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0279 Automobile Towing Business 1986ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING A NEW CHAPTER 5.20 TO THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, PROVIDING FOR THE REGULATION OF AUTO WRECKERS; MAKING A VIOLATION OF SAID REGULATIONS A MISDEMEANOR; PROHIBITING ANYONE FROM MOVING A VEHICLE AT THE SCENE OF AN ACCIDENT UNTIL AUTHORIZED TO DO SO BY POLICE; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS AT THE SCENE OF AN ACCIDENT; AUTHORIZING THE ESTABLISHMENT OF A WRECKER ROTATION LIST; ESTABLISHING MINIMUM STANDARDS FOR PARTICIPATION ON THE CITY'S WRECKER ROTATION LIST; ESTABLISHING STANDARDS AND PROCEDURES FOR SUSPENSION AND REVOCATION OF THE RIGHT TO PARTICIPATE IN THE WRECKER ROTATION LIST; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amendment of Municipal Code. There is hereby added to the Municipal Code of the City of Chubbuck, a new Chapter 5.20, which is to read as follows: Chapter 5.20 AUTOMOBILE TOWING BUSINESS 5.20.010 Restrictions on Operation of Automobile Towinq Business and Definitions. It shall be unlawful for any person, firm or corporation to engage in any act prohibited by the terms of this chapter. As used in this chapter, the following terms will have the following meanings: a) Accident means any occurrence which renders a vehicle wrecked or disabled. b) Chief of Police means the duly-appointed Chief of Police of the City of Chubbuck and any of his designated agents or representatives, including members of the Chubbuck Police Department. ORDINANCE - Page 1 ja 8H-30 c) City means the City of Chubbuck. d) Disabled vehicle means a vehicle which has been rendered unsafe or unable to be driven as a result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, vandalism, or a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a wrecker. e) Emergency wrecker company means a person who owns, controls, or has a financial interest in one or more emergency wrecker services. f) Emergency wrecker service means the business of towing or removing wrecked or disabled vehicles from the streets upon request of the Chief of Police. g) Owner means a person who holds legal title to a vehicle, or who has legal right of possession of a vehicle, or legal right of control of a vehicle. h) Person means an individual, assumed name entity, partnership, joint venture, association, corporation, or other legal entity. i) Rotation means an occasion when the Chief of Police calls an emergency wrecker from the rotation list to remove a wrecked or disabled vehicle. j) Street means any street, alley, avenue, lane, square or highway within the corporate limits of the city. k) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except for devices moved by human power or used exclusively upon stationary rails or tracks. 1) Wrecked vehicle means a vehicle that has been damaged as a result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker. m) Wrecker means a vehicle designed to be used primarily for removing wrecked or disabled vehicles upon any street. n) Wrecker rotation list means a list maintained by the Chief of Police of licensed wrecker companies. ORDINANCE - Page 2 ja 8H-30 5.20.020 Removal of Vehicle at Scene of Accident. No person shall use a wrecker, licensed or unlicensed, to move any vehicle located at the scene of an accident until he has been notified by the Chief of Police that any police investigation has been concluded or has otherwise been directed by the Chief of Police to move the vehicle. 5.20.030 Solicitinq Wrecker Business at Scene of Accident Prohibited. No person may solicit in any manner, directly or indirectly, on the streets of the city, the business of towing a vehicle which is wrecked or disabled on a street, regardless of whether the solicitation is for the purpose of soliciting business of towing, removing, repairing, wrecking, storing, trading or purchasing the vehicle. 5.20.040 Participation in Wrecker Rotation List. The Chief of Police shall, in conjunction with other law enforcement agencies, establish a Wrecker Rotation List. No emergency wrecker company shall be allowed to participate in the Wrecker Rotation List unless the following requirements are met: a) The participant shall, if requested by the Chief of Police, submit every emergency wrecker proposed to be used in the service for inspection and each wrecker, other than an emergency heavy duty wrecker, must comply with the following minimum requirements: 1. Each wrecker shall be not less than 3/4 ton in size and be equipped with booster brakes. ORDINANCE - Page 3 ja 8H-30 2. Each wrecker shall be equipped with a power-operated winch, winch line, and boom, with a factory rated lifting capacity, or a city-tested capacity, of not less than 8,000 pounds, single-line capacity. 3. Each wrecker shall carry as standard equipment, a tow bar or tow sling, towing dollies, towing lights, safety chain, a fire extinguisher, a wrecking bar, chock blocks attached to the wrecker by chain, broom, shovel, and flares. Each wrecker and all of its equipment shall be in a safe and good working condition. b) Every emergency heavy duty wrecker must comply with the requirements in subsection (a) of this section, except: 1. Each heavy duty wrecker must be not less than two and one-half tons in size. 2. Each heavy duty wrecker shall be equipped with a power-operated winch, winch line, and boom, with a factory rated lifting capacity, or a city-tested capactiy of not less than 16,000 pounds, each winch. c) service. Each participant shall maintain 24-hour wrecker d) Each participant shall maintain an area for the storage of towed vehicles. Said storage area shall be enclosed within a bulding or be entirely enclosed by a fence six (6) feet in height, and shall be so maintained as to protect towed vehicles from fire, vandalism and theft. Said storage area shall comply, in all respects, with all federal, state and local laws, statutes, ordinances and regulations, including but not limited to applicable zoning ordinances. Each participant must be able to provide access to the storage area at any time to allow removal of vehicles at the convenience of registered owners. e) A participant must show insurability for public liability as provided in this section. Prior to the participation in the Wrecker Rotation List, an emergency wrecker company shall procure and keep in full force and effect during any periods of participation in the Wrecker Rotation List, a policy of public liability insurance issued by a casualty insurance company authorized to do business in the state and in the standard form approved by the Department of Insurance of the State of Idaho with the coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of the operation of ORDINANCE - Page 4 ja 8H-30 an emergency wrecker owned or operated by the participant and providing that the amount of recovery on each emergency wrecker shall be in limits of not less than the following sums: 1. For damages arising out of bodily injury to or death of one person in any one accident ...$100,000.00. 2. For damages arising out of bodily injury to or death of two or more persons in any one accident...$300,000.00. 3. For injury to or destruction of property in any one accident...$100,000.00. 4. "Hook Insurance" ...$30,000.00. f) The policy mentioned in subsection (d) of this section shall contain an endorsement providing for 30 days' notice to the City Clerk in the event of any material change or cancellation of the policy. A current certificate of insurance evidencing compliance with this ~5.20.040 shall be kept on file with the Clerk or Chief of Police. g) Participants shall indemnify and save the City of Chubbuck harmless against and from all costs, expenses, liabilities, losses, damages, injunctions, suits, actions, fines, penalties, claims and demands of every kind or nature, including reasonable attorney's fees, by or on behalf of any person, party or governmental authority whatsoever arising out of any accident, injury or damage that shall happen in connection with the performance of its services. 5.20.050 Suspension. The Clerk or the Chief of Police may suspend an emergency wrecker company's right to participate on the Wrecker Rotation List for a period not to exceed 30 days for one or more of the following reasons: a) Failure of the participant to maintain his wrecker or equipment in a good and safe working condition. b) Violation by the participant or an employee of the participant of a provision of this Chapter. c) Failure of the participant to arrive at the location of a vehicle involved in an accident, abandoned vehicle, or illegally parked vehicle within a reasonable time after having been notified to do so by the Chief of Police. ORDINANCE - Page 5 ja 8H-30 d) Violation by an emergency wrecker driver of a provision of the motor vehicle or traffic laws of this state or city while in the scope of his employment in the emergency wrecker service. 5.20.060 Revocation. The Clerk or Chief of Police shall revoke an emergency wrecker company's right to participate in the Wrecker Rotation List, following notice and hearing for one or more of the following reasons: a) Repeated violations by the participant or an employee of the participant of provisions of this Chapter. b) Suspension of the participant's right to participate in the Wrecker Rotation List three times within six (6) months. 5.20.070 Appeal from Suspension or Revocation. Any action under this Chapter is final unless the participant, within 10 days after the date of the action, files a written appeal with the City Clerk setting forth specific grounds for the appeal. A Board of Review (consisting of the Mayor of the City or his designee, another participant on the Wrecker Rotation List and a third person selected by the other members of the Board) shall, within 30 days, conduct a hearing to consider the action. The Board shall have authority to sustain, reverse or modify the action appealed. The decision of the Board shall be based upon the standards and criteria set forth in this chapter and shall be final. 5.20.080 Powers and Duties of the Chief of Police. In addition to the powers and duties elsewhere prescribed in this Chapter the Chief of Police is authorized to: a) Administer and enforce all provisions of this Chapter. ORDINANCE - Page 6 ja 8H-30 b) Keep records of all emergency wrecker companies participating on the Wrecker Rotation List. c) Conduct, when appropriate, periodic investigations of emergency wrecker companies participating on the Wrecker Rotation List, including an investigation of the condition of said company's wrecker. d) Keep records of service adequacy and responsiveness of participants and provide these records to the City Council upon request. e) Make the Wrecker Rotation List available to participants thereon. 5.20.090 Wrecker Rotation List Procedure. When an emergency wrecker is needed because of an accident, an abandoned vehicle, or an illegally parked vehicle, the investigating police officer will call the dispatcher at the police department headquarters or the Bannock County Sheriff's Office. On receiving the first call, the dispatcher shall call the first emergency wrecker company on the Wrecker Rotation List to remove the vehicle to a place designated by the Chief of Police unless a specific wrecker company is specified by the owner or operator of a vehicle involved in an accident. On each succeeding call, the next emergency wrecker company on the list must be called and proper notation of each call must be made on the master rotation list. The master rotation list may be maintained in conjunction with Bannock County and/or the City of Pocatello. 5.20.100 Abandoned and Illegally Parked Vehicles. Refusal to respond to a request to pick up an abandoned vehicle or illegally parked vehicle within twenty four (24) ORDINANCE - Page 7 ja 8H-30 hours after receiving such request shall result in the emergency wrecker company being removed from the Wrecker Rotation List. Adandoned and illegally parked vehicles, unless creating a hazard, will be picked up during daylight hours and shall be stored at the assigned emergency wrecker company's storage area. Any illegally parked or abandoned vehicle will be kept at the assigned emergency wrecker company's storage area until application for its redemption is made by the owner or his authorized agent, who will be entitled to the possession of the vehicle upon payment of fines, costs of removal and storage which may have accrued. If the vehicle impounded is not redeemed by the owner or his authorized agent within fifteen (15) days, it will be disposed of in the manner prescribed by law. 5.20.110 Requirements and Operatinq Procedure for Emergency Wrecker Service. a) An emergency wrecker company participating in the Wrecker Rotation List shall comply with the following requirements and procedures: 1. Maintain 24-hour wrecker service. 2. Arrive at the accident within a reasonable time after having been notified to do so by the police department, such response time generally not to exceed 30 minutes. 3. Deliver, in every instance, the disabled vehicle to a location designated by the Chief of Police. 4. Report to the Chief of Police, if requested, all changes in emergency wreckers and equipment used in the participant's emergency wrecker service and render all additional vehicles available for inspection by the Chief of Police. ORDINANCE - Page 8 ja 8H-30 5. Employ only those emergency wrecker drivers who are trained in the use of the wrecker and its equipment and are not habitual violators of the traffic laws. 6. Completely remove from the site of an accident all resultant wreckage or debris, including all broken glass before leaving the site. b) The Chief of Police may, in conjunction with other law enforcement agencies utilizing the Wrecker Rotation List, establish such other reasonable rules and regulations, consistent with this Chapter, as may be necessary to effectuate the establishment and operation of the Wrecker Rotation List. c) Nothing in this Chapter shall De construed to permit operation of a wrecker as an authorized emergency vehicle. 5.20.120 City-Owned Wreckers. Nothing in this Chapter shall prevent the Chief of Police or dispatcher from calling city-owned wreckers to the scene of an accident or to an abandoned or illegally parked vehicle to render emergency wrecker service in lieu of calling an emergency wrecker from the wrecker rotation list; provided, however, that the driver of such city-owned wreckers shall satisfy the requirements of Section 5.20.110(a)(5) hereinabove. Section 2. Repeal. All prior ordinances or provisions thereof which conflict with this ordinance are hereby repealed to the extent of such conflict. Section 3. Severabilit¥. If any section or provision of this ordinance is held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions. ORDINANCE - Page 9 3a 8H-30 Section 4. Effective Date. This ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this 8th day of April, 1986. MAYOR ATTEST: CITY CLERK ORDINANCE - Page 10 ja 8H-30 The undersigned hereby certifies on behalf of the business or firm listed below, that I have received a copy of the attached Wrecker Ordinance, and that I agree to be bound by the terms and condition thereof. Firm Name Owner Address Impounded lot located at Insured by Proof of insurance attached DATED this day of yes no , 1986. Chief of Police ORDINANCE - Page 11 ja 8H-30 D. ~AMES MANNING THOMAS J, HOLMES B, LYNN WINM{LL HOWARD D. BURNETT RECEIVED HAWLEY TROXELL ENNIS & HAWLEY ATTORNEYS AND COUNSELORS A PA~TNERSHll~ INCLUDING P~(OFESS~ONAL CORpOF~ATIONS I25 NORTH GARF)EID POST OFFICE BOX 4167 POCAtELLO~ IDAHO 83205 TELEPHONE (208) 233-0845 BOISE OFFICE ONE CAP)TAL CENTER SEVENTh FLOOR POST OFFICE BOX 1617 BOISE~ iDAhO 8370I (208) 344-6000 March 19, 1986 Mayor John O. Cotant, Jr. City of Chubbuck 5160 Yellowstone Chubbuck, Idaho 83202 Mr. Roy Quick 4934 Spraker Chubbuck, Idaho 83202 Ms. Becky Hopkins 4873 Elizabeth Chubbuck, Idaho 83202 Mr. Steve England 5165 Mesquit Chubbuck, Idaho 83202 Mr. Boyd Fullmer 715 victor Chubbuck, Idaho 83202 RE: City Ordinances Dear Mayor Cotant and Council Members: Enclosed herein you will find two ordinances which need to be reviewed at the city council meeting scheduled for March 25, 1986. The first ordinance relates to certain modifications which the Land Use and Development Commission has approved concerning the density restrictions for multiple family dwellings within the City. This ordinance also includes some modifications of the Schedule of General Controls and should be compared in detail with the Schedule of General Controls included in our current ordinance. It will be necessary to have a public hearing on this ordinance, since it constitutes a modification of our existing Land Use Ordinance. However, I have been advised that Mayor Cotant thought it would be more appropriate to discuss the City Council Member 'March 19, 1986 Page 2 ordinance at a city council meeting prior to holding a public hearing. This will enable us to ensure that the ordinance is in an acceptable form prior to conducting further public hearings. I believe that this procedure would be in accordance with the Local Planning Act of 1975 and would therefor request that you review the enclosed ordinance in anticipation of preliminary deliberations on March 25, 1986. The second ordinance which I have enclosed herein, constitutes the Wrecker Ordinance which has been previously reviewed by the City Council. You will recall that there was substantial objection to the ordinance from the owners of local wrecker companies. Accordingly, Jerry Rowland and I have met with these individuals and substantially modified the wrecker ordinance so as to comply with most of their concerns. Since this matter has been reviewed by the City Council on two or three prior occasions and has been substantially modified in response to objections made by affected parties, I would recommend that the Council pass the ordinance at the March 25 City Council Meeting. While there may be further changes which you would like to have made in the ordinance, those changes can be made during the course of your deliberations. I will be out of town during the week of March 24. For this reason, Howard Burnett of our office will be attending the city council meeting. Since I will not be attending the city council meeting, I wanted to ensure that you had these ordinances well in advance of the council meeting so that you could call me if you have any major concerns about the substance or format of the ordinances. BLW/j a Enclosures Sincerely, B. Lyn~ Winmill · D. JAMES MANNING THOMAS J. HOLMES E, LYNN WINMILL HOWAI~D D. BUI~NETT HAWLEY TROXELL ENNIS ~ HAWLEY ATTORNEYS AND COUNSELORS 125 NORTH GAI~FIELD POSt OFFICE BOX ~1167 POCATELLOj IDAHO 83205 TELEPHONE (~'08) 233-O845 ONE CAPITAL CENTER SEVENTH FLOOR BOISE~ IDAHO 83701 (208) 3~,~' BO00 March 21, 1986 Wayne's Transmission 4873 Valenty Chubbuck, Idaho 83202 Anderson Auto Service 3058 Poleline Pocatello, Idaho 83201 Bill & Mike's Amco Service 4th and Benton Pocatello, Idaho 83201 Stan's Auto Wreckage Co. P.O. Box 2183 Pocatello, Idaho 83206 Jade Auto Clinic, Inc. P.O. Box 2703 Pocatello, Idaho 83201 Denny's Wrecker Service 4705 Yellowstone Chubbuck, Idaho 83202 Jerry°s Towing & Recovery 5008 Yellowstone Chubbuck, Idaho 83202 Gentlemen: Enclosed herein you will find the most recent version of the City of Chubbuck's Wrecker Ordinance. I think that it is fair to say that there are no substantive changes which would increase your responsibilities or liabilities, over those contained in the earlier drafts which you have already reviewed. The format of the ordinance has been substantially changed to take into account the recent codification of the City's ordinances. In this regard, you will note that all of the sections have been changed to a chapter and section within the existing Municipal Code. Wrecker Companie~ March 21, 1986 Page 2 I will not be in attendance at the March 25, 1986 City Council Meeting, but Jerry Rowland will be there to explain the ordinance to the City Council. Sincerely, BLW/ja Enclosure B. Lynn Winmill