(a) License application.
(1) The application for a towing license shall be made to the Director of Finance upon such forms as shall be prescribed by the Director of Public Safety. Each application for license shall include a filing fee of two hundred dollars ($200) for the first vehicle and fifty dollars ($50) for each subsequent vehicle, which shall not be refundable and which shall be the annual license fee for the towing permit. The license year shall commence on January 1st and expire on December 31st. Renewal fees shall be received by the City by January 15 of each respective year. Failure to properly renew may result in a license suspension or revocation and/or late fee at the discretion of the Director of Public Safety.
(2) The applicant, at the time of filing the application, shall furnish a certificate of insurance or an acknowledgement thereof, by an insurance carrier licensed to do business in the State, evidence of a garage keeper's legal liability to protect property left in his care, custody or control in an amount not less than one hundred thousand dollars ($100,000) and general liability in an amount not less than fifty thousand dollars ($50,000). In addition thereto, evidence of public liability and property damage insurance coverage in an amount of not less than three hundred thousand dollars ($300,000) per person coverage, and seven hundred fifty thousand dollars ($750,000) per occurrence shall be provided. Such policy shall provide that it shall not be terminated until after at least ten (10) days' notice shall have been given by the company issuing such policy in writing to the Director of Public Safety. The policy shall indemnify the City, its officers, agents and employees, and any and all third persons from loss or damage, by the reason of negligent or unlawful act committed or performed by the tow applicant, its agents or servants in conjunction with towing of any vehicle in response to a police call. This section applies to all applicants and tow operators including those authorized to perform heavy duty tows.
(3) The application shall contain the following business information of the applicant:
A. Name. If the applicant is a corporation, an incorporated partnership, or limited liability company, the name shown on the application shall be the name shown on the articles of incorporation.
B. Address.
C. Location of the applicant's premises and any auxiliary site for heavy duty storage.
D. Period in which applicant has been engaged in business.
E. Telephone number(s).
F. Any previous City license(s) obtained, refused, suspended or revoked.
G. Suspension(s) from the police tow list and/or notice(s) of warning for a towing violation received during the two years preceding the date of application.
H. Items E, F and G of Section 764.03(a)(4) herein, as they relate to the applicant, name on articles of incorporation.
(4) The application shall contain the following for every person who is the sole owner of the applicant's business, who is a partner or limited partner in the applicant's partnership business, or who is an officer in the applicant's corporate business:
A. Name.
B. Address.
C. Telephone number(s).
D. Physical description including height, weight, color of eyes and hair, and date of birth.
E. Business, occupation or employment during the two years preceding the date of the application.
F. Criminal history including the date and place of any convictions, except traffic offenses.
G. A set of fingerprints, obtained by the Toledo Police Department, unless a set is currently on file with the Department.
(b) Qualifications of towing licensees.
Every licensee shall:
(1) Maintain full-time towing service available for the Police Department.
(2) Provide full-time telephone communications with the Police Records Section.
(3) Provide, for the availability of at least two (2) approved tow vehicles, all equipped with wheel lifts, as required by Section 765.05, and a roll-back truck, which shall be, at all times, operable and manned with vehicle drivers.
(4) Maintain a valid special use permit, for the licensee's primary premises and auxiliary site if applicable.
(5) Provide to the Police Records Section a valid copy of any lease applicable to any tow vehicle approved for police ordered tows. Such leased equipment shall be used exclusively by the licensee, be leased by the year, and be stored at the licensee's primary premises.
(6) In order to qualify an applicant, every employee or tow driver that will tow or assist in a police ordered tow, must be a licensed driver, and may not have been convicted of: a felony, a theft offense involving any vehicle or any vehicle part or accessory, or any two (2) other theft offenses.
(7) Licensees must submit a complete list of employees and tow drivers that will be towing or assisting in the towing process of police ordered tows. This list shall include the names, dates of birth, and Social Security Numbers of such employees or tow drivers, for the purpose of background checks to confirm eligibility pursuant to subsection (6). All newly hired employees and tow drivers that will be towing or assisting with police ordered tows, must be cleared through the Police Impound Office before performing police ordered tows.
(Ord. 432-08. Passed 7-15-08.)