This chapter shall be known and may be cited
as the "Tow Truck Ordinance." Further, this chapter shall apply to
those towers doing business for and on behalf of the Town of Wallingford
Police Department on the Police Department Rotation List. Nothing
in this chapter shall be construed as affecting the servicing or repair
of any bus or commercial carriers which are normally serviced by their
own specially equipped tow vehicles.
No tower shall be placed on the police rotation
list of approved towers for the Town Police Department without first
filing an application and obtaining approval as hereinafter provided
from the Chief of Police, subject to the provisions contained herein
and the regulations adopted hereunder. Towers may be subject to inspections
to verify ongoing compliance with this chapter and the regulations
hereunder.
Applications for inclusion on the police rotation
list shall be made upon forms prepared and made available by the Police
Department and shall include such information deemed necessary by
the Chief of Police, including but not limited to: a notarized agreement
wherein the tower shall agree to protect, indemnify and save harmless
the Town of Wallingford, its servants, agents and employees of and
from any and all liability or claims of liability, expense damages,
causes of action, suits, claims or judgments on the part of anyone
growing out of any act or omission by said tower or of any performance
of duties or obligations by said towers; and an insurance policy(s)
as further specified under the regulations.
All persons issued approval pursuant to §
207-5 hereof shall be required to display, at all times, at the tower's place of business, a notice related to its towing privilege, and the town's fee structure, together with any information deemed necessary and in a format specified by the Chief of Police in the Towing Regulations.
The Chief of Police shall revoke a tower's approval
and suspend or remove such a person from the tow rotation list whenever
he finds that the rules and regulations promulgated hereunder have
been violated. The Chief of Police shall prescribe a suspension and
revocation procedure in the regulations. If the ownership of the towing
business changes, the approval automatically expires. The approval
shall not expire if the tower maintains ownership of the business
and solely changes the structure of the business (i.e., corporation).
If the Chief of Police removes a tower from
the list, the tower may appeal the decision to the hearing officer(s)
appointed to hear parking violation appeals within 14 days of the
decision. The hearing officer shall hear the appeal within a reasonable
time, but not to exceed 90 days. While the appeal is pending, the
tower shall remain indefinitely suspended. The decision of the hearing
officer(s) may be appealed by either party to the Town Council within
14 days of the decision of the hearing officer(s). The Town Council
must hear the appeal within 30 days. While the appeal is pending,
the tower shall remain indefinitely suspended. The decision of the
Town Council is final and shall be binding on all parties.
The Chief of Police shall have the power to:
A. Set fees for towing and storage for violations of
the Town Parking Ordinance, subject to approval by the Town Council.
B. Permit persons the right to request their own tower
subject to the section of the rules and regulations applicable to
such circumstances.
C. Establish separate towing lists for regular and heavy
duty towing services as defined in the regulations.
D. Rotate towing services among the towers on the towers
rotation list consistent with the capacity and capability of each
tower, the needs of the town, the legal concerns, needs and efficiency
of the Police Department and the protection of the public, and may
design and use a rotation system for assigning specific types of towing
work on behalf of the town, with the exception of police vehicles
and vehicles seized or impounded for investigatory purposes, which
may be put out to bid by the Police Department or assigned to a particular
tower in accordance with this chapter and regulations relating thereto.
E. When deemed necessary, may assign a particular tower
to a particular assignment; if a particular tower is assigned a tow
out of rotation (with the exception of owner's request, police vehicles
or vehicles seized or impounded for investigatory purposes), the tower
so summoned shall be considered to have utilized his/her next rotation
call.
F. Designate a police supervisor to assist in the administration
of this chapter and its rules and regulations.
G. The Chief of Police shall, subject to Town Council
approval, prepare and enforce reasonable rules and regulations for
towers which may be changed from time to time as deemed necessary
and may include, but not be limited to, regulations governing qualifications,
approval, performance, suspension and removal of any tower.
Nothing contained herein or in the regulations
made hereunder shall create anything other than a vendor-vendee relationship
between the Police Department and the tower. No contractual relationship
is created or intended by this chapter and/or its regulations.
It shall be unlawful for any tower with or without
said required approval to go to any scene of an accident with the
intent to solicit repair or tow work. Any tower who violates this
section shall be subject to a fine not to exceed $100.