(A) After an administrative hearing, the Chief of Police may suspend or remove any wrecker company from the rotation list on any of the following grounds:
(1) If the place on the wrecker rotation list was procured by fraudulent conduct, concealment of or false statement of a material fact concerning the applicant at the time of his or her making application;
(2) If the wrecker company violates the provisions of this chapter or any other city ordinance or any state law regulating vehicular traffic;
(3) If the wrecker company fails to comply with the provisions of a storage area for wrecked or disabled vehicles;
(4) If the wrecker company fails to protect the vehicle in its care as a result of a wrecker pull and fails to prevent parts, accessories and personal belongings from being removed from the vehicle, except as may be necessary to protect such items from theft;
(5) If the wrecker company fails to deliver a vehicle directly to the location within the limits of the city as designated by the owner of the vehicle or the Police Department, provided such vehicle can be legally delivered to such location. However, this provision shall not apply when it is necessary to remove a vehicle to its ultimate destination by two separate tows because of emergency or breakdown of a wrecker, and no charge is levied which is greater than the amount provided in § 117.04 for a single tow from one point on a street to another location within the limits of the city. This does not prohibit the wrecker business and the owner of the vehicle from entering into an agreement to deliver the vehicle to any other location, provided that the Police Department has not required otherwise;
(6) If a wrecker company is repeatedly tardy in arriving after being called to the scene of an accident by the Police Department for a rotation pull or police pull.
(7) If a wrecker company or a wrecker company employee intentionally provides confidential arrest information learned by the wrecker company or its employee, as a result of a police action, from the scene of a rotation pull or police pull and provides this information to any other person, party or business in the city that may find it advantageous to acquire such information.
(B) The Chief of Police shall give ten-days' notice of the time and place for the administrative hearing concerning suspension, cancellation or removal as provided above and is empowered to administer oaths to witnesses and to conduct hearings as otherwise provided by law.
(C) Findings of the Chief of Police and his or her written order of suspension or removal from the rotation list shall terminate all authority and permission theretofore granted. The period of suspension or removal from the rotation list shall not exceed one year, unless the violation occurs under division (A)(7) above, in which case removal from the rotation list will be permanent. If ownership of the permanently removed wrecker company changes, the new owners may apply to join the rotation list. The Chief of Police will present the application to the City Council, who has the final authority to affirm, reject or modify the application.
(D) Any order of the Chief of Police in this section may be appealed to the City Council within ten days from the date of suspension or removal. The City Council shall have authority to reverse, affirm, vacate or modify the order of the Chief of Police; provided, that in the event of affirmance of the order, the suspension shall commence upon the date of action by the City Council.
(`87 Code, § 17-60) (Am. Ord. 1999-7, passed 7-6-99; Am. Ord. 2007-5, passed 6-27-07)