(A) Qualifications.
(1) To qualify for the eligible list, a private tow truck operator or business must:
(a) Keep the towing operation either open or available by a telephone number between the hours of 9:00 a.m. to 4:00 p.m.;
(b) Have available at all times a factory built wrecker consisting of a one-ton chassis with dual rear wheels and having the necessary equipment to tow vehicles from the streets and other public or private places in the town when called upon to do so; and
(c) Have, at or in the immediate vicinity of the location of his or her towing operation, sufficient fenced storage space and facilities to protect both damaged and undamaged vehicles and have a facility to store a vehicle out of exposure to the elements overnight.
(2) The private tow truck operator or business must also agree to assume the obligation to:
(a) Promptly tow and store all vehicles to be removed from the public streets or other public places or private property upon the request of the authorizing official;
(b) Issue a receipt to the authorizing official for each vehicle towed and stored and keeps the vehicle until its release is authorized by the authorizing official;
(c) Store vehicles in a secured, fenced storage space;
(d) Collect towing and storage fees from the owner or the vehicle by the sale of the vehicle without recourse to the town unless it is found that no probable cause existed for the towing pursuant to G.S. § 20-219.11;
(e) Pay all damage to vehicles entrusted to his custody as the result of his negligence and to maintain for the protection of the vehicle owner the garage keeper’s legal liability insurance while performing any of the services provided for in this chapter;
(f) Indemnify and save the city harmless from all liability for damages sustained by vehicles being towed or stored and all personal injuries occurring as a result of the towing or storage:
(g) Remove from the scene of a vehicle accident in which the vehicle to be towed was involved all glass, metal or debris caused by the accident;
(h) Maintain a liability insurance policy covering the operation of the business, equipment, tow truck and other vehicles for any bodily injury or property damage with minimum liability of $100,000 for any one person injured or killed and a minimum of $300,000 for more than one person killed or injured in any accident and an additional $50,000 for property damage. The policy must contain an endorsement by carriers providing ten days notice to the city in the event of any change in coverage under the policy; and
(i) Cooperate with the investigation of the criminal record and character of the owner of the business and each tow truck operator. No such person shall have been convicted of any felony or of a crime involving fraud, theft or receiving or possession of stolen property within ten years.
(B) Contracts. A private tow truck operator or business on the eligible list shall contract with the town to remove the vehicles described in this chapter from the public streets or other public places or private property upon the request of the authorizing official. The contract shall be in writing, shall specify the charges to be made for towing and shall require the person entering into the contract for the towing of such vehicles to perform the service in a manner consistent with the provisions of this chapter and the rules prepared thereunder and shall provide for the forfeiture of the contract in the event of a violation of any of the provisions of the contract or of the provisions of this chapter. The contract shall further provide that the town shall not be obligated to the person undertaking the towing and storage of such vehicles for any damages which may be incurred in the performance of the obligation assumed by him or her that probable cause existed for the towing of any vehicle involved unless it is found that no probable cause existed for the towing of any vehicle pursuant to G.S. § 20-219-11.
(C) Fees. Unless written authorization is received as provided in this section, the amount which a private towing operator or business may charge for the towing of a motor vehicle at the request of an authorizing official pursuant to the provisions of this chapter shall not exceed $65. For the purposes of this section, towing occurs at the time the city contracts the private towing operator or business. In the event that the towing requires extraordinary measures in order to be completed, the Chief of Police may authorize in writing a greater charge in order to compensate the private towing operator or business for the expense of such extraordinary measures.
(Ord. O-07-003, passed 1-7-2008)