[Ord. No. 6665, § 1, 11-20-1980]
As used herein, the following terms shall have the meanings,
qualifications and descriptions as indicated, provided that the masculine
pronoun wherever used shall include the feminine pronoun, and the
singular, the plural.
The Director of Finance of the City.
That part of St. Louis County, Missouri, outside of incorporated
cities, towns and villages.
Operating a tow truck on a public highway at a slow rate
of speed or in any other fashion for the purpose of soliciting business
along said highway.
Any highway, road, street or alley open to the use of the
public for the purpose of vehicular traffic.
A city, town or village which has been duly incorporated
in accordance with the laws of the state as a unit of local government.
Said definition shall include the City of St. Louis.
Any person who holds legal title to a vehicle or one who
has the legal right to possession thereof.
Any individual, copartnership, firm, association, company
or combination of individuals of whatever form or character.
A radio receiver which is capable of operating on a frequency
assigned by the Federal Communications Commission for fire, police,
municipal or other governmental uses.
Requesting or attempting to sway an owner, his 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 lawful agent or representative.
Any emergency commercial vehicle equipped, designed and used
to assist or render aid and transport or tow disabled or wrecked vehicles
from a highway, road, street or highway rights-of-way to a point of
storage or repair, including towing a replacement vehicle to replace
a disabled or wrecked vehicle.[1]
Any mechanical device on wheels, designed primarily for use,
or used, on highways, except motorized bicycles, vehicles propelled
or drawn by horses or human power, or vehicles used exclusively on
fixed rails or tracks, cotton trailers or motorized wheelchairs operated
by handicapped persons.[2]
[Ord. No. 6665, § 1, 11-20-1980]
(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 Director of Finance for said tow truck, or unless said person shall be exempt by reason of one or more of the exemptions enumerated in Subsection (b) herein. Application for a license shall be made on a form furnished by the Director of Finance 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 whose principal place
of business is not located within the boundaries of the City but who
is operating a tow truck in the City if such tow truck has affixed
to its windshield a license obtained from St. Louis County or a municipality,
which municipality has an ordinance similar to this division. The
aforementioned license must be valid for the current year and the
licensee must comply with all requirements of the applicable ordinance.
[Ord. No. 6665, § 1, 11-20-1980]
The application for said license shall contain the following:
(a)
If a natural person, the name and address of the applicant, the date
and place of birth, and Missouri state operator's license number.
(b)
If a corporation, the corporate name, the state under which incorporated,
the address of the principal office, and the names and addresses of
its officers.
(c)
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.
(d)
The business address from which the tow truck will operate and the
number of said vehicles to be operated.
(e)
A description of each tow truck, giving also the serial and motor
number of each vehicle.
[Ord. No. 6665, § 1, 11-20-1980]
(a)
Such license shall be issued by the Director of Finance unless he
finds one or more of the following:
(1)
Intentional misstatements or misleading statements of fact in
the application.
(2)
Any parties interested in the proposed operation of a tow truck
in the City having been convicted of any violation of any statute,
law or ordinance involving theft, possession of stolen property or
interstate transportation of stolen vehicles, or who have previously
had a business license suspended or revoked.
(3)
Any party interested in the proposed operation has at any time
within the preceding three years permitted a tow truck to be operated
by a person not legally authorized to operate such vehicle.
(4)
A report from the Chief of Police or his delegate setting forth
reasons why such license should not be issued due to the character
of the applicant.
(5)
Failure to pay the required application fee.
(b)
Each applicant shall be notified by mail or by hand delivery of the
issuance or nonissuance of a license by the Director of Finance.
(c)
If the Director of Finance does not issue a license, the reasons
for his not doing so shall be in writing and shall accompany the notice
of nonissuance.
(d)
The Director of Finance's determination of nonissuance may be appealed
under the provisions of Section 536.150, RSMo. 1978, or other applicable
state statutes.
[Ord. No. 6665, § 1, 11-20-1980[1]]
(a)
The fee for the issuance of a license under this division shall be
as set by the Council by resolution from time to time, said fee to
accompany the license application. No part of said fee shall be returnable.
(b)
The term of said license shall be for one year from the date of issuance
and said permit shall be subject to revocation by the Director of
Finance at any time or may be renewed as provided herein.
[Ord. No. 6665, § 1, 11-20-1980]
(a)
Within 30 days prior to the expiration of the license, a licensee
may apply to the Director of Finance for a renewal thereof.
(b)
The licensee shall indicate any changes from the information furnished
to the Director of Finance at the time of the original application.
(d)
The Director of Finance shall renew said license if he shall find
that said operation shall have been conducted in accordance with all
applicable laws and ordinances.
[Ord. No. 6665, § 1, 11-20-1980]
(a)
The Director of Finance may suspend for a period up to 90 days or
revoke a license heretofore issued if he finds one or more of the
following:
(1)
Intentional misstatements or misleading statements of fact in
the application not discovered until after the issuance of said license.
(2)
Violation of any statutes or ordinances pertaining to theft,
possession of stolen property, or interstate transportation of stolen
vehicles.
(3)
The operation of a tow truck by a person not legally authorized
to do so.
(b)
In the event the Director of Finance revokes said license, the licensee
shall be entitled to a hearing before the Director of Finance upon
notice duly given 10 days prior to the date of such hearing. The decision
of the Director of Finance and the reasons therefor shall be served
by either delivering a copy thereof to the person named or by leaving
a copy of the notice at the institution named in the permit.
[Ord. No. 6665, § 1, 11-20-1980]
No license issued under this division may be transferred by
the person to whom it is issued to any other person or any other vehicle
than that to which it was issued without the consent and approval
in writing of the Director of Finance; and a transfer or attempted
transfer thereof or any change in the name of the licensee without
the approval of the Director of Finance in writing shall render the
permit absolutely void and cause the immediate forfeiture of the permit
and all rights granted hereunder.
[Ord. No. 6665, § 1, 11-20-1980]
On each side of a tow truck, there shall be legibly printed
in letters not less than two inches in height the following:
[Ord. No. 6665, § 1, 11-20-1980]
(a)
The owner of a tow truck shall prepare and file in triplicate with
the Director of Finance 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 copy of said schedule shall be retained by the Director of Finance,
one copy shall be returned to the applicant upon the issuance of a
license and one copy shall be forwarded to the Chief of Police.
(b)
Prior to the undertaking of a tow, the licensee or his agent shall
present said schedule to the customer for his examination if such
tow is at the request of the owner of the vehicle or his agent. Said
schedule shall be on a special printed form approved by the Director
of Finance 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 agent or employee shall give one
copy to the customer and shall retain the original for his files.
If a tow is made upon oral instruction of an owner of a vehicle known
to the operator, such schedule shall be delivered to and executed
by the owner as soon as practicable after the tow has been made. If
a tow is made at the request of a commissioned police officer of the
City, the licensee shall present the schedule to the owner of the
vehicle or his agent when the vehicle is returned to the owner or
his agent.
(c)
This original statement shall be retained by the licensee for a period
of one year and shall be exhibited by him upon demand to the Director
of Finance or his authorized representative.
(d)
It shall be unlawful to charge a sum in excess of that authorized
by the schedule filed with the Director of Finance.
(e)
The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in § 13-271(b), contain the following:
(1)
The full name and address of the licensee.
(2)
The full name and address of the driver of the tow truck.
(3)
The full name and address of the person engaging the tow truck.
(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 number of the license issued by the City to the tow truck,
pursuant to this chapter.
[Ord. No. 6665, § 1, 11-20-1980]
(a)
All persons operating a tow truck, or their agents, when operating
said tow truck shall keep in their possession a pad of printed statements
containing his or her name and the address of his or her place of
business, and after towing a vehicle shall prepare one of said printed
statements in duplicate and furnish the original to the owner of the
vehicle or to his authorized representative.
(b)
The statement shall contain the following information:
(1)
The full name and address of the licensee and the number of
the license issued to the tow truck pursuant to this division.
(2)
The full name and address of the person driving the tow truck.
(3)
The full name and address of the person engaging the tow truck.
(4)
The state license number or the state vehicle identification
number of the vehicle.
(5)
The total amount to be charged for towing, to include the number
of miles towed and the storage rate per day or price thereof.
(6)
A duplicate of each statement shall be retained by the licensee
for a period of one year and shall be exhibited by him upon demand
by the Director of Finance or his authorized representative.
[Ord. No. 6665, § 1, 11-20-1980]
The provisions of §§ 13-272 and 13-273 of this division shall not be applicable to any licensee operating a tow truck under the terms of this division 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 division has in his 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 any law enforcement officer. This provision shall not be so construed or interpreted so as to render or to relieve the licensee from complying with the other provisions of this division.
[Ord. No. 6665, § 1, 11-20-1980]
No license to operate a tow truck shall be issued until and
unless the applicant shall first obtain a policy of insurance from
a company authorized to do business in the state or a bond of indemnity,
acceptable to the Director of Finance, with limits for bodily injury
liability of at least $25,000 for each person, $50,000 for each accident
and property damage liability of $10,000 for each accident.
[Ord. No. 6665, § 1, 11-20-1980]
(a)
No driver of a tow truck shall engage in cruising.
(b)
No driver of a tow truck shall invite or permit loitering within
or near his tow truck.
(c)
No driver of a tow truck shall seek employment by repeatedly driving
his vehicle to and from in a short space on any highway or otherwise
interfering with the proper and orderly progress of traffic along
a public highway.
(d)
No driver of a tow truck shall solicit or attempt to divert prospective
patrons of another tow truck.
(e)
No driver of a tow truck shall solicit or divert prospective patrons
at a given garage in the City to any other garage.
(f)
No driver of a tow truck shall solicit, demand or receive from any
person any pay or commission or emolument whatever except the proper
fare for transporting the vehicle in accordance with the schedule
of charges defined herein.
(g)
All licensees shall promptly report all changes of address to the
Director of Finance.
(h)
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
Kirkwood Police Department.
(i)
No person or agent of said person holding a license pursuant to this
chapter shall use or have in his possession a short-wave receiver,
as defined herein, while engaged in the business of towing, except
those persons under written contract with the City or a municipal
police agency for towing services.
