Tow Truck Ordinance
Chapter 813

Section

813.010 Citation of Chapter
813.015 Scope
813.020 Definitions
813.025 License Required
813.030 Requirements for License
813.031 Requirements for Tow Truck Operators
813.035 Investigation by Superintendent of Police-Issuance of License
813.040 License Fee-Term
813.045 Renewal Procedure
813.050 Suspension or Revocation Procedure
813.055 Variance-Transfer of License
813.060 Vehicle Labeling
813.065 Price Schedule and Authorization for Tow
813.070 Statement Required
813.075 Exemptions
813.080 Insurance Required
813.085 Miscellaneous Regulations
813.090 Penalties

813.010 Citation of Chapter
This chapter shall be known and cited as the "Tow Truck Code."

(0. No. 7810, 4-19-76)

813.015 Scope
This chapter shall be applicable in that part of St. Louis County outside of incorporated cities, towns and villages.

(0. No. 7810, 4-19-76)

813.020 Definitions
As used in this chapter, the following words shall mean-

1. County: That part of St. Louis County, Missouri, outside of incorporated cities, towns and villages;
2. County Licensee: The owner of a tow truck licensed by the St. Louis County Director of Licenses, Department of Revenue;
3. Cruising.- Operating a tow truck on a public highway at a slow rate of speed or in any other fashion for the purpose of soliciting business along said highway;
4. Director. The Director of Licenses, Department of Revenue, St. Louis County, Missouri;
5. Highway: Any highway, road, street or alley open to the use of the public for the purpose of vehicular traffic;
6. Identification number: A permanent number assigned by the Director to a specific tow vehicle;
7. Licensee: The owner of a tow truck licensed under this chapter or licensed under a qualifying municipal ordinance and exempted from the licensing provision of the chapter by virtue of Section 813.025(b) SLCRO 1974, as amended;
8. Municipality: A city, town or village which has been duly incorporated in accordance with the laws of the State of Missouri, as a unit of local government. Said definition shall include the City of St. Louis;
9. Operating, operation of or to operate a tow truck: Includes all acts and functions incident to the movement of a tow truck from place to place; as well as all acts involved in the undertaking of a tow, whether for hire or for personal or business use by the owner of the tow truck; and the conducting of a business engaged in the operation of a tow truck;
10. Owner.- Any person who holds legal title to a vehicle or one who has the legal right to the control and possession thereof;
11. Person: Any individual, co-partnership, firm, association, company or combination of individuals, of whatever form or character;
12. Short wave receiver.- A radio receiver which is capable of operating on a frequency assigned by the Federal Communications Commission for fire, police, municipal or other governmental uses;
13. Soliciting. Requesting or attempting to sway an owner, his lawful agent or representative to give permission to a tow truck to remove, repair or store a vehicle for monetary consideration, without a previous request from the owner, his lawful agent or representative;
14. Tow truck: A mechanically propelled vehicle equipped with a device used to hoist and tow, transport, convey or move other vehicles from place to place upon authorization of the owner, his lawful agent or representative; and
15. Vehicle: Every device, whether mechanically propelled or drawn, in or by which any person or property is or may be moved upon a public highway, except devices moved only by human or animal power or a device which works exclusively upon stationary rails or tracks, and shall include trailers and semitrailers.

(0. No. 10097, 2-13-81)

813.025 License Required

1. It shall be unlawful for any person to operate a tow truck within the County unless the owner of the tow truck shall first have obtained a license from the Director for said tow truck. Application for a license shall be made by the tow truck owner on a form furnished by the Director, and any license issued shall be affixed to the lower left corner of the windshield of the tow truck for which the license is obtained.
2. No license shall be required of any person operating a tow truck in the County, when such tow truck has affixed to its windshield a license obtained from any municipality pursuant to an ordinance of said municipality, which said ordinance is similar in content to this chapter. The aforementioned municipal license must be valid for the current year and the licensee must comply with all requirements of the municipal ordinance and with all applicable provisions of this chapter.
3. No license shall be required of any person to operate a tow truck(s) within the county, if that person's only business interest in the tow truck(s) is to sell and service said truck(s).

(0. No. 11139, 8-11-83)

813.030 Requirements for License The application for said license shall contain the following:

1. Name and address of the tow truck owner; if a natural person, the date and place of birth and Missouri state operator's license number; if a corporation, the state under which incorporated, the date of incorporation, the address of the principal office, and the names and addresses of its officers;
2. If any other type of organization, the name thereof, the location of its office, and the names and addresses of the principal officers, directors, trustees, or managing officials or partners;
3. The names and addresses of all persons who will be directly involved in the operation of a tow truck under the license;
4. The place from which the tow truck will operate and the number of said vehicles to be operated;
5. A description of each tow truck giving also the serial and motor number;
6. There shall be annexed to the application an affidavit to be sworn to by the applicant.

(0. No. 10097, 2-13-81)

813.031 Requirements for Tow Truck Operators

1. Any person who is to be an operator of a tow truck under the provisions of this Chapter shall:
   
   
   1. be eighteen (18) years of age or older; and
   2. have a current chauffeur's license issued by the State of Missouri pursuant to the licensing requirements of Chapter 302 of the Revised Statutes of Missouri or have a comparable commercial driver's license that is current and has been issued by another state.
2. The tow truck owner shall provide proof to the Director that the persons who will be operating the tow truck(s) possess a current chauffeur's license as required under this Section.

(0. No. 17236, 10-3-94)

813.035 Investigation by Superintendent of Police-Issuance of License

1. Each application for tow truck license shall be referred by the Director to the Superintendent of Police, who shall investigate the character and fitness of the proposed applicant as well as any other persons listed as being involved in the operation of a tow truck. The Superintendent of Police shall within sixty (60) days file with the Director written reports concerning the applicant and all other persons listed as being involved in the operation of a tow truck, and further containing the Superintendent's recommendation for issuance or denial of the license.
2. Such license shall be issued by the Director unless he finds one (1) or more of the following:
   
   
   1. Intentional misstatements or misleading statements of fact in the application;
   2. Any party or parties interested in the proposed operation of a tow truck in the County shall previously have had a tow truck license suspended or revoked or have been convicted of the following:
      
      
      1. A violation of any statute, law or ordinance involving theft, possession of stolen property, interstate transportation of stolen vehicles; or
      2. A violation of any state statute, law or ordinance involving any crime against persons, including but not limited to all forms of assaults; or
      3. A violation of any state statute, law or ordinance involving moral turpitude; or
      4. A violation of the St. Louis County Tow Truck Code.
      However, if the Director should find the conduct of such party or parties subsequent to the aforesaid suspension, revocation or conviction to be such as to indicate fitness to operate a tow truck, the Director may issue said license, but only if the issuance of the license shall not be against the public interest;
   3. Failure to pay the required application fee.
3. Each applicant shall be notified by mail or by hand delivery of the issuance or nonissuance of a license by the Director.
4. If the Director does not issue a license the reasons for his not doing so shall be in writing and shall accompany the notice of nonissuance.
5. The Director's determination of nonissuance may be appealed under the provisions of Section 536.150 RSMO 1986, as amended.

(0. No. 17236, 10-3-94)

813.040 License Fee-Term

1. The fee for the issuance of a license under this chapter shall be thirty-five dollars ($35.00) for each tow truck, said fee to accompany the license application. No part of said fee shall be returnable.
2. The term of said license shall be for one (1) year from the date of issuance and may be renewed as provided herein.

(0. No. 13096, 2-13-87)

Reviser's note - The ordinance amending this section was approved at an election held April 7, 1987.

813.045 Renewal Procedure

1. Within thirty (30) days of the expiration of the license a County licensee may apply to the Director for a renewal thereof.
2. The County licensee shall indicate any changes from the information furnished to the Director at the time of the original application.
3. An application for renewal shall be accompanied by a renewal application fee of twenty-five dollars ($25.00), no part of which shall be returnable.
4. The Director shall renew said license if he shall find that said operation shall have been conducted in accordance with all applicable laws and ordinances.
5. If the Director does not review said license, the procedure set forth in Section 813.050(b) herein shall be followed.

(0. No. 10097, 2-13-81)

813.050 Suspension or Revocation Procedure

1. The Director may suspend for a period up to ninety (90) days or revoke a license heretofore issued, if he finds one (1) or more of the following:
   
   
   1. Intentional misstatement or misleading statements of fact in the application not discovered until after the issuance of said license;
   2. Any party or parties interested in the proposed operation of a tow truck in the County shall have been convicted of the following:
      
      
      1. A violation of any statute, law or ordinance involving theft, possession of stolen property, interstate transportation of stolen vehicles; or
      2. A violation of any state statute, law or ordinance involving any crime against persons, including but not limited to all forms of assaults; or
      3. A violation of any state statute, law or ordinance of any crime involving moral turpitude; or
      4. A violation of the St. Louis County Tow Truck Code;
      
      However, in the case of a suspension, if the Director should find the conduct of such party or parties subsequent to the suspension to be such as to indicate the fitness to operate a tow truck before the period of suspension is completed, the director may terminate the suspension. In the case of a revocation, if the Director should find the conduct of such party or parties subsequent to the revocation to be such as to indicate the fitness to operate a tow truck, the Director may issue a license to the party or parties subject to the revocation after the party or parties have applied anew for a tow truck license. In either case, the actions of the Director shall not be against the public interest;
2. In the event that the Director revokes said license, the County licensee shall be entitled to a hearing before the Director upon notice duly given ten (10) days prior to the date of such hearing. The decision of the Director and the reasons therefor shall be sent by certified mail or hand delivered to the County licensee.

(0. No. 17236, 10-3-94)

813.055 Variance-Transfer of License
No license shall be transferred from one owner to another, but an owner may transfer the license of one tow truck to anther tow truck. Such transfer shall only be made on approval of the Director after written request was made to him on forms provided by him for that purpose.

(0. No. 7810, 4-19-76)

813.060 Vehicle Labeling
It shall be unlawful for any person to operate a tow truck in the County unless on each side of the said tow truck there shall be legibly printed in letters not less than one and one-half (1 1/2) inches in height the following:

1. Name and address of the licensee and the identification number assigned to him by the Director or appropriate official of the municipality if the tow truck is licensed under a qualifying municipal ordinance.
2. The phrase "tow vehicle licensed by St. Louis County, Missouri." Provided, however, if the tow truck is licensed under a qualifying municipal ordinance, the name of the said municipality shall be inserted in lieu of the words "St. Louis County."
3. The phrase "request schedule of prices before engaging this vehicle."

(0. No. 10097, 2-13-81)

813.065 Price Schedule and Authorization for Tow

1. The owners of all tow trucks operating in the County shall prepare and file in triplicate with the Director a schedule of prices to be charged for the towing and storage of vehicles. Such schedule may be based on time, mileage or a combination of both. In addition said schedule may include the minimum charge for any undertaking involving towing and storage. One copy of said schedule shall be retained by the Director, one copy shall be returned to the tow truck owner and one (1) copy shall be forwarded to the Superintendent of Police of the County.
2. It shall be unlawful to charge a sum in excess of that authorized by the schedule filed with the Director.
3. Prior to the undertaking of a tow, the tow truck operator shall present said schedule of prices to the customer for his examination, upon the request of such customer.

(0. No. 10097, 2-13-81)

813.070 Statement Required

1. Prior to the undertaking of a tow, the tow truck operator shall obtain the name, business and home telephone numbers of the person authorizing the tow. Such tow truck operator shall supply the said information upon the request of any law enforcement officer.
2. All persons operating a tow truck shall keep in their possession a pad of printed statements containing his name and the address of his place of business, and after towing a vehicle shall prepare one of said printed statements in duplicate and furnish the original to the owner of the vehicle or to his authorized representative. The statement shall contain the following information:
   
   
   1. The full name and address of the licensee:
   2. The identification number assigned by the Director to the tow vehicle, pursuant to this chapter, or by the appropriate official of the municipality if the tow truck is licensed under a qualifying municipal ordinance;
   3. The state license plate number of the tow truck;
   4. The full name and address of the person engaging the tow truck;
   5. The state license number or the state vehicle identification number of the vehicle towed;
   6. The total amount charged for towing, including the number of miles towed and the storage rate per day or price thereof; and
   7. Any other information required by the Director.
3. A duplicate of each statement shall be retained by the licensee for a period of one (1) year and shall be exhibited by him upon demand by the Director or his authorized representative.

(0. No. 10097, 2-13-81)

813.075 Exemptions
The provision of Section 813.070(b) of this chapter shall not be applicable to any person operating a tow truck under the terms of a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move vehicles owned, controlled or in the custody of such person, firm or corporation to a specific location so designated, for consideration set forth in such contract; provided that the said person has in his possession at all times while towing, transporting, conveying or moving any such vehicle, such contract or an affidavit which shall recite the existence of the said contract, the name, address and phone number of the contracting parties, the term of the contract and the scope of services to be performed. Any person seeking exemption under this provision shall display such contract or affidavit when required to do so by any law enforcement officer. This provision shall not be so construed or interpreted so as to render or to relieve the licensee from complying with the other provisions of Chapter 813.

(0. No. 10097, 2-13-81)

813.080 Insurance Required
No license to operate a tow truck shall be issued until and unless the applicant shall first obtain a policy of insurance from a company authorized to do business in the State of Missouri, or a bond of indemnity, acceptable to the Director, with limits for bodily injury liability of at least twenty-five thousand dollars ($25,000.00) for each person, fifty thousand dollars ($50,000.00) for each accident and property damage liability of ten thousand dollars ($10,000.00) for each accident. No person shall operate a tow truck in the County unless the operator shall be covered by an insurance policy with the foregoing minimum limits of liability.

(0. No. 10097, 2-13-81)

813.085 Miscellaneous Regulations

1. No driver of a tow truck shall engage in cruising.
2. No driver of a tow truck shall invite or permit loitering within or near his tow truck.
3. No driver of a tow truck shall seek employment by repeatedly driving his vehicle to and from in a short space on any highway or otherwise interfering with the proper and orderly progress of traffic along a pubic highway.
4. No driver of a tow truck shall solicit or attempt to divert prospective patrons of another tow truck.
5. No driver of a tow truck shall solicit or divert prospective patrons at a given garage in the County to any other garage.
6. No driver of a tow truck shall solicit, demand or receive from any person, any pay, or commission or emolument whatever except the proper fare for transporting the vehicle in accordance with the schedule of charges defined in Section 813.065 hereof.
7. All County licensees shall promptly report all changes of address to the Director.
8. A driver of a tow truck shall not remove a vehicle involved in an accident in which a person has been killed or seriously injured unless such vehicle has been released by a duly authorized member of the St. Louis County Police Department.
9. No licensee or agent of said person shall use or have in his possession a short wave receiver as defined herein while engaged in the business of towing in County, except those persons under written contract with St. Louis County or a municipal police agency for towing services.

(0. No. 10097, 2-13-81)

813.090 Penalties
Any person who shall be convicted of a violation of any provision of this chapter may be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment of not more than thirty (30) days in a County Correctional Facility, or by both such fine and imprisonment.

(0. No. 7810, 4-19-16)