[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 8-2-1999 (§ 12.12 of the 1988 Code).
Amendments noted where applicable.]
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein. 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 word "shall" is always mandatory and not merely
directory.
A call or referral by or from the Village or its Police Department
to a wrecker requesting towing service hereunder licensed.
Involves vehicles which of necessity must be removed from
public or private property at the request of the Village Police Department
without the owner's permission where such vehicles are abandoned,
constitute a public or private nuisance, are illegally parked, are
evidence, or stolen or are or were in the ownership or control of
a prisoner or dead or disabled person who is unable to personally
arrange for towing.
Involves vehicles which have become disabled and their operator
has no preference for a tower and where the public convenience requires
the Police Department to arrange for towing service.
Involves disabled Village vehicles which need to be towed
promptly upon request for a reasonable fee.
One who has been issued a license by the Village Board to
perform towing service for or at the request of the Village of Pleasant
Prairie or its Police Department.
Any motor vehicle accident or disablement where a motor vehicle
operator requiring towing service expresses no preference as to a
named wrecker.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any motor vehicle accident or disablement where a motor vehicle
operator requiring towing service expresses a preference as to a named
wrecker.
Premises which are subject to use in accordance with local
and state laws, rules and regulations as a place to temporarily keep
towed vehicles pending the final disposition thereof. Storage lots
must be completely enclosed with a six-foot-high fence which is of
such a nature as will offer reasonable protection for vehicles and
their contents against theft and/or vandalism. Any side of the enclosing
fence which is viewable from a public thoroughfare must be constructed
in such a manner as will screen from view the vehicles stored within
the fenced enclosure. The storage lot shall provide outside storage
for a minimum of 30 vehicles and inside storage for a minimum of two
vehicles. The storage lot shall be located at the wrecker's (licensee's)
principal place of business, unless otherwise approved by the Police
Department and Village Board.
To remove a motor vehicle from a given place, whether temporarily
or permanently disabled, by use of a vehicle designed or customarily
used for that purpose, to a place of storage pending the repair, salvage,
recovery, sale or disposal of such vehicle.
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 and who is engaged in
Class I, Class II or Class III tows.
The Village of Pleasant Prairie
One engaged in the business of or offering the services of
a motor vehicle tower.
No person, firm or corporation shall operate
a truck or other type of motor vehicle designed and capable to service
or perform Class I, Class II or Class III tows for hire within the
Village of Pleasant Prairie unless a license therefor shall first
be obtained from the Village Clerk as hereinafter provided.
No such license shall be issued unless an application
therefor shall have been filed with the Village Clerk upon a form
prescribed therefor, which shall include.
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.
Available space the applicant has for properly accommodating
and protecting all disabled motor vehicles to be towed or otherwise
removed from the place where they are disabled.
D.
Such other information as the Village Clerk 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An application hereunder shall be accompanied
with a fee as established in the Village Fee Schedule. If the applicant
is the holder of a towing license with the City of Kenosha, a copy
of said license may be submitted with the application in place of
the application fee.
Licensees shall not employ on a full- or part-time
basis any law enforcement officer or any civilian employee of any
law enforcement agency.
[Amended 4-18-2005 by Ord. No. 05-13]
The Village Board may not consider or grant
a license to an applicant who does not meet the following minimum
requirements:
A.
Own or exclusively lease for the license period two
tow trucks, one of which shall have a minimum of four-ton winch capacity
and one of which shall have a minimum GVW of 12,000 pounds and a minimum
eight-ton winch; a flat bed truck with a minimum GVW of 12,000 pounds
and a minimum eight-ton winch; a flat bed truck with a minimum GVW
of 20,000 pounds and a minimum four-ton winch with a compatible hydraulic
combination of eight tons may be substituted. Each truck shall be
equipped with a two-way commercial radio, lights and such other safety
devices as will comply with Ch. 347, Wis. Stats., a rubber tow sling,
a dolly, 100 feet of tow cable and equipment for cleaning up glass
and debris at an accident scene. Village assignments must be given
top priority as a condition of holding a license.
B.
Ownership or exclusive lease for the license period
of a storage lot as herein defined.
C.
The principal place of business and storage lot must
be within Kenosha County and east of I-94, or within three miles west
of I-94 for tower utilized west of STH 31 except in emergency circumstances,
to be determined by the Village Police Department.
D.
Execution of an indemnity and hold harmless agreement
protecting the Village from the payment of any claims for property
damage, personal injury or death and from all expenses, attorney's
fees and court costs associated with such claims resulting from or
arising out of the licensee's operation under this chapter including,
but not limited to, the towing and storage of vehicles.
E.
An inspection certificate from the Village Police
Department indicating that the applicant's storage lot and the mechanical
condition of the applicant's tow trucks meet the requirements of this
chapter. If an applicant possesses a current towing license with the
City of Kenosha, no inspection certificate is required.
F.
A licensed carrier authority from the State of Wisconsin.
G.
Towing equipment which is adequate to perform towing
services in a reasonable and workmanlike manner.
H.
Certificates of insurance providing a minimum of 10
days' written notice to the Village before any such policy is amended
or canceled, which shows statutory workers' compensation to employees,
insurance on the tow trucks written in comprehensive form, providing
minimum limits of bodily injury liability and property damage liability,
as required by the State of Wisconsin for obtaining carrier authority,
and which shows protection of the Village and the licensee against
all claims arising from injuries to persons or damage to property
of others arising out of any act or omission of the licensee or its
agents, relative to performance of work for which the license is granted.
I.
Proof of law enforcement authority from the State
of Wisconsin should such authority be provided for by the state.
J.
A statement that the applicant is not directly or
indirectly financially interested in any other such license issued
under this chapter.
K.
The licensee shall, at all times, be solely responsible
for the conduct of its employees.
L.
Each licensee shall keep and maintain adequate and
complete records showing all vehicles towed, stored and released,
all services rendered and all fees charged and collected. All records
shall be available for inspection by the Village at any time during
normal business hours.
A.
Licensees shall maintain records of the amounts charged
for tows and shall charge no more than the following rates for their
services while towing for or at the request of the Village.
(1)
(6)
Remove and replace transmission linkage: $15.
(8)
No charge to the Village for towing junked or abandoned
vehicles.
B.
Vehicles which are towed pursuant to this chapter
may be claimed at the storage lot upon which they are stored during
regular business office hours, Monday through Saturday.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The license fee payable to the Village Clerk
for such license or renewal thereof shall be as established in the
Village Fee Schedule, regardless of the number of months such license
may be valid. All licenses shall expire on June 30 of each year.
The vehicle owner or other party contracting or benefitting from such towing services shall be responsible to the tower for the charges specified in § 332-8 above.
Wreckers shall perform towing services for the
Village on a rotation basis from a list administered by the Police
Department. When the owner or driver of a disabled vehicle indicated
a preference of a specific licensee, that licensee shall be called,
and no tow truck shall be assigned from the rotating list. In the
event that a licensee called does not respond as quickly as is necessary,
in the opinion of the police officer in charge at the scene of an
accident or other emergency, the police officer may call another licensed
tow truck. At no time shall it be more than 15 minutes from the time
the licensee is called.
No wrecker shall intercept police calls by shortwave
radio.
Towing service must be provided 24 hours a day,
each and every day of the year. The failure of a licensee to perform
licensed services shall be grounds for revocation or suspension of
this license. Any licensee who fails to respond to or accept three
calls during any license year may be called before the Village Board
to explain such failure. If such failure is not justified, the licensee
shall be put on probation for the balance of the license year. Any
further failure to perform services during the same license year shall
be grounds for suspension or revocation of the license.
A.
The Village Board shall revoke a license issued hereunder
when it finds any of the following grounds:
(1)
The licensee illegally employed any radio to obtain
information as to the location of the scene of an accident or disabled
vehicle.
(2)
The licensee paid in the form of a gratuity any third
person not involved in the accident or disabled vehicle for information
as to the location of the accident.
(3)
The licensee has violated the fee schedule by overcharge
or improper charge.
(4)
The licensee has violated any of the requirements
of this chapter.
(5)
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 such license.
B.
Any wrecker who attempts to or who does influence
the orderly rotation of assignments or who otherwise violates the
provisions of this chapter shall be subject to revocation, termination
or suspension of his license following written notice of a hearing
containing a statement of the complaint made against the licensee
and the name of the party requesting the hearing, and a hearing before
the Village Board.
A license issued hereunder shall not be transferred
or assigned to another person or business.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 1, § 1-4, of the Code of the Village of Pleasant Prairie.
