AD HOC TOWING COMMITTEE

Transcription

1 AD HOC TOWING COMMITTEE PURPOSE: Acts in an advisory capacity to the city council. Authorized to hear and resolve written complaints made by a towee which involve a violation of any of the provisions under Article X and to submit recommendations to the city clerk regarding a suspension or revocation of a permit. Authorized to make recommendations to the city council regarding proposed amendments to Article X. Reviews the Fairbanks General Code, Section 14, and makes recommendations to the city council for modification and/or additions. MEETINGS: The Ad Hoc Towing Committee Meetings are held at City Hall in the Council Chambers. MEMBERS: CHAIR: Vivian Stiver nd Avenue Fairbanks, AK vstiver@ci.fairbanks.ak.us Dave Chausse Bankers Collection Gaffney Rd. chaussedc@gci.net Fairbanks, AK M.A. Doc Davis Interior Towing & Salvage Van Horn Rd. interiorsalvagepool@alaska.net Fairbanks, AK Elizabeth Griswold Gabe s Towing Donald Ave. elizabeth.griswold@gabestowing.com Fairbanks, AK Sean Young Denali Towing PO Box bb3bears@ptialaska.net Fairbanks, AK 99708

2 DRAFT ORDINANCE Introduced by: Councilmember Stiver Date: November, 2009 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 14, BUSINESSES, ARTICLE X, TOWING VEHICLES, BY REPEALING AND REENACTING THE SAME; AND SETTING AN EFFECTIVE DATE. WHEREAS, the adoption of the Federal Aviation Administration Authorization Act ( FAAAA ) in 1994 by the federal government limited the authority of any city to regulate motor carriers, including tow trucks; and WHEREAS, as a result of the federal government s passage of FAAAA, the City ceased active enforcement of its towing ordinances; and WHEREAS, since 1994, amendments to the FAAAA and court decisions have reaffirmed the safety regulatory authority of states and their political subdivisions and established that there are practices related to towing which can be regulated; and WHEREAS, it is the intent of the City Council to regulate towing in the interest of public safety to the extent allowed by law. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAIRBANKS, ALASKA, as follows: Section 1. as follows: Fairbanks General Code, Chapter 14, Article X is hereby repealed and replaced Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Impoundment of vehicles means the act of towing, placing, and leaving a towed vehicle at a site where the towing operator or other business enterprise exercises control, supervision, or responsibility over the vehicle without the consent of the vehicle owner. Tow operator or towing operator means any person or entity providing towing services. Tow service or towing service means: 1. Towing of a vehicle by a commercial towing vehicle from privately owned property to an owned or subcontracted storage facility or storage location at the request of the person who owns, controls, or possesses the property from which the vehicle is removed; 2. All services related to towing of vehicle by a commercial towing vehicle, including vehicle recovery, roadside assistance, or the storage of any vehicle, whether the storage location is owned by the towing service business or by a subcontractor.

3 Commercial towing vehicle is any vehicle equipped for towing that provides towing service for profit or business to a vehicle not owned by the tow vehicle owner. Towing means the act of hauling, drawing, or pulling along a vehicle by means of another vehicle equipped with booms, car carriers, winches, or any other device. Vehicle means a mobile item that normally uses wheels, including but not limited to cars, trucks, trailers, motorcycles, and snow machines. Sec Permit required. No person or entity shall operate a towing business in the city or provide towing service within the city, without first obtaining a two (2) year towing service permit from the City of Fairbanks. No permit will be issued to any person or business entity unless the applicant(s) meets the minimum qualifications as set out in Sec , the application is properly completed, and all of the documents required in Sec are submitted with the application. Sec Permit fee. The permit fee for a towing service business shall be as set out in the City s Schedule of Fees & Charges for Services. Sec Qualifications for applicants. (a) All applicants for a towing service permit shall possess the following qualifications: (1) The ability to read and write the English language. (2) Have no criminal conviction entered by a court within the past five (5) years from the date of conviction or the date of release from prison, whichever is later, of any of the following offenses: (A) Any offense that includes as an element the use or threat of force upon a person; (B) Burglary, larceny, fraud or embezzlement; or (C) A crime involving dishonesty (3) Have no permit revocations under this article within one (1) year of application. Persons who own and actively operate towing services prior to the effective date of this ordinance who would be disqualified from obtaining a towing service permit due to subsection (a)(2) will be issued a provisional license if they comply with all other requirements of this Chapter, PROVIDED THAT, any further criminal conviction of the type stated in subsection (a)(2) will result in forfeiture of the permit. (b) The term applicants as used in this section includes all partners if the applicant is a partnership, all officers if the applicant is a corporation (of any type), and all shareholders if the applicant is a privately held corporation (of any type).

4 Sec Qualifications for drivers. (a) All drivers of vehicles conducting towing services for which a permit is required under this Article must have the appropriate state driver s license for the vehicle being operated and a current Medical Examiners Certificate. (b) Tow owners/operators will be responsible for ensuring that all drivers or operators in their employment meet the requirements as defined in section Towing owners or entities may be held wholly responsible for criminal convictions by drivers violating the requirements of this Article to the extent that violations may incur revocation of an entity s towing service permit. Sec Application for towing service permit. (a) All applications for a towing service permit must be submitted to the city clerk, together with the required non-refundable application fee as provided in the City s Schedule of Fees & Charges for Services, pending review to determine actual costs as incurred by the City. The city clerk is directed to prepare an application form for the use of all applicants. (b) The application for a permit shall contain the following: (1) The name and address of the owner, if a sole proprietorship, or the names and addresses of the partners or members if the applicant is a partnership, or the names, addresses and positions of corporate officers and directors, if the applicant is a corporation. (2) The name under which the towing service business will be operated and the exact name which the applicant will display upon the exterior of the vehicles to be operated under the permit. (3) The location of the business office and the location of the impoundment lots in which vehicles will be impounded. (4) The hours and days during which owners may reclaim their impounded vehicles and, if the impound lot is not staffed during such hours, the procedure for owners to reclaim their vehicles. (5) The year, make, model, vehicle identification number, state license number, and record owner of each vehicle to be operated under the permit. (6) Proof of insurance coverage for all towing vehicles in an amount not less than the state of Alaska minimums, as set out in AS (a), and proof of on hook insurance and proof of garage keepers insurance, if applicable, each in the minimum amount of $50,000 for impound and storage. Each policy shall further contain a clause, addendum, or endorsement providing that the insurer or its local agent will give written notice of the cancellation, revocation, termination, or expiration of that policy, such notice to be submitted to the city clerk not later than thirty days prior to such event. Copies of worker's compensation insurance affording coverage to all drivers or employees engaged in towing vehicles under this permit, as required by state statutes, shall also be submitted with the application.

5 (7) Criminal history reports for each person listed in subsection (1) above issued by an official government agency, current through the date of the application. Applicants must reveal any criminal convictions known to them but not listed in the criminal history report. (8) A statement of the standard charges for towing, impound, and personal property retrieval services. Sec Approval. The city clerk shall examine the application for accuracy and completeness, and, provided that the clerk finds that the applicant meets all of the requirements under this article and upon payment of the permit fee as provided in the City s Schedule of Fees & Charges for Services, shall issue the permit. Upon approval of an application for a towing service permit, the city clerk shall cause to be executed, under signature of the city clerk, a proper permit signifying the approval and issuance of a permit to the applicant. Permits shall be issued for a term of two years, unless otherwise noted upon approval. A permit issued under this article may be renewed by the city clerk upon receipt of an application for renewal, provided that the city clerk finds that the application meets all requirements under this article and upon payment of the permit fee. Sec Denial of permit; appeal. (a) If the city clerk determines that an application for a towing service permit or a renewal application does not meet the requirements of this article, the city clerk shall deny the application. The city clerk shall issue a written decision to the applicant, which shall state the specific reasons for the denial and information on when and how to present an appeal. (b) If the city clerk denies an application for a permit or an application for renewal, the applicant may appeal the decision to the towing committee. On appeal, the towing committee may approve, modify, limit, or deny the application. In determining whether to approve, modify, limit or deny an application for a permit or for renewal of a permit, the towing committee may consider the experience of the applicant, the fitness of the applicant to engage in towing vehicles, written complaints to the towing committee within the past 24 months concerning the applicant's operation under a permit, and any relevant convictions of the applicant or its drivers in the last five years. The committee shall weigh the factors which relate to the protection of the public from the harm that this ordinance was designed to protect. If the appeal is denied, the City Clerk shall provide written notice of the denial. (c) An appeal from a decision of the towing committee shall be made to the Superior Court, Fourth Judicial District, no later than 30 days following the date of the decision. Sec Identification of Tow Vehicles. All tow service providers shall be identified with the following information on both sides of the vehicle (minimum three inch letter height): a. The business name of the permit holder; and b. Permit holder phone number. In addition, the city permit decal shall be affixed in a readily conspicuous place on the vehicle on the right side of the front windshield.

6 Sec Notification upon impounding. Any time a vehicle is towed for impounding and storing purposes and a towing permit is required under section , the Fairbanks Emergency Communication Center must be notified prior to towing. In addition, if the vehicle contains a Department of Defense decal indicating the vehicle is owned by a member of the Armed Forces, that information must be provided to the Fairbanks Emergency Communication Center. Sec Minimum hours in which impounded vehicles may be claimed by owners. (a) All permit holders shall establish hours during which the owner may reclaim his vehicle. These hours will be a minimum of eight (8) hours per day, five (5) days a week, excluding Federal Holiday s and shall be on file with the city clerk and the Fairbanks police department. During hours the impound lot is open, there must be an attendant available on site to allow owners to reclaim their vehicles, or, specific instructions on how to contact someone in regards to this matter, or, in the temporary absence of an attendant, there shall be conspicuously posted specific instructions on how to contact the permit holder which at a minimum shall include a phone number. (b) A daily storage fee may be charged only for days on which the impound lot is regularly scheduled to be open or available to the owner of an impounded vehicle under subsection (a). Sec Personal property in impounded vehicles. Permit holders must allow owners or persons entitled to lawful possession, upon request and after showing proper identification, to immediately reclaim from their impounded vehicles any identification, pets and labeled prescription medication, either at the impound lot or at the site of impoundment without charge. A permit holder may charge a reasonable fee for providing access to vehicle owners or their representative to vehicles held at its impound lot for the purpose of retrieving personal property, other than those items listed above, from the vehicle. Sec Notification to record owners. (a) A permit holder under this article shall notify the record owner and any lienholder of record of an impounded vehicle in writing by certified mail not later than five (5) business days after a vehicle has been impounded, if the vehicle is not reclaimed before then. (b) If no current vehicle registration for a vehicle with license plates from a jurisdiction other than Alaska is found in the impounded vehicle, the permit holder must, within five (5) business days, send a certified letter to the jurisdiction of license, asking for the address of the vehicle owner. Upon receipt of owner information, the permit holder must, within five (5) business days, send notice to the record owner. (c) For the purposes of this section, business days exclude Saturdays, Sundays, all State of Alaska and Federal holidays. Sec Records. Every permit holder shall maintain for a two-year period a current and accurate daily list for every vehicle impounded. This information shall be available for inspection by any law enforcement officer at any time and shall contain the following information:

7 (1) The make, model and license number. (2) The location from which the vehicle was impounded. (3) The date the vehicle was picked up and the time it was delivered to the impound lot. (4) The location of the impound lot. (5) The name of the employee or of the driver who did the impounding. (6) The date and fee paid by the owner upon claiming the vehicle. (7) If the vehicle is not reclaimed by the owner, the date the notice was sent to the owner, the date of the sale or disposition. (8) Documents of compliance with FGC Sec Removal of license plates. A permit holder shall comply with Alaska DMV regulations with regards to the removal of license plates on any vehicle sold or disposed of by the permit holder. Sec No open titles. A permit holder shall require any purchaser of any vehicle sold by the permit holder to complete all sections of the vehicle title necessary for the transfer of the title before removing the vehicle from the impound lot. Sec Notice of private parking lots. (a) It is illegal to tow a vehicle for impoundment from any commercial or business parking lot unless signs are posted in the private lot which by its size, location, and wording clearly indicates to a reasonable person that parking is not authorized to the public and that unauthorized vehicles will be towed at the owner s expense. Such signs must include the location of the impound yard and a phone number to contact the person with authority over the impound yard. (b) The required signs must be at least 18 inches by 24 inches. One must be posted at each entrance to the parking lot and spaced so as to be reasonably visible to a driver parking in any parking space in the lot. (c) No towing service business shall tow a vehicle from private property without first obtaining the written permission of the property owner or authorized agent. Such written permission must be given on site at the time of the tow. The property owner may not appoint an owner- agent, or employee of a towing service business to be the property owner s agent for purposes of authorizing the towing of vehicles. (d) The posting of signs is not required by a property owner or lessee of a family residence to remove a vehicle from the driveway, dumpster, lawn, or what is commonly understood to be the yard of the residence. In addition, signs are not required where a vehicle blocks a private entrance, exit, drive, or loading area, or if a vehicle is abandoned on private property for at least twenty-four (24) continuous hours, or is disabled to such an extent that it is not capable of moving under its own power.

8 (e) This section shall not apply to parking violations such as handicap parking and fire lane parking violations, nor shall it apply to tows directed by a law enforcement officer. Sec Rates. (a) The standard allowable charges for towing/impound services must be on file with the City of Fairbanks and included in the permit application process. (b) If the owner or driver claims the vehicle that is being impounded after it has been attached but before it is towed to the impound lot, the rate charged may not be more than fifty percent (50%) of the regular fee. If the owner or driver is unable to pay the fee at the time the impound is interrupted, the vehicle may be transported to the impound lot where full fees are assessed. (c) No storage fee may be charged for a vehicle that is claimed and picked up the owner within the same business day. Sec Receipts. Whenever any owner reclaims an impounded vehicle, the permit holder or the holder's employee shall provide an itemized receipt for the charges for impoundment, including the name and address of the company, date of impoundment, the date claimed, and employee ID number of the operator. Sec (a) authority to: Towing committee; appeals; dispute resolution; permit revocations; composition. There is hereby established a towing committee which shall have the (1) Hear and decide appeals from the decision of the city clerk under Sec ; (2) Hear and resolve written complaints made by a towee which involve a violation of any of the provisions under this article and to submit recommendations to the city clerk regarding a suspension or revocation of a permit; and (3) Make recommendations to the city council regarding proposed amendments to this article. (b) The committee shall consist of seven (7) members appointed by the mayor subject to confirmation by the city council. Committee members shall serve three (3) year terms, and may serve more than one (1) term. Initial appointments shall be staggered such that two (2) members shall have their terms expire two (2) years following appointments, the next two (2) members three (3) years, the next two (2) members four (4) years, and the last member five (5) years. (c) Committee members shall include: (1) Two (2) representatives from the tow truck industry; (2) Two (2) members of the public; (3) A representative of the insurance industry; (4) A representative of the police department; and (5) A representative of the financial industry.

9 Sec Towing standards/practices. (a) In addition to, and independent of, violations of any provisions of this article the towing committee may also consider violations of the following standards as a basis for recommending the suspension or revocation of a permit. (1) Towers providing commercial services should do so only in a vehicle clearly marked on both sides of the towing or roadside service vehicle with the company name and valid contact phone number. (2) Tower should have a written fee schedule of standard towing service fees available to the customer at their place of business. Entities without physical locations should carry copies of their fee schedule in the company s truck(s), and provide one to any customer upon request. Tow fees should not exceed the printed rates unless obvious and extenuating circumstances clearly indicate the appropriateness of additional charges. (3) Effort should be made to quote the applicable rates for services upon request. Customers should be made aware in advance when extenuating circumstances may necessitate additional or unusual fees prior to the performance of services. (4) Unsolicited offers to render towing assistance should be fully quoted at the time of the offer. A customer should never have to be surprised by the fee after service has been performed. (5) Vehicles towed following a collision must be towed to the location the customer chooses, provided they have a preference and means to pay for the service upon completion. The vehicle may be transported to a tower s secured yard only with permission from the owner, an officer of the law, or when means of payment for service is not available. Whenever possible, a business card or other printed contact information should be offered to the customer at the time of towing. (6) Towing impound and storage lots should allow redemption or access to vehicles during normal business hours at least five (5) days per week, or be available by appointment within two (2) hours of the request for appointment between 9:00 a.m. and 6:00 p.m. at least five (5) days per week. Business and access hours should be clearly posted at the exterior of the lot location along with telephone contact information. (7) All storage facilities should have posted signage indicating the name of the towing company using or managing the lot. (8) No storage may be charged to impounded vehicles for any day the lot may not be accessed by the public, excluding State and Federal holidays. (9) During performance of towing interactions with the public, towers should conduct themselves in a manner consistent with public service. Harassment, verbal abuse, threats of physical violence, threats to withhold vehicles from their owners without legal precedent, threats to abandon motorists in remote locations, or actions implying these behaviors should be considered unethical and intolerable. However, no tower should be expected to tolerate similar actions by the public nor be expected to perform towing services without proper compensation at the time of service.

10 Sec Suspension or revocations of permits. It is the intent of this Article that towing permit holders and their drivers shall be accountable for compliance with the provisions of this article. The towing committee may suspend and revoke a towing permit in accordance with the following scheduled: (1) First violation: maximum ten (10) days suspension; (2) Second violation within twelve (12) months: maximum thirty (30) day suspension; (3) Third violation within twelve (12) months: maximum sixty (60) day suspension; (4) Fourth violation within twelve (12) months: maximum ninety (90) days suspension. (5) Fifth violation within twelve (12) months: revocation of the permit. Sec Permit suspensions; revocations; appeal. (a) The city clerk may suspend or revoke a permit based upon the recommendations of the towing committee. (b) A decision by the city clerk to revoke or suspend a permit may be appealed to the city council and thereafter to the superior court in the Fourth Judicial District no later than thirty (30) days following a decision made by the council. Sec Criminal penalties. (a) The violation of sections through shall be a misdemeanor, and any person convicted of such a violation shall be subject to the penalties provided in FGC Section (b) In addition to any other remedy or penalty provided in this section, a person who violates a provision of this article shall be subject to injunctive relief to restrain the person from continuing the violation or threat of violation, and upon a finding that a person is violating or threatening to violate a provision of this Article, the superior court shall grant injunctive relief to restrain the violation. Sec Severability. If any phrase, clause, sentence, paragraph or section of this Article shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Article. Section 2. That the effective date of this ordinance shall be the day of AYES: NAYS: ABSTAIN: ABSENT: ADOPTION: ATTEST: Janey Hovenden, City Clerk Terry M. Strle, Mayor APPROVED AS TO FORM: Paul Ewers, City Attorney