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:
Auto wrecker or automobile wrecker.
Any motor vehicle used for the purpose of towing, pushing, or otherwise transporting any motor vehicle which has been disabled in any manner, from one (1) place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle. The term “auto wrecker” or “automobile wrecker” shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towage or transportation of disabled vehicles.
Motor vehicle.
Every vehicle that is self-propelled but not operated upon rails.
No preference list.
A list of permitted auto wrecker businesses maintained on a rotation basis by the police department or by the law enforcement agency designated by the chief of police.
Nonconsensual tow.
A tow of a vehicle involved in a collision or accident which is unable to proceed safely or of a vehicle which the driver is unable to drive and the driver of which wrecked or disabled vehicle has not designated, or has been unable to designate, a wrecker company for the tow.
Permitted wrecker.
Any auto wrecker or automobile wrecker as defined herein which is owned by a wrecker business as defined herein which has received a permit that is still in effect under the terms and conditions of this article.
Person.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
Rotation.
The act of alternating the selection of the wrecker businesses on the no preference list for a nonconsensual tow by beginning with a particular wrecker business on such no preference list and continuing with all other wrecker businesses on said list in the order listed until such list is exhausted and thereafter returning to the beginning and continuing the process for selection of nonconsensual tows in the same order or succession.
Street.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Vehicle.
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Wrecker business.
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, or trade.
Wrecker driver.
Any individual who actually operates and drives any auto wrecker on the streets of the city, either on his own account or in the employ of another.
(1987 Code, sec. 24-21)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed two hundred dollars ($200.00).
(1987 Code, sec. 24-37)
No person shall stop or park a wrecker within three hundred (300) feet of the scene or site of a vehicle accident or collision while any vehicle disabled, damaged or wrecked in such accident or collision remains at such scene or site. The provisions of this section shall not apply, however, to any wrecker that:
(1) 
Has a valid permit issued for such auto wrecker by the chief of police; and
(2) 
Is called to the scene or site of an accident or collision by the police department of the city or has been given clearance by the police department to be at the scene or site of an accident or collision.
(1987 Code, sec. 24-23)
No person shall solicit in any manner, directly or indirectly, the business of towing, removing, repairing, storing, wrecking or buying any vehicle which is wrecked or disabled on a public street.
(1987 Code, sec. 24-24)
When a vehicle which has been involved in a collision or accident is unable to proceed safely, or when the driver thereof is physically unable to drive such vehicle, the police officer investigating such accident or collision shall request the driver of such vehicle to designate a wrecker company which has auto wreckers permitted under this article. When the driver has designated the wrecker company desired, the police officer shall communicate that fact immediately to the police communications officer on duty at police headquarters, or his designee, and it shall be the duty of such communications officer, or his designee, to call the designated wrecker company to send a permitted wrecker to the scene or site of such accident or collision. In the event such driver is physically unable to designate a wrecker company or refuses to designate one, the police officer investigating the accident or collision shall notify the police communications officer, or his designee, of such fact and the communications officer shall select a wrecker business from the no preference list on a rotation basis and call that wrecker company owning such wrecker to send a permitted wrecker to the scene or site of such collision or accident.
(1987 Code, sec. 24-25)
(a) 
No driver of a wrecker shall remove any wrecked, damaged or disabled vehicle which has been involved in an accident or collision from the place where such accident or collision has occurred, or attach his wrecker to such wrecked, damaged or disabled vehicle, until the police officer investigating such accident or collision shall have completed his investigation.
(b) 
It shall be the duty of the driver of each wrecker that removed a wrecked, damaged or disabled vehicle from the place where an accident or collision has occurred to clear and remove any and all debris, parts or glass accumulated as a result of the accident or collision from the street. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear and remove debris, parts or glass from the street.
(1987 Code, sec. 24-26)
All auto wreckers, before being permitted by the city, shall be provided with the following equipment, which equipment shall be adequate for the purpose for which it is designed, and shall further be kept in usable condition at all times:
(1) 
Fire extinguisher: Such fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Such fire extinguisher shall be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. The decision of the volunteer fire department’s chief with respect to the adequacy of any fire extinguisher shall be final.
(2) 
Parking flares: Such parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway.
(3) 
Tow bars: Such tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing rigid and to prevent swinging of such raised vehicle as it is being towed. When a vehicle is being towed, the tow bar shall be in place to prevent swinging. Such tow bar shall be attached to a rubber sling or such sling so constructed so as to prevent damage to a towed vehicle.
(4) 
Broom: Such broom being that piece of equipment commonly known as a shop or push broom with a head not less than twelve (12) inches in width.
(5) 
Wrecking bar: Such wrecking bar being a piece of equipment commonly used on wreckers, not less than thirty-six (36) inches in length.
(6) 
Shovel, ax and first aid kit.
(7) 
Winch and boom: Such winch being a power-operated winch line and boom with a factory-rated lifting capacity of not less than eight thousand five hundred (8,500) pounds single-line capacity or a hydraulic wheel lift with a factory-rated lifting capacity of not less than three thousand (3,000) pounds. Winch operating controls must be operable from either side of the truck or from inside the cab.
(8) 
Booster brakes and size: No wrecker shall be permitted which is less than three-quarters (3/4) ton in size and all wreckers shall be equipped with booster brakes.
(9) 
Safety chains: Such safety chains being not less than two (2), seven (7) feet in length, and having a minimum factory test strength of eight thousand (8,000) pounds.
(1987 Code, sec. 24-27; Ordinance adopting Code)
The police department may in its discretion in emergency situations only summon any wrecker for any purpose that it considers necessary for the health, safety or welfare of the citizens or property of the city or any other citizens.
(1987 Code, sec. 24-33)
Each applicant must have sufficient storage space to store wrecked, stored or disabled vehicles and provide sufficient insurance to cover the probable losses by fire or theft occurring to the stored vehicles. Proof of said insurance must be furnished to the police department before any permit under this article shall be issued.
(1987 Code, sec. 24-35)
This article shall not be applicable to persons who tow, carry or otherwise transport a vehicle which they own or a vehicle owned by another as long as the vehicle is not being towed from the scene of an accident or at a police officer’s request.
(1987 Code, sec. 24-36)
(a) 
Required.
It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker upon any public street in the city for the purpose of towing, hauling, storing or repairing vehicles from the scene of an accident or pursuant to a police officer’s request unless:
(1) 
Such auto wrecker is a permitted wrecker as defined in this article; and
(2) 
The permit under which such auto wrecker is operating was obtained from the city and was duly issued to the owner of the wrecker business to operate such auto wrecker on the street of the city under the terms and provisions of this article.
(b) 
Application.
Any owner of a wrecker business desiring to operate an auto wrecker for the purpose of towing vehicles from the scene of an accident or at a police officer’s direction in the city limits shall apply in writing for a permit to the police department, and shall state the following in his application:
(1) 
The name and address of the owner of the wrecker business. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president, secretary and registered agent.
(2) 
The number of auto wreckers the applicant desires to operate, listing the make, model, motor number and correct state license number of each auto wrecker.
(3) 
The true ownership of each auto wrecker. If not owned outright by the owner of the wrecker business, the name and address of the true owner of the auto wrecker shall be given. If the auto wrecker is operated under the terms of a contract with some other company than the owner of the auto wrecker, a copy of the contract shall also be attached.
(4) 
That the owner of the wrecker business shall obey the provisions of this article and of all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit may be revoked or suspended.
An application under this section shall be signed by the owner of the wrecker business. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such application are true and correct.
(c) 
Fee.
The fee for an auto wrecker business permit shall be one hundred seventy-five dollars and no/100 ($175.00) per year for each wrecker business permitted.
(1987 Code, sec. 24-28)
(a) 
Before any permit shall be issued under this article to any owner of a wrecker business or before any renewal of said permit shall be granted, the owner shall file with the police department a certificate showing that the owner has in 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 board of insurance, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of any wrecker for which such permit is to be issued, and providing that the amount of recovery on each wrecker shall be in limits of not less than the following sums:
(1) 
Any wrecker under twenty-six thousand (26,000) pounds or less gross vehicle weight must carry three hundred thousand dollars ($300,000.00) combined single-limit coverage;
(2) 
Any wrecker over twenty-six thousand (26,000) pounds gross vehicle weight must carry five hundred thousand dollars ($500,000.00) combined single-limit coverage.
(b) 
Each wrecker must have tow truck cargo, on-hook or similar type insurance. It is the intent of this section to provide insurance covering damage to the towed vehicle while it is in the care, custody or control of the wrecker owner for which said owner is liable. It is further the intent of this section that the insurance cover damage to the towed vehicle that is the direct or indirect result of an improper hookup.
(1) 
Each wrecker under twenty-six thousand (26,000) pounds gross vehicle weight must have cargo, on-hook or similar type insurance in an amount not less than thirty thousand dollars ($30,000.00). In lieu of this coverage, each truck may have garagekeeper’s legal liability insurance with direct coverage options in an amount not less than thirty thousand dollars ($30,000.00) to cover damage to the towed vehicle.
(2) 
Each wrecker which is more than twenty-six thousand (26,000) pounds gross vehicle weight and has a tandem axle must have tow truck cargo or on-hook insurance for the coverage of a towed vehicle in an amount not less than sixty thousand dollars ($60,000.00). In lieu of this coverage, each truck may have garagekeeper’s legal liability insurance with direct coverage options in an amount not less than sixty thousand dollars ($60,000.00) to cover damage to the towed vehicle.
(c) 
The certificate of insurance shall also specify that the policy covers the vehicle subject to the certificate of registration, and identify the vehicle by make, model, and vehicle identification number.
(d) 
Each wrecker must be insured so as to meet the requirements of all other applicable statutes in addition to meeting the insurance requirements set forth in this article.
(e) 
A wrecker permit issued under this article shall automatically be suspended upon cancellation or expiration, for whatever reason, of any insurance required by this section.
(1987 Code, sec. 24-29)
Any permit may be revoked by the chief of police upon a determination by him that:
(1) 
The owner of the wrecker for which such permit was issued or any employee or agent of such owner, or the applicant for such permit or any employee or agent of such applicant, has violated any provision of this article within the sixty (60) days immediately preceding the date of revocation; or
(2) 
The owner of the wrecker for which such permit was issued or the applicant for such permit is failing to comply and to maintain such wrecker in compliance with the requirements set forth in this article for the issuance of such permit.
(1987 Code, sec. 24-30)
(a) 
A permit issued under this article for a wrecker business shall be a personal permit to the owner of the wrecker business and shall not entitle any other person to operate such wrecker business. Any wrecker business permit may not be sold, transferred, and assigned when an auto wrecker for which the permit is issued is sold, unless such auto wrecker is sold to another wrecker business which holds a current permit to operate an auto wrecker business in the city limits as required under this article, in which case the auto wrecker sold to such permitted wrecker business shall be added to that wrecker business’s permit. A wrecker business permit may be sold, transferred and assigned when the wrecker business is sold, but such transfer must first be approved by the chief of police. Such transfer and sale shall not be approved by the chief of police unless the proposed purchaser shall qualify under the minimum standards and requirements set forth in this article.
(b) 
Whenever any owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall then file new proof of an insurance policy or certificate, from his insurer, substituting the auto wrecker covered by his permit with the other auto wrecker he desires to use in its place. The police department shall then issue the owner a supplemental permit covering the new auto wrecker and cause the description of the old auto wrecker to be canceled from the original permit. In the insurance endorsement from the insurer and supplemental permit, the old and new auto wrecker shall be described by make, model, motor number and state license number.
(1987 Code, sec. 24-31)
(a) 
It shall be unlawful for any person to use the streets of the city for the operation of an auto wrecker unless the ad valorem taxes on all property used and useful in the furnishing of an auto wrecker service shall have been first paid.
(b) 
The owner or operator of any property used and useful in the furnishing of auto wrecker service shall, on or before the first day of February of each year, furnish the police department satisfactory evidence that either all ad valorem taxes and other taxes due the city have been paid when due or that the owner or operator of any auto wrecker service is contesting said taxes. The police department shall have fifteen (15) days after filing such evidence to determine whether such evidence is true and correct, and if such investigation discloses that such taxes were not paid, the police department shall cause the owner’s permit to be suspended, canceled or revoked.
(1987 Code, sec. 24-32)