ARTICLE XIX. - WRECKER AND TOWING SERVICES
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (20) --- Cross reference— Vehicles and traffic, ch. 18.
Sec. 8-516. - Public safety requirements.#
It is necessary for the public safety to prescribe basic regulations for the operation of wreckers or tow trucks in police emergency situations in the removal of and towing away of motor vehicles which are illegally parked, apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure.
(Rev. Ords. 1987, § 8-416)
Sec. 8-517. - Purpose of article.#
It is the purpose of city council in enacting this article to provide a fair and impartial means of distributing requests for towing services among qualified firms and to ensure that such service is prompt and in the best interest of the public safety, as well as the interest of efficient policing operations for the removal from public streets of vehicles requiring towing, and to regulate the wrecker business in the city so as to discourage and prohibit wreckers or agents of wrecker services that have not been called for or notified by the police department or the owner of a wrecked or disabled vehicle from appearing at the scene of an accident.
(Rev. Ords. 1987, § 8-417)
Sec. 8-518. - Unlawful solicitation.#
It is unlawful for the owner or agent of any wrecker or towing service to go to any place where an accident has occurred for the purpose of soliciting business, unless called by the police dispatcher, the owner, or the operator of a disabled vehicle. Responding to a call upon notice from gas station attendants, taxicab drivers or other unauthorized persons shall be considered a violation of this article. No such owner or agent shall drive along or park on any street, bridge or highway within the city for the purpose of soliciting wrecker or towing service. The appearance of any wrecker at the scene of any wreck without having been notified to come to such scene by proper authority shall constitute prima facie evidence of violation of this article.
(Rev. Ords. 1987, § 8-418)
Sec. 8-519. - Use of police radio prohibited.#
It is unlawful for the owner, agent or driver of any wrecker or towing service to go to the location of a disabled or damaged vehicle by reason of information received by police radio or to interfere in any manner with police radio calls.
(Rev. Ords. 1987, § 8-419)
Sec. 8-520. - Solicitation of business by city employees prohibited.#
It is unlawful for any city employee to solicit business for, or suggest use of any wrecker or towing service, and any employee guilty of violating these provisions shall forfeit his right to continue as such employee and shall be subject to discharge.
(Rev. Ords. 1987, § 8-420)
Sec. 8-521. - Owner may select wrecker.#
The owner or operator of a disabled vehicle may request the police department to call any wrecker firm of his choosing to tow such vehicle.
(Rev. Ords. 1987, § 8-421)
Sec. 8-522. - When police may select wrecker.#
Whenever the owner or operator makes no selection of a specified wrecker service, the police department is authorized to call the wrecker service as indicated on the current wrecker service districts map as adopted by the city council.
(Rev. Ords. 1987, § 8-422)
Sec. 8-523. - Procedure for licensing.#
(a)
Any person desiring to operate a wrecker or towing service in the city shall first be required to complete an application form containing the information provided for in this section. The application shall set forth the following information and any other pertinent information as may be required by the city council:
(1)
The name, home address, and proposed business address of the applicant;
(2)
The location of applicant's place of business, the hours during which the business will be open for service, the number of and a description of the wreckers or towing trucks which will be owned by the applicant setting forth the serial number of each vehicle and if now owned, the name of the lessor. For the purpose of this chapter, "place of business" is defined as the actual location from where a wrecker or firm operates its wreckers and towing equipment;
(3)
Such other information as the city shall find reasonably necessary to effectuate the purpose and intent of this article.
(4)
The applicant must hold a certificate of public convenience and necessity issued by the division of public utilities and carriers for the state.
(b)
The city council shall be the sole licensing authority and any person so designated by a majority of the city council shall serve in accordance with the duly promulgated regulations of the city council for wrecker and towing services and shall be required to renew application on a yearly basis. All licenses issued by the city council under this article shall terminate on November 30 of the year in which the license was granted.
(c)
Whenever an application is filed with the city clerk, the applicant shall pay at the time of filing of such application a license fee of $25.00.
(Rev. Ords. 1987, § 8-424; Ch. 79, § I, 8-10-99)
Sec. 8-524. - Qualification for listing.#
Only licensed wrecker firms meeting all the requirements of this article and the regulations promulgated by the city council, and operating such wrecker and towing service 24 hours per day, seven days per week, shall be included on the city police department call list. Any such wrecker service must be located within the corporate limits of the city, and shall have been regularly engaged in such business for at least six months.
(Rev. Ords. 1987, § 8-425)
Sec. 8-525. - Quarterly inspection.#
All tow equipment operated by wrecker firms shall be inspected and approved quarterly by the wrecker inspector of the city.
(Rev. Ords. 1987, § 8-426)
Sec. 8-526. - Towing equipment.#
The minimum legal size for wreckers used by participating wrecker service companies on the city police department call list shall be one ton.
(Rev. Ords. 1987, § 8-427)
Sec. 8-527. - Debris removal required.#
Any wrecker furnishing service at the location from which any vehicle is to be removed shall, before leaving the scene, remove any and all parts of the vehicle being towed, whether broken away and severed from such vehicle, including all glass broken therefrom.
(Rev. Ords. 1987, § 8-428)
Sec. 8-528. - Regulations for wrecker and towing services.#
The city council shall promulgate regulations for wrecker and towing services in the city. These regulations shall be effective upon a majority vote approving such regulations after a public hearing thereon and shall be duly filed in the office of the city clerk.
(Rev. Ords. 1987, § 8-429)