§ 126-62. Fee schedule—Adoption; notice; public hearing.

(a)

When any recommendation with respect to the fee schedule is submitted to the board of commissioners by the department of public safety, the board of commissioners shall take action with respect thereto by way of a public hearing, giving at least three days' notice to the public and to all zone holders affected thereby of such hearing. After such hearing, the board of commissioners may take such action as it deems appropriate.

(b)

Upon adoption by the board of commissioners of such fee schedule or amendments thereto, no zone holder shall charge fees or prices for public calls in excess thereof for any services performed under this article. Such fee schedule shall remain in full force and effect until changed pursuant to the provisions of this article.

(c)

A copy of any approved fee schedule or amendment shall be on file with the county clerk and with the county police department, and may be amended from time to time as determined by the board of commissioners. A copy of any approved fee schedule or amendment shall be furnished to each zone holder.

(d)

Each zone holder shall post in a conspicuous place on its premises a sign stating the following:

Note: The maximum fees which may be charged by wrecker services for removal and/or storage for public/police calls have been established by bid and/or a county ordinance. You are entitled to a copy of the fee schedule upon request. Inquiries and complaints concerning any fees charged should be made to the Cobb County Police Department Permits Unit.

(e)

Each zone holder shall furnish to any person so requesting a current copy of the fee schedule.

(f)

Other applicable requirements:

(1)

The investigating officer of the county police department will make a record of the time that a wrecker service spends at an incident location. The officer will note the time of arrival and the time of leaving either from his personal observation of such events or from evidence given him by the wrecker operator or other parties. These times shall be noted on the impound sheet.

(2)

The basic fees adopted on the fee schedule will cover all charges of the wrecker service from its place of business to the incident location, at the incident location and back to its place of business or any other location within the zone holder's zone requested by the vehicle owner. Should the owner of the vehicle request the vehicle to be towed to a location outside of the operator's zone, the fee will not be governed by the fee schedule. The fee schedule shall further provide for storage fees and administrative fees which may be charged in connection with a public call.

(3)

If a zone holder is requested to respond to a location for a police-related matter, and upon his arrival the wrecker service is refused by the owner of the vehicle, no charge can be made by the wrecker service for his response or his return to his place of business.

(4)

Should a mistake be made by the police department dispatcher in dispatching the wrong wrecker service, no charge can be made by the zone wrecker service who responds, nor will any charge be made for his return to his place of business.

(5)

During a declared state of emergency for the county, reduced fee schedules may be negotiated between the county and any zone provider so as to meet the needs of public safety, i.e., moving abandoned/vacated vehicles to allow access for emergency vehicles.

(Ord. of 7-26-94; Code 1977, § 3-25-37; Ord. of 9-12-95; Amd. of 2-22-11; Amd. of 2-23-16)

Editor's note

An amendment adopted Feb. 23, 2016 set out provisions adding subsection (f)(1). To preserve the existing subsections (f)(1)—(4), and at the editor's discretion, said provisions have been included herein as subsection (f)(5).