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HomeMy WebLinkAbout412 10-26-1971ORDINANCE NO. 412 AN ORDINANCE REGULATING THE OPERATION OF WRECKERS AND TOW TRUCKS WITHIN THE CORPORATE LIMITS OF THE CITY OF EULESS, TEXAS; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING THAT THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE SHALL DETERMINE THE QUALIFICATION OF WRECKER AND TOW TRUCK APPLICANTS; PROVIDING FOR WRECKER OPERATION PROCEDURES; REQUIR- ING AND PROHIBITING CERTAIN ACTS BY WRECKER AND TOW TRUCK OPERATORS; PROVIDING A PENALTY, A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: ART I C LE I PERM ITS Section 1 - Wrecker and Tow Truck Operation Shall Require a City Permit. No person shall drive, operate, or cause to be operated, nor shall any person employ, permit, or allow another to drive, operate or cause to be operated any wrecker over any street in the City of Euless for the purpose of removing, moving or towing a disabled vehicle for compensation, nor shall any person accept compensation for the removing, moving, or tow- ing of any vehicle without first having obtained from the City of Euless, under the provisions of this Ordinance, a permit authorizing such opera- tion and act of said wrecker vehicle. Section 2 - Exceptions to Permit Requirement. The above section shall not be construed to prohibit the transporta- tion by a non - resident wrecker company of a wrecked or disabled vehicle from some point in the City of Euless other than the original accident scene to some point outside the City, nor shall it be construed to prohibit the transportation within the City by a non - resident wrecker company of a wrecked or disabled vehicle from a point outside the City limits to a point inside or outside the City limits. Section 3 - Application for Permit. Any person desiring a permit to operate a wrecker in the City of Euless shall file with the City Manager or his authorized representative, a written application for such permit. Such application shall be filed in letter form and shall be verified by the oath of the Applicant and shall give, among other details, the following information: ITEM IV Council Minutes October 26, 1971 a. The name, age, and a residence of the applicant, if a natural person. If the applicant is a partnership, the name, age, and residence of all partners, general and limited. If the applicant is a corporation, its name, date and place of incorporation, the address of its principal place of business, the names and residences of all its officers and di- rectors, the names and residences of all its stockholders owning ten per cent or more of the total issued capital stock, the amount of stock owned by each of them, the total amount and nature of its authorized capital stock, the amount thereof fully paid up, as well as a certified copy of its charter and by -laws, and further if the applicant is a foreign corpo- ration, a duly certified copy of its permit to do business in Texas. b. The length of time the applicant has been a resident of the City of Euless and the County of Tarrant. C. The trade name, if any, under which the applicant proposes to operate. d. The address of the place of business for which the applicant proposes to operate and the telephone number of said place of business. e. The make, type, model, capacity, and condition of each wrecker proposed to be operated; the design and color scheme of each wrecker, and the lettering and marks to be used thereon. f. The number of wreckers for which permits are desired. g. A full list of any unpaid judgments of record against the ap- plicant, which list shall include the name and address of each owner of a judgment, and the amount of such judgment. If the applicant is a partner- ship, a like list shall be furnished for the partnership and for each individual partner, general or limited. If the applicant is a corporation, a like list shall be furnished by the corporation. h. A full list of convictions of the applicant for violation of any and all federal, state, or municipal laws other than traffic statutes. If the applicant is a partnership, a like list shall be furnished for each individual partner, general or limited. If the applicant is a corporation, then a like list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten per cent or more of the total issued capital stock. i. A full list of any and all liens, mortgages, and other encum- brances on the wreckers owned by the operator for which permits are requested. Such list shall include the amount secured by each lien and mortgage or other encumbrance, the amount then due thereon, the character of such lien, mortgage, or other encumbrance, and the name and address of the holder of such lien, mortgage, or other encumbrance. j. Full information pertaining to the extent, quality, and character of the wrecker service the applicant proposes to render. -2- k. A full and complete statement of the experience, if any, the applicant has had in rendering such wrecker service in the City or else- where. If the applicant is a partnership, a like statement for the partnership and each partner, general and limited. If the applicant is a corporation, a like statement for the corporation and each of its officers and directors. Section 4 - Bond Required. Every applicant for a wrecker permit must file with his application a fidelity or surety bond written in an amount of $ 25,000.00 by a fidelity or surety insurance company authorized to do business in the State of Texas acceptable to the City Manager and the City Attorney. Section 5 - Wrecker Permits Not Transferable. Every application for a wrecker permit shall be accompanied by the payment of Twenty -Five Dollars ($25.00) for each wrecker to be operated by the applicant. All such permits issued shall expire on December 31 of the year in which they were issued, said permits shall not be transfer- able, and no permit shall be used on any wrecker vehicle other than the one for which it was issued. Section 6 - City Manager to Issue Permits. The City Manager shall with the provisions of this completed and filed in his Chief of Police or his duly such wrecker and determined minimum requirements: issue said permits to all applicants complying ordinance after the applications have been Dffice, the permit fees paid, and after the authorized representative has inspected each that the wrecker complies with the following a. Each wrecker shall be not less than one -half ton in size. b. Each wrecker shall be equipped with a power or hand - operated winch, winch line, and boom, with a factory -rated capacity of not less than five thousand pounds (5,000 lbs.) single line capacity. C. Each wrecker shall carry as standard equipment: a tow bar, safety chains, a fire extinguisher, wrecking bar, broom, axe, shovel, flags and flares. 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 operator shall furnish to the City a certificate from the Tax Assessor - Collector showing that no delinquent taxes are due the City by said wrecker operator. f. Each operator shall furnish a certificate of insurance showing valid policies in force on each wrecker vehicle in amounts of at least those required by state statutes. -3- Section 7 - Wrecker Permit May Be Revoked. The City Manager, after an administrative hearing, may revoke the permit issued on any or all wreckers belonging to an operator on any of the following grounds: a. If a permit was procured by fraudulent conduct or false state- ment of a material fact or a fact concerning applicant not disclosed at the time the application was made. b. If the applicant or any of his agents, servants, or employees proceeds to the scene of an accident in violation of the provisions of this ordinance. C. If the applicant or any of his agents, servants, or employees solicits any business in violation of the provisions of this ordinance. Such revocation of the permit shall terminate all authority and per- mission heretofore granted. Any person whose permit has been revoked shall not be eligible to again apply for a license or permit for a period of up to one year from the date of the revocation. Any person whose license or permit has been revoked by the City Manager may file an appeal therefrom to the City Council within twenty (20) days from the date of revocation. The City Council shall have authority upon the hearing of the appeal to reverse, vacate, or modify the order of revocation. Section 8 - Permits Displayed. All wrecker permits shall be visibly displayed on each wrecker vehicle operated in the City. ART I C LE I I Donrcnimrc Section 1 - Wrecker Pull Form. The City Manager shall cause to be prepared a form to be used for each wrecker pull in the City of Euless. Said form shall provide for the following information: a. The name of the owner or the name of his authorized representa- tive of any disabled vehicle desiring the towing or removing of said disabled vehicle. b. The place to which the owner or his authorized representative shall desire said vehicle to be taken. C. The name of the wrecker operator towing said vehicle and the name of the driver of the wrecker vehicle. -4 - d. The description of the vehicle to be towed. e. The signature of the owner or his designated representative authorizing the removal of said vehicle and the towing of said vehicle to its destination. Section 2 - Police Procedures. When a police officer investigating an accident in the City determines that any vehicle which has been involved in an accident should be removed by a wrecker, such officer shall first determine whether or not the owner or his authorized representative has already made arrangements for the removal of said vehicle. If the owner or his authorized representative has made such arrangements, the officer shall note the name of the wrecker operator contacted on the wrecker pull form. In the event the owner or his authorized representative has not already made such arrange- ments, the investigating officer shall cause the following steps to be taken in sequence to complete the wrecker pull form: a. The officer shall request that the owner or his authorized representative designate the place to which he desires the vehicle removed. b. The officer shall request that the owner or his authorized representative select a wrecker operator to be called to the scene to re- move said vehicle. C. The officer shall then immediately notify police headquarters of the information contained in "a" and "b" above, and the officer in charge at police headquarters or his designated representative shall im- mediately notify the wrecker operator selected and shall give him the information in "b" above and direct that he immediately proceed to the scene of the accident. d. If the owner of the vehicle disabled or his authorized repre- sentative has not selected a wrecker operator and does not care to make such selection and requests that the selection be made by the police department, the officer shall notify headquarters of this decision, and the officer in charge at police headquarters shall direct the wrecker operator holding a permit to do business in the City of Euless to go to the scene and remove the vehicle. e. Upon the wrecker operator's arrival at the scene, the officer shall complete the wrecker pull form and have the owner of the disabled vehicle or his authorized representative sign the same. One copy of the wrecker pull form shall be left with the owner of the vehicle or his authorized representative; the second copy shall be given to the wrecker operator; and the third shall be kept on file in the office of the City Manager. Section 3 - Police Pulls. Whenever a police officer of the City of Euless determines that a vehicle in good driving condition should be removed, but the vehicle has -5- been abandoned, or the operator has been arrested and must be taken into custody, or the vehicle is stolen or suspected of being stolen or the operator refuses or is physically unable to drive the vehicle, the officer shall notify police headquarters of the circumstances and request that the wrecker operator holding a permit to do business in the City of Euless be called and directed to the scene to remove said vehicle. On such oc- casion, said police officer shall complete the wrecker pull form, except for the signature of the owner of the vehicle, and shall show on the space provided for said signature of the owner that the vehicle has been pulled at the officer's request and shall sign his own name. The officer shall also note at the top of the card the reason for the removal of the said vehicle. In such instances the third copy of the wrecker pull form should be handed to or mailed to the owner of said vehicle. ARTICLE III MISCELLANEOUS PROVISIONS Section 1 - Required Service of Wrecker Operators Holding Permits. 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. ARTICLE IV PROHIBITED ACTS Section 1 - No Wrecker at Scene Unless Called by Police. No person shall drive a wrecker to or near the scene of an accident within the City of Euless 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. Section 2 - Solicitation of Wrecker Business Prohibited. No persons shall solicit any wrecker business in any manner, directly or indirectly, on the streets of Euless at or near the scene of an ac- cident or of wrecked or disabled vehicles. The presence of any persons engaged in the wrecker business, either as owners, operators, employees, or agents, on any street at or near the accident scene within one hour after the happening of such an accident shall be prima facie evidence of a solicitation and violation of this section. Section 3 - City Employees Not To Recommend Wrecker. No employee of the City of Euless shall recommend to any person, directly or indirectly, either by word, gesture, sign or otherwise, the name of any particular person engaged in the wrecker business for which solicitation is prohibited, 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. ARTICLE V PENALTY Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be fined in a sum not less than Twenty -Five ($25.00) Dollars, nor more than Two Hundred ($200.00) Dollars. ARTICLE VI SEVERANCE CLAUSE Should any section, provision, word, phrase, or clause of this Ordinance, or the application thereof to any person, or circumstances be held invalid, unconstitutional or ineffective, the remainder of the Ordinance and the application of such provisions to other persons or cir- cumstances shall not be affected thereby. ARTICLE VII EFFECTIVE DATE This Ordinance shall become effective and be in full force and effect from and after the date of its adoption and publication as by law provided. PRESENTED AND GIVEN FIRST READING on the 12th day of October, 1971, at a regular meeting of the City Council of the City of Euless, Texas; and given Second Reading passed and approved on the 26th day of October, 1971, by a vote of 4 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ATTEST: Mayor 44 raal Qz City Secretary 7-