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HomeMy WebLinkAboutOrdinance 0878 . '. . 1. ~ \ \ \ \ , ORDINANCE NO. 878 AN ORDINANCE ESTABLISHING A WRECKER ROTATION LIST; REQUIRING A PERMIT FOR WRECKER COMPANIES TO BE PLACED ON THE ROTATION LIST; SETTING FORTH RULES AND REGULATIONS PERTAINING TO THE OPERATION OF SUCH WRECKER COMPANIES; ESTABLISHING WRECKER PERMIT FEE; 'ESTABLISHING RATES AND THE HOURS OF AVAILABILITY FOR RECLAIM BY THE VEHICLE'S O'iNER; PROVIDING FOR THE INDEFINITE SUSPENSION OF WRECKER SERVICE PERMITS; PROVIDING FOR A PENALTY FOR VIOLATION OR OPERATING WITHOUT A VALID PERMIT; AND DECLARING AN HŒRGENCY. BE IT ORDAINED by the City Council of the City of North Richland Hiils, Texas: 1. The following terms, where used in this ordinance, shall have the meaning and effect hereinafter set forth. 1. Wrecker Vehicles: Any motor vehicle used systematically or regularly as a tow vehicle for another motor vehicle. 2. Damaged Motor Vehicles: Any motor vehicle inoperative as a result of a collision or otherwise. 3. Abandoned Motor Vehicles: Any motor vehicle left unattended on a public street or other public property for a period in excess of forty-eight (48) hours. 4. Stored Vehicles: Any vehicle held for safekeeping by licensed wrecker company. II. No person, firm, or partnership corporation shall be placed on the wrecker rotation list for the City of North Richland Hills, Texas, unless they possess a current wrecker service permit from the City, and approved to operate same through the Chief of Police. The wrecker rotation list shall be limited to four (4) qualified and approved wrecker services. III. All applicants for wrecker service permit must furnish the Chief of Police with the following: 1. A written application for each wrecker stating the location of applicant's storage facilities where all damaged, inoperative and abandoned vehicles will be taken for safekeeping. 2. All wrecker companies shall carry insurance in limits of not less than the following sums and shall furnish to the Chief of Police a copy of their insurance policy indicating the coverages and amounts: , . '. , Sec. 1 (a) Bodily Injury Liability: $10,000 for each person; $20,000 for each accident. (b) Property Damage: $10,000 for each wrecker vehicle. 3. The written application for a wrecker service permit shall state the names, drivers license numbers, addresses, and telephone numbers of those persons who will operate appli- cant's storage area. All of the required information must be kept current, showing all additions and/or deletions to the approved applications on file with the City. 4. The written application for a wrecker service permit must conta~n a statement of applicant's fees for towing and storage. 5. The Chief of Police shall issue said permits to all appli- cants complying with the provisions of this ordinance after the applications have been completed and filed in his office, the permit fees paid, and after the Chief of Police or his duly authorized representative has inspected each such wrecker and determined that the wrecker complies with the following minimum requirements: (a) Each wrecker shall not be less than one ton in size. (b) Each wrecker shall be equipped with a power take-off winch, winch line and boom, with a factory rated capa- city of not less than 5,000 pounds. (c) Each wrecker shall carry as standard equipment a tow bar, safety chains, a fire extinguisher, wrecker bar, broom, axe, shovel, flags, flares, and scotch blocks. (d) Each wrecker shall have inscribed on each side thereof in letters not less than three inches in height the name and address of the company. (e) Each wrecker shall be radio equipped for communications with the North Richland Hills Police Department. 6. Such wrecker service permit fee shall be $10.00 for each wrecker on which a permit is desired. All permits issued shall expire on December 31 of the year in which they were issued. 7. All wrecker permits shall be visibly displayed on the inside lower right corner of the windshield of each wrecker operated within the City. IV. All wrecker companies desiring to be called for wrecker service by the City Police Department shall request in writing to be Sec. 2 Sec. 3 Sec. 1 Sec. 2 -- placed on the wrecker rotation list maintained by the Police Department and in addition to meeting the above requirements shall certify that all cars towed from within the city limits of North Richland Hills shall be stored in facilities located in the City of North Richland Hills or any other such location agreed upon by the owner/driver of the vehicle and the wrecker company. All such wrecker company storage facilities shall be enclosed by a permanent secure fence, the gate to which shall be locked at all times. The wrecker company shall have capa- bilities for auxiliary storage inside a locked building. Wrecker companies desiring to be placed on the wrecker rotation list shall carry Garage Keepers Extra Legal liability insurance to cover the maximum number of customers; automobiles stored for damage due to fire, explosion, theft, riot, vandalism and collision. A cash escrow deposit in the amount of $5,000.00 or an acceptable fidelity bond in the amount of $5,000.00 insuring and naming the City of North Richland Hills as beneficiary against physical damage loss to stored vehicles, theft of stored vehicles or any part thereof, or theft of contents of stored vehicles may be furnished in lieu of Garage Keepers liability insurance. The wrecker rotation list shall be used for all vehicles on which a pull is requested by the North Richland Hills Police Department. v. When a police officer's investigation of accident determines that aTIy vehicle which has been involved in a collision or accident is unable to proceed safely under it's own power, or when the owner thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove the vehicle. When the owner has designated the wrecker company desired, the police officer shall communicate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiv- ing such information at headquarters to call the designated company. In the event the owner of the vehicle involved in an accident or collision is physically unable to determine the wrecker company desired, or refused to designate one, the investigating officer shall communicate that fact immediately to Police Department Headquarters. The Police Department shall maintain a wrecker rotation list in alphabetical order which shall contain the names and addresses of each wrecker service company that complies with the provisions of Article III of this ordinance · .' in order that said company might be called upon for wrecker service by the Police Department. The police officer receiving a call at the Police Headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. After the company at the top of the list received a call then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provisions of this ordinance has received calls. The Police Department shall notify each wrecker company in sufficient time prior to its rendering said wrecker service in order that the company might adequately provide the necessary men and equipment to an~wer said calls. Sec. 3 In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call then the company shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answering said call has not reached said location with- in a reasonable length of time then the officer at the scene may proceed to call the next wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker service company called fails to comply with the provisions of the ordinance by proceeding to the desig- nated place within the time specified above then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. VI. All wrecker companies on the wrecker rotation list which are called for wrecker service by the North Richland Hills Police Department shall comply with the following schedule of rates and the hours of avail- ability for reclaim by the vehicle's owners. 1. Base charge for weekdays (8 AM to 5:30 PM) $32.50 2. Base charge for nights, weekends, and holidays $37.50 3. Use of dollies $15.00 4. Use of winch $12.50 5. Drop drive shaft $ 6.00 6. Stand-by time (after ini tial 15 min.) per hour $15.00 7. Vehicles of 1 ton and greater and up to 3 tons $35.00 8. Vehicles in excess of 3 tons $50.00 Vehicles need not be released except during the hours of 8 AM to 5:30 PM on week days and 8 AÞf to 12 noon on Saturdays. VII. No damaged or inoperative motor vehicle or trailer shall be re- moved by the owner or a wrecker service company from the scene of a collision or vehicle accident without notification to the North Richland Hills Police Department. VIII. 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 representative, shall notify the Police Dispatcher before proceeding to the scene of the disabled vehicle. IX. 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 diabled vehicles. v X. 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 leav- ing the site. XI. No employee 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. XII. The Chief of Police or his authorized representative, shall en- force 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 of Police. XIII. Sec. 1 The Chief of Police may, subject to the approval of the City Manager, indefinitely suspend the wrecker service permit issued to any company or any or all wreckers belonging to the company for violation of any of the provisions of this ordinance. · .' '.. , Sec. 2 Any person whose permit has been suspended may file an appeal to the City Council. The City Council shall have authority upon the hearing of the appeal to reverse, vacate or modify the suspension. XIV. All wreckers shall be driven at posted speeds unless otherwise directed by the officer in charge at the scene of the accident. XV. The wrecker company shall furnish the North Richland Hills Police Department with the description and registeration number of any vehicles which the company has been unable to locate the owner. This information shall be furnished within ten days from the date the company took custody of the vehicle. XV1. If the initial request for a pull comes from the North Richland Hills Police Department, no release shall be granted without authorization from the North Richland Hills Police Department. This provision shall not apply to pulls at owner's request which are relayed to the wrecker company by the Police Department. The police dispatcher shall inform the wrecker company whether a pull is owner's request or Police Department request. XVI 1. Any person, firm or corporation or agent who shall operate a wrecker without a permit or while a permit is under suspension is in violation of this ordinance, shall upon conviction in the Court of Juris- diction for any such violation be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00). XVIII. If any section, sub-section, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this code. XIX. All ordinances and parts of ordinances in conflict herewith, shall be, and the same are hereby repealed. xx. The fact that it is to the best interest of the City and its inhabitants, constitutes a measure for immediate preservation of the public peace, property, health, and safety of the City and its inhabitants, and creates an emergency requiring this ordinance be effective from and after its passage, and it is so ordained. , -c.., PASSED AND APPROVED this 23rd day of February , 19 81 . " de ~" II ',_., /' .' J" _---....! ,/ .. -". " /'~ . '. /,.' ~l / / " 1:>/ ( /¡. '~ .. 't. / ¿,t't¿J{/ D1ék Faram - Mayor ATTEST: f#::r;~ /{Q/:~::; APPROVED AS TO LEGALITY AND FORM: