§ 121.05  NONCONSENT TOWING.
   (A)   The Chief of Police shall maintain in alphabetical order a master list, (“the rotation list”), containing the names of all wrecker businesses operating within the city which have registered with the Chief of Police and which desire to engage in the nonconsent tow business within the city. Where the same person owns an interest (whether in whole or in part) in more than one wrecker company, they shall not be listed consecutively.
   (B)   Each wrecker business engaging in nonconsent tow business within the city shall be responsible for the following:
      (1)   Continually meeting all state and local regulations and requirements;
      (2)   Providing the Chief of Police or his designated representative with current business information as requested and in such form as may be requested;
      (3)   Provide accurate and timely informa- tion to the City Police Department regarding the current ability of such business to handle nonconsent tow business;
      (4)   Providing response equipment fully capable of handling accident/incident scene vehicles;
      (5)   Providing personnel and equipment required to properly clean and remove accident/ ncident debris from the roadway site;
      (6)   Providing for professional handling of accident/incident scene vehicles, the security of contents thereof and for the courteous and pro- essional attendance of subject vehicle owner/ occupant/passenger concerns, inquiries and/or requests;
      (7)   Providing the Chief of Police or his designated representative with current information as to the location of the ten nonconsent vehicle storage facility spaces dedicated to the support of such wrecker business;
      (8)   Insure all wrecker business personnel fully comply with directions and/or requests of accident/incident scene law enforcement, fire response, and/or other emergency response personnel; and
      (9)   Not charging more than $100 for a nonconsent wrecker tow or more than $20 per day for vehicle storage without proper authorization from the Chief of Police for unusual accident/incident scene conditions.
   (C)   Each vehicle storage facility used for nonconsent tow vehicle storage shall be responsible for the following:
      (1)   Continually meeting all state and local regulations and requirements;
      (2)   Providing the Chief of Police or his designated representative with current business information as requested and in such form as may be requested;
      (3)   Provide for courteous and professional handling of all nonconsent tow vehicle's owner/occupant/passenger concerns, inquiries and/or requests; and
      (4)   Not charge a fee for a nonconsent tow vehicle storage daily rate, or fraction thereof, of more than $20 without proper authorization from the Chief of Police for unusual storage requests or from the owner/occupant/passenger if the fee is understood and agreed to by all parties in advance of incurring the charges.
   (D)   The Chief has the right to suspend and/or remove any wrecker business from the rotation list for failing to provide the proper level of support to the Police Department. Reasons for suspensions could involve problems such as a wrecker business failing to respond in a timely manner without reasonable justification for the delay (including advance notice of being out of service or being unavailable for service); failing to follow directions given by fire, police, or accident scene personnel; failure to properly clear debris from accident scenes; responding to an accident/incident location without being dispatched by the Police Department and actively soliciting accident/ incident scene business; failure to satisfactorily perform at an accident/incident location and other matters perceived to be counterproductive to the efficient handling of an accident/incident site; and failure to use a vehicle storage facility meeting the requirements of division (C) of this section. Indefinite suspension or removal for prolonged periods of time from the rotation list is at the discretion of the Chief of Police and could result from repeated violations of one or more of the provisions of this chapter and/or such things as failure to maintain proper licenses, insurance, facilities; causing additional problems at accident/incident scenes, and/or otherwise failing to demonstrate a responsible approach to the support of the city's nonconsent tow truck needs. The City Manager shall have the right to review and uphold, amend, and/or rescind any actions of the Chief of Police taken under this division (D). The City Council shall have the right to review and uphold, amend, and/or rescind any action taken by the City Manager under this division (D).
   (E)   In the event the owner or operator of a vehicle involved in an accident/incident is physically unable to designate for the investigating officer a wrecker business to tow such vehicle, or in the event that such owner has no preference as to a wrecker business, or in the event that the owner or operator of such vehicle (whether or not such vehicle has been involved in an accident/incident) is arrested and in the opinion of the arresting officer such vehicle cannot or should not be released to another person designated by such owner or operator, then the investigating or arresting officer, as the case may be, shall communicate such fact to the police dispatcher. On receiving such communication, the police dispatcher shall call the wrecker business next in line on the rotation list to tow such vehicle to a vehicle storage facility within the corporate limits of the city which meets all of the requirements of this chapter. Provided, however, where the wrecker business so called does not arrive at the location given to it by the police dispatcher within 15 minutes after receiving such call, the police dispatcher shall cancel such call and call the wrecker business next in line on the list to tow such vehicle.
   (F)   The police dispatcher shall have the right to call any wrecker business within or without the city not on the rotation list should all the wrecker businesses on the rotation list be overloaded or otherwise unable to meet the need for commercial towing services in a timely manner.
(Ord. 1732, passed 12-7-92; Am. Ord. 2006-2113, passed 2-6-06; Am. Ord. 2010-2262, passed 10-4-10)  Penalty, see § 10.99