(a) In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any section of this article, the chief of police shall have, as to the holder of any city permit or as to any applicant therefore, the duty and authority to enforce this article by administrative action.
(b) The proper and safe functioning of towing companies has critical impact on the health, safety and welfare of the public and involves use of the public roadways, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on public roadways; therefore, the privilege of any person to be a city permit holder operating a towing company in the city shall be subjected to strict regulation in order to protect the public.
(c) For purposes of invoking any administrative remedy against a city permit holder, the acts or omissions of any agent or employee of the city permit holder shall be considered to be the acts or omissions of the city permit holder.
(d) Any of the following offenses may be grounds for suspension, cancellation or revocation of a tow company's city permit:
(1) If the place on the tow truck rotation list was procured by fraudulent conduct, concealment of, or false statement of a material fact concerning applicant at the time of his making application;
(2) If the tow company fails to protect vehicles in its care as a result of a tow truck pull or fail to prevent parts, accessories and personal belongings from being removed from the vehicle except as may be necessary to protect said items from theft;
(3) Failure to properly clean up debris at an accident scene;
(4) Failure to maintain a licensed storage facility as required by this article;
(5) Driving any tow truck to or from the scene of an accident in a manner which endangers the life or safety of any person;
(6) Responding to a police tow call with emergency lights activated prior to arriving on scene.
(7) Failure to maintain in effect any insurance required by law.
(8) Charging a fee in excess of the amounts authorized by this article or any amounts not listed in this article;
(9) Permitting a tow truck to be operated by anyone while under the influence of prescription drugs which could interfere with a driver's ability to operate the tow truck;
(10) Permitting a tow truck to be operated by anyone while under the influence of alcohol or illegal drugs which could interfere with a driver's ability to operate the tow truck;
(11) Permitting a tow truck to be operated by anyone whose operator's or driver's license is suspended;
(12) Any sustained complaint of theft by employees of towing company while acting in their capacity as employees of towing company, whether occurring during a police tow or otherwise;
(13) Any sustained complaint of threats made by employees of the towing company while acting in their capacity as employees of towing company made against third parties during a police tow;
(14) Failing to comply with all directions of police officers while performing related activities on a public roadway;
(15) Failure to comply with any state or federal law or city ordinance related to the operation of a permit holder;
(16) Using an employee that has not been approved by the police department to conduct police tows; or
(17) If the tow company is repeatedly tardy in arriving after being called to the scene of an accident by the police department for a police tow.
(Ord. No. 007-2023, § 3, 1-10-2023)