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HomeMy WebLinkAboutOrdinance No. 81-21 � . � . '~ ,I ,. ..t �t- • . ' � • a ORDINAPJCE NO . �,J � I AN ORDIZZANCE PROVIDING IT UNLAWFUL FOR AT�TY PERSON TO OPERATE AN EriERGENCY AUTO WR�CKEF� SERVICE WITHITI THE CITY WITHOUT HAVING FIRST OBTAINED A PERMIT THEREFOR; PROVIDING PP.00EDURES FOR THE ACQUISITIOPZ OF AN EPIERGENCY AUTO WRECKER PERMTT; PROVIDTNG OTHER r4ATTERS P.ELATING TO THE SUBJECT; PROVIDING A SEVEP.- ABILITY CLAUSE; AND PROVIDING A PETdALTY. ;�; x �: � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRI�NDSWOOD, STATE OF TEXAS : Section 1. Definitions . For the purpose of this Ordinance , the following terms , phrases and derivations shall have the meanings as set out herein : (a) Auto Wrecker - shall mean any autor.lobile, truck or other motor vehicle with a manufacturer ' s carrying capacity cer- tificate which indicates such vehicle does not have carrying capacity in excess of 6000 pounds , used for the purpose of towing, carrying, pushing or otherwise transporting any motor vehicle which has collided with another motor vehicle or other object, . or which has been wrecked or disabled in any manner , from one place to another for any purpose , including , but not limited to , the purpose of wrecking, storing or repairing the vehicle , and which does not appear at the scene of an accident wfiere a vehicle has been wrecked or disabled upon a public street or public place for the purpose or in the expectation of towing one of the vehi- cles from the scene unless summoned there by the owner upon re- quest or by the police dispatcher in a next-out rotation. The term "auto wrecker" shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked or disabled vehicles and not for such pur- poses , such as service cars equipped with compressed air contain- ers and tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles . An auto wreck- er can pick up vehicles for mechanical repair and bodyshop work and haul vehicles for any dealer as long as it does not appear at the scene of an accident. (b) Director - shall mean City Planager or his authorized representative. � , � . , , • _ .ti .� ` . , �, . ; . (c) Emergency Auto Wrecker - shall mean an auto wrecker which appears at the scene of an accident where a vehicle has collided with another vehicle or other object or..which-�has been wrecked or disabled in any manner for the purpose or in expecta- tion of towing, removing or hauling away the wrecked vehicles or vehicle from the scene of the accident . The only wrecker that will be allowed at the scene of an accident will be those wreckers who have been summoned by the City Police Dispatcher because of a request of the damaged auto owner or the next-out rotation list. (d) Owner - where used in connection with the person(s) issued a permit under this Ordinance, shall be construed to mean any person, or his agent , engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns or is entitled to use any auto wrecker or emergency auto wrecker, and who uses the same. �he term "owner" shall extend and be applied to asso- ciations, corporations , firms and partnerships as well as indivi- duals . (e) Motor Vehicles - shall mean only motor vehicles subject to registration pursuant to the Texas Certificate of Title Act. (f) Permit Holder - shall mean any person, partnership , corporation or other enterprise which has a valid auto wrecker or emergency auto wrecker permit issued by the City. This term shall be inclusive of the agents of any such person, partnership , corporation or other enterprise. (g) Wrecker Driver - shall mean any individual who actually operates and drives any auto wrecker or emergency auto wrecker on the streets of the City, either on his own account or in the employ of another. Section 2 . Permit Required. (a) It shall be unlawful for any person to drive or operate or cause to be driven any emergency auto wrecker upon any public street in the City for the purpose of towing or hauling wrecked or disabled vehicles , either for hire or as an incident to ob- taining the business of storing, wrecking or repairing such ` -2- * . . .' � . wrecked or disabled vehicles , away from the scene of an accident where the wrecked or disabled vehicles have collided with any other vehicle or other object or which have been wrecked of dis- abled in any manner, without having first obtained an emergency auto wrecker permit from the City, duly issued under this Ordi- nance to such person to operate an emergency auto wrecker on the streets of the City. (b) In any prosecution for a violation of the paragraph above, proof that an owner' s auto wrecker, for which an emergency auto wrecker' s permit has not been issued, was present at the scene of a collision or accident iri which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his auto wrecker as an unpernitted emergency auto wrecker. Section 3. Application for Permit. Any owner desiring to operate an emergency auto wrecker in the City shall make application to the Director for an emergency auto wrecker permit . Such application shall be submitted upon forms to be furnished by the Director, and the applicant shall furnish the following proof and information with his application, which shall be sworn to before a notary public: (a) That the owner making application is a citizen of the United States and has attained the age of eighteen (18) years . (b) The name and address of the owner shall be stated, and if the emergency auto wrecker is to be operated under the name of some other company, then the name of the owner and the name of the company shall be stated, Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the emergency auto wrecker is to operate . No transfer from one company to another company by the owner shall be permitted until the Director has been notified in writing and a signed copy of the new contract .and agreement has been submitted to him for approval, If an indi- vidual, the application shall so state. If a partnership , the partnership name and address shall be given together with the -3= . `� � Y , . • . names and addresses of all partners . If a corporation, the corporate name and office address shall be given together with the names and addresses of the president and secretary. (c) The application shall state the number of emergency auto wreckers the owner desires to operate and shall list the make, model , motor number and correct state license number of each vehicle to be operated by the applicant as an emergency auto wrecker. Section 4. Permit A lication Hearin : Considerations as to Pub ic Convenience an Necessit o A�plie - or Service. (a) Upon the filing of an application, the Director shall fix a time and place for a public hearing thereon. P10- tice of such hearing shall be given to the applicant and to all persons to whom permits have been theretofore issued, Due notice shall also be given the general public by the � posting of a notice of such hearing in the City Hall of the City. (b) In determining whether public convenience and nec- essity exists for the issuance of a permit on the application to operate an emergency auto wrecker on the streets of the City, the Director may take into consideration the following : (1) The financial responsibility of the applicant . (2) The number of vehicles to be operated. (3) Moral character of the applicant . (4) Make, model and type of vehicle or vehicles to be used. (5) The effect of additional vehicles upon traffic congestion, vehicular and pedestrians alike. (6) Storage facilities for wrecker vehicles and size of business location and lot . (7) Whether the vehicle shall be operated by the owner , or by his employee with bona fide em- ployer-employee relationship . (8) Whether the applicant proposes to own, rent or lease the vehicle to be used. -4- . , ,. ' (9) The number of emergency auto wreckers then in existence and licensed. (10) Whether the requirements of public canvenience and necessity can be met and complied with only by the issuance of additional certificates of public convenience and necessity for emergency auto wreckers . (11) The resulting effect upon the business of hol- ders of existing permits . Section 5 . Proof of Owner' s Financial Responsibility, Prerequisite to Permit Issuance. Before any permit shall be issued under this Ordinance , the applicant or permit holder, as the case may be , shall file with the Director a certificate of insurance setting forth that he has in full force and effect a policy of public lia- bility with limits not less than One Hundred Thousand Dollars ($100, 000. 00) bodily injury to each person, Three Hundred Thousand Dollars ($300, 000. 00) bodily injury each occurrence , and One Hundred Thousand Dollars ($100, 000. 00) property damage. Such policy of insurance shall be issued by an insurance com- pany approved by the Director and authorized to do business in the State of Texas . Failure to maintain such policy of insurance in full force and effect shall be just grounds for suspension or revocation of any permit issued under this Ordinance. Section 6 . Issuance of Permit. (a) Findings ; notification to the applicant . If the Director finds after the hearing and investigation that public convenience and necessity exists for the operation of the emergency auto wrecker(s) that have been applied for , he shall then notify the applicant in writing within fifteen (15) days that such vehicles are authorized to operate under the pro- visions of this Ordinance, so long as they are in compliance with all of the provisions hereof and all applicable federal , state, county and city laws and ordinances . (b) Fee ; Permit Period. The permit fee to operate an -5- . '. . emergency auto wrecker shall be Gne Hundred Dollars �$�QQ, QQZ per year, payable to the City, for each emergency auto wrecker authorized to operate by the Director . A "year" shall mean a calendar year commencing January 1 . The fee shall be nonrefundable . Fees for permits issued for less than a full calendar year shall not be prorated. All permits shall expire at midnight on December 31 . (c) When, by whom issuance authorized; contents . After the owner has filed his application for an emergency auto wrecker permit and the applicant has strictly complied with all the terms and conditions of this Ordinance, the Director shall authorize the City Secretary to issue to the owner a permit to operate an emergency auto wrecker(s) in the City upon the public streets . Each permit shall be dated and num- bered and shall show on its face the make, model , motor number and license number of each emergency auto wrecker authorized by the Director to operate, and said permit shall be carried at all times in or on the vehicle in a manner as to permit ready inspection. If the Director has determined that the permit should not be granted, issuance of the permit shall be deferred until all appeal periods have expired. (d) Permit personal to owner; Nontransferable; supplemental permit for additional or replacement vehicle . A permit issued under this Section for an emergency auto wrecker shall be a nontransferable personal permit to the owner and shall not entitle any other person or corporation to operate such emer- gency auto vehicle. Whenever an owner wishes to discontinue the use of an emergency auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the emergency auto wrecker in its place . He shall then file an endorsement forming a part of his insurance policy or certificate from his insurer, substituting the emergency auto wrecker covered by his permit with the other emergency auto wrecker he desires to use in its place. The Director shall then authorize the City Secretary to issue the owner a supplemental permit covering -6- the new emergency auto wrecker and cause the description of the old emergency auto wrecker to be cancelled from the ori- 4 ginal permit. In the insurance endorsement from the insurer and the supplemental permit , the old and new emergency auto wrecker shall be described by make , model, motor number and state license number. Where an owner has obtained an emer- gency auto wrecker permit and thereafter desires to increase the number of emergency auto wreckers to be operated, he shall file a supplemental application with the Director setting forth his permit number and the fact that he desires to operate additional emergency auto wreckers , giving the make , model , motor number and state license number of each additional emer- gency auto wrecker. He shall also file new proof of financial responsibility, as required by this Ordinance with respect to the new emergency auto wreckers , with the Director . An endorsement to the insurance policy or certificate of insurance then in force may be accepted in lieu of a new policy or cer- tificate to show such financial responsibility. The Director shall examine such supplemental application and proof of fin- ancial responsibility, and if the same are in order , he shall authorize the �ity Secretary to issue a supplemental permit covering the new emergency auto wrecker upon payment of all applicable fees and costs to the Gity Secretary. Section 7 . Grandfather Clause, Issuance of Permit to Persons En a e in Wrecker Business as o August �,�1 . Any owner of an emergency auto wrecker business situated within the City as of August l , 1981, shall be entitled to an emergency auto wrecker permit , upon providing proof of fin- ancial responsibility, and generally fulfilling all requirements prescribed in this Ordinance . Section 8 . Appeal From Issuance or Denial of Permit . After the Director has made his findings and declares same to the applieant for a permit under this Ordinance , he or the opponent(s) of such application shall have the right to appeal to the City Council within ten (10) days therefrom. The appeal shall be perfected by a letter addressed to the -7- � . . � • . (a) Upon complaint being filed by any person with the Director of a violation of any of the terms or provisions of this Ordinance or the violation of any of the applicable laws of the state , federal government or city, or upon motion of the Director , the Director shall , after fifteen (15) days written notice to the holder of the permit under this Ordinance of the grounds of such complaint or upon his motion, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this Ordinance or the laws of this state or fed- eral government or ordinances of the city, the Director may suspend, cancel or revoke the permit of such pernit holder for such period and under such terms and conditions as the Director may determine ; provided, however, the penalty for the first violation hereunder shall not exceed a ten day sus- pension. After the Director has held the hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit to any owner of an emergency auto wrecker, he shall make his findings and declare the same in writing to the owner or operator of such auto wrecker within fifteen (15) days after such hearing . (b) The owner of such emergency auto wrecker shall have the right of appeal to the City Council within ten (10) days from the receipt of the written decision of the I2irector only in the event of a revocation of the permit of the owner by the Director. Such appeal shall be perfected by letter to the Mayor and the City Council and delivered to the City Sec- retary stating that such an appeal is desired from the revo- cation by the Director. Upon receiving such an appeal, the City Council , as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard, and if the Council approves such an appeal , it then may hear such appeal and shall either sustain or reverse the revocation of the Director, and shall so notify the Director of its findings . The findings of the Council shall be final . -9- . .� . Mayor and City Council and delivered to the City Secretary stating that an appeal from the decision of the Director is desired. The Council, as soon as practicable after receiving such notice of appeal from the findings of the Director, and after hearing on such an appeal , shall sustain, modify or reverse the findings made by the Director, and shall so notify the Director of its findings . The findings of the City Coun- cil shall be final. Section 9. Time Limitation on New Application After Denial. If the Director finds from his hearings and investigation that public convenience and necessity does not exist for the operation of the vehicle or vehicles as applied for , he shall notify applicant in writing within fifteen (15) days from the last day of the hearing. An applicant who has been denied a permit by the director or by the City Council on appeal shall not be permitted to make another application for a permit within a period of one year from the date of his prior appli- cation. Section 10. S ecial Permit A lication Re uirements for Partners ip or Corporate App icants and Permit Holders . When a partnership or corporation applies for a permit under this Ordinance , all of the provisions and requirements appTicable to persons shall apply to and be required of each partner and each of the three (3) principal officers , and the failure of any of them to meet such requirements sha11 be grounds to deny the application of the corporation or part- nership . All changes of such officers or partners shall be reported to the Director within ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this Ordinance shall be cause for the suspension of the permit held by such corporation or partnership . Section 11. �'ermit� Suspension or Revocation; �evocation: Right of Appeal . -8- . �: ' ' If no appeal is taken from the Director' s action within ten (10) days , as set down above , then the decision of the Director shall be final. Section 12 . Authority of Director to Promulgate Rules and Regulations . The Director shall be authorized to make such rules and regulations as he deems appropriate for the operation of auto wreckers and emergency auto wreckers on the streets of the City and for storage of any motor vehicle transported by an emergency auto wrecker to a storage facility. Section 13 . Required Equipment . Al1 emergency auto wreckers and au o wreckers shall be provided with the following equipment , which equipment shall be adequate for the purpose(s) for which it is designated and shall further be kept in usable condition at all times : (a) Fire extinguisher-such fire extinguisher being de- fined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Minimum requirement of such fire extinguisher shall be a Stan- dard-type, five pound CO2 extinguisher, ABC rated, or its equivalent, or such other type and size as may be from time to time determined by the fire marshall of the City. (b) Parking flares-such parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. (c) All auto wreckers shall also be equipped with tow bar(s) which are part of the auto wrecker and shall have such tow bar(s) in place at all times when towing a vehicle , to hold it ridged and prevent swinging of the towed vehicle. (d) A broom and shovel for the purpose of clearing the street of debris , parts or glass . Section 14. Wrecker Driver Qualifications . No person shall drive or operate any auto wrecker or em- ergency auto wrecker , either on his own account or in the employ of another, except in compliance with the following standards -10- and conditions , to wit : (a) Al1 wreckers drivers must be eighteen (18) years of age or older. (b) All wrecker drivers must possess a current valid operator' s license, a commercial operator's license or chauf- feur' s license , which has been duly issued to him by the Texas Department of Public Safety. (c) All emergency auto wrecker drivers must provide evidence that they are covered by or included on the certi- ficate of insurance of a permit holder required in Section 5 above. (d) Drivers of emergency auto wreckers must have name on emergency auto wrecker and application list . Section 15 . Solicitation of Business on Streets of City Prohibited: (a) No person shall solicit in any manner, directly or indirectly, on the streets of the City, the business of tow- ing any vehicle which is wrecked or disabled on a public street , regardless of whether the solicitation is for the pur- pose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing said vehicle. (b) Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor ve- hicle owned or operated by any person engaged in the wrecker business either as owner, employee or agent, on any public street in the City, at or near the scene of a wreck, accident or collision, shall be prima facie evidence of a solicitation - in violation of this Section. Section 16 . Choice of Wrecker Service : Wrecker Rotation List. (a) Police not to solicit , recommend or influence choice; authorized to direct tow to police station. No police officer investigating or present at the scene of any wreck, accident or collision on a public street shall , directly or indirectly, either by word, gesture , sign or otherwise, recommend to any person the name of any particular owner engaged in the wrecker service or repair business , nor shall any police officer -11- influence or attempt to influence in any manner the decision of any person choosing or selecting a wrecker or repair ser- vice . Provided, that any police officer, in the exercise of . his discretion as a police officer, may direct that any vehicle (whether towed by a wrecker selected by the owner of the vehicle or from the "wrecker rotation list") shall be taken by the driver of the wrecker towing the vehicle directly to the po- lice station and there held by the City for any lawful purpose . (b) Police to use next-out rotation list; exception for city-owned vehicles . At no time will the city police depart- ment move a vehicle from the scene of an accident or remove a vehicle whose driver is under arrest without calling the next-out wrecker to move said vehicle. Nothing herein shall prohibit the police officer from calling the city wrecker to remove a city-owned vehicle . (c) Maintenance of next-out rotation list ; right of wrecker owners to inspect. The next-out rotation list will be kept in an orderly manner, subject to inspection by any wrecker owner at any reasonable time and when not interferring with the performance of the police department' s re�ular duties . (d) Right of owner to request particular wrecker service through police officer. The driver of the wrecked auto or the arrested driver of an auto has the right to request , through the investigation officer, a particular wrecker service. Section 17 . Authorization b Person Other than Owner to Pick U and Tow Ve ic e, Re ort to Police Department Require . Whenever the holder of an emergency auto wrecker permit is authorized to pick up and tow any vehicle, when such auth- orization was given by someone other than the last known re- gistered owner of the motor vehicle, the permit holder shall be responsible to do all of the following : Make a verbal report to the city police department im- mediately after the vehicle has been picked up . Section 18 . Drivers to Obe : Not to Interfere with Police 0 icers Investigating Acci ents . All emergency auto wreckers dispatched to the scene of -12- an accident by the police dispatcher shall obey all lawful orders given them by any police officer of the city investi- gating such accident and shall not in any manner interfere with such officer in the performance of his duty. Section 19. Removal of Disabled Vehicles , Permission of Police Required. Disabled vehicles shall not be removed without the in- vestigating officer ' s permission. No emergency auto wrecker driver shall remove any wrecked or disa�led vehic�e fro� :�he place where an accident has occurr.red or attach _his wrecker to the wrecked or disabled vehicle until the investigating officer arrives and has completed his accident investigation and or- dered the vehicle(s) to be removed. Section 20. Police to Provide Wrecker Company with Ve- hicle Ownership Information. It shall be fihe duty of the investigating officer to provide the wrecker company with the name , address and tele- phone number of the owner of the vehicle picked up at the scene of the accident , when possible. Section 21. Duty of the Wrecker Driver to Clear Street of Debris , Glass , Etc . It shall be the duty of the driver of the emergency auto wrecker that picks up a wrecked or disabled vehicle, for the purpose of towing the same away, to clear the street of any and all debris , parts or glass . In the event two (2) or more emergency auto wreckers pick up vehicles for towing , it shall be the duty of each driver to clear the streets of debris , parts or glass . The driver(s) of the emergency auto wrecker(s) indicated in this Section shall not leave the scene of an accident until full compliance with the provisions of this Section have been made. Section 22 . Wrecker Charges . (a) Established. The maximum and minimum rates and charges for emergency auto wrecker service furnished by permit holders hereunder shall be as determined by the City Council from time to time and on file in the office of the City Secretary and Director. -13- (b) Amendment of Charges . Wrecker charges may be changed only by proper amendment to the rate scfiedule adopted by the City Council. Section 23 . Immediate Storage of Towed Vehicles Required : Exception. All vehicles picked up by an emergency auto wrecker shall immediately be taken to the permit holder' s approved storage area, unless authorized to take the vehicle to another location is received from either the City Police Department or from the owner of the vehicle. Section 24. Hours Storage Facility Open for Receiving, Releasing Vehicles . The holder of an emergency auto wrecker permit shall be responsible for maintaining and operating the storage facility so tfiat vehicles may be received on a twenty-four hour per day basis and may be released at least between the hours of 7 : 00 a .m. and 7 : 00 p .m. daily, except Sundays and holidays . Section 25 . Storage Fees . The maximum and minimum rates and charges for storage ser- vice furnished by permit holders hereunder shall be as deter- mined by the City Council from time to time and on file in the office of the City Secretary and Director. Section 26 . Penalty. Any person violating any of the provisions of this Ordi- nance shall be deemed guilty of a misdemeanor and, upon convic- tion, shall be fined not less than ten dollars ($10 . 00) and not more than two hundred dollars ($200 . 00) . Each day of violation shall constitute a separate offense. Section 27 . Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Orciinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by any court of competent jurisdiction, it shall not affect, impair, nor invalidate this Ordinance as a whole or any part or provi- sion hereof other than the part so declared to be invalid or unconstitutional ; and the City Council of the City of Friendswood, -14- ` , � . .. � - - . Texas, declares that it would have passed each and every part the same notwithstanding the omission of any such part so de- clared to be invalid or unconstitutional , or whether there be one or more parts. PASSED AND APPROVED on first reading this the'�' �- day of ��c.c%:�t..�.���� , 1981 . � PASSED AND APPROVED on second reading this the �day of �((`'--�z Q.rCt` -�c C:�,/ 1981. PASSED, APPROVED AND ADOPTED on third and final reading tfiis the �� day of '�.C.�.,e=�,.�-c,.��_/ , 1981 . � ` Mayor ATTEST: ' -�.�.�. City Secretary APPROVED AS TO FORM: City Attorney -15- RATE SCHEDULE - OR.DINANCE N0. 8�.-21 The following rnaximum and ninimum rates and charges , as provided in applicable provisions of Ordinance 81-21 , heretoiore adopted, are hereby ap�roved and adopted by the City Council of the City of Friendscaood, Texas , and shall remain in effect until amended by proper order of the City Council . S•Trecker Charges (Maximum) 1. Normal tow from tne scene of accident in the City Limits to the pZace of business af the emergency auto wrecker location or storage area within City Limits, day, night , holidays or Sundays , a charge not to exceed $37 . 50 . 2. To disengage or renove drive shafts , a charge not to exceed $10 . 00 . 3. To remove and replace a tire and wheel in order to tow the disabled vehicle , a charge not to exceed $2. Q0 each wheel and tire. 4. To place a disabled vehicle on a dolly or to airplane it , a charge not to exceed $60 . 00 . • 5 . To remove a submerged vehicle , a charge not to exceed $I00. 00. 6. To upright an overturned vehicle or remove the vehicle from a ditch or embankment , a charge of $10 . 00 in addition to usual tow. , A normal tow is defined as "picking up the vehicle or �oving or tow�ing the vehicle fro� a street or location to a street or location. " _ StoraQe Fees (riaxinum) . 1. Outside storage . . . . . . . . . . . . . . $5 . 00 per day . 2. Inside storage. . . . . . . . . . . . . . . $8. 00 per day. ****ADOPTED 12-31-81