DISCLAIMER

 

PUBLIC SAFETY COMMITTEE


08-025-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING WRECKER SERVICE LICENSING PROVISIONS, ALLOWING LICENSE REVOCATION FOR ANY VIOLATION OF LAWS, AMENDING SECTION 33-251 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

CITY PROPOSAL:

The city of Duluth does ordain:

     Section 1. That Section 33-251 of the Duluth City Code, 1959, as amended, is hereby amended to add a new sub-subsection 16 thereto which reads as follows:

Sec. 33-251.     License--revocation, suspension and disapproval of application.

     (a)  The following shall be grounds for the chief of police to revoke, suspend or disapprove of the application for any license issued under the provisions of this Article:

           (1)  Filing false information on an application;

           (2)  Failing to inform the city clerk of changes in required information within ten days of such change;

           (3)  Failure to have an insurance policy as required in this Article in force;

           (4)  Charging more than the rates allowed under this Article, or having done so in the past;

           (5)  Evading or attempting to evade the wrecker service fee limitations of this Article by providing services or performing acts not reasonably necessary under the circumstances;

           (6)  Violation by the licensee applicant or by any employee thereof of any provision of this Article;

           (7)  Use by the licensee of any trade name for his wrecker service other than the one registered with the city clerk or operating any wrecker service vehicle without the name of the proper wrecker service posted in the directed manner on such vehicle or with the name of another wrecker service appearing in place of the proper name;

           (8)  Two or more violations by a licensee or his employees of traffic laws of the city of Duluth or the state of Minnesota while furnishing wrecker services within one year;

           (9)  Soliciting business at the scene of an accident;

         (10)  Providing service which manifests a substantial lack of care or competence, or both, in the provision of wrecker service;

         (11)  Failure to respond to the scene of an accident at the request of the chief of police or failure to respond to the scene of an accident within 20 minutes of being summoned by the chief of police;

         (12)  Failure or refusal, when requested or summoned by the chief of police, to tow a disabled vehicle from a zone where the service is on the rotation list;

         (13)  Failure to clean up debris left at the scene of an accident when responding to the chief of police's request to tow a disabled vehicle at such scene;

         (14)  Failure to allow a rightful claimant of a towed vehicle to regain control of it within one hour of receipt of a request therefor, whether in person, in writing or by telephone, providing that appropriate payments are tendered;

         (15)  Failure to have or properly maintain any equipment or storage facilities , including secured indoor storage, required by this Article;

         (16)  A conviction of the licencee or its employee of any law or ordinance, other than a single traffic offense, arising out of or in conjunction with the licensed business of licensee.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


POLICE/ATTY     REA:nmj     3/12/2008


STATEMENT OF PURPOSE:  The purpose of this ordinance is to amend the existing grounds for revoking, suspending or denying re-issuance of a wrecker service licence under Article XVII of Chapter 33 of the City Code to include any violation of any law arising out of or related to the licensed business.


The city has licensed wrecker services for many years for the dual purposes of protecting the public from being “ripped off” by unscrupulous service operators and making sure that the wrecker services that wish to be on the city’s emergency wrecker service tow list provide prompt and appropriate levels of service.


This ordinance is in response to a situation where a towing service took possession of a vehicle but sold it to a third party. This is, of course (if proven), a crime. But at present this is not clearly grounds to revoke or suspend a wrecker service license. This ordinance would remedy this situation.