For the purpose of this article, the following terms and their derivations shall have the meaning given herein. The word “shall” is mandatory and not merely directory.
Accident.
Any occurrence that renders a vehicle wrecked or disabled.
Consent tow.
Any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.
Disabled vehicle.
A vehicle that has been rendered unsafe to be driven as the result of some occurrence other than a wreck, including but not limited to mechanical failure or breakdowns, fire, vandalism, or a vehicle that is in safe driving condition but the owner is not present, able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker.
Nonconsent tow.
Any tow of a motor vehicle that is not a consent tow.
Owner.
Any person who holds the legal title of a vehicle or who has the right of possession thereof, or the legal right of control of a vehicle.
Person.
Any company, partnership, corporation, or individual.
Vehicle.
Every device in or by which any person or property is or may be transported or drawn upon a street, roadway, or thoroughfare, except devices used exclusively upon stationary rails or tracks. The term shall also include trailers and semi-trailers.
Wrecked vehicle.
A vehicle that has been damaged as a result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker.
Wrecker.
A vehicle designed to be used primarily for moving or towing disabled or wrecked vehicles.
Wrecker company.
Any person engaged in the wrecker business.
Wrecker service.
The business of towing or removing disabled or wrecked vehicles from the streets at the request of the police department or the city.
(2003 Code, sec. 4.901)
(a) 
Required; term.
No person may engage in nonconsent tows within the city without first being under contract. Every person desiring to provide such towing or wrecker service within the city may complete a contract to operate as an authorized wrecker service company. Each wrecker service company interested in submitting a contract to the city shall obtain a contract form from the city police department. Contracts will be submitted every October; they then will be renewed, rejected, or authorized and, if renewed or authorized, will go into effect the following January for a one-calendar-year term. Contracts will not be accepted January through September.
(b) 
Appeals.
If the city refuses to accept a contract or renewal, or suspends or revokes any contract, an appeal may be filed with the city manager. The contractor shall have five (5) business days in which to file an appeal of termination perfected by a letter to the city manager. If no appeal is filed within five (5) business days of the notification, termination shall become final upon the date specified in the termination notice. Upon a timely filed appeal notice with the city manager, a hearing shall be held to determine if the termination is appropriate. At least ten days’ notice of the hearing date shall be given to the appellant. Based on the hearing of the appeal and the facts relative thereto, the city manager will either sustain or reverse the decision, and then the decision shall be final.
(2003 Code, secs. 4.902, 4.903)
No person may drive a wrecker, permitted or not permitted, to the scene of an accident on the streets of the city unless the person has been called to the scene by the police or by the owner with permission of the police department, or is acting in the official capacity as a city representative.
(2003 Code, sec. 4.904)
No police officer investigating or present at the scene or site of any wreck, accident, or collision on a public street shall directly or indirectly, either by word, gesture, sign, or otherwise, recommend to any person the name of any particular person engaged in the wrecker service or repair business; nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair business; nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair service. Provided, however, any police officer, in the exercise of his/her discretion as a police officer, may direct that any vehicle shall be taken by the driver of the wrecker towing the vehicle directly to the city pound and there held by the city for any lawful purpose.
(2003 Code, sec. 4.905)
Any wrecker service permitted or contracted by or in the city, or responding to any call for wrecker service initiated by the city, shall reimburse the city as specified in appendix A of this code for each vehicle sold through auction which receives an auction sales receipt. The wrecker service may keep all other proceeds from the sale of an auctioned vehicle.
(Ordinance 12-03, sec. 31, adopted 2/21/12)
A person may not charge or attempt to charge a fee related to nonconsent tows under this article:
(1) 
In excess of the fee established by ordinance or city contract;
(2) 
For a service not performed or equipment not used; or
(3) 
That is not authorized by ordinance or city contract.
(2003 Code, sec. 4.907)