(A) Class A and B wrecker services.
(1) Unless the Mayor or his designee, acting pursuant to § 7-7-18(J), determines otherwise, the following boundaries shall apply. The boundaries for the Sectors identified below shall only be within Bernalillo County. For purposes of Class A and B wrecker services, the geographic area of the city shall be divided into three sectors by means of the following boundaries:
(a) Sector I (East) shall be comprised of that area lying to the east of the median of San Mateo Boulevard, to I-25, and north to the city limits.
(b) Sector II (West) shall be comprised of that area lying west of the median of San Mateo Boulevard north of I-40 to the city limits.
(c) Sector III (South) shall be comprised of that area lying west of the median of San Mateo Boulevard to I-40 and south of I-40 to the city limits.
(B) In addition to the powers vested in the Mayor by this article, the Mayor may, from time to time, adjust the number of sectors and their boundaries listed under § 7-7-3 by recommendations of the Police Department or those wreckers appearing on the rotation list.
(C) For purposes of Class C and D wrecker services, there shall be a single rotation list for the entire city, and the entire city shall constitute a single sector.
(D) Wreckers desiring to be placed on the rotation list for one of the sectors designated above or for the Class C and D rotation list shall make application to the Mayor or his designee as provided herein.
(E) The storage yard for Class A and B wreckers must be located in the sector to which the wrecker is assigned.
(F) In the event an Albuquerque Police Officer or a Public Safety Aide or other city employee has cause to remove any vehicle or motor vehicle from any location within the city, and the owner or person responsible for the vehicle cannot be found, is incapacitated, or has no preference for a particular wrecker, the police radio dispatcher shall so notify the wrecker on call for the sector in which such vehicle or motor vehicle is located. The city may initiate a tow if the wrecker preferred by the owner or responsible person is unable to be at the scene within 30 minutes.
(G) Wreckers on the Class A and B rotation lists shall be on call for a period of one week; wreckers on the Class C and D rotation list shall be on call for a period of one month.
(H) (1) Notwithstanding the above, the Mayor or the Mayor's designee may enter into an agreement with a wrecker whose storage yard is located outside of the City limits if such wrecker can demonstrate that:
(a) The wrecker meets all of the requirements of this article and all rules and regulations adopted by the city regarding wreckers;
(b) The wrecker's storage yard is located no further than five miles outside the City limits driving on paved roads and within the County of Bernalillo; and
(c) The wrecker has made arrangements that are satisfactory to the city to allow access and entry by city personnel or their agents, including law enforcement officers, to the place of business and/ or storage area located outside of the city.
(2) If the Mayor or the Mayor's designee determines that the wrecker has met the criteria herein, the wrecker shall enter into a written agreement that states that the wrecker will comply with the provisions of this ordinance and all applicable city and state laws, rules and regulations. The wrecker shall also agree to allow access and entry by city personnel or their agents to the wrecker's place of business and/or storage area. Finally, the wrecker shall agree not to charge the non-consensual tow vehicles for mileage beyond the city limits to the storage yard. The Mayor or the Mayor's designee may terminate the agreement if the Mayor or the Mayor's designee determines that the wrecker has failed to meet the requirements of this article or the agreement.
('74 Code, §9-9-4) (Ord. 3-1983; Am. Ord.14-1997; Am. Ord. 14-2000)