[Ord. No. 1519, 6-17-2020[1]]
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 or his/her designee 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.
[Ord. No. 1519, 6-17-2020]
A.
Any
person seeking approval to be authorized and listed as eligible to
respond to requests for towing service by the Police Department shall:
1.
Exclusive of legal holidays, be open and have a representative actually
on the premises of the location or area where towed vehicle are stored
or kept from 8:00 a.m. to 5:30 p.m., Monday through Friday.
2.
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.
3.
Provide wrecker and towing service on a twenty-four (24) hour, seven
(7) day a week basis.
4.
Have properly zoned adequate storage facilities in the City or within
five (5) miles of the City in Kansas. Outside storage areas shall
be fenced with at least six (6) foot high chain link fence.
5.
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.
6.
Have available at least one (1) sixteen (16) ton capacity wrecker
(a Holmes 600 or its equivalent) or wrecker vehicle with greater capacity.
7.
Handle and tow abandoned vehicles in proportion to the number of
tow requests received from the Police Department for damaged or disabled
vehicles.
[Ord. No. 1519, 6-17-2020]
A.
Each
towing and wrecking service must provide the City of proof of the
following insurance protection:
1.
Commercial General Liability OR Garage Liability: Protection limits
of at least five hundred thousand dollars ($500,000.00) combined single
limits, bodily injury and property damage including products and completed
operations.
2.
Business Automotive Liability: Protection limits of at least five
hundred thousand dollars ($500,000.00) combined single limits, bodily
injury and property damage. Policy must include one (1) of the following:
3.
Garage-Keepers Legal Liability Coverage: Protection limits of at
least seventy-five thousand dollars ($75,000.00) per garage location.
4.
On-Hook/Cargo: Protection limits of at least fifty thousand dollars
($50,000.00).
5.
Workers' Compensation: Protection against all claims under applicable
State workers' compensation laws. The tow company shall also be protected
against claims for injury, disease or death of employees which, for
any reason, may not fall within the provisions of workers' compensation
law. The policy limits shall not be less than the following:
6.
Proof of insurance must be furnished on standard Acord© certificate
of insurance forms. The City is to be named as an additional insured
on all required insuring agreements, with the exception of workers'
compensation.
[Ord. No. 1519, 6-17-2020]
A.
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.
B.
The provisions of Subsection (A) shall not apply to personal medical supplies or essential items. Such items shall be released to the owner thereof upon request. This provision shall not apply if the vehicle or contents are being held for any other lawful purpose, including, but not limited to, being held or ceased as evidence.
[Ord. No. 1519, 6-17-2020]
The Chief of Police or his/her designee shall establish and
enforce the rules and regulations for wrecker and towing services
subject to the provisions of this Chapter.
[Ord. No. 1519, 6-17-2020]
A.
The
Chief of Police or his/her designee 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.
B.
Grounds
for suspension or revocation, include, but shall not be limited to,
the following:
1.
Obtaining the approval and authority by fraudulent conduct or false
statements;
2.
Violating the fee and charge schedule established by the Governing
Body by overcharge;
3.
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;
4.
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;
5.
Failure to comply with any rules or regulations governing towing
series established by the Chief of Police.
