The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Consent tow.
(1) 
The term “consent tow” means 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.
(2) 
The term “consent tow” 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.
Motor vehicle
means every vehicle which is self-propelled.
Nonconsent tow
means any tow of a motor vehicle that is not a consent tow.
Owner
means any person who holds the legal title of a motor vehicle or who has the legal right of possession thereof, or the legal right of said vehicle.
Street
means any street, alley, public place, square or highway within the corporate limits of the city.
Vehicle
means every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rails or tracks, and shall include trailers and semitrailers.
Wrecker
means any motor vehicle used for the purpose of towing or removing disabled or wrecked vehicles.
Wrecker business
means the business of towing or removing disabled or wrecked vehicles on the public streets, regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase such disabled or wrecked vehicles.
Wrecker company
means any person engaged in the wrecker business.
Wrecker selection form
means the form for selection of wrecker companies, prepared and used as provided in section 5.11.004.
(1976 Code, sec. 8-1; 1998 Code, sec. 26-1; 2013 Code, sec. 62-54)
No person shall drive a wrecker to or near the scene or situs of an accident or collision on the streets of the city, unless such person has been called to the scene by the police department of the city, provided that when it is necessary to prevent death or bodily injury to any person involved in an accident or collision, any other person may summon a wrecker and the prohibition of this section shall be inapplicable.
(1976 Code, sec. 8-2; 1998 Code, sec. 26-2; 2013 Code, sec. 62-55)
No person shall solicit in any manner, directly or indirectly, on the streets of the city, the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing said vehicle. Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any person engaged in the wrecker business, either as owner, operator, employee or agent, on any public street in the city, at or near the scene or situs of a wreck, accident or collision within one hour after the happening of a wreck, accident or collision, shall be prima facie evidence of a solicitation in violation of this section.
(1976 Code, sec. 8-3; 1998 Code, sec. 26-3; 2013 Code, sec. 62-56)
The chief of police shall cause a wrecker selection form to be prepared which shall:
(1) 
Contain a statement by the owner of the disabled vehicle designating in blank spaces therein the wrecker company (one authorized under this article to engage in the wrecker business) which he desires to remove the disabled vehicle and the place to which he desires said vehicle removed;
(2) 
Contain a statement authorizing any police officer to call the designated wrecker company to remove the disabled vehicle;
(3) 
Contain a statement in the alternative that the owner has no preference as to a wrecker company and authorizes any police officer to call the wrecker service under contract to the city and that he desires the vehicle to be removed to the place designated by him in the blank space therein; and
(4) 
Provide space for signature of the owner of the vehicle.
(1976 Code, sec. 8-4; 1998 Code, sec. 26-4; 2013 Code, sec. 62-57)
(a) 
When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner thereof is physically unable to drive such vehicle, such officer shall request the owner to designate on a wrecker selection form the wrecker company the owner desires to remove the vehicle. Such designation by the owner shall be indicated on said form and when completed shall be signed by the owner. The police officer shall give a copy of the authorization thus made on the form to the owner and shall retain for record the original thereof. Upon leaving duty on the same day, the police officer shall place such original in a well-bound book in the police department provided for that purpose.
(b) 
When the owner has designated the wrecker company desired, the police officer shall communicate the fact immediately to police department headquarters and it shall be the duty of the officer receiving such information at headquarters to call the designated company to send a wrecker to the scene of the accident or collision.
(1976 Code, sec. 8-5; 1998 Code, sec. 26-5; 2013 Code, sec. 62-58)
In the event the owner of a disabled vehicle involved in an accident or collision fails or refuses to designate a wrecker company, or if it becomes necessary to have abandoned or untended vehicles removed from public or private property, the investigating officer shall cause the wrecker company under contract to the city for such service to be summoned to provide such service.
(1976 Code, sec. 8-6; 1998 Code, sec. 26-6; 2013 Code, sec. 62-59)
No police officer investigating or present at the scene or situs 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 service.
(1976 Code, sec. 8-10; 1998 Code, sec. 26-7; 2013 Code, sec. 62-60)
Any police officer, in the exercise of his 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 inspection or investigation to determine the cause or reason for the accident such vehicle was involved in or such vehicle’s disability or for any lawful purpose.
(1976 Code, sec. 8-12; 1998 Code, sec. 26-9; 2013 Code, sec. 62-62)
Each wrecker doing business in the city shall be marked by displaying a sign on each door with the name, address and telephone number of the wrecker service in letters at least one inch high.
(1976 Code, sec. 8-18; 1998 Code, sec. 26-10; 2013 Code, sec. 62-63)
Every owner of a tow truck that performs nonconsent tows in the city, regardless of whether the owner’s tow truck operation has a place of business in the city, as well as every owner of a tow truck that performs consent tows in the city and has a place of business within the city, shall first obtain a permit for each wrecker which shall engage in such business. It shall be unlawful to engage in the wrecker business within the city without first obtaining a permit. Such permits shall be kept in the permitted wrecker and shall be available for inspection by any city police officer.
(1976 Code, sec. 8-27; 1998 Code, sec. 26-31; 2013 Code, sec. 62-85)
Any person desiring a permit required by the provisions of this article shall file a sworn written application therefor with the city secretary, which such application shall contain the following:
(1) 
The name and address of the applicant.
(2) 
The number of wreckers proposed to be operated by the applicant.
(3) 
The address and telephone number of the business location from which the applicant will operate such wrecker business, if he secures a permit.
(4) 
The types of wrecker equipment which he proposes to place in operation.
(5) 
Whether the applicant has available space for properly accommodating and protecting all disabled motor vehicles to be removed by him from the places where they are found disabled.
(6) 
Whether the applicant desires his name to appear on the wrecker rotation list.
(7) 
Such other information as the chief of police shall find reasonably necessary to effectuate the purpose of this article and to arrive at a fair determination of whether the terms of this article have been complied with.
(1976 Code, sec. 8-28; 1998 Code, sec. 26-32; 2013 Code, sec. 62-86)
At the time the application for a permit to be issued under the provisions of this article is filed with the city secretary, the applicant shall pay to the city secretary a fee as established by the city council for each wrecker proposed to be operated in the city thereunder. Such fee shall not be returned to the applicant in the event the permit is refused.
(1976 Code, sec. 8-29; 1998 Code, sec. 26-33; 2013 Code, sec. 62-87)
Upon the filing of an application for a permit together with the required insurance and fees, the city secretary shall issue a permit to the applicant.
(1976 Code, sec. 8-30; 1998 Code, sec. 26-34; 2013 Code, sec. 62-88)
(a) 
No permit shall be issued under the provisions of this article unless the applicant therefor shall procure and keep in full force and effect a policy or policies of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the state and in the standard form approved by the state department of insurance, with the insured provisions of said policy or policies including the city as a named insured, and the coverage provision insuring the public from any loss or damage that may arise to any personal property by reason of the operation of a wrecker of such company and providing that the amount of recovery on each wrecker shall be in limits of not less than the following sums:
(1) 
For damages arising out of bodily injury or death of any one person in any one accident: $100,000.00.
(2) 
For damages arising out of bodily injury to or death of two or more persons in any one accident: $300,000.00.
(3) 
For injury to or destruction of property in any one accident: $50,000.00.
(b) 
Proof of the existence of such a policy shall be required by the city secretary prior to the issuance of any permit.
(1976 Code, sec. 8-31; 1998 Code, sec. 26-35; 2013 Code, sec. 62-89)
Each permitted wrecker company called to the scene of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the scene.
(1976 Code, sec. 8-32; 1998 Code, sec. 26-36; 2013 Code, sec. 62-90)
Permits issued under the terms and provisions of this article shall expire on December 31 of the calendar year of issuance.
(1976 Code, sec. 8-40; 1998 Code, sec. 26-37; 2013 Code, sec. 62-91)
The city council shall revoke any permit issued under the provisions of this article when it finds any of the following:
(1) 
The permit was procured by fraudulent conduct or false statement of a material fact, either in the written application or at the hearing before the chief of police on the application.
(2) 
The permit holder has violated any applicable provision of this code, state law or city ordinance, rule or regulation.
(1976 Code, sec. 8-41; 1998 Code, sec. 26-38; 2013 Code, sec. 62-92)