TOW TRUCKS

Codified Ordinances of Cleveland pt. SIX, tit. VII, ch. 677A

in effect

Codified Ordinances of Cleveland § 677A.01 Definitions

§ 677A.01 Definitions As used in this chapter: (a) “Driver” or “operator” means a person who drives or is in actual physical control of a tow truck on a public street or public right-of-way in the City. (b) “Person” means a natural person, firm, copartnership, association or corporation. (c) “Tow truck” means a truck or any other vehicle adapted or used for the purpose of towing, winching or otherwise removing disabled motor vehicles. (d) “Tow truck owner” means a person engaged in the business of offering towing services for compensation, and includes a lessee in operation of a tow truck. (e) “Towing” means the act of pulling or dragging a vehicle behind the tow truck which is doing such pulling or dragging. “Towing” includes flat bed towing. The towed vehicle can be self-supporting, carried on a dolly-type platform or supported on any other item necessary to facilitate such towing. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.02 License Required

§ 677A.02 License Required (a) No owner of a tow truck shall permit such tow truck to be used for the purpose of towing in the City unless a valid tow truck owner’s license, obtained pursuant to this chapter, has been issued and is in force for that tow truck. (b) This section does not apply when the property being towed is owned by the person doing the towing, and is being transported for recreation, sport or show, or when the property being towed has been picked up outside the City and is either in the process of being delivered to a location in the City, or is being towed through the City to be delivered elsewhere. (c) Evidence of the ownership of a vehicle being towed shall be presented to a police officer or inspector upon demand and shall consist of either a certificate of title or a bill of sale for the vehicle. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.03 License Application

§ 677A.03 License Application (a) An application for the license required by Section 677A.02 shall be made in person at the office of the Commissioner of Assessments and Licenses on forms provided and information as the Commissioner may deem necessary shall be given under oath. It shall be mandatory rejection of the application or revocation of an issued license if any of the required application information is misrepresented or untrue. (b) Each application for the license shall be accompanied by a fee of one hundred twenty-five dollars ($125.00) for the original license and thirty dollars ($30.00) for each additional license if a person licenses more than one (1) vehicle. Each application for the replacement of a lost, stolen, or missing license shall be accompanied by a fee of thirty dollars ($30.00). (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

Codified Ordinances of Cleveland § 677A.04 Issuance of License

§ 677A.04 Issuance of License Upon approval of the application provided for in Section 677A.03, the Commissioner of Assessments and Licenses shall issue the license and, as evidence thereof, a metal tag bearing the number of the license. The tag shall be six (6) inches by eight (8) inches and of an annual contrasting color as determined by the Commissioner. The tag shall be permanently fixed to the front bumper of the licensed tow truck. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.05 Term of License

§ 677A.05 Term of License All licenses issued pursuant to Section 677A.04 shall be issued for a period of two (2) years, expiring on the 30th day of September in odd numbered years, unless sooner revoked by the Commissioner, provided, however, that any license issued pursuant to Section 677A.04 between the effective date of this section and September 30, 1993 shall expire on September 30, 1995 unless sooner revoked by the Commissioner. (Ord. No. 228-93. Passed 2-8-93, eff. 2-16-93)

Codified Ordinances of Cleveland § 677A.06 Assignment or Transfer of License

§ 677A.06 Assignment or Transfer of License No license issued pursuant to Section 677A.04 shall be assigned or transferred to any other tow truck. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.07 Denial, Suspension or Revocation of License

§ 677A.07 Denial, Suspension or Revocation of License The Commissioner of Assessments and Licenses may deny the issuance of a tow truck owner’s license to a person who, upon investigation, clearly lacks the qualifications and fitness to be licensed under this chapter. A license granted or issued pursuant to the terms of Section 677A.04 may be suspended or revoked at any time by the Commissioner upon: (a) Satisfactory proof of a violation of this chapter for reasons which could have been grounds for the refusal to issue an original license; or (b) Satisfactory proof that the tow truck owner has failed to resolve complaints involving parts or property taken from an impounded vehicle or damage to an impounded vehicle when such complaints are substantiated by information contained in forms prescribed in rules and regulations promulgated by the Director of Public Safety. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.08 Appeal from License Denial, Suspension or Revocation

§ 677A.08 Appeal from License Denial, Suspension or Revocation License issuance shall be authorized and under the control of the Commissioner of Assessments and Licenses. In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6, provided that written appeal is filed with the Board Secretary within ten (10) days of the date the decision being appealed was made. The Board shall conduct a hearing and render a decision in accordance with City ordinances and regulations governing its conduct and procedure. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.09 Liability Insurance Required

§ 677A.09 Liability Insurance Required Each owner of a tow truck shall furnish, at the time of application and/or renewal of such license, a certificate of insurance or an acknowledgment thereof, by an insurance carrier licensed to do business in the State, evidence of garagekeepers’ legal liability, to protect property left in his or her care, custody or control, in an amount not less than one hundred thousand dollars ($100,000.00) and general liability in an amount not less than three hundred thousand dollars ($300,000.00). The provisions of this section relating to garagekeepers’ legal liability shall not apply to a tow truck owner who establishes to the satisfaction of the Commissioner of Assessments and Licenses that such owner does not own, operate or maintain garage or vehicular storage facilities. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.10 Tow Truck Identification

§ 677A.10 Tow Truck Identification Any person engaged in the business of offering towing services shall have imprinted on both sides of any vehicle used as a tow truck, slide or tilt-bed carrier, or car hauler, the name, address and telephone number of the person owning such vehicle. The name shall be printed in letters at least three (3) inches high and not less than three-eighths (3/8) of an inch wide, while the address, place and phone number shall be in letters two (2) inches high and not less than three-eighths (3/8) of an inch wide. Lettering shall be done in color which will contrast sharply with the background upon which it is painted and shall be placed in such position as to be easily seen by anyone wishing to identify the vehicle. Markings shall be kept clear and distinct at all times. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.11 Responding to the Scene of an Accident

§ 677A.11 Responding to the Scene of an Accident No person licensed under Section 677A.02, or any of his or her agents or employees, shall respond to the scene of an accident unless either summoned by a person having a direct interest in the vehicle or vehicles involved or dispatched thereto as provided in the rules and regulations promulgated by the Director of Public Safety pursuant to Chapter 135. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.12 Transport Sheet Required

§ 677A.12 Transport Sheet Required Tow truck operators shall at all times maintain a current transport sheet containing the following information in the proper sequence on motor vehicles that are moved from one (1) location to another: (a) Date and time; (b) Moved vehicle owner’s name and address; (c) Moved vehicle’s serial or license number; serial number required if vehicle is taken anywhere other than licensee’s lot; (d) Year, make and model of moved motor vehicle; (e) Location of origin of transport; (f) Location of destination of transport; (g) Amount of charges; (h) Name of person who authorized transport. Such entries on the transport sheet are to be made at the time of each act and recorded legibly, accurately and completely as directed in this section. These transport sheets shall be made available for inspection upon the request of any police officer. This section shall not apply to salvage motor vehicle dealers. No tow truck shall have in tow a motor vehicle for which the operator does not have in his or her possession authorization to remove such vehicle. The authorization of the owner or of an officer of the Police Division shall include, but not be limited to, the name of the owner of such motor vehicle, the name and telephone number of the person authorizing the moving of the motor vehicle, the motor vehicle registration number and/or the vehicle identification number. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.13 Records

§ 677A.13 Records The owner of a truck shall maintain an accurate and complete file of transport sheets for each driver employed by him or her, including the owner if he or she is also an operator. Transport sheets shall be filed by date of occurrence and retained for a period of six (6) months. Upon the request of the Director of Public Safety or his or her designee, such sheets shall be immediately available for inspection. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.14 Drivers’ Licenses

§ 677A.14 Drivers’ Licenses Every person driving a tow truck shall be licensed. Each applicant for a driver’s license shall: (a) Be eighteen (18) years of age or over and an American citizen (or have declared his or her intention to become a citizen) on the date of such application; (b) Be of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body and mind which might render him or her or her unfit for the safe operation of a public vehicle; (c) Exhibit minimal competency in reading and writing the English language; (d) Produce, on forms provided by the Commissioner of Assessments and Licenses, two (2) character references of persons not related to the applicant; and (e) Fill out, on a form provided by the Commissioner, a statement giving his or her full name, residence and places of residence for five (5) years previous to moving to his or her present address; his or her age, height, color of eyes and hair and place of birth; the length of time he or she has resided at his or her present address; whether or not he or she is a citizen of the United States; places of previous employment; whether or not he or she has ever been arrested or convicted of a felony or misdemeanor; whether or not he or she has been summoned to court; whether or not he or she has previously been licensed as a driver or chauffeur, and if so, whether or not his or her license has ever been revoked and for what cause. Such statement shall be signed and sworn to by the applicant, and filed with the Commissioner, as a permanent record. Any false statement made by the applicant shall be promptly reported by the Commissioner to the prosecuting attorney. The Commissioner is authorized to establish such additional rules and regulations, covering the issuance of drivers’ licenses, not inconsistent with this chapter, as may be necessary and reasonable. (Ord. No. 1551-10. Passed 12-6-10, eff. 12-10-10)

Codified Ordinances of Cleveland § 677A.15 Convictions Barring Issuance of License

§ 677A.15 Convictions Barring Issuance of License No driver’s license provided for in Section 677A.14 shall be issued or renewed if the applicant therefor has been convicted of any of the following offenses: (a) Manslaughter or negligent homicide, resulting from the operation of a motor vehicle; (b) Driving a motor vehicle while under the influence of intoxicating liquors or drugs. A conviction under this subsection shall not bar the issuance of a license if the conviction occurred more than five (5) years prior to the date of application or, upon a recommendation of the Commissioner of Assessments and Licenses, more than three (3) years prior to the date of application. (c) A felony, in the commission of which a motor vehicle was used; (d) Failure to stop and render aid as required under the laws of the State, or leaving the scene of an accident as specified by the laws of the State; (e) Perjury or false swearing in making a statement under oath in connection with his or her application for a driver’s license; (f) Conviction, or forfeiture of bail, not vacated, upon three (3) charges of a violation of the motor vehicle laws of the State within a period of twelve (12) months; (g) Conviction of a violation of a law involving violence, theft or any form of stealing, or a crime involving moral turpitude that is reasonably related to the license referred to in this chapter, within five (5) years preceding the filing of the application for such license; (h) Repeated violations of City ordinances, which affect the safety of human life or limb on the streets of the City; or (i) Possession by a tow truck driver, in his or her tow truck, of opened or unopened beer, whiskey or wine; of drugs or other stimulants not specifically prescribed for him or her by a medical doctor for his or her private use; or of gambling equipment or paraphernalia, stolen goods or contraband property of any kind. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.16 Drivers’ Photographs

§ 677A.16 Drivers’ Photographs (a) Each applicant for the driver’s license provided for in Section 677A.14 shall file with his or her application three (3) unmounted, unretouched photographs of himself or herself, in such position as the Commissioner of Assessments and Licenses may direct, taken within thirty (30) days preceding the filing of his or her application. Photographs shall be of a size which may be easily attached to his or her license. One (1) of the photographs shall be attached to his or her license when issued, and the others shall be filed with the application in the office of the Commissioner. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, on demand of an inspector of licenses, a policeman or an affected citizen, exhibit his or her license and photograph for inspection. Where the application for a license is denied, two (2) copies of the photograph shall be returned to the applicant by the Commissioner. (b) Applications with photographs attached shall forthwith be forwarded to the Bureau of Criminal Identification, Police Division. No license shall be issued under this chapter until the receipt in writing from such Bureau of a report showing the result of the investigation of the application. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.17 Issuance, Form and Term of License

§ 677A.17 Issuance, Form and Term of License Upon satisfactory fulfillment of the applicable requirements of this chapter, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and name of the licensee. A licensee who defaces, removes or obliterates an official entry made on his or her license, shall be punished by revocation of his or her license. Such license shall be issued for a period of one (1) year commencing on February 21, unless previously revoked. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.18 Temporary Permits

§ 677A.18 Temporary Permits Except when an extraordinary public emergency arises adversely affecting transportation on the streets in the City, temporary permits when issued shall be on such terms and conditions as the Commissioner of Assessments and Licenses provides. However, such temporary permits shall in no event be granted for a longer period than fifteen (15) days and may be renewable for similar periods, as necessary, only on the written recommendation of the Commissioner made to Council and approved thereby. The fee for such a temporary permit is three dollars ($3.00) for the driver. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.19 License Certificate

§ 677A.19 License Certificate The Commissioner of Assessments and Licenses shall issue a license certificate, bearing the photograph of the licensee, to each person licensed as the driver of a tow truck. Such license certificate must, under penalty of suspension or revocation of the license, be conspicuously displayed at all times in the vehicle operated by such licensee and in the manner required by the Commissioner. The certificate shall be of such form and design as the Commissioner prescribes. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.20 Renewal of License

§ 677A.20 Renewal of License Renewal of a driver’s license issued under this chapter shall be in accordance with the procedure prescribed by the Commissioner of Assessments and Licenses. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.21 License Fees

§ 677A.21 License Fees A license fee of ten dollars ($10.00) shall be paid for an original driver’s license or for a renewal of a license. (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

Codified Ordinances of Cleveland § 677A.22 Suspension or Revocation of License

§ 677A.22 Suspension or Revocation of License A driver’s license issued under this chapter may be suspended or revoked at any time by the Commissioner of Assessments and Licenses on his or her own initiative or on the recommendation of the Chief of Police. Before suspending or revoking such license, the Commissioner shall afford the licensee the opportunity of a hearing on the charges. The licensee may appeal from such order in the manner provided in Section 677A.08. A second suspension for the same reason, or a third suspension in any case, of a driver’s license shall operate as a revocation of such license. No driver whose license has been revoked shall again be licensed as a tow truck driver in the City without the presentation of reasons satisfactory to the Commissioner. The Commissioner shall notify the Police Division of all suspensions or revocations of drivers’ licenses. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.23 Records of Licenses

§ 677A.23 Records of Licenses There shall be kept in the office of the Commissioner of Assessments and Licenses a complete record of each driver’s license issued to a driver under this chapter, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application of the driver for such license. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Codified Ordinances of Cleveland § 677A.99 Penalty

§ 677A.99 Penalty Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety (90) days, or both. Any such violation shall constitute a separate offense on each consecutive day continued. (Ord. No. 1053-A-80. Passed 1-12-81, eff. 2-21-81)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-36757Fetched: 11/1/2026