Chapter 5.72
TOWING SERVICES
5.72.000 Chapter Contents
Sections:
5.72.001 Administrative provisions.
5.72.002 Business and occupations tax applies.
5.72.010 Operator defined.
5.72.020 License required.
5.72.090 Operator at scene of accident.
5.72.100 Intercepting police calls prohibited.
5.72.110 Gratuity for information prohibited.
5.72.120 Revocation, suspension or denial of business license.
5.72.125 Complaint investigation.
5.72.140 Violations – Civil infraction.
(Ord. 7424 §48, 2025; Ord. 6694 §17, 2010, repealed OMC 5.72.040 through 5.72.080).
5.72.001 Administrative Provisions
The administrative provisions contained in OMC Chapter 5.05 shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein.
(Ord. 7424 §48, 2025).
5.72.002 Business and Occupations Tax Applies
The provisions contained in OMC Chapter 5.04 shall be fully applicable to businesses regulated under this chapter.
(Ord. 7424 §48, 2025).
5.72.010 Operator defined
For the purpose of this chapter a wrecker or towing operator hereinafter referred to as “operator” means any person who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles.
For purposes of this section, “unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
Subject to removal after:
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A. |
Public locations: |
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1. |
Constituting an accident or a traffic hazard as defined in RCW 46.55.113 |
Immediately |
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2. |
On a highway and tagged as described in RCW 46.55.085 |
24 hours |
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3. |
In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 |
Immediately |
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B. |
Private locations: |
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1. |
On residential property |
Immediately |
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2. |
On private, nonresidential property, properly posted under RCW 46.55.070 |
Immediately |
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3. |
On private, nonresidential property, not posted |
24 hours |
(Ord. 7424 §48, 2025; Ord. 6694 §17, 2010; Ord. 5078 §1, 1990).
5.72.020 License required
It is unlawful for any person, firm or corporation to engage in business in the City without first obtaining a license pursuant to the provisions of OMC 5.02. Any additional licensing or permitting requirements of this Chapter 5.72 shall also apply.
It is unlawful for any tow company to operate or cause to operate within Olympia city limits any tow truck for the purpose of providing towing services unless the tow company has a current registration certificate required by RCW 46.55.020.
(Ord. 7424 §48, 2025; Ord. 6694 §17, 2010; Ord. 5621 §1, 1996; Ord. 4753 §10, 1987; Ord. 3368 §2, 1966).
5.72.090 Operator at scene of accident
It is unlawful for the operator or driver of any wrecker or towing car to go to any place where a vehicular accident has occurred unless called by the owner of a disabled vehicle or the owner’s authorized representative or by a police officer. If any wrecker or towing car is called to the scene of a vehicular accident by someone other than a police officer, the operator shall as soon as reasonably practical notify the Police Department.
(Ord. 7424 §48, 2025; Ord. 7187 §3, 2019; Ord. 6694 §17, 2010; Ord. 3368 §11, 1966).
5.72.100 Intercepting police calls prohibited
It is unlawful for the operator or driver of any wrecker or towing car to intercept or monitor police calls by shortwave radio or otherwise, for the purpose of going to the scene of a disabled motor vehicle.
(Ord. 7424 §48, 2025; Ord. 6694 §17, 2010; Ord. 3368 §12, 1966).
5.72.110 Gratuity for information prohibited
It is unlawful for the operator, agent or driver or any wrecker or towing car to offer or pay a gratuity or reward to anyone for furnishing information as to the location of a disabled vehicle, or for anyone to accept or receive such gratuity or reward.
(Ord. 7424 §48, 2025; Ord. 6694 §17, 2010; Ord. 3368 §13, 1966).
5.72.120 Revocation, suspension or denial of business license
Renewal or continuation of the business license for a towing business is contingent on the following additional conditions not occurring:
A. The license was procured by fraudulent conduct or false statement of a material fact, or that a material fact concerning the applicant was not disclosed at the time of the applicant’s making application.
B. The licensee, the licensee’s agent or representative has offered to pay or has paid directly or indirectly a gratuity or reward to any person not a bona fide employee of the operator for furnishing information as to the location of a disabled vehicle.
C. The licensee has violated any provisions of Section 5.72.070 or any of the rules and regulations as established under Section 5.72.080.
D. If any employee of the City or any of its departments has any interest, whether as an owner, operator, partner, employee or otherwise, either directly or indirectly, in the business of an operator licensed under this chapter.
(Ord. 7424 §48, 2025; Ord. 7187 §3, 2019; Ord. 6694 §17, 2010; Ord. 4224 §9, 1980; Ord. 3368 §9, 1966).
5.72.125 Complaint investigation
A. Upon receipt of a complaint, the City shall evaluate same and, if deemed appropriate, send written notice to the licensee, either personally or by mail with a certificate of mailing attached. The notice shall specify the vehicle license number, the nature of the complaint received and the date upon which the complaint was conveyed. If the complaint alleges a vehicle defect, the notice will require that the licensee or the licensee’s agent present the vehicle for inspection to the Olympia chief of police or the chief of police’s designee within five days of receipt of the notice or be subject to license revocation proceedings under this chapter.
B. If upon investigation the business is determined to be in or have been in violation of the standards promulgated pursuant to this chapter, the chief of police or code enforcement officer will notify the Director of said violation.
(Ord. 7424 §48, 2025).
5.72.140 Violations – Civil infraction
A. It shall be a civil infraction for a person, firm, limited liability company or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, limited liability company or corporation found to have committed a civil infraction shall be assessed a monetary penalty as provided in OMC Chapter 4.44, Uniform Civil Enforcement.
(Ord. 7424 §48, 2025; Ord. 6694 §17, 2010; Ord. 6081 §18, 2001; Ord. 3368 §14, 1966).