§ 8-127. SafeClear—Freeway tow agreement.

On recommendation of the mayor and approval by the city council, the chief of police may execute non-exclusive agreements on behalf of the city with any tow operator then holding a valid police-authorized tow service agreement under section 8-126 of this Code to provide towing or emergency road service on freeways in the manner and according to specifications required by this Code and described in such agreements.

Such agreements shall be in a form approved by the city attorney and shall provide, without limitation, the following:

(1)

That the tow operator shall remove wrecked or stalled vehicles from a designated segment of a freeway on a 24-hour basis and shall respond to the scene within the time designated in the agreement;

(2)

That the term of the agreement shall not exceed five years from date of execution unless terminated earlier as outlined in the agreement;

(3)

That the tow operator shall perform nonconsent tows from a freeway and remove all such vehicles to a licensed storage facility within the zone for the rate set forth in section 8-123 of this Code;

(4)

That the tow operator shall remove to the nearest place of safety a wrecked vehicle, regardless of location, or a stalled vehicle in a moving lane for the rate established under section 8-123 of this chapter;

(5)

That the tow operator shall tow a stalled vehicle located on a shoulder to a safe place off the freeway within one mile from the nearest freeway exit at the rate prescribed and subject to the conditions established in the agreement, provided, however, that if the vehicle owner is unable to pay the tow operator at the time of service, such vehicle shall be towed to the nearest licensed storage facility that is lighted and manned on a 24-hour basis, provides telephone and other access to the vehicle owner, and will not charge any storage-related fees for the first 48 hours;

(6)

That during the period each day from 10:00 p.m. to 6:00 a.m., the tow operator shall tow a stalled vehicle to a safe place in accordance with this contract. If there is no safe place, the vehicle shall be towed to the nearest licensed storage facility that is lighted and manned on a 24-hour basis, provides the vehicle owner with access to a telephone and other facilities, and will not charge any storage-related fees for the first 24 hours;

(7)

That the tow operator shall provide continuous coverage of its designated freeway segment, respond immediately to a call for assistance from a law enforcement officer, and patrol its segment as required by the agreement;

(8)

That the tow operator shall cooperate with all law enforcement and other public service employees responding to or present at a police scene;

(9)

That solicitation of business of any kind whatsoever at a police scene is prohibited;

(10)

That the tow operator shall not employ any wrecker driver who does not meet the requirements of this Code relating to towing of vehicles and any current and valid police-authorized tow service agreement;

(11)

That, except as otherwise provided in this chapter, the tow operator shall respond to a police scene with no more towing capacity than necessary, based on the number of wrecked or stalled vehicles at the scene, to minimize hazards and traffic obstructions within the time designated in the agreement and will expeditiously remove from the freeway any wrecked or stalled vehicle, debris, and other traffic impediment;

(12)

That any failure by the tow operator to timely respond to a call for assistance shall authorize an incident management supervisor or a law enforcement officer at a police scene who has determined that public emergency then exists to direct any PATSA auto wrecker to remove any wrecked or stalled vehicle, debris, or other traffic hazard or impediment;

(13)

That emergency road service shall consist of providing towing, gasoline, tire changing, or other services as designated in the agreement;

(14)

That the chief of police or his designee is authorized, upon a determination of a public emergency or when required in the interest of public safety, to direct the tow operator to direct its patrol activities to specific times and/or portions of the tow operator's freeway segment;

(15)

That the tow operator shall report any wrecked or stalled vehicle or other hazardous road condition to the police department and remain at the scene until a law enforcement officer arrives or he receives authorization to remove the hazardous condition;

(16)

That authorization to remove a wrecked or stalled vehicle shall be provided in the manner and form specified by the agreement; and

(17)

That removal of any wrecked or stalled vehicle at the direction of a law enforcement officer shall be documented on a police department vehicle disposition form.

(Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 8, 9-22-05; Ord. No. 2011-324, § 2, 5-4-2011)