The purpose of this Article is to provide a uniform system for the licensing and regulation of tow companies which are engaged in or which intend to engage in the practice of towing, removing and storing of motor vehicles at the request of the Andover Police Department.
It is hereby declared and found by the City Council to be of vital importance to the safety of the traveling public for disabled vehicles and vehicles found on public streets to be removed as promptly as possible; that delay in removal can impede the movement of traffic unnecessarily and can cause further accidents; that the solicitation of tows at accident scenes can lead to unnecessary traffic congestion and unsafe and chaotic conditions; and that the towing of vehicles is a matter affecting public safety. Consequently, vehicle tows should be subject to City supervision and administrative control for the purpose of safeguarding the public.
It is further declared and found by the City Council that in order to protect the public, to protect the rights of persons whose cars may be towed, and to preserve the peace and safety of the community, the practice of towing, removing and storing of motor vehicles are matters affecting public safety, and any person desiring to conduct such a business as an authorized tow service provider shall be required to obtain a license, enter into a tow service provider agreement, and obey the regulations as hereinafter provided.
Any person desiring to perform tow services at the request of the Andover Police Department, and who meets the requirements of all other provisions of this Section, shall be eligible to be placed on a rotation tow list and be called on a rotation basis.
(Ord. 1676)
As used in this Article, the words and phrases defined in this Article shall have the following meanings, unless the context otherwise requires:
(a) “Authorized Tow Service Provider” means any person, firm, partnership or corporation engaged in the tow business that has been approved to provide rotation tow services for the City.
(b) “Dolly” means a low, non-motorized mobile platform that rolls on wheels to carry a load.
(c) “Impound” means to seize and hold a vehicle at the direction of the police department for evidentiary purposes.
(d) “Motor vehicle” means every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(e) “Owner” means the registered owner of the subject vehicle on record with the State Department of Revenue division of vehicles, or any other legally authorized person in control of the subject vehicle, such as a lessee, bona fide purchaser, or lienholder.
(f) “Person” means a natural person or a legal entity such as, but not limited to, an individual firm, association, joint stock company, syndicate, partnership or corporation.
(g) “Rollback or Flatbed Tow” means the use of a towing vehicle in which the vehicle being towed is fully loaded upon the bed of the towing vehicle.
(h) “Rotation Tow List” means the list of authorized tow service providers used by the Andover Police Department for rotation tows.
(i) “Storage” means the custody and control of a vehicle by a tow company or the City following a tow.
(j) “Tow Company” means any person, firm, partnership or corporation engaged in the towing business.
(k) “Tow” or “Towing” means the preparation of a motor vehicle for moving or removal or the actual moving or removal of a motor vehicle with or without the knowledge or actual consent of the owner or the person in legal possession of the vehicle for which a service fee is charged.
(l) “Tow Truck” means any truck or other vehicle adapted or used for the purpose of towing, winching, carrying or otherwise removing another vehicle from a given location for commercial purposes.
(m) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(n) “Wheel Lift” means the use of any type of towing vehicle in which a single set of wheels on the vehicle being towed are lifted.
(o) “Winch/Rollover” means winching vehicles from off the road, ditches, ravines, and other difficult situations.
(Ord. 1676)
(a) No person shall operate as an authorized tow service provider, as defined in this Article, in the City without first obtaining a City business license and paying the applicable license fee.
(b) Each tow company seeking placement on the rotation tow list and designation as an authorized tow service provider, shall make written application to the City and submit a non-refundable application fee as set forth in Section 18-703(d). If approved, the City business license as an authorized tow service provider shall be good for two years. Each authorized tow service provider shall also be required to enter into a tow service provider agreement with the City.
(c) Each tow company seeking to renew its designation as an authorized tow service provider shall pay a renewal fee every two years as set forth in Section 18-703(d) and renew their tow service provider agreement with the City.
(d) There shall be a two (2) year license fee of One Hundred Dollars ($100.00) for every authorized tow service provider. This fee shall accompany all initial and renewal license applications and no license shall be issued until the fee is paid in full.
(Ord. 1676)
The following requirements and criteria shall be met by any tow company seeking placement on the rotation tow list and designation as an authorized tow service provider.
(a) Exclusive of state recognized holidays, each authorized tow service provider shall be open and have a representative actually on the premises of the location or area where towed vehicles are stored or kept nine and one-half (9 1/2) hours per day, from 8:00 A.M. to 5:30 P.M. Central Time, Monday through Friday. In addition thereto, each authorized tow service provider shall conspicuously post a sign at the front of its business stating the business name and a telephone number where information can be obtained about any vehicle towed or stored by the business.
(b) Authorized tow service providers and drivers must be available on a twenty four (24) hour, seven (7) day a week basis.
(c) Each authorized tow service provider must have properly zoned storage facilities within the corporate boundaries of the City or within a three (3) mile radius thereof. Any outside storage areas shall be fenced, with a minimum six foot (6') high fence and shall be adequately secured.
(d) Each authorized tow service provider must have a storage area which is totally enclosed within a building either within the corporate boundaries of the City or within a three (3) mile radius thereof. This indoor storage shall be kept available for: (i) the protection and security of recovered stolen property, (ii) vehicles involved in major crimes and awaiting evidence processing, and (iii) to protect valuable property left in vehicles. This storage facility shall be adequately secured at all times.
(e) Each authorized tow service provider must have all tow trucks clearly and permanently marked with the name and address of the tow company on both doors of the vehicle.
(f) All tow truck operators of the authorized tow service provider shall wear shirts identifying the tow company’s name.
(g) Each authorized tow service provider must agree to handle and tow abandoned vehicles in addition to tow requests received from the Police Department for damaged or disabled vehicles.
(h) Throughout the term of any authorized tow service provider agreement, each authorized tow service provider must maintain insurance in the following type and amount and provide the City with proof of the following insurance protection upon execution of the Tow Service Provider Authorization and Indemnification Agreement:
(1) Commercial General Liability OR Garage Liability: Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage including products and completed operations.
(2) Business Automotive Liability: Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage. Policy must include one of the following:
(A) Any Auto;
(B) All Owned, Hired and Non-Owned Autos; or
(C) All Scheduled, Hired and Non-Owned Autos.
(3) Garagekeepers Legal Liability Coverage: Protection limits of at least $75,000 per garage location.
(4) On-Hook/Cargo: Protection limits of at least $50,000.
(5) Workers Compensation: Protection against all claims under applicable state workers compensation laws. The authorized tow service provider shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of workers compensation law. The policy limits shall not be less than the following:
(A) Employers Liability
1. Bodily Injury by Accident: $100,000 Each Accident
2. Bodily Injury by Disease: $500,000 Policy Limit
3. Bodily Injury by Disease: $100,000 Each Employee
(B) Workers’ Compensation: Statutory
(6) Proof of insurance must be furnished on standard Acord™ certificate of insurance forms. The City is to be named as an additional insured on all required insuring agreements, with the exception of Workers Compensation.
(7) The City will only accept coverage from an insurance carrier who offers proof that it:
(A) Is licensed to do business in the State of Kansas;
(B) Carries a Best’s policy holder rating of “A-” or better; and
(C) Carries at least a Class X financial rating; or
(D) Is a company approved by the City.
(8) Updated certificates of insurance shall be provided each time an authorized tow service provider agreement is renewed.
(i) Each authorized tow service provider must enter into and sign a Tow Service Provider Authorization and Indemnification Agreement.
(j) If the owner or other legally authorized person in control of the vehicle arrives at the scene prior to removal or towing of the vehicle, and is legally capable of removing the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half (1/2) of the applicable rate for such towing or removal, for which a receipt shall be given unless that person refuses to remove the vehicle from the property where it is otherwise unlawfully parked. There shall be no charge if the vehicle has not been connected to the tow truck.
(k) The criteria and requirements set forth in subsection (a) through (j) of this Section shall not apply when the person whose vehicle is to be towed requests services from a specific tow company.
(Ord. 1676)
The Andover Police Department shall maintain a list of authorized tow service providers to be used in providing rotation tow services for the City.
(a) When a tow is needed, the police officer will communicate the need for a tow to the police dispatcher on duty. On receiving this communication, the dispatcher shall call the next authorized tow service provider on the rotation tow list to remove the vehicle. On each succeeding communication, the next authorized tow service provider on the list is assigned. In the event an authorized tow service provider cannot be reached by the dispatcher or cannot provide the requested tow, that tow service provider shall forfeit its turn and the dispatcher shall call the next succeeding authorized tow service provider on the list. The dispatcher shall keep a continuous rotation of each authorized tow service provider on the master rotation tow list.
(b) Placement on the rotation tow list shall be by alphabetical order. In the event a new tow company becomes an authorized tow service provider, it shall be placed on the list in alphabetical order, regardless of the timing of its insertion.
(c) The Police Department shall not be obligated to use the rotation tow list for special events where more than one tow may be necessary. Instead, the City may enter into an agreement with one or more authorized tow service providers for the rights to tow vehicles, as needed at the request of the City, during those special events. For purposes of this Section, special events shall include, but not be limited to, festivals, sobriety checkpoints, or any other similar type event that is outside the regular duties of the Police Department.
(Ord. 1676)
An individual owner or operator of a vehicle requiring towing may elect to use any tow company whether or not on the rotation list, provided that the tow company is able to respond within 45 minutes under normal circumstances. If the owner of the vehicle requiring towing does not have a preference or is not able to articulate a preference for which tow company he or she would like to use, or he or she chooses to use a tow company that is unable to respond within the required 45 minutes under normal circumstances, then the officer shall request that the dispatcher call the next authorized tow service provider on the tow rotation list.
(Ord. 1676)
All authorized tow service providers on the Police Department rotation tow list shall charge only those towing and storage fees as established by resolution of the Governing Body.
(Ord. 1676; Ord. 1849)
The Police Chief, or designee, shall have authority to enforce reasonable practices and regulations for tow companies, subject to compliance with the provisions of this Article and K.S.A. 8-1102 through 8-1104 and amendments thereto, as deemed appropriate for the safety, well-being and protection of citizens and their property within the City.
(Ord. 1676)
(a) Suspension: The Police Chief may, for just cause, suspend an authorized tow service provider from the rotation tow list. Any such suspension shall be at the discretion of the Police Chief for a specified period of time or until the cause or reason for the suspension has been remedied to the satisfaction of the Police Chief.
(b) Revocation: The Police Chief may order the revocation of an authorized tow service provider from the rotational tow list for just cause. Such provider shall not be eligible for reinstatement for at least one (1) year from the date of revocation.
(c) Appeal: Such suspension or revocation shall be by written notice to the authorized tow service provider. The authorized tow service provider may appeal such decision to the City Council by filing notice with the City Clerk's office within ten (10) calendar days of the notice of suspension or revocation. The City Council shall have the power to reverse, alter, modify, uphold or increase any suspension or revocation ordered by the Police Chief.
(d) Vested Rights: Nothing in this Section or, specifically, the issuance of any license to any tow company, the utilization of any tow company, or the designation as an authorized tow service provider shall confer any vested property rights upon the tow company to continue on the City's rotational tow list.
(e) Termination: A tow company may terminate its designation as an authorized tow service provider, and therefore be removed from the rotation tow list, by providing five (5) calendar days written notice to the Police Chief.
(Ord. 1676)
No tow company or tow company employee, driver or contractor on duty with a tow company, shall stop, stand or park a tow truck at or near the scene of an accident or at or near a disabled vehicle within the City for the purpose of soliciting an agreement for towing services, unless such tow company, employee, driver or contractor has been called to the scene by the Andover Police Department, by another law enforcement agency, or by the owner of an involved vehicle or his or her authorized representative.
(Ord. 1676)
(a) Any owner of a vehicle towed pursuant to this Article shall have access to personal property in such vehicle for up to 48 hours after such vehicle has been towed, and such personal property shall be released to said owner unless it is being held or seized as evidence. The authorized tow provider will be notified of vehicles that are being held or seized as evidence by the Andover Police Department within two (2) hours after such vehicle has been towed. All vehicles being held or seized as evidence will be identified as such with a placard or other sign.
(b) The authorized tow service provider shall report the final location of any towed vehicle to the Andover Police Department no later than within two hours after towing the vehicle.
(Ord. 1676)
(a) The maximum towing, storage and other fees for any vehicle towed or impounded pursuant to this Article shall be as established by resolution of the Governing Body.
(b) These fees include materials for clean-up of all accident debris, including but not limited to the use of oil dry or a similar product to clean up any fluid spills.
(c) An authorized tow service provider may charge a full day’s storage fee for any portion of a day the vehicle is stored. Storage fees for Saturday, Sunday or holiday storage are only permitted if tow company personnel are on site and available to release a vehicle from at least 8:00 a.m. to 12:00 p.m. on those days.
(d) Every tow company, whether or not on the tow rotation list, is solely responsible for cleaning all accident debris including but not limited to dirt, broken glass, metal or broken pieces, and the use of oil dry or a similar product to clean up any fluid spills, etc., from the roadway unless otherwise directed by the City. All debris shall be removed and deposited in a trash receptacle at the tow company's place of business.
(Ord. 1676; Ord. 1849)
(a) Any person who violates any provision of this Section shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five-hundred dollars ($2500.00). In addition to any such fine, the Court may sentence any person convicted hereunder to a period of confinement of up to six (6) months in jail.
(b) Any penalty imposed by this provision shall be in addition to any other remedy at law or equity available to the City for any failure to comply with the provisions of this Section.
(Ord. 1676)