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Ord 3067 3/16/1976 • ORDINANCE NO. 3 0 6 AN ORDINANCE AMENDING CHAPTER 29 OF THE WICHITA FALLS CODE OF ORDINANCES BY ADDING AN ARTICLE XI ESTABLISHING A SET OF REGULATIONS APPLICABLE TO WRECKER BUSINESSES OPERATING WITHIN THE CITY OF WICHITA FALLS; DEFINING TERMS; PROVIDING FOR PERMITS FOR WRECKER BUSINESSES; PROVIDING FOR THE INSPECTION AND CERTIFICATION OF WRECKERS USED IN THE SAME; REQUIRING THE MARKING OF WRECKERS WITH BUSINESS OR OWNERSHIP IDENTIFICATIONS; REQUIRING INSURANCE TO BE CARRIED BY PERMITEES; PROVIDING FOR REMOVAL OF WRECKED OR DISABLED VEHICLES ON THE PUBLIC STREETS; ESTABLISHING PROCEDURES FOR USE OF A WRECKER ROTATION LIST; PROVIDING FOR THE USE OF AN AUTHORIZED AGENT TO DISPATCH WRECKERS ON THE WRECKER ROTATION LIST; PROVIDING FOR THE PAYMENT OF A MONTHLY FEE BY WRECKER COMPANIES ON THE WRECKER ROTATION LIST; PROMUL- GATING CERTAIN DUTIES OF PERMITEES; PROVIDING PROCEDURES FOR ADMINISTRATIVE ENFORCEMENT OF THESE PROVISIONS; PROVIDING A PENALTY OF A MAXIMUM FINE OF $200. 00 FOR VIOLATIONS OF THIS ARTICLE; AND MAKING THE PROVISIONS OF THIS ORDINANCE SEVERABLE; AND, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Article XI of Chapter 29 of the Wichita Falls Code of Ordinances shall read as follows: "Article XI. Wrecker Business Regulations. Section 29-256. Definitions. For the purpose of this article, the following terms shall have the meanings respectively ascribed to them in this section: 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. 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. 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, a corporation, a partnership, a joint venture, or an association. Vehicle - Every device in, 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 incorporated limits 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. 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. Section 29-257 . Permits. (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 chief of police. (b) An applicant for a permit shall submit, on a form provided by the chief of police, a verified application contain- ing or accompanied by the following: (1) The true name, the trade name, address, and telephone number or numbers of the wrecker company; (2) The number and types of wreckers proposed to be operated; (3) The true owners of the wrecker company, if the wrecker company is other than a corporation, their addresses and telephone numbers; (4) The true owners of the wreckers proposed to be used, if other than the true owners of the wrecker company; (5) 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 wrecker business are current; and, (6) 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 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 29-258 of this article. - 2 - (c) A permit, when granted, shall be permanently displayed at the permit holder' s place of business. Section 29-258. Insurance. All wrecker companies having permits shall carry bodily injury liability and property damage liability insurance in the following minimum amounts: 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 or more persons in any one occurrence $300,000. 00 For damages to or destruction of property in any one occurrence $ 50,000. 00 Section 29-259 . Wrecker certificates. (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; (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 two (2) tons (minimum 20 ,000 lbs. gross vehicle weight) 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 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; and, (5) Shall carry as:_ttandard equipment the following: one yellow beacon ray light; three safety reflectors; one broom; - 3 one scoop shovel; heavy duty steel chains (not less than 5/16 inch links) ; one heavy duty tie rope (1/4 inch nylon) ; one dry chemical fire extinguisher (one 4 pound or two 2 3/4 pound dry chemical fire extinguishers) ; universal towing sling; one 4-wheel dolly; a back-up and hook-up light; one axe; one red safety towing light; a wrecker bar; and a tow bar. (c) 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. (d) A certificate may be evidenced by a windshield sticker, or other device which the chief of police finds will enhance enforcement of this article. Section 29-260. Permits and certificates - Issuance and expiration. (a) The chief of police shall issue a permit to all applicants complying with the provisions of this article, and shall issue a certificate for all wreckers so complying upon proper application 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 shall 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 after November 30 of the calendar year which is ending. Any permit or certificate which is issued or renewed in December shall become effective on January 1 of the next calendar year. Section 29-261. Inspection of wrecker equipment and storage facilities used in the wrecker business. Any permit holder, or applicant, by virtue of making application therefor agrees to permit during normal business 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. Section 29-262. Wrecker Rotation Lists. (a) The Wichita Falls Police Department shall establish and maintain a list of wrecker permit holders which shall be known as the Wrecker Rotation List. (b) The Wrecker Rotation List shall contain the names, in alphabetical order, of all qualified permit holders requesting to be on such list. (c) 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) daysaa 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 - 4 - 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. (d) When the police officer investigating a collision determines 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 the permit holder, which he desires 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. (e) If the owner of a vehicle involved in a collision is physically unable to designate the permit holder he desires to remove the vehicle, or he fails or refuses to designate one, or he 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 request 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. (f) 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. (g) Failure of any permit holder selected under paragraph (d) or paragraph (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. Section 29-263. 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 commun- ications equipment and with twenty-four (24) hour a day, seven (7) day 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 (d) , (e) and (f) of Section 29-262 of this Article. The City of Wichita Falls or its-authorized dispatching agent - 5 may charge each permit holder on the Wrecker Rotation List a monthly fee not to exceed $ 32. 00 . Failure of any wrecker company to make timely payment of this fee shall constitute cause for removal of the wrecker company from the Wrecker Rotation List. Section 29-264. 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 $32. O0111t. 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. Section 29-265. Police officer not to influence selec- tion 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 in choosing or selecting a permit holder. Section 29-266. Driving wrecker 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 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. Section 29-267 . 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 or disabled vehicles from the public streets of the City of Wichita Falls 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 Communica- tions Center or its authorized agent, the permit holder shall, in accordance 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 permit 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 incorporated 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. Such debris should be - 6 - disposed of in a manner which will keep it out of gutters, storm sewers, streams, public rights-of-way, and property not belonging to the wrecker company, without the consent of the property owner. The officer on the scene of the accident may provide assistance in locating a place for disposal of such debris. (4) Any permit holder on the Wrecker Rotation List which does not have its own repair facilities must tow or have towed the damaged vehicle to a repair shop or 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 the vehicle to be towed, the permit holder may then store the vehicle in a vehicle depository as described in paragraph (b) (6) of this section. (5) No permit holder shall store any vehicles or wreckers on the public streets, or right-of-way. Permit holders will 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 limits of the City of Wichita Falls. The vehicle depository, if an open lot, shall be enclosed by a fence of adequate construction which is a minimum of six (6) feet in height which shall be kept well secured. The vehicle depository may be in an enclosed building which shall be kept well secured. Failure to meet these conditions will subject a permit holder to administrative penalties as set out in this article. (7) All permit holders shall comply with all ordi- nances 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. Section 29-268. 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 adminis- trative action in accordance with the principles and procedures set forth hereinafter. (a) The proper and safe functioning of the wrecker-busi- ness 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 subject 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 employee of said permit holder shall be considered to be the acts or omissions of said permit holder. (c) Administrative remedies which the chief of police may employ to enforce the provisions of this article include, but are not limited to: - 7 (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 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 requirement for certifi- cation. (e) Grounds for suspension or revocation of a permit includes: (1) failure to meet at all times the requirements for a permit; (2) failure to maintain at all times at least one(1) wrecker in such condition that it 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 until further notice, and during such period, said permit holder shall not be given any rotation calls; (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 collision in a manner which endangers the life or safety of any person; (5) When the Police Communications Center or its authorized 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 wrecker 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 the 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. - 8 - f) As to those permit holders which are listed on the Wrecker oration List, grounds for removal of a permit holder from said list include: (1) failure to make timely payment of the monthly fee established in Sections 29-263 or 29-264 of this article; (2) refusal to dispatch a wrecker to the scene of a collision without good cause when called by the Police Communications Center or its authorized agent; (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 at all times at least one (1) wrecker in such condition that it 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 until further notice, and during such period, said permit holder shall not be given any rotation calls; (5) failure to maintain or have access to a vehicle depository which meets the requirements of Section 29-267 (b) (6) of this article; (6) failure to meet all requirements in Section 29-262 (c) for qualification to be listed on the Wrecker Rotation List; and, (7) violations of any City ordinances, including but not limited to, violations of the fire prevention code, the traffic ordinances, the criminal ordinances, etc. Section 29-269. Procedures in administrative disposition of violations; appeals. (a) Suspension or revocation of any certificate may be accomplished by the chief of police. The reasons for suspen- sion or revocation of any certificate shall be given in writing to the permit holder whose certificate is being sus- pended 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 suspension or revocation by the chief of police shall be made in writing to the city manager within twenty (20) days of such suspension or revocation. A hearing or personal appearance shall be at the discretion of the city manager. Written notice of the ruling of the city manager shall be given to the permit holder within thirty (30) days of the suspension or revocation by the chief of police. (b) 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 grounds 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. Sus- pension 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 - 9 shall be made in writing to the city manager within twenty (20) days of such suspension, revocation, or removal, and such appeals shall be determined by the city manager after a hearing of which the permit holder has had reasonable notice. Written notice of the ruling by the city manager shall be given to the permittee within thirty (30) days of the suspension, revocation or removal by the chief of police. (c) 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 application and a proof of meeting all requirements therefor. (d) If after removal of a permit holder from the Wrecker Rotation List, the wrecker company makes application for reinstatement on said list, said wrecker company shall be reinstated if it meets all criteria for issuance of a permit after three (3) days removal if the condition for which the removal was accomplished has been corrected, and if the chief of police has determined that the wrecker company will properly perform thereafter; provided, that upon the second such removal within a four month period, no reinstatement shall be had until at least seven (7) days after the removal, and upon the third removal within a twelve (12) month period, no reinstatement shall be had until fourteen (14) days after the third removal. Repeated violations of this article shall be grounds for declining to reinstate any company to the Wrecker Rotation List. (e) If a permit holder' s permit is revoked, no permit shall be given to that holder for a period of six (6) months from the date of revocation. Section 29-270. 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 dollars ($200 .00) . Each twenty-four (24) hour period any violation of this article shall continue shall constitute a separate offense. Section 29-271. Severability. It is hereby declared to be the intention of the Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinace since the same would have been enacted by the Board of Aldermen without the incorporation in this - ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 29-272. Repeal of conflicting ordinances. All ordinances of the City of Wichita Falls, Texas , in conflict herewith are hereby expressly repealed. " SECTION 2. This ordinance shall take effect thirty (30) days after passage by the Board of Aldermen of the City of Wichita Falls, Texas. - 10 - 1 • r 4 + r PASSED AND APPROVED this the /0i ay of fAL4 / , 1976. ($7,7 A Y O R ATTEST: j-,-/-6-7 z..e...2ii' ,;46,;zd-a) GCITY CLERK - 11 -