(A) (1) The Police Department shall retain a nonexclusive franchise towing service rotation list of not more than four towing services, all of whom first must meet the requirements of this section.
(2) The towing services granted nonexclusive franchises shall be selected by competitive bidding by the City Council on the basis of the amount of the franchise fee offered and the capacity of the bidders to meet the needs of the Police Department and the persons whose vehicles are towed.
(3) When other qualifications are equal, consideration of the amount, variety and quality of equipment will be considered in limiting the nonexclusive franchises to four.
(4) Each franchise shall be awarded by the City Council for five years from the date of issue.
(B) Vacancies in the towing service rotation list may, at the option of the City Council, be filled in the same manner as in division (A) above.
(C) Towing services needed by the Police Department will be called in rotation order, unless in the judgment of officers on the scene for the health and safety of the public, other choices are deemed necessary.
(D) The towing service must comply with all rules and regulations as set forth by the state’s Motor Vehicle Enforcement Department.
(E) Each tow is $125, as set by tow companies. Fees include a $50 fee for the first day, a $25 administrative fee, $25 storage fee and $25 for each additional day.
(F) Towing services must meet all state insurance requirements and specifically $100,000 in tow (or hook-on) insurance as required by the state police and garage keeper insurance with a minimum coverage of $50,000 to protect owners of vehicles in storage.
(G) Tow vehicles must meet the requirements of the state police and failure to maintain towing equipment or provide adequately trained and responsible drivers will be reason for removal from the towing list.
(H) All vehicles towed on orders by the Police Department can be released to the owners only with a signed release form from the city.
(I) Tow trucks must respond to a call site within 20 minutes unless in the opinion of the Police Chief there are extenuating circumstances. Failure to respond within the prescribed time will be reason to remove the towing service from the towing service list.
(J) The chosen tow services shall pay to the city a franchise fee of a minimum of 15% of all fees and charges collected and for all receipts of unclaimed vehicles sold for scrap. The fees are to be paid monthly within ten days after the end of each calendar month to the City Clerk/Treasurer. Late fees will draw a penalty of 2% per each month or portion thereof, compounded monthly, and the offending towing service may be suspended or removed from the list of towing services. Failure to pay fees shall constitute a lien on the property of the towing service.
(K) Towing services removed from the franchise rotation list will still be liable for all fees on vehicles already towed or in storage.
(L) Towing services removed from the list may be reinstated only with the approval of the City Council.
(M) Towing services on the towing services rotation list shall tow city vehicles without charge whenever the need arises within the city and its immediate environs, and, on the request of the Police Department, shall tow impounded vehicles stored outside the county to the city’s police station for examination under the county’s procedures, and if necessary in the opinion of the Police Chief, returned.
(N) The rotation list notwithstanding, requests of vehicle owners/operators for a specified towing service operating in the area will be honored on accident scenes where the owners/operators are not charged, as long as the requests do not interfere with traffic or would not otherwise endanger or affect adversely the rights of other motorists or citizens.
(Prior Code, § 70.06)