Applications and conditions for participation in city wrecker rotation system.
Huntsville Code of Ordinances § 25-89
in effectSec. 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)
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_DIV2VETOIM_S25-89APCOPAWRROSYFetched: 11/6/2026