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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.
(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)