(a) This section shall apply to a tow from an accident or incident at which the driver or owner of the vehicle is physically present.
(1) A police officer at an accident or incident who determines that a vehicle needs to be towed from the scene shall:
a. Allow the driver of the vehicle to designate a towing company, automotive repair shop, automobile club, or automobile dealer to remove the vehicle;
b. Inform the driver that towing fees for driver-designated towing companies are not regulated by the city and that the responding company is required by state law and by ordinance to hold an incident management tow license; and
c. Assist, if requested, the driver in contacting the entity designated under this division.
(2) If the driver does not make an election under division (a)(1) of this section for any reason the police officer at an accident or incident scene shall inform the driver of the vehicle that a towing company contracted to perform towing services for the city will be contacted to remove the vehicle.
(3) The police officer at an accident or incident scene shall attempt to obtain an affirmative election from the vehicle driver under this section. Failure to make an affirmative election shall be deemed an election to use a contracted towing company under division (a)(2) of this section.
(4) An entity towing a vehicle under division (a)(1) must be authorized in accordance with state law to perform incident management tows. Towing a vehicle without such authorization shall constitute a violation of this article. Each tow performed without authorization is a separate violation.
(5) The requirements of this provision allowing for driver designation do not apply if the vehicle:
a. Is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; or
b. Is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled. A hazard may include, but is not limited to, a wrecked or disabled vehicle that is blocking a lane of traffic or otherwise impeding traffic on a public roadway.
(b) A driver designation of a towing company in accordance with divisions (a)(1) and (a)(4) of this provision is not considered a law enforcement purpose tow.
(c) A tow under division (a)(2) (driver does not make designation) or division (a)(5) (driver designation is not available) is considered a law enforcement purpose tow and is subject to the requirements of this division and applicable city towing contracts.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)