§ 114.04 ELIGIBILITY FOR INCLUSION ON SERVICE LISTS.
   (A)   Wrecker service list. Any wrecker service business operating within the city shall be eligible for inclusion on the wrecker service list; provided, said business meets all of the following requirements and conditions.
      (1)   All wrecker services must submit a written application in form and format approved by the city, pay an annual business license fee and must have a valid business license issued by the city.
      (2)   The wrecker service must provide 24-hour service seven days per week, and shall respond to all emergency calls within 20 minutes or less. In addition, the wrecker service must have a local telephone number to handle emergency calls on a 24-hour basis.
      (3)   (a)   The wrecker must have a minimum weight limit of one ton, be equipped with a motor-driven wrench, wheel lifts and dollies, and otherwise meet standard wrecker specifications as may hereafter be determined by the Mayor from time to time.
         (b)   In addition, the wrecker must be equipped with one ABC fire extinguisher, safety chains, dolly, ax, broom and shovel.
         (c)   The wrecker service is responsible for cleaning all debris from streets and properly disposing of same when called to the scene of an accident, and must have some type of material to absorb spillage of liquids from wrecked vehicles onto city streets.
      (4)   The wrecker service must provide a copy of its I.D. card through the commonwealth’s Department of Transportation, Division of Motor Carriers. The name and K.Y.U. number must be permanently painted on wrecker vehicles. Each wrecker service must be capable of towing imported vehicles not designed to be towed by conventional methods.
      (5)   The wrecker service must impose a reasonable agreed upon charge for towed or transported vehicle and shall furnish the city with a current list of all charges for wrecker service, including basic tow and add-on charges. Wrecker services are prohibited from charging more for services rendered pursuant to this chapter than they would charge for identical services to private customers. Wrecker services shall further notify the city of any increase in wrecker service charges at least 30 days prior to the implementation of those new charges.
      (6)   The wrecker service shall have personnel available during reasonable business hours to provide information to the city and vehicle owners, owner’s agent or representative concerning the transportation or storage of towed motor vehicle.
      (7)   The wrecker service shall be responsible for all losses, theft or damages to vehicles from the time they are towed until the vehicle is released to the owner, a dealership, auto repair or storage facility.
      (8)   The wrecker service must furnish an adequate record system for all motor vehicles and property towed and stored, and adequate storage for all personal property removed therefrom. Said records shall contain information including, but not limited to, a log indicating vehicle description (make, model, VIN number, color and the like), license number, any personal property in the vehicle, along with the date and time of towing and release.
      (9)   The wrecker service shall employ only those operators holding a valid commonwealth operator’s license without conditions or restrictions that would impair the driver’s ability to operate wrecker equipment.
      (10)   The wrecker service must provide the city with certificates of insurance insuring said wrecker service against theft, vandalism, personal injury, damages or other casualty losses in amounts and on such terms as are prescribed by the commonwealth’s Department of Transportation. Said insurance shall provide coverage for both the wrecker and the towed vehicle and said wrecker service must provide the city with annual renewals of said insurance.
   (B)   Vehicle storage facility list.
      (1)   All authorized automobile storage facilities with the city shall be entitled to compete for inclusion on the storage facility list that will provide municipal storage service.
      (2)   The vehicle storage facility list shall be determined by the following process.
         (a)   As soon as practicable after the adoption of this chapter, the Mayor shall advertise and solicit competitive bid proposals for municipal vehicle storage service, based on the specifications, terms and conditions that best facilitate reliable vehicle storage service, and preserve and protect the public health, safety and welfare.
         (b)   At a minimum, specifications for competitive bid proposals shall include payment of an annual business license fee and require all vehicle storage facilities to comply with applicable zoning laws, regulations and other industry standards, including storage experience and readiness.
            1.   Storage facilities must also provide:
               a.   Inside facility for storage of special care vehicles;
               b.   Security fence to protect evidence for future court proceedings; and
               c.   Twenty-four-hour availability for police research.
            2.   The city reserves the right to accept one or more bids that best promote its objectives, and further reserves the right to reject any and all bids that do not meet the specifications, terms and conditions prescribed therein.
      (3)   Inclusion of wrecker service and storage facilities on service lists shall not be construed as an employment or contractual relationship between the city and said business or facility, and the city assumes no liability by virtue of this chapter for damages claimed by vehicle owners, or any and all other persons who may present a claim for damages against the city in connection with the towing, repair and/or storage of a motor vehicle.
(Ord. 404-94, passed 8-29-1994)