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TC Ord. No. 1979-21• 0 ORDINANCE NO. 21 SERIES OF 1979 A REGULATORY ORDINANCE CONCERNING WRECKER AND TOWING SER- VICES; PROVIDING FOR LICENSING OF WRECKER SERVICES BY THE TOWN AND REQUIRING CERTAIN STANDARDS; SETTING FORTH RULES AND REGULATIONS BY WHICH WRECKER AND TOW OPERATORS MUST ABIDE IN ORDER TO BE ELIGIBLE TO TOW VEHICLES PURSUANT TO REQUESTS BY THE AVON POLICE DEPARTMENT; REQUIRING NOTIFI- CATION OF THE AVON POLICE DEPARTMENT IN ORDER TO TOW CER- TAIN VEHICLES AND GRANTING AUTHORITY TO THE TOWN MANAGER TO ESTABLISH RATES TO BE CHARGED BY WRECKERS. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUN- CIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Definitions. As used in this Ordinance, the following words and terms shall be defined as follows: (A) "Chief" means the Chief of Police of the Town of Avon, his designee or designees. (B) "Operator" means any person operating a wrecker's towing vehicle. (C) "Towing list" means a list maintained by the Avon Police Department containing the names of those wreckers licensed by the Town who are to be requested by the Avon Police Depart- ment to respond to the scene of accidents or emergencies involving vehicles. (D) "Towing vehicle" means any vehicle used by a wrecker for the towing or transporting of other vehicles (or other property) in the course of his business. (E) 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 other wise removed from one place to another by the use of a motor vehicle adapted to and designed for that purpose. -1- • Section 2. Licenses - Application - Fee - CF=n AmY-Aa No wrecker shall have his name included on the towing list of the Town and be requested by the Avon Police Department to respond to the scene of an accident or emergency for the pur- pose of towing a vehicle without first having obtained a license from the Town Clerk. (A) Any application for a wrecker's license, other than a renewal thereof shall be accompanied by a nonrefundable application fee of twenty dollars. All applications for licenses, including renewal, shall be made upon forms made available by the Town Clerk. (B) The annual license fee for a wrecker shall be twenty dollars for each towing vehicle to be operated by the wrecker in the Town under the terms of this Ordinance. (C) Upon receipt of a license application and application fee from a person seeking a wrecker's license in the Town, the Town Clerk shall forward the application to the Chief of Police, who shall conduct such investigation as is necessary to determine: (1) That the applicant is a fit and proper person to conduct or work in the proposed business, and has not been con- victed 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, direc- tors and principal stockholders are of -2- • • 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) That the applicant has received and has currently in force a permit to operate as a towing carrier from the Colo- Public Utilities Commission. The failure of a wrecker to maintain a valid permit from the Public Utilities Commission shall be grounds for denial of a license or, if a license is in effect at the time, shall be grounds for revocation or sus- pension of the license as hereinafter provided; and (3) That the wrecker has adequate, safe equipment and an adequate record keeping system and can otherwise comply with the rules and regulations promul- gated by the Chief of Police as hereinafter provided; and (4) That the wrecker has currently in force public liability and property damage insurance or surety bond providing coverage sufficient to meet the require- ments of the rules and regulations,of the Colorado Public Utilities Commission governing towing carriers. (D) The Chief of Police shall within fifteen days return to the Town Clerk the application form together with his recommenda- tion for the granting or denial of the license. Should the recommendation be for denial of the -3- • • license, the Chief of Police shall state the reasons for such recommendation. The Town Clerk 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 Town Clerk 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 Town to be called by the Police Department to the scene of dis- asters, 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. Section 3. Rules and Regulations - Equip- ment - Records - Personnel - Rates - Authority of Chief. The Chief of Police shall within thirty days after the enactment 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 Town safe, efficient and dependable wrecker and towing service. These rules shall include, but not be limited to, the following: (A) The Chief of Police shall specify equipment at least the equivalent of that re- quired by the rules and regulations of the Colorado Public Utilities Commission governing towing carriers and such other necessary equip- ment as determined by the Chief of Police. -4- • • (B) The Chief of Police shall require the keeping of sufficient records to ensure compliance with the terms of this ordinance and the rules and regulations as promulgated. (C) The rules shall specify such steps as are necessary to determine that the opera- tors and employees of the wrecker are of good character and otherwise fit to participate in towing operations within the Town. (D) A schedule of reasonable rates to be charged by wreckers operating on the Town's towing list shall be established by the Town Manager or his designee or designees and it is unlawful for any wrecker to charge rates other than as set forth in said schedule when ever such wrecker provides 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 Town Manager, his designee or designees shall annually review the rate schedule to determine its adequacy and appropriateness and shall make such changes as he deems necessary. In setting or revising rates, the Town Manager or his designee or designees shall give con sideration to the rates charged for similar services in Eagle County. The rate schedule as set forth in the rules and regulations shall not apply to towing services conducted by a wrecker when his services are not rendered as a result of a request by the Avon Police Depart- ment. (E) The Chief of the Avon Police Depart- ment shall from time to time formulate, publish and promulgate such other rules and regulations as are reasonably necessary to effectuate the -5- purpose of this Ordinance, including, but not limited to the type of security required at the vehicle storage location, the hours during which the vehicle storage location will be open for the redemption of vehicles by their owners, the persons to whom towed vehicles may be re- leased and the procedures to be followed in connection with the release of towed vehicles and the payment of fines, towing fees and storage charges. Section 4. Suspension or Revocation of License - Procedure - Authority of Chief of Police. (A) Upon a showing that a wrecker has violated the provisions of this Ordinance or the rules and regulations provided for herein, the Chief of Police may suspend for a period or up to six months or revoke the license of any wrecker. Except as provided in subsection (D) of this section, such suspension or revocation shall not take effect for a period of ten days following service upon the wrecker of notice of suspension or revocation, which notice shall specify the reasons for which the action is being taken. (B) Service of the notice shall be by personal service upon the wrecker or his agent or by registered mail, return receipt requested, sent to the business address of the wrecker as shown on his license. (C) Upon receipt of a notice of suspen- sion or revocation, a wrecker may request a hearing before the Chief of Police. Such re- quest shall be in writing to the Chief of -6- • • Police and be made within seven 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 Chief of Police shall take the matter under advisement and shall issue a written opinion and decision within ten days. No action shall be taken against the license of the wrecker during the pendency of such proceedings. (D) In addition to the suspension or revocation procedures provided for in (A), (B) and (C) above, the Chief of Police may also issue a Summary Suspension order effective immediately and under which the license of a wrecker shall be summarily suspended for a period not to exceed fourteen days. Such Sum- mary Suspension Order shall only be issued upon a determination by the Chief of Police that the public health, safety and welfare require such immediate action. Any such Summary Suspension order shall clearly advise the licensee of the date and time at which the Summary Suspension shall expire. There shall be no procedures at the Avon Town Government for appeal from such a Summary Suspension Order, which should only be used when the normal notice of suspension or revocation and its attendant opportunity for a hearing does not provide an adequate solution. -7- 0 0 Section 5. Authorization to Tow - Notification of Avon Police Department. No wrecker licensed by the Town and no person engaged in the business of towing vehicles shall commence or originate the towing of a vehicle within the Town 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 first notifies the Police Department of the Town. Such notification shall include a description of the vehicle to be towed, the time of the tow, the destination of the tow and the reason for which the vehicle is being towed. (B) The owner or person in lawful pos- session of private property of the agent or employee of either of them may have a parked vehicle towed from such property when the ve- hicle is parked or obstructing a private drive way or on private property without the express or implied consent of the owner or person in lawful control of such a vehicle shall first comply with the requirements of subsection (A) of this section relating to notification of the Avon Police Department. -8- Section 6. Written Authorization to Tow - Rates and Hours. Notwithstanding any other provision of this ordinance, a licensed wrecker shall receive a written authorization from the person authori- zing a tow, prior to the commencement of a tow originating within the Town, which authoriza tion shall list the services offered and the rates and charges required therefor. A copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and telephone num- ber of the wrecker's business and the days and hours the business is open for the release of vehicles. Such copy shall also be signed by the towing vehicle operator performing the authorized service. Section 7. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any, reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause, or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. -9- r • INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS -2 6- DAY OF 1979, AND A PUBLIC HEARING ON THIS ORDINANCE S ALL BE HELD AT THE MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE '3 t;L DAY OF , 1979, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. Mayor ATTEST: i Town Clerk INTRODUCED, PASSED EAD ON SECOND READING AP ROVED AND ORDERED PUBLISHED THIS DAY OF , 1979. 41, - Mafia' ' ATTEST: Town Clerk -10- • STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A public hearing before the Town Council of the Town of Avon, Colorado, at 7:30 P.M. on the 9th day of October, 1979, at the Town Hall for the purpose of considering the adoption of ORDINANCE NO. 21, Series of 1979: A REGULATORY ORDINANCE CONCERNING WRECKER AND TOWING SERVICES; PRO- VIDING FOR LICENSING OF WRECKER SERVICES BY THE TOWN AND REQUIRING CERTAIN STANDARDS; SETTING FORTH RULES AND REGULATIONS BY WHICH WRECKER AND TOWN OPERATORS MUST ABIDE IN ORDER TO BE ELIGIBLE TO TOW VEHICLES PURSUANT TO REQUESTS BY THE AVON POLICE DEPARTMENT; REQUIRING NOTIFI- CATION OF THE AVON POLICE DEPARTMENT IN ORDER TO TOW CERTAIN VEHICLES AND GRANTING AUTHORITY TO THE TOWN MANAGER-TO ESTABLISH RATES TO BE CHARGED BY WRECKERS. A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this TOWN OF AVON, COLORADO By : Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON October 2, 1979. THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE) THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER