City of Mission, KS
Johnson County
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Table of Contents
Table of Contents
[Ord. No. 1519, 6-17-2020[1]]
Any person, firm, partnership or corporation desiring to perform wrecker or towing service for the City Police Department shall first be approved by the Chief of Police or his/her designee before being added to the list of companies authorized to respond for wrecker or towing service requests by the Police Department on a rotation basis.
[1]
Editor's Note: Section 2 of Ord. No. 1519 states all prior provisions of Chapter 330 are hereby repealed. As a result we have removed former Sections 330.010 through 330.090, leaving Section 330.040 reserved while removing 30.080 through 330.090 entirely.
[Ord. No. 1519, 6-17-2020]
A. 
Any person seeking approval to be authorized and listed as eligible to respond to requests for towing service by the Police Department shall:
1. 
Exclusive of legal holidays, be open and have a representative actually on the premises of the location or area where towed vehicle are stored or kept from 8:00 a.m. to 5:30 p.m., Monday through Friday.
2. 
Post in a conspicuous place a sign at the front of his/her business stating the business name and a telephone number where information can be obtained about any vehicle towed or stored by the business.
3. 
Provide wrecker and towing service on a twenty-four (24) hour, seven (7) day a week basis.
4. 
Have properly zoned adequate storage facilities in the City or within five (5) miles of the City in Kansas. Outside storage areas shall be fenced with at least six (6) foot high chain link fence.
5. 
Have available storage area which is totally enclosed within a building for the protection and security of recovered stolen property to be processed and valuable property left in vehicles.
6. 
Have available at least one (1) sixteen (16) ton capacity wrecker (a Holmes 600 or its equivalent) or wrecker vehicle with greater capacity.
7. 
Handle and tow abandoned vehicles in proportion to the number of tow requests received from the Police Department for damaged or disabled vehicles.
[Ord. No. 1519, 6-17-2020]
A. 
Each towing and wrecking service must provide the City of proof of the following insurance protection:
1. 
Commercial General Liability OR Garage Liability: Protection limits of at least five hundred thousand dollars ($500,000.00) combined single limits, bodily injury and property damage including products and completed operations.
2. 
Business Automotive Liability: Protection limits of at least five hundred thousand dollars ($500,000.00) combined single limits, bodily injury and property damage. Policy must include one (1) of the following:
a. 
Any auto; or
b. 
All owned, hired and non-owned autos; or
c. 
All scheduled, hired and non-owned autos.
3. 
Garage-Keepers Legal Liability Coverage: Protection limits of at least seventy-five thousand dollars ($75,000.00) per garage location.
4. 
On-Hook/Cargo: Protection limits of at least fifty thousand dollars ($50,000.00).
5. 
Workers' Compensation: Protection against all claims under applicable State workers' compensation laws. The tow company shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of workers' compensation law. The policy limits shall not be less than the following:
a. 
Employers Liability:
(1) 
Bodily injury by accident: One hundred thousand dollars ($100,000.00) each accident.
(2) 
Bodily injury by disease: Five hundred thousand dollars ($500,000.00) policy limit.
(3) 
Bodily injury by disease: One hundred thousand dollars ($100,000.00) each employee.
b. 
Workers' compensation: Statutory.
6. 
Proof of insurance must be furnished on standard Acord© certificate of insurance forms. The City is to be named as an additional insured on all required insuring agreements, with the exception of workers' compensation.
7. 
The City will only accept coverage from an insurance carrier who offers proof that it:
a. 
Is licensed to do business in the State of Kansas;
b. 
Carries a Best's policy holder rating of "A-" or better; and
c. 
Carries at least a Class X financial rating; or
d. 
Is a company approved by the City.
[Ord. No. 1519, 6-17-2020]
A. 
Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made.
B. 
The provisions of Subsection (A) shall not apply to personal medical supplies or essential items. Such items shall be released to the owner thereof upon request. This provision shall not apply if the vehicle or contents are being held for any other lawful purpose, including, but not limited to, being held or ceased as evidence.
C. 
The person in possession of such vehicle and personal property shall be responsible only for the reasonable case of such property. Any personal property within the vehicle not returned to the owner shall be sold at the auction as authorized in Chapter 325.
[Ord. No. 1519, 6-17-2020]
The Chief of Police or his/her designee shall establish and enforce the rules and regulations for wrecker and towing services subject to the provisions of this Chapter.
[Ord. No. 1519, 6-17-2020]
A. 
The Chief of Police or his/her designee may, upon seven (7) days' written notice stating the grounds therefore, suspend or revoke the authority of any towing or wrecker service to respond to requests by the Police Department for failure to comply with the provisions of this Chapter.
B. 
Grounds for suspension or revocation, include, but shall not be limited to, the following:
1. 
Obtaining the approval and authority by fraudulent conduct or false statements;
2. 
Violating the fee and charge schedule established by the Governing Body by overcharge;
3. 
Refusing to respond to requests for service by the Police Department within twenty (20) minutes or failing to answer telephone calls from the Police Department at the telephone number supplied by the business for towing services;
4. 
Responding to the scene of an accident, emergency or impoundment situation when not specifically called by the Police Department to do so and soliciting wrecker or towing business;
5. 
Failure to comply with any rules or regulations governing towing series established by the Chief of Police.