In order to assure the needs of the city and safety of the general public, the Chief of Police, or his or her designee, shall include on the wrecker rotation list only those wrecker services which adhere to the following rules, standards, arid conditions:
(A) The owner of the wrecker service must complete a city wrecker service application form.
(B) The business/wrecker service must at all times possess a valid city auto towing/wrecker privilege license. In addition, each business/ wrecker service shall not have in common use with any other privilege license holder making a certification hereunder (a) telephone number, (b) dispatching office, (c) a wrecker vehicle.
(C) A wrecker service must at all times have a business located within the city limits. In addition, a wrecker service may have at least one dispatch office located within the corporate limits of the city or within one mile thereof out of which a wrecker is dispatched that is manned and open for business during normal business hours and be available on call 24 hours per day.
(D) Each wrecker shall be equipped at all times with required lighting and other safety equipment in good, working order and operating properly. Such equipment shall include:
(1) Amber flashing or rotating warning lights eyed any other legally required lighting for such vehicles;
(2) Automatic power winch;
(3) Prybar or crowbar, axe, broom, fire extinguisher, dollies, and shovel; and
(4) Any other such equipment which the owner has been provided written notice is required.
(E) The wrecker service operator shall remove all debris, other than hazardous materials, from the street, highway, or public vehicular area and right-of-way prior to leaving the incident/collision scene.
(F) Consistently respond to calls, under normal conditions, in a timely manner and provide courteous professional services to the general public.
(G) All wrecker drivers or operators shall possess at all times a valid driver; license for the class of vehicle operated. A limited driving privilege shall not be allowed.
(H) Wrecker owners, operators, or employees shall not be abusive, disrespectful, or use profane language when dealing with the public and shall at all times provide courteous professional services to the general public. They shall cooperate at all times with city police officers and other city employees.
(I) All wrecker vehicles shall adhere to all federal, state, and local ordinances related to registration and operation of wrecker vehicles including NC Division of Motor Vehicles regulations and possess at all times insurance as required by G.S. § 20-309. All wrecker vehicles shall be titled in the same name as the city issued privilege license holder and all required insurance policies must be issued in the same name as the privilege license holder.
(J) Employ only wrecker operators who demonstrate an ability and desire to perform required services in a safe, timely, efficient, and courteous manner.
(K) The wrecker service must notify the Chief of Police, or his or her designee, immediately of an insurance lapse, cancellation, or other change.
(L) Notify the Chief of Police, or his or her designee, without delay whenever the wrecker
service is unable to respond to calls.
service is unable to respond to calls.
(M) Notification of rotation wrecker calls will be made to the owner/operator or employee of the wrecker service. Notification will not be made to any answering service, pager or answering machine. The wrecker service operator shall provide a business card to a police officer or other appropriate city employee and to the person in apparent control of the vehicle, if available, before leaving the scene.
(N) Each wrecker service vehicle shall be clearly and legibly marked on each side in at least three inch letters the name of the wrecker service owner or business and telephone number. Decals may be used but no magnetic or stick on signs will be permitted.
(O) All personal property shall be secured at the scene to the extent possible, and preserve personal property in a vehicle which is about to be towed.
(P) Upon application to the Chief of Police to be placed on the wrecker service rotation list, a criminal history check shall be performed to ensure the owner and each wrecker driver or operator has not been convicted of, entered a plea of guilty or no contest to, or received a prayer for judgement continued (PJC):
(1) Within the last five years of the following offenses:
(a) A first offense involving impaired driving pursuant to G.S. §§ 20-138.1, 20-138.2, 20-138.2A, 20-138.2B, 20-138.3 or possession of alcohol pursuant § 20-138.2C;
(b) Any misdemeanor involving a breach of the peace, larceny or fraud; or
(c) A violation of N.C. Gen. Stat. § 14-223, Resist, Obstruct, or Delay.
(2) Within the last ten years of:
(a) Two or more offenses in violation of N.C. Gen. Stat. § 20-138.1, 20- 138.2, 20-138.2A, or 20-138.2C;
(b) Felony speeding to elude arrest; or
(c) Any Class F, G, H, or I felony involving sexual assault, breach of the peace, fraud, larceny, misappropriation of property, or embezzlement.
(3) At any time of:
(a) Class A, B1, B2, C, D or E felonies;
(b) Any violation of N.C. Gen. Stat. § 14-34.2, assault with a deadly weapon on a government officer or employee, § 14-34.5, assault with a firearm on a law enforcement officer, or § 14-34.7, assault on a law enforcement officer inflicting injury;
(c) Any violation of N.C. Gen. Stat. § 20-138.5, habitual DWI.
(4) For convictions occurring in Federal Court, another state or country, or for North Carolina convictions for felonies which were not assigned a class at the time of the conviction, the North Carolina offense which is substantially similar to the federal or out of state conviction or the class of felony which is substantially similar to the North Carolina felony shall be used to determine whether the owner, driver, or operator is eligible.
(Q) Immediately upon employment or upon the request of the Chief of Police, or his or her designee, the owner of the wrecker service shall supply the Chief of Police with the full name, current address, date of birth, social security number, and driver's license number and state of issuance for any wrecker driver or operator so a criminal history check can be performed pursuant to the requirement of division (P) above. This obligation on the part of the owner is a continuing obligation. If after the initial application or employment, the owner, wrecker driver, or operator is convicted of, enters a plea of guilty or no contest to, or receives a prayer for judgment continued (PJC) for any of the crimes listed in division (P) above, the owner or wrecker service shall notify the Chief of Police immediately.
(R) Upon request or demand, the wrecker service shall return personal property stored in or with a vehicle, whether or not the towing, repair, or storage fee on the vehicle has been or will be paid.
(S) Towed vehicles shall be taken immediately to an appropriate storage lot located either within the corporate limits of the city or within one mile thereof. Storage lots must:
(1) Be in full compliance with all applicable zoning ordinances; and
(2) Assume liability for all vehicles and contents of vehicles towed.
(T) Being called pursuant to the city wrecker rotation system does not create a contract with or obligation on the part of the city, its agents, officers, or employees to pay any towing fee, storage fee, or any other charge except when towing a vehicle owned by the city, or by court order.
(U) Being placed on the wrecker rotation list does not guarantee a particular number or quantity of calls and does not guarantee an equivalent number of calls to every wrecker service on the rotation list. Each owner agrees that in consideration of being place on the rotation list they will not receive compensation when not called in accordance with the rotation list or when removed from the rotation list pursuant to the chapter.
(V) Responding to a call for service or failure of a wrecker service to respond to a call shall result in the service being placed at the bottom of the rotation list. A wrecker service must respond to at least 75% of its calls within the previous 12-month period.
(W) Rotation wreckers, equipment, and facilities are subject to inspection by the Chief of Police, or his or her designee, at any time without prior notice.
(X) A wrecker service upon accepting a call must use their wrecker. Wrecker services shall not refer a call to another wrecker service or substitute for each other whether on the rotation list or not. However, if a wrecker service owner, driver, or operator called pursuant to this chapter determines assistance is needed by the driver at the scene, he or she may request whomever he or she wishes to assist him or her.
(Y) A wrecker service must notify the Chief of Police in writing of any change of address, relocation of business, or change in telephone number. Said notice of change shall occur no later than ten days prior to the change.
(Z) A wrecker driver, operator, or employee shall not respond to a city related incident or call with the odor of alcohol on his or her breath or while under the influence of alcohol, drugs, or any impairing substance.
(AA) The Chief of Police, or his or her designee, shall conduct an investigation of each wrecker service desiring to be placed on the rotation list and determine if the wrecker service meets the requirements set forth herein. If the Chief of Police determines a wrecker service fails to satisfy one or more of the requirements set forth herein, the Chief of Police shall notify the wrecker service owner in writing of the reason(s) for refusing to place it on the rotation list and advise the owner of the right of appeal of the decision pursuant to this chapter. Once placed on the rotation list, a wrecker service that fails to comply with the requirements of this chapter may be removed from the wrecker rotation list and shall be notified in writing of the reason(s) for the removal and the right of appeal pursuant to this chapter.
(BB) The Chief of Police shall ensure that a wrecker service/privilege license holder shall only be included once on the rotation list.
(CC) A wrecker service or storage lot shall not charge an unreasonable fee not in keeping with the usual and customary charge for similar services rendered in Union County, North Carolina.
(Ord. O-2002-26, passed 5-7-02)