A. An official police tow service’s failure to meet the average response time specified in the tow policy for any thirty (30) consecutive day period, or its failure to meet the maximum response time specified in the tow policy for any single request for tow service, will result in damage being sustained by the city. Such damages are, and will continue to be speculative and difficult to ascertain. Therefore, as a liquidated damage and not as a penalty, each official police tow service shall pay the city two hundred fifty dollars ($250) each time the tow service fails to meet the average response time requirements for any thirty (30) calendar day period, and one hundred dollars ($100) each time it exceeds the maximum response time requirement. Such amounts represent the minimum expense caused to the city for each described response time violation.
B. Written notice and an opportunity for a hearing shall be given to the official police tow service prior to the imposition of liquidated damages, as set forth in the tow policy.
C. The remedies set forth in this section pertaining to violations of response time requirements, are alternative to any other applicable remedies set forth in this chapter.
D. Acceptance of liquidated damages by the city on any occasion shall not be deemed to be a waiver of any subsequent violation by an official police tow service, nor shall acceptance of liquidated damages by the city preclude the Chief of Police from suspending or revoking a franchise as permitted herein for any subsequent violation.
(Ord. 1070, passed 6-1-04)