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HomeMy WebLinkAboutORD885ORDINANCE NO.885 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.94-01;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 Aoache 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.94-01, is hereby adopted as if fully set forth in this ordinance. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed.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,phrase,clause 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 the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARATION OF EMERGENCY It 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 be effective immediately upon passage and adoption. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 15TH DAY OF FEBRUARY ,1994. SIGNED AND ATTESTED TO THIS 16TH DAY OF FEBRUARY ,1994. ORDINANCE NO.885 PAGE 1 OF 2 d4v JEW PERKINS Mthior ATTEST: / d & L A Z KATHLEEN CONNELLY City Clerk ORDINANCE NO.885 PAGE 2 OF 2 CITY OF APACHE JUNCTION TOWING SERVICE POLICIES ADOPTED BY ORDINANCE NO. 885 FEBRUARY 15, 1994 TABLE OF CONTENTS Section 1 . . . . . . . . . . . . . .Definitions Section 2 . . . . . . . . . . . . . .Information Section 3 . . . . . . . . . . . . . .Inspection Section 4 . . . . . . . . . . . . . .Compliance With Laws, Rules and Regulations Section 5 . . . . . . . . . . . . . .Identification Section 6 . . . . . . . . . . . . . .Equipment Section 7 . . . . . . . . . . . . . .Storage Facilities Section 8 . . . . . . . . . . . . . .Personnel Section 9 . . . . . . . . . . . . . .Vehicle Storage Section 10 . . . . . . . . . . . . .Availability Section 11 . . . . . . . . . . . . .Response Section 12 . . . . . . . . . . . . .Reporting Section 13 . . . . . . . . . . . . .Licensing Section 14 . . . . . . . . . . . . .Residency Section 15 . . . . . . . . . . . . .Records Section 16 . . . . . . . . . . . . .Site Cleanup Section 17 . . . . . . . . . . . . .Cancellation of Tow Service Section 18 . . . . . . . . . . . . .Order of Rotation Section 19 . . . . . . . . . . . . .Police Department Tows Section 20 . . . . . . . . . . . . .Choice of Tow Section 21 . . . . . . . . . . . . .Response Without Tow Section 22 . . . . . . . . . . . . .Officer Authority Section 23 . . . . . . . . . . . . .Insurance Section 24 . . . . . . . . . . . . .Indemnify and Hold Harmless Section 25 . . . . . . . . . . . . .Criminal Record Section 26 . . . . . . . . . . . . .Application Date Section 27 . . . . . . . . . . . . .List Companies Section 28 . . . . . . . . . . . . .Mandatory Meetings Section 29 . . . . . . . . . . . . .Amendments to these Policies 2 of 10 SECTION 1.DEFINITIONS 1."Accident recovery work" means the towing or removal of a vehicle involved in an accident upon any highway or roadway and is damaged to the extent that an investigation by a law enforcement agency is required. 2."Administrative Code" means the Administrative Code of the State of Arizona Department of Public Safety Tow Trucks and as may hereafter be amended. 3."Chief of Police" means the Chief of Police/Director of Public Safety for the City of Apache Junction. 4."City" means the City of Apache Junction. 5."Police Department" means the Apache Junction Police Department. 6."Reputation" means the professional performance work history and background of the tow service company owner, manager, and/or driver. 7."Storage facility" means the storage facilities as referenced in these policies. 8."Tow truck" means a motor vehicle which is altered or designed for, and used in the business of towing vehicles by means of a flat bed or other specially designed truck that is equipped with a tow sling, tow bar, tow plate or wheel lift apparatus, attached to the rear of the truck;or a crane or hoist that is attached to the bed or frame of the tow truck.Wrecker, garage tow truck, and slide back or roll back car carriers are synonymous and shall be termed "Tow Truck." 9."Towing service"means the transportation upon the public streets and highways of the City of Apache Junction and the State of Arizona of damaged, disabled,unattended or abandoned vehicles together with personal effects and/or cargo by tow trucks.Wrecker service, tow car service, and garage tow truck service are synonymous and shall be termed "Towing Service." 10."Wrecker Rotation List" means the City of Apache Junction Wrecker Rotation List. SECTION 2.INFORMATION The following rules, regulations and requirements shall govern the removal of wrecked vehicles from accident scenes, vehicles which constitute traffic hazards and vehicles that might be evidence of a crime or any other vehicle in accordance with any ordinance of the City. 3 of 10 It is understood that the person(s) involved in the accident(s) have the options of (1) utilizing the wrecker rotation list, (2) using the services of any other towing operator, or (3) using any other form of tow service, unless the Police Department believes that a hazardous situation or condition exists or may develop. All towing companies wishing to remain on the present wrecker rotation list shall complete the City of Apache Junction Police Department form entitled "Wrecker Rotation List Application."Any violation of any of the following rules, regulations or requirements shall be grounds for removal from the wrecker rotation list.Removal shall be at the discretion of the Chief of Police. SECTION 3.INSPECTION The Police Department shall have the right to inspect and investigate the performance, reputation, facilities and equipment of any company wishing to apply for or remain on the wrecker rotation list.If it is determined that the facilities, reputation or equipment does not meet acceptable standards, then the Police Department shall have the right to deny any application to be placed upon the rotation list or remove anyone which had previously been placed on said list. SECTION 4.COMPLIANCE WITH LAWS, RULES AND REGULATIONS All companies comprising the wrecker rotation list shall comply with all of the requirements of the laws of the State of Arizona; and all of the rules and regulations regarding tow truck operations promulgated by the Arizona Department of Public Safety under the Administrative Code of the State of Arizona, Department of Public Safety Tow Trucks and as may hereafter be amended;and all ordinances and regulations of the City of Apache Junction. SECTION 5.IDENTIFICATION All list companies shall have the company name painted in three-inch (3") minimum letters on the sides of all of their wreckers and shall display the Arizona Department of Public Safety inspection seal.Further, all wrecker drivers shall carry business cards in order that the Police Department may give said cards to the owner or driver of the towed vehicle. SECTION 6.EQUIPMENT All wreckers to be used by list companies shall be equipped with their proper implement of dollies,chains,slings,bumpers and other equipment necessary to prevent damage to towed vehicles.They must be equipped with brooms, shovels, sand and other necessary equipment to clean up accident scenes.All list wreckers shall have a two-way radio system with 24 hours dispatching.All list companies shall 4 of 10 have available the minimum of a medium duty wrecker and a lift or some type of rollback wrecker.All list companies shall keep, within the city limits, the equipment and wrecker required under these policies unless such equipment is undergoing repairs or has been called to a location outside the city.All wreckers used by list companies shall be in compliance with the specifications as found in the Administrative Code. In the event a rotation list wrecker cannot complete a request due to inadequate equipment or driver lack of experience, the Police Department may contact any other available service to complete such request. SECTION 7.STORAGE FACILITIES Storage facilities shall be located within the city limits and meet all City zoning requirements.Proof of compliance with City zoning requirements shall be accomplished by the company providing the Police Department with a written statement from the City Planning and Zoning Department indicating that their storage facilities do so comply.Such written statement shall be provided prior to any company being placed on the rotation list.Storage locations shall be on record with the Police Department.Vehicles shall not be stored at any location other than the tow company's place of business or a lot owned or leased for use by the company.The tow company shall provide a fenced storage area with a secure fence at least six feet (6') in height.Storage area shall be lit with at least one-half watt of electrical light for each square foot of storage area.The fenced storage area shall be locked when unattended.The list company shall be responsible for the safekeeping of vehicles towed and for items left in stored vehicles. SECTION 8.PERSONNEL All list companies shall have available sufficient qualified personnel for the operation of their wreckers and each driver shall have a current chauffeur's license issued by the State of Arizona.All drivers shall operate the wreckers in 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 or driver of a damaged vehicle.Additionally, each driver shall wear a safety vest at anytime they are in a roadway, including when hooking up vehicles to be towed and when cleaning debris from the scene.All personnel shall meet the qualifications as set forth in the Administrative Code. All owners shall have a minimum of three (3) years experience in the operation of a towing service and all drivers shall have a minimum of three (3)years towing experience.References shall be given to the Police Department and information must be confirmed.A complete background check of all owners, managers, and employees shall be conducted by the Police Department. 5 of 10 A Tow Company Review Committee consisting of such persons or staff as may be designated by the Chief of Police pursuant to a general order and in a form that will create the least liability for the City,will review all information submitted and formulate a recommendation to the Chief of Police. SECTION 9.VEHICLES STORAGE Vehicles shall be taken directly to the tow company's storage facility unless the wrecker driver is advised differently by the Police Department or the owner or driver of the vehicles.Vehicles shall not be removed from the initial storage yard for a period of ten (10) calendar days unless it is requested by the owner or authorized agent to be moved to another designated location.If after a period of 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 aforementioned security requirements.Such alternate storage lot,if any, shall be located within the city limits.If an alternate lot is utilized, this removal shall be at no charge. SECTION 10.AVAILABILITY All list companies shall have a person on the premises of their vehicle storage facility during normal business hours for the purpose of 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 Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday afterward and Christmas Day.At all other times, the company shall have a telephone number prominently posted on the storage location for after hour release of vehicles.List companies are required to provide towing services 24 hours a day and every calendar day of the year.List companies shall not designate or send another tow company to substitute for them on their turn.List companies shall be prepared to respond or shall ask to be passed and be able to give a legitimate reason in writing as to why they were unable to respond to the call. SECTION 11.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 Police Department shall not be more than fifteen minutes (15') for arrival at the site designated by said request.This response time does not give or imply any permission for any driver of a list company wrecker to violate any law or ordinance. In the event that a list wrecker is notified by a Police Department dispatcher to respond for tow service, and for some reason cannot do so, it shall be the responsibility of the tow company to notify the Police Department dispatcher within ten minutes (10') of their intention to "pass." 6 of 10 If a list company passes on more than one rotation call per year,the Police Department may request, in writing, the reason for the passes to determine if they were made with just cause.If it is found that the passes were made for unacceptable reasons, the Police Department may take action against the list company in violation in the form of removal from the Police Department's rotation list for up to ninety (90) consecutive days. If a list company is going to be unavailable to respond to a rotation call, that list company shall notify the Police Department of the dates and times it will be unavailable,as soon as possible.That list company shall also notify the Police Department upon its return to service. SECTION 12.REPORTING A list wrecker member shall not release any vehicle impounded by the Police Department without authorization from the Police Department.In all cases of vehicle releases, the list company is solely responsible for determining that the vehicle is released to the owner or authorized agent. SECTION 13.LICENSING List companies shall maintain current state and city licenses for the operation of its business within the City.State licenses shall be those as required by the Administrative Code.City licenses shall be those as required by the City Code.All list companies shall have been a licensed city business for a minimum of six months prior to being placed on the list. SECTION 14.RESIDENCY The owners and/or manager of any company on the wrecker rotation list shall be a city resident. SECTION 15.RECORDS Each list company shall maintain a record for each vehicle towed pursuant to the rotation list which shall show the following: a.Location of where the vehicle was picked up b.Location of where the vehicle was taken c.The date and time of the pick up d.The date and time of release e.Make, model and year of the vehicle f.License plate number and state of issue 9.Vehicle identification number 7 of 10 h.Name of individual that vehicle was released to SECTION 16.SITE CLEANUP The list company shall be responsible for the cleanup of the debris at the scene of accidents investigated by the Police Department and to which they have responded. SECTION 17.CANCELLATION OF TOW SERVICE After a list company has received a request for towing service, such a request may be cancelled at any time by the Police Department or the owner or the authorized agent of the owner of the vehicle requested to be towed,unless the Police Department believes that a hazardous situation or condition exists or may develop by the cancellation.If such request for cancellation is made prior to any portion of the wrecker's equipment being physically attached to the vehicle to be towed, then the list company shall not charge anyone for service.If this request is made subsequent to any portion of the wrecker being physically attached to the vehicle to be towed, then the list company shall be allowed to charge for service even if for any reason said vehicle is not actually towed. SECTION 18.ORDER OF ROTATION When the Police Department or an owner or driver of a vehicle needs a wrecker and no preference is expressed by the owner or driver of a vehicle, the wrecker to be called will be the one at the top of the rotation list.If a driver or owner requests a specific tow company to tow their vehicle,that tow company will be contacted, unless the officer believes that by honoring the request, the vehicle to be towed may contribute to a hazardous situation, or if the vehicle is to be held or impounded by the Police Department.In any event, the requested tow company shall comply with the response time set forth for rotation companies.A specific request call will not be classed as a rotation list turn. The cost for the specific request tow shall be billed directly to the driver or owner of the towed vehicle and shall not be a charge against the City. SECTION 19.POLICE DEPARTMENT TOWS In cases where a vehicle has been impounded by the Police Department and towed to the Police Department or City storage lot, a list wrecker shall be used.When a vehicle is subsequently released by the Police Department and needs to be towed to a storage facility, the original wrecker company will be utilized.This second tow will not be classed as a rotation list turn. 8 of 10 SECTION 20.CHOICE OF TOW If more than one vehicle is to be towed from the scene of the accident by list companies, the tow company on the top of the rotation list will be given the choice of tow.If a hazardous situation exists, the first tow company to arrive at the scene shall,at the Police Department's direction,remove any vehicle(s)constituting or contributing to the hazard.When the hazard has been eliminated, the tow company on the top of the rotation list will still retain first choice.Refusal of the tow will result in automatic elimination from the tow list. SECTION 21.RESPONSE WITHOUT TOW All list companies may be returned to the top of the rotation list, at their request, if they respond for service and do not get to tow through no fault of their own.This request may be made to the Police Department communications supervisor via telephone. SECTION 22.OFFICER AUTHORITY Investigating officers in the field or their sergeants shall make all decisions in relation to towing of vehicles in accordance with the rotation list system.Arguments or heated discussions in the field will not be tolerated.If a list company wishes to protest any field decision, they may contact the Police Department Patrol Commander at police headquarters between the hours of 8 a.m. and 5 p.m., Mondays through Fridays at 982-8260. SECTION 23.INSURANCE List companies shall procure and maintain while on the rotation list such public liability and property damage insurance, both general and automotive liability, as shall protect it and the City from all claims for bodily injury, including accidental death, as well 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 companies 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 policies shall name the City as an additional insured and all of such policies shall require the insurance company involved to notify the Police Department at least thirty (30) days prior to the expiration or any cancellation of the required policies, and the list company must furnish the City with the certificate of insurance with respect to all such policies naming the City as an additional insured. 9 of 10 SECTION 24.INDEMNIFY AND HOLD HARMLESS List companies shall indemnify the City and hold it harmless against (1) any and all losses and liability for personal injury, death or property damage arising out of, or as a consequence of,any work performed under the rotation list;(2)any and all expenses related to claims or lawsuits resulting from the above, including court costs and attorney fees; and (3) any and all penalties and damages incurred by reason of the list company's failure to obtain any permit or license under,or comply with any applicable law, ordinance or regulation. SECTION 25.CRIMINAL RECORD Owners or operators of list companies or employees of list companies shall not have been convicted of any felony offense within the five-year period immediately prior to the date of being accepted as a list company by the Police Department. SECTION 26.APPLICATION DATE All list companies shall immediately give written notice to the Police Department at such time as any information contained in their Wrecker Rotation List Application changes. SECTION 27.LIST COMPANIES The Police Department shall maintain a wrecker rotation list which shall include the names of all tow service companies which meet all criteria established by these policies. SECTION 28.MANDATORY MEETINGS List companies shall be required to attend alternate quarterly meetings, comprised of list tow company operators, and authorized representatives of the Police Department. The schedule for such meetings shall be determined on an annual basis by the Police Department.If any tow company operator misses two (2) consecutive meetings, that tow company will be removed from the list, if the absences are without just cause. The purpose of this meeting is to provide an opportunity for both the Police Department and the tow operators to discuss any problems, and to make suggestions for corrections or improvements to specific problems which pertain to the total operation of the rotation system. SECTION 29.AMENDMENTS TO THESE POLICIES Any amendments to these policies shall be made by the Apache Junction City Council through a public hearing process as required by State law and City ordinance. 10 of 10