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HomeMy WebLinkAboutOrdinance 0654 ORDINANCE 0654 DENIED 1-24-1977 ORDINANCE NO. 654 AN ORDINANCE REQUIRIOO A PERMIT TO EOOAGE IN THE WRECKER SERVICE BUSINESS, SE'ITIOO FORTH RULES AND RIDULATIONS PERTAINING TO THE OPERATION OF A WRECKER COMPANY; PROVIDINJ. FOR A WRECKER ROTATION LIST; PROVIDIID FOR SUSPENSION OF PERMIT; PROVIDIt-U FOR A PENALTY FOR VIOIA- TION OF OPERATION WITHOUT A PERMIT, FINE NOT TO EXCEED TWO HUNDRED OOLLARS ($200.00); AND DECIARIOO AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: I. No person, firm partnership or corporation shall engage in the business of a motor vehicle wrecker service for hire except as provided for in this ordinance within the corporate limits of the City of North Richland Hills, Texas, without first obtaining a wrecker service pennit from the City of North Richland Hills for each wrecker operated within the City of North Richland Hills. II. All applicants for a wrecker service permit must furnish the Chief of Police with the following: . 1. A written application stating the location of applicant's storage facility 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 certificate of insurance indicating these coverages and amounts: a. Bodily injury liability: $10,000 per person / $20,000 per accident b. Property damage liability: $10,000 per accident 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 applicant's wrecker vehicles and have access to applicant's storage area. 4. The written application for a wrecker service permit must contain a statement of applicant's fees for towing and storage. 5. The Chief of Police shall issue said permits to all applicants complying with the provision of this chapter after the applica- tions 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 requireuents. a. Each ~Œecker shall not be less than one ton in size. - ----- 2 b. Each wrecker shall be equipped with a power take-off winch, winch line, and boom, with a factory-rated capacity of not less than five thousand pounds (5,000 lbs.) single capacity. c. Each wrecker shall carry as standard equipment: a tow bar, safety chains, a fire extinguisher, wrecking bar, boom, axe, shovel, flags, flares, and dollies. 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 operator. e. Each wrecker shall be radio equipped for communication with the North Richland Hills Police Department. 6. Such wrecker service permit fee shall be $5.00 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. III. Sec. 1. All wrecker companies desiring to be called for wrecker service by the City Police Department shall request in writing to be 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. Such storage facilities located in North Richland Hills must be in a properly zoned area. All storage facilities shall be enclosed by a permanent six-foot solid fence, the gate to which shall be locked at all times. At least one approved wrecker shall be maintained and operated within the City Limits of North Richland Hills or within five hundred feet (5001) of the City Limits of North Richland Hills at all times. The wrecker company shall have capabilities for auxiliary storage inside a locked building. Sec. 2. 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 Extra Legal liability insurance. Sec. 3. The wrecker rotation list shall be used for all vehicles on which a pull is requested by the North Richland Hills Police Department. " . 3 IV. Sec. 1. When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its 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 that 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 receiving such information at Headquarters to call the designated company provided the company has previously obtained a valid wrecker service permit to operate in the City. In the event the company does not have a valid wrecker service permit the owner shall be so informed and given an opportunity to designate another company. Each officer shall carry à list of companies which have obtained valid wrecker service permits for the owners benefit. Sec. 2. In the event the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses 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 receives 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 answer 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 within 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 proceed- ing to the designated 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. 4 V. No damaged or inoperative motor vehicle or trailer shall be removed by the owner or a wrecker service operator from the scene of a collision or vehicle accident without notification to the North Richland Hills Police Department. VI. 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. 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. VIII. 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. IX. 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. 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 of Police. XI. Sec. 1. The Chief of Police may subject to the approval of tne City Manager and after an administrative hearing, suspend the wrecker service permit issued to any company on any or all wreckers belonging to the company or remove a company from the wrecker rotation list for a period of ninety days 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. ò . 5 XII. All wreckers shall be driven at posted speeds unless otherwise directed by the officer in charge at the scene of the accident. XIII. The wrecker company shall furnish the North Richland Hills Police Department with the description and registration 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. XIV. 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 owner1s request or Police Department request. XV. All city owned vehicles will be towed free of charge. XVI. Any person, firm or corporation or agent who shall operate a wrecker without a permit or while a permit is under suspension in violation of this ordinance, shall upon conviction of the Court of Jurisdiction for any such violation be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00). XVII. For the privilege of operating under this permit said companies must agree to pay to the City of North Richland Hills, Texas an amount equal to 2% of the gross receipts from the operation of wrecker service within the corporate limits of the City of North Richland Hills, which amount shall be paid monthly to, the City Secretary, such payment to be made on or before the 25th of the succeeding month. 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. - . . ORDINANCE 0654 DENIED 1-24-1977 ORDINANCE NO. 654 AN ORDINANCE REQUIRIOO A PERMIT TO EtUAGE IN THE WRECKER SERVICE BUSINESS, SE'ITIrl1 FORTH RULES AND RIDULATIONS PERTAINING TO THE OPERATION OF A WRECKER COMPANY; PROVIDING FOR A WRECKER ROTATION LIST; PROVIDING FOR SUSPENSION OF PERMIT; PROVIDIt-U FOR A PENALTY FOR VIOIA- TION OF OPERATION WITHOUT A PERMIT, FINE NOT TO EXCEED TWO HUNDRED OOLLARS ($200.00); AND DECIARIOO AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: I. No person, firm partnership or corporation shall engage in the business of a motor vehicle wrecker service for hire except as provided for in this ordinance within the corporate limits of the City of North Richland Hills, Texas, without first obtaining a wrecker service permit from the City of North Richland Hills for each wrecker operated within the City of North Richland Hills. II. All applicants for a wrecker service permit must furnish the Chief of Police with the following: . 1. A written application stating the location of applicant's storage facility 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 certificate of insurance indicating these coverages and amounts: a. Bodily injury liability: $10,000 per person / $20,000 per accident b. Property damage liability: $10,000 per accident 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 applicant's wrecker vehicles and have access to applicant's storage area. 4. The written application for a wrecker service permit must contain a statement of applicant's fees for towing and storage. 5. The Chief of Police shall issue said permits to all applicants complying with the provision of this chapter after the applica- tions 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 requireuents. a. Each ~Œecker shall not be less than one ton in size. I .___--- 2 b. Each wrecker shall be equipped with a power take-off winch, winch line, and boom, with a factory-rated capacity of not less than five thousand pounds (5,000 lbs.) single capacity. c. Each wrecker shall carry as standard equipment: a tow bar, safety chains, a fire extinguisher, wrecking bar, boom, axe, shovel, flags, flares, and dollies. 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 operator. e. Each wrecker shall be radio equipped for communication with the North Richland Hills Police Department. 6. Such wrecker service permit fee shall be $5.00 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. III. Sec. 1. All wrecker companies desiring to be called for wrecker service by the City Police Department shall request in writing to be 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. Such storage facilities located in North Richland Hills must be in a properly zoned area. All storage facilities shall be enclosed by a permanent six-foot solid fence, the gate to which shall be locked at all times. At least one approved wrecker shall be maintained and operated within the City Limits of North Richland Hills or within five hundred feet (5001) of the City Limits of North Richland Hills at all times. The wrecker company shall have capabilities for auxiliary storage inside a locked building. Sec. 2. 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 Extra Legal liability insurance. Sec. 3. The wrecker rotation list shall be used for all vehicles on which a pull is requested by the North Richland Hills Police Department. I '. , 3 IV. Sec. 1. When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its 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 that 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 receiving such information at Headquarters to call the designated company provided the company has previously obtained a valid wrecker service permit to operate in the City. In the event the company does not have a valid wrecker service permit the owner shall be so informed and given an opportunity to designate another company. Each officer shall carry a list of companies which have obtained valid wrecker service permits for the owners benefit. Sec. 2. In the event the owner of a vehicle involved in an accident or collision is physically unable to 'designate the wrecker company desired, or refuses 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 receives 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 answer 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 within 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 proceed- ing to the designated place within the time specified above then this wrecker servi ce company sha 11 be removed from the top of the 1 i stand placed at the bottom of the list. 4 V. No damaged or inoperative motor vehicle or trailer shall be removed by the owner or a wrecker service operator from the scene of a collision or vehicle accident without notification to the North Richland Hills Police Department. VI. 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. 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. VIII. 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. IX. 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. 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 of Police. XI. Sec. 1. The Chief of Police may subject to the approval of tne City Manager and after an administrative hearing, suspend the wrecker service permit issued to any company on any or all wreckers belonging to the company or remove a company from the wrecker rotation list for a period of ninety days 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. ¡, 5 XII. All wreckers shall be driven at posted speeds unless otherwise directed by the officer in charge at the scene of the accident. XII I. The wrecker company shall furnish the North Richland Hills Police Department with the description and registration 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. XIV. 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 owner1s 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. XV. All city owned vehicles will be towed free of charge. XVI. Any person, firm or corporation or agent who shall operate a wrecker without a permit or while a permit is under suspension in violation of this ordinance, shall upon conviction of the Court of Jurisdiction for any such violation be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00). XVI I. For the privilege of operating under this permit said companies must agree to pay to the City of North Richland Hills, Texas an amount equal to 2% of the gross receipts from the operation of wrecker service within the corporate limits of the City of North Richland Hills, which amount shall be paid monthly to, the City Secretary, such payment to be made on or before the 25th of the succeeding month. XV II 1. 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. 6 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 to be effective from and after its passage, and it is so ordained. PASSED AND APPROVED THIS DENIED 1-24-1977 day of 1977. Tom E. Newman, Mayor ATTEST: Jeanette Moore, City Secretary APPROVED AS TO LEGALITY AND FORM: Rex McEntire, City Attorney