§ 12.5-127. Wrecker service rotation program.

(a)

In addition to private towing transactions, Horry County government may initiate a rotation program to accommodate towing requirements that may arise from legitimate government operations. This program will be administered by the chief of police of the Horry County Police Department or his designee, herein referred to as the "program administrator."

(b)

The program will be divided into distinct geographic zones which will be designated in such a manner as to facilitate a timely response to government initiated calls for service.

(c)

Any wrecker business in good standing may apply to the program administrator for inclusion onto the appropriate rotation list provided, however, additional operational requirements may be imposed upon those desiring to participate in the program. Wrecker businesses must be physically located within the geographic borders of Horry County and comply with all other requirements of this article.

(d)

Those businesses which subsequently fail to meet the aforementioned requirements, fail to provide prompt, efficient and reasonable service at the rates prescribed herein, or violate provisions of this article, may be removed from the rotation list by the program administrator, notwithstanding any additional actions that may be taken by the county with respect to the business's business license.

(e)

Horry County E911 will institute a call list and log in order to ensure that rotation is completed in a fair and equitable manner when duly requested by an authorized Horry County employee. In the event that a wrecker business cannot respond to a call for service with the appropriate wrecker/equipment in a timely manner, an alternate business which can so respond will be utilized, and the initial business called will be rotated as if the call had been accommodated by it. Should a wrecker business appropriately respond to a call but alternative arrangements are made subsequent to the business arriving on the scene but prior to actual hookup, the wrecker business' place on the rotation list will be restored as if no call was initiated.

(f)

In the event that a private citizen requests assistance in procuring a wrecker, the rotation list shall be utilized to accommodate said request. Nothing herein shall prohibit a county employee from attempting to satisfy a citizen's personal preference for a particular wrecker service if conditions permit.

(g)

All wrecker services included on the rotation list shall, on a monthly basis, remit a fee of five dollars ($5.00) per dispatch to Horry County as a fee to cover the administrative costs of maintaining and managing the rotation list established by this article, except in the event of a no hookup/no-tow as described in [subsection] (e) above. The fee shall be remitted to the Horry County Police Department and shall be deposited in the county's general fund. Such fee shall be paid from and out of the fee assessed against and charged to the owner or operator of the towed or stored vehicle and not in addition to any fee set forth herein. All wrecker service firms doing business with Horry County shall permit the auditing of their financial documents by an auditor designated by the county administrator or his/her designee at any time during normal business hours. Such auditing may occur without prior notice to the wrecker service firm.

(h)

A firm may apply for zone service only for the zone within which it has its primary business location.

(i)

Each participant shall maintain twenty-four-hour wrecker service and operate a two-way radio base station, or other means of two-way communication, on a twenty-four-hour basis. During the hours of 10:00 p.m. through 6:00 a.m., inclusive, it shall be permissible for a wrecker service firm to maintain an on-call response system, provided that the response time is not significantly impaired by such a system.

(j)

For vehicles towed under this program, the wrecker service shall have an operator/attendant on call at all times other than after normal business hours capable of responding to requests for release of the vehicle. The operator/attendant will be capable of and will respond to a request for release of a vehicle within forty-five (45) minutes of being called during any of these times, and shall release the vehicle upon payment of the fee as set forth in the fee schedule herein, and upon proper identification, unless the operator/attendant has reasonable belief that operation of the vehicle will be in violation of the law and in that instance will notify the appropriate law enforcement agency prior to release of the vehicle. No other fees or charges may be required, and no fees or charges shall be assessed or accrue after forty-five (45) minutes from the request for release of a vehicle.

(k)

Each wrecker business shall have posted at its storage lot and at its principal place of business signs clearly indicating the procedure for release of vehicles, including the on-call number for release of vehicles, such posted signs to be in place and clearly visible and legible to any driver approaching the storage lot or place of business.

(l)

All wrecker services doing business with Horry County shall remove glass, damaged parts, oil and all debris at the location from which the vehicle is towed.

(Ord. No. 72-09, § 1, 11-3-09)