Chapter 5.56 TOW TRUCKS

“Tow truck” means any vehicle designed or intended to tow vehicles, remove vehicles from the scene of an accident, disability or impounding pursuant to a request from the Police Department, and constructed and equipped as set forth hereinafter. (Ord. 577 § 1, 1972).

5.56.020 License — Required.

It is declared to be essential to the public interest that no person shall be authorized or permitted to operate a tow truck business within the city limits of Redmond unless such person shall be the holder of a valid license issued by the city. (Ord. 577 § 2, 1972).

5.56.030 License — Application.

Every person desiring to operate or have charge of a tow truck business within the city shall make written application to the City Clerk for a license to do so. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 3, 1972).

5.56.040 Registration certificate and inspection report required.

The application filed with the City Clerk shall be accompanied with a registration certificate from the Washington State Department of Licensing, an inspection report by the Washington State Patrol and a “Letter of Appointment” issued by the State Commission on Equipment pursuant to WAC 204-70. (Ord. 1740 § 1, 1993: Ord. 1539 § 1 (part), 1989: Ord. 1271 § 1, 1985: Ord. 577 § 4, 1972).

5.56.050 Proof of insurance required and indemnification agreement.

(A) Every operator shall obtain and present a certificate of insurance to the City Clerk for a policy or policies of public liability insurance, issued by an insurance company or companies authorized to do business in the state, providing indemnity for or protection to the city as well as providing public liability insurance coverage for each and every vehicle owned, operated and/or leased by the applicant, for injury to or death of persons, passengers or otherwise, in accidents resulting from any cause by which the owner and/or operator of the vehicle would be liable on account of any liability imposed upon him by law, regardless of whether the vehicle was being driven by the owner or his agent, and as against damage to the property of another, including personal property under like circumstances, in the minimum sums of five hundred thousand dollars for liability for bodily injury or property damage per occurrence. The policies shall name the city as an additional insured.

(B) A copy of such insurance policy shall be subject to approval as to both sufficiency and form by the City Attorney. Every such policy of insurance shall provide that the liability of the insured shall not be affected by the insolvency or bankruptcy of the insured. The policy shall be for the benefit of any and all judgment creditors and shall extend to the period to be covered by the license applied for and the insurer shall give not less than thirty days’ written notice to the City Clerk in the event of material change, lapse or cancellation.

(C) In addition to the insurance requirements specified in subsections A and B of this section, every operator shall execute a hold harmless and indemnification agreement, approved by the City Attorney’s office, in which the operator agrees to protect, defend, hold harmless and indemnify the city, its officers, agents and employees from and against all claims, suits and actions for all damage or injury (including any claims or suits related to personal injury or property damage in any way connected to the use and operation of a vehicle) arising from the negligent and/or malicious acts or errors or omissions and any wilful, wanton, malicious or intentional tortious conduct on the part of the operator or its agents and/or employees. Operator further agrees to fully indemnify the city from and against any and all costs, including attorneys’ fees, of defending any such claim or demand. Additionally, operator specifically waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its agents or employees and agrees that the obligation to indemnify the city extends to any claim, demand, or action brought by or on behalf of any agent or employee of operator, and includes any judgment, award, and cost thereof, including attorneys’ fees, incurred. This subsection shall not apply to claims and damages arising from the sole negligence of the city, its officers, agents and employees. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 5, 1972).

5.56.060 License — Fee.

Every application shall be referred to the Police Chief or the Police Chief’s designee who shall investigate the applicant, and if satisfied with his qualifications, advise the City Clerk that a license be issued. Upon the advice of the Police Chief, the City Clerk shall, upon receipt of the annual license fee, issue an original license which shall expire on December 31 of the year in which the original license is issued. After this original license expires, the Police Chief may, provided all of the applicant’s qualifications remain valid, approve annual renewal licenses which shall expire on December 31st of the year in which the renewal license is issued. An annual license fee shall be established by Council Resolution for each vehicle to be operated, and a separate license shall be required for each vehicle, describing the specifically licensed vehicle. (Ord. 1566 § 3 (part), 1990: Ord. 1539 § 1 (part), 1989: Ord. 1480 § 13, 1989: Ord. 577 § 6, 1972).

5.56.070 Ownership.

The applicant shall furnish full information concerning ownership, number and classification of vehicles to be operated, the name under which the applicant intends to operate, and such other information as may be deemed by the Chief of Police to be necessary for proper supervision and regulation of such vehicles. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 7, 1972).

5.56.080 License — Approval.

If the Police Chief shall find from his investigation and from the information obtained that the applicant is a financially responsible person, the bona fide owner of the vehicles for which the licenses are sought, has met all of the requirements of this Chapter, that the vehicles are safe and equipped with valid state licenses, that they are properly bonded for the protection of the public as required by the motor vehicle laws of the state, and that the convenience and necessity of the City will be promoted by granting such applicant one or more licenses, then the Police Chief shall grant the license or licenses applied for. (Ord. 1566 § 3 (part), 1990: Ord. 1539 § 1 (part), 1989: Ord. 577 § 8, 1972).

5.56.090 Driver — Current list required.

Each operator must submit to the City Clerk, with the application, a list of proposed drivers with each proposed driver’s respective birthdate and Washington State Driver’s License number. Each operator shall have the duty to keep this proposed list current. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 9, 1972).

5.56.100 Inspection.

(A) The Washington State Patrol shall have the primary duty to inspect vehicles operating under the authority of this chapter. However, all vehicles operated under the authority of this chapter shall be available for inspection at any reasonable time and place by the Chief of Police, or the Police Chief’s designee. The Chief of Police or Police Chief’s designee shall inspect a vehicle to determine cleanliness, proper and safe equipment, good appearance, safe operating condition and shall in all cases be the sole judge in this determination. Further, the Chief of Police or Police Chief’s designee shall at the time of this inspection ascertain that the vehicle is licensed pursuant to this chapter and properly bonded for public protection and that the applicant has obtained a “Letter of Appointment” pursuant to WAC 204-70.

(B) If the Chief of Police or Police Chief’s designee determines during this inspection that the condition of any vehicle needs correction, then the Chief of Police or appropriate designee shall issue to the operator or driver thereof a notice in writing specifying such defects and the defects shall be remedied at a date to be fixed in such notice.

(C) The Chief of Police, upon written notice, shall order any such tow vehicle for hire to cease operation immediately if in the Chief of Police’s determination the vehicle is in an unsafe condition. (Ord. 1740 § 2, 1993; Ord. 1539 § 1 (part), 1989: Ord. 1271 § 2, 1985: Ord. 577 § 10, 1972).

5.56.110 Driver — Regulations.

It is unlawful for any operator to knowingly employ any driver who has been convicted of a felony and who has not, at the time of employment, had full civil rights restored and is no longer under supervision of any parole or probation officer. All drivers must be at least twenty-one years of age. (Ord. 577 § 12, 1972).

5.56.120 Rates.

All rates charged by tow truck licensees shall be submitted to the Chief of Police for approval based upon the prevailing rates charged in the area and all lists of rates shall be made a matter of public record. (Ord. 819 § 1, 1978: Ord. 577 § 13, 1972).

5.56.130 Location and base of operation.

It is unlawful for a tow truck to be stored, parked or dispatched at any point other than that specifically named in the application for license, except that any vehicle may be parked at or dispatched from the residence of any driver whose name is on file with the City Clerk. (Ord. 875 (part), 1979; Ord. 577 § 14, 1972).

5.56.140 Twenty-four hour service.

Each license secured as provided in this chapter shall be granted upon the express condition that the person, firm or corporation securing the license shall provide service to the public on a twenty-four-hour basis and that:

(1) Suitable single-party telephone service be obtained and maintained; and

(2) Radio equipment be installed at the dispatching point and in each of the vehicles and maintained in good working order at all times. (Ord. 577 § 15, 1972).

5.56.150 Impound and storage yards.

Any licensee impounding or storing vehicles by public or private authority shall be required at all times to provide an area for the safe and secure storage of such vehicles either in a locked building or within a suitably enclosed area, adequately fenced and lighted, which shall be located in an appropriately zoned area within the city limits, except for “in-place” impounds, and the release of any impounded vehicle shall be processed entirely within the city limits. (Ord. 577 § 16, 1972).

5.56.160 Charges — Preparation of towing bills.

Every operator, his agent, or employee, after towing a disabled vehicle away shall prepare a bill in duplicate, the original shall be given to the owner of such vehicle or his authorized representative, and the copy retained by the operator at his place of business for a period of six months, and shall be exhibited upon demand by the Chief of Police or Police Chief’s duly authorized representative. The bill shall contain the following information:

(1) Name, address and place of business and name of operator;

(2) Name and address of person calling for and engaging the tow truck;

(3) State license and description of disabled vehicle;

(4) The company number of the wrecker or other vehicle used for towing purposes;

(5) Total amount charged for towing and storage;

(6) The time and place from which the towing commenced and terminated. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 17, 1972).

5.56.170 License — Grounds for revocation.

The grounds for the revocation of a license issued hereunder are as follows:

A. The license was procured by fraudulent conduct or false statement of a material fact, or that a fact concerning the applicant was not disclosed at the time of his making application.

B. The licensee, his agent, or representative has offered to pay or has paid directly or indirectly a gratuity or a reward to any person not a bona fide employee of the operator for furnishing information as to the location of a disabled vehicle.

C. If any employee of the City or any of its departments has any interest, whether as an owner or operator, partner, employee, or otherwise, directly or indirectly, in the business of an operator licensed under this Chapter.

D. If any operator or employee fails to report to the Police Department any calls received to remove a vehicle from the scene of an accident without notification to the Police Department.

E. Interception by the licensee or any employee thereof of police calls by short wave radio or otherwise, or monitoring of short wave messages not specifically directed to the operator or his employee for the purpose of going to the scene of accidents.

F. Failure to keep records or issue receipts as required by this Chapter.

G. Failure to maintain full service or any misrepresentation of availability of service, when called.

H. The charging of rates in excess of those provided for in this Chapter. (Ord. 1566 § 3 (part), 1990: Ord. 577 § 18, 1972).

5.56.180 Lifting and towing.

Any vehicle used to tow, for any fee, another vehicle shall be designed and constructed specifically for this purpose. Minimum lifting capacity per boom shall be six thousand pounds and no part of the mechanism, winches, booms, blocks, winch brakes and cable shall be rated less than six thousand pounds. No tow truck shall be used to lift any vehicle of such weight that the rated capacity is less than one and one-half times the lifted weight. (Ord. 577 § 19, 1972).

5.56.190 Emergency lighting.

Any tow truck at the scene of an accident or disabled vehicle or while towing a damaged or disabled vehicle, shall display flashing red lights visible three hundred sixty degrees from the tow truck and such other marker lamps and warning lamps as prescribed by the Commission on Equipment, state of Washington. (Ord. 577 § 20, 1972).

5.56.200 Weight ratio.

The tow truck and towed vehicle weight ratio shall not result in the towing vehicle being less than sixty percent of the total weight of the combination, except that when the towed vehicle exceeds forty percent of the total weight of the combination, the towed vehicle must be equipped with brakes operable with the brakes of the towing vehicle, or be operated by a qualified person riding in the towed vehicle when such vehicle is flat-towed. (Ord. 577 § 21, 1972).

5.56.210 Brakes — Performance ability.

Braking systems on all combinations of vehicles (Classification C-4, RCW 46.37.351) shall have a deceleration ability of fourteen feet per second squared, and a maximum stopping distance of forty feet from a speed of twenty miles per hour, such distance to be measured from the point at which movement of the service brake pedal or control begins and on a flat (less than one percent grade), smooth, dry, hard surface, free from loose material. (Ord. 577 § 22, 1972).

5.56.220 Safety devices.

Towed vehicles may be towed by either slings and/or cables, but in addition 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 a failure of a boom lock, safety chains shall be attached to the 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 tow truck is in motion. (Ord. 577 § 23, 1972).

5.56.230 Enforcement.

The City Clerk shall enforce this chapter with the assistance of the Chief of Police. If the City Clerk finds that any licensee has violated or failed to comply with any provisions of this chapter, then the City Clerk shall make a written record of such finding, specify therein the particulars and the City Clerk may revoke or suspend the license for a period to be fixed by the City Clerk in which event the license shall be surrendered and canceled by the City Clerk in case of revocation, or returned to the licensee on expiration of the period of suspension; provided, however, such revocation for violation of any provisions of this chapter shall not relieve the licensee of the penalties provided therein. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 24, 1972).

5.56.240 Appeal.

Any licensee whose license is revoked or suspended shall have the right to appeal to the City Council from such revocation or suspension by filing with the City Council a written notice thereof within five days after the notice of entry of the order of revocation or suspension. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal. At the hearing, the licensee shall be entitled to appear in person and offer evidence pertinent to the revocation or suspension; and the City Clerk or a designated representative shall likewise be entitled to be heard at the hearing and to offer evidence in support of the order of revocation or suspension, and its action in that respect shall be final and conclusive. From the time of filing of the written notice of appeal until the hearing and action by the City Council, the City Clerk’s order of revocation or suspension shall be ineffective. Any suspended or revoked license shall be surrendered to the City Clerk’s office. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 25, 1972).

5.56.250 Additional rules.

The City Clerk may make and enforce reasonable rules and regulations consistent with this chapter, including provisions for inspection by the Chief of Police of vehicles used hereunder. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 26, 1972).

5.56.260 Other licenses required.

The operation of any tow truck business as defined in this chapter shall not be declared ancillary to the operation of any other business, and both or all such businesses shall be required to have valid business licenses, as prescribed by other city ordinances. (Ord. 577 § 27, 1972).

5.56.270 Penalty for violation.

Anyone violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor offense and be punished by a fine not to exceed one thousand dollars, and/or imprisonment in jail for a term not exceeding ninety days. (Ord. 1539 § 1 (part), 1989: Ord. 577 § 29, 1972).