Ord. 0374-01 06-24-91ORDINANCE NO. 374-1
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND AT CHAPTER 31-1 THROUGH 31-26 FOR THE
PURPOSE OF ESTABLISHING REGULATION AND LICENSING OF
AUTO WRECKERS AND WRECKER DRIVERS; PROVIDING FOR A
PENALTY FOR VIOLATION THEREOF; CONTAINING A SAVINGS
CLAUSE; A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICA-
TION, PUBLICATION, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
,Section As That the Code of Ordinances of the City of
Pearland, is hereby amended at Chapter 31-1 through 31-26, in
accordance with the provisions of Exhibit "A", which is annexed
hereto, designated Exhibit "A" hereof, and incorporated herein
for all purposes.
Section 2s Any person, firm or corporation who shall__
violate or fail to comply with the requirements and provisions of
the Code herein adopted shall be deemed guilty of a misdemeanor,
and shall-, upon conviction by a court of competent jurisdiction,
be punished as provided in Section 1-11 of the City Code of
Ordinances.
Section is All rights and remedies which have accrued in
the favor of the City under this Chapter and amendments thereto
shall be and are preserved for the benefit of the City.
Sec ion is If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held in-
valid or unconstitutional or otherwise unenforceable by a court
of competent jurisdiction, such portion shall be deemed a sepa-
rate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
Section 5s It is the intent of the City Council of the City
of Pearland, Texas, that this Ordinance shall be codified in the
City's official Code of ordinances as provided hereinabove.
section is The City Secretary shall cause this Ordinance,
or its caption and penalty, to be published in the official
newspaper of the City of Pearland at least once within ten (10)
days after the passage of such Ordinance. The ordinance shall
then become effective ten (10) days from and after its publica-
tion, or the publication of its caption and penalty, in the
official City newspaper.
PASSED and APPROVED ON FIRST READING this 10 day of
A.D., 1991.
C.V. COPPING R
MAYOR
ATTEST:
-(92mie-DeLa-J
PAT JONES
CITY SECRET
PASSED and APPROVED ON SECOND AND FINAL READING this cQ.`y
day of
ATTEST:
PAT JONES 7R CITY SECRE Y
APPROVED AS TO FORM:
/)°t-
LESTER G. RORICK
CITY ATTORNEY
VOTING RECORD (FIRST READING) JUNE 10, 1991
Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank and Weber
Voting "No" - None
VOTING RECORD (SECOND READING) JUNE 24, 1991
Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson and Wolff
PUBLICATION DATE: JUNE 28, 1991
JULY 08, 1991
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
, A.D., 1991.
C.V. COPPINGEn
MAYOR
EXHIBIT "A"
Chapter 31
WRECKER SERVICE
Sec. 31-1. Definitions
(a) Auto wrecker shall mean any automobile, truck or other motor
vehicle used for the purpose of towing, carrying, pushing or
otherwise transporting any motor vehicle, from one place to
another for any purpose of wrecking, storing, or repairing
the vehicle. The term "auto wrecker" shall not be construed
to include a service car or other vehicle not equipped with
mechanical devices for transporting disabled vehicles and
not used for such purposes, such as service cars equipped
with compressed air containers and tools for performing
minor repairs not involving towing or transportation of dis-
abled vehicles. This exception shall not authorize evasion
of this article, and if any vehicle, although not equipped
with devices primarily used for towing vehicles through
means of ropes, chains or otherwise, the same shall be
considered in violation of this article. An auto wrecker
can pick up vehicles for mechanical repair and bodyshop work
and haul vehicles for any dealer as long as it does not
appear at an accident scene, or police incident site. An
auto wrecker towing a vehicle within the city limits of
Pearland, Texas shall comply with all State and Federal
regulations governing said auto wrecker(s).
(b) Emergency auto wrecker shall mean an auto wrecker having a
gross vehicle weight of 26,000 lbs. or less, which holds a
valid emergency auto wrecker permit from the City of
Pearland, and which lawfully appears at the scene of an
accident or other police incident for the purpose or in
expectation of towing, removing, or hauling away the vehicle
from the scene of the accident or police incident site. The
only wreckers that will be allowed at the scene of an acci-
dent or police incident site will be those wreckers holding
valid emergency auto wrecker permits and which have been
summoned by the police department.
(c) jieavv-duty wrecker shall mean an auto wrecker having a gross
vehicle weight of 26,001 lbs. or more. A heavy-duty wrecker
shall not operate as an emergency wrecker, but may operate
as a private wrecker, contracted by the owners)/operator(s)
or the City of Pearland to tow a heavy disabled, wrecked, or
illegally parked vehicle. Heavy-duty wreckers shall be
required to have all safety devices, warning equipment, etc.
as outlined in Section 31-13 of this ordinance.
(d) Police incident shall mean any activity requiring police in-
volvement exercising responsibility or authority.
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(e) Director shall mean the City of Pearland employee appointed
by the City Manager who shall administrate the rules and
regulations set forth by this chapter. The Director shall
report to the City Manager.
(f) Owner where used in connection with the person(s) issued a
permit under this chapter, shall be construed to mean any
person, or his/her agent, engaged in the business of
storing, wrecking or repairing motor vehicles for hire and
who owns or is entitled to use any auto wrecker or emergency
auto wrecker, and who uses the same in the conduct of his/
her business or any part thereof, and the term "owner" shall
extend and be applied to associations, corporations, and
firms and partnerships as well as individuals.
(g) Motor vehicle shall mean only motor vehicles subject to
registration pursuant to the Texas Certificate of Title Act.
(h) Permit holder shall mean any person, partnership, corpora-
tion or other enterprise which has a valid auto wrecker or
emergency auto wrecker permit issued by the city. This term
shall be inclusive of the agents of any such person, part-
nership, corporation or other enterprise.
(i) Wrecker driver means any individual who actually operates
and/or drives any auto wrecker or emergency auto wrecker on
the streets of the city, either on his/her own account or in
the employ of another.
Sec. 31-2. Permit required; presumption in prosecution for violation
of permit required.
(a) It shall be unlawful for any person to drive or operate or
cause to be driven any emergency auto wrecker upon any
public street in the city for the purpose of towing or
hauling wrecked or disabled vehicles, either for hire or as
an incident to obtaining the business of storing, wrecking
or repairing such wrecked or disabled vehicles, away from
the scene of an accident where the wrecked or disabled
vehicles have collided with any other vehicle or other
object or which have been wrecked or disabled in any manner,
without having first obtained an emergency auto wrecker
permit from the city, duly issued under this chapter to such
person to operate an emergency auto wrecker on the streets
of the city.
(b) In any prosecution for a violation of section 31-2 (a) proof
that an owner's auto wrecker, for which an emergency auto
wrecker's permit has not been issued, was present at the
scene of a collision or accident in which a vehicle was
wrecked or disabled shall constitute prima facie evidence
that such owner was operating or causing to be operated his/
her auto wrecker as an unpermitted emergency auto wrecker.
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Sec. 31-3. Application for permit.
Any owner desiring to operate an emergency auto wrecker in the
city shall make application to the Director for an emergency auto
wrecker permit. Such application shall be submitted upon forms to be
obtained from the City Secretary, and the applicant shall furnish the
following proof and information with his/her application, which shall
be sworn to before a notary public:
(1) That the owner making application is a citizen of the United
States, has attained the age of eighteen (18) years, and is
able to read and write the English language.
(2) The name and address of the owner shall be stated and if the
emergency auto wrecker is to be operated under the name of
some other company, the name of the owner and the name of
the company shall be stated. Accompanying the application
shall be a signed copy of the agreement and contract between
the owner and the company in whose name the emergency auto
wrecker is to operate. No transfer from one company to
another company by the owner shall be permitted until the
Director has been notified in writing and a signed copy of
the new contract and agreement has been submitted to him/her
for approval. If an individual, the application shall so
state. If a partnership, the partnership's 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 addres-
ses of the president and secretary.
(3) The application shall state the number of emergency auto
wreckers the owner desires to operate and shall list the
make, model, motor number, correct state license number and
the Texas Department of Licensing and Registration permit
number of each vehicle to be operated by the applicant as an
emergency auto wrecker.
Sec. 31-4. Permit application hearing; considerations as to public
convenience and necessity of applied -for service.
(a) Upon the filing of an application, the Director shall fix a
time and place for a public hearing thereon. Notice of such
hearing shall be given to the applicant and to all persons
of whom permits have been theretofore issued. Due notice
shall also be given the general public by the posting of a
notice of such hearing in the city hall.
(b) In determining whether the public convenience and necessity
exists for the issuance of a permit on the application to
operate an emergency auto wrecker on the streets of the
city, the Director may take into consideration the follow-
ing:
(1) The financial responsibility of the applicant.
(2) The number of vehicles to be operated.
(3) Moral character of the applicant.
(4) Make, model and type of vehicle or vehicles to be used.
(5) The effect of additional vehicles upon traffic conges-
tion, vehicular and pedestrian alike.
(6) Storage facilities for wrecked, disabled, abandoned or
police impounded vehicles, with consideration for size,
location and security to be afforded to vehicles.
(7) Whether the vehicle shall be operated by the owner, or
by his/her employee with a bona fide employer -employee
relationship, and the moral character of said employee.
(8) Whether the applicant proposes to own, rent, or lease
the vehicle(s) to be used.
(9) The number of emergency auto wreckers then in existence
and licensed by the City of Pearland.
(10) Any other considerations the Director may determine to
be necessary.
Sec. 31-5. Proof of owner's financial responsibility, prerequisite to
permit issuance.
(a) Wreckers having a gross vehicle weight of 26,000 lbs. or
less: before any permit shall be issued under this chapter,
the applicant or permit holder, as the case may be, shall
file with the City Secretary, a certificate of proof setting
forth that said applicant or permit holder has in full force
and effect, a policy of combined single limit coverage
insurance, with limits of not less than three hundred thou-
sand dollars ($300,000.00) per occurrence, and a cargo, on -
hook or similar type insurance with limits of not less than
ten thousand dollars ($10,000.00) per occurrence. Such
policies of insurance shall be issued by an insurance
company approved by the Director, and authorized to do
business in the State of Texas.
(b) Wreckers having a gross vehicle weight of 26,001 lbs. or
more: though permits issued by the City of Pearland are not
required for heavy-duty wreckers, said wreckers shall have
in full force and effect a policy of combined single limit
coverage insurance, with limits of not less than five
hundred thousand dollars ($500,000.00) per occurrence, and
a cargo on -hook or similar type insurance with limits of not
less than twenty-five thousand dollars ($25,000.00) per
occurrence.
Sec. 31-6. Issuance of permit.
(a) Findings; notification of applicant. If the Director finds
that public convenience and necessity exists for the opera-
tion of the emergency auto wrecker(s) that have been applied
for, he/she shall then notify the applicant in writing
within fifteen (15) days that such 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 applicable federal, state, county and city laws and
ordinances.
(b) Fee; permit period. The permit fee to operate an emergency
auto wrecker shall be payable to the city in the amount of
two hundred dollars ($200.00) per year, for the first emer-
gency auto wrecker and one hundred dollars ($100.00) for
each additional emergency auto wrecker authorized to operate
by the Director. A "year" shall mean a calendar year com-
mencing February 1. The fee shall be nonrefundable. Fees
for permits issued for less than a full calendar year shall
not be prorated. All permits shall expire at midnight on
January 31.
(c) When by whom issuance authorized; contents. After the own-
er has filed his/her application for an emergency auto
wrecker permit and the applicant has been found to be in
complete compliance with all the terms and conditions of
this chapter, the Director shall authorize the city secre-
tary to issue to the owner a permit and numbered identifica-
tion tag to operate an emergency auto wrecker(s) in the city
upon the public streets. Each permit shall be dated and
numbered and shall show on its face the make, model, vehicle
identification and license number of each emergency auto
wrecker authorized by the Director to operate. The permit.
shall be carried in the wrecker at all times. The identifi-
cation tag shall be displayed on the wrecker, facing the
rear at all times. Said tag must be attached in a manner
making it difficult to remove. If the Director has deter-
mined that the permit shall not be granted, issuance of the
permit shall be deferred until all appeal periods have
expired.
(d) Permit personal to owner: nontransferable; supplemental per-
mit for additional or replacement vehicle. A permit issued
under this section for an emergency auto wrecker shall be a
nontransferable personal permit to the owner and shall not
entitle any other person or corporation to operate such an
emergency auto vehicle. Whenever an owner wishes to discon-
tinue the use of an emergency auto wrecker during the period
covered by his/her permit and replace it with another, he/
she shall file an affidavit stating that he/she has discon-
tinued using the emergency auto wrecker covered by his/her
permit and desires to use another emergency auto wrecker in
5
its place. He/She shall then file an endorsement forming a
part of his/her insurance policy or certificate from his/her
insurer, substituting the auto wrecker covered by his/her
permit with the other auto wrecker he/she desires to use in
its place. The Director shall then authorize the city sec-
retary to issue the owner a supplemental permit covering the
new emergency auto wrecker and cause the description of the
old emergency auto wrecker to be cancelled from the original
permit. In the insurance endorsement form the insurer and
the supplemental permit, the old and new emergency auto
wrecker shall be described by make, model, motor number and
state license number. Where an owner has obtained an emer-
gency auto wrecker permit and thereafter desires to increase
the number of emergency auto wreckers to be operated, he/she
shall file a supplemental application with the Director set-
ting forth his/her permit number and the fact that he/she
desires to operate additional emergency auto wreckers. He/
She shall also file new proof of financial responsibility,
as required by this chapter with respect to the new
emergency auto wreckers, with the Director. An endorsement
to and forming a part of an insurance policy certificate of
insurance then in force may be accepted in lieu of a new
policy or certificate to show such financial responsibility,
and if the same are in order, he/she shall authorize the
city secretary to issue a supplemental permit covering the
new emergency auto wrecker upon payment of all applicable
fees and cost to the city secretary.
Sec. 31-7. Grandfather clause, issuance of permit to persons engaged in
wrecker business as of September 1, 1991.
Any emergency wrecker company conducting said business within the
city as of September 1, 1991, shall be entitled to an auto wrecker
and/or emergency auto wrecker permit, without proving public conve-
nience and necessity, upon paying the permit fee, providing financial
responsibility, and generally fulfilling all requirements prescribed
in this chapter.
Sec. 31-8. Appeal from issuance or denial of permit.
After the Director or his/her designate has made his/her findings
and declares same to the applicant for a permit under this chapter,
he/she or the opponent(s) of such application shall have the right to
appeal to the city manager within ten (10) days therefore. If parties
involved are still not satisfied then they shall have the right to
appeal to the city council. The appeal shall be perfected by a letter
addressed to the mayor and city council and delivered to the city
secretary stating that an appeal from the decision of the Director is
desired. The council, as soon as practicable after receiving such
notice of appeal from the findings of the Director, and after a hear-
ing on such appeal, shall sustain, modify or reverse the findings made
by the Director, and shall so notify the Director of its findings.
The findings of the city council shall be final. The Director will
then notify the appellant, in writing, of the final decision.
6
Sec. 31-9. Time limitation on new application after denial.
If the Director finds from his/her hearing and investigation that
public convenience and necessity does not exist for the operation of
the vehicle or vehicles as applied for, he/she shall notify the appli-
cant in writing with fifteen (15) days from the last day of the
hearing. An applicant who has been denied a permit by the Director or
by the city council on appeal shall not be permitted to make another
application for a permit within a period of one year from the date of
his/her prior application.
Sec. 31-10. Special permit application requirements for partnership or
corporate applicants and permit holders.
When a partnership or corporation applies for a permit under this
chapter, all of the provisions and requirements applicable to persons
shall apply to and be required of each partner and each of the three
(3) principal officers, and the failure of any of them to meet such
requirements shall be grounds to deny the application of the corpora-
tion or partnership. All changes of such officers or partners shall
be reported to the Director within ten (10) days after the change and
such new officers or partners shall individually file applications
certifying to their individual qualifications within such time, and
the failure to certify within such time or to possess such qualifica-
tions required of such persons under this chapter shall be cause for
the suspension of the permit held by such corporation or partnership.
Sec. 31-11. Permit suspension or revocation; right of appeal.
(a) Upon complaint being filed by any person with the Director
of a violation of any of the terms or provisions of this
chapter or the violation of any of the applicable laws of
the state, federal government or city, or upon motion of the
Director, the Director shall immediately give written notice
to the holder of a permit under this chapter, on the grounds
of such complaint or upon his/her motion, conduct an inves-
tigation with reference to such complaint or motion. Should
such investigation reveal a violation of any of the terms in
this chapter or the laws of this state or federal government
or ordinances of the city, the Director may suspend, cancel
or revoke the permit of such permit holder for such period
and under such terms and conditions as the Director may
determine. Upon completion of such investigation, the
Director shall notify the permit holder of any and all
decisions regarding said complaint. Such notification shall
be in writing and within fifteen (15) days of the Director's
final decision.
(b) The permit holder shall have the right to appeal to the city
council within ten (10) days from the receipt of the written
decision of the Director, only in the event of a revocation
of the permit. Such appeal shall be perfected by a letter
to the mayor and the city council and hand delivered to the
city secretary stating that an appeal is desired from revo
7
cation by the Director. Upon receiving such appeal, the
city council, after consulting with the Director and as soon
as practicable thereafter, shall notify the appellant as to
whether or not such an appeal will be heard, and if the
council approves such an appeal, it then may hear such
appeal and shall either sustain or reverse the revocation of
the Director, and shall so notify the Director of its find-
ings. The findings of the council shall be final. If no
appeal is taken from the Director's action within ten (10)
days, as set out above, then the decision of the Director
shall be final.
Sec. 31-12. Authority of Director to promulgate rules and regula-
tions.
The Director shall be authorized to make such rules and regula-
tions as he/she deems appropriate for the operation of auto wreckers
and emergency auto wreckers on the streets of the city and for the
storage of any motor vehicle transported by any emergency auto wrecker
to a storage facility.
Sec. 31-13. Required equipment.
All emergency auto wreckers shall be provided with the following
equipment, which shall be adequate for the purpose(s) for which it is
designated and shall further be kept in usable condition at all times:
(1) Fire extinguisher, such fire extinguisher being defined as
that piece of equipment commonly carried to extinguish fires
caused as a result of an auto accident or collision. Such
fire extinguisher shall be standard ABC type of five pound
capacity or greater and shall be mounted within easy access
to the vehicle operator. This requirement, as to type and
size of the extinguisher may be changed from time to time as
determined by the Fire Marshal.
(2) Parking flares, such parking flares being defined as that
piece of equipment commonly used in motor transportation as
a signal flare or light to warn of an obstruction on the
highway.
(3) All emergency auto wreckers shall be equipped with an ap-
proved towing device which is part of the emergency auto
wrecker and shall have such device(s) in place at all times
when towing a vehicle, to hold it rigid and prevent swaying
of the towed vehicle.
(4) A broom for the purpose of clearing the street of debris,
parts or glass.
(5) An emergency warning light device; amber in color,
alternately flashing or rotating, at 150 flashes per minute,
per light, mounted as high as possible and as far to both
the left side and right side as possible, so as to be
8
visible to the front and rear of the vehicle at all times
when in operation. This warning device should be in opera-
tion from the time the emergency auto wrecker arrives at the
scene until time of departure. The warning device (amber)
may be used, if necessary, from departure at the scene
during travel to the storage facility, using the most expe-
dient route. At no time shall an emergency auto wrecker
display a red light to the front of the vehicle.
(6) An extendable lighting device, capable of reaching the
length of the vehicle being towed, being no less than four
(4) inches in diameter per light, meeting D.O.T. specifica-
tions for stop and tail lights. This device shall be af-
fixed to the most rearward point of the towed vehicle and
operated accordingly when the towed vehicle's lighting sys-
tem is inoperable or said vehicle is towed backwards.
(7) A container of masonry -type sand, of no less than five (5)
gallons in capacity, for the purpose of spreading over small
liquid spills.
(8) A square pointed shovel and empty container to be used as
necessary for the removal of debris, spreading of sand, etc.
(9) A set of towing dollies or tilt -type wrecker bed that will
allow vehicles to be transported atop same, for the purpose
of transporting vehicles that cannot otherwise be towed due
to tire, axle, or wheel damage.
(10) A two-way communications device that will enable the wrecker
operator to be in constant contact with the Pearland Police
dispatcher.
(11) Heavy duty wreckers must be equipped with such devices(s)
necessary to provide air to air brake systems of towed vehi-
cles, when said towed vehicle's air brakes are inoperable.
(12) Any other equipment that may be required by any other
applicable state, federal, or local laws.
Sec. 31-14. Inspection of wreckers and storage facilities.
(a) An inspection official shall set appointments with the emer-
gency auto wrecker company in or about the month of December
of each year for the purpose of inspecting the storage
facilities and emergency auto wreckers used by each wrecker
company, to ensure that all requirements are met before a
new permit is issued. All appointments for inspection are
to be set by the reasonable discretion of the official
inspector. All requirements shall be met and approved by
the inspector.
(b) Periodic inspections of the permitted wreckers and their
storage facilities may be made at any time during the year
9
that the emergency auto wrecker permit is in effect. This
is done to ensure compliance with all sections of this
ordinance. The inspection of storage facilities may occur
at any reasonable hour. Wreckers may be inspected at any
time during normal business hours or during any time of
operation.
(c) Wreckers found in violation of the requirements of this
ordinance may be subject to immediate forfeiture of said
permit and the owner and/or operator may be subject to
citation by either the police department or the inspection
official.
Sec. 31-15. Wrecker driver qualifications.
No person shall operate or drive any auto wrecker or emergency
auto wrecker, whether on his/her own account or in the employ of
another, except in compliance with the following standards and condi-
tions, to -wit:
(1) All wrecker drivers must be eighteen (18) years of age or
older, and be of good moral character.
(2) All wrecker drivers must possess a current, valid, and ap-
propriate driver's license which has been duly issued to
him/her by the Texas Department of Public Safety.
(3) All permit holders must provide evidence that their drivers
are covered by the certificate of insurance required in
section 31-5.
Sec. 31-16. Solicitation of business on streets of city prohibited;
presumption of violation.
(a) No person shall solicit in any manner, directly or indirect-
ly, on the streets of the city, the business of towing any
vehicle "wrecked, disabled or picked up from a police inci-
dent site", on a public street, regardless of whether the
solicitation is for the purpose of soliciting the business
of towing, removing, repairing, wrecking, storing, trading
or purchasing said vehicle.
(b) Proof of the presence of any person engaged in the wrecker
business or the presence of any wrecker or motor vehicle
owned or operated by any person engaged in the wrecker busi-
ness either as owner, operator, employee or agent, on any
public street in the city, at or within two hundred feet.
(200') of the scene of a wreck, accident or collision, shall
be prima facie evidence of a solicitation in violation of
this section.
Sec. 31-17. Choice of wrecker service.
(a) police not to solicit. recommend or influence choice; autho-
rized to direct tow to police station. No police officer,
10
investigating or present at the scene of any wreck, acci-
dent, collision, or police incident shall directly or indi-
rectly either by word, gesture, sign or otherwise, recommend
to any person, the name of any particular owner engaged in
the wrecker services or repair business, nor shall any such
police officer influence or attempt to influence in any man-
ner the decision of any person choosing or selecting a
wrecker or repair service. Provided, that any police offi-
cer, in the exercise of his/her discretion as a police
officer, may direct that any vehicle (whether towed by a
wrecker selected by the owner of the vehicle or from the
"wrecker rotation list") shall be taken by the driver of the
wrecker towing the vehicle directly to the police station
and there held by the city for any lawful purpose.
(b) Dispositions of vehicles. The police department may move a
vehicle from the scene of an accident or remove a vehicle
who's driver is under arrest.
(c) Right of owner request. The owner or driver of a wrecked
auto or the arrested owner or driver at a police incident
site has the right to request, through the investigating
officer, a particular wrecker service, provided that: the
wrecker service requested has a valid auto wrecker permit
issued by the State of Texas; that said wrecker service can
respond to the incident in a reasonable amount of time; and.
the vehicle is not subject to police impound for evidence
carrying purposes.
Sec. 31-18. Authorization by person(s) other than the owner to pick
up and tow vehicle, report to police department required.
Whenever the holder of an emergency auto wrecker permit is autho-
rized to pick up and tow any vehicle, and such authorization was given
by someone other than the last known registered owner of the motor
vehicle, the permit holder shall be responsible to do all of the
following:
(1) Make a written report to the city police department, immedi-
ately after the vehicle has been picked up, describing
vehicle fully, the circumstances involved.
(2) Send a certified letter to the last known registered owner
and/or lien holder within ten (10) days of picking up
vehicle.
(3) Notify the city police department of the disposition of the
certified letter within ten (10) days from a reply or
return.
Sec. 31-19. Drivers to obey; not to interfere with police officers in-
vestigating accidents.
All emergency auto wreckers dispatched to the scene of an
accident by the police dispatcher shall obey all lawful orders given
11
them by any police officer of the city investigating such accident and
shall not in any manner interfere with such police officer in the per-
formance of his/her duty.
Sec. 31-20. Removal of disabled vehicles, permission of police
required.
No vehicles will be removed from an accident scene or police
incident site until the investigating officer arrives and has com-
pleted his/her investigation and has ordered the vehicles to be re-
moved.
Sec. 31-21. Duty of wrecker driver to clear street of debris, glass,
etc.
It shall be the duty of the driver of the emergency auto wrecker
that picks up a wrecked or disabled vehicle for the purpose of towing
the same away, to remove all debris, parts or glass resulting from the
incident. In the event two (2) or more emergency auto wreckers pick
up vehicles for towing, it shall be the duty of each driver to clear
the streets of debris, parts, or glass. The driver(s) of the emer-
gency auto wrecker(s) indicated in this section shall not leave the
scene of the accident until full compliance with the provisions of
this section has been made.
Sec. 31-22. Wrecker service and storage facility rates.
(a) Established The rates charged for wrecker services and
storage of towed vehicles shall be set by the Director (with
approval from the City Manager), in accordance with rates
set by the State of Texas and in addition to comparable
rates of the region, and shall be subject to change from
time to time, as warranted. Wrecker companies must notify
the owner(s), or nearest adult relative, of the towed
vehicle, by telephone, within twenty-four (24) hours and in
written form by certified mail within ten (10) days of the
time of pick up, advising said person(s) of the storage
address of said vehicle and the storage rate, as well as the
wrecker company's telephone number.
(b) Notice of charge to customer. Emergency auto wrecker oper-
ators must provide a written copy of authorized rates and
charges to the owner or operator of a vehicle that is
being towed, unless said vehicle owner or operator is inca-
pacitated for any reason.
Sec. 31-23. Immediate storage of towed vehicles required; exception.
All vehicles picked up by an emergency auto wrecker shall immedi-
ately be taken to the permit holder's approved storage area, unless
authorization to take the vehicle to another location is received from
the police department, or in the absence of a police impound or hold,
by written authorization of the owner or operator of the vehicle.
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Sec. 31-24. Hours storage facility open for receiving, releasing
vehicles.
The holder of an emergency auto wrecker permit shall be responsi-
ble for maintaining and operating the storage facility so that
vehicles may be received and released twenty-four (24) hours -per -day.
Sec. 31-25. Officers authorized to remove illegally wrecked, aban-
doned or disabled vehicles.
(a) Officers of the Pearland Police Department or investigating
law enforcement agencies are hereby authorized to remove a
vehicle to the nearest garage or other place of safety, or
to a garage designated or maintained by the governmental
agency, of which the officer is a member, under the circum-
stances hereinafter enumerated:
(1) When any vehicle is illegally parked so as to block the
entrance to any private driveway and it is impractical
to move such vehicle from in front of the driveway to
another point on the highway or street.
(2) When any vehicle is found upon a highway or street and
a report has previously been made that such vehicle has
been stolen or a complaint. has been filed and a warrant
thereon issued charging that such vehicle has been
embezzled.
(3) When any such officer has reasonable grounds to believe
that any vehicle has been abandoned.
(4) When a vehicle upon a highway or street is so disabled
that its normal operation is impossible or impractical
and the person or persons in charge of the vehicle are
incapacitated by reason of physical injury or other
reason to such an extent as to be unable to provide for
its removal or custody, or are not in the immediate
vicinity of the disabled vehicle.
(5) When an officer arrests any person driving or in
control of the vehicle for an alleged offense and such
officer is by this code or other law required to take
the person arrested immediately before a magistrate.
(b) Any officer is hereby authorized to remove any vehicle
parked or standing in or on any portion of a roadway, when
in the opinion of the said officer the vehicle constitutes a
hazard; or interferes with a normal function of a governmen-
tal agency; or by reason of any catastrophe, emergency or
unusual circumstances the safety of said vehicle or others
is imperiled.
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(c) Any member of the Pearland Fire Marshal's office is hereby
authorized to have a vehicle removed that is parked in such
a manner as to violate the City's fire ordinance, or inter-
feres with the response to an incident.
Sec. 31-26. Penalty.
Any person, firm, corporation, or partnership who shall violate
or cause to be violated any part of this chapter shall be deemed
guilty of a misdemeanor and shall be punished in accordance to section
1-11 of the Code of Ordinances.
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APPLICATION FOR PERMIT TO OPERATE
EMERGENCY AUTO WRECKER
CITY OF PEARLAND, TEXAS
TO THE DIRECTOR OF WRECKER SERVICES:
The undersigned owner of an emergency auto wrecker(s) hereby makes
application to operate an emergency auto wrecker within the City Limits of the City of
Pearland, in accordance with the provisions of Ordinance No. 374 of the City of
Pearland, and for such purpose furnishes the following information:
Name of Owner:
Residence Address:
Business Address:
If the emergency auto wrecker is operated under the name of some company other than
the owner, give the name of the company:
If owner is a partnership, list all partners and their residence address:
If owner is a corporation, furnish the following:
(a) Name of corporation: Charter #
(b) Business address of corporation:
(c) Name and address of president:
(d) Name and address of secretary:
How many auto wreckers do you intend to operate?
What is your VSF number?
What is your TxDot number?
Rev. 2/12/2001 1
Furnish the following information as to each wrecker:
Vehicle 1
Vehicle 2
Vehicle 3
Make
Model
Motor Serial No.
State License Plate No.
Is title to each of the above vehicles in your name or the name of the partnership or
corporation? If title is not in the name of the applicant, give name
and address of owner:
Are any of the above vehicles operated under the terms of a contract with some company
other than the owner? . If "yes", a copy of the contract must be attached to this
application.
Describe size of storage area and give address:
Do you agree that you will obey the provisions of the Wrecker Ordinance of the City of
Pearland, and all other ordinances and laws applicable to motor vehicles, and that upon
your failure to obey such laws your permit may be revoked or suspended for such period
and under such terms and conditions as the director may determine?
The undersigned applicant certifies that he has attained the age of eighteen (18) years, is a
citizen of the United States, is able to read and write the English language and that all
statements and answers contained in this application are true and correct.
Please sign application in the appropriate space below:
Individual Applicant
Signature of Applicant
Name of Partnership Name of Corporation
Signature of Partnership Signature of President
ATTEST:
Signature of Secretary
(SEAL)
Rev. 2/12/2001 2
* * * * * * * * * * * * * * * * *
EACH PERSON MAKING APPLICATION FOR A PERMIT SHALL FILE WITH THE DIRECTOR AN
INSURANCE POLICY AND/OR CERTIFICATE OF INSURANCE EVIDENCING INSURANCE
COVERAGE FOR PUBLIC LIABILITY INSURANCE WITH LIMITS NOT LESS THAN $150,000
BODILY INJURY TO EACH PERSON, $300,000 BODILY INJURY EACH OCCURRENCE, AND
$60,000 PROPERTY DAMAGE.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
Before me, the undersigned authority, on this day personally appeared
applicant herein, who, being known by me and duly
sworn on oath, states that the facts set out in the foregoing application are true and
correct.
(SIGNED)
SWORN TO and subscribed before me this day of 200_.
(SEAL)
NOTARY PUBLIC, BRAZORIA COUNTY, TEXAS
(Do not write below this line)
Date of Public Hearing:
Notices of Hearing mailed: Posted:
Approved/Disapproved:
Signature of Director
Date of Notification to Owner:
CITY FEE:
Rev. 2/12/2001 3
Date:
INFORMATION ON EMERGENCY AUTO WRECKER DRIVERS
CITY OF PEARLAND, TEXAS
REQUIREMENTS FOR EMERGENCY AUTO WRECKER DRIVERS:
An emergency auto wrecker driver must be a minimum of 18 years of age; possess
a current valid Texas Operator's license, a commercial or chauffeur's license; and
provide evidence that they are included on the permit holder's certificate of insurance as
stated in Section XII of Wrecker Ordinance No. 374.
Please furnish the following information:
Driver's Name:
Driver's Age: Date of Birth:
Present Address:
Type of License: License No.:
Driver's Name:
Driver's Signature
Driver's Age: Date of Birth:
Present Address:
Type of License: License No.:
Driver's Name:
Driver's Signature
Driver's Age: Date of Birth:
Present Address:
Type of License: License No.:
Driver's Signature
Rev. 2/12/2001
4
Driver's Name:
Driver's Age: Date of Birth:
Present Address:
Type of License: License No.:
OWNER OF WRECKERS:
Driver's Signature
Signature of Owner
Rev. 2/ 12/2001 5