As used in this chapter, the following words and phrases shall have the following meanings:
“Extended service.” Any tow which required the operator to perform services beyond those required in a “normal tow.” For the purpose of this definition a normal tow is a tow where the vehicle’s wheels are on the ground and the vehicle may be readily towed.
“Heavy duty.” Involving vehicles 40,000 GVWR or heavier.
“Light duty.” Involving vehicles up to but not including 12,000 GVWR.
“Medium duty.” Involving vehicles from 12,000 up to but not including 40,000 GVWR.
“Rotation tow list.” A list maintained by the Wilmington police department containing the names of those tow operators approved by the city of Wilmington to respond to requests by the Wilmington police department dispatcher for the towing of vehicles which are disabled where the person in charge of the vehicle has no preference for any particular tow service or is unable to make such a decision. The list shall also be utilized:
(A) To tow city-owned vehicles in need of service to a location designated by the department of public works.
(B) To tow vehicles impounded by the police department for evidentiary reasons.
“Tow operator.” A person or firm engaged in the business of or offering the services of vehicle towing whereby motor vehicles are or may be towed or otherwise removed from one place to another by use of a tow truck.
“Uprighting.” Bringing a vehicle that is either overturned or on its side to the upright position to tow.
“Winching.” Bringing a vehicle that is completely off of the road surface onto the road surface for the purpose of towing. (Ord. 1596, passed 9-16-03)

Any person desiring to perform towing work at the request of the Wilmington police department shall submit an “application for rotation tow list” to the chief of police. Application forms may be obtained from the Wilmington police department. Successful applicants will be required to sign an annual service agreement with the Wilmington police department, the terms of which agreement shall run from January 1 to December 31 of the same year. No person or entity desiring to perform towing work at the request of the Wilmington police department shall be permitted to do so without such a current agreement having been entered into and on file with the Wilmington police department. Such agreements shall be in such form as may be required from time to time by the chief of police and may be executed by the chief of police on behalf of the city and the Wilmington police department. (Ord. 1596, passed 9-16-03; Am. Ord. 1608, passed 12-2-03)

Within 30 days after receiving an application for rotation tow list, the police department shall conduct an investigation to determine the truth and accuracy of the information contained in said application. The police department shall also check to determine whether the location(s) meet all applicable code requirements, and to ascertain that the storage lot area satisfies the minimum-security requirements of the Wilmington police department.
Additionally, towing equipment shall be inspected and if the tow operator is placed on the rotation tow list, the equipment will be inspected in connection with the renewal of the required annual towing service agreement. Upon completion of the investigation, the tow operator will either be placed on the rotation tow list or notified in writing that the application is disapproved and state the reasons for such disapproval. No tow operator’s application shall be disapproved unless:
(A) The applicant has knowingly furnished false or misleading information, or withheld relevant information on the application.
(B) The applicant does not and will not acquire insurance as required by Section 128.04 of this chapter.
(C) The location(s) and premises where the applicant will conduct his business fails to meet the requirements of any applicable city ordinance or law of the state of Illinois or the requirements of Section 128.13 of this chapter.
(D) The applicant or any of its owners have been permanently removed from the rotational tow list for cause pursuant to Section 128.09 of this chapter.
(E) The applicant fails to qualify under Section 128.14 of this chapter, or proposes to employ a tow truck operator who does not qualify under Section 128.14 of this chapter.
(F) At any time the towing equipment does not meet the standards required by the city for towing pursuant to this chapter. (Ord. 1596, passed 9-16-03)

The tow service shall maintain, at its cost, general liability insurance coverage for the use and operation of all tow trucks owned and operated by such service truck(s) of $250,000 per person, $500,000 per occurrence. The tow service shall cause the city to be named an additional insured under all such policies. The tow service shall deliver evidence of such insurance to the city prior to being placed on the rotation tow list in the form of a certificate of insurance. Such policies shall not be cancelled or subject to material change without at least 30 days’ written notice thereof to the Wilmington police department and/or the city of Wilmington. All insurance policies shall cover the operator, its carriers, agents and subcontractors. In addition, the tow service shall keep in full force at all times during the life of the agreement, insurance coverage meeting minimum requirements as follows:
(A) Comprehensive general liability. Must include the following industry standard forms of insurance:
(1) Premises/operation coverage.
(2) Products and completed operations coverage.
(3) $500,000 combined single limit, or $500,000 bodily injury and $250,000 property damage.
(B) Comprehensive auto liability. Must include the following endorsements:
(1) All owned autos, hired-car coverage, and employers’ non-owned auto coverage.
(2) The policy shall not contain a radius restriction of less than 50 miles.
(3) $50,000 on hook and/or on truck bed liability.
(C) Garage keepers’ legal liability or motor truck cargo. The vendor shall provide coverage for the vehicles in their custody. Either a motor truck cargo policy, listing all storage lots as terminal locations, or garage keepers’ legal liability policy shall be required. The minimum amount of coverage shall be no less than $50,000.
(D) Workers’ compensation and employers’ liability. Statutory limits for workmen’s compensation and a $100,000 employers’ liability limit except in the cases of the self-employed.
Each vendor shall supply the city with a certificate of insurance which indicates coverage for the above-mentioned minimum insurance requirements, which carries the provision that said insurance shall not be cancelled without giving the Wilmington police department and/or the city of Wilmington at least 30 days’ notice of cancellation or material change. The certificate of insurance shall also name the city as additional insured. (Ord. 1596, passed 9-16-03; Am. Ord. 1608, passed 12-2-03)

(A) The tow operator is responsible for providing a secured lot where the vehicles are stored, with an office at the location and staffed during reasonable business hours. The storage lot shall be located within 10 miles of the city limits of the city of Wilmington.
(B) All tow trucks shall be equipped with warning lights and all other equipment required by state law, including one or more brooms and shovels, antifreeze, oil-dry chemical, one or more trash cans at least 18 inches in height, and one fire extinguisher of a dry chemical or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory qualified by the division of fire prevention for this purpose; and have working two-way communication equipment on the same commercial frequency as the base station located at the point where calls are received. All tow trucks shall be equipped to safely transport motorcycles.
(C) Each tow operator shall provide 24-hour-per-day service each day of the year. There shall be an attendant or answering service on duty at all times for the purpose of receiving calls and there shall be a person on call at all times for the purpose of releasing stored vehicles or for receiving vehicles.
(D) The tow operator shall sign an agreement as approved by the city from time to time to indemnify and save the city harmless from any liability for damages sustained by vehicles being towed or stored and for all personal injuries occurring to any of the firms, employees or other persons and shall maintain the required insurance policies. (Ord. 1596, passed 9-16-03)

Collection of towing and storage charges from the owner or driver of the towed vehicles shall be the sole responsibility of the tow operator or his employee. The city and the police department will not be responsible for nor assist in the collection of such fees.
The city will only be responsible for towing fees for city owned vehicles. The city will not pay for the storage of abandoned vehicles, but will make every attempt to ascertain the owner of the vehicle for prompt claim, sale or other disposition pursuant to this code and the Illinois Compiled Statutes, 625 ILCS 5/4-201 et seq., as amended. The Wilmington police department will provide in a timely manner, a certificate of purchase if the vehicle is a police tow.
Tow operators shall maintain complete records and a system of releasing vehicles which assures that vehicles are released only to the rightful owner or authorized person. All records involving towing from the rotation tow list shall be open to the Wilmington police department for inspection during normal business hours or at such time as there is existing a dispute concerning the amount or validity of any towing or storage charges. (Ord. 1596, passed 9-16-03)

The police department shall insure that tow trucks on the rotation tow list are called in rotation as far as is practicable, with such rotation being conducted tow by tow, on an operator by operator basis; such that the Wilmington police department shall initially select a tow operator to be the primary or first response tow service provider for each tow, and thereafter shall in such manner and in such order as it deems appropriate, select a different tow service provider to be the primary or first response tow service provider, until such time as all qualified tow service providers have been given an opportunity to serve as the primary or first response tow service provider. The police department shall not, except upon request of the owner, operator or person legitimately in possession of the vehicle to be serviced, call any tow truck not on the rotation tow list unless all such tow trucks are unavailable. It is specifically permitted for the police department to call a tow truck out of sequence in a life-threatening emergency where there is an urgent need for services of a tow truck in the proximity to the location or estimated response time makes it more practical to do so. Notwithstanding the aforesaid rotation system, all tow service providers shall be on-call on a 24-hour, seven day per week basis to render tow services as required by the Wilmington police department. (Ord. 1596, passed 9-16-03)

A separate rotation tow list of tow trucks capable of towing semi-tractor trailer vehicles or comparably sized vehicles shall be maintained, but the provision of such services shall be at the reasonable discretion of the Wilmington police department in light of the specialized nature and limited availability of such services. (Ord. 1596, passed 9-16-03)

(A) The chief of police may remove any tow operator temporarily or permanently from the rotation tow list when he finds:
(1) Placement on the list was secured by fraud or concealment of a material fact, which if known would have caused disapproval of the application;
(2) The tow operator or any person employed by such operator has been convicted of any violation of the provisions of this chapter, any law of the state of Illinois pertaining to the provision of tow services, the operation, ownership, or theft of motor vehicles, consumption of alcohol or the use or possession of any controlled substance or any applicable ordinance of the city, or of any law of any state where such conviction is for a felony offense.
(3) The service provided by the tow operator has been substantially inadequate, which shall include but not be limited to, failing to be available for or not accepting calls, slow response time, excessive damage claims, repeated complaints from citizens or inadequate towing equipment.
(B) If the removal of the tow operator from the rotation tow list is temporary, such temporary removal shall not be for more than 30 days at any one time.
(C) Pending suspension/removal. If the chief of police determines the alleged offense does not constitute an immediate threat to the health, safety or welfare of the public, the police chief shall provide the tow operator with written notice at least 15 days prior to the effective date of the temporary or permanent removal by delivering said notice to the tow operator’s place of business. Said written notice shall include: (1) the effective date of the removal; (2) whether the removal is temporary or permanent; (3) the allegations which form the basis of the removal and the provisions of this chapter which may be at issue therein; (4) the actions, if any, the tow operator may take to prevent the removal from occurring; and (5) the procedure which the tow operator must follow to request a hearing to appeal the removal. If a hearing is requested, the Wilmington police commission shall act as the hearing officers. The hearing shall be informal and provide both sides with the opportunity to present all evidence relevant to the removal. The hearing officer shall issue a written decision based upon a preponderance of the presented evidence within seven days of the hearing. The opinion will be sent to the tow operator’s business address with a copy retained in the tow operator’s application file at the police department. The city or the tow operator may contest the decision of the hearing officer in any manner provided by law.
(D) Immediate suspension/removal. If the chief of police determines that a tow operator presents an immediate threat to the health, safety or welfare of the community or if the tow operator has not provided proof of valid insurance in the amounts required in Section 128.04, the chief of police may request that the Wilmington police commission remove the tow operator from the tow rotation list prior to any hearing. If the Wilmington police commission finds just cause, they shall provide written notification to the tow operator that the tow operator is being removed from the tow rotation list immediately. Said written notice shall be delivered to the tow operator’s place of business on the first day the removal is effective, and shall state: (1) that the removal is effective immediately; (2) whether the removal is temporary or permanent; (3) the allegations which form the basis of the removal; and (4) the procedure which the tow operator must follow to request a hearing to appeal the removal. If a hearing is requested, the Wilmington police commission shall act as the hearing officer. The hearing(s) shall be informal and provide both sides with the opportunity to present all evidence relevant to the removal. The hearing officer shall issue a written decision based upon a preponderance and shall notify the police department, so that towing privileges may be reinstated as soon as possible when the decision is favorable. The city or the tow operator may contest the decision of the hearing officer in any manner provided by law.
(E) Method of requesting hearing. A tow operator must request a hearing by (1) delivering a written request therefor to the police chief’s office within 10 days of receiving a notice of removal; and (2) scheduling a hearing. The Wilmington police commission must provide a time for the hearing that is within 72 hours of the receipt of the request, provided there is one complete business day within the 72-hour time period. If there is no complete city business day in the 72-hour period, the hearing shall be held on the first city business day after the 72-hour time period. If the tow operator is unavailable at the time provided by the city, the city shall not be bound by the 72-hour time period and the removal will not be stayed. If the city is unable to provide a hearing time within the applicable time period, all action on the removal shall be stayed until the hearing. (Ord. 1596, passed 9-16-03)

The following schedule of maximum fees shall be in effect for all tows received off the rotation tow list:

Every tow truck performing towing services pursuant to this chapter shall have a placard describing available rates and services posted in the cab of the vehicle at all times. Where special or unusual circumstances require an exceptional amount of extra work or equipment, a higher fee may be charged; provided that the owner or operator of the vehicle to be serviced is informed of the additional fee in advance, if such person is available to be notified. Charges for rotation tow services shall be on invoice forms, which shall include the above rate structure. (Ord. 1596, passed 9-16-03)

No tow operator may respond to the scene of an accident or emergency for the purpose of towing vehicles unless called there by the Wilmington police department or persons involved in the accident or emergency. Tow operators responding to an accident or emergency at the request of a person other than a police officer, must record the name and address of the person and make such information available to the Wilmington police department upon request.
This section is intended only to prohibit the soliciting of business at the scene of accidents and emergencies, and shall not be construed to prohibit any tow operator from contracting with any person, firm or corporation; provided, that the tow operator, his agents and employees do not solicit tow contracts at the scene of accidents or emergencies. (Ord. 1596, passed 9-16-03)

(A) Every tow operator or driver of a tow truck shall remove or cause to be removed all glass and debris deposited on any street or highway by the disabled vehicle being serviced and shall in addition, spread oil-dry upon that portion of any street or highway where oil or grease has been deposited by the disabled vehicle being serviced.
(B) No tow operator or driver of a tow truck shall respond to a call for service while under the influence of intoxicants.
(C) Tow vehicles shall be taken to such location designated by the vehicle owner, driver or agent, should such person not wish to store the vehicle at the tow operator’s facility; provided, however, that vehicles towed upon the direction of the police department shall be towed to such a place as designated by the police officer in charge at the scene.
(D) When a tow operator tows a vehicle pursuant to a DUI arrest, the tow operator shall hold that vehicle in storage for 12 hours and may only then release the vehicle to the owner with a valid ID.
(E) Once notified of a tow, the tow operator will provide the police department an approximate time it will take to arrive at the scene of the tow. If a tow operator on current rotation is unable to respond to a request for service within 20 minutes of the request for service, the tow operator or his employee shall advise the police department that he is not available. The tow operator will then be removed from its current place in the rotation and placed at the end of the then current rotation list. No substitute tow truck or operator will be allowed. The police dispatcher will then call the next tow operator in the rotation. (Ord. 1596, passed 9-16-03)

Each tow operator shall maintain a secure storage lot of adequate size to store all towed vehicles safely, but in no event shall the capacity be smaller than 20 vehicles. Said lot shall be enclosed by a fence not less than six feet in height and shall have a locked gate. All storage facilities must meet all zoning and fire ordinances and restrictions. When instructed by the police department, a vehicle in storage must be secured from tampering. The operator shall store said vehicle so that it is not accessible to any person except upon specific approval of the tow operator or his agent. A clearance of 24 inches must be maintained around all vehicles received from the rotation tow list calls. (Ord. 1596, passed 9-16-03)

No person who has been convicted (1) under the law of this State or any other state of an offense which under the laws of the state of Illinois would be a felony theft of a vehicle or of any felony arising under the Illinois Vehicle Code or analogous law of any other state, (2) under the law of this state or any other state of any violation involving as an element thereof the use of alcohol or controlled substances, or (3) of the violation of any applicable ordinances of the city, shall be approved as a tow operator to be placed on the rotation tow list, nor shall any tow operator knowingly permit such a person to operate a tow truck on the rotation tow list calls; provided, however, that a person whose last conviction was more than four years past, and who has shown evidence of rehabilitation, may be approved if otherwise eligible.
Each tow operator shall furnish to the police department a complete and current list of all drivers who may respond to rotation tow list calls. No driver shall be permitted to respond to any rotation tow list call unless his name, date of birth and driver’s license number have been furnished to and reviewed and approved by the police department at least five business days in advance of the time at which such driver is proposed to begin rendering tow services. (Ord. 1596, passed 9-16-03)

Any person, firm or corporation violating any provision of this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1596, passed 9-16-03)

The city reserves the right to terminate its rotation tow procedure unilaterally at anytime without any notice and without recourse. (Ord. 1596, passed 9-16-03)