(A) (1) The Police Department shall inquire of an individual whose motor vehicle is subject to towing if such individual has a preference of the towing service to be used. Such individual shall not receive advice or assistance from the Police Department to determine a preference, except that the individual may be provided with the identities and relative locations of towing services on the rotational list referenced in division (E) below. Should the individual communicate a preference, such towing service shall be notified that its services have been requested, unless such request would be unreasonable for public welfare and safety as opposed to a closer or quicker towing service.
(2) Should no preference, or an unreasonable preference, be given or should the situation occur where towing is needed and the individual cannot communicate such a preference, the towing service shall be dispatched based upon the rotational list established by the County Emergency Services, Enhanced 911 Communications Center. If the individual provides an unreasonable preference, the Police Department shall document the reasons as to why the preference was unreasonable.
(3) All towing services on the County 911 list that are subject to being dispatched to the town shall provide to the Police Department a certificate of insurance annually showing coverages for liability, property damage, and bodily injury. Such towing services shall further comply with all municipal, state, and federal laws and regulations.
(B) Should there be a problem with the use of any of the towing services on said rotation list, the Police Department shall document such incidents and infractions of the towing service, including, but not limited to, arriving at the scene late or not arriving at the scene at all. Such incidents and infractions shall be provided to the Chief of Police. The Chief of Police has the right to remove a towing service from the rotation list of the County Bureau of Emergency Services, Enhanced 911 Communications Center for reasons including, but not limited to, the following:
(1) Intoxication on the part of the driver of the tow truck;
(2) Inexcusable tardiness, or failure to make an appearance within a reasonable time limit;
(3) Equipment deemed inappropriate or considered a safety hazard;
(4) Routinely failing to remove wreckage debris from a roadway or refusing on any occasion to remove debris from the roadway when requested to do so by a police officer or other emergency personnel; or
(5) Any other non-conforming action that would be deemed inappropriate by the Chief of Police, including, but not limited to, any pertinent criminal act or conviction of a towing service operator or an employee.
(C) The Police Department shall not be liable for any damages, or injuries, that may occur as a result of the process of towing by said towing services.
(D) For each incident where towing services are required, the Police Department shall maintain a public record of the name of the towing service utilized.
(E) The Chief of Police or his or her designee shall convene or participate in a meeting at least every three years to determine appropriate towing services to include on the rotational list and to be dispatched to the town, at which time, notice shall be published regarding said meeting.
(Prior Code, § 307.10) (Ord. 10-002, passed 3-8-2010; Ord. 2020-001, passed 2-28-2020)
Statutory reference:
Generally, see W. Va. Code § 24-6-12