(A) Any wrecker firm desiring entry on the wrecker rotation list will be placed on the list provided that the following requirements are met:
(1) The wrecker firm and storage area must be physically located within the city limits, or one and one-half miles thereof.
(2) The wrecker service will use only tow trucks equipped with revolving or flashing amber or yellow light(s), which shall be operating during any tow. Additionally, the wrecker service will maintain towing equipment which is adequate to perform the towing service in a reasonably workmanlike manner and is properly equipped to tow vehicles in such a manner as to minimize any damage to towed vehicles. At all times, and not just for inspection purposes, wrecker services shall have and maintain in good working order the equipment, tools, and supplies as follows:
(a) Axe;
(b) Large broom;
(c) Fire extinguisher, five pound multi-purpose dry chemical;
(d) Shovel;
(e) Flares or traffic cones 28 inches in height;
(f) Two snatch blocks;
(g) Two scotch blocks;
(h) Dollies (except rollback wreckers);
(i) A five-gallon waterproof, covered, and full container of “speedi-dry” or similar type of absorbent material;
(j) Cable, one spool having at least 100 feet and measuring three-eights of an inch in diameter;
(k) Bolt cutters; and
(l) Safety vest.
(3) The wrecker firm must have a well-lighted fenced area for the purpose of storing and keeping wrecked vehicles. The wrecker firm is liable for theft or vandalism to a wreckee’s property. Towed vehicles must be stored in the enclosed area until claimed by the owner.
(4) The wrecker firm must show evidence of carrying insurance in the following amounts:
(a) Hook or cargo policy. A hook or cargo insurance policy issued by a company authorized to do business in the state in the amount of $100,000 for each small wrecker and $250,000 for each large wrecker, or as otherwise required by federal regulation, whichever is greater.
(b) Garage liability policy. A garage liability policy covering the operation of hte licensee’s business equipment or other vehicles for any bodily injury or property damage. This policy shall be in the minimum of $1,000,000 for any one person injured or killed and a minimum of $1,000,000 for more than one person killed or injured in any accident, and an additional $50,000 for property damage.
(c) Garage keeper’s policy. A garage keeper’s legal liability policy for each storage premises covering fire, theft, windstorm, vandalism, and explosion in the amount of $100,000 ($50,000 per claim per vehicle).
(5) The wrecker firm must provide 24-hours per day, seven days per week, on-call service. The firm must have one daytime and one nighttime/weekend/holiday number and must answer or lose the call. Voicemail messages will not be utilized.
(6) The wrecker firm must permit annual inspection of vehicles, equipment and storage area by the City Police Department.
(7) The wrecker firm shall be responsible for clearing the street of debris caused by an accident before leaving the scene.
(8) All wrecker firms within the city must be duly licensed by the city to conduct business.
(9) The wrecker firm’s vehicles must be properly registered by the State Department of Motor Vehicles and drivers of the wrecker firm’s vehicles must be properly licensed to drive by the state.
(10) The wrecker firm shall be forbidden to tie onto a wrecked vehicle at the scene of an accident in the city without authorization by the officer at the scene.
(11) The wrecker firm shall at all times have qualified operators available for their wreckers who must not be under the influence of any impairing substance(s).
(12) Compliance with fee schedule. Wrecker services shall charge for their services only those fees or costs as established in the city’s fee schedule and any amendments thereto, and the fee schedule and amendments thereto are hereby adopted by reference and incorporated as if set out at length herein. Wrecker services shall be required to sign a fee schedule agreement as determined by the Chief of Police. Copies of the fee schedule are on file in the Office of the City Clerk for public inspection. On any wreck handled by a police rotation wrecker for which a nonstandard charge is made, the wrecker firm shall notify the Chief of Police in writing within 24 hours.
(13) A wrecker firm who receives a call for wrecker service by rotation shall decline the call if the driver cannot reach the scene in 30 minutes. The wrecker firm’s rotation turn will be forfeited.
(14) Release authorization receipt. No towed vehicle may be released by the wrecker service until the owner or operator presents the wrecker service with a release authorization receipt from the Police Department.
(15) Investigation by the Chief of Police. Within five business days after receipt of each application, the Chief of Police or designee shall cause an investigation to be made of the applicant and of the applicant’s proposed operation. This investigation shall be made for the purpose of verifying the information in the application and to assure compliance with the provisions of this chapter.
(B) Interception of police calls. No wrecker service shall arrive at the scene of a police investigation as a result of monitored or intercepted police calls by radio or other device, for the purpose of soliciting towing or repair services.
(C) Annual inspection. It shall be the duty of the Chief of Police or designee to inspect on an annual basis all of the wrecker services on the police rotation list. The inspection shall include the operation’s records, wrecker vehicles, storage facilities, insurance policies, and any other areas the Chief of Police or designee may deem appropriate to the operation of the service on the police wrecker rotation list.
(D) Noncompliance and/or violation.
(1) A wrecker firm who is found to be in noncompliance with or violation of any of the requirements that are set forth in this section may be subject to the following actions when offenses occur within a one year period:
(a) First offense: seven day suspension;
(b) Second offense: 14 day suspension;
(c) Third offense: 30 day suspension; and/or
(d) Fourth offense: removal from the rotation wrecker list.
(2) The wrecker service shall be notified in writing by the Chief of Police of the action and the reasons for his/her decision.
(3) A wrecker firm may reapply for the rotation list after the completion of the suspension period, subject to all provisions of the suspension, including, but not limited to, the correction of all noncompliance.
(E) A wrecker firm who is dissatisfied in any way with the administration of the rotation system or wrecker requirements shall file a written statement with the Chief of Police within ten business days of the occurrence/complaint. If the Chief of Police cannot satisfy the complainant, a statement shall be filed with the City Manager. If the City Manager cannot satisfy the complainant, a statement shall be filed with the City Council for their consideration.
(‘70 Code, § 25½-1) (Ord. 1974-17, passed 3-4-74; Am. Ord. 1975-29, passed 6-2-75; Am. Ord. 2005-63, passed 7-5-05; Am. Ord. 2019-2, passed 1-7-19)