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In addition to applicable state law requirements and requirements of this chapter as now or hereafter amended, tow truck operators appointed or hired to perform towing service pursuant to this chapter shall observe the following practices and procedures:

A. When called by the police department, the tow truck operator will arrive at the scene within 20 minutes for Class A or B trucks and within 30 minutes for Class C trucks.

B. If, for any reason, a tow truck operator on rotation is unable to dispatch a tow truck within the stated time, the tow truck operator shall so advise the police dispatch center. In the event the tow truck does not arrive at the scene within 20 minutes for Class A or B trucks and within 30 minutes for Class C trucks, the police department will contact another tow business to perform the necessary services.

C. A tow operator on rotation who is unable to dispatch within the time stated in subsections (A) and (B) of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded.

D. Consistent refusal to respond or failure of the appointee to arrive within 20 minutes for Class A or B trucks and within 30 minutes for Class C trucks to calls from the police department for towing services may result in the suspension or revocation of the tow operator’s letter of appointment or towing contract.

E. The tow operator shall immediately advise the police department when he receives a private call for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other such incident on the public roadway. The tow operator also shall immediately advise the police department of all traffic accidents on private property resulting in bodily injury or death when the operator has received a private call for a tow at such an accident.

F. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway under the jurisdiction of the Lynnwood police department, or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated.

G. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to such scene unless his services have been specifically requested by the police department.

H. The tow operator shall be available 24 hours a day for the purpose of receiving calls or arranging for the release of vehicles. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and nonbusiness hours.

I. The tow operator shall have a secure storage area for the vehicles stored by the operator at the request of the police department. All storage areas shall be fenced, lighted and secure. Lighting will be of sufficient illumination to permit visual inspection of all vehicles stored during the hours of darkness. Fences will be of sufficient strength and height to discourage entry to the storage area, except through controlled gates. Each operator will have available an enclosed garage for use and storage of vehicles containing or considered to be evidence in criminal or civil proceedings. This enclosure will have all windows, if any, barred.

The storage area will be located within one mile of the city limits of the city of Lynnwood; provided, that this requirement can be waived by the city clerk if it appears that capacity of lots is not sufficient to meet the requirements of the city and so long as any lot is reasonably convenient to the residents of the city.

J. Tow operators will post current towing service rates in a conspicuous place at the company’s place of business. All rates for the city of Lynnwood requested services shall not exceed a uniform rate approved by the city council.

K. If the city clerk’s office receives written complaints from towing customers or the police department concerning appointed tow businesses alleging price gouging, overcharging, charging for services not received, and other such pricing abuses and/or any improprieties, it will cause such allegations to be investigated by the police department.

L. Tow operators will maintain, for three years, records on towed and released vehicles which were towed at the request of the police department. This record will include, but not be limited to:

1. An itemized receipt of charges to the claimant of the vehicle;

2. An inventory sheet, or copy thereof, made out by the officer at the scene of the tow and signed by the tow truck driver.

Such records will be available for inspection by the police department during normal business hours.

M. The tow truck driver will sign an inventory sheet made out by the officer at the scene of the tow, and receive a copy upon release of vehicle from impound.

N. Tow operators will obtain registration as a disposer by the Department of Licensing pursuant to applicable state requirements.

O. Each towing operator shall carry and shall provide proof to the city clerk of minimum insurance requirements of: $1,000,000 for liability for bodily injury or property damage per occurrence; and $100,000 of legal liability per occurrence, to protect against vehicle damage, including but not limited to fire and theft, from the time a vehicle comes into the custody of an operator until it is redeemed or sold.

The city clerk shall be notified within 30 days of any change which leaves the tow operator without the necessary minimum coverage. A copy of the insurance policy or certificate of coverage shall be filed with the finance director. The insurer shall notify the city clerk 30 days in advance of any cancellation if the policy is sought to be canceled.

P. Towing operators shall perform towing tasks completely and competently. The standard of competence shall be that quality of work which is accepted as efficient and effective within the towing industry. The chief of police will investigate all quality of work complaints, and report his findings to the city council. (Ord. 3404 § 3 (Att. A), 2021; Ord. 2246 § 1, 1999; Ord. 1621, 1988; Ord. 1573 § 3, 1987; Ord. 1201, 1981)