Before a permit can be initially issued or renewed, the Chief of Police or his or her designee must verify that the applicant is in compliance with the following standards:
(A) The applicant's business office, base from which wreckers will operate, and storage facility for towed vehicles must be located within the corporate limits of the City of Asheboro.
(B) Financial responsibility/insurance coverage required by the North Carolina General Statutes and this chapter must be in full force and effect.
(C) The applicant, including without limitation operators, owners, investors, general partners, limited partners, and joint venturers in the wrecker service seeking a permit, must have never been convicted of, pleaded no contest to, or received a prayer for judgment for any felony, assault, theft, or any other crime involving the taking, use, tampering with, or conversion of a motor vehicle.
(D) The applicant must only use wrecker service vehicles that are equipped with legally required lighting and other safety equipment to protect the public, and this equipment must be in good working order.
(E) The applicant must provide on-call service 24 hours per day, seven days per week.
(F) The applicant must have lawfully operating facilities, specifically including without limitation a storage facility for towed vehicles that is reasonably well illuminated at night for security purposes. The applicant's storage facility shall have a building and/or wall or fence enclosure of sufficient height and design to reasonably secure towed vehicles from unauthorized access or removal. Any wall/fence used to secure the storage facility shall be a minimum of six feet in height. By way of illustration and without limitation, such a facility shall not be deemed to be lawfully operating if the applicant is unable to produce a copy of a valid zoning compliance letter/certification issued by the City of Asheboro Planning Department within three calendar months preceding the date of the most recent application for a Rotation Wrecker Service List Permit.
(G) The applicant must possess and properly maintain towing equipment that is adequate to perform the required wrecker services in a reasonably workmanlike manner that minimizes, to the degree possible and consistent with industry standards, the chance of any damage to towed vehicles. Subject to G.S. § 20-101, all towing equipment shall display the name, address, and telephone number of the wrecker service on the sides of the tow vehicle in letters no less than three inches in height.
(H) The applicant must be in full compliance with the entirety of the requirements prescribed by this chapter and all other applicable laws, ordinances, and regulations at the time of application.
(I) An applicant’s facilities and equipment, specifically including without limitation vehicles, offices, telephone lines, office equipment, and storage facilities, may not be shared with another wrecker service that holds a Rotation Wrecker Service List Permit. If a credible allegation comes to the attention of the Chief of Police or his or her designee that an applicant is owned, in whole or in part, by an individual or an entity that has an ownership interest in a separate wrecker service on the rotation wrecker service list, the applicant shall have the burden of proving to the satisfaction of the Chief of Police or his or her designee that the applicant’s wrecker service is separately insured and is a separate legal entity for all purposes, specifically including without limitation federal, state, and local tax purposes, from any other wrecker service on the rotation wrecker service list. By way of illustration and not limitation, a credible allegation that would place the above-described burden of proof on an applicant would include situations where a husband and wife or other family members are each engaged in the business of towing vehicles and wish to list their respective businesses separately on the rotation wrecker service list.
(J) No applicant who has previously had a Rotation Wrecker Service List Permit revoked under the provisions of this chapter may be issued a new permit until a minimum of 90 calendar days have passed since the date of the revocation.
(Ord. 09 ORD 02-08, passed 2-7-08; Am. Ord. 17 ORD 6-11, passed 6-9-11)