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Chapter 3.98 Towing Board of Review

- Note

(Chapter added by Ordinance No. 138941, effective October 10, 1974.)

3.98.010 Created - Organization.

(Amended by Ordinance Nos. 143364, 149583, 157639, 168911, 172488 and 186746 effective August 6, 2014.)

A.  There hereby is created a Towing Board of Review, hereinafter referred to as the Board, consisting of eight voting members and two nonvoting members.  A quorum of the Board shall consist of five voting members.

B.  The voting members of the Board shall be: the Director of the Portland Bureau of Transportation or an appropriate designee; the Executive Director of the Port of Portland or appropriate designee; the Chief of Police or an appropriate designee; the Traffic Engineer or appropriate designee; the Sheriff of Multnomah County or an appropriate designee; and three members of the general public with no affiliation with the towing industry, appointed by the Mayor, subject to confirmation by the City Council to serve for a period of 2 years.  The Mayor shall designate one of the eight voting members to serve as the Chair, who shall so serve at the Mayor’s pleasure.

C.  The two nonvoting members shall be representatives of the towing industry appointed by the Mayor to serve for 1 year subject to confirmation by the Council.

D.  All members of the Board shall serve without pay, except that they may receive their regular salary during the time spent on matters of the Board.  A vacancy on the board shall be filled in accordance with the appointment procedures described above.

E.  If any member of the Board is absent from more than three regularly scheduled meetings of the Board during a single calendar year, without having notified the Chair in advance of such absence, such member shall be deemed to have resigned from the Board and the position shall thereafter be vacant and subject to appointment.

3.98.020 Procedure and Rules.

The Towing Board of Review shall establish its own rules and bylaws, and provide the procedure for all matters for consideration or action by the Board.

3.98.030 Staff.

(Amended by Ordinance Nos. 153508, 157639 and 186746, effective August 6, 2014.)  The Portland Bureau of Transportation shall provide staff and appropriate assistance for the Board.

3.98.040 Contracts - Rates.

A. The Board shall determine the terms and content of the contracts the City will abide by in contracting for dispatching and towing services.

B. The Board is empowered to hold public hearings to establish a fair rate of payment to be received for service performed under the various towing contracts and to determine the payment each towing company shall make to the dispatcher for services rendered.

3.98.050 Eligibility.

(Amended by Ordinance No. 153508, effective August 2, 1982.) The Towing Board of Review shall establish the terms, conditions, and contents of the City towing contracts, and the terms, conditions, and methods of selecting towing companies eligible for such contracts and able and willing to perform in accordance with the terms thereof, and shall certify to the Council the towing companies thereby eligible for a towing contract with the City.

3.98.060 Powers of Board.

The Board shall be responsible for reviewing the performance of the City’s towing service contracts and to recommend to the Council any changes it feels necessary to promote the general purpose of establishing fair and equitable arrangements for the performance of tows requested by City personnel and the board shall be empowered to act on behalf of the City to:

A. Oversee the operation of and inspect the equipment and personnel qualifications of all parties contracting with the City for towing or dispatching service to determine if they are in compliance with their contracts; and hear and investigate complaints regarding the City’s towing contracts and the performance thereof.

B. Establish dispatching district boundaries and lists of towing companies within each district eligible to be dispatched for tows:

1. In establishing district boundaries, the Board shall consider;

a. The number and location of towing companies certified by the board as eligible for City towing contractors, and;

b. That the purpose of establishing districts is to ensure that a tow truck shall be available in the minimum amount of time possible and no later than 30 minutes after request for tow is received; and a motorist whose vehicle is towed shall have to travel the minimum possible distance to recover his vehicle;

2. The Board is authorized to establish separate district boundaries if necessary for the dispatching of tows to be performed under different forms of contracts.

C. Cancel any towing or dispatching contract under the terms thereof.

3.98.080 Appeals.

(Replaced by Ordinance No. 170282, effective June 19, 1996.) Any towing company directly affected by an action of the Board may appeal to the Code Hearings Officer, pursuant to provisions of Chapter 22.10 of this Code under the following circumstances:

A.  The towing company’s contract with the City has been revoked or suspended by the Towing Board of Review;

B. The towing company has been directed by the Towing Board of Review to pay a civil penalty; or,

C. Against whom the Towing Board of Review has otherwise elected to impose Contract remedies.