Ordinance 1576ORDINANCE NO._76
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
CREATING A NEW CHAPTER TO THE EDMONDS CITY CODE,
CHAPTER 4.10, REGULATING AND LICENSING THE
OPERATION OF TOW TRUCKS, PROVIDING FOR A MINIMUM
IN EQUIPMENT STANDARDS, AND SERVICES AND DEFIN-
ING OFFENSES AND PROVIDING PENALTIES.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
DO ORDAIN AS FOLLOWS:
The Edmonds City Code is hereby amended by creating
a new chapter to read as follows:
Section 4.10.010 Definitions:
The following defini-
tions are adopted for the purpose of this chapter:
a. "Tow truck" means any vehicle intended, constructed
and/or equipped for the towing, transportation
and/or removal of vehicles from the scene of an
accident, or other disability; or for the purpose
of impoundment pursuant to a request from the
Police Department, or as appointed by the State
of Washington.
b. "Tow truck operator" means any person, firm or
organization engaging in the towing or transporting
of vehicles, or who, by advertising, representa-
tion or otherwise holds himself out as engaging
in such activity.
C. "Driver" means an individual who drives a tow
truck.
d. "City" means the City of Edmonds.
e. "Operating a tow truck" means the operation of any
tow truck which:
(1) Is stationed within the City; or
(2) Is dispatched from within or without the
corporate limits of the city and customarily makes
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trips for hire within the city for the
purpose of towing and/or transporting
vehicles; or
(3) Makes any trips into the City for that
purpose after occasional or repeated
advertising within the City of such
service, provided that the provisions
of this chapter shall not apply to any
tow truck which shall pass through the
City, for the purpose of towing and/or
transporting vehicles picked up at
points beyond the corporate limits of
the City.
Section 4.10.020 License Required - Application for
License: It is unlawful for any person, firm, corporation
or other organization to engage in the business of tow truck
operator or operating a tow truck within the City without
first obtaining and being the holder of a valid tow truck
service business license. Applications for a tow truck
service business license within the City shall be made to the
City Council upon forms to be prepared under its direction
and available at the office of the Chief of Police. Applica-
tion hereunder shall be accompanied by a license application
fee of $100.00. In the event the application is denied by
the City Council, 75% of the application fee shall be refunded.
Such applications 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 address from which business will
be operated;
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C. A list of all vehicles to be used in connection
with the business, with make, model, motor number,
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 posi-
tion 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 will be supplied by request
of the Police Department.
f. Experience that the applicant and/or employees
have had in the tow truck business.
g. Any other information the City Council or Police
Department deems necessary.
Section 4.10.030 Insurance. No license shall be
issued under this chapter nor shall any tow truck be operated
in this city, unless there is at all times in full force and
effect insurance coverage issued by an insurance company
licensed to do business in the State of Washington, for each
and every tow truck to be operated under the license, providing
for public liability insurance in the amount of $100,000.00
for personal injury to one person or $300,000.00 for injury
to more than one person arising out of each accident or
occurrence and property damage insurance in the amount of
$25,000.00 for each accident or occurrence. Evidence of
insurance policies for the full term of the license shall be
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submitted to the Police Department at the time of appli-
cation of the license. Such evidence shall be a certificate
from the insurance company that the insurance exists and
that it will not be cancelled without five days written
notice of cancellation previously given to the Police Depart-
ment.
Section 4.10.040 Registration and Regulation of Drivers.
Each applicant must submit to the Police Department with his
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, must be at least 21 years of age, must possess
a valid driver's license; and must not have been convicted
of driving while under the influence of intoxicants or drugs
or reckless driving within the last five years, or have been
convicted of any felony. It shall be unlawful for any
operator to knowingly employ a driver who has been convicted
of said offenses.
Section 4.10.050 Application Referral - License
Recommendation. Every application shall be referred to the
Police Department whose duty it shall be to investigate the
applicant and to inspect the vehicles utilized in the tow
truck business for the purpose of determining whether such
vehicles are properly equipped as provided in this chapter.
After inspecting the qualifications of the applicant, and the
vehicles to be used, the Police Department shall make a
recommendation to the City Council as to whether or not a
license under this ordinance should be issued.
Section 4.10.060 Investigation - Hearing on License
Application. Notwithstanding Section 4.10.050, the City
Council may make or cause to be made such additional investi-
gation and/or hearing as it may deem necessary to pass on
any application for license. In determining whether or not
a license should be issued, said Council shall consider:
a. Permanence and quality of service offered by
the applicant and the experience applicant has
had in rendering such service.
b. The information required to be provided in the
application.
C. The type, nature, quality and condition of the
equipment and tow trucks to be used.
If the City Council decides that the applicant is not fit to
conduct such a business, then the license application shall
be denied.
ection 4.10.070. Issuance of License - Fee. Upon
approval by the City Council of the license application, a li-
cense shall be issued to the applicant by the City, provided
that:
a. An initial license fee is paid in the amount of
$100.00 provided that the City Council may waive the
payment of this fee in those instances wherein the
licensee presently possesses a current business
service license in the City of Edmonds or is
currently performing and has numerous times in the
past satisfactory and acceptable tow truck services
in the City of Edmonds.
b. Said license shall expire on December 31st, and
the annual licensee fee thereafter shall be $25.00
per tow truck, owned, operated or utilized in
licensee's business.
Section 4.10.08Q Continuous Service. Each license as
herein secured shall be granted upon the condition that the
licensee shall provide service to the public on a 24 hour
basis and that one suitable single party telephone service
be obtained and maintained; and that radio equipment be
installed at the dispatching point and to each of the vehicles
and maintained in good working order at all times.
Section 4.10.090. Inspection. All vehicles operating
under the authority of this Ordinance shall be made available
for inspection at any reasonable time and place by the Police
Department for the purpose of determining whether there has
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been compliance with the provisions of this chapter.
Section 4.10.100 Rates.
All rates must be approved
by the City Council and all lists of rates be made a matter
of public record.
Section 4.10.110 - Charges - preparation of bills.
Every operator, his agent or employee, after towing a
vehicle shall prepare a bill in duplicate, the original of
which shall be given to the registered owner of such vehicle
or his authorized representative, and the copy retained by
the operator at his place of business for a period of at
least six months, and shall be exhibited to the police depart-
ment upon demand. The bill shall contain the following
information:
a. The name, address and telephone number of the
tow truck operator.
b. The name and address of person calling for and
engaging the tow truck.
C. License number and description of vehicle towed
such as the year, make, model and color of same.
d. The company number of the tow truck used.
e. Total amount charged for towing and storage,
and time and place from which towing commenced
and terminated.
Section 4.10.120 Reports. Each tow truck operator,
in addition to the requirements of 4.10.110, shall maintain
any additional records as may be prescribed by the Chief of
Police and such records shall be made available for
inspection by the Police Department at any reasonable time
and copies therefor shall be filed by the tow truck operator
within 24 hours request of the Police Department.
Section 4.10.130 Lifting and Towing. Any vehicle used
Q.
to tow for any fee- any other vehicle shall be designed
specifically for that purpose. Minimum lifting capacity per
boom shall be 6,000 pounds and no part of the mechanism
shall be rated less than 6,000 pounds. No tow truck shall
be used to lift any vehicle of such weight that the rate of
capacity is less than one and one-half times the lifted
weight.
Section 4.10.140 Emergency Lighting. Every tow truck
at the scene of an accident or disabled vehicle, or otherwise
while towing a vehicle shall display flashing red lights
visible 360° from the tow truck or such other marker lamps
and warning lamps prescribed by the laws of the State of
Washington.
Section 4.10.150 Performance Abilitv of Brakes.
The braking system of all combinations of vehicles (clas-
sification C-4 RCW 46.37.351) shall have a deceleration
ability of 14 feet per second squared, and a maximum stopping
distance of 40 feet from a speed of 20 miles per hour, such
distance to be measured from the point at which movement of
the service brake pedal control begins and on a flat (less
than 1% grade) smooth, dry, hard surface, free from loose
material.
Section 4.10.160 Safety Devices. Towed vehicles
may be towed by either slings and/or cables, and, in addi-
tion, must be secured to the tow truck by means of a draw-
bar or other connection of sufficient strength to hold the
towed vehicle on any grade where operated or under conditions
of severe braking and shall effectively eliminate whipping
or weaving of the towed vehicle. Effective boom locking
devices shall be used and, in addition, in the event of
failure of a boom lock, safety chains shall be attached to the
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towed vehicle. On tow trucks equipped with double booms,
both booms shall be secured to prevent side swing. When
one boom is used for lifting the towed vehicle, the unused
boom shall be secured to prevent movement while the tow
truck is in motion.
Section 4.10.170 License Revocation. In the event
of any violation of any of the provisions of this chapter,
a tow truck operator's license herein granted may be revoked
or suspended by the City Council. No revocation or sus-
pension shall be made by the City Council except after a
public hearing which hearing shall be held only after notice
to the licensee of the time and place of such hearing.
Notice shall be conclusively established by certified or
registered mail sent to the business address shown on the
application and/or license.
Section 4.10.180 Penalties.
Any person, firm,
corporation or other organization including the manager,
owners and officers, who shall violate any of the provi-
sions of this chapter shall upon conviction thereof be punished
by a fine and/or imprisonment, as provided in Section 5.12.170
of the Edmonds City Code.
Section 4.10.190 Severability. If any section, sub-
section, sentence, phrase or'a portion of this chapter is for
any reason declared invalid or unconstitutional by any court,
such portion or portions shall be deemed a separate, distinct
and independent provision and such holding shall not affect
the other portions remaining hereof.
APPROVED:
/MAM'�%/i
ATTEST:
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CITY CLERK
PASSED BY THE CITY COUNCIL: 9-21-71
FILED WITH THE CITY CLERK: 9-21-71
PUBLISHED: 9-29-71