§ 122.06 DUTIES OF TOWING SERVICES PLACED ON POLICE TOWING LIST.
   (A)   The owner shall provide at least two towing vehicles of sufficient size and weight to remove and tow vehicles other than tractor-trailer rigs. Owners with towing vehicles which can haul tractor-trailer rigs shall be placed on the regular list and on a special heavy-duty towing list. The heavy-duty towing list may be used any time heavy-duty towing is required.
   (B)   All towing vehicles shall conform with all sections of the State Vehicle Code (ILCS Ch. 625) regulating towing vehicles, as well as all other statutes and ordinances of the state and village.
   (C)   The owner shall assume all liability and shall indemnify and save the village harmless from all liability for damages sustained by vehicles while being towed or stored and for all personal injuries occurring to any of the firm’s employees or other persons and shall maintain the required insurance policies. The towing vehicle owner shall not release any vehicle directly impounded by the village without written authorization by the Police Department. Written agreement with these terms shall be required of all approved vehicle towing services.
   (D)   The village shall assume no liability or responsibility for any vehicle removed from any place without the authority of the Chief of Police. The vehicle towing service owner shall maintain approved records and claim check system to assure release of vehicles to the rightful owner or authorized person. All records shall be open to the Police Department for investigation of specific complaints and for compiling surveys under this chapter. The owner of any vehicle towing service shall permit any person appointed by the Chief of Police to inspect his or her towing vehicles, vault, security room, or storage area at such times as the Chief of Police shall deem appropriate.
   (E)   Each vehicle towing service shall provide a clean and secure storage yard or facility for the storage of towed and/or impounded vehicles, which shall be located within five miles of the corporate boundaries of the village. The yard will be subject to inspection and approval by the Police Department as a secure facility. Each vehicle towing service shall install and maintain in good working order a video surveillance system for monitoring the storage yard or facility.
   (F)   The vehicle towing service shall provide shelter or covering in the form of a tarpaulin or canvas for damaged vehicles whose interiors are exposed to weather, dirt, moisture or other destructive elements while in storage at their facility. For the purpose of contacting an owner to decide storage options, the owner’s name and telephone number shall be placed on the tow receipt at the time of the tow. In addition, the vehicle towing service shall refer to the Police Department accident report, if any, for the owner’s contact information.
   (G)   (1)   The vehicle towing service shall hold vehicles upon receipt from the Police Department of the necessary tow form indicating that there is a police hold on the vehicle (a “hold order”). The vehicle towing service shall hold any vehicle that is subject to a hold order, and shall not release such vehicle to the owner or any other party until further notice from the Police Department.
      (2)   The vehicle towing service shall not be required to hold vehicles in the absence of a written hold order. Verbal hold orders will not be sufficient.
   (H)   (1)   Subject to the provisions of ILCS Ch. 625, Act 5 § 4-203(g)(5) of the Illinois Vehicle Code, the vehicle towing service shall allow vehicle owners or third parties directed and authorized by the vehicle owner to have access to remove personal property from towed and stored vehicles during normal business hours for no additional fee, provided that the vehicle owner has insurance for that vehicle, unless there is a police hold in which case the vehicle towing service shall not allow any person to access the vehicle without the written consent of the Chief of Police or his or her designee.
      (2)   Requests for after hour or non-business day recovery of property shall be accommodated at the discretion of the vehicle towing service and storage facility management, and may be subject to reasonable special fees set forth by the company.
   (I)   The vehicle towing service shall be available 24 hours per day.
   (J)   The vehicle towing service shall provide an answering service, direct telephone number and, a pager or cellular telephone number for immediate contact and response for a Police Department tow request. No third-party telephone numbers shall be acceptable for the foregoing purpose.
   (K)   When paged or called regarding a Police Department tow request, the vehicle towing service shall confirm the tow request within a maximum response period of five minutes. The responding tow driver or vehicle towing service agent shall contact the Village 9-1-1 Center to confirm the tow request and to verify the location and type of tow required. Failure to confirm the tow request within the five minute period shall be cause to request a tow from the next scheduled vehicle towing service on the towing list.
   (L)   Under normal weather and traffic conditions, the vehicle towing service shall arrive at the scene of the tow within the maximum response time. The vehicle towing service shall guarantee a maximum response time of 20 minutes.
   (M)   The vehicle towing service must be capable of handling ALL normal tow requests, including winching capabilities for passenger vehicles, sports utility vehicles, motorcycles, dirt bikes, and junk/abandoned vehicles under most weather, road, and earthen conditions, i.e. snow, mud, rain, turf, et cetera.
   (N)   The vehicle towing service shall be responsible for meeting the tow needs of oversized vehicles such as semi-tractor trailers and vehicles similar in size and weight, which require larger super-sized tow trucks (“heavy-duty towing service”). The maximum response time provided in division (L) of this section may be extended if necessary to provide a super-sized tow truck. The vehicle towing service may subcontract for heavy-duty towing service during its on-call period if it does not have a tow vehicle capable of handling heavy-duty towing service. Reasonable and customary rates for the towing and storage of oversized vehicles shall be followed.
   (O)   The vehicle towing service shall provide reasonable disabled vehicle service when on call, including but not limited to flat tire changing service, battery jumps, and locksmith service. Unless access to a locked vehicle is deemed an emergency, vehicle lock-outs will be assigned to the on-call tow service unless the Police Department is directed otherwise by the vehicle owner. If the on-call vehicle towing service is unable to perform the lockout service, the next vehicle towing service in the rotation will be contacted.
   (P)   All vehicle towing service trucks must be equipped with a broom, debris receptacle, and oil dry. The driver shall be responsible for the cleanup of all accident debris and vehicle fluids where cleanup is practical and can be done safely.
   (Q)   All vehicle towing service trucks shall be kept clean and in good repair and working order and shall display current and valid safety inspection stickers.
   (R)   All tow drivers and vehicle towing service employees shall wear a retro reflective traffic safety vest (ANSI II compliant) at any time they are present in any roadway conducting tow business at the request of the Police Department.
   (S)   Notification shall be provided to the Police Department every time a new employee who will be responding to calls from the Police Department is hired. All required information as set forth in § 122.02(A)(11) shall be provided for each such new employee to enable the Police Department to perform a criminal background check in regard to each new employee. The cost of the background check shall be paid by the vehicle towing service. In the event the background check reveals that the individual has been convicted of the commission of a felony under the laws of this state, the laws of any state, or the laws of the United States, has been convicted of any sex offense or is a registered sex offender in this or any other jurisdiction, has previously been convicted of a violation of any of the provisions of this chapter, or has had a suspended or revoked driver’s license, said individual may be disqualified from operating a tow truck for the towing service within the Village of Tinley Park.
(Ord. 81-0-002, passed 3-17-81; Am. Ord. 2005-O-003, passed 2-1-05; Am. Ord. 2013-O-019, passed 6-18-13)