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HomeMy WebLinkAbout1213 - ADMIN Ordinance - City Council - 1973/03/05, ORIGM L MARCH 5, 1973 7C ORDINANCE NO. 1213 AN ORDINANCE REGULATING THE REMOVAL OF VEHICLES FROM PRIVATE PROPERTY BY TOWING OR OTHERWISE, BY ADDING SECTIONS 2:980.01 THROUGH 2:980.17 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Sections 2:980.01 through 2:980.17 are added to the St. Louis Park Ordinance Code, to read as follows: Section 2:980.01. Towing License Required. No person shall engage in the towing of vehicles when requested to do so by another person who is not the owner or operator of such a vehicle, and who requests that such a vehicle be removed from property owned, possessed or controlled by him and removed to other private property, without a license. The general provisions of Chapter Two of the Ordinance Code of the City of St. Louis Park relating to the issuance of licenses shall govern towing contractor licenses, except as they are inconsistent or in conflict with the provisions of this ordinance. Section 2:980.03. Bond. An applicant for a license shall be required to file with the city clerk a bond in the penal sum of $10,000 conditioned upon the proper handling and safekeeping of towed vehicles, accessories and personal property, and the guaranty of reimbursement to owners for loss. Section 2:980.05. Insurance. Before a license shall be issued the applicant shall furnish a certificate of public liability insurance approved by the City Attorney showing that the applicant is insured against liability imposed by law for bodily injuries or death in the sum of $100,000 for any one person and in the sum of $300,000 for two or more persons from the same accident or occurrence, and for damage to property in the sum of $50,000 in connection with or by reason of the operations of the licensee. The applicant shall also be insured for not less than $10,000 for fire and theft and $5,000 for garagekeeper's liability. The City shall be named as an additional insured in this insurance. The policy shall provide that the coverage may not be terminated by the insurer except upon ten days' written notice to the City Clerk, and if such insurance is terminated and the applicant shall fail to replace the same with another policy conforming to the requirements of this section, the license shall automatically be suspended until the insurance has been replaced. Section 2:980.07. Identification of Vehicles. All tow trucks used by private property towing contractors shall have the operating name and telephone number of the licensee painted in a permanent manner on the outer side of each door of the cab, or the front doors of the vehicle, in letters of not less than three inches in height. 0 Section 2:930.09. Driver Permit Required. No person shall drive or operate a tow truck in the City of St. Louis Park, and no person who owns or controls a tow truck shall permit it to be so operated, and no tow truck licensed by the City of St. Louis Park shall be operated as such, unless the driver has received and shall have then in force a permit to do so issued by the City Manager under the general provisions of Chapter Two of the Ordinance Code of the City of St. Louis Park relating to the issuance of licenses. At all times when so engaged he shall bear with him this permit and exhibit it on demand to public safety and license department personnel, or concerned citizens. This permiN shall be issued to the applicant if the city manager finds that the applicant has a valid chauffeur's license issued by the State of Minnesota and has satisfied the applicable provisions of the City ordinances. Section 2:980.11. Fixed Service Fee. When the owner or operator appears before the intended vehicle is hooked to the tow truck, the tow truck operator shall allow the vehicle to leave without the payment of any fee or towing charge. Where the tow truck operator has the vehicle on the hoist and the wheels thereof raised from the ground and the owner or operator thereof appears before the tow truck has left the private property, the tow truck operator shall release the vehicle upon payment of a fixed service fee of $3.00 and give a receipt for the payment. Section 2:930.13. Notice to Owner. When a licensee notifies the Police Department of the receipt of a towed vehicle, he shall obtain from the Police Department the name and address of the latest registered owner. Within 24 hours of the receipt of a vehicle, which has not been reclaimed, the licensee shall deposit in the mail a notice to the latest registered owner indicating the location of the vehicle and the applicable charges. Section 2:980.15. Tow Order Form and Police Report. Every licensee shall use a printed order form that includes the name of the towing service, address and telephone number of the storage lot, and the name of the person authorizing the tow, listing his name and signed by him in a legible manner, his address and telephone number and listing the time the tow was ordered. The tow truck driver shall have this authorized signed tow order form in his possession before hooking up to the vehicle. The amount charged for the tow shall be included on this order form and a copy of this form shall be given to the individual when he reclaims his vehicle. Every licensee shall, immediately upon receiving a towed vehicle, notify the Police Department, giving the license number and description of the vehicle, a description of the location from which the vehicle was removed, and the location of the storage lot where the vehicle is impounded. Section 2:930.17. Fees. The annual license fee shall be $75.00. The annual driver permit fee shall be $10.00, -2- 1 Section 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300.00 or by imprisonment for a period of not to exceed ninety days or both. Section 3. Effective Date. This ordinance shall take effect fifteen days after its publication. At st: i y Clerk Adopted by the City Council March 5 /1973. 111 %S% I Reviewed for administration: - City Manager -.3- Mayor Appr ed as to for and legality: City ttorney • SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION Si LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 5t. County of Hennepin J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said 0 wspaper is circulated in and near the municipality which it purports to serve, has at least copies regularly delivered to paying subscribers, has an average of at least 75% of its total culation currently paid or no more than three months in arrears and has entry as second-class atter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park the County of Hennepin and it has its known office of issue in the City of Bloomington in aid county, establlshed and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical 'Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1213 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Ono successive weeks, that it was first so published on Thura the 8 day of March 193 and was thereafter printed and published on every to and including —the day of 19 and that the following is a printed copy the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being e size and kind of type used in the composition and publication of said notice, to -wit abcdefghi j klmn opgrstuvwxyz abcdeighi jk lmnopgrstuvwxvz Subscribed and sworn to before me thio 8 day of G M Vest, Notary Public, Hennepin County, Minn My Commission Expires April 18th, 1979 March , 19 (Official Publication) ORDINANCE NO 1213 AN ORDINANCE REGULATING THE REMOVAL OF VEHICLES FROM PRI- VATE PROPERTY BY TOWING OR OTHERWISE, BY ADDING SECTIONS 2 060,01 THROUGH 2 060,17 THE CITY OF STr LOUIS PARR DOES ORDAIN 4 R Section 1 Sec.ions2 980 01 through 2 96017 are added',to the St Louis Park Ordinance Code, to read as follows Seed° 2 98081 Towing License Re- quired No person shall engage in the tow- ing of vehicles when requested to do so by another person who is not the owner or operator of such a vehicle, and who re- quests that such a vehicle be removed from property owned, possessed or con- trolled by flim and removed to other pri- vate property, without a bcenae The gen- eral provisions of Chapter Two of the Or- dinance Code of the City of St Louis Park relating to the issuance of licenses shall govern towing contractor hcenses, except as they are inconsistent or in conflict with the provisions of this ordinance Section 98883 Bond An applicant for a license shall be required to file with the city clerk a bond m the penal sum of 110,- 000 conditioned upon the proper handling and safekeeping of towed vehicles, acces- sories and personal property, and the guaranty of reimbursement to owners for loss Seetlon 2 980 83 Insurance Before a license shall he issued the applicant shall furnish a certificate of public liability insurance approved by the City Attorney showing that the applicant is insured against liability imposed by law for bodily injuries or death in the sum of 9100,000 for any one person and in the sum of 8300,000 for two or more persons from the same accident or occurrence, and for damage to property in the sum of 150,000 in connection with or by reason of the opera - bons of the licensee The applicant shall also be insured for not less than 810,000 for fire and theft and 85,000 for garage - keeper's liability The City shall be nam- ed as an additional insured in this Insur- ance The policy shall provide that the coverage may not be terminated by the insurer except upon ten days' written no- tice to the City Clerk, and if such insur- ance is terminated and the applicant shall failto replace the same with another pob- cy conforming to the requirements of this section, the bcenae shall automatically be suspended until the insurance has been replaced Seetlon 2 860 07 Identification of Vebldes AI tow trucks used by private property towing contractors shall have the operating name and telephone num- ber of the licensee painted in a permanent manner on the outer safe of each door of ' the cab, or the front doors of the vehicle, in letters of not less than three inches in height Section 2 988 N Driver Permit Re- quired No person shall drive or operate a tow truck in the City of St Lows Park, and no person who owns or controls a tow truck shall permit it to be so operated, and no tow truck bcenaed by the City of St Louis Park shall be operated as suds, unless the driver has received and shall have then in force a permit to do so issued by the City Manager under the general provisions of Chapter Two of the Ordi- nance Code of the City of St Louis Park relating to the issuance of licenses At all times when so engaged he shall bear with him this permit and exhibit It on demand to public safety and license department personnel, or concerned citizens This permits shall be Issued to the applicant if the city manager finds that the applicant has a valid chauffeur's bcense issued by the State of Minnesota and has satisfied the applicable provisions of the City ordi- nances Sectio. 2 08011 Filed Service Fee When the owner or operator appears be- fore the intended vehicle Is hooked to the tow trick, the tow truck operator shall allow the vehicle to leave without the payment of any fee or towing charge Where the tow thick operator has the ve- hicle on the hoist and the wheels thereof raised from the ground and the owner or operator thereof appears before the low truck has left the private property the tow truck operator shall release the vehi- cle upon payment of a fixed service fee of 53 00 and give a receipt for the payment Sectio. 2 860 13 Notice to Owner When a licensee notllies the P,ofce De- partment of the receipt of a towed vehi- cle, he shall obtain from the Police De- partment the name and address of the latest registered owner Within 24 hours of the receipt of a vehicle which has not been reclaimed, the licensee shall deposit in the mail a notice to the latest regis- tered owner indicating the location of the vehicle and the applicable charges Sectio. 2 880,15. Taw Order Form aad Pollee Report Every licensee shall use a printed order form that Includes the name of the towing service, address and tele- phone number of the storage lot, and the name of the person authorizing the tow listing his name and signed by him in a legible manner, bis address and telephone number and listing the time the tow was ordered The low truck driver shall have this authorized signed tow order form m his possession before hooking up to the vehicle The amount charged for the tow shall be included on this order form and a copy of tine form shall be given to the in- dividual when be reclaims iia vehicle Every licensee shall, immediately upon receiving a towed vehicle notify the Po- lice Department, giving the license num- ber and description of the vehicle, a de- scription of the location from winch the vehicle was removed, and the location of the storage lot where the vehicle is im- pounded Section 2 880 17 Fees The annual b- eeline fee shall be 875 00 The annual driv- er pternit fee shall be 810 00 Section 2 Penalty Any person violat- ing the provisions of thea ordinance shall be guilty of a misdemeanor and upon con- viction shall be punished by a fine of not more than 8300 00 or by impnsonment for a period of not to exceed ninety days or both Section 3 Effective Date This ordi- nance shall take effect fifteen days after its pubbcation Adopted by the City Council March 5 1973 /s/ FRANK J PUCCI Mayor Attest /s/ EARL E HANSON City Clerk Reviewed for administration _ • • a 3 3 • • • • • —ww Arg %1011 7 completed his event in