All persons, before undertaking the business of the towage, movement or impounding of motor vehicles under the direction and authority of any municipal officer, shall first meet the qualifications and standards herein established, and, upon meeting such standards by furnishing proof thereof to the Mayor, shall then obtain a license from the Mayor authorizing and qualifying such operator to undertake such business. No one herein mentioned shall undertake the business of motor vehicle towage, movements, impounding or storage pursuant to the directive of a municipal officer, unless first duly licensed to do so under the terms of this section.
In the renewal or reissuance of such license, the Mayor shall be guided by the following standards and requirements:
(a) All tow trucks used for municipal towing shall be in good mechanical condition and capable of passing municipal or State safety inspections;
(b) All tow trucks used for municipal purposes shall be maintained and kept in good appearance;
(c) All tow trucks shall be equipped with lights in conformity to State law and shall be equipped with at least one flashing light or a combination of flashing lights visible from a distance of 500 feet from any angle of approach;
(d) All tow trucks shall bear the name of the person owning or leasing the truck;
(e) All tow trucks shall be equipped with portable flares and flags;
(f) All tow trucks shall be equipped with power winches in good working order with cable in good condition and of sufficient length to perform all reasonable towing and retrieving of motor vehicles in the weight class specified for the truck;
(g) All towing and impounding operators shall have immediately available at their place of business a heavy duty porto-power jack, cutting torch and tow dollies;
(h) All tow trucks shall be equipped with adequate chains of sufficient weight and length for the class of towing specified for the truck;
(i) All tow trucks shall be equipped with battery jumper cables;
(j) All tow trucks shall be equipped with tow bars capable of towing motor vehicles without damaging them and constructed to make a solid hook to the towed vehicle and be capable of towing without sway;
(k) All tow trucks shall be equipped with broom and shovel and/or other adequate cleanup equipment;
(l) All tow trucks shall be equipped with wheel chocks, necessary blocks, hand tools and other miscellaneous equipment required to perform the job in an efficient and safe manner;
(m) All tow trucks used for truck towing shall have adequate air hoses and connections to hook to the towed vehicle in order to make the towed vehicle’s brakes operative;
(n) All tow trucks shall have adequate wiring and lights in order to provide lights on the rear and sides, if necessary, of the towed vehicle;
(o) All operators of tow trucks shall be experienced and capable of performing the required operation in a minimum of time;
(p) All operators of tow trucks operating under municipal direction shall be neat in appearance and courteous at all times;
(q) All operators will follow directions of the Division of Police relative to the time when vehicles may be moved from crime or accident scenes;
(r) No vehicle ordered towed by the Division of Police shall be released until the provisions of Section 303.08 have been complied with;
(s) The tow operator shall be responsible for all vehicles and contents ordered towed by them by the Division of Police from the time they hook onto the vehicle;
(t) All tow operators shall be responsible for obtaining a written release from the Division of Police and disposing of towed vehicles according to law after the waiting period required by law;
(u) All tow operators shall be available for service calls from the Division of Police or other municipal department twenty-four hours each day, seven days each week and shall report to the call within a reasonable time or risk another operator being called. In the event another operator is called, the first one called will be disregarded even though he arrives, and the second operator will take the tow;
(v) All tow operators doing municipal towing shall file a rate schedule with the Mayor. Such rate schedule shall be current and shall include storage charges. No charge in excess of such rates shall be made by such operator;
(w) All such towing and impounding operators shall furnish proof of public liability insurance covering personal injury and property damage which might be occasioned to others in an amount and form approved by the Director of Law and shall designate the Municipality as a named insured therein;
(x) Such towing or impounding operator shall agree, in writing, to undertake such work as an independent contractor and not as an agent or employee of the Municipality, shall furnish a statement to such effect and furthermore shall agree to save the Municipality harmless for the neglect of himself or his agents or employees in such towage or impounding operations.
The Mayor may refuse the issuance of a license for the noncompliance of any of these conditional prerequirements.
No such towing or impounding operator shall be regarded as an agent or employee of the Municipality but, rather, shall be deemed an independent contractor.
The license herein required shall be issued, renewed and reissued yearly. The fee therefor shall be ten dollars ($10.00). Such license shall be suspendable or revocable by the Mayor at any time for cause, upon first serving written notice to such effect upon the holder. Failure to continue to meet any of the standards herein established or conviction of an offense involving moral turpitude shall constitute cause for license suspension or revocation. The licensee shall have a right to a hearing before the Mayor within twenty days of the receipt of written notice of license revocation. He shall communicate, in writing, his desire for such hearing to show cause why his license should not be revoked or suspended. The Mayor's decision, after such hearing, shall be appealable to Council whose decision, after a similar hearing, shall be final.
(Ord. 14-1966. Passed 2-27-66.)