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Ord 017-85 2/5/1985 • • ORDINANCE NO. 17-85 ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY AMENDING ARTICLE XI , ESTABLISHING A COMPREHEN- SIVE SET OF REGULATIONS APPLICABLE TO WRECKER BUSINESSES OPERATING WITHIN THE CITY OF WICHITA FALLS; DEFINING TERMS; TYPES OF ACCIDENTS COVERED; CERTAIN EXCEPTIONS: PROVIDING FOR PERMITTING OF WRECKER BUSINESSES AND YEARLY FEES; PROVIDING FOR INSPECTION AND CERTIFICATION OF WRECKERS AND FEES; REQUIRING THE MARKING OF WRECKERS WITH BUSINESS OR OWNERSHIP IDENTIFICATION; REQUIRING INSURANCE TO BE CARRIED BY WRECKER SERVICES; REQUIRING PERMITS AND CERTIFICATION TO BE SHOWN ON DEMAND; PROVIDING FOR THE REMOVAL OF WRECKED , DISABLED AND POLICE PULL VEHICLES; PROVIDING A WRECKER ROTATION LIST WITH A MAXIMUM NUMBER ALLOWABLE; PROVIDING FOR A WAITING LIST FOR PLACES ON THE WRECKER ROTATION LIST; PROHIBITING THE SOLICITA- TION OF WRECKER BUSINESS ON PUBLIC STREETS; PROHIBITING THE INTERRUPTION OF POLICE RADIO BROADCASTS; PROMULGATING CERTAIN DUTIES OF PERMITTEES; REGULATING EEES AND CHARGES FOR WRECKER SERVICES; SETTING STORAGE AND IMPOUND FEES; REQUIRING CERTAIN VEHICLES TO BE REMOVED TO THE CITY IMPOUND YARD; PROVIDING PROCEDURES FOR ADMINISTRATIVE AS WELL AS JUDICIAL ENFORCEMENT OF THESE PROVISIONS; PROVIDING A PENALTY OF SUSPENSION OR REVOCATION OF A PERMIT; PROVIDING A PENALTY OF A MAXIMUM FINE OF $200. 00 ; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS , THAT : SECTION A. 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 Permits Required; Application § 29-261 Sworn Application and Inspection Fee Required § 29-262 Insurance § 29-263 Certification of Wreckers § 29-264 Issuance and Expiration of Permits and Certifi- cates § 29-265 Inspection of Wrecker Equipment and Storage Facilities used in Wrecker Business; Display of Permit § 29-266 Wrecker Rotation Lists; Collection and Payment of Fees § 29-267 Dispatch of Rotation Wreckers through an Authorized Agent § 29-268 Dispatch of Rotation Wreckers through Police Communications Center § 29-269 Police Officer not to Influence Selection of Wrecker Service § 29-270 Driving Wrecker to Scene of Collision Prohibited; Exceptions § 29-271 Duties of Permit Holders § 29-272 Administrative Disposition of Violations § 29-273 Procedures in Administrative Disposition of Violations; Appeals § 29-274 Penalty § 29-275 Application of Conflicting Ordinances Sec. 29-256 . Definitions Accident : Any occurrence which renders a vehicle wrecked or disabled as defined herein. Certificate: Authorization Granted by the Chief of Police under the provisions of this article, to use a designated vehicle as a wrecker. 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 has 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 vehicle which is self-propelled; this does not include motor-assisted bicycles as defined by the laws of the State of Texas . - 2 - Owner: 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. Permit: Authorization granted by the Chief of Police 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 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. 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 this vehicle and he has authorized the Police Department to call a wrecker from the rotation list. Street: Any street, alley, avenue, lane, public place, square or highway within the corporate limits of the City. Vehicle: Every devide 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. Vehicle Depository: The site to which a permit holder tows and stores motor vehicles. The site may consist of one lot or more, but all said lots must be contiguous . 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 incor- porated 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 a 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. - 3 - 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, and which maintain certified wreckers . Sec. 29-257 . Scope. The prohibitions and requirements of this chapter shall apply to all accidents occurring on a street, regardless of whether or not the final resting place of a vehicle is upon a street imme- diately g p p diately after the accident. This section shall be construed to include those accidents in which a vehicle, immediately before becoming wrecked or disabled, was either driven off a street intentionally, because of some real or imagined emergency, or maliciously or suicidally, or was driven off a street unintentionally or left on the street driverless. 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 only when they do not reasonbly require removal by a wrecker and only when such may be done in a safe manner , and such removal is excluded from all coverage of this chapter except Section 29-270 concerning solicitation. Sec. 29-260. Permits Required; Application. (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 the authorized agent shall obtain a permit from the Chief of Police. (b) An applicant for a permit shall submit, on a form provided by the Chief of Police , 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 number and types of wreckers proposed to be operated; - 4 (3) The true owners of the towing entity, their location and mailing addresses and telephone numbers; (4) A certificate from the City 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; and, (5) A certificate of public liability and property damage insurance issued by a casualty company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance , containing a provision that at least ten (10) days prior notice of material change or of cancellation of said insurance shall be given to the City Manager of the City of Wichita Falls, by the insurance company, and providing that the amount of coverage shall comply with the limits set forth in Section 29-262 of this article. (c) A permit, when granted, shall be permanently displayed at the permit holder' s place of business . (d) 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. Sec. 29-261. Sworn Application and Inspection Fee Required. Every application, when filed, shall be sworn to by the applicant thereof and accompanied by payment of a fee as follows: For those making an application or a renewal request under 29-264 to engage in the wrecker business, an inspection fee in the sum of Twenty-Five ($25 .00) Dollars for each wrecker proposed to be operated; No fee paid shall be returnable. Sec. 29-262 . Insurance. All wrecker companies having permits shall carry bodily injury liability and property damage liability insurance in the following minimum amounts: - 5 - • For damages arising out of bodily injury to or death of one person in any one occurrence . . . . . . . $100 ,000 . 00 For damages arising out of bodily injury to or death of two (2) or more persons in any one occurrence. . . $300 ,000. 00 For damages to or destruction of property in any one occurrence . . . . . . . . . . . . . . . $ 50 , 000 .00 Sec. 29-263 . Certification of Wreckers . (a) Any permit holder desiring that a specified vehicle be certified as a wrecker for purposes of removing wrecked or disabled vehicles from the public streets shall do the following: (1) Submit a request for certification on a form provided by the Chief of Police, and pay the inspection fee required by Section 29-261; (2) Submit a copy of the manufacturer ' s certificate, if the wrecker unit has such a certificate , for each vehicle for which certification is sought; (3) Submit a certificate or certificates that each proposed vehicle is insured as per the appropriate requirements of this article; (4) Submit a certificate, or verify in writing that no City of Wichita Falls taxes are presently due on any property owned by or used by the wrecker business for which certification is sought; (5) Submit each vehicle for inspection by the Chief of Police. (b) Wreckers shall meet the following minimum requirements to be certified: (1) Shall not be less than one (1) ton in capacity, as reflected on the manufacturer' s certificate. If the unit does not have a manufacturer ' s certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the Chief of Police; (2) Shall be equipped with booster brakes; (3) Shall be in such condition that it can safely and reliably be used as a wrecker; (4) Shall be equipped with a power-operated winch, winch line and boom, with rated or tested lifting capacity of not - 6 - • less than eight thousand (8 , 000) pounds single-line capacity. If the unit does not have an established factory-rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the Chief of Police . (5) Shall carry as standard equipment the following: one yellow 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 (2) two and three-quarter [2-3/4] pound dry chemical fire extinguishers) ; universal towing sling; one four-wheel dolly (except that tandem axle wreckers will not have to have dollies) ; a back-up and hook-up light; one red safety towing light, and a wrecker bar. (c) Heavy-duty wreckers shall meet the same requirements as in Subsection (b) , unless this subsection specifies a different requirement; (1) Shall not be less than two (2) tons in capacity, as reflected on the manufactuer' s certificate, then the minimum capacity of the wrecker will be determined by a testing procedure approved by the Chief of Police; (2) Shall be equipped with a power operated winch, winch line and twin boom, with a rated or tested lifting capacity of not less than ten thousand (10 , 000) pounds single-line capacity. If the unit does not have an established factory-rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the Chief of Police. (d) Each wrecker, which is inspected and certified, shall have the name of the permit holder , as shown on its permit, on each side of the wrecker. The name shall appear in letters at least three (3) inches high, which are permanently affixed and legible and on a contrasting background. (e) A certificate may be evidenced by a windshield sticker, or other device which the Chief of Police finds will enhance enforcement of this article. Sec. 29-264 . Issuance and Expiration of Permits and Certificates. (a) The Chief of Police shall issue a permit to all appli- cants complying with the provisions of this article, and shall issue a certificate for all wreckers so complying upon proper application - 7 - being made therefore, unless legal grounds exist for denying such a permit or certificate. (b) Each permit and certificate 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 the renewal application. Any person seeking a renewal of a permit or certificate 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 or certificates shall become effective on January 1 of the next calendar year. Sec. 29-265 . Inspection of Wrecker Equipment. (a) Any permit holder or applicant, by virtue of making application therefore, agrees to permit 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 . (b) Wrecker operators and wrecker company owners shall display the City of Wichita Falls permit to engage in rotation wrecker service issued to individual operators or owners upon demand of a Magistrate or any officer of a court of competent juris- diction or any peace officer, or any person requesting towing ser- vice from that wrecker company or wrecker operator. Sec. 29-266 . Wrecker Rotation Lists ; Collection and Payment of Fees. (a) The Wichita Falls Police Department shall establish and maintain in alphabetical order a list of wrecker permit holders which shall be known as the wrecker rotation list. The rotation list shall not contain more than fifteen (15) permit holders. The list shall first consist of all permit holders on the date of passage of this ordinance. Application for any vacancies and for the purpose of establishing a waiting list for future vacancies shall be accepted by the Chief of Police for twenty (20) days from the passage hereof . Ten (10) days thereafter, the Chief of Police or his agent shall draw the names of all qualified applicants to establish the wrecker rotation list and the order in which the remaining applicants shall be placed on the wrecker rotation list waiting list. All subsequent qualified applicants shall be placed after the last name on the waiting list in the order proper applications were received. - 8 (b) A permit holder is qualified to be on such list if : (1) He maintains at least one certified wrecker; and, (2) He maintains twenty-four (24) hour wrecker service and has no more than two (2) telephone numbers, which numbers are answered twenty-four (24) hours a day, seven (7) days a week. The use of a telephone answering service shall be permitted, provided that if such a service is used, the failure of a permit holder to communicate with the Police Communications Center or its authorized agent within five (5) minutes following a call requesting a dispatch of a certified wrecker, confirming that the permit holder shall immediately dispatch a certified wrecker to the desired location, will result in a forfeiture by that permit holder of that call; and, (3) His wrecker (s) are equipped with two-way radio communications equipment compatible with the radio communications equipment used to dispatch wreckers on the wrecker rotation list. (4 ) Has an established uniform fee for each service rendered standard passenger automobiles and trucks (one ton maximum) and for larger trucks not in excess of each of the following: (A) Towage 1) A charge up to a maximum of 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 designated by the owner or operator of the vehicle. 2) For all tows which are designated as police pulls, the charge shall be a maximum of Thirty-Five ($35 . 00) Dollars for towing such vehicle from one point on a street to another location within the corporate limits of the City, as designated by the police department at the place where the tow originated. (B) Extra Work. An additional Twenty ($20 . 00) Dollars per hour may be charged for removing vehicles which are off the street right-of-way, such extra charge to begin after one hour on the scene . This additional charge may also be made in the event the car is located in some unusual condition within the right-of-way, such as, but not limited to, a river or creek bed or a ditch of greater depth than an ordinary bar ditch. 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. An additional $20 . 00 may be charged by the wrecker company if dollies are required or it is necessary to drop the drive shaft of the vehicle. - 9 - (C) Two-Ton Wreckers. A charge for the use of a heavy-duty (two-ton) wrecker shall not exceed Fifty Dollars ($50 . 00) per hour , such time to begin accruing upon arrival at the scene. No heavy-duty (two-ton) wrecker shall be used unless such use is approved by a police supervisor at the scene of a pull. (D) Making Vehicle Operable . Wrecker drivers at the scene of an accident , when directed by the police officer in charge, shall "pull" a fender and/or bumper in order to make a vehicle operable for a fee of Fifteen Dollars ($15 .00) per vehicle in lieu of the standard fee collected. All fees for making vehicles operable are payable at the scene. A receipt will be issued for each such fee collected. The police officer investigating the inci- dent shall rpomptly notify the Police Communications Center or its authorized agent that towing is not required and that wrecker shall maintain its position as next wrecker on the rotation list. (c) 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 desig- nate a permit holder 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 to the Police Communications Center or its authorized agent. (2) The Police Communications Center or its authorized agent shall cause the designated permit holder to be called and directed to send to the scene of the collision a certified wrecker. (d) If the owner of a vehicle involved in a collision is physically unable to designate a permit holder 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 after the last permit holder so called and requests the permit holder to tow the vehicle from the scene of the collision. After the last permit holder on said list has been called, the next such call shall go to the first permit holder on said list. (e) If the permit holder after arrival at the scene determines , in conjunction with the police officer in charge, that assistance is needed, then the police officer shall communicate that fact immediately to the Police Communications Center, or its authorized agent , which shall proceed under paragraph (e) of this section. - 10 - (f) Failure of any permit holder selected under paragraphs (d) or (e) of this section to deliver a wrecker to the scene within thirty (30) minutes of notification without justification acceptable to the Police Communications Center or its authorized agent, shall cause the permit holder to forfeit that call. If selection of the permit holder occurred under paragraph (d) of this section, then the Police Communications Center or its authorized agent shall proceed as it would under paragraph (e) of this section, so notifying the requesting police officer. (g) In addition to a Ten Dollar ($10 .00) administrative fee to cover costs of preservation and notification for all stored vehicles, the City of Wichita Falls shall charge a storage fee of Five Dollars ($5 .00) per day with each day commencing with the time the vehicle is placed in storage. Commencing with the second twenty-four (24) hour period of storage, the City of Wichita Falls shall charge a storage fee of Five Dollars ($5 .00) per day, computed on a basis of twenty-four (24) hours . 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 by the twentieth (20th) day after notice of custody has been mailed by the police department , pursuant to Vernon ' s Ann. Civ. St. Art. 4477-9 (a) § 5 . 03 , the motor vehicle shall be deemed abandoned and the Police Department shall sell the motor vehicle at public auction. From the proceeds of the sale, the Police Department shall reimburse itself for the expense of the auction, the cost of preservation, storage, notification, publication costs and towing costs, if any remain unpaid. Any remainder of the proceeds of a sale shall be held for the owner or any entitled lien holders for ninety (90) days and then shall be deposited in a special fund that shall remain available for the payment auction , towing, preserving, storing and all notification and publication costs that result from placing another abandoned vehicle in custody if the proceeds from the sale of another abandoned vehicle are insuffi- cient to meet these expenses and costs. The Director of Finance shall so establish a separate revenue fund account pursuant to Vernon' s Ann. Civ. St. Art. 4477-9 (a) § 5 . 04 . Wrecker companies shall supply to the Police Department by the first day of each month a complete list of charges and billings for the pulls their company has made the previous month. Upon receipt of authoriza- tion from the Police Department, the Director of Finance shall promptly issue payment to the concerned wrecker companies , such payment to be made from the special revenue fund account. - 11 - (h) A permit holder shall charge a storage fee of Five ($5 .00) Dollars per day computed on a basis of twenty-four (24) hours, commencing with the time the vehicle is placed in storage in a vehicle depository apart from the depository operated by the City of Wichita Falls . Sec . 29-267 . Dispatch of Rotation Wreckers Through an Authorized Agent . In lieu of dispatching wrecker companies on the wrecker rotation list through the Police Communications Center, the City of Wichita Falls 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 which are on the wrecker rotation list, in compliance with paragraphs (c) , (d) , (e) and (f) of Section 29-266 of this article. The City of Wichita Falls or its authorized dispatching agent may charge each permit holder on the wrecker rotation list a monthly fee not to exceed the actual prorated amount as charged to the City by said agent. Failure of any wrecker company to make timely payment of this fee shall constistute cause for removal of the wrecker company from the wrecker rotation list. Sec. 29-268 . Dispatch of Rotation Wreckers Through Police Communications Center If the Wichita Falls Police Communications Center does the dispatching of wrecker companies listed on the wrecker rotation list, the City of Wichita Falls may charge each permit holder on the wrecker rotation list a monthly fee not to exceed the actual pro rata cost to maintain the dispatching of wrecker companies . Failure of any wrecker company to make timely payment of its fee shall constitute cause for removal of the wrecker company from the wrecker rotation list. Sec . 29-269 . 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 permit holder 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 permit holder. Sec. 29-270 . Driving Wreckers to Scene of Collision Prohibited; Exceptions. No person shall drive or cause to be driven, a wrecker to or near the scene of a collision on a street in this City unless such - 12 - • 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. 29-271 . 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, in accord- ance with the provisions of this article, dispatch the requested wrecker to the desired location, or if the requested wrecker is not then available for service, the P ermit holder shall immediately so inform the Police Communications Center or its authorized agent . (2) Upon arriving 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 incor- porated limits of the City of Wichita Falls shall remove the debris of the 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 the 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 prop- erty owner. The officer on the scene of an adcident 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 deisgnate a location for the vehicle to be towed; the permit holder shall then store the vehicle in the vehicle depository operated by the City of Wichita Falls which is hereby declared to be a commercial garage for the purpose of storage only. In all cases, the officer on the scene shall have the authority to -13 - require the vehicle to be towed to the City of Wichita Falls vehicle depository. (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 on the wrecker rotation list shall maintain or have access to vehicle depositories located within the incorporated City limits of the City of Wichita Falls . The vehicle depository, if an open lot, shall be enclosed by a fence of adequate construction which shall be a minimum of six (6) feet in height which shall be kept well secured, as may be required by the Chief of Police. The vehicle depository required herein shall be separate and apart from the vehicle depository operated by the City of Wichita Falls . Failure to meet these conditions will subject a permit holder to the administrative penalties as set out in this article. (7) All permit holders shall comply with all ordinances of the City of Wichita Falls, including , but 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. Sec. 29-272 . 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 certificate, or as to any applicant therefore, the duty and authority to enforce the provisions of this article by administra- tive 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 permit holder operating a wrecker company in the City of Wichita Falls shall be subject to strict regulation in order to protect the public. (b) For purposes of invoking any administrative remedy against a permit holder, theacts or omissions of any agent or employee of said permit holder shall be considered to be the acts or omissions of said permit holder. -14- (c) Administrative remedies which the Chief of Police may employ to enforce the provisions of this article include, but are not limited to: (1) Suspension or revocation of any certificate (this power includes the authority to remove or to cause to be removed any sticker or other evidence of a certificate from any wrecker) ; (2 ) As to those permit holders which are listed on the wrecker rotation list, removal from the wrecker rotation list, removal from the wrecker rotation list for a temporary period; and, (3) suspension or revocation of a permit. (d) Grounds for suspension or revocation of a certificate include, as to the wrecker for which the certificate was issued, driving said wrecker to the scene of a collision in response to a call by any person for a wrecker, or towing a vehicle with said wrecker, when said wrecker: (1) Is in such condition that it cannot safely tow a vehicle; (2) Is not then covered by insurance as required in this article; or, (3) Does not then meet all requirements for certification. (e) Ground for suspension or revocation of a permit include : Cl) Failure to meet at all times the requirements for a permit; (2) Failure to maintain at all times at least one wrekcer in such condition that meets the requirements for certification; provided, however, that a permit holder may give prior notice to the Chief of Police that it will not be on the wrecker rotation list for a period of time not to exceed thirty (30) days . During such period, the permit holder shall not be given any rotation calls. If at that time the permit holder is not able to meet the certification requirements and be active, the permit shall be void, and the name removed from the rotation wrecker list and permanently replaced by another; (3) Driving or causing to be driven to the scene of a collision in response to a call any wrecker which does not then meet the requirements for being certified; (4) Driving any wrecker to or from the scene of a col- lision in a manner which endangers the life or safety of any person; -15- . ,•, . (5) When the Police Communications Center or its author- ized agent calls a particular permit holder pursuant to the wrecker rotation list procedure to perform certain wrecker service at a particular location, if a wrecker belonging to a permit holder not requested by the Police Communications Center or its authorized agent to perform such service is driven to said location, the permit holder owning the wercker shall be subject to removal from the wrecker rotation list, and if the permit holder which was called is shown to have called for any wrecker not its own, or to have or cause any person to drive a wrecker not its own to said location, then said permit holder which was called by the Police Communications Center or its authorized agent shall be subject to removal from the wrecker rotation list; (6) Failure to maintain in effect any insurance required by this article; (7) Commission of fraud or theft in the conduct of the wrecker business; and, (8) Repeated violations of the provisions of this article. (f) As to those permit holders which are listed on the wrecker rotation list, grounds for removal of permit holder from said list include: (1) Failure to make timely payments of the monthly fee established in Section 29-267 or 29-268 of this article; (2) Refusal to dispatch a wrecker to the scene of a collision without good cause when called by the Police Communica- tions Center or its authorized agent, as required in Section 29-266 (g) ; (3) Driving or causing to be driven to the scene of a collision in response to a call from the Police Communications Center or its authorized agent any wrecker which does not then meet the requirements for being certified; (4) Failure to maintain or have access to a vehicle depository that meets the requirements of this article; (5) Failure to maintain at all times at least one wrecker in such condition that meets the requirements for certifi- cation; provided, however, that a permit holder may give prior notice to the Chief of Police that it will not be on the wrecker rotation list for a period of time not to exceed thirty (30) days . During such period, the permit holder shall not be given any rota- tion calls. If at that time the permit holder is not able to meet the certification requirements and be active, the permit shall be void, and the name removed from the rotation wrecker list and permanently replaced by another; (6) Failure to meet all requirements in Sec . 29-266 (c) for qualification to be listed on the wrecker rotation list; and, -16- (7) Violations of any ordinances , including, but not limited to, violations of the fire P revention code, the traffic ordinances, the criminal ordinances , etc. ; (8) Violations of the fee schedule by overcharge or violations of any of the rules and regulations established by the Chief of Police . Sec. 29-273 . Procedures for Administrative Disposition of Violations; Appeals . (a) Suspension or revocation of any certificate may be accomplished by the Chief of Police. The reasons for suspension or revocation of any certificate shall be given in writing to the permit holder whose certificate is being suspended or revoked within ten (10) days of such suspension or revocation. Mailing of such notice to the last known business address of said permit holder shall constitute sufficient notice. Appeals from a suspen- sion or revocation by the Chief of Police shall be made in writing to the City Manager within ten (10) days of such suspension or revocation and not thereafter . Written notice of the ruling of the City Manager shall be mailed or given to the permit holder within thirty (30) days of the date the written appeal is received by the City Manager . (b) If after any certificate has been suspended or revoked, the condition for which it was suspended or revoked has been corrected, and proof of such correction is made to the Chief of Police, then a new certificate shall be issued upon proper appli- cation and proof of meeting all requirements therefore. (c) Suspension or revocation of any wrecker permit or removal of a permit holder' s name from the wrecker rotation list 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 a permit or removal of a permit holder from the wrecker rotation list shall be accomplished by notice in writing to the permit holder which states that the suspension or revocation of the permit or removal of the permit holder from the wrecker rotation list has occurred . Such notice shall be given within ten (10) days of such suspension, revocation or removal . 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 sus- pension, revocation, or removal, and not thereafter, and such appeals shall be determined by the City Manager after a hearing - 17 - 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 permittee within thirty (30) days of the date the written appeal is 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 revocation. (c) 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 the revocation. Sec . 29-274 . 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 Two Hundred ($200 .00) Dollars. Each twenty-four (24) hours period shall constitute a separate offense for the violation of this article. Sec. 29-275 . 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. " SECTION B. Due to the fact that the operation of wrecker vehicles in the City of Wichita Falls involves the use of public streets, the removal of wrecked and damaged vehicles from the public streets , and the prompt clearance of the results of automobile collisions upon public streets , it is necessary that this ordinance become effective immediately upon its passage for the immediate preser- vation of order, health, safety and general welfare of the public. PASSED AND APPROVED this the 5th day of February, 1985 . f;. .04/Z" ATTEST: diorrx A Y 0 R /4/1e GL Ci y Clerk - 18 - • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA • (Paste Clipping Here) . ORDINANCE NO.12-85 On this 1 day of March AN ORDINANCE AMENDING ORDINANCE NO. 32-84, THE LANDMARK ORDINANCE, TO A.D. 1985• personally appeared before me, the undersigned authority ADD,: THE HARDIN ADMINIS- TRATION BUILDING OF MID- WESTERN STATE UNIVERSITY Toni TOl 'Belvedere , bookkeeper AS A WICHITA FALLS LAND- . MARK ORDINANCE NO.13-85 i for the Times Publishing Company of Wichita Falls, publishers of the ORDINANCE CLOSING HEAR-, ING AND FINDING CERTAIN Wichita Falls Record News, a newspaper published at Wichita Falls in BUILDINGS AND/OR STRUC- TURES TO BE DANGEROUS:j COMMANDING PROPERTY i Wichita County. Texas, and upon being duly sworn by me, on oath states OWNERS TO REPAIR OR DE- MOLISH SAID- BUILDINGS that the attached.advertisement is a true and correct copy of advertising AND/OR STRUCTURES WITHIN THIRTY(30)DAYS OF THE DAYS OF THE DATE OF THIS ORDI-I published in F4 at 1) issues thereof on the following NANCE AND DECLARING AN P EMERGENCY • dates: ORDINANCE NO.14-85 y, AN ORDINANCE WAIVING THE March 1 MINIMUM BUILDING SET BACK REQUIREMENTS FOR LOT 25-A, n i BLOCK B, WYATT SOUTHSIDE i //J ADDITION, WICHITA FALLS, .___Jr,,„„i,/� 8++ 1,(?..-. iii."- ,(_-4 -.e-- TEXAS • ORDINANCE NO.15-85 Bookkeeper for Times Publishing Company ORDINANCE AMENDING SEC- TIONS 111.1, 111.2 and 111.3 OF THE STANDARD BUILDING I. ' CODE ADOPTED BY SECTION I-- — 7-14 OF THE CODE OF ORDI-, Subscribed and sworn to before me this the day'and year first above NANCES OF THE CITY OF WICHITA FALLS, TO CHANGE :di written. THE NAME OF THE BOARD OF J ADJUSTMENTS INCREASE AND APPEALS, • A-4-'---' I TO INCREASE THEIR NUMBER, A ' AND TO MODIFY THE TERMS OF OFFICE AND QUORUM. . 1.•,/ l/ ORDINANCE NO.16-85 - ORDINANCE AMENDING THE • STANDARD BUILDING CODE AS — ADOPTED BY SECTION 7-14 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY ADDING SECTJON 507_16 TO ,,,mmm,,� _ t. PROVIDE PRO.VISJON3 FOR j ,'�{ ry `'k SPECIAL MALL1BUILDINGS '' ORDINANCE NO.X17-85. A••,, :.3 w DAVIS IS ORDINANCE AMENDING p`ary Public, Texas (I---2----cg g• CHAPTER 29 OF THE CODE Of ORDINANCES OF THE CITY OF.. I.y Commission Expires WICHITA FALLS BY AMENDING ARTICLE XI, ESTABLISHING A .^'' . COMPREHENSIVE SET OF REGU- LATIONS APPLICABLE TO WRECKER BUSINESSES OPERAT- ING WITHIN THE CITY OF e WICHITA FALLS; DEFINING TERMS; TYPES OF ACCIDENTS WRECKED, DISABLED AND FOR WRECKER SERVICES; SET- COVERED; CERTAIN EXCEP- ;POLICE PULL VEHICLES;PROVID- TING STORAGE AND IMPOUND TIONS; PROVIDING FOR'PER- ING WRECKER ROTATION LIST FEES; REQUIRING CERTAIN VE- MITTING OF WRECKER BUSI- WITH A MAXIMUM NUMBER HICLES TO BE REMOVED TO THE NESSES AND YEARLY FEES; ALLOWABLE;PROVIDING FOR A CITY IMPOUND YARD;PROVID- PROVIDING FOR INSPECTION WAITING LIST FOR PLACES ON I ING FOR ADMINISTRATIVE AS AND CERTIFICATION OF ? THE WRECKER ROTATION LIST; 1 , WELL AS JUDICIAL ENFORCE- WRECKERS AND FEES; REQUIR- ' PROHIBITING THE SOLICI- i MENT OF THESE PROVISIONS; ING THE MARKING OF WRECK- TATION OF WRECKER BUSINESS I PROVIDING A PENALTY OF ERS WITH BUSINESS OR OWN- ON PUBLIC STREETS; PROHIBIT- ! SUSPENSION OR REVOCATION ERSHIP INDENTIFICATION; RE- I ING THE INTERRUPTION OF OF A PERMIT;.PROVIDING A OUIRING INSURANCE TO BE I ; POLICE RADIO BROADCASTS; PENALTY OF A MAXIMUM FINE CARRIED BY WRECKER SER- I ; PROMULGATING CERTAIN OF $200.00; AND DECLARING VICES; REQUIRING PERMITS DUTIES OF PERMITTEES; REGU- AN EMERGENCY. I AND CERTIFICATIONS TO BE • 1 LATING FEES AND CHARGES ; I SHOWN ON DEMAND;PROVID- ING FOR THE REMOVAL OF