TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Joshua Hall, Police Attorney
DATE: February 24, 2025
RE:
Title
Wrecker Operators to Clear Debris From Accident Sites
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal I - The City of Fayetteville will be a safe and secure community.
Executive Summary:
At the request of City Council, the City Attorney’s Office researched whether the City could enact an ordinance requiring all wrecker/tow operators to clear debris from accident sites within the City of Fayetteville. Currently, there is no ordinance requiring such. However, wrecker operators on the City’s approved wrecker rotation list are required to clean debris from crash sites.
Background:
Fayetteville maintains a wrecker rotation list that the Police Department uses to have vehicles removed from the roadway following an accident. The rules and regulations for the operators on the wrecker rotation list require the wrecker operators to clean up debris from a crash site. However, if a motorist requests to call a wrecker company to conduct a private tow of a vehicle, the wrecker rotation list rules and regulations do not apply.
Pursuant to N.C.G.S. § 160A-174, a city may by ordinance define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate nuisances. Furthermore, N.C.G.S. § 160A-296 empowers municipalities to keep public streets, sidewalks, alleys, and bridges open for travel and free from unnecessary obstructions. The City of Durham has a similar ordinance.
Therefore, the City of Fayetteville may enact an ordinance requiring all wrecker/tow operators to clear debris from accident sites within the City of Fayetteville. However, the City should discuss how the ordinance will be enforced.
Issues/Analysis:
• The City of Fayetteville Code of Ordinances does not require all wrecker/tow operators to clear debris from accident sites and debris is often left in or near the roadway after accidents.
• The City will need to consider how the ordinance will be enforced effectively.
Budget Impact:
None known.
Options:
• Authorize the City Attorney’s Office to draft an ordinance for Council’s consideration.
• Do not authorize any further action.
Recommended Action:
Staff recommends that City Council authorize the City Attorney’s Office to draft an ordinance for Council’s consideration after the City determines how best to enforce any such ordinance.
Attachments:
N.C.G.S. § 160A-174
N.C.G.S. § 160A-296
City of Durham Ordinance