(A) A person commits an offense if he or she intentionally or knowingly solicits a tow in any manner, directly or indirectly, on the streets of the city involving any motor vehicle that is damaged as the result of a collision on a public street. This prohibition applies regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, selling or purchasing such vehicle.
(B) In any prosecution for a violation of this section, proof that the tow truck was present at the scene of an accident shall constitute prima facie evidence that such permit holder or the tow truck driver was operating or causing to be operated the tow truck to solicit business, but the person charged shall have the right to introduce evidence to prove that the motor vehicle owner requested a tow truck to come to the scene or that a police officer requested the tow truck for the vehicle owner.
(C) It shall be an affirmative defense that the motor vehicle was not disabled as a result of a collision.
(Ord. 17-0822, passed 8-22-2017; Ord. 21-0921, passed 9-21-2021) Penalty, see §
91.99