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HomeMy WebLinkAboutO-1991-1746 . . ORDINANCE NO. 1746 ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE"; REGULATING AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE: section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, section 6-1 through section 6-26, both inclusive, thereof, and substituting therefore the following, to-wit: Sec.6-1-A. Effect of State Law and Reaulations The provisions of this ordinance are subject to the provisions of the Texas Tow Truck Act, Article 6687-9b, Revised civil Statutes; Article 667Sa-Si, Revised Civil Statutes, providing for special license plates for tow trucks; rules and regulations promulgated by the Texas Commissioner of Licensing and Regulation under the provisions of the Texas Tow Truck Act, Article 6687-9b; and the Texas Vehicle Storage Facility Act, article 6687-9a, Revised civil Statutes. In the event of any conflict between the provisions of this ordinance and any provisions of such State statutes and the regulations promulgated thereunder, the provisions of the relevant State statutes and regulations thereunder shall control, to the extent of such conflict. Specifically, and without limiting the generality of the foregoing, the City of La Porte may not require a tow truck registered under the provisions of the Texas Tow Truck Act, to obtain city of La Porte Registration, license, or permit for consent tows unless the tow truck owner has a place of business located within the boundaries of the City of La Porte. The City of La Porte may require City of La Porte registration, license, or permit for all tow trucks performing non-consent tows within the boundaries of the City of La Porte without regard to the location of the place of business of the tow truck owner. The ci ty of La Porte registration, license, or permit will be in addition to the requirements of the Texas Tow Truck Act. Sec. 6-1-b. Definitions. (a) Towina Vehicle. The term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any motor vehicle which has collided with another motor vehicle or other obj ect, 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 does not appear at the scene of an accident where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene. The term "towing vehicle" shall not be construed to include a,.,service car or other vehicle not equipped with mechanical'devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped with compressed air containers and tools . . Ordinance 1746 Auto Wrecker and Towing Vehicle Page 2 (b) (c) (d) (e) (f) Sec. 6-2. for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. Auto Wrecker. ' The term "auto wrecker", as used in this chapter, shall mean a towing vehicle which may lawfully appear 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 expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident. Person. The term person shall include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. Wrecker Driver. The term "Wrecker Driver" as used in this chapter, means any individual who actually operates and drives a "Towing Vehicle" or an "Auto Wrecker" on the streets of the Ci ty of La Porte, ei ther on his own account or in the employ of another. Owner. The term Owner, as used in this chapter, shall be construed to mean any person 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 "Towing Vehicle", and who uses same in the conduct of his business or any part thereof. Committee. The term "Committee", as used in this chapter, shall mean the City Wrecker Committee. The City Wrecker Committee shall be composed of the following persons: 1. The Chief of POlice, City of La Porte, or his duly designated representatives; 2. A Member of the City Staff of the City of La Porte; A duly appointed representati ve of the La Porte Wrecker Association; 3. 4. city Manager of the City of La Porte or his duly designated representative. Permits Reauired. (a) Towina Vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore defined 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 obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles without having first obtained a towing vehicle permit, from the City of La Porte, duly issued to such person to operate the vehicle on the streets of the city under the terms and provisions of this chapter. . . Ordinance 1746 Auto Wrecker and Towing Vehicle Page 3 (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, 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 obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permi t, from the state of Texas, duly issued to such person to operate an emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, proof that an owner's wrecking vehicle was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his wrecking vehicle as an unlicensed towing vehicle or auto wrecker as the case may be. Sec. 6-3. Insurance reauired. (a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of said permit shall be granted, the owner shall be required to file an insurance policy and/or certificate of insurance policy and or certificate of insurance with the City Secretary, evidencing insurance coverage complying with the requirements contained in paragraph (b) below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability policies must show the year, make and model, state license number and motor number of all towing vehicles or auto wreckers, which have been authorized to operate by the City of La Porte. Further, all insurance policies or certificates of insurance must include an endorsement listing the City of La Porte as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the City Secretary shall be given at least ten (10) days' written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. Each tow truck with the gross vehicle weight of 26,000 pounds or less must carry $300,000.00 combined single limit coverage. Each tow truck with a gross vehicle weight over 26,000 pounds must carry $500,000.00 combined single limit coverage. Insurance coverage shall comply with the provisions of the Texas Tow Truck Act in all respects. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued wi thout further notice to the owner, if satisfactory e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 4 insurance as herein required is not in full force and effect at all times, with satisfactory evidence that said insurance is in full force and in effect, being on file with the City Secretary of the City of La Porte. Sec. 6-4. ADDlication for Towina Vehicle Permits. Any owner desiring to operate a towing vehicle or vehicles in the city shall apply in writing for a permit to the City Secretary, and shall state the following in his application: 1. The name and address of the owner. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with 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. 2 . The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. 3. The true ownership of each towing vehicle. If not owned outright by the owner as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract with some company other than the owner, a copy of the contract shall also be attached. 4. A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of Police of the City of La Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit may be revoked or suspended without notice to the owner. 5. The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit fee of FIFTY DOLLARS ($50.00) a year for each towing vehicle the owner desires to operate. All permits shall expire on the thirty first of December each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding thirty first day of December. If a permit is granted subsequent to the 1st day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. Sec. 6-5. Issuance of Towina Vehicle Permits. After the owner has filed his towing vehicle application, permit fee, and insurance policy, and the City Secretary has examined same and found them to be in compliance with the terms of this chapter, he shall issue to the owner a permit for each towing vehicle licensed, which permit shall bear upon e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 5 its face a notice that the same expires on the succeeding December thirty first. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. Sec. 6-6. Additional and Replacement Towina Vehicle Permits. (a) When an owner has obtained a towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional towing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle permits. (b) He shall also file with the City secretary a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Secretary shall examine such supplemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle permits covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of a towing vehicle during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The City secretary shall, upon the payment of a TWENTY FIVE DOLLAR ($25.00) transfer fee, issue the owner a new permit covering the replacement towing vehicle as provided in 6-5, and cause the old towing vehicle permi t to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described' by make, model, motor number and state license number. Sec. 6-7. ADDlication for Auto Wrecker Permits. Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make application to the City Secretary for an auto wrecker permit or permits. Such application shall be submitted upon form to be furnished by the City Secretary and the applicant shall furnish the following proof and information with his application. e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 6 (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some company other than the name of the owner, then 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 auto wrecker is to operate. The auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. If any individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the 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. All of the provisions and requirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the ci ty Secretary wi thin 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 chapter shall be cause for the suspension of all permits held by such corporation or partnership. (b) The application shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the City Secretary, upon making application a sum of money in the amount of ONE HUNDRED DOLLARS ($100.00). Said sum shall be used to pay for the advertising of such application in the newspaper for two (2) consecutive weeks. within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two (2) consecutive weeks a notice to all holders of auto wrecker permits and all other interested persons. Such notice shall advertise the time and place of public hearing, which said hearing shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the business under which the applicant proposes to operate and any other pertinent data that the ci ty Secretary may deem necessary. If such deposit is in excess of the cost of advertising, the city secretary shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the City Secretary shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or not the application for an auto wrecker permit will be granted, based upon the number of permi ts outstanding and whether or not the granting of the application will not be detrimental to the public convenience and necessi ty shall be heard before the committee at the time and place designated. - . Ordinance 1746 Auto Wrecker and Towing Vehicle Page 7 (d) The committee shall have in attendance at such hearing a representative from the city legal department, and any other persons that it may deem necessary to conduct said hearing. At the time of the hearings and investigation with reference to whether or not public convenience and necessity exists for the issuance of such permits, the committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of any protestants and their witnesses and shall have the right to call such other witnesses as the councilmen may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committee shall take into consideration the following: 1. The financial responsibility of the applicant; 2. The number of vehicles to be operated; 3. Make, model and type of vehicle or vehicles to be used; 4. The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike; s. Whether or not all insurance required by this Chapter has procured or will be procured; 6. That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, and that the lot is located within the city limits of the City of La Porte; 7. Determine that all city ad valorem taxes and other taxes of the applicant have been paid; 8. Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer/employee relationship; 9. Whether the applicant proposes to own, rent or lease the vehicle to be used; 10. The number of auto wreckers then in existence and licensed; 11. Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional certificates of public convenience and necessity for auto wreckers; 12. Any and all other facts the committee may deem relevant. e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 8 Sec. 6-8. Issuance of certificates of Convenience and Necessity for Auto Wrecker Permits. If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing within ten (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. Sec. 6-9. Denial of certificate of Convenience and Necessitv for Auto Wrecker Permits. If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another application for six (6) months from the date of his filing of the application for the auto wrecker permit. Sec. 6-10. Anneal from the Findinqs of the citv Wrecker Committee. After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten (10) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appeal, and the Council, as soon as practicable, after receiving said notice of appeal together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the City Secretary of its findings. The findings of the City Council shall be final. If no appeal is made to the city Council from the committee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for Auto Wrecker Permits. The permit fee to operate an "auto wrecker" or "auto wreckers" shall be FIFTY DOLLARS ($50.00) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. e . Ordinance 1746 Auto Wrecker and Towing Vehicle Page 9 Sec. 6-12. Issuance of Auto Wrecker Permits. After the owner has filed his application for an auto wrecker permit, a hearing held and public convenience and necessity found to exist, and the applicant has filed the required insurance, and the ci ty Secretary and ci ty Attorney have examined same and found them to be in compliance with the terms of this chapter, the City Secretary shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the license number of the auto wrecker. Said permits shall be issued by the City Secretary upon authorization of the Committee to be attached to the auto wrecker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the state of Texas for said auto wrecker. These permits are and shall always remain the property of the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unlawful for the owner of said permits to retain such permi t, and he shall cause said permi t to be destroyed or surrendered to the ci ty Secretary of the City of La Porte immediately upon notification or such suspension or revocation, as is feasible. Sec. 6-13. Revocation or Susnension of Auto Wrecker or Permits or Towina Vehicle Permits. (a) Upon a complaint being filed by any person with the City Secretary of a violation of any of the terms or provisions of this chapter or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, 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 chapter or the laws of this state or federal government or other ordinances of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the right to appeal to the City Wrecker Committee within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the City Secretary, stating that an appeal is desired from the revocation of the committee. The ci ty Secretary shall notify the City Council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Wrecker Committee grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, the decision of the committee shall be final. e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 10 Sec. 6-14. Transfer of Auto Wrecker Permits. Whenever an owner wishes to discontinue the use of an 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 auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The ci ty Secretary shall, upon the payment of a TWENTY FIVE DOLLARS ($25.00) transfer fee, issue the owner a new permit covering the new auto wrecker, as provided in section 6-12 hereof, and cause the old auto wrecker permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Sec. 6-15. Permits are Personal to Owners Thereof. (a) A permit issued hereunder for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The permits issued pursuant to this chapter are transferable as between owners only upon the express approval of the committee, and shall be subject to a TWENTY-FIVE DOLLAR ($25.00) transfer fee, if approved. A denial of the right to transfer a permit may be appealed to the City Wrecker Committee, in compliance with the terms of section 6-10 hereof. Upon cancellation of any permit no portion of the permit fee shall be refunded to the owner thereof. Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for any person, corporation or partnership to use the streets of the ci ty for the operation of a towing vehicle or an auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any property used and useful in the furnishing of towing vehicle or auto wreckers shall, on or before the thirty first day of January of each year, furnish the city Secretary with satisfactory evidence that all ad valorem and other taxes due the city have been duly paid. If an investigation by the City Secretary discloses that such taxes were not in fact paid, the owner's permit shall be automatically suspended, and if such taxes are not paid in full within sixty (60) days thereafter, the committee may cause such permit to be indefinitely suspended, cancelled or revoked. Sec. 6-17. Reaulations on ODerations. (a) The committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not inconsistent with any of the provisions of this chapter, deemed necessary to protect public safety and welfare. Specifically, but without limitation, the committee is hereby authorized to e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 11 promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the City of La Porte at anyone time. The committee shall cause the city Secretary to serve copies of such rules on owners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any permit holders shall have the right, in accordance with the provisions of Section 6-10, to appeal to the City Council with regard to any rules and restrictions promulgated by the committee felt by such permit holder to be unduly onerous. Sec. 6-18. Procedure by Auto Wrecker ODerators at Scene of Disabled Vehicle. (a) Whenever an auto wrecker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally park his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic. He shall not park his vehicle within a distance of fifty (50) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any wrecked or disabled vehicle at the place where an accident has occurred, by words, cards, circulares or gestures. (c) All auto wrecker drivers arr1v1ng at the place where any accident has occurred shall obey all orders given them by any police officer of the ci ty investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicle from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle, until: the police officers investigation; and 2. the driver of the said vehicle, or the police officer where the driver is unable, has given permission. 1. have completed their (e) The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle oWner arrives shall not constitute an exception to this section and it shall be the duty of any wrecker owner to cause the police department of the city to be notified of the occurrence of the accident and to await the arrival of the police officers of the city and the completion of their investigation. (f) All wrecker drivers shall, at all times, obey all traffic laws of the State of Texas and the City of La Porte. e e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 12 Sec. 6-19. Wrecker Rotation List. (a) All auto wreckers desiring to be called for wrecker service by the City Police Department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the Police Department. (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the La Porte Police Department, except in a non-arrest situation, where vehicle owner has requested a specific wrecker. (c) When a police officer investigating an accident 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 thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that 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 Headquarters to call the designated company provided the company can respond to the location within 20 minutes. In the event the company can not respond in the designated time, the owner shall be so informed and given an opportunity to designate another company. (d) In the event the owner of a vehicle invol ved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating off icer 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 service company that complies with the provisions 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 Police Headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. 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 service under the provisions 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. Specifically requested wreckers must be duly licensed by the State and able to respond to the scene within a twenty (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 e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 13 (e) 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 twenty (20) minute time frame to reach said location. If the wrecker service company answering said call has not reached said location within a twenty (20) minutes 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 that 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 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 twenty (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. Sec. 6-20. SDecifications and Reauired EauiDment. (a) Minimum Size. Each auto wrecker and emergency auto wrecker shall not be less than one (1) ton in size and shall be equipped with booster brakes. (b) Standards of Winch. Each auto wrecker and emergency auto wrecker shall be equipped with a power take-off operated winch, winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not less than five thousand (5,000) pounds, single line capacity. The winch line shall be three-eights (3/8) inch in diameter. (c) Flashinq Liaht. Each auto wrecker and emergency auto wrecker shall have a flashing light of at least four (4) inches in diameter on the top of the cab, as prescribed or permitted by State law, visible from both the front and rear of the truck. (d) Wheels and Tires. Each auto wrecker and emergency auto wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: 1. Fire extinguishers; said fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Said fire extinguisher to be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. 2. Parking flares; said 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. . e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 14 3. Two bars; said tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing, stability and to prevent swinging of said raised vehicle as it is being towed. When a vehicle is being towed the tow bar shall be in place to prevent swinging. 4. Broom and sand box; said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. 5. Shovel and pinch bar. 6. A container to hold glass and debris. 7. A permanently affixed sign, with minimum four (4) inch lettering, identifying the owner of said emergency auto wrecker, wi th said owner's phone number, address, and the name of his business. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the above named equipment at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of the City of La Porte for compliance with the above equipment requirements. (f) It shall be the duty of the driver of each emergency auto wrecker and 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 wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and Charges. (A) 1. The standard charge for a "normal tow" from the scene of the accident in the city limits of the City of La Porte to the place of business of the wrecker operator, or other location instructed by the owner, will not exceed SIXTY DOLLARS ($60.00). A "normal tow" is defined as "picking up the vehicle or moving and towing the vehicle from the street to a location." 2. An additional charge may be made for the following additional labor that is not required in a "normal tow", to-wit: (a) An additional charge, not to exceed TWENTY DOLLARS ($20.00), may be made for a ditch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed FIFTEEN DOLLARS ($15.00) may be made for disengaging and removing the drive shaft, or for other exceptional labor. . . Ordinance 1746 Auto Wrecker and Towing Vehicle Page 15 3 . A charge not to exceed ONE HUNDRED FIVE DOLLARS ($105.00) may be made when it is required to "dolly" a wrecked vehicle. This charge shall be all inclusive, and no other charge may be imposed when it is made. 4. Except in the event of a dolly charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be ONE HUNDRED FIVE DOLLARS ($105.00). 5. A charge not to exceed EIGHT DOLLARS AND FIFTY CENTS ($8.50) per day may be made for the storage o'f wrecked vehicles after the first 12 hours. 6 . A charge not to exceed TEN DOLLARS ($10. 00) per tire may be made when it becomes necessary to change a tire. (B) Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the City of La Porte containing the following information: 1. Name and address of wrecker company. 2. Time and location of accident. 3. Place to which vehicle is to be towed. 4. Description of vehicle and general description of parts of vehicle that have been damaged. 5. Itemized list of services to be performed, charges for each, and total charges. 6. Place for signatures of auto owner or other person (including a police officer) authorizing tow of vehicle. 7. One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. Miscellaneous provisions and Restrictions. Sec. 6-22. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabled vehicle shall be able to account for the vehicle at all times. A violation of this section shall consti tute the basis of cancellation of the license without further notice. (b) Once a wrecker has been attached to a vehicle for the purpose of towing it to a location, the wrecker driver shall not disengage such vehicle and leave it parked prior to its arrival at the designated location. . e Ordinance 1746 Auto Wrecker and Towing Vehicle Page 16 section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this ci ty Wrecker Commi ttee to have passed each section, sentence, phrase or clause, or part thereof , irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Ordinance 1746, Page 23 . . Ordinance 1746 Auto Wrecker and Towing Vehicle Page 17 PASSED AND APPROVED this the j/{{p- day of d1~. 1991. , CITY OF LA PORTE By r~~MAYOR ATTEST: ~~ Cherie Black, City Secretary APPROVED: ~d Knox ASkins, City Attorney