(A) Towing list.
(1) The Chief of Police shall maintain a “towing list” containing the names of one or more qualified towing companies as determined by the Chief of Police to respond to the requests for the towing of vehicles made by the City of Pinckneyville Police Department.
(2) Those towing companies wishing to be considered for placement on the towing list shall submit an application to the Pinckneyville Police Department.
(3) The Chief of Police shall consider the applications of all towing companies submitted and shall determine which of said companies are qualified for inclusion on the towing list. The decision of the Chief of Police regarding selections for the towing list shall be final.
(4) The name and telephone number of each of the selected towing companies shall be placed on the towing list, which shall be utilized in all cases in which a vehicle is to be towed from a public way or public property or from any private property at the request or direction of the Pinckneyville Police Department. Towing companies not on the towing list shall not be used unless all companies on the towing list are unavailable.
(5) The names on the towing list shall be selected on a rotating basis; that is, the name shall be selected which next succeeds the last towing company called for towing services. However, the Chief of Police is authorized to use towing companies out of sequence where proximity to the vehicle to be removed and estimated response time make it more practical to do so, or where the size or weight of the vehicle to be removed require the use of specialized equipment, or when circumstances, in the judgment of the Chief of Police, make such action practical. In the event that a car owner requests that a particular towing company be used, that company may be used, and such use shall not affect the towing company’s place in the rotation of use under this subchapter.
(6) The Chief of Police may remove any company from the towing list and may add additional towing companies to the towing list as he may from time to time deem necessary.
(B) Insurance. Each listed towing company shall maintain the following insurance policies.
(1) Garage keeper’s policy. A garage keeper’s legal liability policy covering fire, theft, windstorm, vandalism and explosion in the amount of $50,000, and providing that each vehicle suffering damage being deemed a separate claim.
(2) Garage liability policy. A garage liability policy covering the operation of the owner’s business, equipment or other vehicles for any bodily injury or property damage. This policy shall be in the minimum amount of $250,000 for any one person injured or killed and a minimum of $500,000 for more than one person killed or injured in any accident, as well as an additional $50,000 for property damage.
(3) Each policy required under this section must contain an endorsement by the carrier providing 90 days notice to both the city and the insured in the event of any charge in coverage under the policy.
(C) Duties and requirement of listed towing companies.
(1) All tow trucks shall be equipped with warning lights and other equipment required under state law and have working two way communications radio equipment on the same frequency as a base station located at the point where calls are received.
(2) The towing company shall provide continuous 24-hour per day service each day of the year, and there shall be an attendant available at all times for the purpose of receiving calls and receiving and releasing stored vehicles.
(3) The towing company shall assume all liability and shall indemnify and hold harmless the City of Pinckneyville from any such liability for damages sustained by vehicles while being towed or stored and for all personal injuries occurring to any of the towing company’s employees or other persons and shall maintain the required insurance policies.
(4) The city shall assume no responsibility or liability for any vehicle removed from any place without the authority of the Chief of Police.
(5) The towing company shall not release any vehicle directly impounded by the City without authorization of the Chief of Police.
(6) The towing company shall maintain records and a claim check system to assure release of vehicles to the rightful owner or authorized person. Such records shall be open to the Pinckneyville Police Department for investigation of specific complaints and for compiling surveys under this subchapter.
(7) The towing company shall permit any person appointed by the Chief of Police to inspect its wreckers, vault, security room or storage area at such times as the Chief of Police shall deem appropriate.
(D) Fees and release.
(1) The owner or person in possession of any towed or stored vehicle shall pay all costs incidental to towing and storage to the towing company. A receipt for payment shall be issued to said person.
(2) In the event that a vehicle is towed at the request of the Pinckneyville Police Department pursuant to this subchapter, said vehicle shall be held until the required fees have been paid pursuant to § 70.135(E).
(E) Removal from towing list. The Chief of Police may remove or suspend any towing company from the towing list in the even of any of the following:
(1) The towing company violates or fails to comply with any of the provisions of this subchapter or any other local, state or federal law or regulation;
(2) The towing company is no longer actively engaged in the towing business; or
(3) The Chief of Police is not satisfied with the services rendered by the towing company to the city.
(F) Solicitation of business. No towing company may respond to the scene of an accident or emergency for the purpose of towing vehicles unless specifically called there by the Police Department or a person involved in the accident or emergency. This section is intended to prohibit towing companies from soliciting business at accident or emergency scenes and shall not be construed to prohibit any towing company from contracting with any person, firm or corporation provided that the towing company does not solicit towing contracts at the scene of any accident or emergency.
(G) Towing and storage fees.
(1) The following schedule of maximum fees shall be in effect for all tow calls received off the rotation tow list and shall be prominently displayed at every office or storage facility:
(a) Standard towing fee (i.e., use of flatbed truck, clean-up, dollies, etc.) $100
(b) Exception location fee (winching) $75
(c) Lot storage fee (per day) $25
(d) Inside storage fee (per day) $35
(e) Interrupted towing fee $65
(f) Service fee (i.e., jump start, tire change, fuel, etc.) $40
(g) Snow emergency tow $65
(h) Emergency openings after closing/ special trips $50
(2) Where special or unusual circumstances require an exceptional amount of extra work or equipment, a higher fee may be charged, provided that the owner or operator of the vehicle to be serviced is informed of the additional fee in advance, if such person is available to be notified.
(Ord. O-2017-07, passed 3-17-17; Am. Ord. O-2017-28, passed 10-9-17)