(A) Upon request or demand, unless impounded or subject to an order not to do so, the wrecker service shall return personal property stored in, with or from a vehicle, whether or not the towing, repair or storage fee on the vehicle has been or will be paid. Personal property, for purposes of this division (A), includes any goods, purses, wallets, cash, identification, credit and debit cards, licenses, photographs, checks, deposit slips, bank records and any other property having any value whatsoever other than items directly related to the functioning of the vehicle itself.
(B) After financial obligations have been agreed upon between the wrecker service and the owner(s), or appropriate party, of the disabled vehicle(s), the wrecker service shall tow such vehicle(s) to any destination requested by the vehicle owner, or other person with apparent authority.
(C) Unless the vehicle is being preserved by the Department as evidence, the wrecker service shall allow insurance adjusters access to and allow inspection of the vehicle at any time during normal business hours.
(D) The placement of a wrecker service on the rotation list does not guarantee a particular number or quantity of calls, or an equivalent number of calls to every wrecker service on the rotation wrecker list. If a wrecker service responds to a call, said wrecker service shall be placed at the bottom of the rotation list unless the wrecker service, through no fault of its own, is not used or is not entitled to receive compensation for the call. In that event, such wrecker service shall be placed back at the top of the rotation list. Each wrecker service agrees to charge reasonable towing fees and storage fees commensurate with fees charged to other customers, and on or before July 1 of each year, each service will furnish the Chief of Police with a schedule of all fees. The Chief of Police has the right to disapprove any fees that in his or her judgment are excessive based upon the prevailing fees in the community. The placement of a wrecker service on the rotation list does not entitle any wrecker service to compensation as a consequence of a failure to call the wrecker service in accordance with the list or as a consequence of the removal of the wrecker service from the rotation list.
(E) A rotation wrecker service, upon accepting a call for service from the Department, must use its own wrecker. Wrecker companies shall not refer a call to another wrecker company or substitute for each other.
(F) If a rotation wrecker service moves its business location or has a change of address, the owner of the wrecker service must notify the Chief of Police of the new address or location. Notification shall be made in writing no later than ten days prior to the projected move. The wrecker service shall not be entitled to receive rotation calls prior to inspection of the new facility.
(G) A wrecker service may dispatch either a wrecker or a car carrier rollback in response to a rotation wrecker call, except where the wrecker service is advised that a particular type of recovery vehicle is needed due to existing circumstances.
(H) A rotation wrecker service driver or employee shall not respond to a Department-initiated call for wrecker service with the odor of alcohol on his or her breath, or while under the influence of alcohol, drugs or any impairing substance.
(I) Storage fees shall not begin to accrue until the next calendar day following the towing of a vehicle.
(J) The operator of a vehicle, if present and not incapacitated, shall have the right to select a wrecker service of his or her choice; provided, however, that the requested wrecker service is located within a reasonable distance of the incident site. Town Police Department personnel at the scene shall determine the reasonableness of the distance from the incident site, and its decision shall be final. If the operator of a vehicle to be towed is not present, is incapacitated, or has no preference for a specific wrecker service, Department personnel shall determine the wrecker service per the wrecker rotation list. When emergency circumstances prevail, the Department officer may request wrecker services from the entity service closest to the scene. A Department officer may also request wrecker services from an entity operating large cranes or other heavy recovery equipment when the same is necessary to remove traffic obstacles such as large trucks or heavy equipment. The determination regarding whether an emergency exists, or whether a specialized recovery service is required, shall be in the sole discretion of the Department on-duty supervisor.
(K) In no event shall any officer, in the performance of his or her duties, recommend any wrecker service, motor club or automobile membership service to the owner or driver of a wrecked or disabled vehicle; nor shall any officer, in the performance of his or her duties, recommend the services of a particular wrecker service, motor club or automobile membership service. Officers shall, whenever possible and practicable, dispatch the wrecker service requested by the motorist requiring such services.
(L) An officer who notices a violation of the provisions of this policy shall notify the Chief of Police in writing as soon as practicable. The Chief shall notify, in writing, said wrecker service about the violation(s) and of any planned corrective actions. A wrecker service that is dissatisfied with the rotation system, or with the requirements of this policy, shall file a written statement to the Chief of Police. If the Chief cannot satisfy such complaint, a statement shall be filed with the Town Manager whose decisions will be final.
(M) By submitting an application and accepting placement on the rotation wrecker list, each wrecker service agrees to forever hold harmless and to fully indemnify the town and its personnel, agents, officials and Town Council members, in both their official and individual capacities, from any and all judgments, liens, claims, assessments, demands, attorney fees, actions and causes of action of any sort arising out of any damage or injury sustained by any person, property or entity by reason of any negligent or willful act or omission of the wrecker service or its officers, employees, agents or contractors in connection with rendering services.
(N) Wrecker services on the rotation wrecker list shall not employ any person who is also employed by the town. The town will not approve an application for the rotation wrecker list for any wrecker service that employs a full- or part-time employee of the town. For the purpose of this policy, full-time employees are those employed to work 40 hours or more per week. Part-time employees are all other employees receiving any compensation from the town. Part-time employees who do not work for compensation for more than 20 hours a week on average during the preceding six calendar months may be employed by a wrecker service on the wrecker rotation list.
(O) Upon ten days’ notice, the Chief of Police may remove any wrecker service from the rotation wrecker list for any reason. However, such termination shall not affect the responsibilities of the parties relating to vehicles that have been towed as of the termination date. Any wrecker service so removed from the rotation wrecker list may file with the Chief of Police a written appeal stating the reason therefor. This appeal must be filed within ten days of the date when removed from the rotation wrecker list. Appeals will be heard by the Town Manager within 14 days of the date that the appeal is filed with the Chief of Police. The decision of the Town Manager shall be final.
(Ord. passed 2-2-2010)