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HomeMy Public PortalAboutOrdinance No. 538-85 06-10-1985 ORDINANCE N0. 538 • 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 OWNER; PROVIDING FOR THE INDEFINITE SUSPENSION OF WRECKER SERVICE PERMITS: PROVIDING FOR A PENALTY FOR VIOLATION OR OPERATING WITHOUT A VALID PERMIT; AND DECLARING AN EMERGENCY. BE IT ORDAINED by the City Council of the City of Richland Hi11s, 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. 11. I'~, No person, firm, or partnership corporation shall be placed on tY~e wrecker rotation list for the City of Richland Hills, Texas, unless they possess a current wrecker service permit from the City, and are approved to operate same through the Chief of Police. The wrecker rotation lis''t shall be limited to two (2) qualified and approved wrecker services. 111. ~ All applicants for wrecker service permits 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: 1 of 6 ' (a) Bodily Injury Liability: $100,000. for each person; $300,000. for each accident. • (b) Property Damage: $50,000. for each wrecker vehicle. (c) Garage Keepers Extra Legal Liability Insurance to cover the maximum number of customers; automobiles stored for damage due to fire, explosion, theft,. riot, vandalism a d collision. A cash escrow deposit in the amount of $25,000. or an acceptable fidelity bond in the amount of $25,000. insuring and naming the City of Richland Hills as benefi iary against physical damage loss to stored vehicles, theft o stored vehicles or any part thereof, or theft of content. of stored vehicles may be furnished in lieu of Garage Keepers liability insurance. (d) Each policy mentioned shall contain an endorsement providing for thirty ( 30) ,days notice to-~ .the City~:in the .event of any material change or cancellation of each policy. 3. The written application for a wrecker service permit shall iniclude but not be limited to the following: The names, drivers lice se numbers, addresses, and telephone numbers of those persons wh~ will operate applicant's vehicles and who will have access to applicants storage area. (All of the required information must be keptcurrent 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 contain a statement of applicant's fees for towing and storage. 5. The Chief of Police shall issue said permits to all applicants com- plying with the provisions of this ordinance after the applications have been completed and filed in his office, the permit fees aid, and after the Chief of Police or a duly authorized representative has inspected the storage area and each such wrecker and dete mined that the wrecker complies with the following minimum require ents: (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 capacity 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 iin letters not less than three inches in height the name ar~d address of the company. (e) Each wrecker shall be radio equipped for communications. • 6. Such wrecker service permit fee shall be established from time to time by resolution of the City Council. Until such resolution has been passed hereafter, the license fee shall be ten dollars ($10.00) for each wrecker. All permits issued shall expire on December 31, of the year in which they were issued. 2 of 6 7. All wrecker permits shall be visibly displayed on the inside of the windshield of each wrecker operated within the City. • IV. 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 Depart ent and in addition to meeting the above requirements shall certify that all cars towed from wit.h.in the city limits of Richland Hills ...,shall be stored in facilities located in the City of P.ichland Hillsj or any other such location agreed upon by the owner/driver of the v hicle and the wrecker company.or within a five (5) mile radius of ~Che City of Richland Hills. All sv.ch wrecker company storage facilities shall be located in a pragerly zoned area, enclosed by a permanent secure fence, the gate to which shall be locked at all times.. The wrecker company shall have capabilities for auxiliary storage inside a locked building. SEC. 2 The wrecker rotation list shall be used for all vehicles on which a pull is requested by the Richland Hills Police Department. V. I SEC. 1 When a police officer's investigation of an accident determines that any 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 officier shall request the owner to designate the wrecker company the Downer 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 receiving such information at headquar- ters to call the designated company. SEC. 2 In the event the owner of the vehicle involved in an accidentlor collision is physically unable to determine the wrecker compa y de- sired, or refuses. to designate one, the investigating officer'shall communicate that fact immediately to Police Department Headqu~.rters. The Police Department shall maintain a wrecker rotation list in al- phabetical 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 cared upon for wrecker service by the Police Department. The polic officer receiving a call at the Police Headquarters for wreck{eer ser- vice shall call the first wrecker company on the list to tow ithe disabled vehicle or move the same from the public streets of 'the City. After the company at the top of the list received a ca l then the company's name shall be placed at the bottom of the list nd the nex~ company shall be moved to the top of the list and it sha l re- ceive calls. This process shall be repeated until each company pro- viding wrecker service under the provisions of this ordinance has re ceived calls. The Police Department shall notify each wrecke~c com- • pany 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. 3 of 6 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 wherelit is directed and shall be given thirty minutes of time in whichl,to reach said location. If the wrecker service company answerin' said call has not reached said location within thirty minutes then the officer at the scene may proceed to call the next wrecker ser ice company on the list and that company shall have priority over that particular call. In the event that the wrecker service company call ed fails to comply with the provisions of the ordinance by prpceed- ing to the designated place within the time specified above then this wrecker service company shall be removed from the top ofllthe 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 Richland Hills Police Department shall comply with the following schedule of rates and the hours of availability for reclaim by the vehicle's owners. This in no way prohibits wrecker services from charg- ing fees of a lesser amount than shown. 1. Base charge for weekdays (8:00 A.M. to 5:30 P.M.) $37'.50 2. Base charge for nights, weekends, and holidays $37'.50 3. Use of dollies $15.00 • 4. Use of winch (minimum) $12.50 5. Drop drive shaft $10'.00 6. Stand-by time (after initial 15 min.) per hour $20''1.00 7. Vehicles of 1 ton and greater and up to 3 tons $35.00 8. Vehicles in excess of 3 tons $501.00 9. Storage fee $5.00 per day for 1st 5 days $10.00 per day for each day thereafter, not to exceed $20'10.00 Vehicles need not be released except during the hours of 8:00'A.M. to 5:30 P.M. on week days and 8:00 A.M. to 12:00 noon on Saturdays. VII. 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 notification to the Richland Hills Police Department VIII. • No person shall drive a wrecker to or near the scene of an accident within the City of 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 4 of 6 Dispatcher before proceeding to the scene of the disabled vehicle. • LX. Solicitation of Wrecker Business Prohibited - No persons shall solicit any wrecker business in any manner, directly or indirectly, on the streets of Richland Hills at or near the scene of an accident or of wr cked or disabled vehicles. 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 re- sulting wreckage or debris, including all broken glass, before leaving; the site. XI. No employee of the City of 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 rnlanner a decision of a person in choosing or selecting a wrecker operator. XII. The Chief of Police or an 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 ad- vance in writing by the Chief of Police. XIII. SEC. 1 The Chief of Police may indefinitely suspend the wrecker ser ice permit issued to any company or any or all wreckers belongin~ to the company for violation of any of the provisions of this o~di- nance. SEC. 2 Any person whose permit has been suspended may file an appeal to the City Administrator. The City Administrator shall have autho~*ity upon the hearing of the appeal to reverse, vacate or modify the suspension. XIV. All wreckers shall be driven at posted speeds unless otherwi~e di- rected by the officer in charge at the scene of the accident. XV. The wrecker company shall furnish the Richland Hills Police nepart- ment with the description and registration number of any vehicles which the • company has been unable to locate the owner. This information shall be fur- nished within ten days from the date the company took custody of the vehicle Additionally, each wrecker company shall furnish the Richland Hills Police Department a monthly report of all vehicles impounded as a result of ~ re- quest by the Police Department. Such report will indicate the year, make, 5 of 6 license and VIN~~ of said impounded vehicle, along with the date pulled„ reason pulled and date released. XVI. If the initial request for a pull comes from the Richland Hil s Police Department, no release shall be granted without authorization f~om the 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 tine wrecker com~any whether a pull is owner's request or Police Department request. XVII. 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 Jurisdiction for any such violation be punished by a fine of not more than TWO HUNDRED DOL RS ($200.00). XVIII. 'i If any section, sub-section, sentence, clause, or phrase of t~is or- dinance 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 }inha- bitants, 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. PASSED AND APPROVED THIS 10th DAY OF une 19$5. r 1~ ~ , ~ j - MAYOR ATTEST: APPROVED AS TO LEGALITY AND FORM: CITY SECRETARY CITY ORNEY 6 of 6 i