§ 27-13. Eligibility of inclusion on service lists.

(a)

All wrecker service businesses within the city shall be eligible for inclusion on the wrecker service list provided said business meets all of the following requirements and conditions:

(1)

All wrecker services must submit a written application in form and format approved by the city manager, and must have a valid business license issued by the city.

(2)

Each wrecker service shall pay to the city an annual administrative fee to offset the costs incurred by personnel of the city police department in the administration of this article. This administrative fee shall be adjusted annually thereafter by the city manager based upon the time and costs incurred by personnel of the city police department in the administration of the rotational wrecker system.

(3)

All wrecker services must provide twenty-four (24) hour service, seven (7) days per week, and shall respond to all emergency calls within twenty (20) minutes or less. In addition, each wrecker service must have a local telephone number to handle emergency calls on a twenty-four (24) hour basis.

(4)

All wrecker services must be independently owned, have their own storage facility within the city if first-licensed on or after the effective date of the ordinance from which this section is derived, and be operated from one (1) location. Independently owned and operated means that no body shop, repair, or auto storage facility shall have an ownership interest in more than one (1) wrecker service on the city's list. No wrecker service shall be included on the list until its service application has been submitted and approved by the city manager or his designee, and the annual service fee has been paid. All wrecker services shall notify the city of any changes in the information on the wrecker service application. All wrecker businesses submitting applications for inclusion on the service list are, by virtue of submission of an application, deemed to have agreed and be bound by the terms thereof. Each wrecker service must have a minimum weight limit of one (1) ton, be equipped with a motor-driven winch and wheel lifts and otherwise meet standard wrecker specifications as may hereafter be determined by the city manager from time to time. Each wrecker service must be capable of towing imported vehicles not designed to be towed by conventional methods, and all drivers/operators must be familiar with the recommendations of various manufacturers regarding towing of that particular manufacturer's vehicle. In addition, the wrecker must be equipped with one (1) ABC fire extinguisher, safety chains, broom and shovel. Each wrecker service is responsible for cleaning all debris from streets, and property disposing of same when called to the scene of an accident, and must have some type of material to absorb spillage of liquids from wrecked vehicles on city streets.

(5)

Each wrecker service must provide a copy of its "for hire" I.D. card issued through the Kentucky Department of Transportation, Division of Motor Carriers. The name and D.O.T. numbers must be permanently painted on wrecker vehicles.

(6)

All wrecker services responding to nonpreference calls under section 27-15 shall not charge the owner or other person responsible for the wrecked, abandoned or illegally parked vehicle to be towed, an amount in excess of the charge or charges approved by the city manager, for the specific services rendered; provided however, the city manager, upon written petition by an aggrieved wrecker service provider may, upon a finding of exigent circumstances, authorize the imposition of fees by that provider, in excess of the approved fee schedule.

Customers shall be billed on forms approved by the city manager. Copies of each month's bills for services initiated from the police department nonpreference list shall be sent to the city police department traffic unit supervisor. Copies of all bills received each month shall be submitted to the traffic unit supervisor no later than the tenth day of the following month.

(7)

Wreckers shall not be parked on public streets in any residential zone within the city.

(8)

Each wrecker service shall have personnel available during reasonable business hours, to provide information to the city and vehicle owners, owner's agent, or representative concerning the transportation or storage of a towed motor vehicle.

(9)

Each wrecker service shall be responsible for all losses, theft, or damages to vehicles from the time they are towed until the vehicle is released to the owner, a dealership, auto repair, or storage facility.

(10)

Each wrecker service must furnish an adequate record system for all motor vehicles and property towed and stored, and adequate storage for all personal property removed therefrom. Such records shall contain information including, but not limited to, a log indicating vehicle description (make, model, VIN number, color, etc.), license number, any personal property in the vehicle, along with the date and time of towing and release.

(11)

Each wrecker service shall employ only those operators holding a valid Kentucky operator's license without conditions or restrictions that would impair the driver's ability to operate wrecker equipment.

(12)

Each wrecker service must provide the city manager, or its designee, with certificates of insurance insuring said wrecker service against theft, vandalism, personal injury, damages or other casualty losses in amounts and on such terms as are administratively required by the city manager.

(b)

Inclusion of wrecker services on service lists shall not be construed as an employment or contractual relationship between the city and said business or facility, and the city assumes no liability by virtue of this article, for damages claimed by vehicle owners, or any and all other persons who may present a claim for damages against the city in connection with the towing, repair and/or storage of a motor vehicle.

(Ord. No. 36-93, § 4, 8-3-93; Ord. No. 34-2001, § 2, 7-3-2001; Ord. No. 47-2005, § 1, 12-20-2005; Ord. No. 9-2014, § 3, 4-1-2014)