[Ord. No. 12-20, 7-19-2012]
It is the intent of this Chapter to regulate the operation of
towing/wrecker services that are dispatched by the City of Hollister
Police Department.
[Ord. No. 12-20, 7-19-2012]
When used in this Chapter, the following terms, phrases and
words shall have the meaning set out herein:
Tows of vehicles left standing for a period of time greater
than permitted under applicable State laws or municipal ordinances,
and which vehicles have been tagged and marked for removal from public
streets or property or from private property in accordance with law.
Tows of vehicles involved in accidents, and/or stalled vehicles
obstructing traffic, and/or tows of vehicles whose driver is incapacitated
or physically unable to drive the vehicle, and/or tows of vehicles
whose driver has been arrested and/or detained and cannot drive the
vehicle.
Tows requested by the Police Department in connection with
official police business, and which tows may be of the following type:
police-impounded vehicles, police emergency tows, and abandoned vehicle
tows.
Tows of vehicles impounded by the police which vehicles are
held to be used as evidence in a criminal case, and which must be
stored until released by Police Department personnel.
A list of qualified tow/wrecker services engaged in the business
of providing tow services that have entered into an agreement with
the City and shall be designated by the Hollister Police Department
(HPD) for the purpose of rotating police dispatch of tow trucks in
accordance with this Chapter, the agreement and applicable State law.
The non-exclusive agreement entered into between the City
and a tow/wrecker service that defines the obligations, procedures
and terms for police dispatched tow services.
A motor vehicle which has been altered or designed and equipped
for and exclusively used in the business of towing vehicles by means
of a crane, hoist, tow bar, tow line or dolly, or is otherwise exclusively
used to render assistance to other vehicles.
[Ord. No. 12-20, 7-19-2012]
A.
All
towing/wrecker services, companies, firms, businesses and individuals
providing routine services within the City must possess a valid and
current City merchant's license.
B.
All
such towing services must provide one (1) address for the business
the Police Department may use as a reference location for calls in
which a wrecker is needed immediately, and in these instances the
closest wrecker service to a situation shall be notified in lieu of
rotation if, in the opinion of the officer at the scene, an immediate
response service is required for health or safety, or in cases in
which roadways are blocked and traffic flow must be reinstated as
soon as possible.
[Ord. No. 12-20, 7-19-2012]
A.
A towing/wrecker
service rotation list will be maintained within the Police Department
to provide for the fair and equitable handling and dispatching of
wrecker calls and needs provided such services meet and abide by all
guidelines and requirements as set forth in this Chapter. Any towing
company, firm, business or individual that fails to comply with all
conditions, requirements and guidelines of this Chapter may be removed
from the rotation list by the Chief of Police. Those services on rotation
shall be notified in rotating order within noted guidelines.
B.
Any
citizen whose vehicle is disabled on any City street or property may
request the assistance of any towing service of their preference and
the Police Department will endeavor to contact such service on behalf
of the citizen, as applicable. This provision shall not apply in situations
where the City is taking custody of the vehicle, or if the driver/owner
of the vehicle is incapacitated or otherwise unable or unwilling to
make such preference choice within reasonable time.
[Ord. No. 12-20, 7-19-2012]
A.
Tow/wrecker
services wishing to be placed on rotation for calls shall be placed
on the rotation list after showing proof of a current City merchant's
license, and completing proper application to the Chief of Police
or his/her designee in a form designed by the Chief, and maintained
by and within the Police Department, and upon the Chiefs determination
that the person is duly licensed and has agreed to meet all criteria
set forth in this Chapter. Wrecker/towing services requesting placement
on the list do so with the understanding that:
1.
Citizens may request a preference tow and shall receive such attention
as requested and applicable, as a first (1st) option.
2.
If an emergency exists, including, but not limited to, a roadway
access being blocked, and/or traffic is such that the need exists
for immediate removal of vehicles or other obstacles in roadway as
soon as possible, and a wrecker service's business location is such
that its close proximity to the situation/scene and its availability
enables "immediate" response, that wrecker shall be notified in lieu
of the rotation list.
3.
As a third (3rd) step in wrecker call-out, the wrecker rotation list
will be incorporated and the next wrecker service in line will be
called by the Police Department for service. A call refused by any
wrecker service shall be counted as a turn in rotation and the next
available service in line of rotation will be notified and requested.
[Ord. No. 12-20, 7-19-2012]
A.
The
Hollister Police Department has the right to investigate the facts
listed in the application for tow/wrecker services. Within thirty
(30) days after completion of an investigation, HPD shall place the
tow/wrecker service on the rotation list unless any one (1) of the
following exists:
1.
The applicant has been removed from the rotation list within the
last twenty-four (24) months;
2.
A material statement made in the application is untrue;
3.
A fact exists of which the Police Chief has knowledge which would
be cause for removal or suspension of the applicant from the rotation
list;
4.
The applicant must agree that any employee, who will have contact
or access to a vehicle, whether during the request for tow or during
the period the vehicle is being stored or impounded, shall have no
felony criminal convictions;
5.
The rotation list already consists of five (5) or more tow companies;
or
6.
The applicant fails to sign a tow service agreement.
[Ord. No. 12-20, 7-19-2012]
A.
All
tow/wrecker services requesting to be included on the rotation list
shall meet the following requirements and guidelines:
1.
Provide twenty-four (24) hour per day services, seven (7) days a
week, and must respond as requested on a routine basis, unless such
service has equipment or vehicle problems or other problems such as
illness, etc., that would prevent the service from responding as requested
on a normal basis. If problems or situations arise that prevent a
wrecker service from responding, it shall be the service's responsibility
to notify the Police Department as soon as possible of such problem
and provide a length of time for which their service will be unavailable.
2.
Shall maintain business and auto liability insurance as set forth
in Section 304.154, RSMo., written by a company authorized to do business
in the State, naming the towing company as insured and the City as
an additional named insured against any claims for damages.
3.
Have storage space inside a locked building for at least two (2)
vehicles.
4.
Have storage space in the open for at least five (5) vehicles. This
storage area shall have adequate security which shall include no less
than a six (6) foot fence or wall around it with a gate or gates that
can be locked.
5.
Ability to store vehicles subject to police impound within secured
areas referenced in items (3) and (4). It shall be the officer's discretion
to store the vehicle(s) in either an inside or outside storage area.
6.
Retain and safeguard any vehicle and its contents subject to a police
impound until authorized to release same by police personnel.
7.
The tow/wrecker service to include any tow truck that may respond
to the City be within a reasonable distance from the City limits of
Hollister.
8.
Towing company personnel responding to a scene in which debris is
left or scattered on roadway shall be responsible for removal from
the roadway, road right-of-way or private property, and the hauling
away of all vehicle parts, glass and/or any other debris which is
attributable directly or indirectly to the cause for such debris (i.e.,
vehicle accident), but only after authorization to do so has been
given by the investigating Police Officer at the scene of such accident.
Such person, however, shall not be required to clean up liquids or
large spills of solid materials which require lengthy or specialized
cleanup or any material classified as hazardous by the United States
Department of Transportation.
9.
Subcontracting of tow/wrecker services shall not be allowed by any
company placed or maintained on the rotation list.
10.
The tow/wrecker service abides by all State laws in regards to towing
truck company requirements as set forth in Section 304.154, RSMo.
[Ord. No. 12-20, 7-19-2012]
A.
At
any time a towing/wrecker service is in litigation regarding its services
or is under investigation by any Law Enforcement Agency or other bona
fide City, County, State or Federal agency for any reason relating
to such towing/wrecker service, that tow/wrecker service shall be
removed from the City rotation list until such time that the investigation
is completed and it is determined that no criminal or other charges
are filed and/or determined.
B.
If
such investigation involves alleged criminal activity on the part
of the towing/wrecker service and/or owners/managers of such company,
and the owners/managers are convicted in criminal court for such criminal
activity, the Chief of Police is directed to remove the service from
the City rotation system.
[Ord. No. 12-20, 7-19-2012]
Tow services licensed for business in the City shall at all
times display the company name and/or name of the business owner/operator
on each side of every wrecker used by such company and in a prominent
location and of a size adequate to be visible and legible.
[Ord. No. 12-20, 7-19-2012]
All towing services wishing to maintain their place on the rotation
list shall maintain a current permit/application on file with the
Chief of Police and shall renew the permit/application yearly following
the purchase of a City merchant's license, and shall be responsible
for contact and written update of such application within one (1)
week of any time any information on the application is changed.
[Ord. No. 12-20, 7-19-2012]
Nothing in this Chapter shall be applicable to officers or other
bona fide emergency personnel employed by agencies other than the
City Police Department if such officers or personnel request dispatch
assistance through the Police Department dispatch center. They may
set their own requirements and guidelines exclusive of this division.
However, if a request is given to Police Department dispatch as a
no preference call, the rotation list will be used and the dispatcher
shall request the next appropriate wrecker service as determined by
rotation, and, upon successful use, the service shall then be counted
as a use and moved to the end of list.
[Ord. No. 12-20, 7-19-2012]
All towing/wrecker services that wish to be used/notified or
otherwise contacted by the City for their services, whether licensed
or not by the City, and whether on the rotation system or not, shall
maintain a phone service that requires no long distance service/phone
charge be incurred by the City. Only local calls or toll-free numbers
will be used for requesting tow services.
[Ord. No. 12-20, 7-19-2012]
Towing/wrecker services wishing to be placed on the rotation
list will be required to provide the estimated time of arrival to
the requested location. Response to such location must be reasonable
and must be within indicated time barring unforeseen, unavoidable
time-delaying incidents. If timely response time frames are not adhered
to, the Chief of Police may remove the towing/wrecker service from
the rotation list until such problems and/or delays can be addressed
and rectified.
[Ord. No. 12-20, 7-19-2012]
A.
No
person shall solicit in any manner, directly or indirectly, on the
streets of the City, or at any situation or scene under the control
or direction of Police Department personnel, business involving any
vehicle which is disabled or wrecked within the corporate limits of
the City, regardless of the method or means by which such wrecker
service learned of such need.
B.
Wrecker
services shall not attempt to remove vehicles or assist officers at
any scene or situation falling within the scope of this Chapter unless
such wrecker company was first requested and been authorized to do
so by the Police Department or officer on the scene, or by any citizen
involved in situation, provided request by such citizen was made prior
to the officer's arrival or request to the Police Department for assistance.
[Ord. No. 12-20, 7-19-2012]
Within five (5) business days after receiving written notification
that an applicant has been denied placement or has been suspended
or removed from the rotation list, the applicant shall have the right
to file a grievance by filing a written notice of the grievance including
a written statement explaining the grounds of the grievance with the
Chief of Police. The written notice shall include, but not be limited
to, statements why the applicant believes the decision for denial,
suspension or removal from the list should be reconsidered. Upon the
filing of the grievance and written statement, the Chief of Police
shall review the decision, taking into account the issues brought
to his attention in the grievance and make a final determination and
decision. After the final decision is made, the Chief of Police will
notify the applicant in writing of that decision.
