[HISTORY: Adopted by the Town Council of
the Town of Johnston 6-8-1992 by Ord. No. 865 (Sec. 16A-4.47 of the
1979 Code). Amendments noted where applicable.]
A.
The following chapter is promulgated for towing service
companies registered as approved by the Mayor of the Town of Johnston
or his designee to perform tow services for the Town of Johnston and
the Johnston Police Department.
B.
No person or company (whether providing tow services
or otherwise) shall be considered for or placed on the Town's list
of tow companies approved by the Mayor of the Town of Johnston or
his designee, nor shall a tow company currently on the list be allowed
to remain thereon, unless each said person or tow company holds and
maintains in good standing a "certificate of public convenience and
necessity" as issued by the Rhode Island Department of Public Utilities.
C.
All appointments to the Town of Johnston Police Department's Approved Towing Company List, for the purpose of this chapter, shall be treated as an appointment under Sec. 4-6(1) of the Johnston Town Charter.
D.
In addition, in order to be considered for approval
an applying tow company or person shall comply with the terms, conditions
and provisions as set forth in the appropriate sections of the Rhode
Island Motor Vehicle Code, which are part of this chapter; and which
shall also apply to and be binding upon companies and/or persons already
on the said approved tow list, unless specifically exempted as to
any particular provision or section.[1]
Companies and/or persons wishing to be placed
on the Town's approved tow list shall make formal application to the
Mayor of the Town of Johnston, or his designee, for consideration
on the approved list.
Companies and/or persons wishing to be placed
on the Town's approved tow list shall guarantee to provide twenty-four-hour
service, seven days a week, throughout the year and to accept and
promptly respond within a twenty-minute time period or lose that turn
on the tow list that rotation. Three misses in a thirty-day period
will require automatic review of tow company's application to Chief
of Police.
Companies and/or persons wishing to be placed
on the Town's approved tow list shall guarantee to provide an approved
secure storage facility with the following requirements:
A.
For an applying or "new" company the outside secure storage area must be a minimum of 15,000 square feet at the same location. For an existing company of the said list, § 316-12 herein shall apply. All storage areas must be approved by the Mayor of the Town of Johnston or his designee in writing.
B.
The towing company will maintain an inside secure
storage facility to secure a minimum of three passenger vehicles.
C.
This area must be zoned in accordance with all Town
and state ordinances and laws.
D.
The area must be owned or be under a multiple-year
lease.
Every tow company must have at least two tow
trucks and one carrier with the following:
A.
Every vehicle used for the purpose of towing disabled
vehicles shall display the name, address and telephone number of the
registered owner on both sides of the tow vehicle. The words shall
be in sharp color contrast to the background and be of such size,
shape and color as to be readily legible during daylight hours, from
a distance of 50 feet while the vehicle is in motion.[1]
B.
Flashing amber lights on all tow trucks and car carriers
will be visible not less than 500 feet. (This subsection is also a
requirement under the Rhode Island Motor Vehicle Laws, § 31-24-31.)
C.
Two-way communications, "radio system" excluding C.B.
equipment general.
D.
Said towing companies shall maintain a large broom
on all tow trucks to be used for Town-ordered tows and be required
to remove all reasonable debris caused by incident.
E.
Said towing companies shall maintain and keep in effect
beepers for the purpose of communications between the Police Department
and said towing company personnel.
F.
If a tow company or his agent refuses or fails to comply with the foregoing Subsection D, the police shall have the option to call the next tow company on the rotating list to complete that particular tow. Also, for repeat failure, breaches or violations, the tow company will be subject to sanctions and penalties imposed by the Mayor of the Town of Johnston or his designee.
Each tow company agrees to perform no repair
work (nor refer repair work to others) without the written consent
of the vehicle owner or his authorized agent.
A.
Each tow company agrees to surrender and release the
towed vehicle to the owner or his duly authorized agent immediately
upon demand. Collection of towing charges and storage fees rests solely
with the towing service and the vehicle's owner or its agent of the
vehicle.
B.
Neither the Town of Johnston or its agents are liable
for any towing fees and storage fees incurred as result of any vehicle,
parts or objects being towed.
C.
Upon a vehicle being released by the Police Department,
the said towing companies agree to charge only the towing and storage
fees specified by the Department of Public Utilities. Collection of
towing charges and storage fees rests solely with the towing service
and the vehicle's owner or its agent. Neither the Town of Johnston
nor its agents are liable for any towing fees and storage fees incurred
as a result of any vehicle, parts or objects being towed.
D.
Each said tow company agrees to display the current
Department of Public Works ordinance that specifies the towing and
storage charges of a towed vehicle. This ordinance will be displayed
conspicuously to the view of the owner of the towed vehicle and in
the immediate area where the normal business is conducted by said
towing company on releasing towed vehicles.
Each tow company agrees to make no unsolicited
response to the scene of an accident or abandonment. Only the owner,
his agent or the police shall be the source of such request for towing.
A.
Each tow company on the said approved list agrees
to notify the Chief of Police or his authorized officer of any vehicle,
parts or objects which it has towed and remain in storage and unclaimed
for seven days.
(1)
This notice and all pertinent information for each
said tow must be listed and supplied in writing and in duplication
on the current form used by the respective tow company which will
be mailed or delivered weekly by the tow company to the Police Department,
unless an authorized police officer picks up the same.
(2)
Collection of towing charges and storage fees rests
solely with the towing service and the vehicle's owner or its agent.
Neither the Town of Johnston nor its agents are liable for any towing
fees and storage fees incurred as a result of any vehicle, parts or
objects being towed.
B.
With respect to abandoned vehicles towed, the said
tow companies will comply with Chapter 42 of Title 31 of R.I.G.L.
as amended (entitled "Abandoned Motor Vehicles"), and will also comply
with any other pertinent or applicable state or federal statutes.
C.
It is to be noted that there will be times when tow companies will be required to tow vehicles or parts or other objects which are considered to be evidence of a crime. This evidence will be placed in a secure storage area by the towing company pending disposition at no expense to the Town of Johnston. (Refer to § 316-4.)
A.
Each tow company agrees to keep a separate record
book for vehicles towed as a result of a police call for tow service
for impoundment. The record book shall show the following:
B.
Each tow company agrees to provide upon demand the
tow book and all written contents to the Mayor or to the Chief of
Police or any police officer or officer-in-charge that the Chief may
authorize.
[Amended 6-14-2004 by Ord. No. 2004-9]
A.
Each tow company agrees to hold a Rhode Island Department
of Public Utilities certificate with an area of coverage, including
Johnston as an area, as a minimum coverage.
B.
No said tow company or person on the Town's approved
tow list shall effectuate the transfer of the said company's public
utilities' certificate to a prospective purchaser nor shall any transfer
of ownership in whole or part entitle the purchaser to remain on the
said Town's tow list, unless and until the prospective purchaser is
approved by the Mayor of the Town of Johnston after the prospective
purchaser shall have applied to the Chief of Police to remain on the
said tow list in accordance with these regulations and the appropriate
Town ordinances.
[Amended 6-14-2004 by Ord. No. 2004-9]
A.
The requirement (set forth in § 316-4A) that a "new" or applying company must provide an approved secure storage facility with an outside secure storage area containing a minimum of 15,000 square feet at the same location shall not apply retroactively to an "existing company" on the Town's said approved list.
B.
All deviations have to be approved by the Chief of Police. If the deviations are not acceptable, then the towing service will be given adequate time to comply. A maximum of one year will be allowed for the grandfathered towing service to comply with all deviations of § 316-4A not acceptable by the Mayor of the Town of Johnston or his designee.
Based upon the information received by the Johnston
Police Department as to the type of vehicle involved, the determination
of the authorized tow company assigned equipment needed to tow that
particular vehicle, shall be complied with by the Police Department
to the extent possible. "Car-carrier towing" will only be used or
called for where reasonably requested or required because of the special
kind of vehicle involved or because of other exceptional problems
or circumstances.
[Amended 6-14-2004 by Ord. No. 2004-9; 10-11-2011 by Ord. No. 2011-23]
Any tow company on the said Town's authorized
tow list which fails to adhere to or comply with these rules and regulations
or with the pertinent ordinances, or which shall violate or breach
the same, shall be subject to removal or suspension from the Town's
authorized tow list by the Mayor of the Town of Johnston or his designee,
with cause.
In the event of the disposal of a vehicle, by
owner to the owner of tow company, said tow company shall notify the
Johnston Police Department towing company liaison officer immediately
and follow up with documentary confirmation within seven days.
