(A) Legislative findings. All facts, policies, and objectives recited in the preamble of the ordinance codified herein are hereby adopted and incorporated by reference in this section.
(B) Title and purpose. This section shall henceforth be known as the “Wrecker Service and Vehicle Storage Facility Ordinance”. The purpose of this section is to provide a safe, efficient, and equitable system for removal of damaged, disabled, abandoned, or illegally parked motor vehicles from county and state roads and highways located within the county, but outside the geographical limits of the City of Owensboro.
(C) Administration of wrecker, repair, and storage facilities.
(1) All applications, fees, lists, complaints, or other written information concerning the administration of this section shall be maintained and monitored by the County Sheriff. All requests by the Sheriff’s Department personnel for wrecker and/or storage facility service in the county shall be administered through a Sheriff’s Department radio dispatcher as directed in this section. All wrecker services, automobile body repair businesses (independent or dealership), and vehicle storage facilities within the county that meet the minimum qualifications and requirements prescribed below shall be eligible to provide wrecker, repair, and/or vehicle storage services.
(2) The Sheriff shall maintain and monitor three separate lists from which it shall administer wrecker and/or vehicle storage services:
(a) Wrecker service list;
(b) Automobile body shop repair list; and
(c) Approved vehicle storage list.
(D) Eligibility for inclusion on service lists.
(1) Wrecker service list. All wrecker service businesses in the county shall be eligible for inclusion on the wrecker service list provided said business meets all of the following requirements and conditions.
(a) All wrecker service businesses must submit a written application in a form and format approved by the County Sheriff and pay an annual regulatory service fee of $250.
(b) The wrecker service must provide 24-hour service, seven days per week, and shall respond to all emergency calls within a reasonable time period. In addition, the wrecker service must have a local telephone number to handle emergency calls on a 24-hour basis.
(c) All wrecker services must be independently owned and operated from one location. INDEPENDENTLY OWNED AND OPERATED means that no body shop, repair, or auto storage facility shall have an ownership interest in more than one wrecker service on the county’s list. No wrecker service shall be included on the list until its service application has been submitted and approved by the Sheriff and the annual service fee has been paid. The wrecker service shall notify the Sheriff of any changes in the information on the wrecker service application. All wrecker businesses submitting applications for inclusion on the service list are, by virtue of submission of an application, deemed to have agreed to and be bound by the terms thereof. The wrecker service must have a minimum weight limit of one ton, be equipped with a motor-driven wench, wheel lifts and dollies, and otherwise meet standard wrecker specifications as may hereafter be determined by the Sheriff from time to time. Each wrecker service must be capable of towing imported vehicles not designed to be towed by conventional methods, and all drivers/operators must be familiar with the recommendations of various manufacturers regarding towing of that particular manufacturer’s vehicle. In addition, the wrecker must be equipped with one ABC fire extinguisher, safety chains, dolly, axe, broom, and shovel. The wrecker service is responsible for cleaning all debris from streets and property and disposing of the same when called to the scene of an accident, and must have some type of material to absorb spillage of liquids from wrecked vehicles on county or state roads and highways.
(d) The wrecker service must provide a copy of its for-hire I.D. card issued through the Commonwealth Department of Transportation, Division of Motor Carriers. The name and DOT numbers must be permanently painted on wrecker vehicles.
(e) The wrecker service may impose a reasonable or agreed upon charge for towed or transported vehicles, and shall furnish the Sheriff with a current itemized list of all charges for wrecker service, including basic tow and add-on charges. Wrecker services are prohibited from charging more for services rendered under the Sheriff’s list than would otherwise be charged for identical services to private customers. Wrecker service shall notify the Sheriff of any increase in wrecker service charges at least 30 days prior to the implementation of new charges.
(f) The wrecker service shall have personnel available during reasonable business hours to provide information to the county and vehicle owners, owner’s agent, or representative, concerning the transportation or storage of a towed motor vehicle.
(g) The wrecker service shall be responsible for all losses, theft, or damage to vehicles from the time they are towed until the vehicle is released to the owner, a dealership, auto repair, or storage facility.
(h) The wrecker service must furnish an adequate record system for all motor vehicles and property towed and stored, and adequate storage for all personal property removed therefrom. Said records shall contain information including, but not limited to, a log indicating vehicle description (make, model, VIN, color, and the like), license number, and any personal property in the vehicle, along with the date and time of towing and release.
(i) The wrecker service shall employ only those operators holding a valid commonwealth driver’s license without conditions or restrictions that would impair the driver’s ability to operate wrecker equipment.
(j) The wrecker service must provide the Sheriff with certificates of insurance insuring said wrecker service against theft, vandalism, personal injury, damages, or other casualty losses in amounts and on such terms as are provided in division (D)(1)(i) above.
(2) Automobile repair facility list. All automobile body repair facilities within the county, including dealerships, who meet the following requirements and conditions, shall be eligible for inclusion on this list.
(a) Automobile body repair businesses shall pay an annual regulatory service fee of $250, and must submit a written statement to the Sheriff granting approved wrecker businesses 24-hour access to business premises and provide instructions for temporary placement of wrecked vehicles.
(b) Automobile body repair business shall indemnify and hold wrecker drivers harmless from any liability resulting from theft, vandalism, or damage to vehicles left on the business premises, and shall be liable for charges by wrecker business for transportation of wrecked vehicle to its premises.
(3) Vehicle storage facility list. The vehicle storage facility list may be established by either of the two methods provided below.
(a) The County Sheriff may elect to utilize the vehicle storage facility list established by the City of Owensboro pursuant to City of Owensboro Ordinance 36-93.
(b) If the Sheriff elects not to utilize the vehicle storage facility list established by the city, then all authorized automobile storage facilities within the county shall be entitled to compete, through bid proposals, for inclusion on the storage facility list that will provide storage service. The vehicle storage facility list would be determined by the following process.
1. As soon as practicable after the adoption of this section, the Sheriff shall advertise and solicit competitive bid proposals for vehicle storage service, based on the specifications, terms, and conditions that best facilitate reliable vehicle storage service, and preserve and protect the public health, safety, and welfare.
2. At a minimum, specifications for competitive bid proposals shall include payment of an annual regulatory service fee in the amount of $250, and require all vehicle storage facilities to comply with applicable zoning laws, regulations, and other industry standards, including storage experience and readiness. These shall be in addition to any and all other specifications established by the Sheriff. The Sheriff reserves the right to accept one or more bids that best promote its objectives, and further reserves the right to reject any and all bids that do not meet specifications, terms, and conditions prescribed in this division (D)(3)(b)2.
3. Thereafter, and at least every three years, the Sheriff shall advertise and solicit competitive bid proposals for vehicle storage service, based on specifications, terms, and conditions that would allow for, but not necessarily require, an increase in the existing number of vehicle storage facilities on said list.
(c) Inclusion of wrecker services, automobile body repair, and storage facilities on service lists shall not be construed as an employment or contractual relationship between the Sheriff and/or county and said business or facility, and the Sheriff and/or county assumes no liability by virtue of this division (D)(3)(c), for damages claimed by vehicle owners, or any and all other persons who may present a claim for damages against the Sheriff and/or county in connection with the towing, repair, and/or storage of a motor vehicle.
(E) Removal of wrecked or disabled vehicles; preference calls.
(1) The owner or lawful operator of a damaged or disabled motor vehicle requiring wrecker service and body repairs shall have the right to determine the wrecker service to be summoned and the destination of said vehicle. The officer in charge of an accident scene involving a disabled or wrecked vehicle shall, as soon as is appropriate, determine the motor vehicle owner/operator’s destination preference, if any, and shall honor the vehicle owner/operator’s preference for wrecker service and/or destination of the vehicle, if indicated, which information shall be recorded by the officer on an official Department tow slip. No owner, employee, or agent of any wrecker service summoned to the scene of an accident shall participate in, or influence, the decision of the vehicle owner/operator as to the destination of the wrecked or disabled vehicle, and to the extent required to clear any accident scene, the officer in charge shall control communications with the vehicle owner/operator.
(2) If the owner or operator of the wrecked vehicle indicates no preference for wrecker service, then the officer in charge of the accident scene shall direct the radio dispatcher to dispatch the next wrecker on the wrecker service list, on a rotational basis. The wrecker service shall take the vehicle to any destination indicated by the vehicle owner or operator, within the county, day or night; provided, that if a vehicle owner or operator requests that a vehicle be taken to a residence or any destination other than an auto body repair business on the county’s repair facilities list, the wrecker service shall not be required to transport said vehicle to the requested destination unless the owner or operator has made satisfactory arrangements with the wrecker service for payment. If satisfactory arrangements for payment are not made, wrecker service shall transport the vehicle to the next storage facility on the county’s storage facility list on a rotational basis.
(F) Removal of wrecked, abandoned, or illegally parked vehicles; non-preference calls. Where the motor vehicle operator is injured, unavailable, or otherwise indicates no preference for destination of a wrecked vehicle, then the radio dispatcher shall dispatch the next wrecker on the rotational wrecker list who shall transport the vehicle to the next authorized storage facility on the rotational storage facility list.
(G) Removal of legally parked; unoccupied vehicle. In the event of an emergency that requires the Sheriff’s Department to move a legally parked, but unoccupied, vehicle from a county or state road or highway located in the county, but outside the geographical limits of the City of Owensboro, the officer in charge shall instruct the radio dispatcher to dispatch the next wrecker service on the rotation list. Wrecker service will be contacted only after the vehicle’s owner or operator cannot be contacted to move the vehicle, or when the owner or operator cannot remove said vehicle in a timely manner. Under these circumstances, the county shall be liable to the wrecker service for the reasonable and customary tow charge, and the wrecker service thus dispatched shall lose its position on the rotation list, as would otherwise occur under normal circumstances.
(H) Enforcement.
(1) The County Sheriff shall investigate all complaints that a violation of this section has occurred, and present this findings and all documentation and evidence supporting same to the County Judge/Executive.
(2) The County Judge/Executive may take any and all actions reasonably necessary and appropriate to determine the validity or invalidity of the complaint.
(3) If the County Judge/Executive finds by a preponderance of the evidence that a violation has occurred, he or she may impose the following penalties.
(a) For the first violation, wrecker service, auto body repair, or storage facility may be suspended from its respective service list for a period of time not to exceed six months.
(b) For a subsequent violation by the same offender within a two-year period, suspension from the appropriate list for at least six months, but not to exceed one year. Any subsequent violation by the same offender within a two-year period shall result in permanent removal from the appropriate list.
(4) The decision of the County Judge/Executive with regard to compliance issues and imposition of penalties is binding and final.
(I) Promulgation, rules, and regulations. The County Sheriff shall have the authority to adopt and promulgate appropriate rules and regulations to carry out the provisions of this section, subject to the approval of the County Judge/Executive.
(J) Advisory Committee. The City of Owensboro, pursuant to the authority of City Ordinance 36-93, has established an Advisory Committee to monitor the wrecker service, vehicle storage, and auto repair businesses operating within the local community. The Sheriff is directed to seek the guidance of this Committee and, when appropriate, incorporate and act upon its recommendations.
(K) Effective date. This section shall take effect on the fifteenth day following publication of the notice of adoption of same.
(Ord. KOC 521.1 (2007), passed 9-6-2007)