G45-76 Ordinance No. G45-76
AN ORDINANCE
PROVIDING FOR EMERGENCY TOWING AND THE TOWING OF ABANDONED VEHICLES
WHEREAS, the City of Elgin has a population of more than 25,000 and
is a home rule unit within the meaning of Article VII of the Constitution
of 1970; and
WHEREAS, subject to the limitations of Article VII, the City of Elgin
may exercise any power and perform any function relating to its government
and affairs; and
WHEREAS, it is in the public interest to provide the police department
of the City of Elgin with a means of calling on private towing services to
assist in removing abandoned vehicles and vehicles unlawfully parked upon
public streets and alleys, and to remove motor vehicles from the streets
which are disabled or wrecked or otherwise violating ordinances of the City
of Elgin; and
WHEREAS, it is necessary to prescribe minimum standards for those
towing services desiring to provide service on such occasions; and
WHEREAS, it is necessary to provide a fair and impartial means of
distributing requests for such towing services among qualified firms and
to insure that such service is prompt and reasonably priced, and in the
best interest of the public and in the interest of the efficient removal
of disabled and abandoned or otherwise unlawfully parked vehicles from
public streets and alleys.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. Any person, firm or corporation in the business of pro-
viding towing services for motor vehicles and that desires to participate
in the removal of disabled, abandoned or illegally parked motor vehicles
in the City of Elgin, and that is otherwise eligible according to the terms
of this ordinance to participate, may make written application under oath
to the City of Elgin as herein provided.
Section 20 Any person, firm or corporation desiring to participate in
providing towing services as described in this ordinance shall possess the
following qualifications:
(a) Shall be actively engaged in the providing of towing
services for motor vehicles for a period of at least six months
prior to the date of application with its principal place of
business in the City of Elgin or within one-half mile thereof.
(b) Shall own at least three tow trucks, designed and
equipped for the towing of motor vehicles, one of which shall
be capable of towing a vehicle with a rated gross vehicle weight
of 50,000 pounds.
MN
(c) Shall have in full force and effect policies of
insurance as follows:
(1) Workmen's Compensation - Statutory
(2) Public Liability - Bodily Injury $100,000/$300,000
Property Damage $100,000
(3) Automobile - Bodily Injury $100,000/$300,000
Property Damage $100,000
(d) Shall have a place of storage for vehicles towed which is
lighted, fenced and has a graded surface. Storage facilities shall
be in compliance with all applicable ordinances and statutes.
Section 3. Upon receipt of written application by any person, firm or
corporation desiring to provide towing service as described in this ordinance
which indicates that the applicant meets the minimum eligibility requirements
of this ordinance, the Chief of Police shall place said applicants name,
address and telephone number upon a roster to be maintained by him and shall
rotate the names of qualified applicants on a monthly basis and call upon
applicants to provide services as described in this ordinance as may be needed
from time to time during the month that the applicant is designated for such
calls. The roster shall be used for a period of twelve months after which new
applications shall be made. Applicants who are placed upon the roster shall
provide towing service during the month designated for service by the Police
Department and shall provide back-up service during the following month.
Section 4. Any person, firm or corporation engaged in the business of
providing towing services for motor vehicles whose name is placed upon the
register provided for under this ordinance shall have the following obligations:
(a) Services shall be available for all emergency tows on
a 24 hour basis including Sundays and Holidays; towing services for
all other vehicles shall be available during normal weekday working
hours.
(b) Applicants shall indemnify any and all persons, firms or
corporations, including the City of Elgin, for any loss sustained
by any unlawful or unauthorized damage to any vehicle which is
removed or stored pursuant to the terms of this ordinance.
(c) Applicants shall post signs depicting the rates and
charges authorized by this ordinance in a conspicuous place in
the applicant's principal office and the vehicle storage area.
(d) Applicants shall provide tow trucks, qualified drivers,
fuel, maintenance, repairs, permits, insurance and any other
items of expense or equipment necessary to render towing services.
(e) Applicants called to provide emergency towing services
shall assist in clean-up work at the scene of the occurence, under
the direction of the police department of the City of Elgin; such
clean-up shall include broom sweeping the street of broken glass
and removal of loose debris.
rim" (f) Upon notification by the police department for the need
for towing services, applicants shall immediately dispatch a tow
truck to the designated location. If service is not provided
within 20 minutes after notification by the police department,
the police department may call any other towing service to provide
the required service; thirty minutes shall be allowed for calls
originating between the hours of 11:00 p.m. and 7:00 a.m.
(g) Applicants shall bear the sole responsibility for the
safe keeping of all personal property and vehicle accessories
contained in or upon any vehicle that is towed at the request of
the police department.
(h) Applicant shall maintain log books and records of all
police tows and such book shall be open at all times to inspection
of the Elgin Police Department or other representatives of the
City of Elgin.
(i) No cars shall be released without authorization of the
Elgin Police Department. When claimed by the owner, applicants
shall provide an itemized statement of all charges made for towing
and storage of the vehicle and upon release the applicant shall
obtain from the owner a complete receipt for the vehicle and all
personal property and shall provide the Elgin Police Department
with a copy promptly.
(j) Applicant may dispose of unclaimed vehicles in the manner
provided by the Illinois Motor Vehicle Act.
(k) Stored motor vehicles shall be available for inspection
from Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m.
and on Saturday from 8:00 a.m. to noon.
Section 5. Applicants shall not charge for towing services performed at
the request of the City of Elgin at any rate greater than the following:
Passenger Cars $ 15.00
Trucks less than 15,000 lb. GVW factory rated capacity -
to include VW Buses, Econolines, Chevy Vans and pick-up
trucks $ 20.00
Trucks over 15,000 lb. GVW, but less than 45,000 lb. GVW $ 27.50
Trucks over 45,000 lb. GVW $ 34.50
EXTRA CHARGES:
Night towing surcharge (6:00 p.m. to 8:00 a.m.) $ 5.00
Dolly - when all four wheels are locked or missing
(night or day) $ 10.00
Storage:
For vehicles kept less than 24 hours No Charge
Outside storage rate per vehicle per calendar day $ 3.00
Section 6. Applicants agree to pay the City of Elgin the sum of $35.00
upon presentation of each valid junking certificate for the salvage rights
for any abandoned vehicle.
Section 7. Any person, firm or corporation whose name is placed on
the roster maintained by the Chief of Police for call for the providing
of emergency towing services who fails to provide such services in the
manner provided by this ordinance may be removed from the roster and shall
not be reinstated for a period of one year following removal and shall be
otherwise ineligible to contract with the City of Elgin to provide services
or materials.
Section 8. That all ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 9. That this ordinance shall be in full force and effect from
and after its passage in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: October 13, 1976
Passed: October 13, 1976
Vote: Yeas 4 Nays 1
Recorded: October 13, 1976
Published: October 13, 1976
All
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk