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HomeMy WebLinkAbout1976 Ordinance No. 030• • INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 30 , SERIES OF 1976 AN ORDINANCE AMENDING TITLE IX OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW CHAPTER THERETO, LICENSING AND REGULATING VEHICLE WRECKER OR TOWING SERVICE; PROVIDING FOR INVESTIGATION AND SU PERVISION BY THE CHIEF OF POLICE; SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRE- SCRI BING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLORADO, as follows: Section 1. The 1969 E.M.C. is hereby amended by adding a new chapter t o T itle IX, being Chapter 9, entitled "Wrecker and Towing Services 11 , which chapter reads as follows: · CHAPTER 9 WRECKER AND TOWING SERVICES 9-9-1: DEFINITIONS. (a) Wrecker. A wrecker is a person engaged in the business of, or offering the services of, a vehicle wrecker or towing service, whereby motor vehicles are, or may be, towed or otherwise removed from one place t o another by the use of a motor vehicle, adapted to, and designed for, that purpose. (b) License Officer. License Officer shall mean the Director of Finance, ex officio City Clerk. (c) Towing List. Towing list shall mean a l ist maintained by the Police Department containing the names of those wreckers licensed by the City of Englewood, who are to be requested by the Police Department to respond to the scene of accidents or emergencies involving vehicles . ·1- • • • (d) Operator. Operator shall mean any person operating a wrecker's towing vehicle. (e) Towing Vehicle. Towing vehicle shall mean any vehicle used by a wrecker for the towing or transporting of other vehicles (or other property) in the course of his business. 9-9-2: LICENSES. No wrecker shall have his name included on the towirglist of the City of Englewood, and be requested by the Police Department to respond to the scene of an accident or emergency, for the purpose of towing a vehicle, without first having obtained a license from the City License Officer. (a) Application for License. Any application for a wrecker's license, other than a renewal thereof, shall be accompanied by a non-re fundable application fee of Ten ($10.00) Dollars. All applications for licenses, including renewal, shall be made upon forms made available by the City License Officer. (b) Annual License Fee. The annual license fee for a wrecker shall be Fifty ($50.00) Dollars per annum. (c) Standards of Issuance and Renewal. Upon receipt of a license application and application fee from a person seeking a wrecker's license in the City of Englewood, the City License Officer shall forward said application to the Chief of Police, who shall conduct such investigation as is necessary to deter- mine: i. That the applicant is a fit and proper person to conduct or work in the proposed business, and has not been convicted of theft or .embezzlement, or any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person, or if the applicant is a corporation, that its officers, directors and principal stockholders are of good character and of good business repute,and have not been convicted of theft or embezzlement, or any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person; and -2- • • • • ii. That the applicant has received and has currently in force a permit to operate as a towing carrier from the Colorado Public Utilities Commission. The failure of a wrecker to maintain a valid permit from the Public Utilities Commis- sion shall be grounds for denial of a license, or if a license shall be in effect at the time, shall be grounds for revocation or suspension of said license as hereinafter provided: and iii. That the wrecker has adequate, safe equipment, and an adequate record keeping system, and can otherwise comply with the rules and reg- ulations promulgated by the Chief of Police as hereinafter provided: and iv. That the wrecker has currently in force public liability and property damage insurance, or surety bond,providing coverage sufficient to meet the requirements of the rules and regulations of the Colorado Public Utiliti s Conunission governing towing carriers. (d) Issuance. The Chief of Police shall within fifteen (15) days return to the City License Officer the application form, together with his recommendation for the granting or denial of the license. Should the recommendation be for denial of the license, the Chief of Police shall state the reasons for such recommendation. The City Licensing Officer shall then grant or deny the license as the circumstances warrant. (e) It shall be grounds for denial or suspension or revocation of a license as a wrecker, for any person to knowingly provide false information to the City License Officer, or to the Chief of Police in, or in conjunction with, an application for a license. (f) The Chief of Police may permit wreckers not licensed by the City to be called by the Police Department to the scene of disasters, accidents or other emergencies when, in the opinion of the Chief of Police, the public health, safety and welfare require that such action be taken. -3- J • • 9-9-3: RULES AND REGULATIONS GOVERNING WRECKERS. The Chief of Police shall, within thirty (30) days after final publication of this ordinance, set forth in writing such rules and regulations governing the conduct of wreckers as are deemed necessary to ensure the inhabitants of, and other persons within this City, safe, efficient and dependable wrecker and towing service. These rules shall include, but not be limited to, the following: (a} Equipment. The Chief of Police shall specify equipment at least the equivalent of that required by the rules and regulations of the Colorado Public Utilities Commission governing towing carriers, and such other necessary equipment as determined by the said Chief of Police. (b) Records. The Chief of Police shall require the keeping of suff i c ient records to en ~c e compliance with the terms of this ordinance and said rules and regulations as promulgated. (c) Personnel. The rules shall specify such steps as are necessary to determine that the operators and employees of the wrecker are of good character, and otherwise fit to participate in towing operations within the ~ity. (d) Rates. A schedule of reasonable rates, for vehicles 10,000 pounds and under, to be charged by wreckers operating on the City's towing list, shall be established by the City Manager, or his designee, or designees, as approved by the City Council, and it shall be unlawful for any wrecker to charge rates other than those set forth in said schedule whenever such wreckers shall provide towing service in response to a call from the Police Department. The schedule of rates shall be set forth as a part of the rules and regulations governing wreckers. The City Manager, his designee, or desiqnees, shall annually review the rate schedule to determine its adequacy and appropriate- n es s, and shall mak e such c hanges as the Council shall deem necessary and authorize. In setting or revising rates the Council shall give consideration to the rates charged for similar services in the greater Denver metro- politan area. The annual rate survey shall include at least three (3) cities , other than the City of Englewood, -4- : • • in the Denver metropolitan area. The rate schedule, as set forth in the rule• and regulations, shall not apply to towing services conducted by a wrecker when his services are not requested by the Police Department. (e) The Chief of Police shall promulgate such other rules and regulations as are necessary to effectuate the p~rposes of this ordinance. 9-9-4: SUSPENSION AND REVOCATION OF LICENSE. (a) Upon a showing that a wrecker has violated the provisions of this ordinance, or the rules and regulations provided for herein, the City License Officer may suspend for a period of up to six (6) months, or revoke the license of any wrecker. Except as provided in subsection (d) of this Section 9-9-4, such suspension, or revocation, shall not take effect for a period of ten (10) days f o l lowing service upon the wrecker o f notice of suspension or revocation, which notice shall specify the reasons for which the action is being t aken. (b) Service of said notice shall be by p e rsonal service upon the wrecker, or his agent, or by registered or certified mail, return receipt requested, sent to the business address of said wrecker as shown on his license. (c) Hearing. Upon receipt of a notice of suspension or revocation, a wrecker may request a hearing before the City License Officer. Such request shall be in writing to the City License Officer, and be made within seven (7) days of receipt of the notice. The licensee,at such hearing, shall have a right to be represented by counsel, to present evidence in his own behalf, and cross-examine witnesses presented against him. Upon conclusion of the hearing, the City License Officer shall take the matter under adviseme.nt,and shall issue a written opinion and decision within ten (10) days. No action shall be taken against the license of the wrecker during the pendency of such proceedings. -5- • (d) T~e City ~icense Officer may issue a suspension order effective inunediately upon service of notice of said euspension upon a wrecker when the City License Officer determines that the public health, safety and welfare require such inunediate action, and in conjunction with the issuance and service of a notice as provided for in subsections (a) and (b) of this Section 9-9-4. Any such notice shall state that the suspension shall be effective immediately upon service of the notice, and shall advise the wrecker of his right to a hearing under the provisions of this subsection (d) and subsection (c) of this Section 9-9-4. 9-9-5: TOWING AUTHORIZATION. No wrecker licensed by the City of Englewood, and no person engaged in the business of towing vehicles, shall conun e nce or originate the towing of a vehicle within the City of Englewood without the written consent of the registered owner, legal owner, person in control, driver, or the authorized agent of any of them, or other person having a legal right to possession of the vehicle, or from a police officer, save and except under the following circumstances: (a) A tow which is otherwise lawful may be commenced or originated by a person engaged in the business of towing vehicles if such person shall first notify the Police Department of the City of Englewood. Such notification shall include a description of the v eh icle to be towed, the time of the tow, the destina- tion of the tow, and the reason for which the vehicle i s being towed. (b) The owner, or person in lawful possession of private property, or the agent, or employee of either of them, may have a parked vehicle towed from such property when the vehicle is parked in violation of the terms of Chapter 5, Title XIV, entitled Abandoned Vehicles, of the 1969 Englewood Municipal Code. Any person conducting the tow of such a vehicle shall first comply with the requirements of s ubsection (a) of this Section 9-9-5 relating to notification of the Police Department of the City of Englewood . -6- • • • (d) T~e City ~icense Officer may issue a suspension order effective inunediately upon service of notice of said euspension upon a wrecker when the City License Officer determines that the public health, safety and welfare require such inunediate action, and in conjunction with the issuance and service of a notice as provided for in subsections {a) and (b) of this Section 9-9-4. Any such notice shall state that the suspension shall be effective immediately upon service of the notice, and shall advise the wrecker of his right to a hearing under the provisions of this subsection (d) and subsection (c) of this Section 9-9-4. 9-9-5: TOWING AUTHORIZATION. No wrecker licensed by the City of Englewood, and no person engaged in the business of towing vehicles, shall conunence or originate the towing of a vehicle within the City of Englewood without the written consent of the registered owner, legal owner, person in control, driver, or the authorized agent of any of them, or other person having a legal right to possession of the vehicle, or from a police officer, save and except under the following circumstances: (a) A tow which is otherwise lawful may be commenced or originated by a person engaged in the business of towing vehicles if such person shall first notify the Police Department of the City of Englewood. Such notification shall include a description of the vehicle to be towed, the time of the tow, the destina- tion of the tow, and the reason for which the vehicle is being towed. {b) The owner,or person in lawful possession of private property, or the agent, or employee of either of them, may have a parked vehicle towed from such property when the vehicle is parked in violation of the terms of Chapter 5, Title XIV, entitled Abandoned Vehicles, of the 1969 Englewood Municipal Code. Any person conducting the tow of such a vehicle shall first comply with the requirements of subsection (a) of this Section 9-9-5 relating to notification of the Pollce Department of the City of Englewood • -6- Introduce d, read i n full and passed on first reading on the 7 th day of June, 1976. Published as a Bill for an Ordinance on the 9th day of June, 1 976. Read by title and passed on final reading on the 6th day of July, 1976. Published by t i tle as Ordinance No. ~30.:;_~' Series of 1976, on the 7th day of July, 1976. ATTEST: I , William D. James, do hereby certify that the above and foregoi n g i s a true, accurate and complete copy of the Ordinance, passed on final reading and publ i shed by title as Ordinance No. 30 , S e r ies of 1976 . -7-