§ 78.03 POLICE CALL LIST.

   The Chief of Police is hereby authorized to establish a call list of tow services desiring to provide towing services upon request of police officers. The tow services that desire to be placed upon the call list shall comply with the requirements of this chapter and with all other rules and regulations the Chief of Police may issue regarding towing services.

(Ord. 12-13-12, passed 12-3-12)

§ 78.04 SELECTION OF TOW SERVICES DURING POLICE INVESTIGATIONS.

   In all police-initiated towing of vehicles, the operator of the vehicle, if present and not incapacitated, shall have the right to select a tow service of his or her choice to perform the towing service. If the operator of the vehicle to be towed is not present, or is incapacitated, or has no preference as to any specific towing service, the police officer ordering the tow shall request that the towing service be performed by the tow service then on call according to the call list maintained by the police communications center. If this tow service cannot, does not or will not answer the request within a reasonable time, the officer will call the towing service that is next in rotation. When emergency circumstances prevail, the police officer may request towing services from the tow service nearest to the scene of the accident or emergency. A police officer may also request towing services from any company operating large cranes or other heavy equipment if necessary to remove traffic obstructions involving large trucks or heavy equipment.

(Ord. 12-13-12, passed 12-3-12)

§ 78.05 APPLICATION FOR CALL LIST PRIVILEGE.

   (A)   Application for listing on the police call list of tow services shall be notarized and shall be made upon blank forms prepared and made available by the Chief of Police and shall contain the following information:

      (1)   The name, home address and proposed business address of each owner, part owner or partner, silent or active, and if a corporation, each officer, director and shareholder;

      (2)   The business address, business telephone number, telephone number for night calls, location and telephone number for storage area;

      (3)   A description of the size and capacity of all tow trucks used by the tow truck operator;

      (4)   A description of the storage area for towed vehicles; and

      (5)   A copy of the registration card issued by the State Department of Motor Vehicles for each tow truck used by the tow truck operator, indicating that each tow truck is registered as a wrecker as defined in G.S. Ch. 20.

   (B)   The application shall be signed by each owner, part owner or partner, silent or active, and if a corporation shall be signed by all shareholders, officers and directors.

(Ord. 12-13-12, passed 12-3-12)

§ 78.06 INSURANCE.

   No tow service shall be added to the police call list until the applicant has deposited with the Police Chief proof of the following liability coverage.

   (A)   Garage keeper’s policy. A garage keeper’s comprehensive facility liability policy covering fire, theft and explosion in an amount not less than $20,000, together with collision liability coverage of not less than $20,000, subject to a maximum deductible of $100.

   (B)   Garage liability policy. A garage liability policy, covering the operation of the applicant’s business, equipment and vehicles, for any bodily injury, personal injury or property damage. This policy shall be in an amount not less than $100,000 for each person and not less than $300,000 aggregate. This policy shall also have not less than $50,000 coverage for any damage arising out of injury to or loss of or destruction of property.

(Ord. 12-13-12, passed 12-3-12)

§ 78.07 INVESTIGATION BY CHIEF OF POLICE.

   Within five business days after receipt of each application for listing on the police call list, the Chief of Police or his or her agents shall cause an investigation to be made of the applicant and of his or her proposed operation. Such investigation shall be made for the purpose of verifying the information in the application and to ensure compliance with the provisions of this chapter.

(Ord. 12-13-12, passed 12-3-12)

§ 78.08 STANDARDS FOR SERVICES ON CALL LIST.

   The Police Chief shall add a tow service to the police call list when he finds that:

   (A)   The public convenience and necessity require the proposed tow service for which the application has been submitted.

   (B)   The tow service business location and its storage facilities are or will be located within or no more than five miles outside the city limits;

   (C)   Insurance policies as required by this chapter have been procured;

   (D)   All applicants, owners, officers, directors, shareholders and partners are fit and proper persons to conduct or work in the proposed business and have never been convicted of any felony, assault, theft or any other crime involving the taking, use, tampering with or conversion of a motor vehicle;

   (E)   The tow service will use only tow trucks equipped with an amber-colored flashing light, which shall be operating during any tow as provided by law;

   (F)   The tow service will provide 24 hours per day, seven days per week, on-call service;

   (G)   The tow service will arrive at the location of the vehicle to be towed within 20 minutes after receiving a request for day towing service and within a reasonable time after receiving a request for night, weekend and holiday towing from the Police Department;

   (H)   The tow service will provide and use a storage area for towed vehicles that is enclosed by a chain link fence or equivalently secured fence or enclosure which shall be illuminated at night;

   (I)   The requirements of this chapter and all other governing laws and ordinances have been met; and

   (J)   No applicant nor any owner, officer, director, shareholder, associate or partner of the applicant is already listed on the call list whether in his own name or as an owner, officer, director, shareholder, associate or partner of any other listed towing service.

(Ord. 12-13-12, passed 12-3-12)

§ 78.09 DUTIES OF SERVICE ON CALL LIST.

   A tow service shall be added to the police call list subject to the following conditions:

   (A)   Maintenance of equipment. Tow services shall maintain towing equipment that is adequate to perform towing service in a reasonably workmanlike manner and is properly equipped to tow vehicles in such a manner as to minimize any damage to towed vehicles.

   (B)   Compliance with rate schedule.

      (1)   Tow services shall not charge for their services more than the most currently adopted schedule, on file in the office of the City Clerk.

      (2)   Towing involving extraordinary labor and expenses: The maximum charge may be exceeded if unusual and extraordinary circumstances prevail at the scene of an emergency, but use of a dolly in making a tow of an unwrecked motor vehicle shall not be considered justification for an additional charge in the absence of unusual and extraordinary circumstances requiring an unusual expenditure of time and labor by the tow truck operator.

   (C)   Interception of police calls. No tow service shall arrive at the scene of a police investigation as a result of monitored or intercepted police calls by radio or other device for the purpose of soliciting towing or repair services.

   (D)   Records.

      (1)   Any tow service operating under this chapter must have the following records of any motor vehicle towed:

         (a)   The make and model of the motor vehicle;

         (b)   The license number of the motor vehicle; and

         (c)   The date of the towing service.

      (2)   These records shall be maintained for one year from the date of towing by the tow service.

   (E)   Storage. Any motor vehicle towed must be stored in a yard with adequate security against intruders, including chain link or equivalently secured fencing or enclosure and lighting at night.

   (F)   Availability for redemption. The tow service shall post a phone number at the place of business setting forth the manner in which to redeem any towed vehicle. Such phone number shall be printed not less than three inches high and posted in a place clearly visible outside the business. The sign shall explain in what manner a stored vehicle can be redeemed.

   (G)   Damage. The person operating any such tow service 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 driveshaft, release of brakes, towing at a reasonable speed, and the securing of the motor vehicle from damage by elements.

   (H)   Early surrender. If the owner of a motor vehicle shall return before the hook- up is complete, the tow service shall release the vehicle to such owner or operator upon demand and shall not have the right to charge such owner or operator a fee as specified above.

   (I)   Securing stored vehicles. 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.

   (J)   Itemized statement. The tow service bill for towing and storage of any motor vehicle shall be itemized to reflect services performed, labor or other materials required, and any storage or other charges.

(Ord. 12-13-12, passed 12-3-12)