For purposes of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
“TOW TRUCK.” A motor vehicle equipped to provide any form of towing service, including recovery service or flatbed/rollback service.
“TOW TRUCK OPERATOR.” An individual who operates a tow truck as an employee or agent of a towing company.
“TOWING.”
(1) Emergency towing, which is the towing of a motor vehicle, with or without the owner’s consent, because of:
(a) A motor vehicle accident on a public highway;
(b) An incident related to an emergency; or
(c) An incident that necessitates the removal of the motor vehicle from a location for public safety reasons;
(2) Private property towing, which is the towing of a motor vehicle, without the owner’s consent, from private property:
(a) On which the motor vehicle was illegally parked; or
(b) Because of an exigent circumstance necessitating its removal to another location; and
(3) Seizure towing, which is the towing of a motor vehicle for law enforcement purposes involving the:
(a) Maintenance of the chain of custody of evidence;
(b) Forfeiture of assets; or
(c) Delinquency of highway fuel tax, weight distance tax, or any other taxes and fees administered by the Transportation Cabinet.
“TOWING COMPANY.”
(1) A service or business operating as a motor carrier that:
(a) Tows or otherwise moves motor vehicles by means of a tow truck; or
(b) Owns or operates a storage lot;
(2) Includes a tow truck operator acting on behalf of a towing company when appropriate in the context; and
(3) Does not include an automobile club, car dealership, insurance company, repossession company, lienholders and entities hired by lienholders for the purpose of repossession, local government, or any other entity that contracts with a towing company.
(Ord. No. 13-2022, § I, 9-6-22)
(A) The Police Department shall maintain rotating schedules specific to the tow service needed (flat bed, conventional tow truck, and tractor-trailer capable). The schedules shall rotate in such a manner as to give each participating towing company an equal opportunity to be contacted by the Police Department.
(B) The rotating schedule may be changed by action of the Chief of Police, Fire Chief, and City Administrator to add or delete towing companies; impacted tow companies may appeal the decision to the City Council for approval or disapproval. Deletion from the schedule may be effected due to non-compliance with this chapter or written request from the towing company.
(C) Nothing in this chapter shall be interpreted to prohibit the owner of a vehicle requiring wrecker service to choose his or her preferred towing company; provided that in such event it shall be the responsibility of the owner to contact the towing company.
(Ord. No. 13-2022, § I, 9-6-22)
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