[R.O. 2007 § 605.565; Ord. No. 3359 § 5, 12-14-2000]
The provisions of Article
I of Chapter
605 of the City Code shall apply to this Article and any license issued hereunder specifically including, but not limited to, the provisions which address suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section
605.013. However, the specific provisions of this Article shall control and take precedence over any provision of Article
I of Chapter
605 to the contrary. Any provision of this Article which addresses the same topic as Article
I of Chapter
605 but which is not in conflict with the provisions of Article
I of Chapter
605 shall be read in conjunction with and as an alternative to the provisions of Article
I of Chapter
605.
[R.O. 2007 § 605.570; CC 1979 § 26-94; Ord. No. 760 § 8(B), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. It shall be unlawful for any person to
operate a tow truck within the City unless that person shall first
obtain a license from the Clerk for said tow truck, or unless said
person shall be exempt by reason of one (1) or more of the exemptions
enumerated herein. Application for license shall be made on a form
furnished by the City Clerk 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 from a location or place of business
not in the City, when such tow truck has affixed to its windshield
a license obtained from any County or City pursuant to an ordinance
of said County or City which said ordinance is similar in context
to this Article. The aforementioned license must be valid for the
current year and the licensee must comply with all requirements of
such ordinance.
[R.O. 2007 § 605.575; CC 1979 § 26-95; Ord. No. 760 § 8(C), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 42, 4-24-2014; Ord. No. 7253, 12-19-2019]
A. The application for said license shall
contain the following:
1.
Name and address of the applicant;
if a natural person, the date and place of birth; and Missouri State
operator's license number.
2.
If a corporation, the state under
which incorporated; the date of incorporation; the address of the
principal office; and the names and addresses of its officers.
3.
If any other type of organization,
the name thereof; the location of its office; and the names and addresses
of the principal officers, director, trustees, or managing officials
or partners.
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 number and motor number.
6.
A copy of the applicant's current
and valid license issued pursuant to Chapter 608 of the Ordinances
of St. Charles County Missouri, as amended.
[R.O. 2007 § 605.580; CC 1979 § 26-96; Ord. No. 760 § 8(D), 12-9-1982; Ord. No. 810 § 2, 6-23-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 43, 4-24-2014; Ord. No. 7253, 12-19-2019]
A. Such license shall be issued by the Clerk
unless he/she finds one (1) or more of the following:
1.
Intentional misstatements or misleading
statements of fact in the application.
2.
Failure to pay the required application
fee.
[R.O. 2007 § 605.585; CC 1979 § 26-97; Ord. No. 760 § 8(E), 12-9-1982; Ord. No. 791 § 6, 4-28-1983; Ord. No. 805 § 6, 6-2-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 44, 4-24-2014]
The fee for the issuance of a license under this Article shall be as set forth in the fee schedule at Section
605.013 for each tow truck, said fee to accompany the license application. In addition, an annual license fee as listed on the fee schedule at Section
605.013 shall be charged for each mechanical or electronic amusement device situated in tow truck operator's establishments and such additional fee shall be described as mechanical or electronic amusement device on the fee schedule at Section
605.013, provided that this mechanical or electronic amusement device fee shall not be applicable if the establishment is the operator's residence. No part of said fees shall be returnable.
[R.O. 2007 § 605.600; CC 1979 § 26-100; Ord. No. 760 § 8(H), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
No license shall be transferred from
one owner to another, but an owner may transfer the licenses of one
tow truck to another tow truck. Such transfer shall only be made on
approval of the Chief of Police after written request to him/her on
forms provided by him/her for that purpose.
[R.O. 2007 § 605.605; CC 1979 § 26-84; Ord. No. 760 § 8(I), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. On each side of a tow truck there shall
be legibly printed in letters not less than two (2) inches in height
the following:
1.
Name and address of the licensee
and the license number assigned to him/her by the Clerk.
2.
The phrase "request schedule of prices".
[R.O. 2007 § 605.610; CC 1979 § 26-85; Ord. No. 760 § 8(J), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. The owner of a tow truck shall prepare
and file in triplicate with the Chief of Police 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 Chief of Police, one (1) copy shall be returned to the applicant
upon the issuance of a license, and one (1) copy shall be forwarded
to the Clerk.
B. Prior to the undertaking of a tow the licensee
or his/her agent shall present said schedule to the customer for his/her
examination. Said schedule shall be on a special printed form approved
by the Chief of Police which shall serve not only to advise a customer
of the basis of charges under which the towing is to be done, but
also as an authority for the commencement of the tow as a work order.
This printed form shall be in duplicate and the customer shall sign
in a space provided below a bold face printed statement declaring
"I have examined the schedule of prices and I hereby authorize the
towing of my vehicle". A licensee or his/her agent or employee shall
give one (1) copy to the customer and shall retain the original for
his/her files.
C. This original statement shall be retained
by the licensee for a period of one (1) year and shall be exhibited
by him/her upon demand to the Chief of Police or his/her authorized
representative.
D. It shall be unlawful to charge a sum in
excess of that authorized by the schedule filed with the Chief of
Police.
E. The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in Subsection
(B) above, contain the following and all persons operating a tow truck or their agents, when operating said tow truck, shall keep in their possession a pad of these printed statements containing his/her other 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.
1.
The full name and address of the
licensee; and the number of the license issued to the tow truck pursuant
to this Article;
2.
The full name and address of the
person engaging the tow truck;
3.
The point of origination and destination;
4.
The State license plate number or
the State vehicle identification number of the vehicle to be towed;
5.
The State license plate number of
the tow truck;
6.
The signature of the person driving
the tow truck;
7.
Any other information required by
the Chief of Police; and
8.
The total amount to be charged for
towing to include the number of miles towed and the storage rate per
day or price thereof.
[R.O. 2007 § 605.615; CC 1979 § 26-86; Ord. No. 760 § 8(K), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
The provisions of Section
605.610, "Operational Requirements and Forms..." of this Article shall not be applicable to any licensee operating a tow truck under the terms of this Article where such licensee is under a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move a vehicle owned or controlled by such person, firm or corporation to a specific location so designated for consideration set forth in such contract, provided that said licensee under this Section has in his/her possession at all times while towing, transporting, conveying or moving such vehicle such contract or verified copy thereof and shall display such contract or copy when required to do so by Law Enforcement Officer. This provision shall not be constructed or interpreted so as to render or to relieve the licensee from complying with the other provisions of this Article.
[R.O. 2007 § 605.620; CC 1979 § 26-87; Ord. No. 760 § 8(L), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
No license to operate a tow truck
shall be issued until and unless the applicant shall first obtain
a policy or non-cancelable certificate of insurance from a company
authorized to do business in the State of Missouri or a bond of indemnity,
acceptable to the Clerk, with limits for bodily injury liability of
at least one hundred thousand dollars ($100,000.00) for each person,
three hundred thousand dollars ($300,000.00) for each accident and
property damage liability of one hundred thousand dollars ($100,000.00)
for each accident.
[R.O. 2007 § 605.625; CC 1979 § 26-88; Ord. No. 760 § 8(M), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6475 § 4, 1-21-2016]
A. For the purposes of this Section
605.625, the term "solicit" shall mean 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.
B. Miscellaneous regulations concerning tow
trucks and operators of tow trucks are as follows:
1.
No driver of a tow truck shall engage
in cruising.
2.
No driver of a tow truck shall invite
or permit loitering within or near his/her tow truck.
3.
No driver of a tow truck shall seek
employment by repeatedly driving his/her vehicle to and fro in a short
space on any highway or otherwise interfering with the proper and
orderly progress of traffic along a public highway.
4.
No driver of a tow truck shall solicit
or attempt to divert prospective patrons of another tow truck.
5.
No driver of a tow truck shall solicit
or divert prospective patrons at a given garage in the City to any
other garage.
6.
No driver of a tow truck shall solicit,
demand or receive from any person any pay or commission or emolument
(profit) whatever except the proper fare for transporting the vehicle
in accordance with the schedule of charges defined herein.
7.
All licensees shall promptly report
all changes of address to the Chief of Police.
8.
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 St. Peters Police Department.