GULFPORT POLICE DEPARTMENT TOWING PERMIT ORDINANCE

Gulfport Code of Ordinances ch. 6, art. XIX

in effect

Gulfport Code of Ordinances § 6-470 General order permitting and regulating wrecker businesses towing vehicles at the request of the Gulfport Police Department.

Sec. 6-470. - General order permitting and regulating wrecker businesses towing vehicles at the request of the Gulfport Police Department. (a) A general order shall be established and uniformly administered and enforced by the Gulfport Police Department to permit and regulate wrecker businesses towing vehicles at the request of the Gulfport Police Department for call on a rotation basis, and to regulate the storage of and access to such vehicles, and to regulate maximum charges for such services that are fair and reasonable to the owner and the wrecker service operator. (b) The general order shall be enforceable by authority of this article only after the general order has been officially approved by the city council and mayor. All subsequent amendments to the general order shall be approved by the city council and mayor prior to taking effect, and the department shall furnish all wrecker companies on the rotation list with copies of said amendments. (c) The general order shall specify mandatory requirements for a towing operator to qualify to be placed on the rotation list to provide towing services on call by the Gulfport Police Department, and for each wrecker vehicle to be used by the operator for such service. (d) Maximum Rates. The general order shall provide a schedule identified as Exhibit "A" of the general order listing maximum rates that may be charged for towing, storage and related charges for services provided under the general order, and no charges shall be assessed by the operator providing services at the request of the department under the general order in excess of, or not specifically provided by said schedule. The maximum rates provided are determined by the Gulfport Police Department to be consistent with maximum rates ordinarily charged in the City of Gulfport when an individual requests services, and the rate schedule may be amended from time to time by approval of the city council and mayor. (Ord. No. 2276, § 2, 4-18-01)

Gulfport Code of Ordinances § 6-471 Applicability and compliance with the general order.

Sec. 6-471. - Applicability and compliance with the general order. Any wrecker/tow business operator or company applying for a permit to be included under the general order on the City of Gulfport Police Department wrecker rotation list and whose permit is granted shall fully comply with the requirements of this article and the requirements and qualifications specified by the general order. A copy of this article and the general order shall be obtained from the communications division of the Gulfport Police Department by applicants as a prerequisite to applying for a permit to provide service under the general order. Any operator applying for a permit to be placed on the rotation list shall be deemed to have read, understood, and agreed to abide by the conditions of this article and the general order. Misrepresentation by an applicant shall be grounds for immediate disqualification for no less than six (6) months before a new application will be received. (Ord. No. 2276, § 2, 4-18-01)

Gulfport Code of Ordinances § 6-472 Violations of the general order are prohibited by this ordinance.

Sec. 6-472. - Violations of the general order are prohibited by this ordinance. Violation of any provision, condition or requirement of this article or of the general order of the police department in effect under this article, or failure to perform any act required by this article or by the general order is hereby declared to be unlawful and punishable as a misdemeanor in violation of the ordinances of the City of Gulfport under § 1-9 of The Code of Ordinances of the City of Gulfport, notwithstanding any action, including, but not limited to suspension or revocation from the rotation list, that may be taken against the wrecker business or operator under provision of the general order. (Ord. No. 2276, § 2, 4-18-01)

Gulfport Code of Ordinances § 6-473 Provisions are severable.

Sec. 6-473. - Provisions are severable. Any provision or clause of this article, or of the general order in effect hereunder that may be hereafter rendered or determined to be legally unenforceable, shall be severed from the remainder of this article and the general order, and this article and the general order shall be applied and enforced separate from the severed part. If any provision of the general order is in conflict with a provision of this article, the ordinance provision of this article shall control. (Ord. No. 2276, § 2, 4-18-01)

Gulfport Code of Ordinances § 6-474 Issuance of permit.

Sec. 6-474. - Issuance of permit. The chief of police of the Gulfport Police Department, or his designated representative, shall issue a permit for each wrecker proposed to be operated by the applicant filing a complete application upon finding that all provisions of the general order have been complied with, and that the applicant and wrecker are fully qualified according to this article and the general order, and upon being satisfied by the city clerk that the applicant towing or wrecker operator or company has procured all required city licenses and paid all required license fees. (Ord. No. 2276, § 2, 4-18-01)

Gulfport Code of Ordinances § 6-475 Officer in charge and authority to tow.

Sec. 6-475. - Officer in charge and authority to tow. When one (1) or more vehicles have been involved in a collision whether with another motor vehicle or with an object and such collision warrants a response by the Gulfport Police Department, the Gulfport police officer in charge of the scene shall have the ultimate authority to direct all activities concerning the removal of vehicles and any cleanup activities, including requesting the towing of a vehicle. No wrecker company shall be allowed to clean up, load, unload, or otherwise handle the cargo or contents of any wrecked or disabled vehicle beyond that which is necessary to properly tow the vehicle and clean the street or highway of debris as necessary without the express consent of the police officer in charge of the scene and the owner of the vehicle. (Ord. No. 2276, § 2, 4-18-01)

Gulfport Code of Ordinances § 6-476 Appeal from denial of permit to the rotation list or from suspension or revocation from the rotation list.

Sec. 6-476. - Appeal from denial of permit to the rotation list or from suspension or revocation from the rotation list. (a) Administrative appeals. Any tow operator or company filing a complete application and being denied a permit to tow on the rotation list under the provisions of the general order, or any operator or company believing it is aggrieved by suspension (of permit), temporary or indefinite, or by revocation (of permit) from the rotation list to tow under the general order, or because its wrecker is not permitted, shall be entitled to assert all administrative appeal relief provided for by the general order. (b) Notice of appeal to council and mayor. If after asserting all available administrative appeal relief, the appealing party deeming it is aggrieved may appeal to the city council and mayor. To appeal to the city council and mayor, a notice of appeal stating the action appealed from, and the reason it believes it is aggrieved, shall be filed by the aggrieved operator or company with the clerk of the city council within fifteen (15) days after the date of the final notice or order from the final administrative authority provided in the general order. (c) Record of administrative appeal. A copy of the notice of appeal shall be furnished by the council clerk to the chief of police. If a record of proceedings is available, it shall be copied for the city council deliberations. If not available, it shall be noted in writing by the chief of police or his designee. The council president in consultation with the city attorney shall determine whether the record of the administrative appeals and findings are sufficient for appeal on the record, and if not, then the hearing shall be de novo. Operator shall be given notice in writing five (5) days or more prior to council consideration of the time of the appeal and whether the same shall be limited to the record or de novo. (d) Costs of the record on appeal to council. If the appealing operator is unsuccessful in its appeal to the mayor and city council, it shall be assessed the costs to the City of Gulfport of copying the record for the city council. (Ord No. 2276, § 2, 4-17-01)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH6MOVETR_ARTXIXGUPODETOPEORFetched: 11/1/2026