HomeMy WebLinkAboutOrdinance 2015-003 Amending AMC 5.40 Towing Licenses 1-20-15 ORDINANCE NO. 2015-003
AN ORDINANCE RELATING TO TOWING PROCEDURES AND AMENDING
CHAPTER 5.40 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the city has the authority to regulate towing companies within the City of
Arlington; and
WHEREAS, the city staff has recommended changes and updates to the City's towing
company ordinance; and
WHEREAS, the City Council has considered the ordinance and has determined
the proposed revisions are in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code section 5.40.020 shall be and hereby is
amended to read as follows:
5.40.020 License-Required—Application.
It is unlawful for any person, firm or corporation engaged in the business of motor
vehicle wrecker or towing operator as defined in AMC 5.40.010 to tow or
otherwise remove motor vehicles from the scene of an accident, disability or
impounding, without first obtaining a license pursuant to the provisions of this
chapter, by making written application to the city clerk or his/her designee for
such license.
Section 2. Arlington Municipal Code section 5.40.050 shall be and hereby is
amended to read as follows:
5.40.050 License—Application—Registration of drivers.
Each operator must submit to the chief of police or his or her designee, with the
application, a list of proposed drivers, said list of drivers to be kept current at all
times during the period of the license.
Section 3. Arlington Municipal Code section 5.40.060 shall be and hereby is
amended to read as follows:
5.40.060 License—Issuance—Fee.
(a) Every application shall be referred to the chief of police or his or her designee,
whose duty it shall be to investigate the applicant and, if satisfied with his/her
qualifications, recommend to the city clerk that a license be issued.
ORDINANCE NO. 2015-003 1
(b) The city clerk shall, upon receipt of the annual license fee, issue a license
which shall expire on June 30t"; and all renewals thereafter shall be for a period of
one calendar year commencing on July 1 St of each year. The annual license fee
shall be fifty dollars for each vehicle to be operated. A separate license shall be
required for each vehicle, describing the specifically licensed vehicle.
(c) Applications for renewal of towing licenses must be completed and returned to
the city clerk, together with the renewal fees, prior to June 30t" of each year. The
city clerk shall send a renewal notice to each licensee at the address provided to
the city. Failure of the licensee to receive any such form shall not excuse the
licensee from making application for and securing the required renewal license, or
from payment of the license fees) when and as due hereunder. A towing license
shall expire on June 301h of the year following issuance, if not renewed as
described herein.
Section 4. Arlington Municipal Code section 5,40.080 shall be and hereby is
amended to read as follows:
5.40.080 License—Recommendation by police chief.
If the chief of police finds from his or her investigation and from the information
obtained that the applicant is a financially responsible person and the bona fide
owner of the vehicles for which licenses are sought, and has met all of the
requirements of this chapter, that the vehicles are safe and equipped with valid
state licenses, that they are properly bonded for the protection of the public as
required by the motor vehicle laws of the state, and the convenience and necessity
of the city will be promoted by granting such applicant one or more licenses, the
chief of police shall recommend to the city clerk that the license be granted.
Section 5. Arlington Municipal Code section 5.40.090 shall be and hereby is
amended to read as follows:
5.40.090 - Hearing required for license suspension or revocation.
Whenever the chief of police determines that there may be cause for suspending
or revoking any license issued pursuant to this chapter, the city clerk shall notify
the person holding said license by registered or certified mail, return receipt
requested, of the chiefs determination. Notice mailed to the address on the
license shall be deemed received three days after mailing. The notice shall
specify the grounds for suspension or revocation. The notice shall also specify
that the city's hearing examiner shall conduct a hearing at a time and date stated
in the notice to determine whether or not the license shall be suspended or
revoked. The notice shall be mailed to the licensee at least seven days prior to
the date set for the hearing. The licensee may appear at the hearing and be heard
in opposition to such suspension or revocation. The decision of the hearing
examiner may be appealed to the city council within fourteen days of the
decision. The city council will review the decision in a closed record hearing.
The decision of the city council shall be final, subject only to an appeal filed
ORDINANCE NO. 2015-003 2
with the Snohomish County Superior Court within fourteen days following the
date of such decision.
Section 6. Arlington Municipal Code section 5.40.120 shall be and hereby is
amended to read as follows:
5.40.120 Operation of towing business.
Each towing service licensee who wishes to impound vehicles, either private or
public, and/or to respond to police request to clear accident scenes shall, in
addition to the other requirements set forth herein, provide the following:
(1) Service to the public on a twenty-four-hour basis. At least one suitable single-
party telephone service shall be obtained and maintained;
(2) Radio equipment or cell phone service shall be installed at a dispatch point
and in each of the vehicles, and maintained in good working order at all times;
(3) Maintain an average response time of not more than twenty minutes to all
locations within the city;
(4) Secure a bond to cover any loss of public or private property from vandalism
or theft while vehicles impounded are stored in an impound storage lot.
(5) Tow operators will comply with all laws and city ordinances.
(6) Tow operators will not create additional hazardous conditions through their
negligence on the public highways while performing their job.
(7) "Tow operators will comply with all lawful orders given by Arlington Police
Officers.
(8) A request for service from the Arlington Police Department means that "a
rotational tow" service was requested. An owner's request for a special tow
company that is only relayed through the Police Department communication
system is not a request for service and therefore not part of the rotational tow
program.
(9) When requested, the tow company will provide justification to the Police
Department for the amount of fees charged a person when the tow was requested
under a"rotational tow." If the Police Chief determines that the fees charged
were unreasonable based upon the totality of the circumstances, the tow operator
will be given the opportunity to re-evaluate the bill.
(10) All employees of the towing company will have no felony convictions unless
they have had their full civil rights restored and are no longer under supervision of
any parole or probation officer.
Licensees called by the police department will be expected to respond and provide
service requested. Failure to comply with the provisions of Chapter 5.40 or these
rules may result in removal from rotational tow list.
Section 7. Arlington Municipal Code section 5.40.200 shall be and hereby is
amended to read as follows:
5.40.200 Additional rules.
The chief of police may make and enforce reasonable rules and regulations consistent
with this chapter, including provisions for inspection by the chief or his or her designee of
ORDINANCE NO. 2015-003 3
vehicles used under this chapter.
Section 8. Severability. Should any section, paragraph, sentence, clause, or phrase
of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this ordinance.
Section 9. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this day of
Gl i'LLI,Q Yl , 2015.
CITY OF ARLINGTON
t
Barbara Tolbert, Mayor
Attest:
Kristi anfield, City CI
Approved as to form:
Stevirn J. P ll
City rney
ORDINANCE NO. 2015-003 4