CHARTER TOWNSHIP OF MUSKEGON COUNTY OF MUSKEGON STATE OF MICHIGAN

Transcription

1 CHARTER TOWNSHIP OF MUSKEGON COUNTY OF MUSKEGON STATE OF MICHIGAN AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE OF ORDINANCES TO INCLUDE REGULATION OF TOWING COMPANIES AND IMPOUND & SALVAGE YARDS WITHIN THE CHARTER TOWNSHIP OF MUSKEGON THE CHARTER TOWNSHIP OF MUSKEGON HEREBY ORDAINS: Ordinance No Section 1: Section 2: Purpose. In order to protect the health, safety and welfare of the citizens of Muskegon Charter Township, the Township desires to enforce certain regulations regarding the operation of towing companies and impound and salvage yards within the Township. A new article V. Towing Companies, Impound Yards and Salvage Yards of Chapter 10 of the Code of Ordinances is hereby enacted to read as follows: Sec Definitions. Towing Company means any person or entity engaged in the business of using vehicles for transporting motor vehicles to another location or to recover motor vehicles which are no longer drivable or for legal reasons. Impound Yard means any place within the township used for the storage of impounded, seized or abandoned vehicles for a temporary period until time for their proper disposition. Salvage Dealer means any person or entity engaged in the business of acquiring or owning salvage vehicles for the purpose of operating, occupying, owning, managing, or being employed by any salvage yard as defined in this section. Salvage Yard means any place within the township used for the acquisition, storage, selling or dismantling and disposing of salvage or refuse material of automobiles, trailers, mobile homes, trucks, buses, motorcycles, boats, personal water craft or any other motorized or wheeled means of transportation. Wrecker Service means any person or entity engaged in the business of using vehicles for transporting motor vehicles to another location or to recover motor vehicles which are no longer drivable or for legal reasons. Township Vehicle means any vehicle impounded by Muskegon Charter Township. Outside Vehicle means any vehicle brought in by an agency outside of Muskegon Charter Township.

2 Sec License required. No person, corporation, or firm shall operate or engage in the operation, occupancy or management of a towing, impound, or salvage yard unless prior approval and business license was obtained from the Township, and as applicable, the laws of the state. It shall be the responsibility of the applicant to secure necessary state permits pursuant to the operation of a towing, impound or salvage yard. Failure to do so will result in violation of this article and revocation of the township license. Sec Standards and regulations for operation of Towing Company. a) All towing companies shall comply with the standards and regulations in this section governing the operation of towing/impound/salvage yards. 1) Duties - Wrecker service will operate a vehicle towing service, impound service and facility seven days a week, 24 hours a day, in such a manner that the wrecker service can be reached by phone at all times by Muskegon Central Dispatch and the Muskegon Township Police Department. If the Wrecker service does not wish to maintain these hours of operation and availability, the service will not be invited to bid for the service proposal under the Muskegon Township Police Department Wrecker Policy. 2) Equipment - At all times during the year the wrecker service will own and keep on site and/or on each vehicle in good operating condition the following equipment: a) At least three (3) wreckers on site with at least one being a flatbed, fully equipped as specified herein. Each of the required wreckers must have a minimum gross vehicle weight rating of at least 10,001 pounds. b) A set of dollies on each vehicle for each of the standard wreckers. c) Equipment on each vehicle for changing tires, air tanks for inflating tires, tools for lock-outs. d) Booster battery or cables on each vehicle for starting vehicles. e) Fire extinguisher on each vehicle. f) Extra chains, pry bar, broom and shovel, bucket, oil dry on each vehicle. g) A power winch on each vehicle. If a situation exceeds the wrecker service capabilities, the wrecker service will be responsible to contact another service to handle the situation, as quickly as possible. All equipment must be maintained in good working order to safely perform the service required, and conform to the standards, requirements and regulations mandated by Federal, State, and Local agencies. All wrecker and/or operator/drivers will carry communication devices capable

3 of coverage anywhere within Muskegon Township and its immediate bordering jurisdictions. Wrecker service will keep the Muskegon Township Police Department informed of the number of tow trucks it has available for use, including the year, make, model and capacity of each. Each wrecker must pass the Annual Vehicle Inspection in accordance with 40 CFR 396. Wrecker service will display the company name, phone number, and DOT/MPSC numbers prominently on each of its towing vehicles. 3) Facility - At all times the wrecker service and impound service facility must: a) Be located in Muskegon Township b) Contain a secure, heated building for the storage of vehicles if needed for special purposes. c) Have a fenced area able to accommodate up to 25 vehicles. d) Have prominently posted a list of towing and storage charges, public hours of operation, and phone number. e) The business location and buildings must be maintained in a clean and presentable condition. 4) Taxes a) Wrecker service will be solely responsible for the payment and withholding of any and all taxes, levies and assessments under any federal, state or local law and will provide for the payment of taxes on or for income, unemployment, social security, workers compensation, or any other taxes with respect to the Wrecker service, the wrecker service s employees or designee in connection with the work performed. 5) Township Inspections a) Wrecker service will allow members of the Muskegon Township Police Department or other authorized Township officials to inspect the service s lot or building, stored vehicles, office or other buildings and records relative to this ordinance whenever it is deemed necessary by the Township. The Township reserves the right to conduct an audit at least annually of all bills and records relative to this ordinance. Wrecker service will provide access to the records for inspection by the Township and its auditors. Sec Standards and regulations for impound yard. a) Storage of Vehicles 1) All vehicles impounded will be stored in a storage lot or building which is fenced with all gates securely locked and a responsible person in charge of the business, 24-hours a day that may be called to respond to the lot with

4 someone from the Police Department. Vehicles stored in the building or storage yard will be parked so as to allow one foot of space between vehicles. b) Each wrecker service will be allowed up to 100 vehicles to be stored on their impound yard. These 100 vehicles will consist of no more than 50 Township Vehicles and no more than 50 Outside Vehicles. c) Ground must be protected by an approved, non-permeable surface or fluid blanket with no evidence of unsealed cracks or other openings or conditions which would potentially allow the escape and subsequent penetration of liquids or fluids to the ground surface. There will be no stacking of vehicles in the impound yard. The storage of all vehicles will be made, as to prohibit fluids from draining into the soil. Sec Standards and regulations for operation of salvage yard. a) All licensees shall comply with the standards and regulations in this section governing the operation of towing/impound/salvage yards. b) Salvage yards shall comply with the following standards: 1) Have designated hours for crushing of vehicles. 2) All materials shall be stored in a safe manner and in such a way that access and inspection to same is available to any enforcement personnel. 3) All initial dismantling of incoming vehicles to be inside a building. 4) No stacking of vehicles. 5) Spacing and arrangement of vehicles and access lanes must be approved by Fire Dept. 6) No open burning allowed. 7) Complete screening of operation. 8) Maintain list of all fluids and liquids to be stored on site. a. The removal of any liquid or fluid from vehicles or other equipment shall be accomplished on a ground surface protective device incorporating a collection and retention system such that said fluids and liquids shall not discharge into the soil beneath or adjacent to said device. b. No discharge of fluids into ground. c. Storage of fluids to be maintained in leak-proof tank. d. Such tank to be located on ground surface protected area. 9) Yard must be maintained in a manner so as not to create a nuisance. 10) Proof of necessary state permits. 11) On-site residence must be approved by township. Sec Violations. The following shall constitute violations of this article: a) Operation of a towing, impound or salvage yard without a license. b) Failure to comply with standards this article. c) Failure to submit required design plans, certifications, or the failure to cure said omission upon demand of the township.

5 d) Failure to pay required fees. e) Failure to be current with payment of personal property taxes. f) Failure to allow or the intentional prevention of, any inspection by township personnel, including testing, observation and inquiries regarding the operation of the business. g) Revocation or suspension of license to include recovery of any fees incurred by processing the violation. Penalties for violation. Violation of this article shall by guilty of a civil infraction as described by such ordinance. Section 3. Section 4. Section 5. Severability. Should any part of this ordinance be held invalid by a Court of Competent Jurisdiction, the remaining parts shall be severable and shall continue in full force and effect. Ordinance Repeal. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Effective Date. This ordinance shall be effective upon adoption and publication. Introduced: Ann D. Oakes, Clerk Adopted: Published: Effective: