Chapter 5.68
VEHICLE TOWING AND GARAGE SERVICES
Sections:
5.68.040 License – Application – Contents.
5.68.050 License – Application – Fee.
5.68.060 License – Insurance policy requirements.
5.68.070 License – Investigation of applicant.
5.68.080 License – Standards for issuance.
5.68.100 License – Revocation.
5.68.120 Promulgation of regulations by chief of police.
5.68.010 Title.
This chapter shall be known and may be cited as the “wrecker ordinance.” (Ord. 69, 1956; prior code § 9-601)
5.68.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” is always mandatory and not merely directory.
“City” means the city of Seaside.
“Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.
“Wrecker” means a person engaged in the business or offering the services of a vehicle wrecker or towing service, whereby disabled motor vehicles are towed or otherwise removed from the place where they are disabled by use of a wrecker so designed for that purpose or by a truck, automobile, or other vehicle so adapted to that purpose. (Ord. 69, 1956; prior code § 9-602)
5.68.030 License – Required.
No wrecker shall engage in business within the city or offer such service within the city without first obtaining a license as provided in this chapter from the city clerk. (Ord. 69, 1956; prior code § 9-603)
5.68.040 License – Application – Contents.
Applications for licenses issued under this chapter shall be made upon blank forms prepared and made available by the chief of police and shall state:
A. The name, home address, and proposed business address of the applicant;
B. The location, description and hourly availability of the tow trucks owned or operated by the applicant;
C. That the applicant has available space for properly accommodating and protecting all disabled vehicles to be towed or otherwise removed from the place where they are disabled;
D. Such other information as the chief of police shall find reasonably necessary to effectuate the purpose of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with. (Ord. 69, 1956; prior code § 9-604)
5.68.050 License – Application – Fee.
An application under this chapter shall be accompanied by an application fee of ten dollars. (Ord. 69, 1956; prior code § 9-605)
5.68.060 License – Insurance policy requirements.
A. No license shall be issued to an applicant under this chapter until he shall have deposited with the chief of police the following insurance policies:
1. Garage Keeper’s Policy. A garage keeper’s legal liability policy, covering fire, theft, and explosion in the minimum amount of ten thousand dollars, and collision coverage of five thousand dollars for each accident deemed a separate claim;
2. Garage Liability Policy. A garage liability policy, covering the operation of the applicant’s business, equipment, or vehicles, for any bodily injury or property damage. This policy will be in the minimum amounts of ten thousand dollars for any one person killed or injured and one hundred thousand dollars for more than one person injured or killed in any one accident. This policy shall also provide five thousand dollars coverage for all damage arising out of injury to or destruction of property.
B. Notice of Change or Cancellation. Each policy required in this section must contain an endorsement providing for ten days’ notice to the city in the event of any material change or cancellation. (Ord. 69, 1956; prior code § 9-606)
5.68.070 License – Investigation of applicant.
Within seven days after receipt of an application as provided for in this chapter, the chief of police shall cause an investigation to be made of the applicant and of his proposed operation. (Ord. 69, 1956; prior code § 9-607)
5.68.080 License – Standards for issuance.
The chief of police shall recommend issuance of a license under this chapter when he finds that:
A. The public convenience and necessity require the proposed wrecker service for which application has been submitted;
B. Insurance policies as required by this chapter have been procured;
C. The applicant and all employees are fit and proper persons to conduct or work in the proposed business;
D. The requirements of this chapter and all other governing laws and ordinances have been met. (Ord. 69, 1956; prior code § 9-608)
5.68.090 License – Fee.
A license shall be issued to a successful applicant under this chapter after payment to the city of a license fee as provided in the business license ordinance. (Ord. 1044 § 2, 2017; Ord. 69, 1956; prior code § 9-609)
5.68.100 License – Revocation.
The chief of police shall recommend revocation of a license issued under this chapter when he finds any of the following grounds:
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 and such fact would have constituted just cause for refusal to issue the license;
B. The licensee illegally employed a short-wave radio to obtain information as to the location of the scene of an accident or disabled vehicle;
C. The licensee paid in the form of a gratuity any third person not involved in the accident for information as to the location of the accident;
D. The licensee has violated the fee schedule by overcharge;
E. The licensee has violated any of the requirements of this chapter or any of the rules and regulations as established by the chief of police or the city council. (Ord. 69, 1956; prior code § 9-612)
5.68.110 Duties of licensees.
A wrecker license under this chapter shall be issued subject to the following conditions:
A. Exhibition of Sticker. The chief of police shall issue to a licensed wrecker a sticker which the wrecker shall at all times prominently display on the right front windshield of each wrecker or other vehicle used for towing purposes.
B. Maintenance of Equipment. Wreckers shall keep and maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner.
C. Compliance with Rate Schedule. Wreckers shall charge for their services such rates as may be fixed by ordinance.
D. Rotation of City Towing. Wreckers shall perform towing service for the city on a rotation basis.
E. Interception of Police Calls. No wrecker shall intercept police calls on short-wave radio. (Ord. 69, 1956; prior code § 9-611)
5.68.120 Promulgation of regulations by chief of police.
The chief of police shall adopt and enforce reasonable rules and regulations for wreckers. (Ord. 69, 1956; prior code § 9-610)