(A) The Police Chief is authorized and directed to maintain a voluntary non-consent tow truck permit list of those city-permitted companies qualified and willing to perform non-consent tows at the direction of the Police Department. Participation in the list shall be voluntary; however, towing companies accepting referrals from the list shall be deemed to have agreed to the fee set by this chapter.
(B) Upon arrival at the scene of a wrecked or disabled vehicle, the police officer shall determine if a police-authorized tow is necessary. If a non-consent tow is necessary, the police officer shall utilize the department’s tow truck management app to contact the next tow truck up on the rotation list to tow the vehicle.
(C) If the tow dispatch is cancelled, or the tow truck arrives and performs a service for which the driver doesn’t charge a fee (unlocking a vehicle, jump starting a dead battery, etc.), the officer will utilize the tow truck management app to cancel the tow truck, which will automatically place that tow truck back on top of the rotation list.
(D) If the owner or driver of a motor vehicle that is wrecked or disabled has a tow truck preference, that request will be honored if it would not cause undue delay and immediate towing is unnecessary. Any tow truck or towing company may tow the vehicle at the owner’s or driver’s request as long as it has a valid state tow tag and cab card. If the wrecked or disabled vehicle has any part or portion thereof upon the roadway, the tow truck responding to the owner’s or driver’s request shall have 15 minutes to arrive at the scene and remove the vehicle, or such shorter period of time if, in the discretion of the police officer on the scene, such shorter period of time is necessary to protect the safety and welfare of the public; otherwise, the vehicle may be towed pursuant to a police-authorized tow. A heavy duty tow truck responding to an owner’s request shall have 30 minutes to arrive at the scene.
(E) A towing company accepting a non-consent tow agrees to look exclusively to the vehicle owners for payment of the fees. This section applies to the police-ordered removal of vehicles which are interfering with traffic, or for which removal is required for some other public safety or law enforcement related purpose. This section does not apply to consent tows or non-consent tows ordered by persons other than police officers of the city.
(F) A permit holder is qualified to be on such list if the permit holder maintains:
(1) At least one permitted tow truck required to be on such lists; and
(2) A 24-hour tow truck service.
(G) When the police officer investigating a collision determines that a motor vehicle involved in a collision is unable to safely proceed under its own power, or when the police officer determines that the owner involved in a collision is physically unable to safely move the motor vehicle to a location where it will not create a traffic hazard, such officer shall request the owner to designate the tow truck service that the owner desires to move the motor vehicle.
(1) Such designation by the owner will be indicated in writing on a tow form provided by the city and signed by the owner, or documented electronically in the app.
(2) When the designation has been properly made, and the requested towing service is on the department’s list, the police officer shall notify the designated tow truck service through the tow truck management app. If the towing service is not on the department’s list, the officer will ask the owner to contact the towing service.
(3) If the designated tow truck service does not have a tow truck available with a valid state tow tag and cab card, or the tow truck service does not answer the phone, the owner will be requested to make another designation.
(H) If the owner of a motor vehicle involved in a collision is physically unable to designate the tow truck service desired to remove the vehicle, or the owner fails or refuses to designate one, or has no preference:
(1) Such designation by the owner will be indicated in writing on a tow form provided by the city and signed by the owner if the owner is physically able. If not, the police officer shall indicate by notation on the form or electronically in the tow truck management app.
(2) No person shall tow, carry or transport a motor vehicle under the direction or authority of a police officer unless a tow slip has been issued to the driver of the tow truck by a police officer, or approved by the officer in the tow truck management app. Such tow truck slip shall be filled out by the police officer on a form designated by the city or in the app. The tow truck slip shall contain the following information:
(a) A complete description of the motor vehicle to be towed, including the license plate number and the vehicle identification number;
(b) Any personal property contained within the motor vehicle which is visible from outside that vehicle;
(c) Any visible missing parts or paraphernalia;
(d) Any visible damage to the inside or outside of the motor vehicle;
(e) The location from which the vehicle is being towed;
(f) The date and time the vehicle is picked up by the tow truck;
(g) The reason the vehicle is being towed;
(h) The location to which the vehicle is to be towed;
(i) The towing and storage fee and fee schedule;
(j) The permit number of the tow truck being used for the tow;
(k) The signature and employee number of the police officer authorizing the tow; and
(l) The signature and tow truck license number of the tow truck driver.
(I) If the permit holder, after arrival at the scene, determines, in conjunction with the police officer in charge, that assistance is needed, then the permit holder shall arrange for such assistance within a reasonable time.
(J) The permit holder notified that it is up for a rotation tow shall deliver a tow truck to the scene within 15 minutes of the notification. If the notification is for a heavy duty tow truck, the permit holder shall deliver a heavy duty tow truck to the scene within 30 minutes of the notification. If the permit holder doesn’t intend to respond or declines to respond to the tow for any reason, it will immediately refuse the tow notification in the tow truck management app so that the officer can notify the next permit holder in the rotation.
(Ord. 17-0822, passed 8-22-2017; Ord. 21-0921, passed 9-21-2021)