VEHICLE TOWING AND IMPOUNDMENT

Huntsville Code of Ordinances ch. 25, art. II, div. 2

in effect

Huntsville Code of Ordinances § 25-71 Definitions.

Sec. 25-71. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means the operator of a wrecker service who, after being advised of the requirements and regulations for participation therein, makes known his/her desire to voluntarily participate in the city's rotation roster by making application for the same. Chief or police chief shall refer to the chief of the city police department or his/her designee. City means the City of Huntsville. Contract wrecker shall mean that wrecker company which has contracted with the city to provide wrecker services requested by the City of Huntsville, for public safety reasons, as opposed to wrecker services requested by a private individual. Department means the city police department. Disabled vehicle means any vehicle which has lost its ability of self-propulsion or its ability to be transported or drawn on a public street by normal methods other than by a wrecker. Fire department emergency incident commander means the highest ranking fire department official who is in charge of hazardous material incidents and other emergency situations which may arise while executing the mission of the fire department, duties include but are not limited to the following: management decisions related to personnel, equipment, procedures, etc., at the scene of any emergency incident. Fire extinguisher shall mean a portable device used for extinguishing fires as defined by the National Board of Fire Underwriters, dry chemical extinguisher with either a 5-B.C. or 10-B.C. rating and underwriters laboratory approval in a quick release carrier which is capable of extinguishing fires. Large wreckers shall be classified as any of the following types of wreckers: Tandem dual wheel or tandem rear end wreckers, or twin booms with factory rated or tested lifting capacity of 12.5 tons or over per drum and per winch and per winch line, with dual drum capacity, hydraulic or power take-off driven, and shall be equipped with dual rear twin-screw axles, and shall be equipped with quick air couplings for towing vehicles with air brakes, and shall be utilized to tow any vehicle having a gross vehicle weight exceeding 10,000 pounds, or any vehicle having dual rear axles or any tractor-trailer combination. The wrecker company shall provide documentation of lifting capacity from the factory or qualified testing facility. Motor vehicle shall mean every vehicle which is self-propelled. Owner means any person who holds a legal title to a motor vehicle or who has the legal right of possession thereof. Person means any individual, partnership or association, syndicate, company, firm, trust, corporation, department, bureau, agency, business, bank, or any entity recognized by law. Place of business shall mean the place where the wrecker company conducts business and is licensed pursuant to municipal law. Police officer means any duly sworn law enforcement officer employed by the city. Repossession wrecker shall mean any wrecker or large wrecker, as defined herein, used for the sole purpose of repossessing vehicles. Repossession wrecker shall include vehicles commonly referred to as "snatch trucks," as well as any and all motor vehicles used to tow or remove any vehicle from one location to another. Repossession wrecker shall not apply to wreckers used for the dual purpose of performing regular wrecker services and repossession services. Repossessor shall mean any person in the business of providing repossession services to others or who performs repossession services on its own behalf, and includes, but is not limited to, officers, managers, agents or employees thereof. Rotation roster means the rotation list of wrecker companies available for request by private individuals as prepared and used as provided in the execution of this chapter. Street means a thoroughfare including public streets, lanes, alleys, etc., within the city and its police jurisdiction which is reserved for vehicle traffic. Traffic hazard means any disabled vehicle, other than those resulting from a vehicular accident as defined herein, and which is an obstruction to the normal movement of traffic on any public street. Vehicle shall mean every device in or by which any person or property is or may be transported or drawn upon a public street, except devices moved only by human power, or used exclusively upon stationary rails or tracks, and shall include trailers and semi-trailers. Vehicular accident means any incident involving contact between a vehicle and any other object or vehicle which results in disabling damage to any vehicle requiring the services of a wrecker. Wrecker shall mean any motor vehicle used for the purpose of towing or removing motor vehicles from one location to another location, for any purpose. Wrecker business shall mean the act of towing or removing motor vehicles from one location to another location, for any reason, where either the beginning or ending location is within the city. This definition shall not include situations whereby a business owns or leases wreckers for the sole purpose of towing other vehicles owned or leased by the business. Wrecker company shall mean any person engaged in the wrecker business. Wrecker operator means any person who drives or otherwise uses a wrecker for wrecker business as defined herein. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-72 Wreckers declared not to be emergency vehicles.

Sec. 25-72. - Wreckers declared not to be emergency vehicles. It is hereby declared and determined that wreckers and large wreckers are not emergency vehicles and shall comply with all laws and ordinances relating to motor vehicles. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-73 Business license and vehicle inspection permits required.

Sec. 25-73. - Business license and vehicle inspection permits required. No person shall engage in the wrecker business or operate wreckers on the streets within the city without first obtaining a license to do business from the city clerk-treasurer, and without first obtaining a vehicle inspection permit for each wrecker to be operated, in accordance with this chapter to be issued by the police department on an annual basis. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-74 Liability.

Sec. 25-74. - Liability. Each wrecker operator doing business in the city who moves or otherwise makes contact with any vehicle to be towed, assumes liability for injury to persons, property damage, fire, theft or any other acts of negligence stemming from the towing process. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-75 Vehicle inspection.

Sec. 25-75. - Vehicle inspection. Each wrecker company doing business in the city shall be inspected by the city police department at least once per year, but more often if complaints arise, to ensure compliance with the following provisions: (1) Equipment necessary for all wreckers: a. All equipment necessary for the towing vehicle or combination of towing vehicle and towed vehicle, i.e. required lighting, including rear tow lamps or tow bar, must be fully operational, functional and in safe operating condition, and must comply with the applicable requirements of 49 C.F.R. §§ 390—399, of the Federal Motor Carrier Rules and Regulations, as the same currently exist or as they may be amended in the future. Any future amendments of the Federal Motor Carrier Rules and Regulations which result in a conflict with the additional requirements contained in this section shall be resolved in favor of compliance with the Federal Motor Carrier Rules and Regulations. b. Certification: All wreckers of the wrecker company shall have an annual DOT (department of transportation) compliant inspection, and each wrecker shall display or carry a current and valid inspection decal or inspection certificate signifying that the wrecker is in safe operating condition. The following mechanical functions and systems shall be in proper working order and each wrecker of the wrecker company shall have the following additional equipment in the vehicle: 1. Wheels: bearings, lugs; 2. Tires: front left and right (no recap) minimum tread depth 5/32; rear left, outside, and all drive tires minimum tread depth 4/32; 3. Brakes: master cylinder; fluid level, leaks; wheel cylinder; brake hose and lines; hydrovac and lines; vacuum or air tanks; parking brake; vacuum or air gauge and buzzer or light; brake pedal fade; pedal pads, if factory equipped; adjustment; brakes; 4. Exhaust system: exhaust manifold; exhaust pipe; muffler; tail pipe; 5. Rear end: springs, shackles and clamps; leaks; 6. Clutch and transmission: adjustment, release; 7. Body: seats securely fastened and in good condition; no broken glass in any window, and no broken or cracked glass in any windshield which obstructs the driver's vision; mirrors, left and right, with no broken or cracked glass which obstructs or limits the driver's vision; wipers, windshield washers; horn; fire extinguisher; markings; driver's and passenger seat belts; flags and flares; sun visor for driver; 8. Steering: steering arm; tie rod-ends and drag-link; front springs, shackles and clamps; sector to frame mounting; steering free play; and 9. Most current edition of the Department of Transportation Emergency Response Guide Book. c. Each wrecker shall be equipped with factory installed one-ton capacity dual wheels. Dummy wheels are prohibited. d. Each wrecker shall be equipped with a power winch, winch line, and boom with a factory rated lifting capacity, or a tested capacity, of not less than 8,000 pounds single line capability. At the time of application, the wrecker operator shall provide documentation of lifting capacity from the factory or qualified testing facility. e. Appropriate equipment shall be attached to each wrecker in order to prevent any vehicle being hauled or towed from being further damaged by coasting, rocking, swinging, or slamming into the wrecker or any part thereof. f. Each wrecker shall have the following standard equipment: tow bar; safety chains; operational, fully charged 5-B.C. rated fire extinguisher mounted in an easily accessible location; wrecking bars, which must be a minimum length of 36 inches; brooms, which must have a minimum handle length of 30 inches; shovel; axe, which must have a minimum handle length of 30 inches; dolly, which is rated for use on the highway; at least three reflective road warning devices; a minimum of 80 pounds of serviceable oil dry; and a minimum of 75 feet of ⅜ inch diameter or larger steel cable for rollbacks, and 100 feet of ⅜ inch diameter or larger steel cable for conventional wreckers. g. Yellow emergency lights shall be affixed above the top of the cab of the wrecker and must be visible from every angle, 360 degrees, around the wrecker. The warning lights shall be visible from a distance of not less than 1,500 feet under normal atmospheric conditions at night. Sirens are prohibited. h. The name, address, and telephone number of the wrecker operator, and the wrecker number, i.e. truck #1 or other identifying number specific to that wrecker, shall be permanently affixed to and prominently displayed on both sides of the wrecker, using letters and numerals of a contrasting color than the rest of the vehicle that are clearly visible from a distance of 100 feet. The lettering used for the operator name shall be at least four inches tall and the lettering and numerals used for the address, telephone number and wrecker number shall be at least two inches tall. i. The wrecker company shall not place or imprint on its vehicles, buildings, equipment, clothing, advertisements, or correspondence anything suggesting or implying any official relationship between the wrecker company and the city. Without limitation, the wrecker company shall not use any colors or paint schemes similar to those used by the police department; decals similar in design to department decals; any logo similar to those employed by the city or any of its departments; or any other language or wording which would cause the general public to believe the wrecker is owned or operated by the city. j. Each wrecker shall be properly equipped with clearance and marker lights and all other equipment as required by law. k. Each wrecker shall be equipped with warning devices, as the same are required by law applicable to trucks. l. Each wrecker shall be equipped with dual rear adjustable floodlights with a minimum of 20,000 candlepower each. m. Use of a hand-held mobile telephone: 1. No driver shall use a hand-held mobile telephone while driving a wrecker or vehicle. 2. No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a wrecker or vehicle. 3. For the purpose of this section only, driving means operating a vehicle or wrecker on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a wrecker or vehicle when the driver has moved the wrecker or vehicle to the side of, or off, a highway and has halted in a location where the wrecker or vehicle can safely remain stationary. 4. Emergency exception: Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services. n. Each wrecker shall be equipped with disposable bags or other containers to safely contain and properly dispose of any broken glass, injurious substances, oil spills, and other debris, as required by section 25-90 (14) and section 22-81 of this Code. o. Each wrecker shall be equipped with tarps and ties adequate and serviceable to properly cover and secure any wrecked or damaged vehicle being hauled or towed to prevent materials or debris from flying or falling off while moving. p. Each wrecker shall be equipped with one pair of bolt cutters with a minimum one-half inch opening. q. Any wrecker equipped with tinted windshields or side windows shall have light transmission of at least 70 percent of normal visibility, and comply with applicable requirements of the Federal Motor Carrier Rules and Regulations. r. The minimum equipment standards referred to throughout this chapter shall be determined solely by the manufacturer's specifications for the capabilities and capacities of the wreckers and all towing equipment. s. Each wrecker shall be equipped with only those winches and cranes that have been produced and constructed by a manufacturer of such equipment which carries product liability and which regularly produces winches and cranes. A winch or crane will not be prohibited by this section if the wrecker operator submits to the chief a certification from a reputable testing laboratory, regularly engaged in the testing of such equipment or similar equipment, indicating that the capacity of the winch or crane is not less than what is required in this division of this chapter. (2) Equipment necessary for large wreckers: In addition to the requirements contained in subsection (1), large wreckers, as defined herein, are required to be equipped with the following additional items and equipment: a. Air control valve or an electrical break capability with an electrical break control box for the purpose of providing braking capability for the vehicle or trailer being towed or removed; b. Two chock blocks to prevent rolling or slippage of the wrecker. These chock blocks should have the capability of being secured firmly to the wrecker and should be of a width equal to that of the dual wheels of the wrecker; c. A minimum of 200 feet of ⅝ inch steel cable on multiple drums, which shall be measured from the end of the bed of the wrecker; d. Air brakes constructed to lock the rear wheels automatically upon failure and to supply air to disabled vehicles; e. A minimum total of two operating, fully charged 10-B.C. rated fire extinguishers mounted in easily accessible locations; f. External air hookups and hoses; g. At least six reflective road warning devices; h. A minimum of 160 pounds of serviceable oil dry. (3) Equipment necessary for roll back wreckers: In addition to the requirements contained in subsection (1), roll back wreckers, as defined herein, are required to be equipped under the following modifications: a. A one-ton truck with a 19-foot bed, dual wheels, and one power winch with an 8,000 pound capacity; b. A brake lock device; c. Two safety tie-down chains at least ten feet in length; d. The following standard equipment shall be substituted for the requirements of subsection (1)e. above: tow bar; safety chains; operating, fully charged 5-B.C. rated fire extinguisher mounted in an easily accessible location; wrecking bar, which must be a minimum length of 36 inches; brooms, which must have a minimum handle length of 30 inches; shovel; axe, which must have a minimum handle length of 30 inches; at least three reflective road warning devices; a minimum of 80 pounds of serviceable oil dry; and a minimum of 75 feet of ⅜ inch diameter or larger steel cable. (4) Equipment necessary for repossession wreckers: In addition to the requirements contained in subsection (1), repossession wreckers, as defined herein, are required to be equipped under the following modifications: a. The following standard equipment shall be substituted for the requirements of subsection (1)f. above: tow bar; safety chains; operating, fully charged 5-B.C. rated fire extinguisher mounted in an easily accessible location; wrecking bars, which must be a minimum length of 36 inches; and at least three reflective road warning devices. b. The following shall be substituted for the requirements of subsection (1)h. above: The initials of the repossessor business name and USDOT number of the repossessor shall be permanently affixed to and prominently displayed on both sides of the wrecker, using letters and numerals of a contrasting color than the rest of the vehicle that are clearly visible from a distance of 100 feet. The lettering used for the repossessor name shall be at least four inches tall and the lettering and numerals used for the USDOT number shall be at least two inches tall. Additionally, all repossession wreckers shall also be clearly marked as a "recovery vehicle" or "repo wrecker" in lettering of equal size to the repossessor name. c. Repossession wreckers shall comply with all other requirements as stated in the above subsections. Following inspection by the city police department, each wrecker shall be issued a decal which shall be displayed in the lower left corner of the windshield. Each decal shall indicate the wrecker permit number and the current calendar year. The fee for each annual inspection and issuance of each annual inspection decal shall be $15.00. In the event a wrecker fails the annual inspection, the fee for any subsequent re-inspection shall be $15.00. If a wrecker is not issued an inspection decal following any city police department inspection or if the decal is not properly displayed on the wrecker for which it was issued, that wrecker is not authorized to do business within the city. (Ord. No. 25-310, §§ 1, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-76 Required rear lighting and illumination.

Sec. 25-76. - Required rear lighting and illumination. Every wrecker towing or pulling a vehicle or a train of vehicles shall display red lighted lamps and illuminating devices, including rear tow lamps and/or tow bar, on the rear end of the last vehicle that are clearly visible at a distance of 500 feet. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-77 Required reflective wear.

Sec. 25-77. - Required reflective wear. While on the scene of any dispatch, all wrecker operators shall wear reflective vests, coats or shirts that meet Class 2 or Class 3 of the American National Standard for High-Visibility Safety Apparel as set forth in ANSI/ISEA 107-2020. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-78 Driver's license and medical card required.

Sec. 25-78. - Driver's license and medical card required. No person shall be a wrecker operator or be allowed to drive any wrecker unless such person has in his possession a valid state driver's license or a commercial driver's license, if required by law, issued by the state department of public safety, and a current department of transportation (DOT) medical card. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-79 Authority at the scene of an accident.

Sec. 25-79. - Authority at the scene of an accident. Either the police officer or the fire department emergency incident commander in charge of the scene shall have the ultimate authority to direct all activities concerning the removal of vehicles and any clean up activities including requesting any additional assistance that is needed, or canceling any unneeded wreckers, vehicles, or other unneeded assistance in the interest of public safety and welfare. 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 in order to properly tow the vehicle and clean the street or highway of debris as necessary without the expressed consent of the police officer in charge of the scene, the fire department emergency incident commander, the owner of the vehicle and/or the owner of the vehicle's contents and/or his agent. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-80 Release of towed vehicle by wrecker company.

Sec. 25-80. - Release of towed vehicle by wrecker company. A motor vehicle towed or impounded pursuant to this chapter shall be released by the wrecker company if the person or designee of the owner of the motor vehicle, including any other towing or automobile repair company, redeeming the motor vehicle satisfies in full the cost of removing and impounding the vehicle, plus such reasonable amount as may be charged by the wrecker company for storing the vehicle. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-81 Removal of a vehicle from an accident scene.

Sec. 25-81. - Removal of a vehicle from an accident scene. Any police officer at the scene of an accident, who in the exercise of his discretion as a police officer suspects that a vehicle involved in an accident may have been used during the commission of a crime, may direct that such vehicle be taken by the driver of the contract wrecker towing the vehicle directly to the location designated by the police officer and there held by the city for any lawful purpose, and the city will be responsible for payment of towing and storage fees. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-82 Unauthorized presence of a wrecker at an accident scene.

Sec. 25-82. - Unauthorized presence of a wrecker at an accident scene. No person, agent or employee of a wrecker company shall drive a wrecker or large wrecker to or near the scene of a vehicular accident or disabled vehicle on the streets of the city and park the same unless such wrecker has been authorized to proceed to the scene of the vehicular accident or disabled vehicle by the police department of the city or the owner(s) or operator(s) of the vehicle(s), nor shall any representative, agent or employee of a wrecker company solicit business in any manner for a wrecker company at the scene of a vehicular accident, disabled vehicle, or on the streets of the city. The unauthorized presence of any wrecker or large wrecker parked on any public street or highway in the city at or near the scene of any accident, collision, or disabled vehicle shall be prima facie evidence of a solicitation in violation of this section. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-83 Intercepting police radio wrecker communications.

Sec. 25-83. - Intercepting police radio wrecker communications. No person shall intercept any message emanating through the radio frequencies utilized by the city police department or shall divulge or publish the existence, contents, substance, purpose, effect or meaning of such intercepted communication, and use the same or any information therein contained for the purpose of soliciting or aiding another in the solicitation of wrecker business. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-84 Impoundments.

Sec. 25-84. - Impoundments. (a) Any unoccupied vehicle parked upon a public street or any public alley in the city at a place, in a manner or for a length of time prohibited by any ordinance of the city is declared to be an obstruction to traffic and a public nuisance. Any police officer and the director of public works services are authorized to remove such vehicle or to cause the vehicle to be removed and impounded at police headquarters or in a depository provided by the city for such purpose. Such removal may be done by hauling the vehicle by wrecker. Any charge for the removal and/or impoundment of the vehicle unless otherwise provided shall be charged against the owner of the vehicle. (b) Whenever any police officer shall find within the city limits any vehicle which he has reasonable cause to believe to be lost, stolen or abandoned, or any vehicle which is, or is likely to become, an obstruction on a public way, or to be without proper protection by reason of the person in charge or control thereof having been arrested and incarcerated, such officer shall have authority immediately to remove such vehicle or cause the vehicle to be removed to and impounded at police headquarters or in a depository provided by the city for such purposes. (c) Whenever the driver of a motor vehicle fails to produce a valid driver's license upon the lawful request of an officer who is acting in his capacity as a law enforcement officer, such officer shall have authority immediately to remove such vehicle or cause the vehicle to be removed to and impounded at police headquarters or in a depository provided by the city for such purposes, regardless of ownership, subject to the following conditions: (1) The officer shall make a reasonable attempt to verify the license status of a driver who claims to be properly licensed, but who is unable to produce the license on demand. A notation of the officer's attempt to verify that the driver is properly licensed shall be noted on the departmental report. If the officer is unable to verify that the driver is a properly licensed driver, the vehicle shall be impounded and the driver and occupants of the motor vehicle will be transported to a place of safety by the impounding officer. (2) The officer shall not impound a motor vehicle pursuant to this section if the license of the driver expired within the preceding 60 days and the driver would otherwise have been properly licensed. (3) The officer shall not impound a motor vehicle pursuant to this section if the owner of the motor vehicle or another family member of the owner is present in the motor vehicle and has a valid license. (4) The officer may elect not to impound the motor vehicle in the event there is a medical necessity jeopardizing life or limb. (d) A motor vehicle impounded pursuant to this section shall be released if the person redeeming the motor vehicle satisfies in full the cost of removing and impounding the vehicle, plus such reasonable amount as may be charged by the depository for storing the vehicle, and: (1) The registered owner appears at the contract wrecker company, and presents a valid driver's license and either the original vehicle title or a copy of both the front and back of the title or a copy of the current vehicle tag receipt in the registered owner's name; or (2) If the registered owner does not have a valid driver's license, the registered owner must present some form of picture identification along with either the original vehicle title or a copy of both the front and back of the title or a copy of a current vehicle tag receipt in the registered owner's name, and must be accompanied by an individual who has a verified valid driver's license; or (3) A representative of the owner appears at the contract wrecker company with a valid driver's license along with a written notarized authorization from the registered owner and either the original vehicle title or a copy of both the front and back of the title or a copy of a current vehicle tag receipt in the registered owner's name; or (4) Upon order of a court of competent jurisdiction. (e) The contract wrecker company may have a lien upon each impounded vehicle for the amount of the cost of removing and impounding the vehicle, plus such reasonable amount as may be charged by the depository for storing the vehicle. (f) The chief of police, or his designee, which may include the company contracted by the city to store all impounded vehicles, may advertise and sell all vehicles which have been impounded, taken or seized by the city, and which have not been claimed by the owner after such articles have been held by the chief of police or his designee for a period of 45 days or more in accordance with Ala. Code 1975, § 32-13-1 et seq. (Ord. No. 25-310, §§ 2—4, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-85 Impoundment hearings.

Sec. 25-85. - Impoundment hearings. (a) The owner or person entitled to possession of any motor vehicle which is removed or towed from the public streets of the city, or from any public parking facility of the city, pursuant to any ordinance or policy of the city, or any of its departments, shall be entitled to an immediate due process hearing, prior to paying any towing or storage fee concerning the motor vehicle. The chief of police or any supervisory officer of the police department of the rank of police sergeant or above, designated by the chief of police, is designated and appointed as a hearing officer for the purpose of carrying out these requirements. Any owner or person entitled to possession of any motor vehicle, unless the right is waived, shall be provided an immediate due process hearing before such officer prior to being required to pay any such towing charge or storage fee. When the hearing officer shall determine at the hearing that the towing of the vehicle was in error, or that neither the owner nor any person lawfully entitled to possession caused the motor vehicle to be subject to towing under any such ordinance or policy, the vehicle shall be ordered immediately released and returned to the owner or the person in possession without the payment of any charges or fees. (b) Any person aggrieved by any decision of any hearing officer made pursuant to this section shall be entitled to a hearing before a municipal judge by filing notice with the clerk of the municipal court within five days from the date of any such decision. (c) At any time an arrest or citation for violation of municipal ordinances is made in connection with the towing or impoundment of any motor vehicle by the police department, the municipal judge trying the case may also hear evidence concerning the impoundment, towing and storage of the motor vehicle. If the municipal judge shall determine, after a due process hearing, that neither the owner nor any person lawfully entitled to possession of the motor vehicle was guilty of any act which caused the impoundment, towing or storage, the municipal judge shall order the vehicle immediately released without the payment of any fees or charges, or if the fees or charges have already been paid, shall order the return of the fees to the person paying the fees. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-86 Reports of repossession required.

Sec. 25-86. - Reports of repossession required. (a) Every wrecker company or repossessor who repossesses a motor vehicle within the city limits shall notify the Huntsville Police Department records division by providing the information indicated in section 25-88 within one hour after the repossession is completed, and shall also file a written report of repossession or towing, as indicated in section 25-88, with the Huntsville Police Department records division within five days after the repossession is completed. (b) At the time of repossession, every wrecker company operator or repossessor who repossess a motor vehicle within the city limits shall be required to have official paperwork authorizing the repossession of the vehicle on his/her person. The authorizing paperwork should include, at a minimum: the name of the authorizing entity, the name of the person/entity believed to be in possession of the vehicle, and a description of the vehicle to include tag number and vehicle identification number. (Ord. No. 25-310, §§ 5, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-87 Reports of towing from private property required.

Sec. 25-87. - Reports of towing from private property required. Every towing service which tows a motor vehicle from private property within the city limits at the request of any person other than the owner of the vehicle, a person designated by the owner, or the city police department, shall notify the city police department records division by providing the information indicated in section 25-88 within one hour after completion of the towing service, and shall also file a written report of repossession or towing, as indicated in section 25-88, with the city police department records division within five days after completion of the towing service. (Ord. No. 25-310, §§ 6, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-88 Information for written reports.

Sec. 25-88. - Information for written reports. The report of repossession or towing, applicable to notifications and the filing of written reports, shall contain the following information: (1) Name and address of the person in possession, or believed to be in possession, of the motor vehicle at the time that it was repossessed or towed; (2) Location where the motor vehicle was found and the repossession or towing was carried out, including street name and block number; (3) Time that the repossession or towing was carried out; (4) Date and time that the report was filed; (5) Name of the repossessor or towing service who carried out the repossession or towing; (6) Name of person on whose behalf the repossession or towing was carried out, if different from the repossessor or towing service; (7) Description of the motor vehicle repossessed or towed, including, but not limited to, the year, make, model, style, vehicle identification number, tag number, and color (inside and outside); (8) Location of the motor vehicle following repossession or towing; and (9) Signature of the individual who carried out the repossession or towing. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-89 Applications and conditions for participation in city wrecker rotation system.

Sec. 25-89. - Applications and conditions for participation in city wrecker rotation system. (a) Written request for participation in the rotation system. Each applicant desiring to be placed on the rotation roster shall file a written application with the police chief on a form furnished by the police department. A new applicant may file a written application at any time. Once an applicant has been accepted and placed on the rotation roster, applications for renewal shall be submitted in January of each year thereafter, and shall adhere to all of the same terms and conditions as apply to new applicants. An applicant may request to discontinue participation in the rotation roster at any time. (b) Equipment certification. Each applicant shall certify that each wrecker to be utilized in service of the rotation roster meets or exceeds the following requirements at the time application is made: (1) For each regular haul wrecker, in addition to the criteria established in section 25-75, a conventional wrecker must be equipped with dollies rated for highway use and wheel lift or hydraulic operated tilting bed trucks, with one ton rated chassis or larger and equipped with a broom, which must have a minimum handle length of 30 inches, and shovel, two fully charged 10-B.C. rated fire extinguishers, and agents to remove oil spills from the roadway; (2) The name of the company must be permanently affixed on each side of the wrecker in four inch high or larger letters and the address and telephone number in two inch high or larger letters; (3) All safety equipment, horns, lights, flashers, amber lights, brakes, and other similar equipment must be operational. (c) Copy of rules and regulations. The chief will furnish each applicant with a copy of the rules and regulations pertaining to the operation of wreckers within the rotation system. (d) Inspection of wreckers and equipment. Prior to being placed on the rotation roster, the applicant shall present and make available for inspection by the chief all wreckers and equipment that are to be used by the applicant for the provision of wrecker services. (e) Business license required. Prior to being placed on the rotation roster, the applicant must furnish the chief with a copy of a current, valid business license issued by the city in the applicant's name, and prominently display said license in the applicant's principal place of business. To remain on the rotation roster, the wrecker company's city business license must remain current and valid. (f) Storage facilities. Prior to being placed on the rotation roster, the applicant must agree to a preapproval inspection of the premises to ensure adequate outside storage sufficient to accommodate a minimum of ten vehicles, which is well and continuously lighted during the hours of darkness, and, at a minimum, include an area completely enclosed within a six foot high chain link or other equivalent fencing material designed to protect against unauthorized entry. Any inside storage must be within a supervised or locked building. In addition to the provision of a secure storage area, each wrecker company shall employ reasonable safeguards and procedures so that all personal belongings and contents in a stored vehicle remain intact and are returned to the vehicle's owner or agent upon request or upon release of the vehicle. (g) Location of storage facilities. The wrecker company, wrecker(s) utilized, operators(s), and storage facilities must be located within the city limits or within ten miles of the city administration building. A map of those areas falling within ten miles of the administration building shall be kept on file by the city clerk/treasurer. (h) Certificate of insurance. Each wrecker company participating on the rotation roster, from the time he/she moves or otherwise makes contact with any vehicle to be towed, assumes liability for injury to persons, damage to property, fires, or theft resulting from the operator's negligent acts or omissions. Therefore, prior to being placed on the rotation roster, the applicant shall furnish the chief with a certificate of insurance that indicates compliance with the following insurance guidelines: (1) The certificate of insurance should state that the city is an additional insured. The city, its officers, employees, elected officials, agents, contractors, and specified volunteers shall be named as additional insureds on all general liability, garage keepers liability, garage liability and on-hook liability insurance. Failure of the city to procure the certificate of insurance does not waive any insurance provisions required in this chapter. (2) The certificate of insurance should contain no special limitations on the scope of protection afforded to the city, its officers, employees, elected officials, agents, contractors, or specified volunteers. (3) The certificate of insurance should indicate that coverage under the wrecker company's policy shall be written or endorsed to provide primary coverage to any other valid or collectible insurance. Any city coverage is noncontributory. (4) The certificate of insurance should indicate that the city will be provided with a 30-day notice of any material change, cancellation or non-renewal, with the exception of a 10-day notice for non-payment of premium. (5) The certificate of insurance should state that the coverages below are in force: a. General liability. Commercial general liability insurance, including coverage for bodily injury, property damage, personal injury, death, and products/completed operations, in an amount not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. b. Garage liability. Garage liability coverage of at least $1,000,000.00 per occurrence combined single limit for bodily injury and property damage covering owned, non-owned and hired automobiles used in conjunction with its operations under the chapter. c. On-hook liability. On-hook liability coverage of at least $50,000.00 per occurrence. d. Garage keepers liability. Comprehensive garage keepers' liability insurance with coverage of $50,000.00 per occurrence. e. Workers' compensation. Workers' compensation coverage as prescribed by the State of Alabama Department of Labor. (i) Waiver of subrogation. Each wrecker company/operator performing any service pursuant to this chapter waives any and all claims it may have against the city for injury, loss or damage covered under any insurance policy and each such wrecker company/operator shall cause its insurance carriers to waive any right of subrogation with respect thereto and to so notify the city. (j) Indemnification; non-liability. Each wrecker company/ operator performing any service pursuant to this chapter shall indemnify and hold harmless and does hereby agree to indemnify and hold harmless the city, its officials, officers, elected officials, employees, agents, contractors and volunteers performing an authorized city function, (hereinafter referred to as "indemnitees") from and against any and all claims, liability, loss, judgments, suits, penalties, costs, expenses and damages aforesaid, including but not limited to, reasonable attorneys' fees and expenses and court costs and fees. Each wrecker company/operator's duties hereunder shall survive the termination of the wrecker company's participation in the rotation roster. (k) No waiver of statutory immunity. Nothing contained in this chapter shall be construed as a waiver of any immunity of statutory protection of the city, and no third party may expand any recovery against the city due to each wrecker company/operator's duty of indemnification, set forth in subsection (j). (l) Decal required. A department decal will be placed on each participating wrecker in the lower left corner of the windshield to indicate current inspection and eligibility to participate in the rotation system. Each decal shall indicate the rotation roster permit number and the current calendar year. The fee for each wrecker inspection and issuance of each decal shall be $15.00. In the event a wrecker fails the inspection, the fee for any subsequent re-inspection shall be $15.00. (m) Valid license plates required. Each wrecker company shall be required to maintain a current, valid license plate on each wrecker used in responding to rotation roster calls. (n) Wrecker company listed only once. Each wrecker company shall be listed on the rotation roster only once. This listing will use the name the wrecker company submitted during the application process and under which he/she is qualified under this chapter. It is prohibited for a wrecker company conducting business at one location to receive multiple listings by utilizing a different or fictitious name for wreckers operating from the same location or by utilizing wreckers with the same name out of different locations within the city. When two or more businesses or companies are owned by the same individual, partnership or parent corporation, each business or company may have a separate listing only when each business maintains completely separate offices, required documentation, logs, and wreckers labeled with the appropriate business name in accordance with section 25-75(1)h. at the approved locations. A wrecker business will be regarded as having separate locations only when each business or company continuously and regularly occupies separate, different, permanent, nonresidential, non-overlapping structures: each with its own phone number and service; each with its own dispatch number and dispatch operator; each keeping its own towing and recovery books, logs, tax records, and other required records; each prominently displaying its city and state licenses; and each business open to customers with an employee present and available to assist customers continuously between the hours of 8:00 a.m. until 5:00 p.m., Monday through Friday. (o) Authorization, placement on roster. When the chief is satisfied that the applicant is qualified, he/she will place the applicant on the rotation roster and so notify applicant. (p) Attempts to circumvent the intent of the rotation system will result in the removal of all wrecker companies and operators associated in any way to the offending wrecker company. (Ord. No. 25-310, §§ 7, 8, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-90 Conduct of wrecker companies and operators on the rotation roster.

Sec. 25-90. - Conduct of wrecker companies and operators on the rotation roster. The following conditions shall govern the conduct of wrecker companies and operators on the rotation roster: (1) Obedience to traffic laws; operator safety. No operator shall speed or violate any other traffic laws or disregard any traffic control devices while answering a call. The provision of wrecker services shall be done in a reasonable and safe manner and no operator shall needlessly congest the scene of a vehicle accident. (2) Rotation system participation. Authorization to participate in the rotation system shall be considered a personal grant of permission to the wrecker company who made application for the same and shall constitute authorization only to that particular legal entity as it operates a bona fide wrecker service. It shall not be subject to assignment, transfer or lease; neither shall the wrecker company sublet the use of the name under which rotation system participation was requested and neither shall the operator permit the exercise by another in any manner of the rights or privileges granted by authorization for participation in the rotation system. Participation on the rotation roster shall not constitute a property interest. Authorization under this article is void if the business address or location of facilities is changed. Further, any change in ownership due to sale, merger, dissolution, death or any other reason shall result in removal of the wrecker company from the rotation roster and shall necessitate a new application being filed. (3) Submission of daytime and nighttime telephone numbers. At the time of application, each wrecker company shall furnish the chief with one telephone number to be used for dispatches during the day and one telephone number to be used for dispatches during the night. Any changes in the aforementioned telephone numbers shall be immediately transmitted to the chief. No pagers or answering machines are permitted as call-out numbers. (4) Twenty-four hour service; hours of availability for vehicle access. Each wrecker company shall maintain and be fully capable of providing wrecker services 24 hours a day, seven days a week. Further, each wrecker company shall, at no additional charge, provide access, immediately upon request, to its storage facilities between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, to individuals legally entitled or otherwise authorized to view, inspect, access, claim or retrieve personal property or vehicles stored therein. (5) Availability. One attempt by phone shall be made to reach the wrecker service appearing next on the appropriate roster. The acceptance of an assignment may be made by any authorized representative of the company who can verify an immediate dispatch of the wrecker. If no contact is made or the company is unable to accept the call, that company shall be passed for that rotation of the roster and the next company in line shall be called. A wrecker operator shall not accept a dispatch for wrecker services from the rotation roster unless the operator has a wrecker and the necessary equipment immediately available to perform the requested service. (6) Use of lights. No wrecker operator shall use yellow emergency lights when in route to a service or wrecker call. The use of yellow emergency lights is authorized only at the scene of an accident or other call for service and when towing a vehicle from the scene. The use of "wig-wag" headlights is prohibited at all times. (7) Response with own wrecker. The wrecker company shall respond to each dispatch received from the city with its own wrecker and shall not send another wrecker service in response to a rotation roster dispatch. The responding wrecker must display the name of the wrecker company called by the police department. In the event the dispatched wrecker is unable to perform the required services or needs assistance, the police officer has the discretion to cancel that wrecker and/or dispatch another rotation wrecker. (8) Response while impaired prohibited. No wrecker operator shall respond to a dispatch when he or she has consumed alcohol in any amount or has ingested either prescription or non-prescription drugs that may impair motor skills. No wrecker operator shall respond to a dispatch when he or she is under the influence of any controlled substance. (9) Restriction for conviction of crimes. No wrecker operator shall be used or employed by any wrecker company on the rotation roster if he or she has any pending criminal charges, or has been convicted within the last five years, of any felonies, or misdemeanors related to his or her capability to provide wrecker services to the public in a safe and responsible manner, including but not limited to, drug and/or alcohol offenses, assault, theft, sex crimes, murder, burglary and/or homicide. (10) Proficiency. All wrecker operators on the rotation roster shall be proficient and competent in the operation of such wrecker. (11) Uniform clothing. Operators shall wear clothing consistent with his/her employing wrecker company, i.e. uniform, company logo, etc. (12) Removal of glass, debris, etc. Operators shall remove all glass, injurious substances, oil spills, and other debris at or near the scene of the vehicle as required by section 22-81 of this Code. No glass, injurious substances, oil spills, and other debris shall be placed inside of the towed vehicle. Any damaged personal items to be placed inside of the towed vehicle will be placed inside of a disposable bag or other container, inside of the vehicle's trunk or floor board, if possible, to prevent additional damage to towed vehicle. (13) Notice of acquisition of wrecker. Each wrecker company on the rotation roster shall give notice to the chief of any wrecker acquired subsequent to placement on the rotation roster. The police department will inspect the wrecker to determine if it meets all the criteria required by this chapter. No wrecker shall be allowed to perform any rotation roster activity unless properly inspected and decaled in accordance with section 25-89. (14) Compliance with laws. Every wrecker company must comply with all applicable federal, state and local laws. (Ord. No. 25-310, §§ 9—14, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-91 Storage procedures for the rotation roster.

Sec. 25-91. - Storage procedures for the rotation roster. (a) All personal property left in a vehicle and which is unclaimed will be handled in accordance with existing laws. (b) Any person showing proof of identity and showing either proof of ownership or written authorization from the vehicle's registered or legal owner may, without charge, inspect the vehicle and remove personal belongings therefrom during normal business hours. For purposes of this subsection, personal belongings shall be defined as those items which belong to the owner, driver or other occupant of the vehicle and which are not attached in any permanent or semi-permanent manner to the interior or exterior of the vehicle. For purposes of this subsection, permanent or semi-permanent shall mean that the removal of an attached object would cause physical damage or deformity to the interior or exterior of the vehicle. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-92 Records required for the rotation roster.

Sec. 25-92. - Records required for the rotation roster. (a) Each operator shall maintain accurate records reflecting all wrecker services performed pursuant to his/her participation on the rotation roster. All information printed on the records shall be legible. Each record of wrecker service, and/or tow ticket, shall be sequentially numbered, and include the pre-printed name, address and phone number of the wrecker company, as well as the following information: (1) The date and time the operator was contacted and requested to perform the service; (2) The name of the person requesting the service; (3) The location of the vehicle; (4) A description of the towed vehicle, including license tag and identification number; (5) The owner or operator of the vehicle, if known; (6) Itemized list of all service charges and fees; (7) The name of the wrecker operator; (8) The final disposition of the vehicle; and (9) Any related police accident, incident, arrest, event or miscellaneous identification numbers. Regardless of the method of payment, each customer shall be given a written receipt containing the above required information, and a copy of same shall be maintained by the wrecker company for all wrecker services provided. (b) All records required herein must be available immediately upon request so long as the request is made between the hours of 8:00 a.m. until 5:00 p.m., Monday through Friday for inspection by the chief or other city representatives. Advanced notice of an inspection by the chief or other city representative shall not be required. (c) The operator shall maintain the aforementioned records for the current calendar year and the preceding calendar year. (d) A record of all abandoned motor vehicles is to be maintained by the wrecker operator and any abandoned motor vehicle sold or disposed of by the operator shall be so sold or disposed of in accordance with Code of Ala. 1975, § 32-13-1 et seq., as may be amended. (Ord. No. 25-310, §§ 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-93 Rotation roster notification and response.

Sec. 25-93. - Rotation roster notification and response. (a) A wrecker shall be called from the rotation roster when the following circumstances occur: when the owner, driver, or person in charge of a vehicle to be towed has been advised by the officer on the scene that such vehicle must be removed and that he may call or request the wrecker company of his choice. However, only wrecker companies permitted to tow within the city shall be contacted by police. In the event the owner, driver, or person in charge of the vehicle indicates that he has no preference, or the permitted wrecker of his choice fails to respond to the call within a reasonable period of time considering the time of day, the weather conditions and the traffic conditions, the officer shall see that the next wrecker from the appropriate roster shall be called. In no event shall any officer suggest, direct, or otherwise imply that a particular wrecker be called. (b) A wrecker operator shall promptly respond to a dispatch and arrive on-scene with a fully functional wrecker within 40 minutes under normal driving conditions. If a wrecker operator is not capable at the time of dispatch to so respond, he/she shall immediately notify the department's communication center of this fact. If the wrecker operator provides immediate notice of the delay and provides a reasonable time of arrival on-scene, the wrecker operator may take up to a total of 50 minutes from the time of dispatch to arrive. If this is not feasible, however, the wrecker operator shall make the same known to the department's communication center and the wrecker company will be passed over for that rotation and the dispatch will go to the next wrecker company on the rotation roster. When determining whether a violation of this provision has occurred, the police department shall consider the time of day, the weather conditions and traffic conditions. Any wrecker company that refuses or fails to respond when contacted by the department's communication center for three consecutive times shall receive a 15-day suspension from the rotation roster. (c) When a wrecker operator responds to a dispatch, but renders no wrecker services through no fault of his/her own, the wrecker company will not lose position on the rotation roster if the wrecker operator provides prompt notification of the same to the department's communications center. (d) Two separate rosters are established as follows: (1) Regular haul roster: This roster shall be in effect 24 hours a day, seven days a week for assignment by the police department to tow up to 75 ton vehicles for those persons who have no preference as to the company to use; and (2) Large haul roster: This roster shall be in effect 24 hours a day, seven days a week for assignment by the police department to tow vehicles over 75 ton for those persons who have no preference as to the company to use. (e) If the wrecker operator does not arrive on-scene within the time requirements established herein or if the public health, safety and welfare necessitate more expeditious action, the police department reserves the right to request the services of the next wrecker company on the rotation roster. Under these circumstances, the wrecker company who received the first call will forfeit his/her position on the rotation roster for that turn. Any wrecker operator who is late in responding to dispatches for wrecker service without justification may be subject to penalties as provided herein. (f) The chief has the right to inspect any wrecker or equipment of a wrecker company on the city's rotation roster at any time to ascertain if it is being properly maintained and all required equipment is on the wrecker and in proper operating order. (g) All wrecker companies on the rotation roster shall have wreckers and equipment inspected annually by the police department. A current inspection sticker will be issued by the department and must be properly displayed at all times. (h) Any operator on said roster shall be an employee of the wrecker company, or listed on the company's payroll. (Ord. No. 25-310, §§ 16, 17, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-94 Rates and charges for the rotation roster.

Sec. 25-94. - Rates and charges for the rotation roster. (a) The maximum fees for wrecker services, including any overhead fees, charged by any wrecker service company on the rotation roster in regard to services provided as a result of rotation system dispatch shall not exceed, but may be less than, the following amounts per wrecker, unless otherwise indicated: (1) Towing of wrecked or disabled vehicle: Two-axle vehicle weighing 10,000 pounds or less—$175.00. (2) Towing of wrecked or disabled vehicle: Two-axle vehicle weighing 10,001 pounds through 26,000 lbs.—$225.00. (3) Towing of wrecked or disabled vehicle: Two-axle vehicle weighing 26,001 pounds or more, or any vehicle with more than two axles—$375.00. (4) Towing of wrecked or disabled vehicle with a trailer or other vehicle attached in tandem: $75.00 per trailer or vehicle attached in tandem. (5) Towing of wrecked or disabled vehicle with a trailer or other vehicle attached in tandem, when the tandem trailer or other vehicle exceeds 40 feet in length: $75.00 per trailer or vehicle attached in tandem. (Note: Towing services provided hereunder include cleaning of debris from roadway, pickup and towing of vehicle to any destination within the city limits.) (6) Oil dry: Included in towing services. (7) Righting: Two-axle vehicle weighing 26,000 lbs. or less—$200.00 for the first hour and prorated in ten minute increments thereafter based on $200.00 per hour. (For example, if righting a vehicle takes one hour and 38 minutes, the total charge would be $200.00 + $133.33 = $333.33) If a second wrecker is required to attach to the vehicle simultaneously with the first wrecker in order to right the vehicle, the second wrecker may charge $100.00 for the first hour and prorated in ten minute increments thereafter based on $100.00 per hour. (8) Righting: Two-axle vehicle weighing 26,001 pounds or more, or any vehicle with more than two axles—$450.00 for the first hour and prorated in ten minute increments thereafter based on $450.00 per hour. If a second wrecker is required to attach to the vehicle simultaneously with the first wrecker in order to right the vehicle, the second wrecker may also charge $225.00 for the first hour and prorated in ten minute increments thereafter based on $225.00 per hour. (9) Winching: Two-axle vehicle weighing 10,000 pounds or less—$75.00 for the first hour and prorated in ten minute increments thereafter based on $75.00 per hour. If a second wrecker is required to attach to the vehicle simultaneously with the first wrecker in order to wench the vehicle, the second wrecker may also charge $75.00 for the first hour and prorated in ten minute increments thereafter based on $75.00 per hour. (10) Winching: Two-axle vehicle weighing 10,001 pounds through 26,000 pounds—$200.00 for the first hour and prorated in ten minute increments thereafter based on $200.00 per hour. If a second wrecker is required to attach to the vehicle simultaneously with the first wrecker in order to wench the vehicle, the second wrecker may also charge $200.00 for the first hour and prorated in ten minute increments thereafter based on $200.00 per hour. (11) Winching: Two-axle vehicle weighing 26,001 pounds or more, or any vehicle with more than two axles—$350.00 for the first hour and prorated in ten minute increments thereafter based on $350.00 per hour. If a second wrecker is required to attach to the vehicle simultaneously with the first wrecker in order to wench the vehicle, the second wrecker may also charge $350.00 for the first hour and prorated in ten minute increments thereafter based on $350.00 per hour. (Note: For the purposes of this section, winching shall be defined as the removal of a vehicle, trailer or other piece of equipment from a location inaccessible to a wrecker to a location where the object of removal may be safely secured and towed by a wrecker. Winching shall not include any incidental or routine winching necessary to load any vehicle onto the wrecker. Second wrecker fees may only be charged when it is necessary that both wreckers are hooked to the vehicle, and pulled in tandem, to right or winch the vehicle safely.) (12) Righting or lifting vehicle by airbag, per pound lifted: $0.035. (13) Forklift, backhoe, trackhoe, and any other necessary recovery equipment services shall be at commercial rental rates plus ten percent per hour (not including operator). (14) No keys to vehicle: Included in towing services. (15) Passenger vehicle storage rates: a. First day: $40.00. (The first day ends at midnight on the day that the vehicle was towed.) b. Each day thereafter: $40.00. (Beginning at midnight on the day after the vehicle was towed.) (16) Large haul storage rates: a. $100.00 per day, per piece. (17) Tows to locations outside the city limits only: a. Regular haul: The per mile rate shall be $5.00. b. Large haul: The per mile rate shall be $8.00. (18) Gate fee, including any fee to bring a vehicle from the storage lot to a vehicle owner, or allowing a vehicle owner to retrieve personal belongings or other items from a vehicle, as set forth in section 25-90(4) of this Code during regular business hours: No charge. After-hours i.e., times other than Monday through Friday, 8:00 a.m. to 5:00 p.m.: $50.00. (19) No fees incurred by the wrecker company to report or enter vehicle information on the ALDOR unclaimed/abandoned vehicle portal may be charged if the vehicle is redeemed or returned to the owner or his designee within two calendar days. After two calendar days, no more than $75.00 may be charged for fees associated with reporting or entering vehicle information on the ALDOR unclaimed/abandoned vehicle portal. (20) Credit card payments allowed. Each wrecker company shall be required to allow cash, credit and/or debit card payments for services rendered pursuant to the rotation roster. (21) No fee may be charged for debit card payments. No more than a three percent transaction fee may be charged for credit card payments. (b) The rates and charges as established herein do not relate to or regulate consensual wrecker services in which the vehicle's owner or operator expressly requests towing or wrecker services from a specific wrecker operator and chooses not to utilize the rotation roster system. (Ord. No. 25-310, §§ 18, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-95 Temporary removal from the rotation roster.

Sec. 25-95. - Temporary removal from the rotation roster. Wrecker companies shall be immediately removed from the roster for the following reasons: (1) Failure of a wrecker to continue to meet the requirements established in section 25-75; (2) Failure of a wrecker to continue to meet the requirements established in section 25-89; and/or (3) Failure to accept a motorcycle tow shall not constitute a refusal, but will be that company's call for that rotation of the roster. After a wrecker company has corrected the violation for which it was removed, the wrecker company may reapply for inclusion on the rotation roster using the procedures established in section 25-89. Three removals of a wrecker company's name from the rotation roster, or conviction of the owner of the wrecker company of a felony, or any criminal conviction of the owner or any employee of the wrecker company for a criminal violation related to the wrecker business shall be sufficient grounds for the permanent revocation of any and all wrecker rotation roster permits issued to such company by the city. (Ord. No. 25-310, §§ 19, 21—26, 4-24-2025)

Huntsville Code of Ordinances § 25-96 Suspension from the rotation roster.

Sec. 25-96. - Suspension from the rotation roster. (a) Upon receipt of proof satisfactory to the chief of police, that any wrecker company has violated any of the provisions of this chapter related to the rotation roster, or any other ordinance of the city or law of the state or the United States, the chief of police may, in his discretion, immediately remove such wrecker company's name from any or all rotation rosters for such length of time as set forth herein regardless of whether the violation has been corrected. Suspension hereunder shall be established pursuant to the following criteria: (1) First violation: 15-day suspension. (2) Second violation: 30-day suspension. (3) Third violation: 60-day suspension. (b) Three suspensions or removals of a wrecker company's name from the wrecker rotation roster, or conviction of the owner of the wrecker company of a felony, or any criminal conviction of the owner or any employee of the wrecker company for a criminal violation related to the wrecker business shall be sufficient grounds for the permanent revocation of any and all wrecker rotation roster permits issued to such company by the city. (c) In the event that suspension or revocation of permits is contemplated against any wrecker company, the police department shall have the authority to require the wrecker company to make available to the chief of police or his designee any and all books and records of the wrecker company pursuant to any investigation of violations of this chapter by the police department. (Ord. No. 25-310, §§ 20—26, 4-24-2025)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH25TRVE_ARTIIADEN_DIV2VETOIMFetched: 11/6/2026