[HISTORY: Adopted by the City Commission
of the City of Kalamazoo as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-18-1974 by Ord. No. 1036]
The following words, when used in this chapter,
shall, for the purpose of this chapter, have the meanings ascribed
to them in this section:
The driving of a wrecker on the streets, alleys or public
places of the City in a fashion or manner calculated for the purpose
of soliciting or seeking business.
Any person operating a wrecker or a towing vehicle for a
wrecker and towing service.
Any motor vehicle adapted to or designed for towing, transporting,
conveying or moving any and all types of vehicles which are unable
to be or actually are not operated under their own power, such towing
or transporting being accomplished by means of lifting the towed vehicle
totally or partially off of the ground.
The business of providing the services of one or more wreckers
for hire or use to tow, transport or move motor vehicles on public
streets.
The operation of a wrecker or wrecker and towing
service within the limits of the City shall be subject to the provisions
of this chapter.
[Amended 3-11-1985 by Ord. No. 1344]
Every wrecker shall be identified by letters,
not less than one inch in height, showing the name under which the
wrecker and towing service is operated. Such identification shall
be clearly and permanently attached on both sides of the wrecker and
shall be visible at all times.
[Amended 7-12-1976 by Ord. No. 1093; 3-11-1985 by Ord. No.
1344]
A.
Each wrecker shall be maintained in good mechanical
condition and shall be equipped with, but not limited to, the following:
(1)
Fender coverings for front and rear wheels.
(2)
Brakes sufficient to hold the combined weight of the
towing vehicle and the vehicle towed on a grade of not less than 6%.
(3)
Rear brake lights, turn signal lights and running
lights, which shall be visible to following traffic when the wrecker
is connected to towed vehicles, and an amber rotating dome warning
light having a diameter of not less than five inches, in addition
to other lighting and reflectors required by law.
(4)
A portable fire extinguisher having a capacity of
not less than 2 1/2 pounds (dry chemical).
(5)
Three flares capable of burning for not less than
20 minutes, or three portable red reflectors or three flags having
an area of not less than eight inches square.
(6)
A winch with a capacity of not less than 6,000 pounds,
with a cable capable of withstanding a test of not less than 10,000
pounds at breaking point.
(7)
A safety chain or chains, with a capacity sufficient
to hold or retain any vehicle the wrecker is capable of towing or
transporting, and having a total or combined length of 12 feet.
Whenever any driver of a wrecker removes a motor
vehicle from the scene of an accident on a public street, it shall
be his duty to simultaneously remove and carry away from the public
street all glass, metal and debris, which may have been cast upon
the street as the result of the accident or collision.
It shall be unlawful for any wrecker and towing
service or operator to tow or otherwise move a vehicle from any area
or portion of a public street, without either the consent of the owner
or custodian of such vehicle or authorization by a policeman or other
designated official of the City.
[Amended 11-24-1975 by Ord. No. 1070]
A.
It shall be unlawful for any wrecker and towing service
or operator to block the movement of or tow or otherwise move a vehicle
from any private road, driveway of other privately owned land or property
within the City, except:
[Amended 1-13-2014 by Ord. No. 1915]
A.
It shall
be unlawful for any wrecker and towing service or operator to fail
to notify, by telephone or other means, the Public Safety Department
before the removal of a vehicle from public or private property, when
such vehicle is removed without consent of the owner or custodian
of the vehicle.
B.
A violation
of this section shall be a municipal civil infraction and shall subject
the wrecker and towing service or operator to a civil fine of $200.
A subsequent violation of this section by a wrecker and towing service
or operator within six months of a prior offense shall subject the
violator to a civil fine of $500.
[1]
Editor's Note: Former § 40-9, which
pertained to moving vehicles out of the City, was repealed 3-11-1985
by Ord. No. 1344.
It shall be unlawful for a wrecker and towing
service or operator to block the movement of any vehicle, other than
when on the property of the wrecker and towing service, to prevent
the movement thereof by its owner or custodian who has appeared and
desires to move the vehicle.
[Amended 2-24-1992 by Ord. No. 1525; 4-18-1994 by Ord. No.
1575; 10-16-2000 by Ord. No. 1709]
A.
It shall be unlawful for a wrecker and towing service
or operator to refuse to release a vehicle to its owner or custodian
after it has been prepared for towing from any private property, provided
that the vehicle has not yet been towed onto a public street or highway,
and further provided such owner or custodian pays a service run fee,
if demanded, of not more than the maximum amount for such service
authorized by the City Commission.
B.
For purposes of this section, "prepared for towing"
means the attaching to the vehicle of any device or object designed
or intended to assist in the moving of that vehicle.
C.
In the event that the owner or custodian of the vehicle
demands its release prior to the time it has been prepared for towing,
it shall be unlawful for the wrecker and towing service or operator
to refuse to release the vehicle, provided that the owner or operator
promptly removes the vehicle from the property where it is parked.
[Amended 7-31-1978 by Ord. No. 1137; 2-24-1992 by Ord. No.
1525; 10-16-2000 by Ord. No. 1709]
A.
The City Commission shall establish by resolution
and/or contract the maximum amounts which may be charged for any towing
or wrecker service. Such fees shall apply to all services provided
in the City of Kalamazoo, including the storage of any vehicle in
the City, regardless of where the towing or impound of that vehicle
originated. Any fee established by the City Commission shall be applicable,
however, to any vehicle auction conducted by representatives of the
City of Kalamazoo or the Kalamazoo Department of Public Safety, regardless
of where that auction is held. It shall be unlawful to demand or require
payment of any charge in excess of any fee established by the City
Commission.
B.
A towing or wrecker service provider which removes
a vehicle from private property without the consent of the owner or
custodian of that vehicle between the hours of 6:00 p.m. and 6:00
a.m. shall, at the time it impounds the vehicle, be open to the public
24 hours per day, seven days per week in order to provide the owner
or custodian of the impounded vehicle with an opportunity to promptly
reclaim the vehicle.
C.
A towing or wrecker service provider which removes
a vehicle from private property without the consent of the owner or
custodian of that vehicle shall accept any major credit card. For
purposes of this subsection, the term "major card" shall mean Discover,
MasterCard, or Visa.
D.
A towing or wrecker service provider, or an employee
of such a service provider, who removes a vehicle from private property
without the consent of the owner or custodian of that vehicle, or
which returns a vehicle which has been prepared for towing from private
property, shall provide a receipt when payment in full for all charges
due is received. This receipt shall contain the following language
in at least eleven-point type: "The removal of vehicles from private
property, including all fees and charges related to that service,
is regulated by the City of Kalamazoo. Further information on these
regulations and on permitted fees can be obtained by calling the Kalamazoo
City Clerk at 337-8792."
[1]
Editor's Note: Former § 40-14, which
pertained to soliciting and cruising for business, as amended, was
repealed 3-11-1985 by Ord. No. 1344.
Vehicles impounded, stored or held by a wrecker
and towing service, without the consent of the owner or custodian
of the vehicle or the direction of the police, must be protected from
theft, vandalism or damage of any type and the wrecker and towing
service operator or his employees shall do nothing to render the vehicle
inoperable other than to remove the ignition key and lock the vehicle.
Items of personal property in the vehicle, but not attached or accessory
thereto, shall be safeguarded and must be surrendered or delivered
to the owner or custodian of the vehicle upon demand or release of
the vehicle. The wrecker or towing service has no lien upon personal
property not attached to or accessory to the vehicle.
[1]
Editor's Note: Former Art. II, §§ 40-26
through 40-36, which pertained to wrecker licenses, was repealed 3-11-1985
by Ord. No. 1344. The repealed provisions derived from Ord. No. 1036,
§ 1(PL1216.2—PL1216.4, PL1216.6, PL1216.7, PL1216.10),
enacted 11-18-1974, and Ord. No. 1070, enacted 11-24-1975.
