[Code 1991, § 12-129]
Any personal property found in any unattended or abandoned motor
vehicle, trailer, semitrailer, or part thereof may be sold incident
to the sale of the vehicle as authorized in this chapter.
[1]
Editor's Note: Former § 58-322, which pertained
to authority to contract for towing services, derived from § 12-130
of the 1991 Code, was repealed 4-13-2010 by Ord. No. 10-06.
[Ord. No. 10-06, 4-13-2010]
A.
This division is promulgated by the City Council of the City of Fredericksburg,
pursuant to authority provided in the Code of Virginia § 46.2-1217,
to ensure storage, availability and service by persons and firms authorized
to provide towing services at the request of the Chief of Police or
other law enforcement personnel. The provisions of this chapter are
not applicable to towing not at the request of official law enforcement
personnel.
B.
Notwithstanding this division or any agreement executed pursuant
to it, all towers authorized to provide service shall remain independent
contractors and shall not be deemed to be employees of the City.
[Ord. No. 10-06, 4-13-2010]
The following definitions shall be used in the interpretation
and administration of this division. The definitions of various terms
as presented herein do not necessarily represent the same definitions
as may be found for the same terms in other ordinances of the Code.
A towing firm or service which meets the requirements of
the Commonwealth of Virginia Code Title 46.2 Chapter 28 and the Fredericksburg
Towing Ordinance and has entered into a towing service agreement to
provide towing services at the request of the Police Department or
other law enforcement personnel.
An accident where the involved vehicles are still on the
roadway or shoulder.
A tow from the roadway or shoulder between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday.
The person appointed pursuant to City Code § 2-281 or his designee.
The City of Fredericksburg.
A critical traffic problem, snow storm, ice storm, hurricane
or other extreme weather conditions; parade or other similar public
event or a riot, disaster or similar event not ordinarily or usually
occurring, as determined by the City Manager or his designee.
The list maintained by the Chief of Police of those towers meeting the requirements of § 58-330 herein, who are authorized to respond City-wide to the Police Department or other law enforcement personnel's requests for heavy towing.
A sworn law enforcement officer of the City or a Virginia
State Police Officer or agency of said officers.
A Fredericksburg sworn law enforcement officer or any other
sworn law enforcement officer with law enforcement jurisdiction at
the scene of the tow. For calls to towing businesses the term also
includes law enforcement communications and dispatch personnel.
A printed, numbered, dated receipt which includes company
name, company address and business number and receipt signed by owner/operator.
Commonwealth of Virginia State Corporation Commission.
Temporary removal from the City's towing list for a violation
of the ordinance or breach of the towing service agreement.
Permanent removal from the City's towing list and termination
of the towing service agreement.
Shall have the same meaning as a "towing and recovery operator"
as defined in Code of Virginia § 46.2-100.
The City of Fredericksburg Towing and Recovery Advisory Board.
A tower in operation at one location within the City for
a minimum of one year. Each towing business shall own/lease, control
and maintain its own storage lot, vehicles and equipment as required
by this division and shall have its own employees, business license
and insurance. The office of each towing business shall have an attendant
available to take calls and release vehicles at least between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Compliance
with all zoning regulations of the City shall be maintained at all
times. For purposes of this division, multiple corporations, partnerships,
sole proprietorships or other legal entities owned or controlled by
one or more members of a single household are deemed to constitute
a single towing business.
The list maintained by the Chief of Police of those towers
authorized to respond City-wide to law enforcement personnel's requests
for the towing of vehicles.
The agreement between the Police Department and an authorized
tower.
[Ord. No. 10-06, 4-13-2010]
A towing business may apply for inclusion on the towing rotation
list by submitting an application on a form to be prescribed by the
Chief of Police.
[Ord. No. 10-06, 4-13-2010]
A.
The Chief of Police shall conduct an investigation to determine the
accuracy of the information contained in the application and shall
annually inspect the equipment to be used and the storage lot to be
used. If a tower changes the location of its storage facility, a new
inspection is required for approval of the facility.
B.
Upon completion of the investigation the Chief of Police shall determine
whether, based on the information provided in the application and
verified through the investigation, the applicant satisfied the definition
of a towing business as provided in this division. If the applicant
is qualified, the Chief of Police shall approve the application and
sign the standard towing service agreement and the qualified applicant's
name shall be placed on the tow rotation or, as appropriate, on the
heavy-duty tow rotation list as an authorized tower. Except as otherwise
provided herein, the only modification to the standard agreement shall
be as to the type of towing vehicles the authorized tower will supply.
C.
If the Chief of Police finds the applicant unqualified, he or she
shall indicate the reasons, in writing, and return the application
to the applicant.
[Ord. No. 10-06, 4-13-2010]
No towing service agreement shall be signed until the tower
has provided the Chief of Police with evidence of the following insurance
coverage for the duration of this agreement by a company or companies
licensed to do business in the commonwealth.
A.
Tower shall be required to carry garage keeper's legal liability
insurance in the minimum amount of $75,000 to cover fire, theft, windstorm,
vandalism and explosion for each lot. Towers on the heavy-duty wrecker
list shall carry garage keeper's legal liability insurance in the
amount of $200,000.
B.
Insurance sufficient to cover any and all claims of loss, damage
or bodily injury, resulting from its acts or incurred in the operation
of the tower's business equipment and vehicles pursuant to the agreement
in the amount required by the state (vehicle liability policy).
C.
Insurance sufficient to cover claims under the Worker's Compensation Act if applicable, for all of its employees. If any work is sublet pursuant to § 58-328K, the subcontractor shall provide similar coverage.
D.
The tower shall indemnify and hold harmless the City, its agents,
employees and representatives from any and all claims casualties,
damages or injuries out of its actions pursuant to the agreement.
E.
Towers shall name the towing advisory board, the Chief of Police
and the City as additional insureds on its policy and provide a certificate
of insurance showing same to the Chief of Police.
[Ord. No. 10-06, 4-13-2010]
A.
Authorized towers shall, at the request of and as directed by the
officer, tow vehicles in the City in a manner that is damage-free
to the towed vehicle and by the most safe and direct route.
B.
Authorized towers shall comply with all applicable federal, state
and local laws, including but not limited to, the securing of all
necessary federal, state and local licenses and registration fees.
All authorized towers shall display a WT-TAG (Tow Truck for Hire)
or a Virginia apportioned tag while maintaining $1,000,000 in liability
insurance. All authorized towers must be current in all financial
obligations to the City including all tax and license obligations.
C.
All authorized towers shall provide service 24 hours/day, 365 days/year.
D.
Authorized towers shall have available at all times sufficient qualified
personnel to receive calls and execute all requested towing.
E.
Authorized towers shall have at least one regular tow truck and one
rollback to perform services under this division.
F.
Time is of the essence in the performance of services. The authorized
tower shall arrive on the scene within 30 minutes of receiving a call,
with a grace period of 10 minutes if the tower contacts the requesting
law enforcement agency within the first 25 minutes after receiving
the call. If such time limit is not met, the officer will notify a
second authorized tower and service from the first tower is considered
canceled and neither the City nor the vehicle owner shall be liable
for any payment to the first tower notified. Heavy-duty towers are
exempt from the thirty-minute time limit, so long as they contact
the law enforcement agency within the first 25 minutes of receiving
the call and they arrive on the scene in a reasonable and timely manner.
G.
The authorized tower will not be held responsible for unavoidable
delays caused by circumstances beyond its control such as natural
disasters or acts of God. However, if in the judgment of the Chief
of Police, excessive delays are caused by circumstances within the
tower's control such as negligence, lack of manpower, poorly conditioned
equipment, etc., the Chief of Police may recommend to the towing advisory
board that the tower be suspended/terminated from the list.
H.
Authorized towers shall respond to calls for towing using only their
own equipment and personnel. Calls shall not be passed on to another
tower.
I.
If a tow truck is not available or the authorized tower cannot, for
whatever reason, respond within the time required by this chapter,
the tower shall immediately indicate to the dispatcher that it cannot
respond and the reason why. The dispatcher shall then notify the next
authorized tower on the list.
J.
If upon arrival at the towing scene, the tower determines that the
towing vehicle brought will not be sufficient, the tower will be permitted
by the officer to notify his towing business to get the necessary
additional equipment, which shall arrive at the scene within 30 minutes
of the notification.
K.
Initial response to calls for service to any towing business by towing
equipment from another towing firm, regardless of ownership, is prohibited.
The initial tower may, however contract with another authorized tower
to assist at the scene if specialized equipment not normally owned
by a towing company is needed, and he reasonably believes that additional
assistance is necessary in order to perform a safe and damage-free
tow.
L.
All equipment used by authorized towers must be in good working order.
M.
Authorized towers may use crossovers located on the interstate only
when directed to do so by the officer pursuant to Code of Virginia
§ 46.2-920.1.
N.
All authorized towers shall have the towing business name, address
(as required by state law) and telephone number printed on both sides
of the towing vehicle in letters and numbers of such size, shape and
color as to be readily legible during daylight hours from a distance
of 50 feet while the vehicle is not in motion.
O.
Authorized towers can use any equipment they own to assist them at
the scene and to tow the vehicle as long as the authorized tower is
initially on the scene within the allotted time frame.
P.
All authorized towers shall have a business card which contains the
following information: name of towing business, address of business
(no P.O. Box numbers), telephone number and after hours number if
necessary. All tow vehicles shall be stocked with a supply of such
business cards sufficient to ensure that cards are available for distribution
to citizens whose vehicles are towed and to other interested parties.
Q.
All towing operators shall possess a valid Virginia driver's license
or commercial driver's license (as may be required by law) and shall
be qualified to operate the tow vehicle and its equipment. Authorized
towers shall ensure that all of their employees meet these requirements.
R.
Authorized towers shall remove all litter, glass and debris caused
by the incident which necessitated towing, excluding the contents
of a load carried by a private or commercial truck, van, or similar
vehicle.
[Ord. No. 10-06, 4-13-2010]
A.
Pursuant to the towing service agreement, the authorized tower shall
make available a rollback, with at least an 8,000 pound winch and
a deck rating of a minimum 7,000 pounds, which shall be maintained
in good condition with the Virginia license plates, current Virginia
inspection stickers, and SCC license.
B.
Towers who desire inclusion on the heavy-duty tow rotation list shall
make available a tow truck, hereinafter known as a heavy-duty wrecker,
equipped with a wrecker crane capable of lifting at least 50,000 pounds
and capable of towing at least 80,000 pounds. It shall be equipped
with (i) a wheel lift or under-reach of sufficient size to tow all
types of trucks, tractor and trailers without damage, (ii) a heavy-duty
sling, (iii) air brakes, (iv) and an auxiliary air supply capable
of tying into the air brakes of the disabled vehicle to enable safe
towing under the braking control of the tow truck.
C.
Each of the motor vehicles enumerated above shall be standard vehicles
originally designed and built as tow trucks and shall not be pickup
trucks with tow slings in the body. An exception to the above allows
a vehicle designed to retrieve a vehicle from "off road" such as rugged
terrain, woods, etc., to be used for this purpose. This exception
only applies in recovery of the vehicle in moving it to a location
where it can be safely towed by a regular wrecker, rollback, or a
heavy-duty wrecker.
D.
Each of the motor vehicles enumerated above, unless otherwise specified
shall be equipped with the following items as a minimum requirement:
(1)
A chassis rated with sufficient gross vehicle weight to match the
maximum capacity of the crane mounted thereon.
(2)
One five- pound ABC or one 10 pound ABC fire extinguisher.
(3)
Two operable amber revolving or flashing emergency lights, mounted
on the highest part of the vehicle and visible from all sides.
(4)
One heavy-duty street broom and one shovel.
(5)
Liquid absorbent source/stay dry for small cleanups.
[Ord. No. 10-06, 4-13-2010]
A.
The tower shall issue an itemized receipt for payment for towing
and storage services to the owner or responsible party of the towed
vehicle. Said receipt shall also include a signature line for the
owner or responsible party acknowledging receipt of the vehicle.
B.
Fees include basic "cleanup" (sweeping street for glass, etc.) and
exclude reasonable recovery fees. The maximum amounts are below:
|
Basic Tow
|
Basic Accident
| ||
|---|---|---|---|
|
Maximum amount
|
$150
|
$225
| |
|
Storage fee
|
$50/day (Tower may begin charging storage fee 24 hours after
the vehicle is towed)
| ||
|
Administrative fee after 72 hours (3 days)
|
$90
|
[Ord. No. 10-06, 4-13-2010]
A.
All authorized towers shall have a secured lot for storage of vehicles
towed under this division. The storage lot and tow business shall
be located within the City of Fredericksburg. A storage facility may
also consist of a building dedicated to the inside storage of vehicles.
B.
The storage lot shall have a sign posted in a conspicuous place identifying
the firm's name and telephone number.
C.
The storage lot shall have a graveled or paved surface unless it
is an inside storage facility.
D.
The space available in a storage lot for each tower shall be 1,500
square feet minimum. Shared lots are allowed provided they meet the
minimum required space of 1,500 square feet per tower.
[Ord. No. 10-06, 4-13-2010]
A.
All of the tow vehicles, required equipment and storage facilities
shall be inspected and approved by the Chief of Police prior to initial
use. The Chief of Police may periodically inspect any tow trucks,
equipment and storage facilities used under this division. The tow
truck inspection shall take place at a location designated by the
Chief of Police. There will be an annual inspection of all tow trucks,
equipment and storage facilities used under this division. An annual
fee of $25 will be charged for each vehicle inspected. The annual
inspection of the vehicles will occur on or about the anniversary
date of the tower's application approval.
B.
The Chief of Police shall give the tower written notice when the
vehicle or storage facility is found to be unacceptable.
C.
Unacceptable tow trucks and equipment or storage facilities shall
not be used by a tower in the performance of obligations under a towing
service agreement until replaced, repaired or otherwise brought into
compliance and approved by the Chief of Police.
[Ord. No. 10-06, 4-13-2010]
A.
If an owner or lien holder fails to claim any vehicle or if a tower
wants to satisfy any lien which it has on a vehicle, it shall be the
tower's responsibility to dispose of or sell the vehicle in compliance
with the Virginia State Code.
B.
Tower shall be reasonably responsible for vehicle(s) towed and any
contents from the time the vehicle is towed until one of the following
events occur:
(1)
The vehicle is delivered to a location specified by the owner or
other authorized person.
(2)
The vehicle and property is released to and accepted by the owner
or authorized person in the same condition as originally towed. A
facsimile authorization shall be acceptable as a form of release from
the owner of the vehicle along with photocopy of photo identification.
(3)
The vehicle is otherwise disposed of according to law.
C.
The towing business shall keep records of all vehicles which have
been towed pursuant to the towing service agreement. These records
shall include, at a minimum, the date and time of the tow, the vehicle's
license number and state of issue, the model and color of vehicle,
the location from which it was towed, the charges for towing and storage,
the disposition of vehicle and date of disposition, and an inventory
of items of value.
D.
Towers shall promptly arrange for the release of vehicles towed or
stored pursuant to this division. There must be an attendant on duty
from the hours of 8:00 a.m. through 5:00 p.m., except on weekends
and state holidays, for the purpose of permitting inspection or release
of stored vehicles. After hours, the owner or attendant must be available
by telephone.
E.
Towers, upon receiving a request to release or permit an inspection
of a stored or seized vehicle from the owner, operator or other authorized
person during other than normal business hours, shall allow and otherwise
require one hour's notice for the release of such vehicle. All fees
charged for any after-hours release/inspection shall be reasonable
in light of those charged by other towers in the City for comparable
service.
F.
Towers shall comply with the rights of owners of vehicles as set
forth in Code of Virginia § 46.2-1217. Additionally, towers
must allow for the retrieval of personal property from the vehicle
and shall not require that payment for towing and storage be rendered
prior to providing such access to the vehicle to the owner or operator.
A fee may be charged for after-hours access to the vehicle but such
fee must be reasonable in light of those charged by other towers in
the City for comparable service.
G.
Towers shall not release any vehicle designated as "seized" or "seized
for forfeiture" by the Police Department or other law enforcement
agency until the tower obtains permission from the requesting agency.
The tower shall bill the requesting agency for the cost of the tow
and storage.
H.
Towers agree to abide by decisions of the towing advisory board in
the resolution of complaints against them.
[Ord. No. 10-06, 4-13-2010]
A.
The Chief of Police shall ensure that towers are called on a rotating
basis according to the tow rotation list and when heavy towing is
required, the heavy-duty tow rotating list.
B.
The owner or operator of a vehicle to be towed shall be allowed to
specify the tower of his/her choice, whether or not authorized by
the Chief of Police or other law enforcement personnel, unless the
vehicle constitutes a traffic hazard and the requested tower will
have an unacceptable response time.
C.
Unless at the vehicle owner or operator's request, the Chief of Police
or other law enforcement personnel shall not call a tower who does
not have a towing service agreement with the Police Department unless
all towers on the towing rotation list are unavailable or an emergency
exists.
D.
The Police Department watch commander on duty may temporarily suspend
the tow rotation list for reasons such as, but not limited to, bad
weather or any unusual events. However, any towers which are randomly
used at the request of an officer during suspensions of the list must
be reported to the communications office for record purposes. In the
event that a tower responding to a call is not used, for reasons not
the fault of the tower, the tower will be placed back on top of the
tow rotation list.
E.
The officer at the scene may reject the services of the tower dispatched
when said tower arrives unfit to perform the tow. Unfitness shall
include but is not limited to possession of inadequate equipment to
perform the tow or operation by personnel who, due to apparent intoxication
or other incapacity, are not able to perform the tow safely. In the
event that the tower is determined to be unfit, the officer shall
notify the communications personnel to dispatch the next tower on
the list, shall report said decision to the senior patrol supervisor
on duty, and shall file a written report with the Chief of Police.
A tower who responds to a call with inadequate gear and/or is otherwise
unfit to perform the tow will lose that turn in the rotation and fall
to the bottom of the list.
F.
The Police Department will call another tower if the first tower
fails to answer the telephone or a busy signal is received after two
attempts within five minutes.
G.
This is an equal call system, giving each tower equal opportunity
to respond. If a tower does not answer his/her telephone or refuses
the call, the tower loses that turn in rotation, falls to the bottom
of the list, and will not be called until the list rotates to the
tower's name again.
[Ord. No. 10-06, 4-13-2010]
A.
No tower shall respond to an accident for the purpose of towing vehicles
unless specifically called there by the Police Department, other law
enforcement personnel, or the person involved in the accident or emergency.
Violation of this section shall result in suspension from the towing
list for 30 days for the first offense, 60 days for the second offense
and termination from the towing list for a third offense. Violations
of this section shall be punishable as a class three misdemeanor.
B.
The officer may direct the tower to provide necessary services in
such instances when immediate assistance is necessary to protect persons
or property.
C.
Towers are prohibited from soliciting business at the scene of accidents;
however, a tower is not otherwise prohibited from contracting with
any person, firm or corporation.
[Ord. No. 10-06, 4-13-2010]
A.
Violation of any provision of this division may subject the tower
to suspension from the towing list. Violations shall include, but
are not limited to, the following:
(1)
Deliberate failure of tower to respond to a call, after accepting
it.
(2)
Securing a towing service agreement by fraud or concealment of a
material fact which, if known, would cause disapproval of the application.
(3)
Violation of the towing service agreement.
(4)
Chronic or repeated violations, even if minor in nature, of this
division; and/or
(5)
A single serious violation of this division, including but not limited
to:
(a)
Running vehicular accidents;
(b)
Overcharges;
(c)
Alcohol or drug use;
(d)
Repeated failure to take a call and/or tardiness in responding
to calls;
(e)
Failure to notify the Chief of Police with immediate changes
regarding insurance, taking on a new partner(s), owner(s), agent(s),
corporate officer(s) or any other changes regarding anything listed
in the application for towing service;
(f)
Fraudulent acts with respect to this division;
(g)
Failure to remain current in financial obligations to the City;
(h)
Failure to comply with the requirements of this division.
B.
Repeated violation of this division by a tower shall result in suspension
or termination from the tow rotation list. Such decisions will be
rendered by the Chief of Police.
[Ord. No. 10-06, 4-13-2010]
A.
Any person who believes a tower has violated this division may file
a complaint against such tower. The complaint shall be in writing,
filed with the Chief of Police and directed to the tow board. The
Chief of Police or the tow board shall provide a copy of the complaint
to the tower.
B.
The tow board shall investigate all complaints properly received.
All investigations shall proceed in the following manner:
C.
In the event that a member of the tow board panel lodges a complaint
against another tower, said tow board member shall be excused from
the investigative proceedings.
D.
The tow board shall notify the complainant and the tower in writing
of the resolution of a complaint. A copy of the resolution shall be
forwarded to the Chief of Police.
[Ord. No. 10-06, 4-13-2010]
A.
The tow board shall notify the complainant and the tower in writing
of the decision to conduct a hearing to resolve a complaint. The notification
shall state the date, time, and location of the scheduled hearing
and the hearing shall be conducted within 60 days of the determination
of a valid complaint.
B.
In a hearing called to resolve a complaint against a tower, the complainant
shall be responsible for presenting the allegations against the accused
tower to the tow board members. The hearing may be conducted in person
or by phone so long as the tow board members themselves attend the
hearing in person. Both the complainant and the tower will be permitted
to present evidence and testimony related to the complaint. The Chief
of Police will not be present during the hearing unless he or she
is providing evidence or testimony.
C.
All tow board hearings shall be open to the public and noticed per
the requirements of the Virginia Freedom of Information Act.
D.
All tow board hearings shall be recorded and may be transcribed.
Such transcriber shall not be a current member of the tow board and
shall not be affiliated with any tower on the tow rotation list.
E.
The tow board shall notify the complainant and the accused in writing
of the findings from the hearing and what actions, if any, will be
taken in response to the findings. A copy of the decision will be
sent to the Chief of Police.
[Ord. No. 10-06, 4-13-2010]
A.
The tow board is authorized to recommend revisions to this division.
B.
Revisions shall be in effect from the date on which they are adopted
by the Fredericksburg City Council, unless otherwise provided in the
ordinance.
C.
Towers on tow rotation list shall be given written notification of
any changes 10 days prior to the revision being adopted. They may
cancel their participation on the tow rotation list if they do not
wish to accept the revision.
