[CC 1961 §28.09(D)(1), Ord. No. 3187 §1, 12-2-1991]
As used in this Article, the following words shall have the
meanings as set out herein:
The owner of a tow truck licensed by the City of Berkeley
Director of Finance, Department of Finance.
That part of St. Louis County, Missouri, outside of incorporated
Cities, Towns, and Villages.
Operating a tow truck on a public highway at a slow rate
of speed, or in any other fashion, for the purpose of soliciting businesses
along said highway.
The Director of Finance, Department of Finance, Berkeley,
Missouri.
Any highway, road, street, or alley open to the use of the
public for the purpose of vehicular traffic.
A permanent number assigned by the Director to a specific
tow vehicle.
The owner of a tow truck licensed under this Section or licensed under a qualifying municipal ordinance and exempted from the licensing provision of the Section by virtue of Section 605.370 of this Code.
A City, Town, or Village which has been duly incorporated
in accordance with the laws of the State of Missouri, as a unit of
local Government.
Operation of, or to operate, a tow truck. Includes all acts
and functions incident to the movement of a tow truck from place to
place, as well as all acts involved in the undertaking of a tow, whether
for hire or for personal or business use by the owner of the tow truck,
and the conducting of a business engaged in the operation of a tow
truck.
Any person who holds legal title to a vehicle or one who
has the legal right to control and possession thereof.
Any individual, co-partnership, firm, association, company,
or combination of individuals, of whatever form or character.
A radio receiver which is capable of operating on a frequency
assigned by the Federal Communications Commission for fire, Police,
municipal, or other governmental uses.
Requesting or attempting to sway an owner, his/her lawful
agent or representative to give permission to a tow truck to remove,
repair or store a vehicle for monetary consideration, without a previous
request from the owner, his/her lawful agent, or representative.
A mechanically propelled vehicle equipped with a device used
to hoist and tow, transport, convey, or move other vehicles from place
to place upon authorization of the owner, his/her lawful agent or
representative.
Every device, whether mechanically propelled or drawn, in
or by which any person or property is or may be moved upon a public
highway, except devices moved only by human or animal power or a device
which works exclusively upon stationary rails or tracks, and shall
include trailers and semi-trailers.
[CC 1961 §28.09(D)(2); Ord. No. 3187 §1, 12-2-1991]
A.
It
shall be unlawful for any person to operate a tow truck within the
City unless the owner of the tow truck shall first have obtained a
license from the Director for said tow truck. Application for a license
shall be made by the tow truck owner on a form furnished by the Director,
and any license issued shall be affixed to the lower left corner of
the windshield of the tow truck for which the license is obtained.
B.
No
license shall be required of any person operating a tow truck in the
City, when such tow truck has affixed to its windshield a license
obtained from any municipality or County pursuant to an ordinance
of said municipality or County, which said ordinance is similar in
content to this Section. The aforementioned municipal or County license
must be valid for the current year, and the licensee must comply with
all requirements of the municipal or County ordinance and with all
applicable provisions of this Section.
C.
No
license shall be required of any person to operate a tow truck(s)
within the City if that person's only business interest in the tow
truck(s) is to sell and service said truck(s).
[CC 1961 §28.09(D)(3); Ord. No. 3187 §1, 12-2-1991]
A.
The
application for said license shall contain the following:
1.
Name and address of the tow truck owner; if a natural person, the
date and place of birth and Missouri State operator's license number;
if a corporation, the State under which incorporated, the date of
incorporation, the address of the principal office, the names and
addresses of its officers, and the number of vehicles.
2.
If any other type of organization, the name thereof, the location
of its office, and the names and addresses of the principal officers,
directors, trustees, or managing officials or partners.
3.
The names and addresses of all persons who will be directly involved
in the operation of a tow truck under the license.
4.
The place from which the tow truck will operate and the number of
said vehicles to be operated.
5.
A description of each tow truck giving also the serial and motor
number.
6.
There shall be annexed to the application an affidavit to be sworn
to by the applicant.
[CC 1961 §28.09(D)(4); Ord. No. 3187 §1, 12-2-1991]
Prior to the issuance of any business license herein, the applicant must secure a special land use permit, pursuant to Chapter 400, Zoning, of the Municipal Code, and receive approval of the Director of Public Works relative to the construction of the parking lots and all buildings.
[CC 1961 §28.09(D)(5); Ord. No. 3187 §1, 12-2-1991]
A.
Each
application for tow truck license shall be referred by the Director
to the Chief of Police, who shall investigate the character and fitness
of the proposed applicant, as well as any other persons listed as
being involved in the operation of a tow truck. The Chief of Police
shall, within thirty (30) days, file with the Director written reports
concerning the applicant and all other persons listed as being involved
in the operation of a tow truck, and further containing the Chief's
recommendation for issuance or denial of the license.
B.
Such
license shall be issued by the Director unless he/she finds one (1)
or more of the following:
1.
Intentional misstatements or misleading statements of fact in the
application.
2.
Any parties interested in the proposed operation of a tow truck in
the City, having been convicted of any violation of any Statute, law,
or ordinance involving theft, possession of stolen property, interstate
transportation of stolen vehicles, or who have previously had a business
or tow truck license suspended or revoked; provided that if the Director
shall find the conduct of such party or parties subsequent to the
aforesaid convictions, suspension, or revocation has been such as
to indicate fitness to operate a tow truck and that permitting such
applicant to conduct such an operation would not be contrary to the
public interest, he/she may issue said license.
3.
Failure to pay the required application fee.
C.
Each
applicant shall be notified by mail or by hand delivery of the issuance
or non-issuance of a license by the Director.
D.
If
the Director does not issue a license, the reasons for his/her not
doing so shall be in writing and shall accompany the notice of non-issuance.
[CC 1961 §28.09(D)(6); Ord. No. 3187 §1, 12-2-1991]
A.
The
fee for the issuance of a license under this Section shall be thirty-five
dollars ($35.00) for each tow truck, said fee to accompany the license
application. No part of said fee shall be returnable.
B.
The
term of said license shall be for one (1) year from the date of issuance
and may be renewed as provided herein.
1.
Within thirty (30) days of the expiration of the license, a City
licensee may apply to the Director for a renewal thereof.
2.
The licensee shall indicate any changes from the information furnished
to the Director at the time of the original application.
3.
An application for renewal shall be accompanied by a renewal application
fee of thirty-five dollars ($35.00), no part of which shall be returnable.
4.
The Director shall renew said license if he/she shall find that said
operation shall have been conducted in accordance with all applicable
laws and ordinances.
[CC 1961 §28.09(D)(7); Ord. No. 3187 §1, 12-2-1991]
A.
The
Director may suspend for a period up to ninety (90) days, or revoke
a license heretofore issued, if he/she finds one (1) or more of the
following:
1.
Intentional misstatement or misleading statements of fact in the
application not discovered until after the issuance of said license.
2.
Any parties interested in the license having been convicted of any
violation of any Statute, law or ordinance involving theft, possession
of stolen property, interstate transportation of stolen vehicles;
provided that if the Director shall find the conduct of such party
or parties subsequent to the aforesaid convictions has been such as
to indicate fitness to operate a tow truck, and that permitting such
party to conduct such an operation would not be contrary to the public
interest, he/she shall not suspend or revoke the said license.
B.
In
the event that the Director revokes said license, the City licensee
shall be entitled to a hearing before the Director upon notice duly
given ten (10) days after the date of such revocation notice. The
decision of the Director and the reasons therefore shall be sent by
certified mail or hand delivered to the City licensee.
[CC 1961 §28.09(D)(8); Ord. No. 3187 §1, 12-2-1991]
No license shall be transferred from one (1) owner to another,
but an owner may transfer the license of one (1) tow truck to another
tow truck. Such transfer shall only be made on approval of the Director
after written request was made to him/her on forms provided by him/her
for that purpose.
[CC 1961 §28.09(D)(9); Ord. No. 3187 §1, 12-2-1991]
A.
It
shall be unlawful for any person to operate a tow truck in the City
unless on each side of the said tow truck there shall be legibly printed
in letters not less than one and one-half (1½) inches in height
the following:
1.
Name and address of the licensee and the identification number assigned
to him/her by the Director or appropriate official of the municipality
or County if the tow truck is licensed under a qualifying municipal
or County ordinance.
2.
The phrase "tow vehicle licensed by City of Berkeley, Missouri".
Provided however, if the tow truck is licensed under a qualifying
municipal or County ordinance, the name of the said municipality or
County shall be inserted in lieu of the words "City of Berkeley".
3.
The phrase "request schedule of prices before engaging this vehicle".
[CC 1961 §28.09(D)(10); Ord. No. 3187 §1, 12-2-1991]
A.
The
owners of all tow trucks operating in the City shall prepare and file
in triplicate with the Director a schedule of prices to be charged
for the towing and storage of vehicles. Such schedule may be based
on time, mileage, or a combination of both. In addition, said schedule
may include the minimum charge for any undertaking involving towing
and storage. One (1) copy of said schedule shall be retained by the
Director, one (1) copy shall be returned to the tow truck owner and
one (1) copy shall be forwarded to the Chief of Police of the City
of Berkeley.
B.
It
shall be unlawful to charge a sum in excess of that authorized by
the schedule filed with the Director.
C.
Prior
to the undertaking of a tow, the tow truck operator shall present
said schedule of prices to the customer for his/her examination, upon
the request of such customer.
[CC 1961 §28.09(D)(11); Ord. No. 3187 §1, 12-2-1991]
A.
Prior
to the undertaking of a tow, the tow truck operator shall obtain the
name, business and home telephone numbers of the person authorizing
the tow. Such tow truck operator shall supply the said information
upon the request of any Law Enforcement Officer.
B.
All
persons operating a tow truck shall keep in their possession a pad
of printed statements containing his/her name and the address of his/her
place of business, and after towing a vehicle, shall prepare one (1)
of said printed statements in duplicate and furnish the original to
the owner of the vehicle or to his/her authorized representative.
The statement shall contain the following information:
1.
The full name and address of the licensee.
2.
The identification number assigned by the Director to the tow vehicle,
pursuant to this Section, or by the appropriate official of the municipality
or County if the tow truck is licensed under a qualifying municipal
or County ordinance.
3.
The State license plate number of the tow truck.
4.
The full name and address of the person engaging the tow truck.
5.
The State license number or the State vehicle identification number
of the vehicle towed.
6.
The total amount charged for towing, including the number of miles
towed and the storage rate per day or price thereof.
7.
Any other information required by the Director.
C.
A duplicate
of each statement shall be retained by the licensee for a period of
one (1) year and shall be exhibited by him/her upon demand by the
Director or his/her authorized representative.
[CC 1961 §28.09(D)(12); Ord. No. 3187 §1, 12-2-1991]
The provision of Section 605.450(B) shall not be applicable to any person operating a tow truck under the terms of a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move vehicles owned, controlled or in the custody of such person, firm or corporation to a specific location so designated, for consideration set forth in such contract; provided that the said person has in his/her possession at all times while towing, transporting, conveying or moving any such vehicle, such contract or an affidavit which shall recite the existence of the said contract, the name, address and phone number of the contracting parties, the term of the contract and the scope of services to be performed. Any person seeking exemption under this provision shall display such contract or affidavit when required to do so by any Law Enforcement Officer. This provision shall not be so construed or interpreted so as to render or to relieve the licensee from complying with the provisions of Chapter 605.
[CC 1961 §28.09(D)(13); Ord. No. 3187 §1, 12-2-1991]
No license to operate a tow truck shall be issued until and
unless the applicant shall first obtain a policy of insurance from
a company authorized to do business in the State of Missouri, or a
bond of indemnity, acceptable to the Director, with limits for bodily
injury liability of at least twenty-five thousand dollars ($25,000.00)
for each person, fifty thousand dollars ($50,000.00) for each accident,
and property damage liability of ten thousand dollars ($10,000.00)
for each accident. No person shall operate a tow truck in the City
unless the operator shall be covered by an insurance policy with the
foregoing minimum limits of liability.
[CC 1961 §28.09(D)(14); Ord. No. 3187 §1, 12-2-1991]
A.
No
driver of a tow truck shall engage in cruising.
B.
No
driver of a tow truck shall invite or permit loitering within or near
his/her tow truck.
C.
No
driver of a tow truck shall seek employment by repeatedly driving
his/her vehicle to and from in a short space on any highway or otherwise
interfering with the proper and orderly progress of traffic along
a public highway.
D.
No
driver of a tow truck shall solicit or attempt to divert prospective
patrons or another tow truck.
E.
No
driver of a tow truck shall solicit or divert prospective patrons
at a given garage in the City to any other garage.
F.
No driver of a tow truck shall solicit, demand or receive from any person any pay or commission or emolument whatever, except the proper fare for transporting the vehicle in accordance with the schedule of charges defined in Section 605.450.
G.
All
City licensees shall promptly report all changes of address to the
Director.
H.
A driver
of a tow truck shall not remove a vehicle involved in an accident
in which a person has been killed or seriously injured unless such
vehicle has been released by a duly authorized member of the City
of Berkeley Police Department.
I.
No
licensee or agent of said person shall use or have in his/her possession
a short wave receiver as defined herein while engaged in the business
of towing in the City, except those persons under written contract
with the City or a municipal or County Police agency for towing services.
[CC 1961 §28.09(D)(15); Ord. No. 3187 §1, 12-2-1991]
Any person who shall be convicted of a violation of any provision
of this Article may be punished by a fine not exceeding five hundred
dollars ($500.00), or by imprisonment of not more than ninety (90)
days, or by both such fine and imprisonment.
