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HomeMy WebLinkAboutOrdinance 0343 ORDINANCE NO. 343 AN ORDINANCE REQUIRm} A PERMIT '1'0 EmAGE IN THE WREClŒR SERVICE BUSINESS, SE'rl'nÐ FORTH RULES AND RFDtJIATIONS PERTAINIm '1'0 '!'HE OPERATION OF A WRECKER COMPANY; PROVIDnG FOR A WRECKER ROTATION LIST; PROVIDDn FOR SUSPENSION OF PERMIT; PROVIDIlÐ FOR A PENALTY FOR VIOLA.- nON OF OPERA nON WITHOUT A PERMIT, FINE NOT '1'0 EXCEED 'lWO HUNDRED DOLLARS ($200.00); AND DECLARDIJ: AN EMElnENCY. BE IT ORDAINßD BY THE CITY COONCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: I. No person, firm partnership or corporation shall engage in the business of a mtor 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 turnish 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 amunts: 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 wrecker 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 paunds (5,000 lbs.) single capacity. c. Each wrecker shall carry as standard equipment: a tow bar, safety chains, a fire extinguisher, wrecking bar, broom axe, shovel, nags, and nares. d. Each wrecker shall have inscribed on each side thereof in letters Dot 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. 7. All wrecker permits shall visibly be displayed on each wrecker operated in the City. In. 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 Departuent 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 within one mile or the City Limits 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 one mile 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 max:1m.um number or customers' autombiles stored for damage due to fire, explosion, theft, riot,· vandalism and collision. A cash escrow deposit in the amunt of $5,000.00 or an acceptable fidelity bond in the amount of $5,000.00 insuring and naming the City or North Richland Hills as beneficiary against physical damage. loss to stored vehicles, theft of stored ve:hicles or any part thereof, or theft or contents of stored vehicles may be turnished in lieu of Garage Keepers Extra Legal liability insurance. Sec. 3. The wrecker rotation list shall be œed for all vehicles on which a pull is requested by the North Riclù.and Hills Police Department. 3 IV. Sec. 1. When a police orficer investigating an accide:nt 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 thereor is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker com.pany the owner desires to remve that vehicle. When the owner has designated the wrecker company desired, the police officer shall c01llll111icate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiving such inror- mation 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 colDp8.lJJ" does not have a valid wrecker service permit the owner shall be so informed and given an opportmñty to designate another company. Each officer shall carry a list of companies which have obtained valid wrecker service permits for the owners benefit. The officer in charge at the scene of the accident may authorize use of a company which does not have a permit if requested by the individual in need of service and if it will result in no unnecessary delay in clearing the scene or the accident. Sec. 2. In the event the ower 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 JIOve the same from the public streets of the City. After the company at the top of the list recei vas a call then the company's name shall be placed at the bottom of the list and the next company shall be mved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provi- sions 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 reasomable length of time in which to reach said location. Ir the wrecker service company answering said call has not reached 4 .. '" said location within a reasonable leÐgth 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 tnat the wrecker service company called fails to comply with the provisions of the ordinance by proceeding to the designated place within the time specified above then this wrecker service company shall be remved from the top of the list and placed at the bottom of the list. v. No damaged or inoperative mtor vehicle or trailer shall be remved 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 or the vehicle or his authorized representative or by the Police Department. Each such wrecker operator, when called by the owner of a disabled vebicle or his authorized representative, shall notify the Police Dispatcher berore 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 RicJùand Hills at or near the scene of an accident or of wrecked or disabled vehicles. VIII. Debris at Accident Scene to be ReDIoved - 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, berore 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 other- wise, 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 Chier of Police or his authorized representative, shall enforce this ordinance and make such inspection of facilities as deemed necessary. Arrr variance from the provisions of this ordinance DD1St be approved in advance in writing by the Chief of Police. 5 XI. Sec. 1. The Chief of Police may subject to the approval of the 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 remve 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 mdify the suspension. 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 owner's request or Police Department request. xv. Any person, firm or corporation or agent who shall operate a wrecker without a permit or while a permit is under suspension in violation or this ordinance, shall upon conviction in the Court of Jurisdiction for any such violation be punished by a fine of not more than 'NO HUNDRED DOLLARS ($200.00). XVI. 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. XVII. All ordinances and parts of ordinances in conflict herewith, shall be, and the same are hereby repealed. 6 xvnI. 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 effecti va from and after its pa~sage, and it is so ordained. PASSED AND APPROVED this 8th day of February , 1971. '-/: 0 APPROVED AS TO LIDALITY AND FORM: /J ~ ~r-ur- 4¥-~J LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before m.e, the undersigned authority on this day personally appeared Eleanor Lewi11mown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatiotl -in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Leg;81 Notice and that he caused said notice to be published in said newspaper on the following date/so 2/11/71 2/22/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Min r;i t.i AR n~ily NP.WR â~c:(~' Sworn to and subscribed before me, this thJ.·s t day o~ar., 1971- Nota ORDINANCE NO. 343 AN ORDINANCE REQU~G A PERMIT TO ENGAGE:,IN THE WRECKER SERVICE BUSINESS, SETTING F!>Rm ~ULES AND REGULATIONS PERTAINING TO THE Ope ERATION OF A WRECKER COMPANY; - PROVWlNG FOR A WRECKER -ROTA· rION LIST; PROVIDINÓ F()R SUSPENSION OF . PERMIT; PROVIDING FOR A PEN~. TY FOR VIOLATION .Ol<~ OPERATION WITHOUT: A PERMIT, FINE NOT :TO EXCEED TWO HUNDIŒD DOLLARS ($200.00);ÂND DECLARING AN EMERGEN· CY. PASSED AND APPROVED this 8th day of Febrûårý! f9Tl. ·s- Marion L. M.SSey MAY'.()R ATTEST: "s- Evalyn' R. Huston CITY SECRETARY .~, APPROVED AS TO LEGALlTY AND FORM: -s- Dennis Morrow CITY ATTORNEY MC Legal No. 6430 (Publish 2-11·71 thru 2-22-71) -12 . .! . ORDINANCE NO. 343 AN ORDINANCE REQUIRING A PERMIT TO ENGAGE IN THE WRECKER SERVICE . BUSINESS, SE'M'ING FORTH RULES AND REGULATIONS . PER.'!AINING TO THE OP- ERATION OF A WRECJ$ER COMPANY:' PROVIDING FOR A WRECKER RÓTA- . TION LIST; PROVIDING FOR SUSPENSION· OF PER~dTL PROVIDING FOR APEN~- TY FOR VIOLÀTl()N ;:OF OPERATION WITHOUT A PERMIT" FINE NOT TO : EXCEED TWO HUNDREI>-: DOLLARS ($200.00);. ,Atij), ~ DECLARING ,AN ÈMERqEN· : CY. . PASSED AND APPROVED : this 8th day of February, 197.1.. ~. -s- Marion L. Maa,se~ ; MA.~R. : ATTEST: -s- Evalyn R.' Huston CITY SECRETARY -s- DenniS' Morrow . CITY A'M'ORNEY MC Legal No. 6430 (Publish-2-11-71 thru 2-22-71) -.. .~..' .. , , " -' r ORDINANCE NO. 343 AN ORDINANCE REQUIRINCL A PERMIT TO ENGAGE IN THE WRECKER SERVICE BUSINESS, SETTING FORTI1: RULES AND REGULATIONS PERTAINING TO THE OJ?,;'~ ERATION OF A WRECKER COMPANY: PROVIDING. FOR A WRECKER ROTA. ' TION LIST; PROVIDING FOR SUSPENSION OF PERMIT¡: PROVIDING FOR A PENAL. 'TV FOR VIOLATION OF , OPER.ATION WITHOUT A PERMIT, . FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);. ANn DECLARING AN EMERGEN- CY. PASSED AND APPROVED this. åthday of February' 1971. . , . -s- Marion L~Massèy MAYOR A'M'EST: .s- Evalyn R.Huston CITYS~ÇJlj¡f.ARY -s- Dennis Morrow CITY ATTORNEY MC Legal No. 6430 t (Publish 2-11-71 t~f22-7!l. . ~-_._...- ,-- .- ORDINANCE ,"ÑO. 343 ANORDINÄNÇl.RF;QUlÍUNG A PERMIT reENGAGE IN THE WRECKER SERVICE· BUSINESS, SETTING.FORTH RULES AND REGULATIONS . PERTAINING TO THE OP- ERATION OF A WRECKER COMPANY: PROVIDING FOR A WRECJŒR ROT A- TION LIST; PROVIDING FOR SUSPENSION OF . PERMITL PROVIDING FOR A PENAl; TY FOR VIOLATION OF OPERATION . WrmoUT A PERMIT, FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); AND DECLARING AN· EMERGEN- CY. PASSED AND APPROVED this 8th day of February, 1971. -s- Marion L. Massey MAYOR ~'>'" - ATTEST: -s- Evalyn R. Huston CITY SECRETARY os-Dennis Morrow CITY ATTORNEY MC Legal No. 6430 (Publish 2-11-71 thru 2-22-71) 1 _..~-----~ ORDINANCE NO. 343 AN ORDINANCE REQtJIRING A . PERMIT TO ENGAGE IN THE WRECKER . SERVICE BUSINESS, SE'M'ING FORTH ~ULES AND REGULATIONS PERTAINING TO THE OP- ERATIONOF A WRECKER COMPANY; PROVIDING FOR A WRECKER ROTA- rION LIST; PROVIDING FOR SUSPENSION OFPER.MIT; PROVIDING FOR A PENAL- TY FOR VIOLATION OF OPERATION wrmOUT A PERMIT, FINE NOT TO EXCEED TWO HUNDRED DOLLARS '<_.00); AND. DECLARING AN EMERGEN-·' CY. PASSED AND APPROVED this 8th day of February, 1971. -s- Marion L. M-.y MAYOR ATTEST: -s- Evalyn R. Huston CITY SECRETARY APPROVED AS TO LEGALI- TY AND FORM: -s- Dennis Morrow CITY ATTORNEY MC Legal No. 6430 (Publish 2-11·71 thru 2-22-71) -12 ORDINANCE' NO. 343 AN ORDINANCE REQUmING A PERMIT TO ENGAGE IN THE WRECKER SER'VltE BUSINESS, SE'M'ING Ii'0RfH ~ULES AND REGULA100NS PERTAINING TO THE QP- ERATION OF A W.agçKER COMPANY; PROVIDI'flG FOR ,A WRECKER SmA- rION LIST; PROVIDING FOR SUSPENSION OF PERMIT; PROVIDING FOR A PENÀL- TY FOR VIOLATION' Ìn,' OPERATION WITHotrr ~ A PERMIT,FINE . NOT :ïro EXCEED TWO, HUNDFŒD DOLLARS ($200.00); AND DECLARING AN EMERGEN- CY. PASSED AND APpROVED this 8th day of February,l971. -s- ~arion L. Ml!ssey MAyPR A'M'EST: -s- Evalyn R. Huston CITY SECRETARY APPROVED AS TO LEGAl4TY AND FORM: os. Dennis Morrow CITY ATTORNEY MC Legal No. 6430 (Publish 2-11-71 thru 2-22-71) -12 ORDINANCE _: ' NO. 343 AN ORDINANCE REQUIRING A PERMIT TO ENGAGE IN THE WRECKER SEBviçi ~~~~~~~- PERT AINING't<Y THE" OP- ' ERATION Or'A WRÉCKER COMPANY; PROVIDING FOR A WRECKERR01~- rION LIST; PROVIDIr;'G FOR SUSPENSION OF PERMI'J!; PROVIDING FOR A PENAl;- TY FOR VIOLATION OF OPERATION WITHOÚÌ'À PERMIT, FINE NOT'-f<> EXCEED TWO HUNDRED DOLLARS ($200.00); AND , DECLARING AN EMERGEN- CY. PASSED AND APPRO~D this 8th day of February ,J911, - -s- Marion (,'~~~ä A'M'EST: -s- Evalyn R. Huston ",. CITY SECRETARY ~ . \J~ ~¡ APPROVED AS TO LEqALl'lX , , , , , AND foRM: -s- Dennis MOl'I'OW CITY ATTORNEY,' ;- MC Legal No. 6430 I (Publish 2-11-71 thru 2-22-71) -12 ; jo 1- r î,~ ~ - ORDINANCE _' :'AN'OiÞ~t:~G A PERMIT TO ENGAGE IN ¡THE WRECKER SERVICE BU~, SETTINGPORTII RULES AND REGULATIONS PERTAINING TO THE'OP- ·ERATlON OF ,A .~ COMPANY: PROVJJ:)ING FOR _Â. WRECKERIWI'A- TIQ!i~; PROVIDING FOR ~ON··. OF- PERMIT- PROVIDING FOR A PEN.u; TV FOR VIOLATION or OPDATION W1TØ<)UTA PERMIT,JI'INE ....NOT TO EXCEED. TWO HUNDRED 'DOLLARS ($200.00); AND DECLARING AN EMERGEN- CY~: PASSED AND APPROVED this 8th day of February, IS'll; os-Marion L. M~ MAYbR A'M'EST; ·+Evalýn R. Huston CITY SECRETARY -s- Dennis Morrow CITY ATTORNEY MC Legal No. 6430 (Publish 2-11-71 thru 2-22-71) . ..'" " " . , . \. .. ORDINANCE NO. 343 AN ORDINANCEREQUmM A PERMIT TO ENGAGE m THE WRECKERSERVIcB BUSINESS, SETTING FOR'11Î! ~ULES AND REGl1QTtONt -PERTAINING TO THE oø~, ERATION OF A· WR '.' COMPANY; PROV!D F(¡)R . A WRECKER -rJQN LIST;PROVIDIN SUSPENSION .:or P PROVIDING ·FOR A. P TY FOR VIOLATION -.~ OPERATION WlTHO PERMIT, FINE NO'P EXCEED TWO HUNn QOLLARS ($20IUIO)~' DECLARING AN EMERa CY. " PASsED AND this 8th day of F -s- . A'M'EST: . ~Evalyn R. H_ ·ClTYSBCRETARY APPROVED AS TO TY AND FORM: ,.ø:.Dennis Mórrow ClTYATroRNEY 'MC Legal No. _ , (Publish 2-11-71 'thru 2-22-Vl)-t2