HomeMy WebLinkAboutOrdinance 1490
ORDINANCE
ä1490
REPEALED
BY
ORDINANCE
ä1752
Table of Contents
Page
SECTION I - Definitions............................................. .1-2
SECTION II - The Police Impoundment Area..............................2-3
SECTION III - Application for Permit.................................. .3-7
SECTION IV - Rejection of Application for Permits.....................7-8
SECTION V - The Rotation wrecker Listing.............................8-9
SECTION VI -
..
,;
Non-consent
wreckers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
SECTION VII - Solicitation of Wrecker Business Prohibited...............10
SECTION VIII - Owner Request Wrecker.....................................10
SECTION IX - Solicitation of wrecker Business by City Employee.........10
SECTION X - Inspection of Wrecker Facilities. .........................10
SECTION XI - The Police Department wrecker Service..................10-11
SECTION XII - Suspension of Permits................................. .11-12
SECTION XIII - Appeal of Suspensions.....................................13
SECTION XIV - Storage Fees..............................................13
SECTION XV - Penalties for Violation.................................. .13
SECTION XVI - Unconstitutional Clause...................................13
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ORDINANCE NO. 1490
AN ORDINANCE ESTABLISHING A VEHICLE STORAGE FACILITY MAINTAINED
BY THE POLICE DEPARTMENT AND PROCEDURES FOR ITS OPERATION;
ESTABLISHING REQUIREMENTS AND STANDARDS FOR POLICE DEPARTMENT
FRANCHISE WRECKERS, PERTAINING TO WRECKER EQUIPMENT AND THE
OPERATION OF WRECKER COMPANIES; ESTABLISHING A PERMIT SYSTEM FOR
POLICE DEPARTMENT APPROVED WRECKERS, INCLUDING CRITERIA FOR
MEETING APPROVAL, CONDITIONS FOR MAINTAINING A WRECKER PERMIT,
CRITERIA FOR SUSPENSION OR CANCELLATION OF A PERMIT, AND A
WRECKER PERMIT FEE; ESTABLISHING AN AUTHORIZED ROTATION WRECKER
LIST FOR CITIZEN REQUESTED WRECKER PULLS; ESTABLISHING A SINGLE
AUTHORIZED WRECKER FOR WRECKER PULLS MADE UNDER POLICE AUTHORITY;
PROVIDING PENALTIES FOR VIOLATIONS OF REQUIREMENTS UNDER THIS
ORDINANCE; ESTABLISHING RATE FEES THAT WRECKER COMPANIES MAY
CHARGE FOR PULLS MADE UNDER PERMIT.
.
,
BE IT ORDAINED by the City Council of the City of North Richland
Hills, Texas:
SECTION 1.
Definitions
The following terms, where used in this ordinance, shall have the
meaning and effect hereinafter set forth.
1. Police Operated Vehicle Storage Facility: Short title,
Police Impoundment Area. An area operated by the Police
Department or its duly authorized representative primarily
designed and designated for the storage and safekeeping of
vehicles that were towed and impounded by Police authority.
2.
Damaged Motor
inoperative or
criminal acts.
Vehicles:
unsafe as
Any motor
the result
vehicle tha t is
of a collision or
3. Abandoned Motor Vehicle: A motor vehicle that is left
unattended on public property for more than 24 hours, or a
motor vehicle that has remained on private property without
the consent of the owner or person in control of the
property for more than 24 hours, or a motor vehicle left
unattended on the right-of-way of a designated county,
state, federal highway, or a public roadway for more than 24
hour s.
4. Motor Vehicle: A vehicle subject to registration under the
Certificate of Title Act (Art. 6687-1, Vernon's Texas Civil
Statutes). "Motor Vehicle" includes a motor boat, outboard
motor, or a vessel subject to registration under Chapter 31,
Texas Parks and Wildlife Code, and includes every vehicle
which is self-propelled.
5. Vehicle: Every device in, or by which any person or
property is or may be transported or drawn upon a public
highway or roadway.
1
6. Impounded Vehicles: Any vehicle held for safekeeping by the
Police Department to include vehicles towed and stored by
Police authority for violation of Federal, State, or
Municipal codes or statutes, or in connection with a Police
investigation.
7. Private Storage Facility: A garage, parking lot, or
facility or establishment designed and operated for
servicing, repairing, storing, or parking of vehicles.
8. Owner of Vehicle: A person in whose name the vehicle is
registered under the Certificate of Title Act (Art. 6687-1
Vernon's Texas Civil Statutes) or a person in whose name the
vehicle is registered (Article 6675a-z, Vernon's Texas Civil
Statutes), or a member of the persons immediate family; or a
person who holds the vehicle through a valid lease
agreement; or an unrecorded lien holder whose right to
possess the vehicle exists through a chattel mortgage.
.
.
9. Wrecker: A vehicle designed exclusively for the task of
safely towing, winching, or moving motor vehicles.
10. Rotation Wrecker: A wrecker called through the Police
,Department by request of the vehicle owner when the owner
has no specific wrecker to request and the vehicle is being
towed to an area or location other than the Police operated
vehicle storage facility.
11. Police Department Wrecker: The wrecker service called by
Police authority to remove a vehicle from a location and
deliver the vehicle to the Police impoundment area, or
another location specified exclusively by Police authority.
12. Wrecker SerJ'ice Permit: An annual permit issued by the
Police Department to a wrecker company for individual
wreckers in its possession after meeting requirements set
forth by this Ordinance.
13. Wrecker Driver Permit: An annual permit issued by the
Police Department tn the driver of a permitted wrecker.
14. Owner Request Wrecker: Any wrecker that is requested
specifically by name by the owner or operator of a motor
vehicle. This wrecker is not required to be listed on the
Rotation Wrecker List and is not required to be the Police
Department Wrecker authorized by this ordinance.
SECTION 11.
The Police Impoundment Area
The Police Department will maintain and operate the Police impound-
ment area.
1. The Police impoundment area will be enclosed completely by a
secure fence at least 5 feet in height, and will be kept
2
locked at all times, except when accepting or releasing an
impounded vehicle.
2. The Police impoundment area shall have an all-weather
surface that makes delivery and release of vehicles feasible
in all weather conditions.
3. The Police impoundment area shall have a sign posted at the
main entrance, clearly visible and readable from the street,
displaying the words "North Richland Hills Police
Impoundment Area", the correct street address of the
impoundment area, the telephone number where a vehicle
release may be obtained, and the hours during which a
vehicle may be obtained for release.
4. The Police impoundment area will be served by a lighting
system capable of providing at least one foot candle of
illumination where the vehicles are maintained, and at least
.. five foot candles of illumination at the entrance and in the
traffic lanes inside the fenced perimeter.
5. Access into the Police impoundment area will be restricted to
Authorized Police Personnel and tÌ1e agents of the wrecker
service authorized to make pulls for the Police Department.
, All other unauthorized entry into the impoundment area will
be considered trespassing, and violators will be prosecuted
according to prevailing State Law.
6. All vehicles pulled by the Police Department wrecker under
the authority of the Police Department and all pulls of city
owned vehicles wil] be impounded in the Police impoundment
area unless a ranking supervisor in the Police Department
authorizes different, but comparable impoundment accommoda-
tions for investigative reasons.
7. Release of vehicles from the Police impoundment area is the
sole responsibility of the Police Department. No release
will be obtained without proper authorization from the
Police Department.
SECTION III.
Application for Permit
Consideration for approval for a wrecker permit to operate on the
rotation wrecker listing will be contingent on the applicant's compliance
with the standards and requirements set forth herein.
1. No firm, corporation, partnership, or individual will be
placed on the rotation wrecker list for the City of North
Richland Hills unless they possess a current wrecker service
permit from the City, all wrecker drivers hold current
wrecker driver permits from the City, and are approved to
operate the same.
2. No firm, corporation, partnership, or individual shall be
permitted under more than one company name to hold more than
one listing on the rotation wrecker list at any time.
3
3. No firm, corporation, partnership, or individual will be
permitted to remove a vehicle from a location under police
control or direction without having a current permit from
the City of North Richland Hills affixed to the wrecker
certifying compliance with all the requirements set forth.
4. An applicant for a wrecker service permit must meet or
exceed all of the following requirements:
a. The wrecker service must have, in continuous serviceable
operation, at least three (3) wrecker units.
b. Each wrecker service shall have at least, but not
limited to one wheel lift type towing unit or
equivalent that can safely complete damage-free towing
in a timely manner.
c. The wrecker service shall have a trailer capable of
carrying motorcycles, and dolly equipment capable of
moving partial vehicles or vehicles with no wheels.
.' d. Fach wrecker shall be not less than one ton in size and
will be equipped with a boom, cable, tow bar, and a
power takeoff winch capable of towing and winching
normal sized vehicles (rated 8,000 pounds lift capacity
minimum).
. e. Each wrecker shall carry as standard equipment: safety
chains, a fire extinguisher, wrecking bar, broom, axe,
flat blade shovel, flares, fusee, flags, and scotch
blocks; and shall be equipped with emergency overhead
rotating beacons with amber lenses visible up to at
least 500 feet.
f. Each wrecker shall have a chain separate from the sling
and cable assembly securely affixed to the boom or bed
of the towing vehicle capable of being attached to the
frame or secured to the towed vehicle for safety
purposes. This chain must be in use if a vehicle is
being towed.
g. Each wrecker shall have the name, address, and phone
number of the wrecker company inscribed on each side
door thereof in non-magnetic letters of not less than
three inches in height, contrasting in color from the
painted surface they are on.
h. Each wrecker that is included on the Police rotation
wrecker listing will be required to be radio equipped
for communications with the North Richland Hills Police
Department on a frequency designated by the Chief of
Police or his designated representative.
i. Each wrecker to be permitted will be inspected by the
Chief of Police or his designated representative prior
to approval to insure compliance with the above listed
requirements.
5. Each wrecker company applying for a service permit shall pay
a non-refundable $30.00 yearly application fee. Wrecker
Service Permit Fees, once approved, shall be $10.00 annually
for each wrecker for which a permit is desired and $5.00
annually for each driver permit desired.
4
6. All applications for wrecker service permits must furnish
the Chief of Police or a designated police representative
with the following:
a. Information divulging the names, dates of birth,
driver's license numbers, social security account
number, addresses, telephone numbers, fingerprints and
a recent photograph of all partners, individuals, or
corporations which possess any equity interest in the
applicant wrecker service. Individuals, partners, or
corporations who may not have an equity interest in the
applicant wrecker service, but serve in a capacity of
managing any or all of the business affairs of the
applicant wrecker service must also be included.
b. A written application for each wrecker to be permitted
in the City listing size, capacity, year, make, model,
Vehicle Identification Number, registration, equipment
description and any other information specified on the
wrecker application form provided.
c. The location of the applicant's storage facility where
damaged or inoperative vehicles might ÌJe taken for
safekeeping.
d. A drawing of the applicant's storage facility showing
size in feet, parking surface composition, lighting,
and security facilities. Hours of operation and
storage facility liability insurance coverage shall
also be provided.
e. A copy of insurance policies that list all covered
vehicles held by the wrecker company indicating the
coverages and amounts. Minimum Bodily Injury Liability
and Property Damage for each wrecker vehicle will be no
less than $100,000/$300,000/$100,000.
f. All individual permit applications for each wrecker
driver that will operate a wrecker within the City of
North Richland Hills. Individual permit applications
shall state the full name, driver's license number
(Class A or Class B), address and telephone number,
along with other required information, including
applicant's fingerprints, a recent photograph, and a
notarized statement attesting to the correctness of the
information submitted by the applicant. Fingerprints
will be obtained by Police Department personnel at no
cost to the applicant.
g. A listing of all persons employed at the company's
storage facility or general office which shall include
each individual's full name, age, date of birth,
address, telephone number, driver's license, and social
security number.
5
7. The written application must contain a sworn statement by
the owner or agent that the permitted wrecker service will
comply with the standard and customary charges set forth in
this ordinance.
8. It will be the responsibility of the wrecker company owner
to maintain current and updated information on file with the
Chief of Police or his designated representative. Updates
involving changes in ownership, address, phone number, or
personnel must be reported immediately. If a permitted
driver's employment is terminated with a permitted wrecker
company, that driver's permit becomes void. No new or
substitute driver will be permitted until the required
application and fees are received and an investigation
conducted. Any changes or replacement of required vehicular
hardware must be reported within 72 hours of the change and
will be subject to inspection by the designated police
representative to insure compliance with this ordinance.
0" Replacement equipment must meet the requirements of this
ordinance.
9. All wrecker companies desiring to be placed on the rotation
wrecker list shall certify that all cars towed from within
the City limits of North Richland Hills will be stored in
facilities designated by the Police Department or any such
location agreed upon by the owner/driver of the vehicle and
the wrecker company. All such wrecker company storage
facilities will comply with the requirements set forth by
the ordinance of the City in which they are located or by
applicable state laws. They shall be enclosed by a
permanent, secure fence and the gate shall remained locked.
Wrecker company storage facilities must be located within 4
miles of the North Richland Hills City Limits.
10. Wrecker companies desiring to be placed on the rotation
wrecker list shall carry Garage Keepers Extra Legal
liability insurance to cover all vehicles stored; including
damage due to fire, explosion, theft, riot, vandalism, and
collision.
11. The rotation wrecker list shall be used for all vehicles in
which a pull is requested through the Police Department by
the owner/driver of a vehicle in which the owner/driver has
no preference of a wrecker company.
6
·-
12. The Chief of Police or his representative shall issue
permits to applicants complying with the provisions of this
ordinance after the completed application (along with
applicable fees) have been received, and the police repre-
sentative has conducted an investigation on each applicant,
owner, driver and agent of the applicant company. All
permits shall expire annually at 12:00 noon on September 30.
13.
All wrecker permits
lower left corner
operated within the
shall be
of the
City.
visibly displayed on the inside
rear window of each wrecker
14. All wrecker services companies must comply with all
applicable State statutes including but not limited to the
Litter Abatement Act, the Abandoned Motor Vehicle Act,
Garage Storage of Vehicles, Storage Lots, and others
covering the operation of wreckers, wrecker companies and
their facilities, equipment, and personnel.
.
..
Incomplete applications will not be accepted or considered.
SECTION IV.
Rejection of Application for Permits
An application for permit may be rejected if any wrecker company
is found guilty of any of the following circumstances:
1. Failure to complete the Permit Application paperwork.
2.
Failure to cooperate with the
designated representative during
required for permit approval.
Chief of Police or his
any of the investigations
3.
Refusal to provide information as required by
application.
the
4. Refusal to submit to inspections of facilities or equipment.
5. Failure to pay required fees.
6. Any individual, partner, firm or corporation having a
material interest in the wrecker service requesting said
application being under indictment for, being convicted of,
or having received probation for, any felony offense.
Further, the application will be rejected if any individual,
partner, firm or corporation having a material interest in
the wrecker service requesting said application has had an
Information filed, has been convicted of or has received
probation for any misdemeanor offense where the defendant
could be punished by confinement in the County Jailor other
penal facility.
7
7. Concerning application for wrecker driver permits:
a. Any wrecker driver who is an applicant shall be
rejected if the applicant driver is violation of the
guidelines set out in Section IV, Item number 6 which
deals with felony or misdemeanor activity.
b. Any wrecker driver applicant who does not hold a valid,
current Texas Driver's License authorizing him to
operate said wrecker with a vehicle in tow will be
rejected.
c. Any wrecker driver applicant whose driver's license is
currently suspended will be rejected.
d. Any wrecker driver applicant whose driving record
includes more than three moving violations or
chargeable collisions, or a combination of either in
the past three years shall be rejected.
SECTION V
,
..
The Rotation Wrecker Listing
All wrecker service companies desiring to be called for wrecker
service by the City of North Richland Hills shall request in writing to be
placed on the rotation wrecker list maintained by the Police Department.
The rotation wrecker listing will consist of permitted wrecker services who
are requested by citizens through the Police Department when the citizen
has no specific wrecker to request, and the vehicle is being towed to an
area or location other than the Police Impoundment Area.
1. The Police Department shall maintain a Rotation Wrecker
List. The list shall be maintained in alphabetical order
which shall contain the name and addresses of each wrecker
service company permitted. The first wrecker company on the
list shall be notified. After the company at the top of the
list receive a call then the company's name shall be placed
on the bottom of the list and the next company shall be
moved to the top of the list and it shall receive the next
call. This process shall 1:e repeated until each company
providing wrecker service on the list has received a call,
then the process will start over.
2. When a wrecker service is requested by the Police Department
to make a call and the said company agrees to make the call
then the company shall immediately proceed to the scene of
the call. The company shall be given a reasonable length of
time in which to reach the location. If the wrecker service
answering the call has not reached the location within a
reasonable length of time, the officer at the scene may
elect to call the next wrecker service on the list and that
company shall have priority over that particular call. In
the event that the wrecker service fails to comply with the
provisions of this ordinance by failing to proceed to the
designated place wi thin a reasonable length of time, this
wrecker service shall be removed from the top of the list
and placed at the bottom. In normal weather or traffic
condi tions, "reasonable time" shall be construed as thirty
minutes maximum. Should special equipment be needed or
special circumstances exist that can be justified to police
8
officers at the scene causing a longer delay, "reasonable
time" shall be construed as being forty five minutes
maximum.
3. All wrecker services desiring to be placed on the Rotation
Wrecker Lists which are called for wrecker service shall
comply with the following schedule of rates.
1. Base Charge Wrecker Pulls (Normal) $45.00
2. Additional Charges to Base Charge
a. Use of Dollies 25.00
b. Winching/Waiting/Standby Hourly Rate 60.00
(Fifteen Minute Increments)
c. Drop Drive Shaft 15.00
d. Pulls 1 1/2 ton and greater 75.00
Waiting time first fifteen minutes, No Charge.
4. Vehicles pulled by rotation wreckers must be available to be
released from 8:00 a.m. to 5:30 p.m. Monday through Friday,
and 8:00 a.m. to 12 noon on Saturdays. Vehicles can be
picked up on Sundays by appointment with the rotation
wrecker company responsible for the tow.
5. No damaged or inoperative motor vehicle or trailer shall be
removed by the owner or a wrecker service company from the
scene of a collision or vehicle accident without notifica-
tion to the North Richland Hills Police Department.
6. No person shall drive a wrecker to or near the scene of an
accident within the City of North Richland Hills unless such
person has been called to the scene by the owner of the
vehicle or his authorized representative or by the Police
Department. Each such wrecker operator, when called by the
owner of a disabled vehicle or his authorized representa-
tive, shall notify the Police Dispatcher before proceeding
to the scene of the disabled vehicle.
7. Debris at Accident Scene to be Removed Each wrecker
company called to the scene of an accident shall completely
remove from the street all resulting wreckage or debris,
including all broken glass, before leaving the site.
SECTION VI.
Non-consent wreckers: No person or firm shall operate a wrecker or
wrecker business in any manner, directly or indirectly, within the city
limits for the purpose of towing a vehicle without the direct and expressed
consent of the owner of the vehicle being towed unless a permit has been
issued for the operation of the wrecker by the City of North Richland
Hi 11 s .
9
SECTION VII.
Solicitation of Wrecker Business Prohibited - No persons shall solicit
any wrecker business in any manner, directly or indirectly, on the streets
of North Richland Hills at or near the scene of an accident or of wrecked
or disabled vehicles.
SECTION VIII.
Exceptions - an "Owners Request Wrecker" towing a vehicle under
the direction of the vehicle owner is not required to meet the requirements
of storage facilities, minimum number of wrecker units or extra insurance
as required in Section III of this ordinance. However, said wrecker shall
be required to meet equipment and permit requirements, as set forth in this
ordinance, to tow a vehicle from any police department controlled scene or
facili ty.
SECTION IX.
No ßmployee of the City of North Richland Hills shall recommend
to any person, directly or indirectly, either by word, gesture, sign or
otherwise, the name of any particular person or firm engaged in the wrecker
business, nor shall any city employee influence or attempt to influence in
any manner a decision of a person in choosing or selecting a wrecker
operator.
SECTION X.
The Chief of Police or his authorized representative shall
enforce this ordinance and make such inspection of facilities as deemed
necessary. Any variance from the provisions of this ordinance must be
approved in advance in writing by the Chief ùf Police.
SECTION X1.
The Police Department Wrecker Service
The Police Department wrecker service shall be used for all
vehicles on which a pull is required by the Police Department and called by
Police authority to be towed to the Police Impoundment Area; such as
illegally parked, inoperable, abandoned vehicles, vehi'2les involved in
accidents where the owner is unable to request a wrecker, in situations
where the driver is hospitalized or incarcerated, or vehicles seized or
held as evidence in a criminal case.
1. The Police Department wrecker contract will be awarded on an
annual basis through a competitive bid process, said
contract to be effective October 1st of each year.
2. If a wrecker service desires to bid for the Police
Department wrecker contract, the following requirements must
be me t :
a. The wrecker service mus t have complied with all the
requirements for a rotation wrecker listing as detailed
in Sections III, IV, V, VI, and VIII.
b. The wrecker service must have valid City of North
Richland Hills wrecker permits for all wrecker units
and wrecker drivers.
10
"
.
c.
The wrecker service must have in continuous, serviceable
operation, at least three (3) wrecker units. It is not
required for a bidding wrecker service to hold a
listing on the rotation wrecker list, however if a
wrecker service desires to be the operating police
department wrecker, and operate as a rotation wrecker,
at least four (4) --COntinuously operating permitted
wrecker units must be maintained.
The Police Department wrecker service company must
agree to comply with directives given by Police
Department personnel during police department pulls,
towing vehicles to the police impoundment area or any
other location specified by the police department for
investigative purposes.
The Police Department wrecker service company will be
responsible for all pulls made under police authority,
whatever the load demand.
The Police Department wrecker service must equip all
wrecker uni~s with both receiver and transmitter
capability for communications with the Police
Department on a frequency designated by the Police
Department.
d.
e.
f.
3. The Police Department wrecker service will not possess any
right or privilege, express or implied, for usage of the
police impoundment area, except where specifically
authorized under this ordinance.
4. Agents, owners, and employees of the Police Department
Wrecker service shall not remove or dismantle vehicles or
parts of vehicles, nor remove or authorize removal of
property from any vehicle or parts of vehicles impounded in
the police impoundment area.
SECTION XI1.
Suspension of Permits
Permits issued to wrecker services operating in the City of North
Richland Hills are valid for the period specified or until suspended by the
Chief of Police.
1. Wrecker permits issued to wrecker units may be suspended for
any of the following reasons.
a. Willful noncompliance with permit standards as
detailed in Section III.
b. Any condition created since original permit approval
that would have been grounds for rejection under
Section IV.
c. Habitual failures to respond to requests for service
from the police department.
d. Knowingly falsifying, misrepresenting, or omitting
information on the application for a permit.
e. Failure to allow inspection of equipment, facilities,
or records by the Chief of Police or his designated
representative.
f. Failure to respond in a timely fashion to calls from
11
the police department as per Section V, Item #2 of this
Ordinance.
2. Wrecker driver permits issued to individual drivers may be
suspended for any of the following reasons:
a.
b.
c.
d.
e.
. f.
.
Any condition created since original permit approval
that would have been grounds for rejection under
Section IV, subsection 9.
Driving the wrecker unit in violation of the Texas
Motor Vehicle Laws, unless specifically ordered to do
so by a police officer.
Driving under the influence of intoxicants.
Having his driver's license suspended by the Texas
Department of Public Safety for any reason.
An arrest, charge, or indictment for any felony or a
misdemeanor where a person, if convicted, could be
punished by confinement in a penal facility.
An accumulative driving record showing more than three
moving violations or chargeable collisions, or á
combination of either during the term of the permit.
SECTION XIII.
Appeal of Suspensions
1. If a wrecker permit or wrecker driver permit is suspended by
the Chief of Police, and the company owner or wrecker driver
affected wishes to appeal the suspension, he may do so, in
writing to the City Manager. A copy of the appeal should be
forwarded to the ùffice of the Chief of Police to serve as
notice of appeal. If the suspension is sustained by the
City Manager, the company owner or wrecker driver affected
may appeal the decision to the North Richland Hills City
Council. The appeal should be made in writing, and copies
forwarded to the Chief of Police, and the City Manager, to
serve as notice of appeal. The decision of the City Council
shall be final.
2. After suspension of the permit in question by the Chief of
Police, and upon notice of appeal of the decision to
suspend, said suspension shall be commuted to an
administrative probation status for the permit holder until
a final decision is rendered, or the appeal is withdrawn.
During the administrative probationary period, prior to
final disposition, the permit holder will be allowed to
operate "business as usual" pending a final decision,
without restriction, unless such a violation of law has
occurred as a basis for the suspension, that it is in the
best interest of the citizens of North Richland Hills to
impose certain restrictions. It shall be the discretion of
the Chief of Police, as approved by the City Manager, to
impose such restrictions on the permit holder as may be
necessary to potentially protect the interests, the peace,
and the dignity of the citizens of North Richland Hills.
3. If, on appeal, the suspension is overruled, then the permit
holder shall he removed from administrative probation
12
·
status, and returned to normal status with no further
inconvenience imposed.
4. If, on appeal, the suspension is sustained, the permit
holder shall surrender such permit fcund to be suspended to
the Chief of Police or his representative immediately after
the rendering of a final decision.
SECTION XIV.
Storage Fees
The vehicle storage fees to be applied to impounded vehicles
shall be ten dollars ($10.00) per day.
SECTION XV.
Penalties for Violation
"
"
Any firm, corporation, partnership, or individual who shall
operate a wrecker without a permit, or while a permit is under suspension,
or knowingly violates any section of this ordinance shall be guilty of a
misdemeanor, and shall upon conviction in a court of jurisdiction, be
punished by a fine not to exceed two hundred dollars ($200.00).
SECTION XV1.
If any section, sub-section, sentence, clause, or phrase of this
ordinance is for any reason held to be unconstituti.onal, such decision will
not affect the validity of the remaining portion of this code.
PASSED AND APPROVED
t~hDJJ!:tember
Dan Echols - Mayor
, 1 9 .ß.L..
ATTEST:
13
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TARRANT
Before me, the undersigned authority on this day personally ap-
peared
Virginia Rankinknown to me to be a credible person, who
first being sworn, deposed and upon her oath said:
That she is the
C.A.D.
of the Mid Cities Daily
, a newspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of
, for a period of
Hurst
more than one year next preceding the first publication of the attached
and that he caused said notice to be published in
LRgF.ll
said newspaper on the following date(s).
10/6/87
That the attached is a true and correct copy of said notice as
published on said date(s) in said
Sworn to and subscribed before
19~.
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day ofJc to~er
14(~jA/ÎAâ/ 7ItJL
Notary Public,
DALLAS County, Texas
ORDINANCE NO. 1490
OF THE CITY OF
NORTH RICHLAND
HILLS, TEXAS
An ordinance establish-
ing a vehicle storage fa-
cility maintained by the
Police Depart'ment and
procedures for its oper-
ation; establishing re-
quirements and stand-
ards for Police De-
partment franchise
wreckers, pertaining to
wrecker equipment and
the operation of wreck-
er companies; establish-
ing a permit system for
Police Department ap-
proved wreckers, in-
cluding criteria for
meeting approval, con-
ditions for maintaining
a wrecker permit, crite-
ria for suspension or
cancellation of a permit,
and a wrecker permit
fee; establishing an au-
thorized rotation wreck-
er list for citizen re-
quested wrecker pulls;
establishing a single au-
thorized wrecker for
wrecker pulls made un-
der police authority;
providing for a fine not
10 excess of $200 for vio-
lation of this ordinance;
establishing rate fees
that wrecker companies
may charge for pulls
made under this permit
and providing for a sav-
ings cl~use.
Passed and approved by
the City Council of the
City of North Richland
Hlfls, Texas this 28th day
of September, 1987.
/s/ Dan Echols
Dan Echols, Mayor
ATTEST:
/s/ Jeanette Rewis
Jeanette Rewis,
City Secretary
APPROVED AS TO
FORM AND LEGALITY
/s/ Rex McEntire
Rex McEntire,
Attorney for tbe City
MCDN CPN #761
PUB.: 10/(>/87