O-2011-3320 amend Ch78-permitting/operation of Automobile Wreckers and Towing Vehicles

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request the owner to designate the auto wrecker or towing company the owner desires to remove that vehicle. When the owner has designated the wrecker or towing 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 can respond to the location within 20 minutes. If the company cannot respond in the designated time, the owner shall be so informed and given an opportunity to designate another company. (d) If 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 the fact immediately to police department headquarters. The police department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker or towing service company that complies with the provisions of this article in order that such company might be called upon for wrecker service by the police department. The police officer receiving a call at police headquarters for wrecker service shall call the first auto wrecker or towing service company on the list to tow the disabled vehicle or move the vehicle from the public streets of the city. A corn aanv holding more than one wrecker or, tow truck nermit is respond within ;the time frame established in subparagraph ;(e) below, 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 or towing service under the provisions of this article has received calls. The police department shall notify each wrecker company in sufficient time prior to its rendering such wrecker service in order that the company might adequately provide the necessary men and equipment to answer the calls. Specifically requested wreckers must be duly licensed by the state and able to respond to the scene within a 20 -minute time frame. If they cannot respond in that time frame, the officer in charge will advise the requesting party and request a wrecker from the rotating list. (e) If an auto wrecker or towing service company is requested by the police department to make a call and the company agrees to make the call, then the company shall proceed immediately to the scene where it is directed and shall be given a 20 -minute time frame to reach such location. If the auto wrecker or towing service company answering the call has not reached the location within 20 minutes, then the officer at the scene may proceed to call the next auto wrecker or towing service company on the list, and that company shall have priority over that particular call. If the auto wrecker or towing service company called fails to comply with the provisions of this article by proceeding to the designated place within the time specified in this subsection, then this auto wrecker or towing service company shall be removed from the top of the list and placed at the bottom of the list. (f) This section only applies to accident scenes and not to custodial arrests. The 20 -minute time frame does not apply if the officer in charge deems the situation to be too dangerous in nature to wait that period of time." Section 7: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-329 "Permissible fees and Charges for Non -Consent Towing", subparagraph "(a)", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: 5