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Ordinance 2323MAE:lc 9/30/82 ORDINANCE NO. 2323 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SECTIONS 4.10.010, .020, AND .040 CONCERNING TOW TRUCK BUSINESS LICENSES. WHEREAS, the City of Edmonds regulates the licensing of tow truck businesses with the purpose of insuring the safety of the public, and WHEREAS, the City Council finds that certain revi- sions to the sections of the Edmonds City Code regulating tow truck businesses are necessary to effectuate this end, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 4.10.010 of the Edmonds City Code is hereby amended deleting certain definitions and instead setting forth the activities requiring a tow truck business license as follows: Section 4.10.010 License. Required No person shall engage in any of the following activities without first obtaining a tow truck business license or, with respect to subsection A only, without being a registered driver of a licensed tow truck business: A. Tow or transport, or attempt to tow or trans- port a motor vehicle, for hire from locations within the City of Edmonds and/or to destina- tions within the City of Edmonds, or B. Post signs advertising towing services within the City of Edmonds, or C. Direct, dispatch, permit or allow a tow truck driver to tow or transport, or attempt to tow or transport a motor vehicle, for hire, from locations within the City of Edmonds and/or to destinations within the City of Edmonds. Section 2. Section 4.10.020 of the Edmonds City Code is hereby amended to set forth the application require- ments as follows: Section 4.10.020 Application for License Applications for a tow truck business license within the City shall be made to the Chief of Police upon forms available at the Edmonds Police Department. Applications shall be accompanied by a license application fee of one hundred dollars ($100). In the event the application is denied by the City Council, seventy-five percent (75o) of the applica- tion fee shall be refunded. Such application shall contain the following information: A. Name and residence address of applicant, and if a firm, corporation or other organization, the names and residence address of all officers and persons owning a financial interest therein; B. Business name and the address or addresses from which tow trucks will be operated; C. A list of all vehicles to be used in connection with the business, with make, model, motor num- ber, year, current vehicle license number and color scheme of each vehicle; D. The name and residence address of all personnel to be engaged as employees in the operation of the tow truck business, with designation of the position and qualifications of each employee; E. Whether or not the applicant or any officer or employee has been convicted of a violation of any federal, state or municipal law and whether or not any person has claims or judgments against them for damages resulting from the operation of the tow truck business. If affirmatively answered, further information shall be supplied as requested by the Police Department; F. Experience that the applicant and/or employees have had in the tow truck business; -2- G. Any other information the City Council or Police Department deems necessary. Section 3. Section 4.10.040 of the Edmonds City Code is hereby amended to set forth the requirements for registration of tow truck drivers as follows: 4.10.040 APPLICATION AND REGISTRATION FOR DRIVERS A. Registration of Drivers Each tow truck operator must submit to the police department with his or her application a list containing the names and addresses of all proposed drivers, which shall be kept current at all times. All drivers must be fingerprinted by the Edmonds Police Department. B. Qualifications for Drivers 1. Age: A driver must be at least twenty-one (21) years of age. 2. Drivers License: A driver must possess a valid Washington drivers license. 3. Criminal Traffic Record: A driver must not have been convicted of any major criminal driving offense including, but not limited to the following: a. driving while intoxicated; b. physical control of motor vehicle while intoxicated; C. reckless driving; d. hit and run attended or unattended; e. negligent driving. 4. Civil Traffic Record: A driver who has committed three or more traffic infractions within the last five years may be disquali- fied if the Police Chief finds that such a record demonstrates a substantial disregard for public safety. 5. Felony Record: A driver must not have been convicted of a felony within the last ten years if such felony directly relates to the position of tow truck driver or such as theft, assault or eluding a police officer. -3- Section 4. If any section, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the valid- ity or constitutionality of any other section, sentence, clause, phrase or word of this ordinance. Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRE E VARNEY MORAN APPROVED AS TO FORM: OFFI/.,C,E OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: October 1, 1982 PASSED BY THE CITY COUNCIL: October 12, 1982 POSTED: October 13, 1982 EFFECTIVE DATE: October 18, 1982 -4- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 13 day of October , 1982, affiant posted true and correct copies of the attached Ordinance No.2323 , passed by the City Council on the 1_ day of nrtnhar , 19R2, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 13 day of October , 19 82 . SUBSCRIBED AND SWORN to before me this day of to y Public in and for the State of W hington�iding at