[Code 1987; CC 2000 §14-701]
Any person, firm, partnership or corporation desiring to perform wrecker or towing service for the City Police Department shall first be approved by the Chief of Police before being added to the list of companies authorized to respond for wrecker or towing service requests by the Police Department on a rotation basis.
[Code 1987; CC 2000 §14-702]
Any person seeking approval to be authorized and listed as eligible to respond to requests for towing service by the Police Department shall:
Exclusive of legal holidays, be open and have a representative actually on the premises of the location or area where towed vehicles are stored or kept from 8:00 A.M. to 5:30 P.M. Monday through Friday.
Post in a conspicuous place a sign at the front of his/her business stating the business name and a telephone number where information can be obtained about any vehicle towed or stored by the business.
Provide wrecker and towing service on a twenty-four (24) hour, seven (7) day a week basis.
Have properly zoned adequate storage facilities in the City or within five (5) miles of the City in Johnson County. Outside storage areas shall be fenced with at least six (6) foot high chain link fence.
Have available storage area which is totally enclosed within a building for the protection and security of recovered stolen property to be processed and valuable property left in vehicles.
Have available at least one (1) sixteen (16) ton capacity wrecker (a Holmes 600 or its equivalent) or wrecker vehicle with greater capacity.
Handle and tow abandoned vehicles in proportion to the number of tow requests received from the Police Department for damaged or disabled vehicles.
[Code 1997; CC 2000 §14-703]
Each towing and wrecker service shall provide the City with proof of adequate insurance coverage under the following policies:
A garage keeper's legal liability policy covering fire, theft, windstorm, vandalism and explosion in the amount of sixty thousand dollars ($60,000.00) with each vehicle suffering damage being deemed a separate claim.
A garage liability policy covering the operation of the owner's business, equipment or other vehicles for any bodily injury or property damage in the minimum amount of three hundred thousand dollars ($300,000.00) for the death or injury of any one (1) person, three hundred thousand dollars ($300,000.00) for the death or injury of any number of persons in any one (1) accident with each death or injury being considered a separate claim, and sixty thousand dollars ($60,000.00) for property damage in any one (1) accident.
Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A towing or wrecker service may qualify as to the insurance requirements by filing a certificate with the City Clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this Section and that such insurer will not cancel the policy except upon giving thirty (30) days' notice in writing to the City; and that the certificate shall be filed for an annual period beginning January first (1st) and ending December thirty-first (31st) of such year.
[Code 1987; CC 2000 §14-704]
All wrecker or towing services shall charge for towing and storage such fees and charges as are adopted by the Governing Body of the City by resolution. Such fees and charges shall apply only as to vehicles towed and stored in response to a request by the Police Department.
It shall be unlawful for any wrecker or towing service to charge the owner or person in charge of or possession of any towed and/or stored vehicle a second (2nd) or subsequent additional towing charge to deliver a vehicle from the wrecker or towing service's storage lot to a destination initially requested by the owner, operator, possessor or person in charge of such vehicle when the vehicle was originally towed.
[Code 1997; CC 2000 §14-705]
Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof upon request. The person in possession of such vehicle and personal property shall be responsible only for the reasonable care of such property. Any personal property within the vehicle not returned to the owner shall be sold at the auction authorized by this act.
[Code 1987; CC 2000 §14-706]
The Chief of Police shall establish and enforce the rules and regulations for wrecker or towing services subject to the provisions of this Chapter.
[Code 1987; CC 2000 §14-707]
The Chief of Police may, upon seven (7) days' written notice stating the grounds therefore, suspend or revoke the authority of any towing or wrecker service to respond to requests by the Police Department for failure to comply with the provisions of this Chapter.
Grounds for suspension or revocation include, but shall not be limited to, the following:
Obtaining the approval and authority by fraudulent conduct or false statements;
Violating the fee and charge schedule established by the Governing Body by overcharge;
Refusing to respond to requests for service by the Police Department within twenty (20) minutes or failing to answer telephone calls from the Police Department at the telephone number supplied by the business for towing services;
Responding to the scene of an accident, emergency or impoundment situation when not specifically called by the Police Department to do so and soliciting wrecker or towing business;
Failure to comply with any rules or regulations governing towing services established by the Chief of Police.
[Code 1987; CC 2000 §14-708]
Any wrecker or towing service affected by the Chief of Police may appeal such suspension or revocation to the Governing Body of the City by filing a written notice of appeal with the City Clerk within five (5) days of receipt of the notice of suspension or revocation. The filing of a notice of appeal shall stay the effect of such suspension or revocation until a hearing is held before the Governing Body at its next regular meeting.
[Code 1987; CC 2000 §14-708]
The provisions of this Chapter shall not apply when the person whose vehicle is to be towed shall indicate a preference as to which towing and wrecker service is to be utilized or when the person whose vehicle is to be towed shall request a specific towing or wrecker service.