(A) To qualify for the eligible list, a private tow truck operator or business must:
(1) Keep the towing operation either open or available by a telephone number between the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday;
(2) Have available at all times a factory-built wrecker consisting of a one-ton chassis with dual rear wheels and having the necessary equipment to tow vehicles from the streets and other public or private places in the city when called upon to do so; and
(3) Have, at or in the immediate vicinity of the location of his or her towing operation, sufficient fenced storage space and facilities to protect both damaged and undamaged vehicles and have a facility to store a vehicle out of exposure to the elements overnight.
(B) The private tow truck operator or business must also agree to assume the obligation to:
(1) Promptly tow and store all vehicles to be removed from the public streets or other public places or private property upon the request of the authorizing official;
(2) Issue a receipt to the authorizing official for each vehicle towed and stored and keep the vehicle until its release is authorized by the authorizing official;
(3) Store vehicles in a secured, fenced storage space;
(4) Collect towing and storage fees from the owner of the vehicle by the sale of the vehicle without recourse to the city unless it is found that no probable cause existed for the towing pursuant to G.S. § 20-219.11;
(5) Pay all damages to vehicles entrusted to his or her custody as the result of his or her negligence and to maintain for the protection of the vehicle owners the garage keeper’s legal liability insurance while performing any of the services provided for in this chapter;
(6) Indemnify and save the city harmless from all liability for damages sustained by vehicles being towed or stored and all personal injuries occurring as a result of the towing or storage;
(7) Remove from the scene of a vehicle accident in which the vehicle to be towed was involved all glass, metal or debris caused by the accident;
(8) Maintain a liability insurance policy covering the operation of the business, equipment, tow truck and other vehicles for any bodily injury or property damage. The policy must contain an endorsement by carriers providing ten days’ notice to the city in the event of any change in coverage under the policy; and
(9) Cooperate with the investigation of the criminal record and character of the owner of the business and each tow truck operator. No such person shall have been convicted of any felony or of a crime involving fraud, theft or receiving or possession of stolen property within ten years.
(1997 Code, § 90.19) (Ord. passed - -1997)