HomeMy WebLinkAbout02-07-12 Wrecker Committee Meeting and Public Hearing OF A�
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WRECKER COMMITTEE MEETING AGENDA
Notice is hereby given of a Meeting and Public Hearing of the La Porte Wrecker Committee to
be held on February 7, 2012, at 3:00 p.m. in the Council Chambers of City Hall, 604 West
Fairmont Parkway,La Porte, Texas,for the purpose of considering the following agenda items:
1. Call to order
2. Roll call of members
3. Consider approval of the December 20, 2011,meeting minutes
4. Conduct public hearing on possible action with respect to Wrecker Permit Number 60
issued to La Porte Automotive, Inc.
A. Open public hearing
B. Staff comments
C. Public comments
D. Close public hearing
5. Consider action to suspend, cancel or revoke Wrecker Permit Number 60 issued to La
Porte Automotive, Inc., or take other action
6. Administrative Reports
7. Committee comments on matters appearing on agenda or inquiry of staff regarding
specific factual information or existing policy
8. Adjourn
A quorum of City Council members may be present and participate in discussions during this
meeting; however, no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for
reasonable accommodations for persons attending public meetings. To better serve attendees,
requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City
Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the February 7,2012, agenda of items to be considered by the City of La
Porte Wrecker Committee was posted on the City Hall bulletin board on the _____ day of
_______________________, 2012.
____________________________Title: ______________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and
pagers, or place on inaudible signal. Thank you for your consideration.
City of La Porte
Wrecker Committee
Minutes of December 20, 2011
Committee Members Present: Tim Tietjens, Planning Director (designated representative of the City
Manager); Sharon Harris filling in for Patrice Fogarty, City Secretary; and Jeff
Tippit filling in for Lt. Gary Rice (designated representative of the Police
Chief)
Staff Members Present: Clark Askins, Assistant City Attorney; Debbie Wilmore, Chief Building
Official; and Shannon Green, Planning Assistant
1. Call to order.
Meeting called to order by Chairman Tim Tietjens at 3:02 p.m.
2. Roll call of members.
Tim Tietjens, Sharon Harris, and Jeff Tippit were present for roll call.
3. Consider approval of October 11, 2011, meeting minutes.
Motion by Sharon Harris to approve the Minutes of October 11, 2011. Second by Jeff Tippit. Motion
carried unanimously.
4. Continue the August 30, 2011 public hearing on possible action to suspend, cancel or revoke
Wrecker Permit Numbers 549 thru 558 issued to RBEX, Inc. d/b/a Apple Towing Co.
A.Open public hearing
Chairman Tietjens opened the public hearing at 3:05 p.m.
B.Staff comments
Chief Building Official Debbie Wilmore provided the Committee with recent site photos as well
as the background and an update of the property at 400 E. Main. In addition, staff requested
direction from the committee regarding the ten (10) 2011 wrecker permits as well as direction
regarding possible 2012 permits.
C.Public comments
Charlie Hinds of Hinds Paint and Body spoke in favor of Apple Towing. He believed Apple has
done everything they could but the passing of Mr. De Walt’s wife delayed the property
sale/closing.
Todd Johnston of Apple Towing updated the Committee. Mr. DeWalt is now executor but the
title company needs time to review the judge’s ruling and the existing title policy. Mr. Johnston
expects closing to occur on or before January 10, 2012.
Wrecker Committee
Minutes of December 20, 2011
Page
2 of 3
Clark Askins, City Attorney, confirmed receipt of letter of testamentary from Mr. Dewalt.
Mr. Johnston informed the Committee landscaping could be completed by the end of January
but the parking lot and other items would take at least 90-days. He asked the Committee what
document identifies the required completion date.
Ms. Wilmore reminded the Board that the two previous “conditional approval” letters identified
the items to be completed but failed to state a specific deadline. She suggested the Committee
include a deadline (possibly 06-30-12 for all conditions) in the new letter if permits are
“conditionally approved” for 2012. That letter would assist both Apple Towing and staff in
achieving compliance.
D.Close public hearing
Chairman Tietjens closed the public hearing at 3:20 pm.
5. Consider action to suspend, cancel or revoke Wrecker Permit Numbers 549 thru 558 issued to RBEX,
Inc. d/b/a Apple Towing Co. or take other action
Motions by Jeff Tippit, as shown below:
#1) Allow the existing 2011 Emergency Wrecker Permit Nos. 549 thru 558 to remain on
st
the emergency rotation list until their 12/31 expiration
#2) “Conditionally approve” ten (10) Emergency Wrecker Permits for 2012:
All conditions to be satisfied no later than 06/30/12. If all conditions are not met, the
Committee will review Apple’s permits.
Obtain ownership of the property
Meet all ordinance required site plan criteria, including all improvements noted during
the hearing
Install landscaping in accordance with an approved landscape plan
Coordinate with utility company to correct leaning poles/lines
Install full cut-off lighting
Install new asphalt parking spaces
Obtain Harris County driveway permit for proposed drive changes
Remove all base material overflow along city rights-of-way
Obtain required city permits/inspections
Second by Sharon Harris. Motion carried unanimously.
Wrecker Committee
Minutes of December 20, 2011
Page
3 of 3
6. Administrative Reports
There were no administrative reports.
7. Committee comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy.
There were no committee comments.
Mr. Charlie Hinds addressed the Committee regarding the towing rotations. Mr. Hinds informed the
Committee he has spoken with the Chief of Police regarding La Porte Towing responding on behalf
of La Porte Automotive using one of La Porte Towing’s vehicles and drivers. He asked about the
recorded call for service and Jeff Tippit informed Mr. Hinds and the Committee they had technical
difficulties on copying the recording but should have it ready at a later date.
The Chairman asked staff to schedule a meeting and send out required notices once the Police
Department completes their copy ofthe recording. A future meeting date to be determined.
8. Adjourn
Chairman Tietjens adjourned the meeting at 3:29 p.m.
Prepared by Shannon Green, Planning Assistant
§ 78-163 LA PORTE CODE
Sees. 78-163-78-195. Reserved.
ARTICLE Ill. AUTOMOBILE WRECKERS AND TOWING VEfCLES*
DIVISION 1. GENERALLY
Sec. 78-196. Definitions.
tions.
The following words,terms and phrases,when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Auto wrecker means 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 from the scene of the accident having been expressly summoned there by the
police department or the owner of one of the vehicles involved in the accident.
Consent towing means any tow of a motor vehicle with the consent of the owner or operator
of the vehicle.
Heavy duty wrecker means an auto wrecker which is not less than Eve tons in size.
Non-consent towing means any tow of a motor vehicle without the consent of the owner or
operator of the vehicle.
Owner means 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 such vehicle in the
conduct of his business or any part thereof.
Towing vehicle means 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 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 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 for repairing punctured tires or otherwise equipped
with tools for performing minor repairs not involving towage or transportation of wrecked or
disabled vehicles.
*State law reference—Texas tow truck act, Vernon's Ann. Civ. St. art. 6687-96.
Supra. No.2-. CD78.18
• VEfCLES FOR F ICY .K, § 78-222
Wrecker driver means any individual who actually operates and drives a towing vehicle or
an auto wrecker on the streets of the city,either on his own account or in the employ of another.
(Code 1970, § 6-1; Ord.No. 1746,§ 1(6-1-B),2-25-91; Ord.No. 96-2136, § 1(6-1-B), 9-23-95; Ord.
No. 2136-A, § 1, 1-22-07; Ord. No. 3320, § 1, 2-14-11)
Cross re€erence—Definitions generally, § 1-2.
Sec. 78-197. Effect of state law and regulations.
The provisions of this article are subject to the provisions of V.T.C.4., Transportation Code
§§ 502.281, 502.051 and 502.102 and the Texas Vehicle Storage Facility Act,Vernon's Ann. Civ.
St. art. 6687-9a. In the event of any conflict between the provisions of this article 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 may not
require a tow track registered under the provisions of the state Tow Truck Act, to obtain city
registration, license or permit for consent tows unless the tow truck owner has a place of
business located within the boundaries of the city. The city may require city regis ation,
license or permit for all tow tracks performing nonconsent tows within the boundaries of the
city without regard to the location of the place of business of the tow truck owner. The city
registration, license or permit will be in addition to the requirements of the state Tow Track
Act. -
(Ord. No. 1746, § 1(6-1-A), 2-25-91; Ord. No. 96-2136, § 1(6-1-A), 9-23-96)
State law reference—Similar provisions, Vernon's Ann. Civ. St. art. 6687-9b, § 5.
Sees. 78-198-78-220. Reserved.
• DIVISION 2. A,R.EC R. CONlvilT EB
See. 78-221. Creation; composition.
There is hereby created a wrecker committee. The wrecker committee shall be composed of
the following persons:
(1) The chief of police, or his duly designated representatives;
(2) The city secretary;
(3) The city manager or his duly designated representative..
;Ord. No.. 1746, § 1(6-1-B), 225-91; Ord. No. 96-2136 § 1(6-1-B), 9-23-96)
See. 78-222. Authority to promulgate rules of operation..
The wrecker 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 article and deemed
necessary to protect public safety and welfare. Specifically, but without limitation, the
committee is hereby authorized to promulgate any rules relating to restrictions on the number
Suun. N • 24 CD78:19
§ 78-222 LA PORTE CODE !
of auto wreckers which may operate on the streets of the city at any one time,to the extent any
such rules are directly related to the promotion of public safety. 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 of such
rules. Any permit holders shall have the right, in accordance with the provisions of section
78-224, 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.
(Code 1970, §6-16; Ord.No. 1746, § 1(6-16), 2-25-91; Ord.No. 96-2136, § 1(6-16), 9-23-96; Ord.
No..2136-A, § 2, 1-22-07)
Sec. 78-223. Revocation or suspension of auto wrecker or towing 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 article 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 days'written notice to the permit holder stating the grounds of such 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 article 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 council within ten 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 city 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 council 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 days,
as set out in this subsection, the decision of the committee shall be final.
(Code 1970, § 6-13; Ord. No. 1746, § 1(6-13), 2-25-91; Ord. No. 96-2136, § 1(6-13), 9-23-96)
Sec. 78-224. Right of appeal from the rulings or fangs of the committee.
Subject to restrictions on appeal under section 78-222 of this article, on all issues heard by
the committee there is a general right of appeal to the city council. After the wrecker
committee has made its findings and declares such findings, the applicant, or any person
opposing the application who entered an appearance at the hearing before the committee,shall
have the right to file an appeal within ten 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 such notice of appeal,together with the findings
Supp. NQ. 24 .CD78.20
VEE CLES FOR ElSE § 76-24-6
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
days, as indicated in this section, then such decision shall become final.
(Code 1970, § 6-10; Ord. No. 1746, § 1(6-10),2-25-91; Ord. No. 96-2136, § 1(6-10), 9-23-96; Ord
No. 2136-A, § 3, 1-22-07)
Sees. 7S-225-78-245. Reserved.
DIVISION 3. PERMITS
Subdivision I. In General
Sec. 78-24-6. Insurance; required coverages.
(a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto
wrecker, or before any renewal of such 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 subsection (b) of this section.
(b) Insurance coverage in subsection (a) of this section means an insurance policy and/or a
certificate of insurance covering all licensed towing vehicles or auto wreckers of the insured,
issued by a company qualildd to do business in the state and performable in this county.-'
ll
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. Further, all insurance
policies or certificates of insurance must include an endorsement listing the city 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 gives
at least ten days' written notice prior to the date of cancellation before such policy may be
canceled by the insurer, for any cause. All such policies shat provide the minimum coverage
to show "proof of financial responsibility" as that term is defined in the state Mote: 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 5300,000.00 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
state Tow Truck Act in all respects. The city shall immediately suspend, cancel or revoke any
towing vehicle or auto wrecker permit heretofore issued without further notice to the owner,
if satisfactory insurance as required in this section is not in full force and effect at all times,
with satisfactory evidence that such insurance is in fall force and in effect, being on file With
the city secretary.
(Ord. No. 1746, § 1(6-3), 2-25-91; Ord.. No. 96-2136, § 1( 3), 9-23-96)
Sumo.Na. 2 0D7821
§ 78-247 LA?ORTF CODE
Sec. 7S-247. Permits are personal to ovrners; transferal.
A permit issued under this article 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. For such purposes permit holders are prohibited from
subcontracting out or leasing permitted vehicles to persons or corporations not holding a
permit to operate the vehicle. The permits issued pursuant to this article are transferable as
between owners only upon the express approval of the committee, and shall be subject to a
transfer fee in an amount established by the city and listed in appendix A of this Code, if
approved. A denial of the right to transfer a permit may be appealed to the city council, in
compliance with the terms of section 78-224.Upon cancellation of any permit no portion'of the
permit fee shall be refunded to the owner.
(Code 1970, § 6-15; Ord. No. 1746, § l(6-l5), 2-25-91; Ord. No. 96-2136, § 1(6-15(a)), 9-23-96;
Ord. No. 2136 A, § 4, 1-22-07; Ord. No. 3320, § 2, 2-14--11)
Sec. 78-248. Operation of unlicensed vehicle.
In any prosecution for-not obtaining a permit as required in sections 78-271 and 78-296,
proof that an owners wrecl n.g vehicle was present at the scene of a collision or accident in
whit z a vehicle was wrecked or disabled sb.all constitute prima facie evidence that such owner
was operating or causing to be operated his wrecking vehicle as an ur licensed towing vehicle
or auto wrecker as the case may be.
(Drd. No. 174.6, § 1(6-2), 2-25-91; Ord. No. 96-2136, § 1(6-2(c)), 9-23-96)
Secs. 7S-24 -7S-270. Reserved.
Subdivision U. Taming Vehicle Permit
Sec. 78-271. Required.
It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any
towing vehicle 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 btis±ness of storing,
wrecking or repairing such wrecked or disabled vehicles, without having Erst obtained a
towing vehicle permit from the city, day issued to such person to operate the vehicle on the
streets of the city under the terms and provisions of this article.
(Code 1970, § 6-2(a); Ord.. No. 174.6, § 1(6 2(a)) 2.-25-91; Dr±No. 96-213 , § 1(6-2(a)), 3-23-96)
Sec. 78-272. Application.
Any owner desiring to operate a towing vehicle in the city shall apply it_w-itng fora 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
Supn.N.c. 24 CD78.22
VEHICLES FOR HIRE § 76-274
and addresses of all partners. If a corporation, the corporate name and once 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,
vehicle identification 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, 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 article, the rules and
regulations promulgated by the chief of police, 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 after a public hearing by the committee with
ten days prior written notice.
(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 anxed_ In all cases,the person signing shall
execute an andavit, on the application form, that the statements contained in such
am.davit are true and correct. Such application shall be accompanied by an annual
towing vehicle permit fee in an amount established by the city and listed in appendix
A of this Code for each towing vehicle the owner desires to operate.All permits shall
e dire on December 31 of 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 December 31. 1_f a permit is granted subsequent to January 1 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.
(Code 1970, § 1(6-4); Ord. No. 1746, § 1(6-4), 2-25-91; On Nc. 96-2136, § 1(6-?), 9-23-96; Ord.
No. 2136- § 5, 1-22-07)
Sec. 79-27a. Issuance.
Ater the owner has filed his towing vehicle application,permit fee and insurance policy, and
the city secretary or his designee has examined them and found them to be in compliance with
the terms of this article,he shall issue to the owner a permit for each towing vehicle licensed,
which permit shall bear upon its face a notice that the permit expires on the succeeding
December 31. 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 shavi7,
that the same have been licensed as provided in this section.
(Code 1970, § 6-5; Ord. No. 1746, § 1(6-5), 2-25-91; Ord. No. 96-2136, § 1(6-5), 9-23-96)
Sec. 78-274. Additional and replacement.
(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,
Supp. INC. 24 CD78:23
§ 78-274 LA PORTE CODE
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 or his designee a new insurance policy, or a
proper endorsement on the existing policy, covering the additional towing vehicles.
(c) The city secretary or his designee shall examine such supplemental towing vehicle
application,fee and policy, and if they 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 and has agreed to make the appropriate transfer of coverage. The city secretary
shall, upon the payment of a transfer fee in an amount established by the city and listed in
appendix of this Code,issue the owner a new permit covering the replacement towing vehicle
as provided in section 78-273, and cause the old towing vehicle permit to be canceled 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 license number.
(Code 1970, § 6-6; Ord. No. 1746, § 1(6-6), 2-25-91; Ord. No. 96-2136, § 1(6-6), 9-23-96)
Sees. 78-275-78-295. Reserved.
Subdivision III. Auto W ecker Permit
Sec. 78-296. Required.
It shall be unlawful for any person to drive or operate,or cause to be driven or operated, any
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 obtaining the business of.storing,
wrecking`or repairing such wrecked or disabled vehicles,without having first obtained an auto
wrecker permit, from the city, duly issued to such person to operate an emergency auto
•
wrecker on the streets of the cityy, The holder of an auto wrecker permit shall not be required
to obtain a towing vehicle permit in addition thereto..
(Code 1970, § 6-2(b); Ord. No. 1746, § 1(6-2(b)), 2-25-91; Ord. No. 96-2136, §1(6-2(b)), 9-23-96)
Sec. 78-297. Application.
Any owner desiring to operate an emergency auto wrecker in the city shall make application
to the city secretary for an auto wrecker permit. Such application shall be submitted upon
forms to be furnished by the city secretary, and the applicant shall furnish the following proof
-and information with his application:
(1) 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
.Sapp. No. 24 CD78.24
i yT�CLRS FOR PER § 78-297
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 the applicant is an individual, the application shall so state. If the
applicant is a partnership, the partnership name and address shall be given together
with the names and addresses of all partners. If the applicant is 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 article 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 city secretary within ten days after
the change, and such new officers or partners shall individually file applications
certifying to their individual qualifications within such time. The failure to certify
within such time or to possess such qualifications required of such persons under this
article shall be cause for the suspension of all permits held by such corporation or
partnership.
(2) 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.
(3) Any person making application for an auto wrecker permit shall deposit with the city
secretary, upon making the application, a sum of money in-the amount established by
the city and listed in appendix A of this Code. Such sum shall be used to pay for the
advertising of such application in the newspaper for two consecutive weeks, and for
staffing, processing, and reproduction costs incurred in connection with the applica-
tion.-Within 15 days after receiving such sum and qualifying data,the city shall cause
to.be published in the-newspaper for two 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 the public hearing,which hearing shall be held not less than 15 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 city secretary may deem necessary. If the amount deposited is
insufficient to pay the cost of the advertising, staffing, processing, and reproduction
costs associated with the application, the city secretary shall then require the
applicant to pay for the deficiency.
(4) 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 such
hearing.
(5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
Supp. No. 24 CD7825
§ 78-297 LA PORTE CODE
b. Make, model and type of vehicle to be used;
c. Whether or not all insurance required by this article has been procured, or will be
procured;
d. That the applicant provides proof of ownership of a properly fenced storage
facility for wrecked vehicles, the size of his business location and lot, that the lot
is located within the city limits and conforms to the use, setbacks, parking,
screening, landscaping and any other applicable regulations as set forth in
chapter 106 of this Code. For purposes of this section a lease, license or tenancy
shall not constitute proof of ownership. It is the responsibility of the applicant to
request a site inspection from the planning department,inspections division prior
to the hearing;
e. Determine that all city ad valorem taxes and other taxes of the applicant have
been paid;
f. Whether the vehicle shall be operated by the owner, or by his employee with a
bona fide employer/employee relationship;
g. Whether the applicant proposes to own, rent or lease the vehicle to be used;
h. The number of auto wreckers for the applicant then in existence and licensed;
i. Whether the applicant shall be able to demonstrate the ability to at all times f
respond to police calls for emergency wreckers within 20 minutes of the call; and
j. Any and all other facts the committee may deem relevant.
(Code 1970, § 6-7; Ord.No. 1746, § 1(6-7),2-25-91; Ord.No. 96-2136, § 1(6-7), 9-23-96; Ord.No.
2136-A, § 6, 1-22-07; Ord. No. 3320, § 3, 2-14-11)
Sec. 7S-298. Notification of applicant of status.
If the committee finds, after the hearing and investigation, that an applicant has met all of
the criteria listed in this division,the committee shall then instruct the city secretary to notify
the applicant in writing within ten days from the last date of the hearing that such vehicle is
authorized to operate under the provisions of this article so long as they are in compliance with
all of the provisions of this article 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.
(Code 1970, § 6-8; Ord.No. 1746, § 1(6-8),2-25-91; Ord.No. 96-2136, § 1(6-8), 9-23-96; Ord. No.
2136-A, § 7, 1-22-07)
Sec. 7S-299. Denial.
If the wrecker committee finds from its hearings and investigation that the applicant has
not met the criteria in section 78-297(5), it shall instruct the city secretary to so notify the
applicant in writing within ten days from the last date of the hearing.An applicant who has
been denied a permit by the committee, and whose appeal to the city council is denied, or the
Supp. No. 24 CD78:26
V r�CLFS FOR.HF § 78-302.
decision has not been appealed to the city council, shall not be permitted to make another
application for six months from the date of his filing of the.application for the auto wrecker
permit.
(Code 1970, § 6-9; Ord. No. 1746, § 1(6-9), 2-25-91; On No. 96-2136, § 1(6-9), 9-23-96)
Sec. 78-300. Fee.
The permit fee to operate an auto wrecker shall be an amount establ shed by the city and
listed in appendix A of this Code per year for each auto wrecker which the owner is permitted
to operate. All permits shall expire on December 31 of each year and shall.then be renewed
until the next succeeding December 31. If a permit is granted subsequent to January I 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.
(Code 1970, § 6-11; Ord.No. 1746, § 1(6-11), 2-25-91; Ord.No. 96-2136, §.1(6-11), 9-23-96;Ord.
No. 2136- § 8, 1-22-07)
Sec. 78-301. Issuance.
A-lar the owner has filed his application for an auto wrecker permit, a hearing has been
held, the applicant has been approved by the wrecker committee, the applicant has filed the
required insurance, the auto wrecker to be permitted has been presented to the police
department for an inspection, the auto wrecker has passed such inspection, a.certificate of
passage of inspection has been presented by the police department to the chief building official,
and the city secretary and city attorney have examined same and found them to be in
compliance with the terms of this article,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. Such permits shall be issued by the city secretary upon authorization of the wrecker
committee, and shall be delivered to the applicant.in addition thereto,-the city shall deliver a
vehicle sticker indicating the permit number and permit expiration date, which shall be
displayed an the front windshield of the wrecker, immediately above the inspection sticker.
Such stickers shall be color coded., and issued at the beginning of each permit year during the
required annual inspection.Auto wrecker permits are and shall always remain the property of
the city.La the event of suspension or revocation of a permit,for any cause,it shall be unlawful
for the owner of the permit to retain such permit,and he shall cause the permit to be destroyed
or surrendered to the city secretary immediately upon notification of such suspension or
revocation, as is feasible.
(Code 1970, § 6-12; Ord.No. 1746, § 1(6-12),2-25-91; Ord. No. 96-2136., § 1(6-12), 9-23-96;Ord.
No. 2136- § 9, 1-22-07; Ord. No. 3320, § 4, 2-14-11)
Sec. 78-302. Transfer.
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
Sapp. Nn. 2-4 OD78:27
76-3O2 LA PORTS CODE C
wrecker in its place. He shall also attach a certificate from his insurer that such insurer has
been notified and agrees thereto. The city secretary shall; upon the payment of a transfer fee
in an amount established by the city and listed in a pe in section of i this
s7 Cod-30 , issuean hthe eee the old
r a
new permit covering the new auto wrecker, as pr
auto wrecker permit to be canceled 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 license number.
(Code 11370, § 6-14; Ord. Na. 1746, § 1(644), 2-25-91; Ord. Na. 96 2136, § 1(644), 9-23-96)
Sees. 7S-3O3-76-325. Reserved.
DIVISION 4. REGU ONS
Sec. 7S-3261. Wrecker rotation list.
(a) All auto wrecker or towing service companies 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. The auto wrecker rotation list shall
contain a,slot for each company or persons owning a permit or permits to operate auto
wreckers in the city However, a company shall never be entitled to more than one slot on the .
auto wrecker rotation list, regardless of the number of individual vehicles a company is
b
permitted to operate, The auto wrecker rotation list shall contain the name, address and
telephone number of each company.
(b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is
requested by the city police departmein, except in a nona.l est situation, where the 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 of a vehicle is physically unable to drive such vehicle, the
officer shall 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
the fact immediate) to police department
desired, the police officer shall communicate y
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
Sapp.Nn. 2 CD7836
VEIUCLES FOR § 78-327
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 company holding more than.one wrecker
or tow truck permit is permitted to respond with any available permitted vehicle,so long as the
vehicle selected can 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.
(il 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.
(Ord. No. 1746, § 1(6-19), 2-25-91; Ord. NO. 96-2136, § 1(6-18), 0-23-96; Ord. Na 3320, § 6,
2-14-11)
See. 78..327. Procedure by auto wrecker operators 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 50-ieet 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, circulars or gestures.
Supra. ?vc. 24 CD78.29
§ 78-327 ?y4 POR.TE CODE
(c) All auto wrecker drivers.arr-ving at the place here any accident has occurred shall
obey all orders given them by any police officer of the city 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:
(1) The police officers have completed their investigation; and
(2) The driver of the vehicle, or the police officer where the driver is unable, has given
permission.
(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.
( All wrecker drivers shad, at all times, obey all traffic laws of the state and the city.
(Ord. No. 1746, § 1(6-20), 2-25-91; Ord. No. 96-2136, § 1(6-17), 9-23-96)
Sec. 78-328. Specifications and required equipment.
(a) Minimum size. Each auto wrecker and emergency auto wrecker shall not be less than
one 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 takeoff operated winch,winch line and boom,with a factory rated lifting capacity
(or city tested capacity)of not less than 5000 pounds, single line capacity.The winch line shall
be at least three-eighths of an inch in diameter.
(c) Flashing light. Each auto wrecker and emergency auto wrecker shall have a flashing
g
light of at least four 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) iequired equipment. 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 e inguishers. Such fire extinguishers are defined as that piece of equipment
commonly carried to extinguish fires caused as a result of an auto accident or collision.
The rue nguisher shall be a standard type, chemical ire erEnguisher d-esigned to
combat motor vehicle Tres. �—
Supp. Na.2d CD78:30
vELlCLES FOR BIRE §.78-329
(2) Parking flares. The parking flares tare 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.
(3) lbw bars. The tow bars are that piece of equipment sometimes mown 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 the raised vehicle as it is being
towed.When a vehicle is being towed,the tow bar shall be in place to prevent swinging.
( ) Broom and sand box. There shall be .a broom and a sand box with at least a
three-gallon capacity for the purpose of cleaning up oil and other liquids.
(5) Shovel and pinch bar. There shall be a shovel and pinch bar.
(6) Container for debris. There shall be a container to hold glass and debris.
(7) Sign. There shall be a permanently axed sign, with a minimum one-inch lettering,
identifying the owner name and phone number of the emergency auto wrecker (if
applicable), three inch lettering identifying the permit holder's name, and two inch
letter identifying such permit holder's phone number, address and name of his or her
business.
Every emergency auto wrecker and those auto wreckers which are to be eligible to be
summoned to an accident scene shall carry the equipment required by this section 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 for compliance with the equipment requirements. In addition,the police department shall
perform a Leval I, CBSA inspection on all heavy duty wreckers as part of the annual
equipment compliance inspection.
(5) Clearing streets of debris and glass. 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 vehicle away to clear the street of any and all debris, parts or glass. If two 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.
(Code 1970, § 6-20; On No. 1746, § 1(6-20), 2-25-91; Ord. Nn. 96 2136, § 1(6-19), 9-2S-95; Ord.
No. 3320, § 5, 2 1� ll)
Cross re€eren.ce--Removal of injurious material from streets, § 58-4.
Sec. 78-329. Permissible fees and charges for,non-consent towing.
(a) aximurrc charge for non consent tow,per wrecker. Except as otherwise provided in the
section, the maximum charge for all non-consent tows from the scene of.an accident in the city
limits to the place of business of the wrecker operator, or other location, shall not exceed an
amount established by the city and listed in appendix A of this z s Code..Anon-consent tow means
picking up the vehicle or moving and towing the vehicle from the street eet to a location,where the
tow was not initiated by the vehicle owner or operator or the consent of the vehicle owner or
.Suns.N . 24 O78.31
§ 78-329 lÀ PO 'T'E CODE
operator has not been otherwise secured..Fees charged for non-consent tows by heavy duty
wreckers shall not be subject to this regulation, except in those cases where a heavy duty.
wrecker is used for tows not requiring a heavy duty wrecker.
(b) Additional per r mile charge for out of town tows. An additional per mile charge not to
exceed an amount established by the city and listed in appendix A of this Code, may be
assessed for non-consent tows requiring transport of vehicles to a location or destination
outside the city limits, for distances up to 50 miles.
(c) Storage charges. A charge not to exceed an amount established by the city and listed in
appendix-A of this Code, per day may be made for the storage of vehicles after the first 12
hours, when resulting from non-consent tows: if the vehicle is picked up during a time other
than 8.00 a.m.to 5:00 p.m.,Monday through Friday, the storage charge maybe charged in any
event.
(d) Wrecker tickets; required information. 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..A city police department
• inventory form may be utilized as an official wrecker ticket as long as it contains the following
information:
(I) Name and address of the wrecker company.
(2) 'I`ime and location of the accident.
(3) Name, address and phone number of the place to which the vehicle is to be towed.
(4) Description of the vehicle and a general description of the pals of the vehicle that have
• been damaged.
(5) An itemized list of services to be performai, charges for each and total charges.
(6) A place for the sig.atnres of the auto owner or other person (including a police officer)
authorizing the tow of a 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.
(Code 1470, § 6-18; Ord.No. 1746, § 1(6-21),2-25-91; Ord.No. 96-2136, § 1(6-20), 9-23-96; Ord.
No. 213E- §§ 115, 1-22-07; Ord. No., 2008-2136-B, § 1; 2-10-08; Ord-. No. 3320, § 7,
2.14-11)
Sec. 78-330. Prohibited acts.
(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 constitute the basis of cancellation of the license without further
notice. L
Supp.Na.24 .O1078:32
VEI�CI S FOR ZF § 78 330
't.
(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.
(Ord. No. 1746, § 1(6-22), 2-25-91; Ord. No. 96-2136, § 1(6-21), 9-23-96)
Supp. No. 24 CD78.33