§ 10.58.050. Conditions on franchises.

Any towing company that obtains a franchise agreement pursuant this chapter shall:

A.

Comply with the city's zoning requirements.

B.

Have an office and storage facility in the same location within the city's boundaries, or within the city's sphere of influence, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible from the roadway. Unless otherwise authorized by the chief of police, such storage facilities shall contain a minimum of [sic] automobile storage spaces.

C.

Maintain a sign listing the rates and charges of all towing and storage services offered. Such sign shall be conspicuously posted in the office or other location clearly visible where customer financial transactions take place.

D.

Furnish each owner of an automobile impounded by the tow truck operator with a fully itemized billing.

E.

Maintain minimum operating hours for storage facilities of Monday through Friday, eight a.m. to five p.m., except holidays.

F.

Respond to police department calls twenty-four hours a day, seven days a week, within the response time as established by the chief of police.

G.

Agree to protect, indemnify, defend and hold harmless the city and the police department from all claims, demands or liability arising out of or encountered in connection with its agreement with the city or the performance of work in preparation for the towing operation, or claims, demands and liability occurring during the towing and subsequent storage and maintenance activities whether such claims, demands or liability are caused by the tow service or its employees or agents.

H.

Conduct its business in an orderly, ethical, businesslike manner, and use reasonable means to obtain and keep the confidence of the motoring public. Franchisee shall be responsible for the acts of its employees and agents while on duty and for damage to towed vehicles while in its possession.

I.

Maintain general liability, automotive liability, and workers' compensation insurance as required pursuant to Section 10.58.040(C)(4) of this chapter.

J.

Maintain service and financial records and to make them available for audit by the city at any time upon reasonable advance notice.

K.

Obtain and maintain a valid city business license to operate a towing company.

L.

Have tow truck operators who are qualified to do the work and who are subject to a background check to be conducted by the police department. The police department shall impose a fee on the towing company sufficient to cover the police department's costs in conducting the background check.

M.

Maintain proof of good safety records for their services and maintenance records for the company's vehicles, and make them available to the city at any time upon reasonable advance notice.

N.

Comply with all applicable federal, state and local regulations for providing towing service.

(Ord. No. 1089, § 2, 9-1-09; Ord. No. 1117, § 2, 7-20-10)