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HomeMy WebLinkAboutORD606ORDINANCE NO.606 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION,ARIZONA,TOWING SERVICE POLICIES AS DECLARED PUBLIC RECORD BY RESOLUTION NO.87-60;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That certain document entitled City of Apache Junction,Arizona,Towing Service Policies,three copies of which are on file with the office of the City Clerk,and which has been made a public record by the adoption of Resolution No.87-60,i s hereby adopted as i f fully set forth in this ordinance. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances i n conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by any court of com- petent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 15TH DAY OF DECEMBER ,1987. SIGNED AND ATTESTED TO THIS 28TH DAY OF DECEMBER ,1987. ORDINANCE NO.606 PAGE ONE OF TWO NORMAN S.HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DA1-151e AWX-AN City Attorney ORDINANCE NO.606 PAGE TWO OF TWO 1:3TY. CLERK'S OFFICE s ) Copy DO NOT REMOVE City of Apache Junction Towing Service Policies - Page 1 INFORMATION The following rules,regulations and requirements shall govern the removal o f wrecked vehicles from accident scenes,vehicles which constitute traffic hazards and vehicles that might be evidence o f a crime o r any other vehicle i n accordance with any ordinance o f the City o f A.J.I t I s understood that the person(s)involved i n the accident(s)have the options o f (1)utilizing the wrecker rotation list,(2)using the services o f any other towing operator,or (3)using any other form o f tow service.All towing companies wishing to remain on the present wrecker rotation list shall complete the City of A.J.Police Department form entitled "Wrecker Rotation List Application".Any violation o f any o f the following rules,regulations or requirements shall be grounds for removal from the City of A.J.Department wrecker rotation list.Removal shall be a t the discre- tion o f the Chief o f Police. INSPECTION The City of A.J.'Police Department shall have the right to inspect and investigate the reputation,facilities and equipment o f any company wishing to apply for or remain on the A.g.Police Department Wrecker Rotation List.I f i t i s determined that the facilities,reputa- tion or equipment does not meet acceptable standards, then the Avs1J.Police Department shall have the right to deny any application to be placed upon the rotation list o r remove anyone which had previously been placed on said l i st . COMPLIANCE WITH LAWS,RULES AND REGULATIONS All companies comprising the rotation list shall comply with all of the requirements of the laws of the State o f Arizona and all o f the rules and regulations regarding tow truck operations promulgated b y the Arizona Depart- ment o f Public Safety )and a l l ordinances and regulations of the City of Apache Junction. IDENTIFICATION All list companies shall have the company name painted i n three (3)inch minimum letters on the sides o f all o f their wreckers and shall display the Arizona Department o f Public Safety inspection seal.Further,all wrecker drivers shall carry business cards in order that the A.J.Police Department may give said cards to the owner or driver o f the towed vehicle. City o f Apache Junction Towing Service Policies -Page 2 •-EQUIPMENT All wreckers t o b e used b y li s t companies shall b e equipped with their proper implement o f dollies ,chains, slings,bumpers and other equipment necessary t o prevent damage t o towed vehicles.They must b e equipped with brooms,shovels,sand and other necessary equipment t o clean u p accident scenes.All lis t wreckers shall have a two way radio system with 24 hours dispatching. FACILITIES Storage f a c i l i t i e s must be located within the A.J.c i t y limits and meet all o f the City o f A..J.zoning requirements.Proof o f compliance with City o f A.J. zoning requirements shall be accomplished b y the company providing the A.J.Police Department with a written statement from the City Planning and Zoning Department indicating that their storage f a c il i t i e s d o so comply. Such written statement shall b e provided prior t o any company being placed on the rotation l i s t .Storage locations shall b e o n record with the A.J.Police Department.Vehicles shall not b e stored a t any loca- tion other than the tow company's place o f business o r a lot owned o r leased for use b y the company.The tow company shall provide a fenced storage area with a secure fence a t least six (6)feet i n height.Storage area shall b e l i t with a t least one half watt o f elec- tr ic al light for each square foot o f storage area.The fenced storage area shall b e locked when unattended. The lis't company shall b e responsible for the safekeep- ing of vehicles towed and for items left in stored vehi- cles. PERSONNEL All list companies shall have available sufficient qual- ified personnel for the operation o f their wreckers and each driver shall have a current chauffeur's license issued b y the State o f Arizona.All drivers shall oper- ate the wreckers i n a safe and prudent manner and shall refrain from using profane and vulgar language in a public area while performing work as a list company. Further,drivers,owners or operators of list companies shall not solicit or suggest a repair facility to the owner o r driver o f a damaged vehicle.Additional ly, each driver shall wear a safety vest a t anytime they are i n a roadway,including when hooking up vehicles to b e towed and when cleaning debris from the scene. City o f Apache Junction Towing Service Policies -Page 3 STORAGE Vehicles shall be taken directly to the tow company's storage facility unless the wrecker driver i s advised differently b y the A.J.Police Department or the owner or driver o f the vehicles.Vehicles shall not be removed from the initial storage yard for a period o f ten (10)calendar days unless i t i s requested by the owner o r authorized agent to be moved to another desig- nated location.I f after a period o f ten (10)calendar days,instructions have not been received from an owner or authorized agent,the company may remove the vehicles to an alternate storage lot that also meets the afore- mentioned security requirements.Such alternate storage lot,i f any,shall be located within the corporate limr its o f the City o f A.J.I f an alternate lot i s uti- lized,this removal shall be a t no charae. AVAILABILITY All l ist companies shall have a person on the premises o f their vehicle storage facility during normal business .hours for the purpose o f vehicle release or appraisal. "Normal business hours"are defined as 8 a.m.to 5 p.m. except Saturdays,Sundays and the following holidays: New Years Day,President's Day,Memorial Day,Indepen- dence Day,Labor Day,Thanksgiving and the Friday after- ward and Christmas"Day.At all other times the company shall have a telephone number prominently posted on the storage location for after hour release o f vehicles. List companies are required to provide towing services 24 hours a day and every calendar day o f the year.List companies shall not de.signate or send another tow compa- ny to substitute for them on their turn.List companies shall be prepared to respond or shall ask to be passed, giving a legitimate reason why they are not able to respond to the call. RESPONSE Upon receiving a request for towing service,the list company shall be responsible for dispatching their own truck.Response time from the time of receiving the request from the A.J.Police Department shall not be more than fifteen(15)minutes for arrival at the site designated b y said request.This response time does not give o r imply any permission for any driver o f a list company wrecker to violate any law or ordinance.I n the event that a list wrecker i s notified by a A.J. City of Apache Junction Towing Service Policies,- Page 4 dispatcher to respond for tow service,and for some reason cannot do so,i t shall be the responsibility o f the tow company to notify the A .J .dispatcher within ten minutes o f their intention to "pass".No list wrecker shall "pass"more than 25%o f the calls for service within any calendar month,unless prior arrangements for extended "passing"have been made through the Apache Junction Police Department. REPORTING A list wrecker member shall not release any vehicle impounded by the A.j.Police Department without author- ization from the A.J.Police Department.!n all cases o f vehicle releases,the list company i s solely respon- sible for determining that the vehicle i s released to the owner o r authorized agent. LICENSING List companies shall maintain current state and city licenses for the operation of its business within the City o f Apache Junction. RECORDS Each list company shill mairitarn -a —recOrd for each Vehi - cle towed pursuant to the rotation list which shall show the following: a .Location o f where the vehicle was picked up b .Location o f where the vehicle was taken C.'The date and time of the pick up d .The date and time o f release e .Make,model and year o f the vehicle f .License plate number and state o f issue g •Vehicle identification number h .Name o f individual that vehicle was released to City o f Apache Junction Towing Service Policies -Page 5 SITE CLEANUP The li s t company shall b e responsible for the cleanup o f debris a t the scene o f accidents investigated b y the A.J.Police Department and t o which they have responded. CANCELLATION OF TOW SERVICE After a l i s t company has received a request for towing service,such a request may b e cancelled a t any time b y the A.J.Police Department o r the owner o r the author- ized agent o f the owner o f the vehicle requested t o b e towed.I f such request for cancellation i s made prior t o any portion o f the wrecker's equipment being physi- cally attached t o the vehicle t o be towed,then the l i s t company shall not charge anyone for service.I f this request i s made subsequent t o any portion o f the wrecker being physical l y attached t o the vehicle t o be towed, then the l i s t company shall b e allowed t o charae for service even i f for any reason said vehicle i s not actu- ally towed. ORDER OF ROTATION When the A.J.Police Department o r an owner o r driver o f a vehicle -needs a wrecker and n o preferences -expretted b y the owner o r driver o f a vehicle,the wrecker t o b e called will be the one a t the top o f the rotation l i st . I f a driver o r owner requests a specific tow company to tow their vehicle,that tow company will be contacted. A specific request call will not be classed as a rota- tion list turn. POLICE DEPARTMENT TOWS In cases where a vehicle has been impounded by the ,k.j . Police Department and towed to the Police Department o r City o f A.J.storage lot,a l i s t wrecker shall be used. When a vehicle I s subsequently released b y the Police Department and needs to be towed to storage facili ty, the original wrecker company will be utilized.This second tow will not be classed as a rotation list turn. CHOICE OF TOW I f more than one vehicle i s to be towed from the scene o f the accident by list companies,the f i r s t wrecker arriving a t the scene shall be given the choice as to which vehicle i t desires to tow. City o f Apache Junction Towing Service Policies -Page 6 RESPONSE WITHOUT TOW All list companies may be returned to the top of the rotation li st ,a t their request,i f they respond for service and do not get to tow through no fault o f their own.This request may be made to the A.J.Police Department communications supervisor via telephone. OFFICER AUTHORITY Investigating officers i n the field or their sergeants shall make all decisions i n relation to towing o f vehi- cles i n accordance with the rotation list system.Argu- ments or heated discussions i n the field will not be tolerated.I f a list company wishes to protest any field decision,they may contact the Police Department Patrol 'Lieutenant a t police headquarters between the hours o f 8 a.m.and 5 p.m.Mondays thru Fridays a t 982-8260. INSURANCE List companies shall procure and maintain while on the rotation list such public liabi lity and property damage insurance,both general and automotive li abil it y,as shall protect i t and the City of A.J.from all claims for bodily injury,including accidental death,as wel l as for property damage arising from operations pursuant to the rotation list whether such operations be by the list company or by anyone directly or indirectly employed by'the list company.The minimum coverage for bodily injury shall be not less than $1,000,000 and not less than $25,000 for property damage.The list compa- nies shall also procure and maintain in full force and effect during the term that he is on the rotation list, fire,theft and vandalism coverage.All of such poli- cies shall name the City o f A .J .as an additional insured and all o f such policies shall require the insurance company involved to notify the A.J.Police Department a t least thirty(30)days prior to the expira- tion or any cancellation o f the required policies,and the list company must furnish the City with the cer t i f i - cate of insurance with respect to all such policies naming the City o f A.J.as an additional insured. INDEMNIFY AND HOLD HARMLESS List companies shall indemnify the City o f A.J.and hold i t harmless against (1)any and all losses and li abi l i t y City of Apache Junction Towing Service Policies - Page 7 for personal injury,death or property damage arising out of,o r as a consequence of,any work performed under the rotation list;(2)any and all expenses related to claims o r lawsuits resulting from the above,including court costs and attorney fees;and (3)any and all pen- alties and damages incurred by reason of the l ist compa- ny's failure to obtain any permit or license under,o r comply with any applicable law,ordinance or regulation. CRIMINAL RECORD Owner or operators o f list companies,or any person holding more than 10%o f the stock o f any incorporated list company,shall not have been convicted o f any felo- n y offense within the five year period immediately prior to the date o f being accepted as a list company b y the A.J.Police Department. APPLICATION DATE All list companies shall immediately give written notice to the A.J.Police Department a t such time as any infor- mation contained i n their Wrecker Rotation List Appl ica- tion changes. NUMBER OF LIST COMPANIES The A;J.Police Department shall maintain approximately one (1)list company for each 5,000 population o f the City o f A. J .3 5 determined by the City Planning Depart- ment.' AMENDMENT TO RULES -MANDATORY MEETINGS List companies shall be required to attend alternate monthly meetings,comprised of list tow company operators,and authorized representative of the A.J.Police Department. The schedule for such meetings shall b e determined on a n annual basis b y the Apache Junction Police Department. If any tow company operator misses two (2)consecutive meet- ings -,that tow company will be removed from the list,i f the absences are without just cause. The purpose of this meeting is to provide an opportunity for both theA.J.Police Department and the tow operators to discuss any problems,and to make suggestions for corrections o r improve- ments to specific problems which pertain to the total operation of the rotation system. City of Apache Junction Towing Service Policies - Page 8 The above stated rules, regulations and requirements have been adopted by the Apache Junction City Council by Resolution No. 87-60 and Ordinance No. 606 on December 15, 1987. Any amendments to this policy shall be through the Apache Junction City Council public hearing process as required by law. Any and all such amendments shall be provided to each company listed on the Apache Junction Towing Service List at the address contained on said company's application. INSTRUCTIONS To apply for placement on any or all of the Police Department tow lists (Light Duty,Medium Duty,Heavy Duty),please complete the following steps. 1.Provide a copy of "your current insurance policy showing the coverage Indicated . 2.Provide a list of all towing services provided by your company and corresponding costs to be good through June 30,1988.•Be sure to indicate prices for day (6:00 am to 6:00 pm)and night (6:01 pm to 5:59 am). inside and outside storage,release of vehicles during non -business hours, winching,hook-up,standby,battery charging or jump starting,etc. Although mileage cna ges are to be included in the basic tow charge for in -city calls,be sure to include mileage charges in case of City related .- towing services needs outside of the City limits.Charges relating to . towing services not included on the price list,cannot be added to any bills until the next price list is prepared for July 1,1988 3.Complete and return the encloed forms on each tow truck to be used in responding to Police Department calls. 4:Provide a sample copy of the towing invoice set forth 5.Attach the above items to a letter on your company's stationary requesting placement on the towing list(s) that is signed by.. an authorized officer of your company. 6.The items referred to in Instructions 1,2,3,4,and 5 must arrive at the City of Apache Junction,Department of Public SafeV,1001 N.Idaho., Road,Apache Junction,Arizona,85219. Name o f Owner: CITY OF APACHE JUNCTION Tow Truck.Information Name of Business: Address of Business: Address of Storage Yard: 24 -Hour Phone Number: TOW TRUCK:I Make:•Year: License:State: •Wrecker Class:L -M -H D.P.S.Inspection No::Date of Inspection: City of Apache Jct.Business License No::Expiration Date: EQUIPMENT:TO INCLUDE Dollies Jack Stand Broom Sand Waste Receptacle Shovel Signature: Owner or Representative Unit Prices: 1.Item No.1:Unit price per tow.• Basic call fee and hookup to include any mileage charges. Day Night (6:00 a.m -6:00 p.m.)(6:01 p.m.-5:59 a.m.) Heavy Duty :Medium Duty t Light Duty 2:Item No.2:Unit price for extras: Dollie:•per dollie Bumper Removal:per bumper Driveline:per driveline Winching:per hour Standby:per hour Helper:per hour Clean-up:$per hour Others:per hour (Labor,flagman,securing,etc.) 3.Item No.3:Unit prices for storage per day: •Inside building $ Fenced area:$ Trailer: Tractor: Opening lot: (Other than business hours) Other (specify):$ MY FEES ARE: I .Hook up:a.Day II.My Mileage.Charge is: 1 III.I Charge Mileage: IV.Dolly Charge: b.Evening $ c.After Midnight $ a.Day $ b.Evening $ c.After Midnight $ a.Both ways b.One way c.Other (explain) a.Days $ b.Evenings $ c.After Midnight $ d.Plus $per mile. e.No mileage charge for dollys V.Charge for Hook-up Weekends and HoTidays: a. Days b.Evenings $ c.After Midnight $ d.No extra charge for weekends &holidays VI.Charge to Release Vehicles: a.Week day $ b.Week evenings $ c.Week/after midnight $ d.Weekends day $ e.Weekend evenings $ f.Weekends after midnight $ -.9.Holidays:(1)Days $ (2)Evenings $ • (3)After Midnight $ VII.I Charge $.per day storage. VIII.My Winch time charge is $per hour a.Days $ b.Evenings $ d.After Midnight $ IX.I charge $for Get -Ready or Set -Up Time. X.I Charge $Stand -By Time. Business Owner's Signature:Date DENIALS,SUSPENSIONS,REMOVALS The City of Apache Jct.reserves the right to deny listing a tow company, suspend i t from the list(s),or remove i t entirely from the lists.The following is a partial list of examples that may result in such action: 1.FOlure to domply with the towing requirements above. 2.Engagement in illegal or unethical practices. 3.Causing undue problems for the citizens,Police Department or City. 4.Actions not in the best interest of the citizen,Police Department or City. 5.Failure to clean the scene of an accident. 6.Jumping tow calls. 7.Poor safety practices. Area. Designation:. 1.All streets,highways,roadways,alleys,parking lots,right-of- ways,public and private property within the corporate limits of the City of Apache Junction. This .is to certify that I have read and will comply with all the terms of these policies. Signed by: Name: Title: Company name: Company address: Company phone number: Storage area address: Storage area phone number;