§ 12-702. Requirements and duties.

All wrecker services approved by the chief of police and placed on the rotation list shall be subject to and comply with the following requirements:

(1)

The wrecker service shall, as a condition of being placed on the approved rotation list, deposit with the city secretary a performance bond in the amount of $1,000.00, or, in the alternative, a cash bond supported by cash or cashier's check in the amount of $1,000.00, to guarantee the performance of the requirements of this article. The performance bond shall be assured by a reputable bonding company authorized to do business and doing business in the state.

(2)

In the event a police wrecker service operator is requested by the police department to make a call and the operator agrees to make said call, then such operator shall proceed immediately to the scene where he is directed and shall be given a reasonable length of time in which to reach said location. If the police wrecker service operator answering said call has not reached said location within a reasonable length of time, then the officer at the scene may proceed to call the next police wrecker service operator on the list and that operator shall have priority in that particular call. In the event that the police wrecker service operator called fails to comply with the provisions of this section by not proceeding to the designated place within the time specified in this subsection, then this police wrecker service operator shall be removed from the top of the list and placed at the bottom of the list. This section shall not apply where the operator's name at the top of the list is called and he advises the officer requesting the wrecker service that he will be unable to make said call, nor will it apply where there has been a delay caused by some act or commission of another person other than the wrecker operator or his employees or by an act of God.

(3)

Unless otherwise directed by the police officer at the scene, the police wrecker service operator shall tow all wrecked vehicles to the city vehicle pound or an approved storage facility. Every police wrecker service shall have each storage facility which is to be used under the terms of this article approved by the chief of police.

(4)

All drivers for such police wrecker service operators shall be required to register with the city police department and a driver's license report from the department of public safety shall be requested.

(5)

Each police wrecker service shall provide 24 hour service, including Sundays and holidays, and each shall have available for the performance of the towing and wrecker services the following equipment:

a.

All that equipment required by section 12-657.

b.

A minimum of three wreckers on a one-ton chassis, with a power driven crane, lifting capacity 10,000 pounds.

(6)

Each police wrecker service operator shall provide the defense for, indemnify and hold harmless the city from any and all claims, suits, causes of action or liability of any nature arising out of the police wrecker service operator's activities conducted pursuant to this article.

(7)

Where it becomes necessary in any manner to disconnect, tamper with or damage the gears, emergency brake or any other part of a vehicle before towing, the police wrecker service operator shall, on termination of the tow, repair or put such vehicle back in its condition as it existed at the time when the police wrecker service operator arrived at the scene.

(8)

Upon receiving a complaint from any source claiming damage to a vehicle or its contents towed by a police wrecker service operator, the operator shall submit a written report to the chief of police within 24 hours after receipt of such complaint. Such report shall contain all facts pertinent to the claim or the complaint presented.

(9)

All police wrecker service operators shall maintain a telephone, manned 24 hours a day, and sufficient personnel to perform all obligations set forth in this article.

(10)

Each police wrecker service operator shall furnish to the chief of police certain personnel data in addition to that required by section 12-622, including fingerprints and photographs of all wrecker drivers employed by the operator.

(11)

A police wrecker service operator may charge the following maximum fees for nonconsensual city towing services:

a.

All average tows, including motorcycles and motorscooters, shall be in the amounts set forth in the following table:

	Light Duty	Medium Duty	Heavy Duty
Towing	$95.00	$175.00	$250.00
Labor per hour	$65.00	$175.00	$250.00Labor refers to anything other than standard hook up proceduresLight Duty = 10,000 GVW or lessMedium Duty = 10,000 to 26,000 GVWHeavy Duty = Above 26,000 GVW

 

b.

No change to this section.

c.

Fees for impoundment, storage and notification are as set by the state department of transportation.

(12)

At the option of the city, each police wrecker service operator shall furnish the following additional services:

a.

When directed by the chief of police or his duly authorized representative, the police wrecker service operator shall tow vehicles which are parked in violation of the law. Such vehicles will be towed only to the city vehicle pound or an approved storage facility. For such tows the operator shall charge only the fees shown in subsection (11)a. of this section. Vehicles with locked steering mechanism and wheels turned may dolly the vehicle in order to tow, and a dolly fee shall be charged.

b.

The city shall be charged $25.00 for the towing of each city-owned vehicle.

(13)

Financial records. Each wrecker service operator shall maintain books and records reflecting his operations hereunder in accordance with generally accepted accounting principles, and as may be specifically prescribed by the city finance director. Such books and records, together with any other documentation necessary for verification of contractor's compliance with the term of this article, shall be made available in the city, on request, to said finance director or his representatives.

(14)

Payment of taxes. Each police wrecker service operator shall pay to the appropriate collection authority all federal, state and local taxes and fees which are now or may hereafter be imposed upon the operator or the business conducted by the operator, and shall maintain in current status all federal, state and local licenses and permits required for the operation of business conducted by the operator.

(15)

Collection of fees. Each police wrecker service operator shall be responsible for the collection of its towing fees.

(16)

During the course of the contact, should any of the police wrecker service operator's personnel violate any of the rules and regulations as provided for herein, said violation will be grounds for cancellation of their permit.

a.

Police service operators and other personnel of the operator shall comply with directions from police officers or firefighters in charge of the scene of an accident. At no time will they interfere with efforts of the police officers or firefighters.

b.

Police wrecker service operators and other personnel of the operator shall comply with orders of the chief of police or his designated representative relating to the tow of vehicles.

c.

At the time of tow, the police officer in charge will furnish the wrecker driver with an impound slip if the vehicle is to be towed to the city vehicle pound or an approved storage facility. The police wrecker service operator shall maintain one copy of the impound slip at the operator's place of business.

(Code 1982, § 15-146; Ord. No. 87-56, § 1, 9-21-1987; Ord. No. 91-3, § 1, 1-7-1991; Ord. No. 03-26, § 1(15-146), 8-18-2003)