[HISTORY: Adopted by the Town Council of the Town of East Hampton 5-23-2000
(Ord. No. 8.07). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The business of offering the services of a vehicle wrecker or towing
service whereby disabled motor vehicles are towed or otherwise removed from
the place where disabled by use of a vehicle so designed for that purpose.
Any person, firm, association, partnership, corporation, company
or organization of any kind.
A vehicle designed for the purpose of towing or otherwise removing
a disabled motor vehicle. A wrecker vehicle shall be deemed to be any vehicle
approved for that purpose and use by the State Department of Motor Vehicles.
A.
The Chief of Police shall prepare and maintain one list
of licensed wreckers who shall be eligible to provide wrecker services in
the Town at the scene of accidents or emergencies, to be called the "Town
Wrecker List."
B.
The Town Wrecker List shall include only licensed wrecker
services that meet the following criteria:
(1)
Wrecker services must have their principal place of business
within the Town of East Hampton.
(2)
Each wrecker service must be licensed or registered by
the Department of Motor Vehicles of the State of Connecticut as a new or used
car dealer or as a general repairer.
(3)
All persons operating any vehicle licensed under these
rules must be properly licensed by the State to operate such wrecker or towing
equipment.
C.
Each wrecker service shall be listed on the Town Wrecker
List in alphabetical order. Each wrecker service shall be entitled to one
place on the Town Wrecker List, irrespective of the number of vehicles owned
by it. Assignment from the Town Wrecker List shall be made on a rotation basis
as set forth in this chapter.
D.
The Chief of Police, or his designee, shall be in charge
of the administration and assignment of wreckers. He shall at all times keep
and maintain exact records of all calls and dispatches pursuant to this chapter,
which shall be available for public inspection during regular business hours.
E.
No licensee, employee or owner of a garage or a repair
shop holding a license shall go to the scene of an accident or emergency unless
dispatched to the scene by an authorized member of the Police Department or
the operator of the disabled motor vehicle.
F.
Under no circumstances shall any member of the East Hampton
Police Department solicit business at the scene of an accident or emergency
for any wrecker service.
G.
Selection and assignment of wrecker services; response
time.
(1)
When the operator or owner of any motor vehicle disabled
at the scene of an accident or emergency is present and conscious, such operator
or owner, or the agent of either of them, shall be entitled to select whatever
wrecker service he desires, and a vehicle from said wrecker company shall
be dispatched by the Police Department. Such information shall be entered
in a log maintained by the dispatcher.
(2)
When an operator or owner, or the agent of either of
them, is not present at the scene, is unconscious, or is in any way unable
to make a choice or has no preference, the dispatcher of the Police Department
shall be notified of the situation and the type of wrecker needed. Such information
shall be entered in a log maintained for that purpose by the dispatcher. The
dispatcher shall then dispatch to the scene the requisite number of wrecker
vehicles. An entry shall be made in the log reflecting the date and time,
the licensee notified, the identity of the licensee and the employee that
received the dispatch call and such additional information as the Chief of
Police shall deem necessary. Each licensee shall be called in turn in the
order in which it is listed upon the Town Wrecker List, but no more than one
wrecker vehicle shall be dispatched from each licensee at any one time.
(3)
Failure of a licensee to respond to the scene of an accident
or emergency within 20 minutes (when considered reasonable) of the time of
dispatch will be deemed to be an unreasonable delay and the next licensee
on the Town Wrecker list will be called. Each refusal to respond or unreasonable
delay shall be deemed a passed call. Accumulation of three passed calls in
any calendar year will result in automatic suspension from the Town Wrecker
List for a period of 60 days.
(4)
Whenever, in the discretion of the investigating officer
or officers, death, serious bodily injury, and/or serious traffic congestion
are likely to occur or have occurred, unless the scheduled wrecker is able
to respond immediately, a request shall be made to the dispatcher to dispatch
a vehicle from that wrecker which is able to respond immediately. The wrecker
dispatched in such an emergency shall then be placed at the end of the Town
Wrecker List.
(5)
Whenever a motor vehicle is disabled at the scene of
an accident or emergency and is owned or operated by a firm which maintains
its own towing facilities, it shall be permissible to summon the firm's
wrecker vehicle, provided such wrecker vehicle is available without unreasonable
delay.
(6)
If the garage or repair shop requested by the owner or
operator of the disabled vehicle or the agent of either of them is not open
for service or if the owner or operator, or the agent of either of them, is
unable to make a selection on account of personal disability
or absence from the scene, the vehicle will be taken to the premises of the
wrecker service called for service to await further instructions from the
owner or operator, or the agent of either of them.
(7)
In the event a garage or repair shop refuses to respond
to a rotation call for towing or otherwise removing a disabled motor vehicle,
that garage or repair shop will be placed on the bottom of the rotation list,
and the garage or repair shop that does subsequently respond to that call
on the rotation basis will not lose place on the rotation list.
(8)
No vehicle which has been involved in an accident shall
be towed from the scene by any wrecker until the accident has been thoroughly
investigated and the vehicle released for removal by an East Hampton police
officer.
(9)
Wreckers on the Town Wrecker List shall be in good repair
at all times and shall be made available for inspection by the Chief of Police
or his agent, upon request. Any wrecker not in good repair or safe operating
condition will be removed from the Town Wrecker List until corrected.
The license of each wrecker must comply with all requirements of the
General Statutes of the state and the regulations of the Department of Motor
Vehicles.
The licensee of each wrecker shall charge such rates for services rendered
under these rules as recommended by the Department of Motor Vehicles of the
state.
No wrecker shall be placed on the Town Wrecker List without first obtaining
a permit from the Chief of Police. Such permit shall be in writing and carried
upon the vehicle(s) at all times. A fee as set from time to time by the Town
Council shall be charged for the permit, which shall be valid for one year,
beginning January 1, unless sooner revoked by the Chief of Police.
Application for placement on the Town Wrecker List shall be made upon
forms to be designed by the Chief of Police and approved by the Town Manager/Town
Council, and such forms may require such information as is reasonable necessary
for the enforcement of this chapter.
A.
Policies of insurance shall be of the nature and type
and in the same amounts of coverage as are required of the Connecticut General
Statutes and the regulations of the Department of Motor Vehicles in order
that such a wrecker truck might be licensed by the state.
B.
A copy of the wrecker service's insurance shall be attached
to all applications. Said copy will be kept on file at the Police Department.
A wrecker called to the scene of an accident must remove the car regardless
of age or condition. Failure to comply will result in removal from the rotation
list for one month.
Police officers at the scene of an accident will determine if special
equipment is needed and, if so, will notify the dispatcher.
This chapter shall take effect on January 1, 2001.
