§ 120.04  REQUIREMENTS FOR INCLUSION IN ROTATIONAL TOWING SERVICE LIST.
   In order to be included on the city's rotational towing service list:
   (A)   The towing service shall have a representative available on call on a 24-hour basis for emergency response. Provided, however, in the event the service shall not be available, notice shall be given to dispatchers who shall remove the service from the rotational list until notified that the service is again able to respond to calls.
   (B)   The towing service shall provide safe storage facilities and be responsible for the safekeeping of all impounded vehicles and contents of impounded vehicles and shall allow vehicles to be retrieved between the hours of 8:00  a.m. and 5:00 p.m. prevailing time Monday through Friday. Further each service shall permit police departments to inspect each towed vehicle at the storage facility during normal business hours.
   (C)   The towing equipment must be equipped with legally required lighting and other safety equipment to protect the public and the equipment must be in good working order.
   (D)   The towing service operator must remove all debris, other than hazardous materials, from the highway and right-of-way prior to leaving the incident scene. This service must be completed as a part of the required rotation service and shall not be charged as an extra service provided.
   (E)   The towing service shall respond in a timely manner. Generally, “timely” is defined as being able to arrive at the scene within 30 minutes of being dispatched. Failure to respond or being able to respond in a timely manner may require the next service on the rotational list being requested. If the second wrecker is requested before the arrival of the service first called, the initially requested service shall forfeit the call and be placed at the end of the rotational list and shall immediately leave the incident scene unless required by the officer in charge to remain and provide services.
   (F)   Wreckers will respond only when requested by the telecommunications operator. No drive by towing will be permitted. Calls for service, when specially requested by a vehicle owner, will not take the wrecker service out of rotation.
   (G)   A price list for all recovery, towing and storage services shall be established by each towing and storage service and be provided to the city and also be conspicuously posted on the towing service's business premises. Recovery, towing and storage services charged for rotation services may not exceed the towing service's charges for non-rotation service calls that provide the same service, labor and equipment.
   (H)   (1)   To be included on the rotational towing service list, the towing service charges shall be reasonable fees for the services rendered.
      (2)   The application to be included on the city's rotational towing service list shall list all prices for towing services to be provided and will be approved by the Leitchfield Police Chief or his or her designee if they are determined to be reasonable and consistent with fees charged by other rotation wrecker service applicants.
      (3)   In the event that an applicant's charges are substantially above the range of charges by other towing service applicants, that applicant shall not be included on the rotational towing service list.
      (4)   Should a towing service be approved for inclusion on the rotational towing service list and charge amounts in excess of the amount specified in his application or charge either for services not actually performed or services not required, that service shall be removed from the rotational towing service list.
      (5)   Any wrecker failing to comply with any of the requirements stated herein or failing to act in good faith with police departments or customers, will be removed from the rotational towing service list.
   (I)   The Leitchfield Police Chief, the Sheriff of Grayson County and E-911 director, or his or her designees shall evaluate each application and in the event that he or she determines that an applicant has an historical pattern of unreasonable charges, incompetent services, or other activities which in his or her sole discretion constitute dishonest, fraudulent or predatory practices, that applicant shall not be included on the rotational towing service list at the discretion of the Police Chief or his or her designee.
   (J)   A new application shall be submitted by wrecker services wishing to remain on the rotational towing service list shall be submitted annually each September beginning in 2010, which application shall reflect the then current charges for services.
   (K)   Towing service operators shall adhere to all federal, state and local laws and regulations related to registration and operation of service vehicles and have insurance as required by  state law.
   (L)   Being included on the rotational towing service list and/or providing towing service does not create a contract with or obligation on the part of the city to pay any fee or towing charge except when towing a vehicle owned by the city. All such charges shall be submitted to the owner or permissive operator of the unit being serviced.
   (M)   Each wrecker service shall maintain adequate towing and storage records and shall permit police departments to inspect such records during normal business hours. No vehicle impounded by any police department may be released without written authorization from the department which impounded the vehicle or order of the court.
   (N)   To the extent that any claims are made against local government which is in part or in whole the result of the wrecker service's negligent acts, errors or omissions, the wrecker service agrees to hold harmless and indemnify the local government, its elected and appointed officials, officers, employees and agents from all liability, claims, damages, losses and expenses including court costs and attorneys' fees arising out of or resulting, directly or indirectly from the wrecker service's performance or breach of this agreement.
   (O)   Prior to submitting an application to be placed on the rotational towing service list, each applicant shall sign a statement providing in substance that it has read and under stands the terms of this chapter and agrees to comply with the terms hereof, expressly agreeing that it may be denied inclusion on the list or removed from it without any liability on the part of any governmental entity.
   (P)   All towing service operators shall file all appropriate applications and pay all fees required by the city.
(Ord. 2010-09, passed 8-16-10)