote of 2 ayes and 0 nays.
BOARD OF COUNTY COMMISSIONERS FOR
PAYETTE COUNTY, IDAHO
BY_______________________________
Anne-Marie Kelso, Chair
ATTEST:
_____________________________
Lindsey Bratcher,
Payette County Clerk