10-03-06 Special Called Regular Meeting and Public Hearing

Browse Search

§ 78-326 LA PORTE CODE (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner of a vehicle is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has designated the wrecker company desired, the police officer shall communicate the fact immediately to police department headquarters, and it shall be the duty of the dispatcher receiving such information at headquarters to call the designated company, provided the company can respond to the location within 20 minutes. If the company cannot respond in the designated time, the owner shall be so informed and given an opportunity to designate another company. (d) If the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate the fact immediately to police department headquarters. The police department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker service company that complies with the provisions of this article in order that such company might be called upon for wrecker service by the police department. The police officer receiving a call at police headquarters for wrecker service shalt call the first wrecker company on the list to tow the disabled vehicle or move the vehicle from the public streets of the city. After the company at the top of the list receives a call, then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provisions of this article has received calls. The police department shall notify each wrecker company in sufficient time prior to its rendering such wrecker service in order that the company might adequately provide the necessary men and equipment to answer the calls. Specifically requested wreckers must be duly licensed by the state and able to respond to the scene within a 20-minute time frame. If they cannot respond in that time frame, the officer in charge will advise the requesting party and request a wrecker from the rotating list. (e) If a wrecker service company is requested by the police department to make a call and the company agrees to make the call, then the company shall proceed immediately to the scene where it is directed and shall be given a 20-minute time frame to reach such location. If the wrecker service company answering the call has not reached the location within 20 minutes, then the officer at the scene may proceed to call the next wrecker service company on the list, and that company shall have priority over that particular call. If the wrecker service company called fails to comply with the provisions of this article by proceeding to the designated place within the time specified in this subsection, then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. (f) This section only applies to accident scenes and not to custodial arrests. The 20-minute time frame does not apply if the officer in charge deems the situation to be too dangerous in nature to wait that period of time. (Ord. No. 1746, § 1(6-19), 2-25-91; Ord. No. 96-2136, § 1(6-18), 9-23-96) CD78:28