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HomeMy WebLinkAboutO-1312OR DAI_NANCIF, NO. 1312 FAIRHOPE — TOWING AN'D I .E-C:0V1=RY NOTATION ORDINANCE — REPEA_Ir LNG OF,0gNANCE NO. 1047 AN ORDINANCE TO PRC)iE%1OTE THF, )PijBI,IC SAFETY, HEALTH AND WELFARE OF THE RESIDE NIS OF FPS i1111-IOPE, ALABAMA BY LICENSING AND REGULATING TOWING SEi'RVIt:'ES; REQ(!?RING INSURANCE TO PROTECT THE PUBLIC; ESTABLISHING A FEE STRUCTURE FOR ALL LICENSEES, PROVIDING FOIR INVh,STIGATION ,AM) SUPERVISION BY THE CHIEF OF POLICE; `alp T tI1 -'C FORTH D11111ES OF LICENSEES; PROVIDING FOR REVOC:*.,TION OAF I.,ICENSES; ANIi "RESCIttIIING PENALTIES FOR Tfl1i,- 0f)Iw,kTION OF PROVISIONS HEREIN: BE IT ORDAINED BY THE Cl"fY COLNC11. OF THE CITY OF FAIRHOPE, Ab _UTAMA, as follows: PL.'RPOSE: The purpose of this ordinance i, to establish guidelines and requirements to efficiently manage and provicse police iaaiated towing service that. will be of rnutu.,.bl benefit to the public, the Fairholac .?olice Department and the towing company. GOAT_,: To provide the highest iei el of service to the motoring public at a fair cost SECTION 1. DEFINITIONS: For purposes of this ordinance, the iollowing'erms, phrases, words, and their derivations shall have the meaning, herein ascribed. When not inconsistent with the context, words used in the present tenses inchide the future; words used in the singular number include the plural; and words used in the male gender include the female and neuter. The word "shall" is a1wetiys mancbtory and not merely directory. A.) "City" is the: City of Fairhope, Alabama. B.) Pel"SOI]" is any person. fifai, ha;t130TSh1I), association, COTpOTatloll, company Or orgai,,i-zation ofany hind. C,) "Vehicl: '' any device in. upon or by which any person or property is or may be transpo:i:-,d upon a stre=,t, D.) "Street";:; Llny public road. street, av('nue, highway, or alk-y. E.) "Co ined" the governing body ofthe City of Fairliope, Alabama. i") `.Chic. -t, Ti' J ")lice." is tlie chief Of DOli11'c of the City of Fairhope, Alabama. '.. -k call for tmving service, which is initiated by a police; dep ,,r[ment employee, for the purpose of storing or impounding, a vehicle. ''. Acall for tmving service, which is initiated by a police department employee., For the purpose of removing a vehicle which has been Involved ill a collision Towing Ordinance 1312 Page —2- 3. A call for towing service, which is initiated by a police department employee, at the request of the driver of a disabled vehicle H.) "Incident" is any event wherein the police officer at the scene determines that a tow truck is needed, whether it is a wreck, accident, collision, arrest, abandonment, impoundment of vehicle or property, or any event in the nature of an emergency. I.) "Tow Truck" is a vehicle operated by a person engaged in the business of vehicle towing, whereby vehicles are towed or otherwise removed from the place where they are disabled or parked by use of a tow truck so designed for that purpose. SECTION 2. PERMIT AND LICENSE REQUIRED: No tow truck shall engage in business or offer such services within the city or its police jurisdiction, without first obtaining a permit from the chief of police for each tow truck to be operated and a license to operate a tow truck service business from the city as provided in this ordinance. SECTION 3. APPLICATION FOR PERMITS: Applications for permits issued hereunder shall be made upon forms prepared and made available by the chief of police. All information contained in the application is for the benefit of the persons utilizing the services and the submission of such information shall be considered as authorization that such information as contained in the application is open to inspection by any interested person and that it may be provided and furnished to any person needing or requiring services of a tow truck or of a "wrecker". The applicant shall include such information as the applicant wishes to submit, but must state and provide the following: A.) The name and type of legal entity, trade name (if any), home address and business telephone number(s) of the person making application B.) The location and description of the tow trucks owned or operated by the applicant C.) The description, size and location (address) of proposed holding yard D.) An agreement that the applicant will obey and comply with the terms and provisions of this ordinance and all laws relating to towing or storage of vehicles for the public and the applicant shall cause his employees to obey and comply with the terms and provisions of this ordinance and all laws relating to towing or storage of vehicles for the public E.) An agreement that the applicant will abide by the fee schedule for towing and storage services (F) Such other information as the chief of police shall find reasonably necessary to effectuate the purpose of this ordinance and to arrive at a fair determination of whether the terms of this ordinance have been complied with. 2 Towing Ordinance 1312 Page —3- (K) No wrecker shall be marked by color, decal or other means such as to cause same to resemble a Fairhope Police vehicle or any other law enforcement vehicle. SECTION 4. INSURANCE REQUIREMENTS AND VEHICLE INSPECTION All tow trucks operating within the city or its police jurisdiction shall maintain a valid bond or insurance policy issued by a surety or an insurance company authorized to do business in the State of Alabama with coverage at the following minimum levels and containing an endorsement providing for thirty (30) days notice to the city, specifically to the officer designated by the police chief to monitor tow truck companies, prior to any material change therein or cancellation thereof: 1. Two hundred fifty thousand dollars ($250,000.00) for bodily injury to any one person; 2. Five hundred thousand dollars ($500,000.00) for bodily injury in one accident; 3. One hundred thousand dollars ($100,000.00) for damage to property, other than the towed vehicle and its contents while being either towed or stored; 4. One hundred thousand dollars ($100,000.00) in garage keepers' legal liability, including but not limited to coverage for fire, explosion, theft, riot and/or civil commotion, vandalism and collision with a deductible not greater than five hundred dollars ($500.00). a. Each wrecker operator doing business in the city who moves or otherwise makes contact with any vehicle to be towed, assumes liability for injury to persons, property damage, fire, theft, or any other acts of negligence stemming from the towing process. b. Each wrecker operator doing business in the city shall be inspected by the Daphne Police Department at least once a year, but more often if complaints arise, to ensure compliance with the following requirements: (1) The wrecker company is properly licensed by the city. (2) The wrecker company is properly insured in accordance with the provisions of this chapter evidenced by a copy of certificate of insurance. (3) All personnel who may respond in behalf of the wrecker operator to any wrecker operator to any wrecker call in the city have received at least an awareness level of hazardous material training evidenced by a certificate of completion. (4) A garage or mechanic licensed to do business in the city, who is not an owner, employee or otherwise connected with any wrecker company regulated by this chapter of the City Code, has inspected and issued a certificate upon inspection that all wreckers of the wrecker company are in safe operating condition, Towing Ordinance 1312 Page --4- (5) the following mechanical functions and systems are in proper working order and each wrecker of the company has the following additional equipment in the vehicles; a. Equipment: winches; cables; rubber cradle; triangles; broom; ax; shovel; dollies; pry bar; safety chains; b.Wheels: bearings; lugs; c. Tires: fint left and right (no recap) minimum tread depth 5/32; rear left, outside, and all drive tires minimum tread depth 4/32; d.Brakes: master cylinder; fluid level; leaks; wheel cylinder; brake hose and lines; hydrovac and lines; vacuum or air tanks; parking brake; vacuum or air gauge and buzzer or light; brake pedal fade; pedal pads, if factory equipped; adjustment; brakes; e. Lights: head, clearance; directional; flashers; brake, stop and tail; reflectors; wrecker revolving, strobe, or flashing yellow or amber light mounted where visible 360 degrees; f. Exhaust system: exhaust manifold; exhaust pipe; muffler; tail pipe; g.Rear end; springs, shackles and clamps; leaks; h.Clutch and transmission; adjustment; release; i. Body: seats securely fastened and in good condition; no broken glass in any window, and no broken or cracked glass in any windshield which obstructs the driver's vision; mirrors, left and right; wipers, windshield washers; horn; fire extinguisher; markings; driver's and passengers seat belts, if factory equipped; flags and flares; sun visor for driver; j. Steering: steering arm; tie rod -ends and drag -link; front springs, shackles and clamps; sector to frame mounting; steering free play; k.Department of Transportation Emergency Response Guide Book. SECTION 5. STANDARDS FOR ISSUANCE: The chief of police shall issue a permit hereunder when he finds that: A.) The public convenience and necessity require the proposed tow truck service for which an application has been submitted; E Towing Ordinance 1312 Page —5- B.) Insurance policies as required by this ordinance have been procured; C.) The applicant and all employees are fit and proper persons to conduct or work in the proposed business; D.) The tow trucks of the applicant appear to be in good mechanical condition and so equipped in accordance with the requirements herein so that the usual work of a tow truck can be accomplished; E.) The requirements of this ordinance and all other governing laws and ordinances have been met; F.) All requirements for a "tow truck" promulgated from time to time by the State of Alabama have been met. SECTION 6. PROMULGATION OF REGULATIONS: The chief of police may from time to time promulgate and enforce reasonable rules and regulations for tow trucks. SECTION 7. APPLICATION FOR BUSINESS LICENSE: Upon issuance of a permit or permits by the chief of police, as provided for herein, the owner must make application for a city of Fairhope business license and pay the required license fee at the office of the city clerk prior to doing or soliciting any business in the city. SECTION 8. TERM FOR PERMIT: Unless sooner revoked, a permit issued hereunder shall be valid for the remainder of the calendar year in which it was issued and may be renewable on the first business day in January for each succeeding calendar year. It shall be unlawful for any person to engage in business of a tow truck within the city after the expiration date of his permit without malting an application for renewal and obtaining a valid permit for another year. Permits are nontransferable. SECTION 9. TOWING SERVICE REQUIREMENTS: A.) The towing service shall render 24 hours; 7 days a week towing service and the service area shall include the entire police jurisdiction of the City of Fairhope. B.) Towing companies shall respond to the scene within fifteen (15) minutes from the time when called by the Fairhope Police Department Dispatch Center within the Fairhope city limits, or thirty (30) minutes within the police jurisdiction after being dispatched. Upon request for a heavy-duty tow truck, response time may be up to forty-five (45) minutes. C.) All tow trucks and their equipment shall be in good working condition. D.) Once a tow truck has arrived at the scene, the driver shall, without undue delay, move vehicles to a location where they do not impede or obstruct Towing Ordinance 1312 Page —6- traffic and remove any debris on the ground origination from the vehicles in accordance with section 13A-7-29 (4) Code of Alabama, 1975. E.) No undue delays - undue delays includes, but are not limited to, delays caused by lack of knowledge or training of the tow truck driver to effectively operate the tow truck or its equipment, faulty equipment and the lack of necessary equipment or supplies to remove a vehicle. F.) The towing company is required to have dispatching capabilities to their trucks/drivers 24 hours per day. (Answering services are not allowed). G.) The towing company will maintain a minimum of one driver on -duty at all times. H.) Each towing company will have a staffed office in Fairhope. It will be staffed to the extent that employees can release vehicles, file and maintain documents, and answer questions from the public both in person and on the phone. The office shall be staffed at least, Monday through Friday, 8:00 A.M. — 5:00 P.M. I.) The towing company shall maintain a current list of drivers and shall furnish a copy of it to the Fairhope Police Department annually. This list shall contain current information on owner(s) and drivers. They will furnish residence address, city, zip code, phone number(s), date of birth, driver's license number, date of hire, and any other personal information that may be requested by the Fairhope Police Department. A tow company representative shall sign this information. False and/or misleading information is cause for termination. 1. No owner or operator who has been convicted of any felony or any crime involving force or violence or for which a sentence to the state penitentiary could be imposed shall be on the rotation list. J.) Operators shall not employ tow truck drivers with poor driving records. To do so knowingly or negligently would be grounds for suspension or termination. K.) All stored vehicles shall be released from the tow company's office in the City of Fairhope. L.) Upon signing the police tow ticket, towing companies must agree to assume full responsibility for vehicles and their contents. M.)Regardless of the number of tow trucks a company may have, the company will only be included on the rotation list one time. 1. No two or more companies will share the same physical location, address, parcel of real estate, or telephone number. N.) No employee of a tow truck company shall call the police dispatcher to inquire as to rotation status or to express grievances relating to wrecker companies on the rotation list. rol Towing Ordinance 1312 Page —7- 1. Such matters shall instead be directed to the Chief of Police who shall respond within five (5) days. SECTION 10. STANDARD TOW TRUCK EQUIPMENT: Each tow truck shall maintain the following standard equipment on every tow truck: A.) Power Winch — winch line and/or boom with lifting capacity of not less than four (4) tons. B.) Wheel -lift — lift designed to transport vehicles by their tires without further damaging the towed vehicle. C.) Safety chains D.) Safety vest E.) Safety gloves F.) Fire extinguisher G.) One pry bar H.) One broom I.) One ax J.) One shovel K.) One set of road flares/triangles L.) Four way hazard emergency flashing lights M.)Tow lights N.) 360' visibility revolving or strobe light colored amber or yellow O.) Work lights designed to provide lighting on dark incident scenes P.) One set of dollies per company (with company's name permanently affixed to dollies) SECTION 11. WRECKER ROTATION. Requirements for placement on rotation list. This section applies only to wreckers on rotation list. (a) To qualify for inclusion on a rotation list with the city, a wrecker company must: (1) Maintain a duly licensed business with at least one location licensed within the corporate limits of Fairhope, Alabama. Any wrecker company which desires to be placed on the rotation list must possess a business license from the 7 Towing Ordinance 1312 Page —8- city to operate a wrecker in addition to any other business license which the company may possess. (2) Have applied to be on such rotation list. The application form will be provided by the police department. (3) Maintain twenty-four (24) hour wrecker service, seven (7) days per week, with a wrecker operator and wrecker on call at all times. Answering services shall not be permitted since time is of the essence when responding to a wrecker call. (4) Arrive on the scene within fifteen (15) minutes in the city or thirty (30) minutes within the police jurisdiction after being dispatched. This does not constitute license or permission for any wrecker driver to disregard traffic laws. (5) Have adequate storage space, enclosed by a six (6) foot chain link fence or wall with a gate under lock and key which provides for the storage and safekeeping of no fewer than fifteen (15) wrecked, disabled or impounded vehicles. Such storage area shall be located within the corporate limits of Fairhope, Alabama. (6) No owner or operator who has been convicted of any felony or any crime involving force or violence or for which a sentence to the state penitentiary could be imposed shall be on the rotation list. a. The owner of the wrecker service shall provide the chief of police with a list of all employees/operators with their names, addresses, dates of birth, social security numbers and the number of a valid Alabama Driver License with the proper classification. b. All personnel who may respond in behalf of the wrecker company to any wrecker call in the city or its police jurisdiction must have a certificate of completion from a recognized Hazardous Materials Class indicating at least an awareness level of hazardous materials training. c. Wrecker companies which wish to remove cars and light trucks may have a flatbed, rollback or slideback carrier with proper specifications and equipment. However, no rollback wrecker as described above will be used to answer a rotation call unless specifically requested by the police dispatcher on duty. If the dispatcher requests a rotation wrecker and does not specify type, then a conventional boom type wrecker must be used. To be placed on the Fairhope Police Department rotation list, each company must have at least one conventional wrecker. (7) It is the further intent of this ordinance that wrecker companies shall be subject to the following: a. No employee of a wrecker company shall call the police dispatcher to Inquire as to rotation status. b. Grievances relating to wrecker companies on the rotation list shall not be directed to dispatchers by any means. Such matters shall instead be directed to the chief of police who shall respond within five (5) days. Towing Ordinance 1312 Page —9- c. Police dispatchers will telephone only one number as provided by the wrecker company. Wrecker companies may elect to have calls forwarded to another number. However, no pagers or answering machines shall be used. d. If a wrecker company becomes unavailable due to wrecker problems, repairs, etc., that company shall call the police dispatcher and so advise. e. Wrecker unavailable calls for frivolous purposes will not be tolerated. (Mere inability to make a wrecker call will result in a loss of turn on the rotation list.) (8) Classification of Wrecker Company: a. Class A: Has the ability to move all types of vehicles, including large buses, long trailers, tractor -trailers, combinations, loaded. Has a large roll back and a standard one -ton or larger wrecker. b. Class B: Has at its disposal a large wrecker, rollback of one ton or more and a standard one ton wrecker. c. Class C: Has at its disposal a standard one ton wrecker. The stated rates shall be subject to annual review and adjustment by the City Council annually as deemed appropriate by the council. SECTION 12. TOW TRUCK CLASSIFICATIONS: A.) The towing company shall equip and maintain tow trucks covered under this Policy in accordance with the provisions set forth in the Alabama Department of Transportation Handbook and consistent with industry standards throughout the Agreement. B.) Control Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. C.) All tow trucks under city contract shall clearly display (in contrasting colors), the name of the tow company, address, telephone number and truck number. D.) Tow trucks shall not display the words "Official Police Tow" or words to that effect, without prior written approval from the Fairhope Police Department. E.) There will be four (4) classes of tow trucks covered under this Policy. 1. Class A — Light Duty: a. The towing company shall maintain a minimum of one truck with a manufacturer's gross vehicle weight rating (GVWR) of 10,000 to 19,500 pounds with wheel -lift capabilities and may 0J Towing Ordinance 1312 Page —10- have a car carrier. Class A equipment must include a four (4) ton recovery equipment rating and 100 feet of 3/8" 6x19 cable or OEM specifications. b. A towing company that has a car carrier may be exempted from the wheel -lift capability requirements; however, the car carrier must be an additional unit. 2. Class B — Medium Duty: a. The towing company shall maintain at least one tow truck with a manufacturer's gross vehicle weight rating (GVWR) of 19,501 to 33,000 pounds. The truck shall be capable of providing air to the towed vehicle. Class B equipment must include a 19,501 to 33,000 GVRW chassis and 150 feet of 7/16" 6x19 cable or OEM specifications. b. The tow company may also have a car carrier; however, the car carrier must be an additional unit. A Class B (car carrier) must be equipped with a 19,501 + GVWR chassis and 50 feet of 3/8" 6x19 cable or OEM specifications. 3. Class C — Heavy Duty: a. The towing company may maintain at least one three -axle tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least 33,000 pounds. The truck shall be capable of providing air to the towed vehicle. Class C equipment must include a 33,000 to 50,000 GVWR chassis, 25 ton recovery equipment rating, and 200 feet of 5/8" cable or OEM specifications. 4. Class D — Super Heavy Duty: a. The towing company may maintain at least one three -axle tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least 50,000 pounds. The truck shall be capable of providing air to the towed vehicle. Class D equipment must include a 50,000 + GVWR chassis, 25 ton recovery equipment rating, and 250 feet of 3/4" cable or OEM specifications. SECTION 13. TOW TRUCK DRIVERS: The towing company shall ensure that only qualified and competent drivers respond to calls initiated by the Fairhope Police Department. All drivers who may respond on behalf of the tow truck company to any towing call in the city or its police jurisdiction must have a certificate from a recognized Hazardous Materials Class indicating an awareness level of hazardous materials training. All State and Federal E.P.A. Guidelines shall be followed. Tow truck drivers shall be at least twenty-one (21) years old and posses the following minimum class driver's license: A.) Class A tow trucks — a valid driver's license and a valid medical certificate. 10 Towing Ordinance 1312 Page —11- B.) Class B tow trucks — a valid class B commercial driver's license and a valid medical certificate. C.) Class C tow trucks — a valid class A commercial driver's license and a valid medical certificate. D.) Class D tow trucks — a valid class A commercial driver's license and a valid medical certificate. SECTION 14. STORAGE SECURITY RESPONSIBILITY: General requirements. A.) Open area storage — perimeter fencing of the storage/impound lot shall be a block wall or non -climbable design chain link fence at least six (6) feet high. The wall of the fence shall have a minimum of three strands of barbed wire or razor ribbon around the top of the entire fenced area. It shall be installed in such a manner so as to discourage access over the top of the fence or wall. Maximum gap between the bottom of the fence/gate and pavement/ground is five (5) inches. There must be least one gate or door that will allow adequate access to the lot and there must be an adequate locking device on such gate or door. B.) There shall be adequate lighting to illuminate the entire storage/impound lot as well as all structures thereon. Lighting shall be directed so as not to interfere with other nearby property owners. C.) Adequate open storage space shall be provided to accommodate stored, impounded, and disabled vehicles resulting from police calls for towing services. The minimum capacity of such lot within the corporate city limits of Fairhope shall be twenty (20) vehicles. Tow operators may have more than one lot in order to accommodate the twenty (20) vehicles. Each motor vehicle will be accessible by an aisle not less than ten (10) feet wide. D.) Any other security devices as deemed reasonably necessary by the police department E.) Any damage to wall and/or fence structures shall be repaired within 24 hours to insure proper protection for the stored/impounded vehicles F.) The towing company shall be held accountable for all personal property and vehicle accessories together with the vehicle stored within its storage facility. Fairhope, its officers, agents, and employees shall be relieved of all responsibility. SECTION 15. EVIDENCE HOLD OR SPECIAL HANDLING REQUIREMNTS: (Section 15) is not required to be on rotation, but shall be required to tow vehicles on hold. A.) The secured evidence hold area must be within the confines of the tow company's primary storage facility, within the city limits of Fairhope. 11 Towing Ordinance 1312 Page —12- B.) Four walls, a roof, and a door with a locking device for protection from the elements of weather and other forms of contamination C.) The bottom edge of the enclosed structure shall not be more than two (2) inches above the finished parking surface of the enclosed area. D.) Applicable towing companies provide an enclosed "evidence hold" area. It shall be secured at the top by either a roof or having razor ribbon/barbed wire around the top. E.) This space must be adequate to contain two full-sized passenger vehicles. 1. The area will provide ample room for vehicle inspection, free of restriction from other vehicles, equipment, structures, or other objects. 2. Structure will have a hard floor of either concrete or asphalt. 3. Only items being held, as police evidence will be kept in the "evidence hold" storage area. The "evidence hold" storage area and floor will be kept in a clean condition. 4. There must be adequate lighting and electrical power immediately available to this area. 5. The area will be free of pedestrian and vehicle traffic during the inspection. 6. Vehicles with "evidence holds" will not be touched, moved, or tampered with in any manner without the Fairhope Police Department's written consent. 7. A log will be maintained to document date, time, name, and purpose of all person(s) entering the storage area for vehicles with "evidence holds." SECTION 16. MAXIMUM ALLOWABLE TOWING/STORAGE FEES: No tow truck company which qualifies for the rotation list of the Fairhope Police Department shall charge any fee in excess of amounts set forth herein for calls referred by a police dispatcher. A.) Seventy-five ($75.00) dollars charge for each vehicle towed from one point in the city or jurisdiction to another point therein, for any vehicle with a gross vehicle weight rating (GV WR) of 10,000 pounds or less. 1. In addition to A.) above, any service call which requires more than one (1) hour on scene, shall be permitted an additional seventy five ($75.00) dollars per hour charge. 2. In addition: a. If any vehicle must be rolled over there will be a forty ($40.00) dollars charge. 12 Towing Ordinance 1312 Page —13- b. If any vehicle must require winching there will be a one ($1.00) dollar per foot charge. c. If any vehicle does not have keys there will be a twenty ($20.00) dollars charge. (Excluding vehicle removals) 3. No added towing charges will be allowed for moving the towed vehicle to any destination required by owner within the city or jurisdiction, but two dollars and fifty cents ($2.50) per mile charge will be allowed for one way towing outside the police jurisdiction, to tow a vehicle into the jurisdiction from outside, or to tow a vehicle from the jurisdiction to another destination as requested by the vehicle owner. B.) One hundred and twenty five ($125.00) dollars charge for each vehicle towed from one point in the city or jurisdiction to another point therein, for any vehicle with a gross vehicle weight rating (GVWR) of 10,001-26,000 pounds. 1. In addition to B.) above, any service call which requires more than one (1) hour on scene, shall be permitted an additional one hundred twenty five ($125.00) dollars per hour charge. 2. In addition: a. If any vehicle must be rolled over (price subject to situation). b. If any vehicle must require winching there will be a two ($2.00) dollars per foot charge. c. If any vehicle does not have keys there will be a twenty ($20.00) dollars charge. (Excluding vehicle removals) No added towing charges will be allowed for moving the towed vehicle to any destination required by owner within the city or jurisdiction, but three dollars and fifty cents ($3.50) per mile charge will be allowed for one way towing outside the police jurisdiction, to tow a vehicle into the jurisdiction from outside, or to tow a vehicle from the jurisdiction to another destination as requested by the vehicle owner. C.) Two hundred and fifty dollars ($250.00) charge for each vehicle towed from one point in the city or jurisdiction to another point therein, for any vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more. 1. In addition to A.) above, any service call which requires more than one (1) hour on scene, shall be permitted an additional two hundred and fifty ($250.00) dollars per hour charge. 2. In addition: a. If any vehicle must be rolled over (price subject to situation). b. If any vehicle must require winching there will be a two dollars and fifty cents ($2.50) per foot charge. 13 Towing Ordinance 1312 Page —14- c. If any vehicle does not have keys there will be a twenty ($20.00) dollars charge. (Excluding vehicle removals) No added towing charges will be allowed for moving the towed vehicle to any destination required by owner within the city or jurisdiction, but three dollars and fifty cents ($3.50) per mile charge (straight truck) and four dollars and fifty cents ($4.50) per mile charge (tractor trailer) will be allowed for one way towing outside the police jurisdiction, to tow a vehicle into the jurisdiction from outside, or to tow a vehicle from the jurisdiction to another destination as requested by the vehicle owner. D.) Storage shall be charged as follows: 1. Fifteen ($15.00) dollars per day charge for vehicles with a (GV WR) of less than 10,000 pounds. 2. Twenty-five ($25.00) dollars per day charge for vehicles with a (GVWR) of more than 10,001 pounds but, less than forty (40) feet in length. 3. Thirty-five ($35.00) dollars per day charge for vehicles over forty (40) feet in length. 4. In addition to storage rates above, ten ($10.00) dollars per day will be charged for vehicles that require inside storage. SECTION 17. GENERAL OPERATION: A.) No tow truck shall proceed to the scene of an incident without being requested to do so by the police or the owner or person in charge of the vehicle. No tow truck operator or employee shall solicit business at the scene of an incident. B.) Each vehicle designed for the purpose of a vehicle towing service business shall be equipped with a flashing, revolving or strobe amber or yellow caution light mounted for 360' visibility and properly installed. Said caution light shall be operated at the scene of a wreck/collision, but shall not be operated while proceeding to the scene of a wreck/collision or while in transport, unless such use is authorized by the police department in a particular case because of an emergency situation. C.) Each operator shall maintain a record system covering all services performed in pulling or towing all vehicles in conjunction with the Fairhope Police Department rotation system, and such records must at the minimum include the following: 1. The date and time the service was requested. 2. The name of the person requesting the service. 3. The location of the vehicle. 4. Description, license and V.I.N. of towed vehicle. 14 Towing Ordinance 1312 Page —15- 5. The vehicle owner or driver's name, if known. 6. The service charges and fees. D.) All records required herein must be available for inspection by officers or agents of the Fairhope Police Department. Such inspections shall be conducted at a reasonable date and hour at the towing service. E.) The operator shall maintain the required records for both the current license year and the immediately preceding license year F.) A record of all abandoned motor vehicles shall be maintained by the tow truck company and the sale or disposal of any abandoned vehicle be in accordance with Chapter 13, Title 32, Code of Alabama SECTION 18. FINANCIAL INTEREST: A.) No contracted towing company or applicant shall be directly involved in the towing related business of any other contracted towing service or applicant within the city of Fairhope. Directly involved shall mean anything in common between contracted towing companies or applicants with regards to any of the following: 1. Business License 2. Insurance 3. Tow truck or equipment ownership 4. Employees B.) Any towing company contracted by the city of Fairhope cannot share storage facilities owned by another towing company contracted by the city of Fairhope. SECTION 19. COMPLAINTS: A.) Complaints against towing companies as it relates to rotation calls will be documented with the Fairhope Police Department. Complaints will be received and investigated for allegations of, but not limited to: 1. Discourteous service 2. Unethical business practices 3. Unsafe or improper handling of stored or impounded vehicles 4. Overcharging for services 5. Excessive delay in responding to calls 6. Unsafe towing equipment 15 Towing Ordinance 1312 Page —16- 7. Violations of State Laws 8. Violations of City Ordinances 9. Deficient facility security 10. Deficient facility storage conditions 11. Failure to comply with Fairhope Police Department tow policy 12. Failure to perform according to the towing agreement 13. Failure to keep required records B.) Complaints will be assigned to a Fairhope Police Officer to investigate. The officer will send a copy of the complaints and a letter requiring a response, within seven (7) calendar days, to the affected towing company's owner(s). 1. NO notice shall be sent or delivered if it is determined that notification will impede or interfere with Police investigations. C.) The towing companies may respond in writing to the complaint within seven (7) calendar days of the date on accompanying letter. Failure to respond within seven (7) calendar days will result in the investigating officer to make a decision regarding the complaint based on the information available. D.) The officer will consider all of the evidence available and assign a disposition to the complaint. The disposition categories are: 1. Unfounded — Incident did not occur or did occur but was lawful and within policy. 2. Inconclusive — Unable to determine if the incident did or did not occur, or unable to determine if the towing service or its employee(s) are responsible. 3. Sustained — Incident occurred and was either contrary to the towing policy, towing agreement, state laws, or city ordinances. E.) The towing company and complainant will then be notified of the disposition of the complaint in writing. SECTION 20. DISIPLINARY ACTION: A.) If a complaint is determined sustained and the circumstances or prior record show cause for a suspension or termination of the towing company's service, the officer investigating the complaint will present the facts to the Fairhope Police Chief with a recommendation for disciplinary action. B.) The Fairhope Police Department will review the facts and the recommendations. Upon doing so, the Fairhope Police Department will either concur with the recommendations or determine another course of action. 16 Towing Ordinance 1312 Page —17- C.) If the Fairhope Police Department arrives at a decision to suspend or terminate the services of a towing company, the decision will be forwarded, as a recommendation to the Chief of Police. 1. If the Chief of Police concurs with the decision to suspend or terminate a towing company's services, the towing company will be notified in writing of the impending disciplinary action and their right to appeal. 2. If the towing company exercises the right to appeal, a request for a hearing must be made in writing to the Fairhope Police Department within seven (7) calendar days after receiving notice to suspend or terminate towing services. 3. Upon receiving a request for an appeal, the Fairhope Police Department will set a hearing date. 4. The towing company will be given a ten (10) day notice of the date, time, and location of the hearing. The hearing date may take place at an earlier date, if all parties age in agreement. If the concerned towing company plans to have legal counsel present or counsel appearing on their behalf, the concerned towing company shall inform the Fairhope Police Department at least seven (7) working days prior to their scheduled hearing. The city attorney's office will be notified and a city attorney will be assigned to represent the city during the review process. SECTION 21. PENALTIES: A.) Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of such shall be fined one hundred ($100.00) dollars and may be sentenced to ten days in jail, at the discretion of the municipal court, for the first offense; B.) For each subsequent conviction, the defendant shall be fined not more than five hundred ($500.00) dollars and may be sentenced to not more than six months in jail, at the discretion of the municipal council. C.)Towing company punishment- Any person or employee violating the foregoing rules will result in the wrecker company being immediately removed from the rotation list for a period of time as follows: 1. First violation — 30 days suspension; 2. Second violation in same calendar year — 90 days suspension; 3. Third violation in same calendar year — one (1) year suspension. SECTION 22. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 17 Towing Ordinance 1312 Page —18- SECTION 23. REPEALER: All provisions of all ordinances in conflict herewith are hereby repealed to the extent of the conflict. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE 28`" DAY OF August , 2006. ATTEST: - L/�/) 24a�—� Geniece W. Johnso ity Clerk 18