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HomeMy WebLinkAbout04-449.doc DECEMBER 14, 2004 04-449RESOLUTION (CARRIED___7-0__LOST________LAID OVER________WITHDRAWN________) PURPOSE:ESTABLISH QUALIFICATIONS FOR TOWING SERVICES INITIATED BY:POLICE DEPARTMENT WHEREAS, from time to time it is necessary for the Oshkosh Police Department to arrange for the transport of abandoned vehicles and those vehicles whose drivers/owners are incapacitated and unable to give consent to towing of the vehicle; and WHEREAS, it is necessary to set appropriate qualifications, standards and uniform rates for towing services performing such duties. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that any wrecker service operating under rotating call list established and kept by the Oshkosh Police Department shall comply with the following requirements: SERVICES ON POLICE ROTATING CALL LIST No person shall engage in, or conduct, or carry on the business of providing towing service for the city police department rotating call list without complying with the following requirements: 1. The towing service place of business must be located within the city limits, in a properly zoned area, and shall comply with all zoning ordinance requirements. 2. Towing services shall have valid L.C. permits issued by the state transportation commission covering all towing services requested. 3. Towing services shall provide twenty-four hour emergency service with company owned and operated trucks or vehicles which are leased exclusively to the towing service and operated by employees of the towing service. Towing services must accept all emergency calls seven (7) days a week. Towing services must accept calls during periods of scheduled rotation unless there is a prior written agreement with the Captain of Patrol. 4. Towing service vehicles must be properly licensed and operated by personnel at least eighteen (18) years of age who are properly licensed to operate tow trucks. DECEMBER 14, 2004 04-449RESOLUTION CONT’D 5. Towing services shall be responsible for safekeeping of vehicles and belongings in a storage area that complies with the requirements as established in the city Zoning Ordinance.Towing services shall provide storage for vehicles and belongings in a secured area isolated from the general public in either a fenced-in area or building. 6. Should a towing service fail to respond after accepting a call for service, a second call will be made. If the towing service shall fail to respond to a second call, a police department official shall notify the towing service owner in person of such no- response call. Two (2) such no-response calls in a twelve-month period shall result in the towing service’s name being removed from the rotating call list for a period of one hundred eighty (180) days. 7. Towing services, which tow on the rotating list for the city shall not charge in excess of the following rates while towing for or at the request of the city. Citizen requests for a specific towing firm shall be at the rate determined by such firm. A. Routine tow. The vehicle to be towed is under six thousand (6,000) pounds. It is easily accessible to the tow vehicle and does not need to be dollied. The rate that can be charged is a maximum of sixty-five dollars ($65.00) (7:00 a.m. – 7:00 p.m. Monday through Friday) or seventy-fivedollars ($75.00) (all other times and holidays). B. Recovery. The vehicle is over six thousand (6,000) pounds, or if under that weight, it is not easily accessible to the tow vehicle, or needs to be dollied. The rate charged shall be based on the services actually performed to recover the vehicle. C.Service calls. Service calls will be considered any service that can be done without requiring a routine tow or recovery. The maximum rate that can be charged for a service call is fifty dollars ($50.00) D.The rates listed for the routine tow and service call apply to one call for one hour or less. For services that require more than one hour, the towing service may charge the same rates in one-quarter hour increments. E. Second wrecker and operator, if needed, shall be at the same rate as the first wrecker. F. Towing services may charge reasonable rates for supplies used to clean crash sites. DECEMBER 14, 2004 04-449RESOLUTION CONT’D G. There will be (7) holidays recognized by the city: (1) New Year’s Day (2) Easter Sunday (3) Memorial Day (4) Independence Day (5) Labor Day (6) Thanksgiving Day (7) Christmas Day 8. Towing Firms found to be in violation of any section of this resolution shall be removed from the rotating list for a period not to exceed three hundred sixty-five (365) days. Written complaints relating to those violations shall be investigated by the police department. (a) Hearing upon Removal. The City elects not to be bound by the provisions of Chapter 68 Wis. Stats. in regard to decisions on removal from the rotating towing list under this section. Any person may file a sworn written complaint with the Police Chief alleging violations of this Resolution related to a towing service. Upon filing of a complaint, the Police Chief shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice. At the hearing, the complainant and the towing service complained of may be represented by counsel, may present evidence and call and examine witnesses and cross-examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Police Chief shall act as the decision-maker. If the Police Chief is unable to so act, a decision-maker shall be appointed by the City Manager. A written determination continuing or removing the towing service on the rotating towing list shall be made. Within ten (10) days of the hearing, a written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision-maker. The written decision shall specify the reasons for the decision made and shall be final. 9. The rates provided in this section may be reviewed annually every January 1 at the request of the police department or towing firms. The rates shall apply to those towing services, which meet the other requirements within this section and which may, at the option of the towing service, be placed on the rotating call list for towing. DECEMBER 14, 2004 04-449RESOLUTION CONT’D Towing firms may be added to the rotating list upon application provided they have met the requirements contained in this resolution. Approved firms shall be added to the rotating call list within sixty (60) days of the date of their application to the police department. REQUIRED POLICE NOTIFICATIONS The police department shall be notified before towing of any abandoned vehicle or illegally parked vehicle. The Captain of Patrol must be notified by a message, which includes the police complaint number, when vehicles towed at the request of the department: - are released by a towing company - have been left at a towing company over five days RECEIPT FOR SERVICES The towing service shall provide an itemized receipt of services performed to persons provided the service. The receipt shall state the type of service performance. Receipts generated as a result of being on the rotating tow list shall identify and list all services performed and applicable charges. A copy of the receipts generated by the rotating call list shall be retained by the towing service for two calendar years after issuance. Towing firms on the rotating call list shall make the call list receipts available to the police department for inspection upon request. INSURANCE Towing services must show proof of liability insurance with a minimum of one million dollars coverage by January 1, 2005. Evidence of umbrella coverage insurance is to be in the form of a certificate of insurance issued by the insurer to the city police department giving a minimum of ten days notification in case of non-payment or cancellation of policy. EQUIPMENT 1. Towing services shall have a minimum of two tow trucks, one flat bedowned, or leased, licensed and operated by the company. DECEMBER 14, 2004 04-449RESOLUTION CONT’D 2. Standards for trucks and equipment shall be as follows: A.Tow truck with a manufacturer’s rated gross vehicle weight rating of ten thousand (10,000) pounds or more, dual wheel chassis. B. Wrecker boom and winch rated at four tons or more. Cables shall be free of breaks and not “repaired.” C. Equipment included two-way radio or telephone communication, dollies, broom, shovel, motorcycle belt, one snatch block per vehicle, steering wheel holder, and oil dry and other necessary equipment. Citizens band radios are excluded. 3. Tow trucks owned, leased and operated by towing services must be equipped with a wheel lift capacity and a sling capacity. 4. Tow trucks for vehicles equipped with air brakes shall also have air brakes and air connections for the air system. 5. All vehicles used for towing shall meet minimum US DOT requirements as defined under 49 CFR Federal Motor Carrier Safety Regulations (FMCSRs). All vehicles st to be inspected by certified inspectors prior to January 1 of each calendar year.