The following duties and obligations shall apply in regard to the tow trucks, tow truck owners and to trick drivers:
A. Removal Of Hazards; Police To Determine Necessity Of Removing Vehicles: After being dispatched by the police department to the scene, the tow truck operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such a vehicle should be impounded or moved, and the tow truck operator shall abide by their decisions. Officers shall refer to police department policies (as amended from time to time) for said determinations.
B. Identification Of Tow Trucks: Only tow trucks bearing the name of the towing service called shall be dispatched to the scene of need.
C. Conduct: All owners of towing services shall conduct their business in an orderly and businesslike manner and use every means to avoid any conflicts between any interested parties. The primary measure to be used by the City in determining whether a towing service has violated this section will be the number and type of complaints received by the City from the public. The police department is charged with the investigation of all complaints related to towing services.
D. Protection Of Vehicles: Vehicles impounded by the police for special investigations, i.e., fingerprints, etc., shall be held in maximum security until cleared by the investigating officers. Contents of vehicles with a police hold shall not be removed until cleared by the investigating officers.
E. Responsibility For Employees' Acts: The owners of a tow truck participating in towing assignments by the police department shall be responsible for the acts of their employees while on duty. Towing services shall be responsible for damage to vehicles while in their possession (with the exception of occurrences that are out of the reasonable control of the towing service).
F. Periodic Inspection Of Records, Equipment, Facilities: Towing services on the roster shall be subject to periodic checks of all towing service's records, equipment and storage facilities by police officers. A towing service that fails to produce tow records or allow for inspections of its equipment and facilities at the request of the police shall be immediately suspended from the roster until further investigation.
G. Damage Appraisals: All vehicles stored or impounded as a result of a tow ordered by the police department shall be made available for inspection to the owner of the vehicle or his representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a police hold.
H. Access To Vehicles: Vehicles impounded or to be impounded by a towing service shall be accessible to police department personnel, and employees of the towing service shall be required to assist police department personnel in respect to the impounded vehicles upon request.
I. Itemized Statements, When Required:
1. A person conducting towing services shall furnish an itemized statement of services performed, labor and special equipment used in completing the tow of a vehicle and the charges made therefor to and upon the request of:
a. The person requesting the towing service;
b. The registered owner of the vehicle towed;
c. The insurance carrier of either subsection (a) or (b) above;
d. The duly authorized agent of subsection (a), (b) or (c) above.
2. A person conducting towing services shall furnish a copy of the statement to any person authorized by this section to receive the statement without demanding payment as a condition precedent. The chief of police or his designee shall have authority over determining who may have access to towed vehicles ordered by the City during any dispute that may arise from this section.
J. Vehicle Repair Or Alteration, When Permitted: A person conducting towing services shall refrain from making any repairs or alterations to a towed vehicle without first being authorized by the City. Parts or accessories shall not be removed from a towed vehicle without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This section shall not be construed to prohibit persons conducting towing services from making emergency alterations necessary to permit the removal vehicles by the tow service.
K. Facilities To Conform To Building Code: Towing services' storage lots, buildings, fencing, driveways, etc., must conform to the building code requirements of the municipality in which the property is located.
L. Zoning Requirements: Business and storage lots of towing services must conform to the zoning regulations of the municipality in which the property is located.
M. Storage Lot Capacity: At no time shall the storage lot of a towing service be filled to more than fifty percent (50%) capacity. Should the lot be filled greater than that limit, the City may suspend towing until such time as the number of the vehicles in the lot is reduced to within the above-stated capacity.
N. Deviation From Roster: Any and all tow truck operators not selected and designated pursuant to this chapter are prohibited from removing from the public streets and towing away any vehicles involved in the situations as set forth in this chapter.
O. Insurance:
1. Each towing service listed on the roster shall have, in full force and effect, during the period the service remains on the roster, public liability, property damage and fire and theft insurance coverage as follows. The City shall be listed as an additional insured on each policy. Proof of such coverage shall be a minimum eligibility requirement.
a. Comprehensive general liability must include the following industry standard forms of insurance:
(1) Premises/operation coverage;
(2) Products and completed operations coverage;
(3) Blanket contractual liability;
(4) Five hundred thousand dollars ($500,000.00) combined single limit, or five hundred thousand dollars ($500,000.00) bodily injury and two hundred fifty thousand dollars ($250,000.00) property damage.
b. Comprehensive auto liability must include the following endorsements:
(1) All owned autos, hired-car coverage, and employers non-owned auto coverage;
(2) The policy shall not contain a radius restriction of less than fifty (50) miles;
(3) Fifty thousand dollars ($50,000.00) on hook liability.
c. Garage Keeper's Legal Liability Or Motor Truck Cargo: The towing service shall provide coverage for the vehicles in their custody. Either a motor truck cargo policy, listing all storage lots as terminal locations or garage keepers' legal liability shall be required. The minimum amount of coverage shall be no less than fifty thousand dollars ($50,000.00).
d. Workers' Compensation And Employers' Liability: Statutory limits for workmen's compensation and a one hundred thousand dollars ($100,000.00) employers' liability limit.
2. Each towing service shall supply the City with a certificate of insurance, which indicates coverage for the above-mentioned minimum insurance requirements and City at least sixty (60) days' notice of cancellation or material change. The certificate of insurance shall name the City as additional insured.
P. City Indemnification: If any service listed on the roster performs towing services in a manner not in accordance with the provisions contained in this chapter, the police department is held harmless from any and all liability or damage arising therefrom and by participating in the roster, the towing service hereby indemnifies and holds harmless the City and the police department and its employees, officers, agents and assigns (indemnitees), for any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnitees by reason of any act or omission of the towing service, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, or any other claims which may arise out of or be in any way connected with the towing services operations performed under this chapter.
Q. Removal Or Suspension From Roster:
1. Any deviation from the requirements established in this chapter, or failure at any time to provide reasonable, quick and efficient service may result in the temporary suspension for no more than sixty (60) days or removal of the name of such towing service from the roster upon the determination of the police chief.
2. The police chief shall provide the tow operator with written notice at least seven (7) calendar days prior to the effective date of the suspension/removal by delivering said notice to the tow operator's place of business. Said written notice shall include:
a. The effective date of the suspension/removal;
b. Whether the suspension/removal is temporary or permanent;
c. The allegations which form the basis of the suspension/removal;
d. The actions, if any, the tow operator may take to prevent the suspension/removal from occurring;
e. The procedure which the tow operator must follow to request a hearing to appeal the suspension/removal;
f. That the towing service may request a hearing by submitting formal request for hearing in writing within seven (7) days from the date of the delivery of notice; and
g. If no hearing is requested, the suspension/removal shall stand.
3. If a hearing is requested, the City Administrator shall act as hearing officer. The City shall set a time for the hearing within thirty (30) business days of receipt the request (if the request is timely made). If the towing service is unavailable at the time provided by the City, the City may (in its discretion) reschedule the hearing, but the suspension/removal will continue until the hearing unless the City is unable to provide an alternative hearing date within the next three (3) days after the initial hearing date.
4. The hearing shall be informal and provide both sides with the opportunity to present all evidence relevant to the suspension/removal. The hearing officer shall issue a written decision based upon a preponderance of the presented evidence within thirty (30) days of the hearing. The opinion will be sent to the towing service's business address with a copy retained in the towing services application file. The City or the towing service may contest the decision of the hearing officer in any manner provided by law. (Ord. 21-0110, 1-11-2021)