§ 25-15. Police wrecker rotation lists.

(a)

The Fort Stockton Police Department shall establish and maintain Class I and Class II wrecker rotation lists. Towing companies upon such lists shall be positioned in an alternated basis with one (1) position for each qualified towing company. A towing company is qualified to be listed upon the Class I list if:

(1)

At least one (1) certified wrecker of at least twenty-six thousand (26,000) pounds or less gross vehicle weight is maintained ready for use.

(2)

A twenty-four-hour service response from towing company with continuous phone service is maintained seven (7) days a week.

(3)

A vehicle storage facility with a capacity of at least twenty (20) automobiles upon a single site is maintained within one (1) mile of the city's police jurisdiction. The vehicle storage facility must be in compliance with V.T.C.A. Occupations Code, Ch. 2303.

A towing company is qualified to be listed upon the Class II list if in addition to meeting the requirements of subparagraphs (a)(2) and (a)(3) of this section, at least one (1) certified wrecker of at least twenty-six thousand (26,000) pounds or more gross vehicle weight rating and is maintained ready for use.

(b)

When the police officer investigating a collision determines that any vehicle involved in such collision is unable to safely proceed under its own power, or when the police officer determines that the driver of a vehicle involved in a collision is unable to safely move the vehicle to a location where it will not create a traffic hazard, the officer shall request the driver to designate a licensed incident management towing company that he desires to have remove the vehicle. When such designation has been made and the requested towing company is authorized to tow in the city, the officer shall communicate the designation to the police department, which shall cause the designated party to be called and directed to the scene of the collision. If the designated wrecker is not authorized, or cannot have a tow truck at the scene of the collision within thirty (30) minutes from the time the police dispatcher has notified the towing company of the request, the requestor will be notified and asked to request an alternate.

(c)

If the vehicle owner or operator of a vehicle involved in a collision which must be removed by wrecker is unable, fails or refuses to designate a licensed incident management towing company that he desires to have move the vehicle, the officer shall notify the police dispatcher, who shall call the towing company on call on the appropriate wrecker rotation list to remove the damaged vehicle.

(d)

Failure of the towing company called to respond with an appropriate class wrecker at the scene of the collision within thirty (30) minutes of notification without justification acceptable to the police department shall cause the permit holder to forfeit that call to the next towing company upon the appropriate wrecker rotation list. Failure to respond three (3) times during a month without justification acceptable to the police department shall cause for the towing company to be removed from the rotation list for a period of one (1) month. A towing company which has been passed over two (2) times within a one-year period shall be removed from the list for a period of three (3) months upon the next occurrence of two (2) failures to respond.

(e)

It shall be unlawful for a police officer at the scene of a collision to directly or indirectly recommend to any person the name of any towing company or to influence or attempt to influence in any manner the decision of any person choosing or selecting a wrecker.

(f)

A towing company desiring to be placed upon any wrecker rotation list shall be required to make written application to the police chief of the city and shall execute an agreement to hold the City of Fort Stockton harmless from any claims arising from performance of wrecker services in connection with such listing upon a wrecker rotation list.

(g)

In the event that the police officer initiates the tow of a vehicle without the knowledge of the owner of the vehicle, the police department shall as soon as possible attempt to determine the owner of such vehicle and notify such person by the fastest available means of the impoundment of the vehicle.

(Ord. No. 14-100, 2-24-14)