§ 12.5-122. General business practices.

(a)

No wrecker shall be driven or operated in a manner as to interfere with the duties of public safety personnel who are engaged at a scene in an official capacity.

(b)

Direction of police officers shall be obeyed at all times and any licensed wrecker will promptly furnish service when requested to do so by the police in order to clear traffic and promote public safety.

(c)

It shall be unlawful for any owner or operator of a wrecker company to subcontract and/or have any connection, association, affiliation or financial interest in another wrecker company without first securing a county business license.

(d)

Each wrecker service firm shall maintain a record of each vehicle towed, including the license plate number of the vehicle, the vehicle identification number, the date and time it was towed, the location it was towed from, and the name of the person or business at whose request the vehicle was towed. The records shall be maintained on the premises of the wrecker service firm for no less than three (3) years from the date of the towing, and shall be made available to the county administrator or his/her designated representative upon reasonable notice during normal business hours.

(e)

The wrecker company shall obtain at its own expense any and all required licenses, permits and liability insurance coverage.

(f)

Each wrecker business which stores towed vehicles shall have a storage lot in close proximity to its principal place of business and located within Horry County. Adequate storage shall be no less than fifty (50) feet by one hundred (100) feet, either under cover or fenced with six-foot high chain link fencing. Fencing shall incorporate three (3) strands of barbed wire at the top of the chain link fencing. It shall be the responsibility of the applicant for insuring that stored vehicles and their contents are kept safe from pilferage and theft. These requirements are in addition to any other applicable zoning requirements. In no event, other than emergency situations, are towed vehicles to be kept or stored in a location not in full compliance with this paragraph, including but not limited to a temporary location or staging area, but rather shall be towed directly to a storage lot in full compliance with this paragraph.

(g)

At any time a vehicle is in the custody of the tow truck company, the tow truck company will permit the owner of personal property located within, but not attached to, the vehicle to remove such personal property from the vehicle without charge and without regard to any towing or storage charge owed on the vehicle. If the tow truck company has removed personal property from the vehicle, it will return it to the vehicle owner when requested without charge and without regard to any towing or storage charge owed on the vehicle. Should the tow truck operator or storage lot attendant have reasonable belief that such requested property constitutes contraband or other item(s) possession of which is unlawful, notification will be given to the appropriate law enforcement agency prior to release of the property.

(h)

Any loss, cost, damage or other expense occasioned by negligence of the wrecker company shall be the sole and entire responsibility of the wrecker company and not the county. All and total liability shall be upon the towing company from initial hook-up to a vehicle until release of said vehicle.

(i)

The wrecker company agrees to indemnify and save harmless the county, its employees, agents and assigns from suit and claims or action of every nature and description brought for, on account of, or sustained by any person or persons as a result of any act or acts of the wrecker company, its employees, agents or assigns in the performance of services.

(Ord. No. 72-09, § 1, 11-3-09; Ord. No. 96-10, § 1, 1-18-11)