[Adopted 11-7-2018 by Ord. No. 18-18A[1]]
[1]
Editor's Note: This ordinance provided an effective date and
time of 12-1-2018 at 12:00 midnight.
The Police Department shall dispatch tow service companies that
are certified to operate by the Rhode Island Public Utilities Commission
(PUC) and have indicated by an agreement with the Chief of Police
or his/her designee to abide by the provisions of this article and
the rules and regulations promulgated hereunder, and have further
agreed to remove vehicles for storage on their secured premises consisting
of no less than 10,000 square feet, whether inside or outside storage
areas or a combination of both, which shall be located within the
Town of Cumberland. Such premises will be secured by February 28,
2019.
Towing service companies registered with the Chief of Police
or his/her designee shall be called upon for their services by the
Police Department, in their order of appearance on the list (the "Tow
List"), which shall rotate on an on-call basis for one week from Sunday
midnight to the following Sunday midnight each week. There shall be
a maximum of five tow service companies on the rotating list. The
Chief may keep a waiting list of tow service companies for use in
the event a position opens on the Tow List.
Each tow service company shall provide to the Chief of Police
identification of each company owner, including name, home address,
home telephone number, and date of birth, and shall keep such information
updated and current. The company shall maintain a telephone number
that will be answered 24 hours per day. The company shall maintain
hours of operation open to the public Monday through Friday, 8:00
a.m. to 5:00 p.m., and Saturday, 8:00 a.m. to 12:00 p.m. If a company
is incorporated in the State of Rhode Island, annual reporting to
the Rhode Island Secretary of State shall be current. A minimum of
one rollback tow truck, capable of towing at least 7,500 pounds, shall
be utilized for tow service within the Town of Cumberland, and such
vehicles shall be registered, titled, and insured at the company's
location within the Town of Cumberland. Beginning December 1, 2019,
a minimum of two rollback tow trucks, with the same requirements as
above, will be required.
All tow service companies on the Tow List must provide to the
Chief of Police a list of the vehicle registrations to be used in
providing tow service to the Town. Tow service premises and tow vehicles
are subject to annual inspections by the Chief of Police's designee,
no later than April 30 of each year, to ensure compliance with this
article. Companies must correct any noted deficiencies within 30 days
or will be removed from the Tow List. In addition, in the event a
police officer suspects that a tow service vehicle is not in compliance
with applicable state and/or federal regulations, the police officer
may request that the vehicle be inspected in accordance with R.I.G.L.
§ 31-38-2(a).
The maximum response time to the scene of a required tow shall
be 20 minutes, but may be extended based on extraordinary conditions,
including, without limitation, weather or traffic. If the officer
requesting the tow service determines that the response time is unreasonable,
he/she is authorized to cancel the original tow service and dispatch
the next tow service company on the list.
Tow service companies shall maintain a storage log journal of
vehicles ordered towed by the Cumberland Police Department, which
journal shall be made available to the Cumberland Police Department
upon request. Signage shall be conspicuously posted on the storage
yard in a font no smaller than one inch, indicating telephone contact
for vehicle release after normal business hours. Tow service companies
shall accept payment in cash or credit card. Tow service companies
shall not release a vehicle from storage that has been ordered to
be held by the Cumberland Police Department. Upon release of a vehicle
to an owner or designee, the owner or designee must present a valid
license, insurance and vehicle registration, any of which may be retrieved
from the vehicle. If a towed vehicle is a rented vehicle, the vehicle
shall be released only to the rental agency. In the event a medium
or heavy-duty tow is required. the on-call towing company shall facilitate
the obtaining of the proper equipment to be used and billed at PUC
approved rates.
In the event a vehicle owned by the Town of Cumberland is disabled
and in need of a tow, the on-call tow company will be dispatched,
and that tow company will receive a fee of $0 for the tow.
The Chief of Police may promulgate rules and regulations that
are consistent with this article.
Failure of said towing service companies to comply with this
article or with the rules and regulations promulgated hereunder shall
result in up to a ninety-day suspension from the Tow List for a first
infraction. and termination from the Tow List for further infractions
within a three-year period.
