(a) 
The chief of police is hereby authorized to issue tow rotation permits pursuant to this division and establish a rotation list of permit holders to provide vehicle towing and storage services upon request of police officers. The persons and entities which desire to obtain permits and be placed upon and remain on the rotation list shall comply with the requirements of all applicable state laws and administrative rules regulating tow trucks and vehicle storage facilities and this division.
(b) 
The issuance of a rotation list permit and placement on the master tow truck rotation list is a privilege, not a right. Furthermore, placement on the list does not create any property rights and does not guarantee continued placement thereon.
(c) 
All rotation list permit holders are independent contractors while acting pursuant to this section, and shall not be deemed to be, considered as, or in any way represented to be employees or agents of the city.
(Ordinance 0225, sec. I(2.1), adopted 11/10/15)
(a) 
Application for a rotation list permit and placement on the rotation list shall be made to the chief of police on a form furnished for that purpose.
(b) 
Applications must be signed by the person who owns, controls or operates the proposed vehicle tow service. Applicants shall submit proof of company ownership of the tow truck(s) or evidence of a lease under which the tow truck is to be operated. Applications will not be considered as complete and processed until all required documentation has been submitted and fees paid.
(1) 
The application must be completed in its entirety and include the following:
(A) 
The name, address and telephone number of the applicant, the trade name under which the applicant does business, and the street address and telephone number of the vehicle tow service establishment.
(B) 
The name, address and telephone number of the vehicle storage facility (VSF) where vehicles will be towed and stored at until claimed. Applicants must possess their own VSF within El Paso County or have an agreement with a VSF, in effect through the duration of the permit, which allows the applicant to use such facility, and provide a copy of such agreement.
(2) 
Copies of the following documents shall be submitted with the application:
(A) 
Assumed name certificate where applicable.
(B) 
Partnership agreement disclosing the names of all general or limited partners, if a partnership; or the articles of incorporation and a certificate from the corporate secretary setting forth names of all officers, directors and persons owning ten percent or more of the outstanding stock of the corporation.
(C) 
Proof of an insurance policy or policies which will be in full force and effect for the duration of the permit and will meet the policy requirements as outlined by the state for a tow truck and in the Vehicle Storage Facility Act, this division, and applicable state law; proof of coverage of each driver in the list of employees required herein.
(D) 
The tow truck permit for incident management towing issued by the state department of licensing and regulation.
(E) 
A list of the tow trucks operated by the business which will be authorized to respond to rotation calls for service, including the year, make, model, vehicle identification number and state license plate number, and identification as to whether the tow truck meets the definition in this division of a tow truck or heavy-duty tow truck. A copy of the cab card issued for each tow truck issued a permit by the state department of licensing and regulation shall be provided for each tow truck on the list.
(F) 
A list of each employee who is licensed by the state department of licensing and regulation.
(G) 
Current sales tax certificate.
(H) 
An indemnification and hold harmless agreement provided by the city.
(I) 
Any other information deemed necessary by the police department consistent with and for the proper administration and enforcement of the provisions of this division.
(3) 
Proof of the following shall be submitted with the application, or will be investigated by the chief of police:
(A) 
That the tow service will provide twenty-four hours a day, seven days a week, on-call service, and the telephone number(s) for that service.
(B) 
That the tow service or responding tow trucks are sited at a location(s) that is within 15 miles of the city and that it is possible for the company to meet the requirement for a response within 30 minutes.
(Ordinance 0225, sec. I(2.2), adopted 11/10/15)
The police department tow truck rotation list permit term and fees shall be as follows:
(1) 
The rotation list term shall be from January 1 through December 31 of each year; provided, however, the term of the initial list shall be from the effective date of this division through December 31, 2016.
(2) 
A permit fee in the amount set forth in the fee schedule adopted by city council shall be paid at the time the application is submitted for a permit or the renewal of a permit.
(3) 
Applications may be submitted any time during the rotation list term for the remainder of the duration of the annual term. New applicants during the term will be inserted into the rotation list alphabetically in the same manner as provided in section 4.05.064(a).
(Ordinance 0225, sec. I(2.3), adopted 11/10/15; Ordinance adopting Code)
(a) 
Each permit holder will be separately entered on the master tow rotation list for rotation purposes, with the order of placement to be in alphabetical order based on the initial of the first word of the company name, as incorporated, or the initial of the surname of the person operating the business, if not incorporated.
(b) 
Each permit holder shall, as necessary, update and maintain as current the list of the tow trucks operated by the business which have cab cards/permits issued by the state department of licensing and regulation and are authorized to respond to rotation calls for service. Only those tow trucks that are permitted and included on the permit holder’s list are authorized to respond to a rotation call. A tow company may not substitute a tow truck from a different tow company to respond.
(c) 
Once the chief of police grants a tow rotation list permit, the permit cannot be transferred or assigned.
(Ordinance 0225, sec. I(2.4), adopted 11/10/15)
(a) 
Each permit holder who has been issued a tow rotation permit and has been placed on the master rotation list by the chief of police may renew the permit each succeeding annual term so long as all the requirements of this division are met.
(b) 
The application process and fee for a renewal of a permit is the same as the initial application process and fee.
(Ordinance 0225, sec. I(2.5), adopted 11/10/15)