(a) The Police Department shall inquire of individuals whose motor vehicles are subject to towing if such individual has a preference of the towing service to be used. Such individuals shall not receive advice or assistance from the Police Department to determine a preference. Should the individual communicate a preference, such towing service shall be notified that its services have been requested, unless such request would be unreasonable for public welfare and safety as opposed to a closer or quicker towing service. Should no preference, or an unreasonable preference, be given or should the situation occur where towing is needed and the individual cannot communicate such a preference the towing service shall be dispatched based upon the rotational list established by the Harrison County Bureau of Emergency Services, Enhanced 9-1-1 Communications Center, specifically for central Harrison County, provided, that each such towing service shall maintain its facility within one half air mile of the City limits of the City of Clarksburg. If the individual provides an unreasonable preference, the Police Department shall document the reasons as to why the preference was unreasonable. All towing services on the Central Harrison County 911 list shall provide to the Police Department a certificate of insurance annually showing coverages for liability, property damage and bodily injury. Such towing service shall further comply with all municipal, state and federal laws and regulations.
(b) Should there by a problem with the use of any of the towing services on said rotation list, the Police Department shall document such incidents and infractions of the tow service including, but not limited to, arriving at the scene late or not arriving at the scene at all. Such incidents and infractions shall be provided to the Chief of Police. The Chief of Police has the right to remove a towing service from the rotation list of the Harrison County Bureau of Emergency Services, Enhanced 9-1-1 Communications Center for reasons including, but not limited to, the following:
(1) Intoxication on the part of the driver of the tow truck.
(2) Inexcusable tardiness, or failure to make an appearance within a reasonable time limit.
(3) Equipment deemed inappropriate and considered a safety hazard.
(4) Any other non-conforming action that would be deemed inappropriate by the Clarksburg Police Department.
(c) The Clarksburg Police Department shall not be liable for any damages, or injuries, that may occur as a result of the process of towing by said towing services.
(d) For each incident where towing services are required, the Police Department shall maintain a public record of the name of the towing service utilized.
(Ord. 02-12. Passed 5-16-02.)