137 of 1975 - adding sections 20-32-9 through 20-32-21 defining and establishing license and operation requirement ROLL CALL
VOTING Salt Lake City,Utah, November 12 ,1975
Mr Chairman.... MIN
Gr ener
I move that the Ordinance be passed.
�� f1
Ha msen MU-
H.gensen
Ph Hipsr ,.(cf&
Re ult ■■ AN ORDINANCE
AN ORDINANCE AMENDING Chapter 32, Title 20 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to wrecker service, by adding
thereto new sections 20-32-9 through 20-32-21.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Chapter 32 of Title 20 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to wrecker service, be, and the
same hereby is, amended by adding to said chapter 32 new sections
20-32-9 through 20-32-21, to read as follows:
Sec. 20-32-9. Definitions. The following words and phrases,
whenever used in this chapter, shall be defined as provided herein
unless a different meaning is specifically or more particularly
described.
(1) Person. "person" includes an individual, a firm,
a copartnership, a corporation, a company, an association or
a joint stock association.
(2) Towing operations. "Towing operations" shall mean the
business of towing for compensation motor vehicles within the
corporate limits of Salt Lake City whether or not the towing
extends beyond the city limits. Such business shall also
include the storage of the towed vehicles, pending their return
to the owners, by the person who towed such vehicle or by some
other person for the person who towed such vehicle.
Sec. 20-32-10. License required. It shall be unlawful for any
person to engage in towing operations within the corporate limits
of Salt Lake City unless the person operating such business has
applied for and obtained a license to do so, which license shall
be applied for, granted and in existence, all in compliance with the
provisions of this chapter and such license shall be in addition
to the license required by Section 20-32-1.
Sec. 20-32-11. License fee. The fee for obtaining a license
required by Section 20-32-10 shall be fifteen„($15) per annum or
portion thereof. C/!`iC.1,LJ
Sec. 20-32-12. Application for license. Application for license
hereunder shall be filed in writing with the city license assessor
and collector on a form to be provided by the city which shall
specify:
(1) The name and address of the applicant, and if a firm,
corporation, partnership, association or club, the principal
officers thereof and their addresses.
(2) If the applicant is a partnership, the requirements of
the preceding subsection shall be given regarding each member
of the partnership, together with the name of the person who is
to be in active charge of the partnership.
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(3) If the applicant is a corporation, the information
required by subsection (1) of this section shall be given
for each officer and active member of the corporation.
(4) The name and location of the principal place of business.
(5) A statement disclosing whether any person listed in
the application has ever been convicted of a felony or mis-
demeanor, and, if so, the nature of the offense, and where and
when it was committed.
Sec. 20-32-13. Exemptions. The provisions of this chapter
shall not apply to any towing operation:
(1) That provides tow service exclusively to members of an
association, automobile club or similar organization, and receive
remuneration only from the sponsoring association, automobile
club, or similar organization;
(2) That provides tow service without charge or fee for other
vehicles owned or operated by the individual or organization
furnishing the tow service;
(3) That provides tow service for other vehicles owned or
operated by the Individual or organization furnishing the tow
service, but which are being operated under terms of a rent or
lease agreement or contract, and such towing is performed on a
non-proft basis or said fee is a part of the rent or lease
agreement or contract;
(4) That being located in another city, enters Salt Lake City
on a non-emergency towing assignment for the purpose of towing
a disabled vehicle back to said city for repairs.
A non-emergency towing assignment includes towing of vehicles
that have been involved in a collision, but have been removed from
the scene; that have experienced mechanical failure, but have
been removed from the roadway and no longer constitute a hazard;
or that, being mechanically operative, are towed for convenience.
Sec. 20-32-14. Standards for issuance and renewal of license.
The license assessor may issue or renew a license hereunder when
he finds:
(1) That all persons listed on the application are fit
and proper persons to conduct or work in the proposed business
and have not been convicted of theft, embezzlement or any other
offense involving the lawful use, taking or conversion of a
vehicle belonging to another person; and
(2) That the requirements of this chapter and all other
governmental laws, ordinances, rules, and regulations have
been met.
Sec. 20-32-15. Insurance required. Every person conducting
towing operations shall produce evidence of insurance with minimum
coverage as required by the public service commission of the
State of Utah for a standard cargo policy. A copy of the insur-
ance policy or a certification from the insurer as to duration,
kind, and extent shall be filed with the city recorder's office.
Sec. 20-32-16. Itemized statement--when required. A person
conducting towing operations shall furnish an itemized statement
of services performed, labor and special equipment used in completing
a tow of a vehicle, and the charges made therefor to and upon the
.'equest of:
(1) The person requesting the towing service; or
13 i
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(2) The legal owner of the vehicle towed; or
(3) The registered owner of the vehicle towed; or
(4) The insurance carrier of either 1, 2, or 3 above; or
(5) The duly authorized agent of any of the foregoing.
Such records shall be furnished by the licensee to any person
authorized by this section to receive such statement without demanding
payment as a condition precedent.
Sec. 20-32-17. Illegal towing. Except when a wrecker or operator
is acting as an agent for a legal repossession of a motor vehicle, it
shall be unlawful:
(1) For any wrecker or operator to tow or otherwise move a
vehicle from any area or portion of a public street without the
consent of the owner or custodian thereof, unless he shall first
notify the police department;
(2) For any wrecker or operator or any other person to tow or
otherwise move a vehicle or authorize the removal thereof from
any private road or driveway or from any other privately owned
land or property within the city limits, except;
A. When said wrecker or operator is requested to perform
towing services by the owner or custodian of said vehicle;
B. When said wrecker or operator is requested to perform such
towing services by an owner or custodian of private property on
which said vehicle is parked, provided, however, that the foregoing
notwithstanding, no person shall tow, remove, or authorize said
removal of a vehicle from private property without the consent of
the owner or custodian thereof, unless:
(1) The property is posted with signs at all entrances or
at other conspicuous locations in such a manner that the subject
vehicle's operator could have read the same, notifying him that
unauthorized parking would result in removal of the vehicle at
the owner's expense. Such signs shall be of sufficient size,
legibility and location, with reference to the vehicle subject
to tow, as to reasonably provide notice that defined unauthorized
parking will result in the removal of said vehicle at the owner's
expense; or
(2) Every reasonable effort has been made to locate the
owner of said vehicle. For purpose of this subsection, it shall
be deemed that a reasonable effort has been made if:
a. A vehicle is parked in the driveway or easement of
ingress and egress to a dwelling used for residential
purposes and it is determined that the vehicle operator is
not within the vehicle and is not an invitee of the owner
or legal occupant of the real property having a right to use
said driveway or easement;
b. A vehicle is parked in a designated parking lot
conspicuously posted with signs of sufficient size,
legibility, and location, with reference to the subject
vehicle, to provide reasonable notice to the operator
thereof that the parking facilities are only for the use
of patrons of a stated business establishment and, further,
if a written notice of the intent to tow or remove said
vehicle has been placed on the windshield of the said
vehicle for a period of two (2) hours prior to the tow or
removal.
137
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(3) For any wrecker or operator or any other person to
fail to notify the police department prior to the removal
of the vehicle from private property when said vehicle is
to be removed more than 300 feet from said private property,
and when such removal is requested by a person other than
the owner or custodian of said vehicle. All such notice3 to
the police department shall include a description of the
vehicle, the license number thereof, the address and tele-
phone number of the towing company and the location where
the vehicle may be reclaimed by the owner thereof, together
with such other information as the police may request or
require.
(4) For a wrecker or operator to require an owner or
custodian of a vehicle located on private property, which
vehicle said wrecker or Operator has been authorized to tow
or otherwise move, to pay service charge in excess of ten
dollars ($10.00) when said owner or custodian arrives before
such vehicle is removed. ;
Sec. 20-32-18. Signs. `All.. signs required under the provisions of
this chapter shall be of suff-icient size and legibility as to rea-
sonably provide notice to persons entering upon real property that
unauthorized vehicles will be 'removed at the owner's expense and shall
contain information to inform the vehicle owner where his vehicle may
be reclaimed. Said information, at a minimum, will contain the
telephone number where the vehicle owner may obtain information as
to where, when, and how the vehicle may be recovered.
Sec. 20-32-19. Towing authorization. Nothing in this chapter
shall be construed to authorize the towing and/or make any towing of a
vehicle legal where such would otherwise be illegal, whether criminally
or civilly.
Sec. 20-32-20. Exclusion. The provisions of section 20-32-9
through 20-32-19 shall not apply to any towing of a vehicle or storage
thereof where such vehicle is being or has been impounded pursuant to
section 46-20-284 of this code.
Sec. 20-32-21. Penalty. Any person guilty of violating any of
the provisions of this chapter shall be deemed guilty of a misdemeanor
and punishable by fine not to exceed S299 or imprisonment not to
exceed six months or by both such fine and imprisonment.
SECTION 2. This Ordinance shall take effect January 1, 1976.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
12th day of November 1975.
MAYOR
7i 7,e-al CI• Y 1CO .�'
CITY ORDER
(SEAL)
BILL NO. 137 of 1975
Published November 19, 1975
�'3
AON-aOA
Affidavit of Publication
STATE OF UTAH, 1
Jr SS.
County of Salt Lake
AN ORDINANCE
AN RDINANCE AMEND (hooter 32, Title 20 of the Revised
Ordinance's.newoSronim 3Ctarn'ff.nleu',raiatlnu to wrecker sera..by ending Slj1Y'9Lt Play(llw
9e it ordained by the Board of Cnmrnl,sloners of Salt Lek,CITY,Utah.
CT ION I.That Chanter 32 of Title 20 of the Revised Ordinances of Salt
I ale, Utah,196s,relating to wrecker servlrn,be,and I.hc same.hereby Is.
.eaeo;f by adding to tam chapter 31 new sa<doeo 20 31-0 through 10-32-2,.o Beingfirst duly sworn,deposes and says that he is legal adver-
as 1a32.9: 7P 'Y �'
h,..a er,snfl'beef ."a.'pr'os..heronu�essadi whenever ;Is tisi.ng clerk of the DESERET NE�/S, a daily (except Sunday)
sew...- or more.fticularlY described
i person."Person^Incl°das an lnalYlduan a firm,a�parthersnlp,a newspaper rinted in the English language with general (ir•-
ra.,a company,an assoclafi0n or a Imnl slack association. P g
°r(11 Towing operations."Towing operatiens-shall men the business m culation in Utah, and published in Salt Lake City, Salt Lake
nsation motor vehicles within Me corporate limits nl Salt Lake
Ob.whether compensation
the towing extends beyond Ilse city limes.Such buISIMPS, County, on the State of Utah.
shall also by redpe_rw¢nswhnt°wodage of r such loaf.
on by"s me otheritpersson foturn r the
b M1a towedwene roes e.
"..o operations
Lns wit tin t lid It oral be unlawful Salt any Person flyn engage the
In r�tisuch busine'ea°hCOanaoofrm'for'and obtaiid Loire ticonse to lie smell That the legal notice of which a copy is attached hereto
which licenseoperate.
ishali be entailed for,grunted and In extsence,all M romping).
provisions of this chapter and such license shall be in addition to the
license cmnW by Section 20a2.1 Published an ordinance relating to wrecker service
Sec
. 0-31.11.License fee.The tee for obtaining a license required br
Section 10.]}10 shall be Reen"dollars($ls)per Annum or portion thereof
Sec.20-32-11.Application for license.Alopllretlan for license hereunder,
fill Pe filed in writhe;with Me city Pcnse assessor and.lector On a form .to
b,provided by Me city sent..shall smelly-.
III The name And address of the applicant,and If firm,corporation;t!
Partnership,association or cub,Ibe orindpal officers thereof and Mee'.
lot li she ao011rant Is a partnership.Me requirementsof the preceding
subsection shall given rein each meant,of the
parMe.aM°..other
with
)ehanisnWII0etn,henoher ot r 501,P 113tanllct person
roltmaton 000edd,subseciioro __--._-_.__-___..
()l of this section shall be given for each officer and active member of the•
`r The name and location of the principal place o1 business In . ------ ---
MI A statement disclosing whether any person listed-In the anollcatlon hes
ever been convict.of a felony Or misdoeanor,and.If sit.the nature Of the
fense, m and where and when mined.
Sec.2032.13.Exemnrl°ns'The provisions of this chapter shall not apply to
gnu Il 25 Omrallont - --'
That
ortlsimiilar'service
pain exclusively
tion sand receive members
an
only from
moniw<I°b,ohsbaelao.organiaan°"' was published in said newspaper on
o automobileenr operated by the lndiviaoei°r eresaleeibn furnishing the'tow ser`vvice`s w"(3)That prov'tdos low servlte for other vehicles owned or ooeraled by the
Individual,
o tr.ated ender a or a rent u;me"b greeement or contra°cli.aria ucho being November 19, 1975
IS perform.on a nonffrofil basis°r SOW lee is a part of the re,or Iatse
;re
gntorcontr,:
am rB ncn fowing ahslonm<nfor M r e W'roow�°I towing a disabedsvenlcle
'back I0 said city for repairs.
A.nonfemergencv towing assignment Includes lowing of vehicles that have
e%n Involved in a colllslon,but have been removed from the scene,that have
ersenc.mechanical Miltme.but have been removed from Me roadway and
TIP longer constitute a hazard;Or Met,being mechanically operative.are towed • /'
tar convenience.
Sec mo-3y-iced Standards for issuance and renewal of license_The license Leal Advertising Clerk
" Issue or renew a license horean.r when by finds-
(i) g O
conduct orawork Inrthe oreeeocddotheasin,and lhavernorebeen c°onvictpersons
il of theft,,
embezzlement o other of tense involving the lawful use,taking or
onv c of a vehiclenning belo to another oho and '
(2)s . and Thal the requirements of this cpter all other g°vernmen1a11aws.
ordlnences:rues,and reaulatlom have been met.
Sec. 20-32-1, Insurance rmsuired. Every m conducting howl.
lie operations Me�'public`rvice0ccom`of mission mine staid o Mu an for a staanderd 28th
policy.A COP,of Me in pelicy or ncertification from Me Insurer
me this _ day of
a to duraubn,kind,and extent insurance
filed with the city recorders of II
Sec.20 32-16.Itemized statement- when required.A person conducting /1 75
towing operations shag furnish an itemized statement of iervian,performed, A.D. 1'/.
labor and d¢rag afore to a.IIISOO'n "eaoearof e w n a Ye l and fee •
(11 Tlse person requesting the rowing semeice;or o
DI The legal owner of the vehicle towed:or
13)Thereoisfored owner of the vehicle towed;or
(al The lnsorance rattler of other 1,2,or 3 above,or /
Suce recordsuly ashallrbc�fu agent
by tiro lof lcenuc to env person author,.by
this section ro reserve such statement without demanding payment as a ,(
condition orec.em.
S agent a ailega'I eons session of a mfotor vehicle,It sun be when a wrecker or unlawful tl"gas
an a; tow or othOrwiee m°ye a ynni<Ie beam Notary Public
peter oil public operator
street without the a owner or
custodian thereof,unless he shoo first notify the police den consent
°
(21 For.any wrecker or operator or any other person to tow or other..
vehicle o authorize the removal thereof m vain road o
drivewa any other privately owned an er properly within the city
Limes,except10r" r P Sec.10.301 tit.tens_All - required u.er the provision of Ibis<ne}r
by rl a wnero custoC wrecker
said vehicle fCpVosrea to perform towing services snau beeor Icimr sec lino°iegibuily es r ably proyiae.rice tg
B.wn<n said wrecker or operator Is rev°eslM to perform such rowing of rno"owner'Iso upee real O operlrm,r vneuftorizp0 Y<mcles win be,emovee
services by an owner Or cusf.lan of private property on which said volume is wl l ec wires a rMixvpniciaamev be'kecla reclaimed 5°eiE in merionsuAi a moinimura
parked,movidM..w lie Mot the Iorelita notwithstanding.no meson shall
n Me Teiephne n
sow remove,or authorize said removalo Ave de from Private property °"fa Limper where Me vMkle wner m y.fain
without the consent of eow.,or cusodian Meroot.unless: inrormafion as to where,wbenrcand now red VMId9 mar W racoveraC,
(.1)The Property Is led aIM signs t all entrances or at other Sec, Nl-St'14 Towing authorization_Nothing in eO,ryuphr ytsae ba
us!castle.In ouch m Mal the subject vehicle's operator Stilled 10 autM1prize Me rowing one/or make any fowl rle ra k+ekk N9el
could read Me same,norl,Yitte him that unauthorized parking welled result-- where such would otherwise be Illegal;whether eeimmally tar chvilh,
in of the vehicle at sire ow expense.Such signs shall be of Sec.apply t Enclosing The provlsins ONaMlms 9W]v bb.e"r dpfi-19
sufficient size,legibility and location,with reference to^e vehicle rublecl to shall trot eoply to any towing of a vehlcl M taiga
b-Inocg Or ties been MMaW cetera sued Wlkla
s naWv provide notice that del tiled unauthorized parking will 5 20.32� r u^NII R,rWen 1 yaall0a w>pry,y this nay
es It in merremoval 3 said vehicle al the Opener's expense;or lied Pennlh.Any stir of vloletitg any of Me prgvl Sluts Of
` !1)Every reasonable effort has been m de to locate the owner M said this chapter,hail be deer°°°vllry 01 ea m redmear 0.and tau nl Mgble by Ilbe
vehicle.For purpose of this subsection,it shall be deemed that a reasonable n'Mexcttd f2W oz imprisnmertt not to exceetl six mantes or DY bete
effort has macie if, a.l�n Isonmanr. such ling
a.A venmfe is parked In Me driveway or easement of ingress a.egress fo SECTION 1.This Ordinnnc¢Snell fete eNM genuery I,1v)6,
a dwelling used too residential purposes and It is determined that the venlcic Pas ov by the Board of CommisslOn¢rs M Selr Lekp Cfry,Utan,Mis INr,
operator Is not wl blrt the vehicle and la nett an invitee o1 Me owner or legal day of November,19)5.
occooarl of thereat properly.ving a right to use said driveway or easement;
b.A vehicle is parked Ina designated parking 1r conspicuously posted with ILDRED V.HIGHAM CONRAD B.HgRRIhe YOr
Dons of suufifricnf SIM.legibility,and location,with reference to the sable& M
provide reasonable notice to the the operator!hereof that the (SEAL)
Recorder
parking facilities re only for the use et patrons n a stand business BILL
ILLN .
establishment and,further,if a written notice f Me intent to low o remove Pub Ished November to,191e
saidlvo hours eonro inn owont or hetno 0lbielldol lhenrd vehicle for a perk., • f�)
°(3)For a wrecker or o rat0r w other person to fail t0 n y the
Ponce departmen onlor to thc°removal e a from private o
when sold vehicle is to be r< more then 0 0 feet Momsaid private
property.and when such removal requested by a person ethr han Me Owner
or custodian of said vehicle.All such roses to me po a department snail
Include a description of the vehicle,the Tice number thereof.Me address and
telephonetu n
( ber Of I.lowing and the location where the,vehicle
a
Y be rec aimed by the owner Mon-nI,together with such other Information
s the m PO/ire may request or require.
(ei FOr a wrecker Or operator to require an owner or custodian of a vehicle
located on p hide sell wrecker or,,erect has been
author,..to tow orr otherwise m e,to Pa a charge In excels of ten
dotlers(S10;00)when said owner w custodian arrives before such vehicle is
removed.