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Ord 086-2007 10/2/2007 ORDINANCE NO. 86-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26, ARTICLE VIII OF THE CODE OF ORDINANCES REGARDING WRECKER BUSINESSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the towing of vehicles on the city's streets is a necessary function, and one which requires certain guidelines and regulations; and, WHEREAS, in order to incorporate certain recent changes in the state statute, as well as to update certain other regulations regarding the towing of vehicles, the City Council desires to amend the City's current regulations concerning wrecker business operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 26, Article VIII of the Code of Ordinances is hereby amended in its entirety to read as follows: "Article VIII. Wrecker Businesses Sec.26-756. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accident means any occurrence which renders a vehicle wrecked or disabled, as defined in this section. Basic Permit means authorization granted by the city under this article to tow vehicles within the city limits of Wichita Falls. Chief of police means the chief of police for the city or the person designated by him to act in his stead for the purposes of this article. Consent towing permit refers to a permit required for a tow truck used to perform a consent tow authorized by the vehicle owner. A tow truck permitted with this type of permit may not be used for non-consent towing, including incident management towing and private property towing, in accordance with Occupations Code, Section 2308.105. Contract means an agreement with the City of Wichita Falls authorizing a wrecker company to perform non-consent tows. Contract ho/der means a wrecker company contracted with the City of Wichita Falls to perform non-consent tows. Disabled means 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. Hazardous materia/ means (1) any substance classified as a hazardous material under state or federal law or under a rule adopted pursuant to state or federal law; or, (2) a chemical petroleum product, gas or other substance that, if discharged or released, will or is likely to create an imminent danger to individuals, property or environment. Heavy Duty Tow means towing a vehicle with a gross vehicle weight of over 16,000 Ibs. Incident management towing permit is required for a tow truck used to perform any non-consent tow initiated by a peace officer. A tow truck permitted for this type of tow may also be used for private property towing and consent towing, in accordance with Occupations Code, Section 2308.103. Light Duty Tow means towing a vehicle with a gross vehicle weight of 10,000 Ibs or less. Medium Duty Tow means towing a vehicle with a gross vehicle weight over 10,000 Ibs and no more than 16,000 Ibs. Motor vehicle means any motor-driven or motor-propelled vehicle, including motorcycles, required to be registered under state laws. Non-consent tow means any tow conducted without the permission of, or not at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative, regardless of the vehicle's location or condition. For purposes of this Article, non-consent tows refer to police pulls and private property pulls. Owner means any person who holds the legal title to a motor vehicle or who 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. Owner's request means the owner designates a wrecker company or automobile business to remove a wrecker or disabled vehicle to a location other than the City Impound. Permit means authorization granted by the city under this article to tow wrecked or disabled vehicles from the public streets. Permit holder means any person possessing a current, valid permit to tow wrecked or disabled vehicles from the public streets. Private property pull means the designation of the occasion when an owner or manager of private property requests a vehicle be towed off the premises without the permission of, or not at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative, at the vehicle owner's expense. Private property towing permit refers to a permit required for a tow truck used to perform a non-consent tow authorized by a parking facility owner. A tow truck permitted for this type of tow may also be used for consent towing but not for incident management towing, in accordance with Occupations Code, Section 2308.105. Police pull means 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. Rotation means 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. Storage facility means the site to which a permit holder tows and stores motor vehicles which meets the requirements of the Occupations Code, Sec. 2303. Street means any street, alley, avenue, lane, public place, square or highway within the corporate city limits. Tow means towing or hauling a vehicle. Tow truck means 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 Occupations Code, Section 2308.002. Vehic/e means 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. Wrecker means any motor vehicle used for the purpose of towing or removing vehicles. Wrecker business means any business that tows vehicles on a public street within the incorporated city limits. It does not include towing a vehicle to a point outside the city 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 means any person engaged in the wrecker business. Wrecker rotation list means a list, prepared in accordance with this article, of wrecker companies that have permits and have requested and qualified to appear on the list. Sec.26-757. Applicability. The prohibitions and requirements of this article shall apply to all vehicles towed on city streets. This article shall also apply to vehicles seized by the police department. Any wrecker being operated within the City limits, shall be in full compliance with all state and federal rules that may apply, including, but not limited to proper registration, insurance and safety equipment. Sec. 26-758. Emergency aid excluded. The prohibitions and requirements of this article 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. 26-759. Towing by vehicle other than wrecker. A vehicle may be pushed or towed by another vehicle other than a permitted wrecker or tow truck only when it does 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 article except section 26-771 concerning solicitation. Sec. 26-760. Permit required; application; fee. A. A wrecker company that desires to tow vehicles shall obtain a basic permit from the city. Additionally, the response time shall be a maximum of thirty (30) minutes for all calls for service involving a motor vehicle accident, regardless if the tow is consent or non-consent. EXCEPTION: If the call for service requires a heavy-duty wrecker to respond, the response time is sixty (60) minutes. Companies that desire to perform police pulls shall enter into a contract with the city. All non-consent tows shall terminate within the Wichita Falls city limits, except when directed by a law enforcement agency. B. An applicant for a basic permit or rotation contract 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 of the wrecker company; 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 driver's license number of every wrecker driver employed by the applicant; 6. The location of the applicant's storage facility and a photocopy of the state license for the facility; 7. A certificate from the city/county tax assessor-collector that all city 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 which identifies coverage in the amounts required under section 26-762; and 9. For each wrecker the applicant intends to utilize: a. Its make, model, size and model year; b. Its vehicle identification number; c. Its state license plate number; d. Its state tow truck license plate number; and e. A photocopy of its certificate of registration issued by the state department of transportation. 10. Copies of permits as issued by the State for specific types of towing (Incident Management Towing, Private Property Towing and/or Consent Towing). Effective September 1, 2008 11. Copies of appropriate licenses for each wrecker driver and owner(s) of companies. Effective September 1, 2008 12. Copies of continuing education requirements for license holders. Effective September 1, 2009 C. Every application for a permit/contract required under this article or renewal of the permit/contract shall be sworn to by the applicant or permit/contract holder, and shall be accompanied by payment of a fee of: D. $15.00 per permit or permit renewal. E. $ 50.00 per Contract or Contract renewal. F. No permit or contract shall be transferred or assigned from any person or company to another. When any change of ownership or change of controlling interest occurs, the prior permit shall be null and void. Sec. 26-761. Contracted police pulls A. All non-consent police pulls tows shall be undertaken pursuant to the terms and conditions of a contract, specifically executed between the city and the wrecker or towing company, so designated in that contract. All such related services and fees shall be established as a provision of the contract for services. B. No person with any pecuniary interest shall have more than one towing company contracted with the city to provide rotational wrecker services. Pecuniary interest is defined to mean any money, property, or commercial interest, the primary significance of which is for economic gain. Any person who obtains or has pecuniary interest in two or more towing companies under contract to provide rotational wrecker services for the city is in violation of this article. Sec. 26- 762. Issuance and expiration of permits and contracts. A. The city shall issue a permit and/or contract to every applicant complying with this article unless legal grounds exist for denying such a permit. B. The permit shall be prominently displayed on the left side of the front windshield. C. Operating, or allowing another to operate, a wrecker without a permit as required by section 26-760 shall be unlawful. A violation of this section shall be punishable by a fine of up to $500.00. D. Each permit and contract shall expire at 12:00 midnight on September 30th of each year and will be renewable only upon compliance with this article and any other applicable laws, ordinances or regulations in effect at the time of the renewal application. Any person seeking a renewal of a permit and/or contract for the next calendar year may apply for renewal between August 15 and September 15. Renewed permits and contracts shall become effective October 1 of the year issued. Sec. 26- 763. Insurance. Every wrecker company having a permit shall carry general liability coverage and workers' compensation or accident insurance in the amounts required by Occupations Code, Section 2308.102. Those wrecker companies operating under a Contract shall maintain insurance from insurers acceptable to city of the following types and amounts: A. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate or Garage Liability $1,000,000 each accident, otherthan auto $1,000,000 aggregate B. Automobile Liability $1,000,000 each accident, combined single limit This coverage shall include all vehicles owned or non-owned that are operating under wrecker company's operating liability C. Cargo/On-Hook $50,000 per unit Coverage shall include both the unit being towed and its contents. Units covered shall include, but not be limited to, motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 1. Garagekeeper's Liability $30,000 per unit 2. Worker's Compensation/Accident Insurance Coverage shall meet the minimum requirements of state law as contained in the Motor Carrier Rules and Regulations. 3. Current insurance certificates shall remain on file with the City during the term of wrecker company's permit. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30) days prior written notice to Company. Policies shall be endorsed as follows: • To provide the City with a minimum of thirty (30) days notice of cancellation, non-payment of premium, or non-renewal; • To cover the City as an additional Insured on liability insurance policies, except for employer's liability; and • To include a waiver of subrogation in favor of the City. 4. In the event a state or federal law, rule or regulation pertaining to wrecker service companies operating within the State of Texas exceeds the insurance requirements specified herein, such state or federal law, rule or regulation shall prevail for the respective type of insurance coverage and/or limit thereof. Sec. 26-764. Wrecker operations. A. There are hereby established wrecker rotation lists for rotation tows. The lists are composed of wrecker companies in possession of a valid Rotation Permit, and who have requested and are qualified to appear on the list. The police department shall establish and maintain these lists in alphabetical order. From these rotation lists, the police department shall call a wrecker company to: 1. remove a wrecked or disabled vehicle, or a vehicle in safe driving condition, but whose owner is not present, able or permitted to drive or to make authorizations; and 2. remove a wrecked or disabled vehicle when the owner fails to designate a specific repair place or wrecker operator to remove his vehicle, and has authorized the police department to call a wrecker. B. 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 a permit holder of the driver's choice to remove the vehicle. C. 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. The Communications Center shall verify that the company being requested to respond is at least a Basic Permit holder. If the requested company is not, that information shall be relayed to the officer and no further action taken for notifying that company. If the requested company is not within the city limits of Wichita Falls, Communications Center shall ensure that the requested company can respond to the scene within the allotted time of thirty (30) minutes or one (1) hour, depending on the type of wrecker needed. If the requested company cannot respond within the allotted time, the officer shall be notified to instruct the owner that a different company must be requested. D. The police communications center or its authorized agent shall cause the designated permit holder to be called and directed to the scene. E. If the owner of a vehicle is physically unable to designate a permit holder to remove the vehicle or he fails or refuses to designate one or has no preference, 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 appropriate 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. F. If the owner of the vehicle does not designate a wrecker company or automobile business, and the officer contacts Communications Center requesting a rotation wrecker, the dispatch of the call shall remain a rotation pull, regardless if the owner subsequently decides to request a specific company or automobile business. The responding rotation wrecker shall deliver the vehicle to the location requested by the owner; however, the call remains a rotation request, not an owner's request. G. If, after arrival at the scene, the permit holder determines, in conjunction with the police officer in charge, that assistance is needed, the permit holder on site shall dispatch immediately another wrecker of his choice. H. If, after arrival at the scene, and before the wrecker begins to depart from the scene, the owner of the vehicle responds and requests the vehicle not be towed, the police officer shall (depending on the circumstances surrounding the tow) inform the wrecker driver to "drop" the vehicle. At that point, the police officer shall notify Communications Center to place the wrecker company back at the top of the rotation list. Sec. 26- 765. Equipment and storage facility required. A. An applicant for a permit required under this article or an applicant for a permit renewal shall own or lease the following: 1. The types of wreckers and equipment required to safely conduct tows in accordance with the provisions of Occupations Code, Section 2308. 2. Storage facility. The applicant must own or have exclusive use of a storage facility licensed under the Occupation Code, Sec. 2303, and be in full compliance with said statute. The facility shall be located within the corporate city limits and must be completely enclosed with adequate fencing, locks, and other security devices as necessary to maintain security of stored vehicles. A wrecker company is not required to own or lease a storage facility if it only tows vehicles owned by the wrecker company. B. An applicant for a Rotation Permit required under this article shall own or lease the following wreckers: 1. Light Duty: Minimum of two (2) wreckers which are at least 14,500 pounds gross vehicle weight (GVW). 2. Medium Duty: Minimum of one (1) wrecker which is at least 19,500 pounds (GVW). 3. Heavy Duty: Minimum of one (1) tandem axle (heavy duty) wrecker rated at not less than 34,000 gross vehicle weight (GVW), equipped with the minimum of a 12,000 pound wheel lift under reach; a minimum of two (2) 20,000 pound winches; and a boom rated at not less than 25 ton lift capacity. 4. At least one (1) of the Light Duty or Medium Duty wreckers shall have a boom and winch rated at not less than 8,000 Ib. lift capacity and a wheel lift device rated at not less than 4,500 Ibs. 5. At a minimum, all wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: (i) Wrecking bar (ii) Towing lights (iii) Emergency overhead warning lights (iv) Safety chain (v) Fire Extinguisher (A.B.C. Type) (vi) Broom (vii) Shovel (viii) Reflectors or traffic cones (ix) Trash container (x) Two-way voice or computer communication between tow truck and company dispatcher (xi) Backing warning signal (xii) Wheel chocks (exception: roll-backs and wheel-lift wreckers) 6. 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 and telephone number of the wrecker company shall appear in letters at least finro (2) inches high, which are permanently affixed and legible and on a contrasting background. Magnetic or other forms of removable signs are prohibited. EXCEPTION: If a wrecker company is temporarily leasing a wrecker due to repairs of another wrecker, magnetic signs are authorized. The temporary leased wrecker shall be registered with the city. Sec. 26- 766. Inspection of wrecker equipment. Any holder of a permit and/or contract issued under this article or the applicant for a permit and/or contract required under this article, by virtue of making application, agrees to allow during normal working hours the inspection of wreckers, wrecker equipment and storage facilities by the Chief of Police or his authorized designee. In addition, each tow truck and the required equipment authorized under a contract shall be subject to intermittent inspection to assure compliance with this article. 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. The inspection permit shall be prominently displayed on the left side of the front windshield. Sec. 26- 767. Towing fees. A. A person holding a permit performing consent tows may collect fees that are deemed reasonable in accordance with the provisions set forth in Occupations Code, Section 2308. B. Pofice Pulls - Non-consent Fees: 1. Light Duty Towage: A fee of $100.00 per hour shall be paid to wrecker company for towing a vehicle from one point on a street to another location within the incorporated limits of the city as directed by the police department at the place where the tow originated. This fee includes any worked performed during the first hour, beginning upon arrival at the scene. Time posted after the first hour will be billed in increments of fifteen (15) minutes. ➢ Second Tow Truck: In the event the police officer at the scene determines that a second tow truck is required, a fee of $100.00 per hour shall be paid to wrecker company, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded. ➢ Additional Personnel: An additional fee of $25.00 per hour shall be paid to wrecker company, with a minimum charge of one hour, billed in increments of fifteen (15) minutes, for the use of additional personnel as needed on scene. Additional personnel shall only be allowed when authorized by a police officer at the scene. The Technical Services Coordinator shall review the charges. ➢ Use of a Dolly: No additional fees shall be charged for the use of a dolly. 2. Medium Duty Towage: A fee of $125.00 per hour shall be paid to wrecker company for towing a vehicle from one point on a street to another location within the incorporated limits of the city as directed by the police department at the place where the tow originated. This fee includes any worked performed during the first hour, beginning upon arrival at the scene. Time posted after the first hour will be billed in increments of fifteen (15) minutes. ➢ Second Tow Truck: In the event the police officer at the scene determines that a second tow truck is required, a fee of $125.00 per hour shall be paid to wrecker company, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded. ➢ Additional Personnel: An additional fee of $25.00 per hour shall be paid to wrecker company, with a minimum charge of one hour, billed in increments of fifteen (15) minutes, for the use of additional personnel as needed on scene. Additional personnel shall only be allowed when authorized by a police officer at the scene. The Technical Services Coordinator shall review the charges. ➢ Use of a Dolly: No additional fees shall be charged for the use of dolly. 3. Heavy Duty Towage: A fee of $250.00 per hour shall be paid to wrecker company for towing such vehicle from one point on a street to another location within the incorporated limits of the city as directed by the police department at the place where the tow originated. This fee includes any worked performed during the first hour beginning upon arrival at the scene. Time posted after the first hour will be billed in increments of fifteen (15) minutes. ➢ Second Tow Truck: In the event the police officer at the scene determines that a second tow truck is required, a fee of $250.00 per hour shall be paid to wrecker company, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded. ➢ Additional Personnel: An additional fee of $25.00 per hour shall be paid to wrecker company, with a minimum charge of one hour, billed in increments of fifteen (15) minutes, for the use of additional personnel as needed on scene. Additional personnel shall only be allowed when authorized by a police officer at the scene. The city's Technical Services Manager shall review the charges. ➢ Extra equipment: If the wrecker company 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 may be passed on to the vehicle owner. ➢ A minimum of finro (2) wrecker company employees must respond and share the responsibilities with each Heavy Duty wrecker to expedite the clearing of the roadway and increase safety. Failure to respond with two (2) wrecker employees will be counted as a failure to respond and the wrecker will not be allowed to work the scene. D. Out of Town Mileage: In the event a rotation service is required to travel more than five (5) miles outside the city limits to either pick up or deliver a vehicle as requested by authorized personnel, the wrecker business may charge the following per mile. At such time the following per-mile charges commence, the per-hour charges discussed in sections 26-767(B)(1)(2)&(3) stop. 1. Light Duty: $2.00 per mile, beginning and ending at the city limits. 2. Medium Duty: $2.50 per mile, beginning and ending at the city limits. 3. Heavy Duty: $3.00 per mile, beginning and ending at the city limits. 4. If the pick up or delivery of the vehicle is five (5) miles or less from the city limits, this charge does not apply. F. Invoicing and Payment. The wrecker companies performing contracted police pulls shall invoice the city once per month, and include with such invoice documents as may be reasonably requested to provide evidence of the services provided. At a minimum, these documents shall include copies of the wrecker selection form signed by the officer at the scene of the police pull. Such invoice shall be subject to the review and approval of appropriate city personnel. City shall remit payment to wrecker company not more than thirty (30) days following approval of invoice. G. No other charges. Permit holders and/or contract holders shall charge no fees for the towing and/or storage of vehicles except as authorized by this section or by applicable statutes. H. In accordance with Occupations Code, Section 2308.203, the City establishes the following procedures relating to towing fee studies. When establishing or amending the allowable fees for non-consent tows, the amounts shall represent the fair value of the services of a towing company and are reasonably related to any financial or accounting information provided to the City. These procedures will be followed upon a request from a towing company that a study be performed. The following list is not all inclusive: 1. Request financial records from requesting towing company as they relate to vehicle insurance, registrations and operating costs; 2. Obtain current fuel prices; 3. Review towing fees from other cities of similar population; 4. Submit recommendation to the City Manager for action. The City Manager shall have the authority to authorize an increase for towing fees up to 25%, based upon the result of a requested towing fee study. Recommended increases over 25% shall be taken to the City Council for consideration. Sec. 26- 768. Storage fees and charges. A. Permit holders. Under this article a permit holder may charge the owner of the vehicle a storage fee and other charges as permitted by Occupations Code, Section 2303. B. City Impound. The city may charge the owner of the vehicle a storage fee permissible by law. For purposes of imposing a daily storage fee, a day is considered to begin at midnight and to end at the next following midnight. A daily storage fee may be charged regardless of whether the vehicle is stored for 24 hours of the day, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the facility for less than 12 hours. In addition to the storage fees, the city may charge a preservation fee of $20.00 to cover the costs of preservation and evidentiary processing of stored vehicles. Vehicles held as evidentiary material pertinent to an on-going criminal investigation are not subject to any fees. The owner, however, will be responsible for storage fees if the vehicle is not claimed within 72 hours of notification. All fees shall be paid prior to the vehicle being released. If the owner and all lien holders of record do not reclaim the motor vehicle within the time period prescribed by law, the vehicle shall be deemed abandoned and used or sold in accordance with the requirements of Occupations Code, Section 2303. Sec. 26- 769. Records. A. The holder of a permit and/or contract issued pursuant to this article shall maintain complete and accurate records of the towing, receipt, storage, release, and disposal of all vehicles for a period of three years. B. The contract holder shall furnish the city a monthly invoice for charges for towing vehicles to the city impound facility, and the invoice shall be paid within 30 days of its receipt. The police department must approve the forms used by the Rotation Permit holder. Sec. 26- 770. Dispatch of rotation wreckers. The city police communications center may dispatch the wrecker companies listed on the wrecker rotation list for all police-initiated, non-consent tows. The wrecker company shall be available for dispatch 24 hours a day, seven days a week, and shall have direct communications with the responding wrecker at all times. Two-way radio communications with the Police Communications Center is authorized; however, the preferred method of communication is telephone, either mobile or landline. Sec. 26- 771. Influence over 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. 26- 772. Driving wreckers to scene of collision. 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 police communications center or its authorized agent or by a party involved in the collision. However, 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. 26- 773. Duties of permit holders. A. It shall be the obligation of all permit and contract 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 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 and contract holder shall dispatch the requested wrecker to the desired location. The permit and contract holder shall provide motor vehicle towing service within 30 minutes for a light or medium duty wrecker and one hour for a heavy-duty wrecker from the initial request for service by the city. The permit and contract holder shall be available seven days a week, 24 hours a day. 2. Upon arrival at the scene of a collision within the incorporated city limits, wrecker company personnel shall take directions from the police officer investigating that collision. 3. Wrecker company personnel of a permit and contract holder who tows any vehicle from the scene of a collision within the incorporated city limits shall remove the debris of the collision from the public streets. These duties eutend to companies requested by owners, but are not required to be permitted by the City. All other provisions of this Ordinance must be met before the non-permitted company is authorized to remove a vehicle from a scene of a collision. 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 rights-of-way 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 contract holder on the wrecker rotation list must tow to a place designated by the owner unless the owner/operator of the vehicle is disabled by physical injury and is therefore unable to designate a location for the vehicle to be towed, the operator is arrested, or the vehicle is needed for evidentiary purposes. The contract holder shall then store the vehicle in the impound facility operated by the city 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 impound facility. 5. No permit and/or contract holder shall store any vehicles or wreckers on the public streets or rights-of-way. The permit holder shall use reasonable care in the storage of property not belonging to the permit holder so as to minimize the risk of theft or damage. 6. All permit holders shall comply with all applicable sections of this Code and city ordinances, 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. 7. All permit and/or contract holders shall at all times comply with all rules pertaining to minimum safety standards for the operation of tow trucks adopted by the state department of transportation pursuant to Occupations Code, Section 2308. This paragraph extends to the proper use of any and all equipment, including the proper sized tow truck for the vehicle being towed or hauled, used in the course of safely towing a vehicle. 8. No permit and/or contract holder shall employ a driver who has been convicted of any felony within the preceding five years. 9. The owner or operator of a vehicle that has been towed by a permit owner shall be given, in writing, City contact information by the towing company or vehicle storage facility at the time the vehicle owner or operator pays the costs of the vehicle's removal or storage. The City contact information shall include the statement: "If you have any questions regarding the towing of your vehicle, you can contact the Technical Services Manager at the Wichita Falls Police Department at 761-7700." C. All wrecker companies performing contracted police pulls, in addition to the above requirements, shall perform the following duties and have the following responsibilities: 1. Maintain a currently licensed vehicle storage facility located within the corporate limits of the city. "Vehicle storage facility" shall mean a facility operated by a person licensed under Occupations Code, Section 2303. 2. Maintain business operations finrenty-four (24) hours a day, seven days per week. 3. Wrecker company shall have direct communications with responding wrecker. The use of finro-way radio communications with the Police Communications Center is authorized; however, the first choice of communications is telephone (landline or mobile). 4. Wrecker company shall respond to all calls contemplated by this article within thirty (30) minutes of notification for light and medium duty wreckers, and one (1) hour for heavy duty wreckers, except in extraordinary situations where delay is caused by ice, snow or other weather related conditions. In the event wrecker company fails to respond as required, city may notify another wrecker company, and the initial wrecker company shall not be entitled to the compensation to which it would have been entitled had it arrived timely. 5. Wrecker company shall notify the City of any change of ownership, president or chief executive officer, or change of address within five (5) business days of any such change. 6. Wrecker company shall deliver the motor vehicle being towed to the location within the corporate limits of city designated by the police officer at the scene of the pull. Delivery shall be made without delay or detour. 7. Wrecker company shall fully cooperate with any investigation conducted by the city regarding complaints against wrecker company, whether or not such complaints arise out of services contemplated by this article. 8. Wrecker company shall not become delinquent in the payment of any taxes due the city. 9. Wrecker company shall not go to any accident scene unless the wrecker company has been called to the scene by the owner or operator of a vehicle or an authorized representative of same, or by the city. 10. Wrecker company shall not solicit any wrecker business within the corporate limits of the city at the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is for the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. 11. Wrecker company shall only employ drivers of tow trucks authorized to operate same. 12. Wrecker company shall provide Impound personnel with an invoice at the time the vehicle is delivered to the location directed by the police officer on the scene together with the signed wrecker selection form to be provided. 13. Wrecker company shall not operate a vehicle being impounded under any circumstances, unless otherwise receiving prior approval, and then only under special circumstances. Sec. 26- 774. Towing vehicles containing hazardous materials, and notification. A. No wrecker or towing company seeking to tow a vehicle which contains, or is reasonably believed to contain, hazardous materials may accomplish the tow unless, pursuant to 49 U.S.C. §§ 1801, 5107--5109, 5125; 49 C.F.R. 387; Tex. Trans. Code §§ 522.003(19), 522.041--522.043, and all other applicable federal and state law, 1. The wrecker is registered to transport hazardous materials; and, 2. The wrecker has been issued pertinent permits to transport same; and, 3. The driver of the wrecker is licensed to transport hazardous materials. a. In the event a wrecker or towing company seeks to tow a motor vehicle or trailer containing, or reasonably believed to contain, hazardous materials, and the materials have leaked or appear to be leaking, the wrecker or towing company shall immediately advise the Wichita Falls Fire Department of the leakage. The motor vehicle or trailer will not be moved until inspected by the fire department. The fire department will be the sole authority in determining the appropriate precautions to be taken prior to authorizing the motor vehicle or trailer to be moved by the wrecker company. B. All wrecker companies performing contracted police pulls, in addition to the above requirements, shall perform the following duties and have the following responsibilities: 1. When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas Department of Transportation, or the Texas Commission on Environmental Quality, a fee equal to one hundred-fifty (150%) percent of the charges which may be assessed pursuant to Section 26-766 of this article. In addition, a charge may be made for expenses incurred related to protective clothing and any other supplies or equipment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen (15%) percent. 2. Air Cushions: a. Regular cushions — a charge of One Hundred Dollars ($100.00) per hour per cushion, with a minimum charge of one hour. After the first hour, billing shall be in increments of fifteen (15) minutes. b. Tanker cushions — a charge of Two Hundred Dollars ($200.00) per hour per cushion. After the first hour, billing shall be in increments of fifteen (15) minutes. c. Prior approval by a police supervisor at the scene of a police pull is required for the use of air cushions. d. Nothing contained herein shall be construed so as to obligate City to expend any sums of money. Further, nothing contained herein shall be construed so as to guarantee to Company that City will contact Company for any towing services contemplated by this article. Sec. 26- 775. Private Property Pulls A. A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense, if all conditions of Occupations Code, Section 2308.401-456 are complied with. B. A towing company is authorized to remove and store unauthorized vehicles from parking facilities if such company complies with all conditions of the Occupations Code, Section 2308.255, and it has a written request to remove the vehicle, signed by the parking facility owner or agent prior to the actual removal of the unauthorized vehicle. C. A towing company removing an unauthorized vehicle from a parking facility shall within one (1) hour after receiving the vehicle report (by telephone, in person, or by facsimile) to the police department of the municipality in which the parking facility is located: 1. general description of the vehicle 2. state/number of the vehicle's license plate 3. VIN of the vehicle 4. Location from which the vehicle was towed 5. Name and location of the vehicle storage facility where the vehicle is being stored D. If the vehicle removed from a parking facility is later determined to be stolen, the towing company shall not be reimbursed by the City for towing the vehicle from the parking facility to the company's lot. Since the vehicle is part of a crime, the City shall seize the vehicle utilizing the City's wrecker rotation. In the alternative, the city may elect to allow the towing company to maintain custody and control of the stolen/recovered vehicle; however, the charges cannot exceed those normally imposed by the WFPD. Additionally, the company shall be responsible for any and all other procedures in accordance with the Occupations Code, Sec. 2303. E. Hourly rates for private property pulls are as follows. This fee includes any work perFormed during the first hour, beginning upon arrival at the scene. Time posted after the first hour will be billed in increments of fifteen (15) minutes. 1. Light Duty - $75 2. Medium Duty - $102 3. Heavy Duty - $170 Sec. 26-776. Filing of and investigating complaints on wrecker companies. Any complaint on a wrecker company shall be submitted in writing to the Wichita Falls Chief of Police, or appointed designee. The complaint shall be specific to the allegations and signed by the individual submitting the complaint. Complaints will be investigated to the fullest extent possible. Sec. 26-777. City's right to refuse a vehicle. The City retains the right to refuse the delivery of any impounded vehicle if the delivered vehicle is improperly towed or "dropped" at a location other than designated by an authorized individual. In those instances wherein the City refuses to accept a vehicle, the City wrecker or another wrecker company on rotation will be called to complete the delivery. At that point, the original wrecker company will not be paid for the call, and the call will be considered an unjustified pass. Additional action may be taken against the company in accordance with Sec 26-778. Sec. 26-778. Administrative disposition of violations. In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any section of this article, the chief of police shall have, as to the holder of any permit or as to any applicant therefore, the duty and authority to enforce this article by administrative action in accordance with the following principles and procedures. A. The proper and safe functioning of the wrecker business has critical impact on the health, safety and welfare of the public and involves use of the public streets in the city, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on such streets; therefore, the privilege of any person to be a permit holder operating a wrecker company in the city 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 employee of the permit holder shall be considered to be the acts or omissions of the permit holder. C. Grounds for suspension or indefinite suspension of a permit include any of the following offenses during the permitted year: 1. 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; 3. Failure to comply with record keeping requirements of this article; 4. Failure to maintain a licensed storage facility as required by this article; 5. Failure to maintain a fleet of wreckers in compliance with this article; 6. Driving any wrecker to or from the scene of a collision in a manner which endangers the life or safety bf any person; 7. Failure to maintain in effect any insurance required by this article; 8. The employment and use of any driver who has been convicted of any felony within the preceding five years; 9. Charging a fee in excess of the amounts authorized by this article; 10. Failure to notify the Communications Center of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unable to respond within the thirty (30) minutes allotted for a response to a call for wrecker service; 11. "Dropping" a motor vehicle at a location other than designated by the police officer and without prior approval from Impound Coordinator, Administrative Services Coordinator, Police Deputy Chiefs or Chief of Police; 13. Permitting a tow truck to be operated by anyone while under the influence of alcohol and/or drugs; 14. Permitting a tow truck to be operated by anyone whose operator's license is suspended; 15. Transferring or assigning any call for service to any other company; 16. Any sustained complaint of theft by personnel of wrecker company while acting in their capacity as employees of wrecker company, whether occurring during a police pull or otherwise; 17. Any sustained complaint of threats made by personnel of wrecker company while acting in their capacity as employees of wrecker company made against third parties during a police pull or otherwise; 18. Failing to comply with all directions of police personnel at the scene of a police pull or employee of Impound facility. Company may request a police supervisor to validate any such direction given; 19. Three (3) passes within a twelve-month period. "Pass" shall mean wrecker company failing to notify the City of its inability to respond to a request for service; 20. Six (6) Light/Medium Duty or nine (9) Heavy Duty tow passes within a twelve-month period, regardless of the wrecker company making timely notifications. If a wrecker company notifies the City of an upcoming event for a specific period of time that they would not be available to respond to a request for service, that period of time will not be charged against these numbers. 21. Failure to comply with any state or federal law or city ordinance related to the operation of a wrecker company. D. In the event a wrecker company's Rotation Permit is suspended for cause, the suspension shall be for a period of not less than thirty (30) days. In the event a wrecker company receives an indefinite suspension, the suspension will be for a minimum of 12 months. Sec. 26-779. Procedures for administrative disposition of violations; appeals. A. Suspension of the permit issued under this article due to the violations specified in section 26-777C may be accomplished by the chief of police after a hearing before the chief of police. Notice of the hearing, the administrative action which may be taken, and the grounds therefore shall be given to the permit holder five days prior to the hearing. Mailing of the notice via certified mail to the last known business address of the permit holder shall constitute sufficient notice. Suspension of the permit shall be accomplished by notice in writing to the permit holder stating that the suspension of the permit has occurred. B. Immediate suspension of the permit issued under this article due to one or more violations that may pose significant harm or danger to the public may be accomplished by the chief of police and shall be accomplished by notice in writing to the permit holder stating that the suspension has occurred. The wrecker company may still request a hearing; however, the request for a hearing does not stay the suspension. C. Appeals from an adverse ruling by the chief of police due to the grounds in section 26-777(c) shall be made in writing to the city manager within 20 days of such suspension and not thereafter, and such appeals shall be determined by the city manager after a hearing before the city manager, 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 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 suspension. Appeals do not cause a stay of suspension. D. In the event City suspends or indefinitely suspends the permit for cause, and the cause for such suspension or indefinite suspension is determined to be invalid, Company's sole remedy shall be reinstatement of the permit. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees. E. Such suspension of a permit shall terminate all authority and permission theretofore granted. Any person whose permit has been suspended must request in writing to the Chief of Police for reinstatement. The written request shall be received no sooner than five (5) business days prior to the completion of said suspension period. Any person whose permit has been indefinitely suspended shall not be eligible to again apply for a permit for a minimum period of 12 months from the date of suspension. Sec. 26-780. Criminal Penalty. Any business or person violating any prohibition requirement, duty, or provision of Chapter 26, Article VIII shall be deemed to have committed a class C misdemeanor, and upon conviction, shall be punished by a fine of not less than $200.00 or more than $500.00. Sec.26-800. Reserved." SECTION 2. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 2 nd day of October, 2007. MAY R ATTEST: ' 'ty Clerk oRO�NAN�ENO. Affidavit of Publication �� ORD7NANCE OF THE CITY COUNCIL OF THE CI.TY Of WICHI-. TA FALLS, TEXAS, T R ARTICLE Vi THE STATE OF TEXAS #199702 DFNANCES EGAR�- COUNTY OF WICHITA ING WRECKER BUSb NESSES, FINDtN6� , AND DETERMINING - THAT TH� M�ETING , AT WHICH THIS ORDI- ' OIl tI11S 23 day of October 2007 A D... NANCE WAS PASSED P U B L�I CE N A S� R EE personally appeared before me, the undersigned authority ° AN � NQ:: Kathy Salan, Sales Assistant for the Times Publishing ORDINAN��OE�THE COI11pAIly Of W1C�11tA FAIIS� publishers of the Wichita Falls THe c TY"o `wic°i Times/Record News, a newspaper published at Wichita Falls in AME DING �cr oN` Wichita County, Texas, and upon being duly sworn by me, on o F� o � i Ka�ri c s oath states that the attached advertisement is a true and IDENTtFYING: 7HE c �,a s s � F � c,a-� � o N s correct copy of advertising published in One (1) issues hereof s i T O N S B I�N e A c°; on the following date CLASSIFICATION FOR THE WICHITA FALLS FIRE DEPARTMEN-T; 7,, FINDING AND D�- OCtOUer21 ZOO7 TERMIN�ING THAT � THE- MEFxLING-.AT WHICH THIS ORDI- � NANCE WAS PASSED � / WAS.OPEN TO THE PUBLIC AS RE- I QUIRED BY'LAW.' ORDINANCE N0 88-200I:, c Hc Sales Assistant for Times Publishi g Company of Wichita Falls THE CITY OF WICHL TA FALLS, TEXAS, I AMENDING SECTION , o F o o i N a N c e s Subscribed and sworn to before me this the day and year first above written: IDENTIFYING THE ' CLASSIFICATIONS' AND NUMBER OF PO- SITIONS IN �ACH CLASSfFICATfON FOR r „ THE WICHITA FALLS ' POLICE DEPART- 1NENT; FINDtNG AND �'��/''�' DETERMINING THAT THE MEETING AT WHICH THIS ORDI- NANCE WAS PASSED WAS OPEN TO THE ..„ QUIRE BY AW. RE- y ORDINANCE NO. � =- 92-2007 ,n = ° ORD�NANCE OF THE - � CITY COUNCIL OF - � THE CITY OF WICH1- % TA FALLS, TEXAS; � �AMENDING APP�EN- � .DIX B ZONING, AT ��� SECTIONS 3080, 3140, �� 3210, 3290, 336SANQ 3410, REGARDING THE MAXIMUM HEIGHTS ALLOWED FOR SCHOOL AND RELIGIOUS kSSEM-' BLY USES; FIND,ING ' iAND DETERMINING I THAT THE MEETING ' AT WHICH THIS ORDI- ' i NANCE WAS PASSED WAS OPEN TO THE , PUBLIC AS RE-' ' QUIRED BY LAW.