[Adopted 9-19-2017]
The purpose of this article is to ensure proper storage, availability
and service by persons and firms authorized to provide towing services
at the request of the Warren County Sheriff's Office, the Front Royal
Police Department, Virginia State Police and other law enforcement
personnel. The towing operators are deemed independent contractors
and not employees of Warren County, the Town of Front Royal, Virginia
State Police, or other law enforcement agencies assigned to Warren
County or Front Royal.
As used in this article, the following terms shall have the
meanings indicated:
An application for towing service within Warren County.
Warren County, Virginia.
A critical traffic problem, snow storm, ice storm, hurricane
or other extreme weather condition; parade or similar public event;
disaster or similar event.
The Joint Advisory Board on Towing which consists of seven
members: three law enforcement officers, including one from the Sheriff's
Office, one from the Police Department and one from Virginia State
Police, three representatives of towing and recovery businesses and
one citizen.
A law enforcement officer of Warren County, Town of Front
Royal, Virginia State Police or agency of such officers or other law
enforcement agency assigned to Warren County.
The Town of Front Royal Police Department.
A printed, numerated and dated receipt that includes the
tow company name, company address and telephone number and receipt
signed by owner/operator.
The Warren County Sheriff's Office.
Temporary removal from the towing list for a violation of
this article or breach of the towing service agreement.
Permanent removal from the towing list and rescission of
towing service agreement.
The list maintained of the towing operators authorized to
respond the Sheriff's Office, Police Department or other law enforcement
personnel's request for the towing of vehicles.
A towing firm or service, with an established business office
and location within Warren County, which meets the requirements of
this article and has entered into an agreement to provide towing and
recovery services at the request of the Sheriff's Office, Police Department
or other law enforcement personnel.
Any person, including a business offering services involving
the use of a tow truck, including those engaged in the business of
removing disabled vehicles, parts of vehicles, or cargo to facilities
for repair or safekeeping; and restoring to the highway or other location
vehicles that have come to rest where they cannot be operated. Such
business shall have at least one location, consisting of an office
and storage lot, within Warren County for at least six months.
The agreement between the Joint Towing Board and the towing
operator.
The Town of Front Royal, Virginia.
A.
Required vehicles and equipment.
(1)
The towing recovery business shall have available at least one of
the following vehicles with valid Virginia license plates, inspection
sticker and SCC/DMV license.
(a)
Tow truck equipped with a wrecking crane capable of lifting
a minimum of 8,000 pounds and up to a maximum of 10,000 pounds or
the gross vehicle weight rating. Tow truck must be equipped with a
wheel lift capable of lifting a minimum of 1,500 pounds.
(b)
Flatbed wrecker with at least an 8,000 pound winch and capable
of transporting a maximum of 7,000 pounds or the gross vehicle weight
rating.
(2)
Each of the vehicles above shall be originally designed as tow trucks.
(3)
Each of the vehicles above shall be equipped with the following:
(a)
A chassis rated with sufficient gross vehicle weight to match
the maximum capacity of the crane mounted thereon;
(b)
All-weather tires on the rear wheels:
(c)
At least one fire extinguisher;
(d)
At least two operable amber revolving or flashing emergency
lights, mounted on the highest part of the vehicle and visible from
all sides;
(e)
One operable air tank, when not equipped with air brakes. Flatbed
wreckers are exempt from this requirement;
(f)
One heavy-duty street broom and one shovel;
(g)
Dollies, scotch blocks and snatch block;
(h)
Gas and oil absorbent material;
(i)
ANSI-compliant, reflective vest, shirt or jacket; and
(j)
Vehicle tow lights.
(4)
Heavy-duty wreckers.
(a)
For those towing operators who desire to be on the heavy-duty
wrecker list, they shall own or lease a minimum of two towing/recovery
trucks and at least one road tractor. One truck shall have a minimum
of 60,000 pounds rating and the second truck shall have a minimum
40,000 pounds rating. All units shall have winches rated at a minimum
of 20,000 pounds. All units must have a boom that raises and lowers,
extends and retracts by hydraulics. All units must have a hydraulic
under-lift rated to raise 12,000 pounds at full extension.
(b)
Towing operators shall own, lease or have a written agreement
with a subcontractor for the following:
[1]
Lowboy hydraulic operated trailer capable of transporting a
wrecked or disabled road tractor and/or debris;
[2]
Trailer forty-five-foot or longer box trailer;
[3]
Dump truck, dump trailer or container;
[4]
Air cushions designed for and capable of uprighting a loaded
tractor and trailer;
[5]
A skid steer loader, forklift or wheel loader capable of moving
cargo and/or debris from the highway; and
[6]
Adequate personnel donning an ANSI-compliant reflective vest,
shirt or jacket to off-load cargo.
(c)
All loads must be secured with two-wheeled straps or safety
chains.
(d)
All equipment must be equipped with legally required light and
safety equipment.
(e)
All equipment must be in good working order with all equipment
required in this article.
B.
Storage and security of vehicles.
(1)
All towing operators shall have a secured lot for vehicles towed
under this article. Vehicles shall be stored at all times in said
storage lot, storage facility or building or an adjacent service bay.
(2)
A towing operator shall maintain and own or lease a dedicated storage
area able to contain all towed vehicles towed by the operator. Storage
area shall be fully enclosed by a commercial-grade fence which is
at least six feet tall, or enclosed by a permanent structure, have
adequate lighting and remain reasonably clear of debris. Towing operators
shall not share storage lots unless the shared storage lot is divided
by a six-foot high stationary fence with a separate locked entrance
to each storage area.
(3)
The storage lot shall have a sign posted identifying the firm's name
and telephone number. Wrecker service facilities and equipment, including
vehicles, office, telephone lines, office equipment and storage facilities
may not be shared with another wrecker service. Vehicles towed at
the request of law enforcement personnel must be placed in storage
owned or leased and operated by the wrecker service on the towing
list.
(4)
The storage lot shall have a graveled or paved surface.
C.
Insurance.
(1)
No towing service agreement shall be signed until the towing operator
has provided evidence of the following insurance coverage for the
duration of the towing service agreement by a company or companies
licensed to do business in the commonwealth. Any changes or lapses
in insurance coverage shall immediately be reported to the Joint Towing
Board.
(a)
The towing operator shall be required to carry garage keeper's
legal liability insurance in the minimum amount of $75,000 to cover
fire, theft, windstorm, vandalism and explosion for each lot. Towing
operators on the heavy-duty wrecker list shall be required to carry
garage keeper's legal liability insurance in the minimum amount of
$200,000.
(b)
Insurance sufficient to protect itself from any and all claims
of loss, damage or bodily injury, resulting from its acts or incurred
in the operation of the towing operator's business equipment and vehicles
pursuant to the towing service agreement in the amount of $750,000
or the amount required by the state (vehicle liability policy).
(2)
The towing operator shall indemnify and hold harmless the Sheriff's
Office, Police Department, Virginia State Police, Warren County and
Town of Front Royal, all other law enforcement agencies assigned to
Warren County, including their agents, employees and representatives,
from any and all claims, casualties, damages or injuries arising out
of its actions pursuant to the agreement.
A.
Any towing operator desiring to perform towing work at the request
a law enforcement agency shall submit an application for towing service
in duplicate to the Joint Towing Board. Prior performance and reputation
in the community, as reported through the office of citizen and consumer
affairs and criminal history record information as supplied by applicant,
will be considered when a towing operator applies to perform towing
services under the towing service agreement.
B.
All towing operators must be licensed through the Department of Criminal
Justice Services.
C.
In order to be qualified for towing under this article, a towing
operator shall operate the towing recovery business at said location
within Warren County for a minimum of six months prior to applying
for towing under this article. The six-month waiting period may be
waived for applicants who are currently authorized to tow under this
article.
D.
A towing operator may not make any changes that alter the information
that was submitted in the application unless first notifying the Joint
Towing Board.
E.
The application shall be submitted on forms provided by the Joint
Towing Board and includes the following information:
(1)
The name of the towing recovery business to include the owners, members
and/or corporate officers.
(2)
The home and business addresses and phone numbers of the towing recovery
business, owners, members and/or officers.
(3)
The location, size and security features of the storage lot on which
the towed vehicles will be stored. The storage facility shall be described
in detail to include the size, the lighting and the separate entrance.
The storage facility may be a building or a lot which shall be a minimum
of 1,500 square feet for regular towing operators or a minimum of
3,000 square feet for heavy-duty towing operators.
(4)
The location in which the public must go to in order to claim stored
vehicles.
(5)
A statement of availability to provide towing service on a continuous
twenty-four-hours-a-day basis each day of the year.
(6)
A list of the towing equipment, its size and capacity. Towing operators
shall maintain and register all trucks. A copy of property taxes showing
taxes paid on trucks and equipment domiciled within the county or
town and each vehicle registration must be submitted on an annual
basis with application or reapplication.
(7)
A complete list of insurance policies, carriers and agents which
would be in effect upon execution of the towing services agreement.
Proof of the policy will be filed with the Joint Towing Board. This
information will include amount of coverage limits and include workers'
compensation, if applicable.
(8)
A statement that the towing operator accepts reasonable responsibility
for any personal property left in towed and stored vehicles, as may
be otherwise determined by law, along with a description of the secure
place which will be used to store the property left in towed or stored
vehicles. A statement that the towing operator accepts reasonable
responsibility for a towed vehicle from the time hookup starts until
the vehicle reaches the intended destination.
(9)
Towing operators must list two telephone numbers at which they can
be reached on a twenty-four-hours-a-day basis. Specific times and
days denoting business hours versus nonbusiness hours must accompany
the telephone number. Name of the business and telephone number must
be posted in a conspicuous place at the place of business.
(10)
A statement from the zoning office of the local government entity
in which the towing recovery business is located that the storage
lot listed on the application meets all required zoning requirements.
(11)
A statement from the Treasurer and/or the town finance office
that all financial obligations are paid. All towing operators must
be current in all financial obligations to the County and/or Town.
(12)
A copy of declaration of personal property or business personal
property on registered equipment must be submitted annually.
F.
All applicants shall pay an application fee, as established by the
Joint Towing Board, remitted to and collected by the Joint Towing
Board.
A.
All of the tow trucks, required equipment and storage facilities
shall be inspected and approved by the Joint Towing Board prior to
use. In addition, all tow trucks and required equipment shall conform
to the provisions of Code of Virginia, § 46.2-1000 et seq.
The Joint Towing Board may periodically inspect all wreckers, equipment
and storage facilities utilized under this article without any advanced
notice. There will be an annual inspection of all wreckers, equipment
and storage facilities utilized under this article. For heavy-duty
wreckers, a CVSA sticker will also be required.
B.
There shall be an annual inspection fee, as established by the Joint
Towing Board, remitted to and collected by the Joint Towing Board.
C.
The Joint Towing Board shall give the towing operator written notice
when the equipment or storage facility is found to be unacceptable.
D.
Tow trucks and equipment or storage facilities that fail the inspection
shall not be used by a towing operator in the performance of its obligations
under a towing services agreement until they pass inspection.
E.
Failure to comply with any of the conditions stated above will result
in suspension of the towing operator from the towing list until the
corrections have been made. If the corrections are not made within
10 calendar days, the towing operator shall be terminated from the
towing list.
F.
All applications for new towing operators to be included on the towing
list or applications for renewals of towing operators shall be submitted
to and shall only be received and processed by the Joint Towing Board
from May 1 to May 30 of each calendar year. The calendar year for
the application of this article shall be July 1 to June 30.
A.
The Joint Towing Board shall conduct an investigation to determine
the accuracy of the information contained in the application and shall
inspect the storage lot and equipment to be used.
B.
Upon completion of the investigation, the Joint Towing Board shall
determine whether the applicant meets the requirements of this article.
If the Joint Towing Board finds the applicant qualified, he shall
approve and sign the towing services agreement. The applicant's name
shall be placed on the towing list in a rotating order.
C.
If the Joint Towing Board finds the applicant unqualified, it shall
indicate, in writing, the reasons and return the application to the
applicant.
A.
Towing operators shall, at the request of and as directed by law
enforcement personnel, tow vehicles in the County or Town in a manner
that is damage-free to the vehicle being towed. Towing operators shall
comply with all applicable federal, state and local laws, including,
but not limited to, the securing of all necessary federal, state and
local licenses. All towing operators shall display a WT-Tag (tow truck
for hire) and/or an IRP-Tag (international registration plan).
B.
All towing operators shall have the towing recovery business's name,
town, state and telephone numbers printed on both sides of the towing
vehicle in letters and numerals of such size, shape and color as to
be readily legible during daylight hours from a distance of 50 feet
while the vehicle is not in motion. No magnetic sign shall be used
on vehicles. Decals are permissible. The towing operator shall provide
a business card to law enforcement personnel before leaving the scene.
Each towing operator must be registered with the Virginia Department
of Motor Vehicles in the name of the towing recovery business and
insured by the towing recovery business.
C.
Towing operators shall provide twenty-four-hours-per-day towing service
each day of the year.
D.
Towing operators shall have available at all times sufficient and
qualified personnel to receive calls and execute the towing.
E.
If a towing operator determines additional equipment is needed, the
law enforcement personnel shall contact a different towing operator
on the towing list.
F.
Towing operators shall notify all law enforcement agencies during
normal business hours 48 hours prior to a change in their phone number.
No answering service is allowed.
G.
Towing operators that operate under the lawful direction of law enforcement
personnel or the Virginia Department of Transportation shall not be
held responsible for any damages or claims that may result from the
failure to exercise any authority granted under this article, provided
they are acting in good faith.
H.
Towing operators must also coordinate with personnel of the Virginia
Department of Transportation regarding removal of vehicles and cargo.
The Virginia Department of Transportation Personnel has the authority
to use a front-end loader to remove vehicles and cargo.
I.
The towing operator agrees to arrive on the scene within 30 minutes
of receiving a call. If the towing operator fails to meet the specified
time limit, the law enforcement personnel will notify a second towing
operator. Once the second towing operator has been requested, services
from the first towing operator are considered canceled and the first
towing operator is not due any payment. Heavy-duty towing operators
will have a forty-five-minute time limit to arrive on scene.
J.
If, in the judgment of the Joint Towing Board, excessive delays are
caused by circumstances within the towing operator's control, the
Joint Towing Board may recommend the towing operator be suspended/terminated
from the towing list.
K.
Law enforcement personnel shall authorize work times for recovery
operations. Law enforcement personnel has the right to terminate the
recovery operation in the event of an emergency or if the work times
are exceeded.
L.
Towing operators shall have only those tow trucks owned or lease-purchased
by them responding to calls for service.
M.
If a tow truck is not available, then the towing operator shall immediately
indicate to the dispatcher that it cannot respond and the reason why.
The dispatcher shall then notify the next towing operator on the list.
N.
Towing operators may use crossovers located on the interstates or
public highways that are prohibited when directed to do so by law
enforcement personnel pursuant to Code of Virginia, § 46.2-920.1.
O.
All towing operators must possess a valid Virginia driver's license
or commercial driver's license, and medical certificate as may be
required and be qualified to operate the tow vehicle and its equipment.
P.
All towing operators shall decline a service call if they consumed
alcohol and/or used any drug or narcotic, either by a doctor's prescription
or of their own free will within eight hours prior to a call for service.
Q.
Towing operators shall remove all litter, glass and debris caused
by the incident which necessitated towing, including ordinary and
reasonable quantities of oil and gas spillage as determined by the
law enforcement personnel on the scene. If circumstances warrant additional
charges, they will be thoroughly documented and itemized.
R.
All towing operators shall have the capability to accept cash and
credit card as payment for services under the agreement in the field
at the time services are rendered.
S.
The towing operator shall tow vehicles to any destination within
Warren County requested by the vehicle owner or any law enforcement
personnel. However, the vehicle may be taken outside of Warren County
limits for impound or investigatory reasons. In addition, at the vehicle
owner's or insurance company's request, the vehicle may be taken to
a collision center outside of Warren County.
T.
Any towing operator permanently ceasing to provide towing/recovery
services shall, within 15 days, notify the Joint Towing Board, in
writing.
U.
Towing operators shall not bring minors to the scene of incident.
A.
If an owner or lienholder fails to claim any vehicle or if the towing
operator wants to satisfy any lien which it has on a vehicle, it shall
be the towing operator's responsibility to dispose of or sell the
vehicle in compliance with the Virginia State Code.
B.
The towing operator shall be reasonably responsible for vehicles
towed and any contents from the time the vehicle is towed until one
of the following events occurs:
C.
Towing operators shall secure all personal property at the scene
of a collision to the extent possible and preserve personal property
in a vehicle which is about to be towed.
D.
The towing recovery business shall keep records of all vehicles which
have been towed pursuant to the towing services agreement. These records
shall include, at a minimum, the date and time of tow, the vehicle's
license number and state of issue, the vehicle's identification number,
the year, make, model and color of the vehicle, the requesting agency,
the location from which it was towed, the charges for towing and storage,
the disposition of vehicle and date of disposition.
E.
Towing operators shall promptly arrange for the release of vehicles
towed or stored pursuant to this article. There shall be an attendant
available from the hours of 8:00 a.m. through 5:00 p.m., except on
weekends and state holidays, for the purpose of permitting inspections
or releasing stored vehicles. After hours, the owner or attendant
must be available by telephone. The owner or attendant must be available
twenty-four-hours-a-day, each day of the year for the purpose of releasing
stored vehicles.
(1)
Towing operators, upon receiving a request to release or permitting
an inspection of a stored or seized vehicle from the owner, operator
or other authorized person, shall release that vehicle to the owner
or other authorized person between the hours 8:00 a.m. and 5:00 p.m.
within a thirty-minute timeframe.
(2)
Towing operators, upon receiving a request to release or permit an
inspection of a stored vehicle by an owner or authorized person during
other than normal business hours, shall allow and otherwise require
two hours' notice for the release of such motor vehicle. The foregoing
notice provision shall apply likewise for the release of personal
property and contents within the vehicle. All fees charged for any
off-hour release/inspection shall be no more than one day of storage.
(3)
Upon request, towing operators shall distribute to the owner, operator
or authorized agent a copy of the complaint procedures form.
(4)
Towing operators shall not release any vehicle designated as "seized"
or "seized for forfeiture" by a law enforcement agency until the towing
operator obtains permission from the requesting agency and/or Commonwealth's
attorney. The towing operator shall bill the requesting agency for
the cost of the tow.
F.
Towing operators shall not release any vehicle that has a "hold"
on property contained within such vehicle without first obtaining
authorization from the requesting law enforcement agency and/or Commonwealth's
attorney.
G.
Tow sheet form.
(1)
Whenever the towing operator is requested to remove a vehicle and
the owner of the vehicle, or their authorized agent or driver, is
not at the scene at the time of the tow, law enforcement personnel
is requested to complete a tow sheet form that includes the following:
(2)
One copy shall be given to the towing operator, one copy to the owner
of the vehicle and one copy retained by the law enforcement agency.
H.
All records relating to the towing operator's application and insurance
shall be made available for inspection without any advance notice
by the Joint Towing Board after a Freedom of Information Act request
is filed.
A.
The Joint Towing Board shall ensure that towing operators are called
on a rotating basis according to the towing list. Being placed on
the towing list does not guarantee a particular number or quantity
of calls; does not guarantee an equivalent number of calls to every
towing operator on the list; nor entitle any towing operator on the
list to any compensation as a consequence for not being called in
accordance with the towing list or when removed from the towing list.
B.
The owner or operator of a vehicle to be towed shall be asked to
specify the towing operator of his choice, whether or not authorized
by law enforcement personnel, unless the vehicle constitutes a traffic
hazard and the requested towing operator will have an unacceptable
response time. If the owner or operator requests a specific towing
operator, the law enforcement personnel shall document the request
in that particular agency's CAD.
C.
The law enforcement personnel shall not call any towing operator
who does not have a towing services agreement unless all towing operators
on the towing list are unavailable or an emergency exists. In the
event of an emergency or no availability of towing operators on the
towing list, law enforcement personnel and VDOT can request towing
recovery businesses outside of Warren County.
D.
In an emergency, the law enforcement incident commander may call
a towing operator out of sequence in order to shorten response time
to the scene of the incident. However, any towing operators which
are randomly used during suspensions of the towing list must be reported
to communications for record purposes.
E.
Law enforcement personnel at the scene may reject the services of
the towing operator dispatched when the towing operator arrives with
inadequate equipment to perform the tow. Unfitness shall include,
but not limited to, possession of inadequate equipment to perform
the tow, or operated by personnel who, due to drugs, alcohol or other
incapacity, are not likely to perform the tow safely. In the event
that the towing operator is determined to be unfit, law enforcement
personnel shall notify communications to dispatch the next towing
operator on the towing list and shall file a written report with the
Joint Towing Board.
F.
Law enforcement personnel will call another towing operator if the
first towing operator fails to answer the telephone or receives a
busy signal after two attempts.
G.
If the towing operator does not answer the telephone or refuses the
call, the towing operator loses that turn in rotation and will not
be called until the towing list rotates to their name again. If the
towing operator responds to a call, it shall be placed at the bottom
of the towing list, unless the towing operator, through no fault of
its own, is not used and receives no compensation for the call. In
that event, it shall be placed back at the top of the towing list.
A.
All costs incident to towing and storage shall be paid by the owner
or other authorized person of the towed and stored vehicle to the
towing operator. In those cases involving "seized" vehicles, the owner
shall reimburse the requesting law enforcement agency for the towing
costs.
B.
The towing and storage fees charged by the towing operator shall
be reasonable in light of those charged by other towing operators
in the county for comparable service. There shall be no additional
charges for mileage. No charges imposed for the storage of vehicles
for a period of 24 hours or less shall exceed charges imposed for
one day of storage.
C.
An itemized receipt for payment, which sets forth the cost of towing,
excessive cleanup, storage, and repairs, shall be issued to the owner/operator
or other authorized person. Said receipt shall also include a signature
line for the owner/operator or other authorized person acknowledging
receipt of the vehicle.
D.
All towing operators shall submit their current pricing to the Joint
Towing Board related to towing, recovery, winching, storage charges
and administrative charges. No administrative charges shall be incurred
for the first 24 hours of storage and no administrative fee or charge
shall exceed $95. Written notice of these fees shall be available
at the request of the owner or operator of the vehicle.
A.
No towing operator shall respond to an accident, scene of an emergency
or mechanical breakdown for the purpose of towing vehicles unless
specifically called there by law enforcement personnel, or the person
involved in the accident or emergency. Violation of this section shall
result in suspension from the towing list for 30 days for the first
offense, 60 days for the second offense, and termination from the
towing list for a third offense for a period of 12 months.
(1)
The law enforcement personnel shall direct the towing operator to
leave even if the towing operator would otherwise have been called
to the location.
(2)
The law enforcement personnel may direct the towing operator to provide
necessary services in such instances when immediate assistance is
necessary to protect persons or property.
B.
Towing operators are prohibited from soliciting business at the scene
of accidents, emergencies or mechanical breakdowns whether they are
there in a towing capacity or other public service duties.
A.
A violation of any of the following may subject the towing operator
to suspension from the towing list:
(1)
Deliberate failure of a towing operator to respond to calls;
(2)
Securing a towing services agreement by fraud or concealment of a
material fact;
(3)
Violation of the towing services agreement;
(4)
Chronic or repeated violations of this article;
(5)
A single violation of this article, including, but not limited to:
(a)
Running unauthorized calls;
(b)
Overcharges;
(c)
Alcohol or drug use;
(d)
Tardiness more than five times in a six-month period;
(e)
Failure to notify the Joint Towing Board with immediate changes
regarding insurance, taking on new members, owners, corporate officers
or any other changes regarding anything listed in the application;
(f)
Fraudulent acts with respect to this article;
(g)
Failure to comply with the rules and regulations of Code of
Virginia § 46.2-2820 et seq.; or
(h)
Violating any laws of the commonwealth or of Warren County that
are considered a felony or misdemeanor.
A.
Any towing operator who believes he has been unfairly treated by
law enforcement personnel may file a written complaint with the Joint
Towing Board.
B.
Any person who believes a violation of this article has occurred
may file a complaint against a towing operator. The Joint Towing Board
will provide the complainant with a complaint form to be filled out
and returned to the Joint Towing Board. The complaints shall be investigated
by the Joint Towing Board.
C.
After an investigation of the complaint, the Joint Tow Board shall
notify the complainant of the results of the investigation and any
action as a result of the complaint.
D.
The local office of the Virginia State Police shall use the towing
list on law-enforcement-requested calls in Warren County. By agreement
with the local office of the Virginia State Police, the Joint Towing
Board shall investigate towing complaints for both state and county
calls. Any imposed disciplinary action shall be binding on all law-enforcement-initiated
calls for towing service.
A.
Any law enforcement agency, upon investigation of the facts, may
recommend that a towing operator be heard by the Joint Towing Panel
for any violation of the provisions of this article.
B.
The Joint Towing Board shall provide the towing operator with written
notice of said violation. Notification of the date, time and location
of a hearing on the violation shall also be provided.
C.
The Joint Towing Board has the authority to suspend or terminate
towing operators through due process.
A.
In the event that a representative from a towing and recovery business
that sits on the Joint Towing Panel lodges a complaint against another
towing operator, said representative shall abstain from the hearing.
B.
The law enforcement personnel involved in the incident shall be responsible
for presenting the allegations against a towing operator to the Joint
Towing Panel members and may call witnesses and ask questions of any
witness.
C.
If the complainant is not present, the complaint form will be presented
to the Joint Towing Panel as the complainant's evidence/testimony.
D.
The towing operator shall be allowed an opportunity to attend the
hearing and bring any witnesses that were directly involved in the
incident where the accused towing operator was charged with a violation
of this article. The towing operator will be allowed to present evidence/testimony
supporting his/her case to the Joint Towing Panel. The towing operator
may make an opening statement, ask witnesses questions and make a
closing statement.
E.
No attorneys will be allowed to attend this administrative hearing
on behalf of a complainant or defendant.
F.
No witnesses, except for those being questioned, will be allowed
in the room during the administrative hearing.
G.
The Joint Towing Panel, after hearing evidence presented, shall render
a decision. If the accused towing operator is present, the chairman
presiding over the hearing shall immediately verbally notify the accused
of the decision. A written notification shall be prepared and sent
to the towing operator through first class postage with the U.S. Postal
Service and a copy of the decision will be sent to each law enforcement
agency. If the towing operator is not present at the conclusion of
the hearing to receive the verbal notification of the panel, the towing
operator shall waive the right to immediate notification of the decision.
H.
The decision of the Joint Towing Panel is final.
A.
The Joint Towing Board will recommend revisions to the ordinance
from which this article derives to the Warren County Board of Supervisors
and the Front Royal Town Council.
B.
All proposed revisions shall be discussed with the Joint Towing Board
and their input will be considered in each proposed revision.
C.
Revisions shall be in effect from the date on which the amendments
to the Town and County Code with identical language are adopted by
the Warren County Board of Supervisors and the Front Royal Town Council.
D.
Towing operators on the towing list shall be given written notification
of any amendments 10 days prior to the revision being adopted.