Section
General Provisions
112.01 Definitions
112.02 Purpose
112.03 Summoned by Police or Fire Department
112.04 Soliciting business at accident scene prohibited
112.05 Intercepting communications from Police or Fire Department radio
112.06 Selection of wrecker by vehicle owner
112.07 Rotation list; placement; use
112.08 Police officers not to recommend wrecker service
112.09 Maximum rates for wreckers on rotation list
112.10 Safety precautions and operation procedures; compliance
112.11 Unauthorized removal of vehicles
112.12 Non-consent towing
Permits and Certificates
112.25 Permit and certificate; application
112.26 Standards for issuance; fees
112.27 Requirements for operating wrecker
112.28 Grounds for suspension or revocation of permit
112.29 Permit suspension or revocation procedure
112.99 Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE. Every vehicle which is self-propelled.
OWNER. Any person who holds the legal title of a motor vehicle, who has the legal right of possession of a motor vehicle or who has the legal right to such vehicle.
VEHICLE. Every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rails or tracks, and includes, but is not limited to, trailers and semi-trailers.
WRECKER. Any motor vehicle used for the purpose of towing or removing disabled or wrecked vehicles.
WRECKER BUSINESS. The business of towing or removing vehicles on the public streets when the towing is done to remove a wrecked or disabled vehicle from the scene of a collision at the instance or request of the owner of the vehicle or the Police Department or Fire Department, regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase such vehicle, or to remove a vehicle from an unlawfully parked position at the instance or request of the Police or Fire Department.
WRECKER COMPANY. Any person or company engaged in the wrecker business.
(Ord. 2013-11, passed 11-18-2013)
The operation of emergency wreckers and emergency wrecker service in the city requires regulation in order to avoid competitive speeding by wreckers to the scene of accidents and collisions, and is necessary in order to avoid traffic hazards and to minimize the danger of injury to persons and damage to property.
(Ord. 2013-11, passed 11-18-2013)
(A) No person shall drive a wrecker to or within 100 feet of the scene or sites of an accident or collision on the streets of the city unless such person has been called to the scene by the Police Department or Fire Department; provided that, when it is necessary to prevent death or bodily injury to any person involved in an accident or collision, the prohibition of this section shall be applicable. The owner or operator of a wrecker shall not use or act upon any information received on the shortwave frequency of the Police or Fire Department of the city for his or her own benefit or the benefit of any other persons in connection with the operation of a wrecker business unless such owner or operator was called or summoned by the Fire or Police Department. If any wrecker appears at the scene of the accident or collision, the owner or operator of which was not specifically called by the Fire or Police Department, it shall be conclusively presumed that such owner or operator unlawfully intercepted and acted on the information transmitted by the Fire or Police Department on their radio frequency.
(B) Wreckers summoned by the Police Department are subject to cancellation. If cancelled, the wrecker company will be placed back on the rotation list for another call. Wreckers summoned to calls where police have not arrived will not hook up the vehicle until the police arrive. Fees for non-hook ups will not be charged.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
No person shall solicit in any manner, directly or indirectly, on the streets of the city, the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing such vehicle. Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any person engaged in the wrecker business, either as owner, operator, employee or agent, on any public street in the city at or near the scene or sites of a wreck, accident or collision, within one hour after the happening of a wreck, accident or collision, shall be prima facie evidence of a solicitation in violation of this section.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
No owner of a wrecker company, not licensed by the city, shall intercept any message emanating through the medium of the Fire or Police Department radio frequency or divulge or publish the existence, contents, substance, purpose, effect of meaning of such intercepted communication; and no person, not being entitled thereto, shall receive or assist in receiving any such message and use such message, or any information therein contained, for his or her own benefit or for the benefit of another person.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
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