The purpose of this article is to provide a uniform system for licensing and regulation of tow companies which are engaged in, or intend to engage in the practice of towing, removing and storing of motor vehicles at the request of the Louisburg Police Department. It is hereby declared and found by the Louisburg Governing Body to be of vital importance to the safety of the traveling public for disabled vehicles and vehicles found abandoned on public streets to be removed as promptly as possible; that the delay in removal can impede the movement of traffic and can cause further accidents and that the solicitation of tows at accident scenes can lead to unnecessary traffic congestion and unsafe conditions; and that the towing of vehicles is a matter affecting public safety. Therefore, vehicle towing should be subject to City supervision and administrative control for the purpose of safeguarding the public. It is further declared and found by the Louisburg Governing Body 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 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 Louisburg Police Department, and who meets the requirements of all other provisions of this Article shall be eligible to be placed on a rotation list and called on a rotation basis.

(Ord. 1010; Code 2020)

(a)   No person shall operate a tow company, as defined in this chapter, in the City without first obtaining a City issued Tow Operators License.

(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 one (1) time, non-refundable $50.00 application fee as set forth by ordinance or resolution or as otherwise provided herein. Each approved tow company 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 annually pay a $50.00 renewal fee as set forth by ordinance or resolution or as otherwise permitted and renew their tow service provider agreement with the City. Renewals shall include updated insurance information.

(Ord. 1010; Code 2020)

The following requirements and criteria shall be met by any towing company seeking placement on the rotation tow list and designation as an authorized tow service provider.

(a)   Exclusive of state recognized holidays, each tow company shall be open and have a representative actually on the premises of the location or area where towed vehicles are stored or kept (9) hours per day, from eight o’clock (8:00) A.M. to five o’clock (5:00) P.M., Monday through Friday. In addition thereto, each tow company shall conspicuously post a sign upon their primary public exterior door or doorway area (not to exceed 2.25 square feet) stating the business name and telephone number where information can be obtained about any vehicle towed or stored by the business.

(b)   Tow companies and drivers must be available on a twenty-four (24) hour, seven (7) days a week basis.

(c)   Each tow company must have properly zoned adequate storage facilities within the corporate boundaries of the City or within a reasonable distance of the Louisburg Police Department, located at 209 S. Metcalf, Louisburg, Kansas. The outside storage areas shall be fenced and made adequately secure.

(d)   Each towing company must have available an indoor storage area, within a building for the purpose of protecting and securing recovered stolen property and processing of other vehicles’ contents.

(e)   Each tow company must agree to handle and tow abandoned vehicles in addition to tow requests received from the Police Department for damaged or disabled vehicles.

(f)   Each tow company must provide the City with proof of the following insurance protection:

(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)   Garage keepers 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 tow company 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)  Workers’ Compensation: Statutory

(B)  Employers Liability

(i)    Bodily Injury by Accident:        $100,000 Each Accident

(ii)   Bodily Injury by Disease:          $500,000 Policy Limit

(iii)  Bodily Injury by Disease:          $100,000 Each Employee

(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 insurance 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 otherwise approved by the City.

(g)   Each tow company must enter into and sign a Tow Service Provider Authorization and Indemnification Agreement.

(h)   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.

(i)    The criteria and requirements set forth in Subsection A through H of this Section shall not apply when the person whose vehicle is to be towed requests services from a specific tow company.

(j)    The tow company is solely responsible for cleaning all accident debris including but not limited to dirt, broken glass, metal, plastic, fiberglass and any other salvage debris that is associated with the accident. The use of oil dry or a similar product shall be used 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. 1010; Code 2020)

The Louisburg 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. The City will request that Miami County Dispatching utilize the tow rotation that has been assigned by the City. Errors or breaks in successive towing rotations arising from the dispatchers handling of multiple tow rotation lists shall not be the responsibility of the City of Louisburg. Tow providers that cannot be reached or cannot provide prompt response shall forfeit their turn and the dispatcher shall call the next succeeding tow company on the list.

(b)   The Louisburg Police Department shall not be obligated to use the rotation tow list for special events where more than one tow may be necessary, or in instances where tow operators have provided a delayed response or do not have the necessary equipment to handle certain vehicle recoveries.

(Ord. 1010; Code 2020)

All authorized tow service providers on the Police Department rotation tow list shall charge only those towing and storage fees, as provided below:

(Ord. 1010; Code 2020)

No wrecker or towing service or agent thereof shall prohibit or refuse to allow the owner/operator of the towed vehicle who has proof of title or registration to retrieve any medicine or medical supplies from such towed vehicle unless otherwise directed by the Louisburg Police Department.

(Ord. 1010; Code 2020)

Towing companies shall dispose of impounded vehicles in accordance with the statutory provisions of the State of Kansas. After any sale foreclosing lien created by K.S.A. 8-1103 et seq., and amendments thereto, the person or tow company conducting the sale of abandoned vehicle that was impounded at the request of the Louisburg Police Department, shall deliver a copy of the bill of sale, signed by the purchaser, indicating the date of sale, vehicle description and vehicle identification number and amount the vehicle was purchased for. The towing company must additionally provide an itemized list of tow and storage charges accrued for the vehicle. This information must be submitted to the Louisburg Police Department within seven (7) days of the date of sale. All monies derived from the sale of motor vehicles pursuant to this paragraph, which were towed and impounded at the request of the City of Louisburg, less any amount of the lien for towing and storage and expenses of sale shall be paid to the lienholder of record on the vehicle, and if there is no lienholder of record, shall be paid to the owner of record. If no lienholder or owner can be identified, the tow company shall pay the balance of remaining funds to the City Clerk within ten (10) days. Such funds will be deposited into the street fund.

(Ord. 1010; Code 2020)

The Chief of Police may order that the approval and authority of a licensed towing company be suspended or revoked and removed from the towing list. Such suspension or revocation shall be conducted by written notice to the towing company advising such service of its failure to comply with any of the requirements of this chapter or of the violation by such towing service of the following provisions for which a suspension or revocation may be based:

(a)   Obtaining the approval and authority to conduct business by fraudulent conduct or false statement.

(b)   The towing company violated the fee and charge schedule by overcharging.

(c)   The towing company consistently refuses to respond to requests for such service by the police department or dispatch and/or consistently fails to answer telephone calls when service is requested.

(d)   The wrecker or towing service responds to the scene of an accident, emergency, or impoundment when not specifically called to do so and solicits wrecker or towing business.

(e)   Failure to comply with any rules, statutes, zoning regulations, or regulations defined herein.

(f)   The City of Louisburg is not satisfied with the general services of the tow service and or employees of the tow company.

(g)   The towing company utilizes unapproved locations within the City for storage of abandoned vehicles or non-salvageable wrecks.

(h)   Failure to remit funds to the City resulting from the sale of abandoned vehicles.

(Ord. 1010; Code 2020)

The tow company may appeal such decision to the Louisburg Governing Body by filing notice with the City Clerk’s office within ten (10) days of receiving the notice of suspension/ revocation. The Louisburg Governing Body shall have the power to reverse, alter, modify and expand upon the actions previously ordered by the Chief of Police.

(Ord. 1010; Code 2020)

Any person who violates any provision of this Article shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five-hundred dollars ($2,500.00). In addition to any such fine, the court may sentence any person convicted hereunder to a period of confinement up to six (6) months in jail in addition to other remedies at law.

(Ord. 1010; Code 2020)