CHAPTER 5
LAW ENFORCEMENT TOWING
SECTION:
5-5-3: Soliciting Tow Business At Accident Scene
5-5-4: Request For Towing Services
5-5-5: Certain Remuneration Or Consideration Prohibited
5-5-7: Licensee Responsibilities
5-5-10: Inspections, Violations, Suspensions, Revocations, And Hearings
5-5-11: Tow Truck Requirements
5-5-13: Towing Company Requirements
5-5-14: Insurance Requirements
5-5-15: Use As Emergency Vehicle Prohibited
5-5-1 DEFINITIONS:
As used in this chapter, the following terms will have the following meanings:
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ACCIDENT: |
Any occurrence in Garden City which results in a wrecked or disabled vehicle, or vehicle collision or crash which results in either the injury or death of any person, or damage to property, which reasonably necessitates removal of a vehicle by a tow truck. |
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ADA COUNTY: |
That area which is within the jurisdiction of the board of Ada County commissioners. |
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BUSINESS DAY: |
Monday through Friday, excluding holidays declared by the Garden City council. |
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DISABLED VEHICLE: |
A vehicle which has been abandoned or rendered unsafe to be driven as the result of some occurrence, other than an accident, including, but not limited to: a) mechanical failures or breakdowns; b) fire; c) vandalism; d) a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive; or e) any other occurrence which reasonably necessitates removal of the vehicle by a tow truck. |
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DISPATCH: |
The person or persons in the Ada County sheriff’s office assigned by the sheriff to route law enforcement agency calls for tow truck service through the use of the tow truck rotation list. |
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EMERGENCY TOW COMPANY: |
A person or company to whom a law enforcement towing license has been issued. |
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GARDEN CITY: |
That area which is within the jurisdictional boundaries established for the city of Garden City by the Garden City council. |
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LAW ENFORCEMENT TOW: |
Provision of a tow truck to the owner of a wrecked or disabled vehicle via dispatch when a law enforcement agency has become involved or any request by a law enforcement officer for a tow truck on behalf of a citizen. |
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LAW ENFORCEMENT TOW TRUCK ROTATION LIST: |
A list of qualified licensed tow companies maintained by dispatch and which is used to determine the priority of the tow truck to be dispatched to the scene of a law enforcement tow. The list of licensed tow trucks will be kept in the Ada County dispatch center. Any requests made by a Garden City police officer will be filled by the next available tow truck off of the law enforcement tow truck rotation list utilized by Ada County dispatch center. |
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LICENSEE: |
A person licensed to engage in law enforcement towing as called to do so from time to time by dispatch. |
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OWNER: |
A person who holds legal title to a vehicle, or who has legal right of possession of a vehicle, or legal right of control of a vehicle. |
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PERSON: |
An individual, assumed name entity, proprietorship, partnership, joint venture, association, corporation, or other legal entity. |
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TOW TRUCK: |
A vehicle designed to be used primarily for removing wrecked or disabled vehicles from any street. |
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WRECKED VEHICLE: |
A vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a tow truck. (Ord. 880-07, 11-26-2007) |
5-5-2 ACCIDENT SCENE:
No person may knowingly drive a tow truck, licensed or unlicensed, to the scene of any accident on the streets of Garden City unless the tow truck has been called to the scene by dispatch or a Garden City police officer. (Ord. 880-07, 11-26-2007)
5-5-3 SOLICITING TOW BUSINESS AT ACCIDENT SCENE:
No person may solicit in any manner, directly or indirectly, at the scene of a law enforcement tow in Garden City, the business of towing, removing, repairing, wrecking, storing, trading, or purchasing of a vehicle. (Ord. 880-07, 11-26-2007)
5-5-4 REQUEST FOR TOWING SERVICES:
A tow truck shall not knowingly respond to a private request for towing service within Garden City when an accident is involved. A tow truck may respond to a private request for towing service to a disabled vehicle not involved in an accident, or to a private request for other towing services not requiring the involvement of a law enforcement agency; provided, however, if, upon arrival on the scene, a licensee discovers an accident is involved, the licensee shall immediately notify dispatch. (Ord. 880-07, 11-26-2007)
5-5-5 CERTAIN REMUNERATION OR CONSIDERATION PROHIBITED:
Emergency tow companies are prohibited from soliciting or accepting any remuneration or consideration of any type from any repair shop, garage or other repair facility given for the purpose of influencing such emergency tow company’s decision as to where a disabled or wrecked vehicle should be taken for repair. It shall be deemed that any such remuneration or consideration was given for the purpose of influencing said decision. (Ord. 880-07, 11-26-2007)
5-5-6 DISPATCH:
If a law enforcement officer determines a tow truck is needed at the scene of a law enforcement tow for a wrecked or disabled vehicle, dispatch shall call either the towing service, whether licensed or unlicensed, indicated to the law enforcement officer by the express preference of the owner, or, if the owner does not, of his or her own initiative, expressly request a particular towing service, the next available emergency tow company on the tow truck rotation list shall be called. Dispatch shall indicate to the emergency tow company the color, year, make, body, and general condition of the vehicle to be towed. Based on the information provided, the tow company shall provide all necessary towing equipment. (Ord. 880-07, 11-26-2007)
5-5-7 LICENSEE RESPONSIBILITIES:
Tow truck companies licensed to perform law enforcement towing are responsible for disabled vehicles from the time of on scene pick up until the vehicle is removed from licensee’s premises, or is otherwise released from licensee’s custody and control. Any damage or loss to a vehicle while in the custody and control of licensee is the sole responsibility of said licensee, and the city of Garden City assumes no liability for any such loss, damage or claim. (Ord. 880-07, 11-26-2007)
5-5-8 LICENSE REQUIRED:
A. No person may provide law enforcement towing inside the city of Garden City without first obtaining a law enforcement towing license. The license issued to an emergency tow company authorizes the licensee and all its bona fide employees to engage in dispatched law enforcement towing from the Garden City law enforcement tow truck rotation list. Only one license may be issued to each emergency tow company owner, and a tow company owner can have no more than one tow company on the Garden City law enforcement tow truck rotation list at any point in time. Licensed tow companies may not subcontract with other towing agencies, licensed or unlicensed, for the provision of law enforcement towing services.
B. Applications for law enforcement towing licenses may be obtained at the Garden City police department beginning on May 1 of each year, and all completed applications must be received by May 31 of each year. Applications that have not been completed will not be accepted. Licensees must comply with all law enforcement tow truck requirements, have an Ada County sheriff’s office law enforcement tow truck license, and obtain tow truck inspections through the Ada County sheriff’s office. The Ada County sheriff’s office, per Ada County code section 6-4-8, shall conduct tow service inspections for the upcoming licensing year.
C. Licensees shall maintain a permanent and established place of business within Ada County, and shall promptly notify the Garden City police department of any change of address. (Ord. 880-07, 11-26-2007)
5-5-9 LICENSE APPLICATION:
A. Contents Of Application: A person desiring to obtain a Garden City law enforcement towing license shall lodge with the Garden City police department a written application upon a form provided for that purpose, which must be signed by the applicant or his authorized agent. The following information shall be required in the application:
1. Owner(s) name and address to which all official correspondence may be sent, as well as telephone number and signature.
2. Company name, address and telephone number.
3. Number and types of tow trucks to be operated.
4. A copy of the applicant’s public liability insurance policy.
5. A description of the applicant’s impound yard and its location.
B. Inspection: The Ada County sheriff’s office, per county ordinance, will conduct inspections. The Garden City police department will have an officer available to assist in the inspection process as needed and upon request.
C. Issuance: The Garden City police department shall, within thirty (30) days of receipt of an application for a law enforcement towing license, either approve or deny said application. The Garden City police department shall issue a law enforcement towing license if it finds that the emergency tow company meets the requirements of this chapter and all requirements of the Ada County code. The Garden City police department shall refuse to issue or reissue a license if it finds that the emergency tow company does not meet the requirements of this chapter and all requirements of the Ada County code. Upon obtaining a Garden City law enforcement towing license, any licensed tow company passing inspection by the Ada County sheriff’s office, which has been placed on the Ada County law enforcement tow truck rotation list shall be eligible to respond to dispatched requests from the Garden City police department. (Ord. 880-07, 11-26-2007)
5-5-10 INSPECTIONS, VIOLATIONS, SUSPENSIONS, REVOCATIONS, AND HEARINGS:
A. Inspections: Any Ada County sheriff’s deputy or Garden City police officer is authorized to conduct a random equipment and safety inspection on any tow truck company licensed to conduct law enforcement tows.
B. Violations And Temporary Suspensions: The following violations shall result in a written warning from the Garden City police department. Any repeated violations shall result in an immediate one week suspension from the tow rotation. Three (3) or more violations within two (2) years shall result in an immediate two (2) week suspension of the licensee’s law enforcement tow license. Four (4) or more violations within two (2) years will cause the licensee to be considered a habitual violator whose license will be subject to revocation.
1. Failure to notify dispatch of a delay in tow company’s on scene arrival time.
2. Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.
3. Use of magnetic striping/signage on tow trucks.
4. Subcontracting law enforcement tows through other tow companies, licensed or unlicensed.
5. Failure or refusal to respond to a dispatched request for a law enforcement tow.
C. License Suspensions And Revocations: If the Garden City police department finds that any of the following violations have been committed, the Garden City police department shall issue an immediate two (2) week suspension of the licensee’s law enforcement tow license, and make recommendations to the chief of police or his designee for revocation or suspension of said law enforcement tow license for more than two (2) weeks:
1. Charging tow customers in excess of the tow rates established by resolution for law enforcement tows.
2. Knowingly driving a tow truck to the scene of an accident without having been requested to the scene by dispatch or a Garden City police officer.
3. The solicitation of tow truck business by any licensee or employee or agent of licensee at the scene of a law enforcement tow.
4. Failure to report an accident to dispatch for which a law enforcement tow is required.
5. The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, repair shop or facility, for the purpose of influencing such licensee’s decision as to where a disabled or wrecked vehicle should be taken for repair.
6. Allowing the lapse or cancellation of the tow business insurance required by this chapter.
7. Violation of any federal, state or local law while conducting any law enforcement tow.
8. Use of verbal abuse or physical force toward any citizen or officer while conducting any law enforcement tow.
D. Reciprocal Enforcement: Any suspension or revocation by any law enforcement agency in Ada County from the tow truck rotation will be honored by the Garden City police department, and the tow company suspended or revoked will be ineligible for law enforcement towing within the city of Garden City for the period of time imposed by that law enforcement agency in Ada County.
E. Procedure For Further Penalties: Within ten (10) days of the police department’s recommendation, if the chief of police or his designee finds good cause that a violation of the above sections has occurred, the chief of police shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the chief of police, at his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.
F. Right To Hearing: A licensee shall have the right to a hearing prior to a revocation or suspension of more than two (2) weeks of said licensee’s law enforcement towing license, in accordance with the procedures set forth in this section. If the licensee does not properly request a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time, as determined by the chief of police, and any revocation shall be for the remainder of the current licensing year.
G. Hearing Procedures: A licensee may request a hearing before the chief of police or his designee prior to a suspension of more than two (2) weeks, or revocation of a law enforcement towing license, in accordance with the procedures set forth in this section.
1. A licensee desiring such a hearing shall, within fifteen (15) days of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Garden City chief of police, together with a statement setting forth the factual basis and reasons for licensee’s appeal of the decision. A copy of the request for hearing shall also be delivered to the patrol division commander.
2. The chief of police shall conduct a hearing within thirty (30) days after a request for hearing has been filed. The licensee and the chief of police may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross examine or confront witnesses, except at the discretion of the chief of police, nor shall the Idaho rules of evidence apply to such hearings. At the discretion of the chief of police, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.
3. The chief of police or his designee shall issue a written decision within ten (10) days after the hearing. A copy of the decision shall be mailed or made available to all interested parties. A record of said hearing and decision shall remain in the custody of the chief of police. The decision made by the chief of police may be appealed to the Garden City council by filing written notice with the Garden City clerk within fifteen (15) days of the judgment. (Ord. 880-07, 11-26-2007)
5-5-11 TOW TRUCK REQUIREMENTS:
A. Compliance: Each emergency tow company shall comply with all safety provisions, rules and regulations required to be observed by motor carriers, and, in addition thereto, shall comply with the requirements of this chapter.
B. Equipment: Each tow truck shall be equipped with only those winches and booms that have been produced and constructed by a manufacturer of such equipment that regularly produces winches and tow equipment of guaranteed quality and be used with the size tow truck for the class for which the equipment is designed. All related equipment shall be commensurate with the total rating of booms or other towing devices. A winch or boom will not be prohibited by this chapter if the owner submits to the Ada County sheriff a verified statement from a reputable testing laboratory regularly engaged in the testing of such equipment or similar equipment certifying that the capacity of the winch or boom is not less than that mandated for the class for which the equipment will be used. All costs of such testing and certification shall be at the expense of the emergency tow company.
C. Classes Of Tow Trucks: Each emergency tow company shall operate and maintain a minimum of one class A, class B, class C or class D tow truck, as described below:
1. Class A Tow Trucks: Tow trucks that are capable of towing and/or recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. Class A tow trucks shall have:
a. Weight Rating: A minimum manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or equivalent.
b. Boom Rating:
(1) Minimum: A minimum of four (4) ton boom rating with single or dual booms. A minimum capacity of not less than four (4) tons, single line pull is required.
(2) Exception: Tow trucks that are equipped for and used as "wheel lift" tow trucks shall have a minimum three thousand (3,000) pound manufacturer’s lift rated and minimum seven thousand (7,000) pound tow rated wheel lift assembly.
c. Cables: A minimum three-eighths inch (3/8") continuous length cable, as described below, or its equivalent, in safe working condition on each drum.
(1) Each cable shall be capable of being fully extended from and fully wound onto its drum.
(2) All cable and/or wire ropes shall be in good working order and shall have:
(A) No more than six (6) randomly distributed broken wires in one rope lay or no more than three (3) broken wires in one strand on one rope lay;
(B) No evidence of heat damage from any cause;
(C) No cables with indication of being pinched or crushed; and
(D) End attachments that are not cracked, deformed, worn or loosened.
(3) Cable end connections shall be wedged or, if clamped, shall have a minimum of three (3) clamps spaced a minimum of six (6) rope diameters apart and attached with the base or saddle of the clamp against the longer or live end of the cable. The "U" bolt will be placed over the short or dead end of the rope and will be of the proper size for the cable being clamped.
2. Class B Tow Trucks: Tow trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes or equivalent vehicles. Class B tow trucks shall have:
a. A minimum manufacturer’s gross vehicle weight rating of seventeen thousand (17,000) pounds or equivalent.
b. A minimum of ten (10) ton boom rating, single or dual booms, and a single or dual winch with a minimum capacity of not less than ten (10) tons’ single line pull.
c. A minimum seven-sixteenths inch (7/16") cable in safe operating condition as described in subsection C1c of this section.
3. Class C Tow Trucks: Tow trucks that are capable of towing and/or recovery of large trucks, trailers, buses, motor homes or similar vehicles. Class C tow trucks shall have:
a. A minimum manufacturer’s gross vehicle weight rating of forty thousand (40,000) pounds or equivalent.
b. A minimum twenty five (25) ton rated single or dual boom and winch.
c. A truck chassis with tandem drive axles.
d. Air brakes and system capable of supplying air to towed vehicles.
e. A minimum nine-sixteenths inch (9/16") cable on each drum in safe operating condition as described in subsection C1c of this section.
4. Class D Tow Trucks: Tow trucks that are designed and intended to transport other vehicles by loading the vehicle entirely onto the truck. These tow trucks may be of a flatbed or roll bed design or may be a rail type truck. Class D tow trucks shall have:
a. A minimum manufacturer’s gross vehicle weight rating of nine thousand (9,000) pounds or equivalent.
b. Dual tires on the rear axle.
c. A car carrier bed with a minimum length of sixteen feet (16’) and a load rating of four (4) tons.
d. One winch drum and cable in safe operating condition as described in subsection C1c of this section, and a minimum length of not less than twenty six feet (26’).
D. Specifications:
1. Each tow truck, whether class A, class B, class C or class D, shall be not less than one ton in size and shall be equipped as follows:
a. Heavy duty transmission;
b. Dual rear wheels;
c. Power assisted brakes constructed so as to lock and hold drive wheels, unless ABS equipped;
d. Revolving or strobe overhead amber and/or red emergency lights with three hundred sixty degree (360×) visibility. White emergency lights may be used in conjunction with amber and/or red lights. These emergency lights shall be used while a tow truck is standing on a roadway for the purpose of, and while actually engaged in, the preparation for and transportation of a disabled or wrecked vehicle;
e. Spotlights mounted behind cab capable of lighting scene of disability; and
2. Each tow truck shall carry as standard equipment:
a. One tow bar cradle, sling or other comparable device made of material and used in such a manner so as to protect vehicles being towed;
b. Towing dollies or other auxiliary devices; provided, that such auxiliary devices are specifically designed for the towing or transporting of a vehicle for which the auxiliary devices are used. No auxiliary devices shall be used unless to prevent further mechanical damages to the vehicle being towed, and unless the nature of existing vehicle damage prohibits movement otherwise. No auxiliary devices shall be used when such use could jeopardize the safety of the public;
c. At least two (2) safety securing devices, which may be chain, cable, nylon strap or steel strap, with a minimum breaking strength of fifteen thousand (15,000) pounds;
d. One fire extinguisher having a minimum capacity of five (5) pounds’ ABC dry chemical;
e. A four foot (4’) wrecking bar, three-fourths inch (3/4") in diameter;
f. Broom, a minimum of twelve inches (12") wide and four feet (4’) long;
g. Shovel, a minimum of seven inches (7") wide and three feet (3’) long;
h. Two (2) red flags, and six (6) 20-minute fuses;
i. Jumper cables;
j. Five (5) gallon bucket of sand or absorbent material;
k. A minimum of six (6) traffic cones or triangles with a height of not less than eighteen inches (18");
l. Magnetic or plastic base portable tail, stop and turn signal lights for the vehicle being towed;
m. A two-way radio or the ability to communicate with the office or answering service; and
n. A minimum of two (2) chocks or blocking devices that are capable of chaining to the tow truck, securely holding the tow truck while the truck is recovering a disabled or wrecked vehicle.
Exception: Class D tow trucks may have one chock or blocking device.
3. Each tow truck and all of its equipment shall be maintained in a safe and good working order at all times. Law enforcement tow truck operators, within one year of employment with any licensed law enforcement towing company, must receive a nationally recognized operator’s certification of training.
4. Each tow truck shall be permanently painted and lettered with company colors and company name, address, city and telephone number, on both sides of the tow truck, within a reasonable time after purchase. Said company colors shall be provided to the Ada County sheriff and Garden City police. No magnetic striping and/or signs may be used.
E. Requirements To Receive Dispatch Calls: Those emergency tow companies wishing to receive dispatch calls for a heavy duty tow truck must comply with the requirements of this chapter, and in addition:
1. Each heavy duty tow truck must be not less than five (5) tons in size.
2. Each heavy duty tow truck shall be equipped with a power operated winch, winch line, and boom, with a factory rated lifting capacity or a county tested capacity of not less than thirty thousand (30,000) pounds, single or double line.
3. Each heavy duty tow truck must be equipped with portable air lines for towed vehicles.
4. Each heavy duty tow truck must be equipped with tandem drive rear wheels. (Ord. 880-07, 11-26-2007)
5-5-12 FEES FOR SERVICES:
Fees for services provided by licensed emergency tow companies pursuant to this chapter shall be set by resolution of the Garden City council. (Ord. 880-07, 11-26-2007)
5-5-13 TOWING COMPANY REQUIREMENTS:
A. Maintain twenty four (24) hour towing service, available seven (7) days a week with the dispatch of such service to be from base stations or an answering service.
B. Arrive at the accident scene or request within a reasonable amount of time after having been notified to do so. A reasonable response time shall not exceed thirty (30) minutes. If a tow company is unable to respond within thirty (30) minutes, the tow company shall immediately notify dispatch of its estimated time of arrival.
C. Maintain its own separate locked, lighted and secured impound lot bordered by a chainlink, steel, or concrete fence not less than six feet (6’) in height; provided further that said lot shall be insured for fire, theft, and vandalism of the vehicles stored therein and further, shall be open for business not less than from nine o’clock (9:00) A.M. to five o’clock (5:00) P.M. during normal business days. An agent of the tow company must be available at the business or by phone twenty four (24) hours a day, seven (7) days a week.
D. When authorized by the law enforcement agency, deliver, in every instance, the wrecked or disabled vehicle to either a location of the owner’s choice or the tow company’s impound lot. An itemized statement of charges shall be provided to the vehicle owner upon request.
E. Before leaving the site of an accident, completely remove all resulting wreckage or debris, including all broken glass.
F. Maintain two-way communications on a twenty four (24) hour basis with the company’s tow trucks.
G. Maintain a storage lot within the jurisdictional boundaries of Ada County. (Ord. 880-07, 11-26-2007)
5-5-14 INSURANCE REQUIREMENTS:
A. At their sole expense, tow companies shall procure and maintain in full force and effect, insurance written by an insurance company or companies with Best’s rating(s), of A VIII or better. All insurance companies must be authorized to do business in the state of Idaho. By requiring insurance herein, Garden City does not represent that coverage and/or limits are necessarily adequate to protect the tow company, and such coverage and/or limits shall not be deemed as a limitation on the tow company’s liability under the indemnities granted to Garden City through this license.
B. Certificates of insurance evidencing the coverages required herein shall be provided to the city of Garden City prior to performing any towing services for Garden City. All certificates must be signed by an authorized representative of the tow company’s insurance carrier and must state that the issuing company, its agents, or representatives will provide Garden City thirty (30) days’ written notice prior to any policies being canceled. Renewal certificates must be provided to the city of Garden City within thirty (30) days after the effective date of the renewal.
C. Certificates shall be mailed to:
Garden City Police Department
301 East 50th Street
Garden City, ID 83714
D. Certificates must evidence the following minimum coverages:
1. Workers’ compensation insurance meeting the statutory requirements of the state of Idaho.
2. Employers’ liability insurance providing limits of liability in the following amounts:
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Bodily injury by accident |
$100,000.00 |
each accident |
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Bodily injury by disease |
500,000.00 |
policy limit |
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Bodily injury by disease |
100,000.00 |
each employee |
3. Garage liability insurance providing limits of liability in the following amounts:
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Auto only - each accident |
$1,000,000.00 |
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Other than auto only - each accident |
1,000,000.00 |
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Other than auto only - aggregate |
3,000,000.00 |
The garage liability policy shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising from garage operations, including premises, operations, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Auto coverage must show symbols 27, 28, and 29 or a separate business automobile liability policy also must be purchased. Alternatively, tow companies may produce a certificate of insurance evidencing commercial general liability insurance providing limits of liability in the following amounts:
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General aggregate |
$2,000,000.00 |
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Product/completed operations aggregate |
2,000,000.00 |
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Personal and advertising injury liability |
1,000,000.00 |
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Per occurrence |
1,000,000.00 |
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Fire legal liability |
50,000.00 |
The commercial general liability ("CGL") insurance policy shall be written on an "occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract).
4. Business automobile liability insurance (required only if symbols 27, 28, and 29 are not shown for garage liability) providing bodily injury and property damage liability coverage for not less than one million dollars ($1,000,000.00) each accident limit. Business automobile liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or nonowned vehicles in connection with this agreement.
5. Garage keeper’s liability insurance providing legal liability coverage, including comprehensive and collision, of not less than one hundred thousand dollars ($100,000.00) per location for customers’ autos or auto equipment while the licensee is attending, servicing, repairing, parking or storing the customer’s auto or automobile equipment.
6. On hook/cargo insurance providing coverage for customers’ autos while being towed or transported by the tow company with limits in the following amounts:
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Light or medium duty truck |
$ 50,000.00 |
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Heavy duty truck |
100,000.00 |
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Extra heavy duty truck |
250,000.00 |
7. The city of Garden City and its elected officials, agents, employees, successors and assigns shall be named as additional insured under all policies except workers’ compensation and employers’ liability.
E. Nothing in this chapter shall be construed as obligating the emergency tow company to transport a disabled or wrecked vehicle when weather or road conditions make it impractical, impossible or dangerous to the operator. (Ord. 880-07, 11-26-2007)
5-5-15 USE AS EMERGENCY VEHICLE PROHIBITED:
Nothing in this chapter shall be construed to permit a tow truck to be operated as an emergency vehicle while en route to any call for service, whether dispatched by law enforcement or not, pursuant to Idaho Code section 49-124. (Ord. 880-07, 11-26-2007)
5-5-16 PENALTIES:
A. Any person violating the provisions of sections 5-5-2, "Accident Scene", 5-5-3, "Soliciting Tow Business At Accident Scene", and 5-5-4, "Request For Towing Services", of this chapter shall be deemed guilty of a misdemeanor.
B. Upon conviction of such misdemeanor, the person shall be fined in an amount not to exceed three hundred dollars ($300.00) or be imprisoned for not more than six (6) months, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder. (Ord. 880-07, 11-26-2007)