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Ord 034-99 4/20/1999., r•i ORDINANCE NO.`Gq ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY AMENDING ARTICLE XI, ESTABLISHING A WRECKER ROTATION SYSTEM AND REGULATIONS APPLICABLE TO WRECKER ROTATION BUSINESSES OPERATING WITHIN THE CITY OF WICHITA FALLS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Section 643.201 of the Texas Transportation Code authorizes a municipality to regulate the operation of wreckers to the extent allowed by federal law; and WHEREAS, the City Council finds that it is in the best interests of the City and the safety of its citizens to provide a wrecker rotation system. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Chapter 29, Article XI of the Code of Ordinances of the City of Wichita Falls shall be amended in its entirety to read as follows: ,,ARTICLE XI. WRECKER BUSINESS REGULATIONS 29 -256 Definitions 29 -257 Scope 29 -258 Emergency Aid Excluded 29 -259 Towing by Vehicle Other than Wrecker 29 -260 Permit Required; Application 29 -261 Equipment and Storage Facility Required 29 -262 Sworn Application and Permit Fee Required 29 -263 Insurance 29 -264 Issuance and Expiration of Permits 29 -265 Inspection of Wrecker Equipment 29 -266 Towing Fees 29 -267 Wrecker Rotation List; Operations 29 -268 Storage Fees /Charges 29 -269 Records 29 -270 Dispatch of Rotation Wreckers 29 -271 Police Officer not to Influence Selection of Wrecker Service 29 -272 Driving Wreckers to Scene of Collision Prohibited; Exceptions 29 -273 Duties of Permit Holders 29 -274 Administrative Dispositions of Violations 29 -275 Procedures for Administrative Disposition of Violations; Appeals 29 -276 Penalty 29 -277 Application of Conflicting Ordinances 29 278 Severability Sec 29 -256. Definitions Accident: Any occurrence which renders a vehicle wrecked or disabled as defined herein. Chief of Police: The Chief of Police for the City of Wichita Falls, or the person designated by him to act in his stead for the purposes of this Article. Disabled: The status of any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker. Motor Vehicle: Any motor driven or propelled vehicle, including motorcycles, required to be registered under the laws of the State of Texas. wn r: Any person who holds the legal title to a motor vehicle, or has the legal right of possession thereof. This does not include any person who has gained possession of a motor vehicle only as a result of wrecker services performed. P rmit: Authorization granted by the City under the provisions of this Article to tow wrecked or disabled vehicles from the public streets. Permit Holder: Any person possessing a current, valid permit to tow wrecked or disabled vehicles from the public streets. Person: An individual, corporation, partnership, joint venture, or an association. Police Pull: The designation of the occasion when the Police Department has called a wrecker company from the Wrecker Rotation List to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. Tow Truck: A motor vehicle equipped with a mechanical device used to tow, winch, or otherwise move another vehicle and which is registered as a tow truck under the provisions of Chapter 643 Texas Transportation Code. Rotation: The designation of the occasion when the owner of a wrecked or disabled vehicle fails to designate a specific repair place or wrecker operator to remove his vehicle and he has authorized the Police Department to call a wrecker from the Wrecker Rotation List. Street: Any street, alley, avenue, lane, public place, square or highway within the corporate limits of the City. Vehicle: Every device in, or upon, or by which any person or property is or may be transported or drawn upon a public highway, including, but not limited to, motor vehicles, but not including devices moved only by human power, or used exclusively on stationary rails or tracks. Storage Facility: The site to which a permit holder tows and stores motor vehicles which meets the requirements of the Texas Vehicle Storage Facility Act. Art. 6687 -9(a) V.A.C.S. Wrecker: Any motor vehicle used for the purpose of towing or removing vehicles. Wrecker Business: The business of towing vehicles not belonging to the towing wrecker company on a public street within the incorporated limits of the City of Wichita Falls for compensation, or with the expectation of compensation, including, but not limited to, compensation for towing, storage and repair. It does not include towing vehicle to a point outside the City of Wichita Falls when the owner of the vehicle requests that it be towed to a point outside the City, except as otherwise provided in this Article. Wrecker Company: Any person engaged in the wrecker business. Wrecker Rotation List: A list prepared in accordance with the provisions of this Article, of wrecker companies which have permits and have requested and qualified to appear thereon. Sec. 29 -257. Scope. The prohibitions and requirements of this chapter shall apply to all vehicles abandoned or disabled on public right of way and all accidents occurring on a street, regardless of whether or not the final resting place of a vehicle is upon a street immediately after the accident. Sec. 29 -258. Emergency Aid Excluded. The prohibitions and requirements of this chapter shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident. Sec. 29 -259. Towing by Vehicle other than Wrecker. Vehicles may be pushed or towed by another vehicle other than a permitted wrecker or tow truck only when they do not reasonably require removal by a wrecker or tow truck and only when such may be done in a safe and legal manner, and such removal is excluded from all coverage of this chapter except Section 29 -272 concerning solicitation. • •1 '- '-• �• `•• • (a) A wrecker company which desires to tow or remove wrecked or disabled vehicles from the public streets of Wichita Falls at the call or upon request of the Police Communications Center or its authorized agent shall obtain a permit from the City. (b) An applicant for a permit shall submit, on a form provided by the City, a verified application containing or accompanied by the following: (1) The true name, the trade name, location and mailing address, and telephone number or numbers of the towing entity; (2) The name, date of birth and home address of the applicant if a sole proprietorship; (3) The name, date of birth and home address of each partner if the applicant is a partnership; (4) The name, date of birth and home address of each corporate officer, if the applicant is a corporation; (5) The name, address and drivers license number of all wrecker drivers employed by applicant; (6) The location of applicant's storage facility and a photocopy of the Texas license for the facility; (7) A certificate from the City /County Tax Assessor - Collector that all City of Wichita Falls taxes on all properties, real and personal, to be used in connection with the applicant's business are current; (8) A certificate of liability insurance issued by a company authorized to do business in the State of Texas which identifies coverage in the amounts required under Section 29 -263; and (9) For each wrecker the applicant intends to utilize for police pulls: a. Its make, model, size and model year; b. Its vehicle identification number; c. Its Texas license plate number; d. Its Texas tow truck license plate number; and e. A photocopy of its certificate of registration issued by the Texas Department of Transportation. (c) No permit shall be transferred or assigned from any person to another. When any change of ownership or change of controlling interest occurs, the prior permit shall be null and void. An applicant for a permit or permit renewal shall own or lease: (a) Wreckers (1) Three (3) light duty wreckers, two (2) of which are at least 14,500 pounds Gross Vehicle Weight (GVW) and one (1) of which is at least 10,000 pounds Gross Vehicle Weight (GVW). Two of the light duty wreckers must be of the tilt bed roll back type or wheel lift type wreckers. (2) One (1) heavy duty wrecker having a total Gross Vehicle Weight (GVW) of not less than 26,000 pounds. (3) Each wrecker must be equipped with two -way communications equipment compatible with the radio communications equipment used to dispatch wreckers on the wrecker rotation list. (4) Each wrecker shall carry as standard equipment the following: one beacon ray light; three safety reflectors; one broom; one scoop shovel; trash container; heavy -duty steel chains (not less than five - sixteenths [5/16] inch links); one heavy duty tie rope ( one quarter [1/4] inch nylon); one dry chemical fire extinguisher ( one four [4] pound or two each, two (2) and three - quarters [2 -3/4] pound dry chemical fire extinguishers); universal towing sling; one four wheel dolly (except that tandem axle and roll back wreckers will not have to have dollies); a back -up and hook -up light; one red safety towing light, and a wrecker bar. (5) Each wrecker shall have the name, city and state of the permit holder, as shown on its permit, on each side of the wrecker. The name, city and state shall appear in letters at least three (3) inches high, which are permanently affixed and legible and on a contrasting background. (b) Storage Facility Applicant must own or have exclusive use of a storage facility licensed under the Texas Vehicle Storage Facility Act, Art. 6687 -9(a) V.A.C.S. The facility shall be located within the corporate limits of the City and shall be large enough to store fifty (50) vehicles. It must be completely enclosed with adequate fencing, locks, and other security devices as necessary to maintain security of stored vehicles. Sec. 29 -262. Sworn Application and Permit Fee Required. Every application or renewal shall be sworn to by the applicant or permii holder and shall be accompanied by payment of a fee of eight hundred fifty dollars ($850.00). The fee for a permit issued for a period of time shorter than one year shall be prorated. Sec. 29 -263. Insurance. All wrecker companies having permits shall carry general liability coverage in the amount of one million dollars ($1,000,000) and workers compensation or accidental insurance in the amounts required by Chapter 643 Texas Transportation Code. Sec. 29 -264. Issuance and Expiration of Permits. (a) The City shall issue a permit to all applicants complying with the provisions of this Article unless legal grounds exist for denying such a permit. (b) Each permit shall expire at midnight on December 31 of the calendar year of issuance, and will be renewable only upon compliance with the provisions of this Article and any other applicable laws, ordinances or regulations which should be in effect at the time of renewal application. Any person seeking a renewal of a permit for the next calendar year may apply for renewal between November 15 and December 15 of the calendar year in which the permit was issued. Renewed permits shall become effective January 1 of the next calendar year. Sec. 29 -265. Inspection of Wrecker Equipment. Any permit holder or applicant, by virtue of making application therefore, agrees to allow during normal working hours, the inspection of wreckers, wrecker equipment and storage facilities. This authority shall be cumulative of any other authority held by the Chief of Police, other law enforcement officials, or other legally authorized public officials. Sec 29 -266. Towing Fees. C Permit holders are authorized under this Article to charge the following towing fees: (a) Light Duty Wreckers. A charge not to exceed forty -five ($45.00) Dollars for towing such vehicle from one point on a street to another location within the corporate limits of the City as a police pull. (b) Extra Work. An additional Twenty ($20.00) Dollars per hour may be charged for light duty wreckers in the event the vehicle to be towed is located in some unusual condition such as, but not limited to, a river or a creek bed or a ditch of greater depth than an ordinary bar ditch. The extra charge shall begin one hour from time of dispatch. For fee calculation, fractions of an hour may not be considered a full hour; one - quarter (1/4) of an hour shall be the smallest fraction permitted for such calculation. (c) Heavy Duty Wreckers. A charge for the use of a heavy -duty (26,000 pound GVW) wrecker shall not exceed ninety Dollars ($90.00) per hour for towing such vehicle from one point on a street to another location within the corporate limits of the City as a police pull. No heavy -duty wrecker shall be used unless such use is approved by a police supervisor at the scene of a pull. (d) Extra Equipment/Labor: In the event the permit holder is required to rent or lease a piece of equipment, which is not required in the normal operation of a wrecker business, the actual cost for lease or rental of such equipment/labor may be passed on to the vehicle owner. (e) No Other Charges. Permit holders shall charge no fees for the towing of vehicles except as authorized by this section. Sec 29 -267 Wrecker Rotation List; Operations. The Police Department shall establish and maintain in alphabetical order a list of wrecker permit holders which shall be known as the wrecker rotation list. (a) When the police investigating a collision determine that any vehicle involved in a collision is unable to safely proceed under its own power, or when the police officer determines that the driver of any vehicle involved in a collision is physically unable to safely move the vehicle to a location where it will not create a traffic hazard, such officer shall request the driver to designate a permit holder or tow truck operator of the driver's choice to remove the vehicle. (1) When the designation has been properly made, the police officer shall communicate the name of the designated permit holder or tow truck operator to the Police Communications Center or its authorized agent. (2) The Police Communications Center or its authorized agent shall cause the designated permit holder or tow truck operator to be called and directed to the scene. (b) If the owner of a vehicle is physically unable to designate a permit holder or tow truck operator to remove the vehicle, or he fails or refuses to designate one, or has no preference, then the police officer shall communicate that fact immediately to the Police Communications Center or its authorized agent. The Police Communications Center or its authorized agent shall then call the permit holder next in line on the wrecker rotation list and request the permit holder to tow the vehicle from the scene. After the last permit holder on the list has been called, the next such call shall go to the first permit holder on the list. (c) If the permit holder after arrival at the scene determines, in conjunction with the police officer in charge, that assistance is needed, then the permit holder on site shall dispatch immediately another wrecker of his choice. (a) Permit Holders. A permit holder may charge the owner of the vehicle a storage fee and other charges as permitted by 43 Texas Administrative Code, Chapter 18, Subchapter G, Sec. 18.93. (b) City Impound. The City may charge the owner of the vehicle a storag3 fee of Fifteen Dollars ($15.00) per day computed on a basis of twenty -four (24) hours, commencing with the time the vehicle is placed in the impound facility operated by the City. In addition to the storage fees, the City may charge an administrative fee of Ten Dollars ($10.00) to cover the costs of preservation and evidentiary processing of stored vehicles. All fees shall be paid prior to the vehicle being released. Should the owner and all lien holders of record not reclaim the motor vehicle within the time period prescribed by law, the motor vehicle shall be deemed abandoned and used or sold in accordance with the requirements of Chapter 683 Texas Transportation Code. • • • - • • The permit holder shall maintain complete and accurate records of the towing, receipt, storage, release, and disposal of all vehicles. Upon releasing any vehicle, the permit holder shall issue a receipt to the recipient which shall be from a consecutively numbered receipt book with triplicate copies, or such other receipt form as approved by the City. Receipts and other records shall be available to the City upon request. The permit holder shall furnish, on the first day of each month, to the Police Department, a complete inventory of all vehicles in his possession that were towed under the provisions of this Article. The permit holder shall furnish the City a monthly invoice for charges for towing vehicles to the City impound facility and said invoice shall be paid within thirty (30) day of its receipt. The forms used by the permit holder must be approved by the Police Department. Sec. 29 -270. Dispatch of Rotation Wreckers. The City of Wichita Falls Police Communications Center may dispatch the wrecker companies listed on the wrecker rotation list or may enter into a contract with an agent who is properly equipped with two -way radio communications equipment and with twenty -four (24) hours a day, seven (7) days a week telephone answering service, which agent shall be responsible for dispatching wrecker companies on the wrecker rotation list. Sec. 29 -271. Police Officer not to Influence Selection of Wrecker Service. A police officer investigating or present at the scene of any wreck or collision shall not directly or indirectly recommend to any person the name of any wrecker company engaged in the wrecker business; nor shall any such police officer influence or attempt to influence in any manner the decision of any person on choosing or selecting a wrecker company.. Sec. 29 -272. Driving Wreckers to Scene of Collision Prohibited Exceptions. No person shall drive or cause to be driven, a wrecker or tow truck to or near the scene of a collision on a street in this City unless such person has been called to the scene by the Wichita Falls Police Communications Center or its authorized agent or by a party involved in the collision; provided, that in an emergency, when it appears necessary to prevent death or bodily injury to any person involved in a collision, the prohibition of this section shall be inapplicable. Sec. 29 -273. Duties of Permit Holders. (a) It shall be the obligation of all permit holders under this Article to operate wrecker businesses so as to provide safe and prompt removal of wrecked, disabled or police pull vehicles when properly called upon to do so in accordance with the provisions of this Article. (b) The duty to provide safe and prompt wrecker service upon call includes, but is not limited to, the following specific duties: (1) Upon receiving a call from the Police Communications Center or its authorized agent, the permit holder shall dispatch the requested wrecker to the desired location. The permit holder shall provide motor vehicle towing service within thirty (30) minutes for light duty wreckers and one (1) hour for heavy duty wrecker, from the initial request for service by the City. The permit holder shall be available on a seven (7) days a week, twenty four (24) hours a day basis. (2) Upon arrival at the scene of a collision within the incorporated limits of the City of Wichita Falls, wrecker company personnel shall take directions from the police officer investigating that collision. (3) Wrecker company personnel of a permit holder which hauls any vehicle from the scene of a collision within the incorporated limits of the City of Wichita Falls shall remove the debris of collision from the public streets. This duty specifically includes removal of broken glass and metal fragments from the street, and the removal of any load of any vehicle from the traveled portion of the street so as to eliminate any hazard to vehicular traffic. This does not include responsibility to unload cargo from the wrecked vehicle in order to permit hauling. Debris should be disposed of in a manner which will keep it out of gutters, storm sewers, streams, public right -of- ways and property not belonging to the wrecker company, without the consent of the property owner. The officer on the scene of an accident may provide assistance in locating a place for disposal of such debris. (4) Any permit holder on the wrecker rotation list must tow to a place designated by the owner unless the owner of the vehicle is disabled by physical injury and is therefore unable to designate a location for the vehicle to be towed; the permit holder shall then store the vehicle in the impound facility operated by the City of Wichita Falls, or a licensed vehicle storage facility. In all cases, the officer on the scene shall have the authority to require the vehicle to be towed to the City of Wichita Falls impound facility. (5) No permit holders shall store any vehicles or wreckers on the public streets or right -of -ways. Permit holders shall use reasonable care in the storage of property not belonging to said permit holders so as to minimize the risk of theft or damage. (6) All permit holders shall comply with all ordinances of the City of Wichita Falls, including, not limited to, the fire prevention code, the traffic ordinances, the criminal ordinances, etc. Failure to do so will subject a permit holder to administrative penalties as set out in this Article, in addition to other civil remedies or penal provisions of the statutes or ordinances in question. (7) All permit holders shall at all times comply with all rules pertaining to minimum safety standards for the operation of tow trucks adopted by the Texas Department of Transportation, pursuant to, Chapter 643, Texas Transportation Code. (8) No permit holder shall employ a driver who has been convicted of any felony within the preceding five (5) years. Sec. 29 -274. Administrative Disposition of Violations. In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any provision of this Article, the Chief of Police shall have, as to the holders of any permit , or as to any applicant therefore, the duty and authority to enforce the provisions of this Article by administrative action in accordance with the principles and procedures set forth hereinafter: (a) The proper and safe functioning of the wrecker business has critical impact on the health, safety and welfare of the public, involves use of the public streets of the City of Wichita Falls, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on said streets; therefore, the privilege of any person to be a permit holder operating a wrecker company in the City of Wichita Falls shall be subjected to strict regulation in order to protect the public. (b) For purposes of invoking any administrative remedy against a permit holder, the acts or omissions of any agent or employees of said permit holder shall be considered to be the acts or omissions of said permit holder. (c) Grounds for suspension or revocation of a permit include: Any three (3) of the following offenses without justifiable cause during the permitted year. 1. Late or Pass on Rotation- Failure to respond within the time allotted by this Article, or refusal to respond; 2. Failure to properly clean up debris at the accident scene; or 3. Failure to comply with record keeping requirements of this Article. Any of the following offenses are cause for automatic permit revocation at the discretion of the Chief of Police: 1. Failure to respond. Failure to respond after notification and confirmation of such notification; 2. Failure to maintain a fleet of wreckers in compliance with this Article; 3. Driving any wrecker to or from the scene of a collision in a manner which endangers the life or safety of any person; 4. Failure to maintain in effect any insurance required by this Article; 5. Failure to maintain a licensed storage facility as required by this Article; 6. The knowing employment and use of any driver who has been convicted of any felony within the preceding five (5) years; or 7. Charging a fee in excess of the amounts authorized by this Article. Sec. 29 -275. Procedures for Administrative Disposition of Violations: Appeals. (a) Suspension or revocation of the permit issued under this Article may be accomplished by the Chief of Police after a hearing before the Chief of Police. Notice of hearing, administrative action which may be taken, and the ground therefore, shall be given to the permit holder ten (10 ) days prior to the hearing. Mailing of said notice to the last known business address of said permit holder shall constitute sufficient notice. Suspension or revocation of the permit shall be accomplished by notice in writing to the permit holder which states that the suspension or revocation of the permit has occurred. Such notice shall be given within ten (10) days of such suspension or revocation. Appeals from an adverse ruling by the Chief of Police shall be made in writing to the City Manager within twenty (20) days of such suspension or revocation and not thereafter, and such appeals shall be determined by the City Manager after a hearing before the City Manager or his representative, of which the permit holder has had reasonable notice. Written notice of the ruling by the City Manager shall be mailed or given to the permit holder within thirty (30) days of the date the written appeal is r received by the City Manager. The City Manager shall have authority upon hearing of the appeal to reverse, vacate, sustain or modify the order of suspension or revocation. (b) Such revocation of a license or permit shall terminate all authority and permission heretofore granted. Any person whose license or permit has been revoked shall not be eligible to again apply for a license or permit for a period up to one year from the date of a revocation. Sec. 29 -276. Penalty. The violation of any provision of this Article is hereby declared to be unlawful and upon conviction, the violator shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars. Each twenty -four (24) hours period shall constitute a separate offense for the violation of this Article. Sec. 29 -277. Application of Conflicting Ordinances. All ordinances of the City of Wichita Falls, Texas, in conflict with this ordinance, are hereby declared inapplicable to the extent that they conflict with the provisions of this Article. Sec 29 -278 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance." PASSED AND APPROVED this the 20th day of April, 1999. ATTEST: City Clerk M A Y P R Affidavit of Publication ORDINANCE NO. 33-99 ORDINANCE WAIVING THE STATE OF TEXAS SEC. 22- I(A)(3) AND #108547 SEC. 22 -1 (A)(9) OF COUNTY OF WICHITA THE CODE OF ORDI- NANCES TO PERMIT VEHICLES ON THE ig Here) I GRASS AND POSTING OF SIGNS, FOR LARRY On this day Of may I BRUMBELOW DURING AN EVENT TO BE HELD APRIL 24, 1999 j IN LUCY PARK; DE-. 1999 TERM 1 N I N G THAT A,D............. personally appeared before me, the undersigned authority THE MEETING AT WHICH THIS ORDI -' bth) S "an NANCE WAS PASSED bookkeeper WAS OPEN TO THE PUBLIC AS REQUIRED for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls BY LAW ORDINANCE NO.34 -99 Times /Record News, a newspaper published at Wichita Falls in Wichita County, ORDINANCE AMEND- ING CHAPTER 29 OF Texas, and upon being duly sworn by me, on oath states that the attached THE CODE OF ORDI- NANCES WIC OF THE CITY advertisement is a true and correct co of advertising published BY AMNDING OF WICHITA FALLS PY g P CLE XI ES ABLIR HI- in one issues thereof on the following dates: ING A WRECKER ROTATION SYSTEM AND REGULATIONS May 21 11JIt APPLICABLE TO WRECKER ROTATION BUSINESSES T- ING WITHIN THE HE CI CITY OF WICHITA FALLS; DETERMINING THAT e_ IT HE M E E T I N G AT, Bookkeeper for Times ublishing Company WHICH THIS ORDI -' CNANCE WAS PASSED Of Wichita Falls OPEN TO THE IC AS REQUIRED W Subscribed and sworn to before me this the day and year first above written: -fir J s