(A) No wrecker service shall arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio, or other device, for the purposes of soliciting towing or repair services.
(B) The wrecker service shall arrive at the location of the vehicle to be towed within a reasonable time after receiving a request from police personnel for towing services. If the wrecker service dispatched from the rotation list does not answer the call or respond within a reasonable time, the next wrecker service on the rotation list will be called, and the non-responsive wrecker service will not receive another request for towing services until the communications center has cycled through the list as if the wrecker service had answered the call for service in a timely manner. When determining the reasonableness of a wrecker service's response time, the on-duty supervisor for the police personnel on the scene shall take into account the weather conditions, traffic conditions, and the past performance of wrecker services on the rotation list under similar circumstances.
(C) Any wrecker service operating under this chapter must have the following records of any motor vehicle towed as a consequence of the wrecker service's inclusion on the rotation list: The make and model of the towed vehicle, the vehicle identification number for the towed vehicle, the license plate number of the towed vehicle when such a plate is on the vehicle, and the date when the towing service was provided. These records shall be maintained for a period of two years from the date of towing by the tow service and shall be made available for inspection and review at any time by the Chief of Police or his or her designee.
(D) All vehicles towed as a result of a request for a rotation wrecker shall be stored in the storage facility identified in the wrecker service's most recent application for inclusion on the rotation list. The wrecker service shall, at a minimum, allow vehicles to be retrieved from this storage facility every calendar day of the week between the hours of 8:00 a.m. to 5:00 p.m., excluding city recognized holidays.
(E) At its storage facility for towed vehicles, the wrecker service shall post a notice, which shall be printed with lettering and numbers that are not less than three inches in height, setting forth the manner in which to redeem any towed vehicle. This notice shall be placed so as to be clearly visible to individuals approaching the business in order to redeem a towed vehicle or retrieve items from a vehicle. Additionally, this notice shall contain contact information for a wrecker service employee that shall be available by telephone at all times and can respond to emergencies requiring access to a stored vehicle.
(F) The person operating a wrecker service on the rotation list shall make every reasonable effort to minimize damage to towed and stored motor vehicles. Where applicable, such reasonable effort shall include, but is not limited to, the use of a dolly or carriage for towing, the disconnection of the drive shaft, release of brakes, towing at a reasonable speed, and the securing of the motor vehicle from damage by the elements.
(G) No towed vehicle may be dismantled, have parts removed, or tires deflated, except as necessary for towing the motor vehicle or securing it from damage by the elements.
(H) In the event of a motor vehicle accident, the rotation wrecker service dispatched to the scene shall remove all wreck debris, other than hazardous materials, from the road and/or right-of-way and properly dispose of it. Hazardous materials consist of those materials, and amounts of materials, that are required by law to be handled by Hazardous Materials Teams.
(I) All wrecker service vehicle operators shall have a valid driver's license for the type of vehicle driven. A limited driving privilege shall not be allowed.
(J) A wrecker service vehicle operator or employee shall not arrive at the site of an incident with the odor of alcohol on his/her breath or while under the influence of alcohol, drugs, or any impairing substance.
(K) Wrecker service owners, operators, and employees shall not be abusive, disrespectful, or use profane language when dealing with the public or public safety personnel.
(L) Wrecker service vehicle operators and employees responding to a request for service shall use their best efforts to secure, to the extent possible, personal property found at the scene or in a vehicle that is about to be towed.
(M) The wrecker service is responsible for the collection of all fees and costs incurred in the course of providing towing services.
(Ord. 09 ORD 02-08, passed 2-7-08)