(A) Grounds for suspension. The following shall be grounds for suspension or revocation of a police rotation list permit issued under this article:
(1) The permit was secured by fraud or by the concealment of a material fact by the permit holder and that fact, if known, would have caused a refusal to issue a permit;
(2) The permit holder has violated any of the requirements of the regulations established by the wrecker inspector under this article;
(3) Past services rendered by any permit holder are shown to be detrimental to the public health, safety and welfare, including overcharging of wrecker fees or false charging of items done by the wrecker business;
(4) The permit holder paid in the form of a gratuity any third person for information as to the location of the accident;
(5) The permit holder has violated the fee schedule by overcharge or false charges;
(6) Failure to operate the wreckers specified in such a manner as to serve the public adequately and efficiently;
(7) Failure to maintain wrecker and vehicle in good condition;
(8) Failure to pay the city privilege license fee imposed upon wreckers;
(9) Failure to report accidents while towing city rotation call vehicles or to furnish other records and reports as may be required by this chapter and/or the wrecker inspector;
(10) The permit holder illegally solicited tow or repair services at a police investigation;
(11) The permit holder paid any third person for information as to the location of any vehicle in compensation for calling the permit holder to tow the vehicle;
(12) The permit holder has violated any of the requirements of this chapter or any of the rules and regulations as established by the Revenue Collector or the City Council;
(13) The permit holder refused an annual inspection by the Police Department;
(14) The permit holder failed to meet all requirements in the annual inspection by the Police Department; and/or
(15) The permit holder fails to respond to three consecutive rotation calls.
(B) Response to calls. Wreckers on the rotation list are expected to respond to calls. If the permit holder does not answer the call or respond within the times specified in the chapter, the next business or operator on the list will be called. The Police Department shall send notice in writing to the permit holder after the second call with no response to either the call or call for service. If the towing business or operator does not respond to three consecutive rotation calls without prior notification to the police, the Chief of Police is authorized to suspend or recommend revocation of the holder’s permit.
(C) Revocation or suspension. If the Chief of Police determines that any of the above violations have occurred, the Chief of Police shall have the authority to revoke or suspend a permit as follows:
(1) For violation of subsection (A)(1) of this section, the Chief of Police shall recommend to the City Manager the license shall be revoked;
(2) For a first-time violation of subsections (A)(2) through (14) of this section, suspension up to 30 days;
(3) For a second violation of subsections (A)(2) through (14) of this section, within a period of two years from the date of the first suspension, suspension up to 90 days;
(4) For a third violation of subsections (A)(2) through (14) of this section, within a period of two years from the date of the first violation, revocation may be recommended to the City Manager; and
(5) For a violation of (A)(15) of this section, the permit holder will be removed from the rotation list for a period of 180 days for a first violation and may recommend to the City Manager that the permit be revoked for a second violation of subsection (A)(15) within a period of two years from the date of the first violation.
(D) Final decision. If the Chief of Police recommends a permit be revoked, the City Manager shall be the final decision authority as to whether the permit shall be revoked. If the facts presented to the City Manager by the tow service operator warrant mitigation of the recommended action, the City Manager may mitigate the revocation to a suspension of not more than 180 calendar days from the date of the City Manager’s decision. A tow service operator may appeal to the City Manager any suspension imposed by the Chief of Police. If appealed, the City Manager is the final decision authority. As the final decision authority, the City Manager may sustain the suspension, mitigate it or overturn the decision by the Chief of Police after reviewing the matters presented by the Police Department and the tow service operator. Any appeal must be in writing, stating the reasons for the appeal, and must be submitted to the City Manager within five business days of the date of the decision to suspend issued by the Chief of Police.
(E) New permit after revocation. Any permit holder who has his or her permit revoked shall be eligible to apply for a new permit one year from the date of the revocation.
(F) Appeals from suspension or revocation of a permit. A permit holder removed or recommended for removal from the tow rotation list for violations of subsections (A)(1) through (15) of this section may appeal the removal action to the City Manager. If appealed, the City Manager is the final decision authority. As the final decision authority, the City Manager may sustain the suspension, mitigate it or overturn the decision by the Chief of Police after reviewing the matters presented by the Police Department and the tow service operator. Any appeal must be in writing, stating the reasons for the appeal, and must be submitted to the City Manager within five business days of the date of the decision to suspend or recommend removal is issued by the Chief of Police. Pending any appeal and the final decision, the permit holder will not be eligible to receive any calls for police initiated tows.
(Ord. No. 07-16, passed 2-8-2007)