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Ord. 0374 06-26-78ORDINANCE NO. 374 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING AND LICENSING AUTO WRECKERS AND WRECKER DRIVERS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF: PROVIDING A SEVERABILITY CLAUSE: AN EFFECTIVE DATE: AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I Definitions. For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the meanings as set out herein: (a) Auto Wrecker. The term "auto wrecker" shall mean any auto- mobile, 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 which does not appear at the scene of an accident where a vehicle has been wrecked or disabled upon a public street or public place for the purpose or in expectation of towing one of the vehicles from the scene unless summoned there by the owner upon request or by the Police Dispatcher in a next out ro- tation. The term "auto wrecker" shall not he construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked or disabled vehicles and not for such purposes, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towage or transpor- tation of wrecked or disabled vehicles. This exception shall not authorize evasion of this article, and if any vehicle, although not equipped with devices primarily used for towing wrecked or disabled vehicles, is actually used for such purposes 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 body shop work and haul vehicles for any dealer as long as it does not appear at the scene of an accident. (b) Director. The term "director" shall mean the City Mana- ger or his authorized representative. (c) Emergency auto wrecker. The term "emergency auto wrecker" shall mean an auto wrecker which appears at the scene of an ac- cident 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 in expectation of towing, removing or hauling away the wrecked vehicles or vehicle from the scene of the accident. The only wrecker that will be allowed at the scene of an accident will be those wreckers who have been summoned by the City Police Dispatcher because of a request of the damaged auto owner or the next out ro- tation list. (d) Owner. The term "owner" where used in connection with the person(s) issued a permit under this ordinance, shall be con- strued to mean any person or his agent 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 emergency auto wrecker, and who uses the same in the conduct of his business or any part thereof, and the term "owner" shall extend and be applied to associations, cor- porations, firms, and partnerships as well as individuals. (e) Motor vehicle. The phrase "motor vehicle" shall mean only motor vehicles subject to registration pursuant to the Texas Certificate of Title Act. (f) Permit holder. The phrase "permit holder" shall mean any person, partnership, corporation or other enterprise which has a valid auto wrecker or emergency auto wrecker permit issued by the City. This term shall he inclusive of the agents of any such person, partnership, corporation or other enterprise. (g) Wrecker driver. The term "wrecker driver" means any indi- vidual who actually operates and drives any auto wrecker or emergency auto wrecker on the streets of the City, either on his own account or in the employ of another. SECTION II Permit required. 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 indicent 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 ordinance to such person to operate an emergency auto wrecker on the streets of the City. In any prosecution for a violation of Section II of this ordi- nance, 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 auto wrecker as an unpermitted.emergency auto wrecker. SECTION III Application for Permit. Any owner desiring to operate an emer- gency auto wrecker in the City shall make application to the director for an emergency auto wrecker permit. Such application shall be sub- mitted upon forms to be furnished by the director and the applicant shall furnish the following proof and information with his 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 then the name of the owner, then the name of the company shall be stated. Acccompanying the application shall he 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 for approval. If an individual, the application shall so state. If a partnership, the part- nership 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, to- gether with the names and addresses 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 and correct state license number of each vehicle to be operated by the applicant as an emer- gency auto wrecker. SECTION IV Application Hearing. 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 per- sons 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 of the City. In determining whether the public convenience and necessity exists for the issuance of a permit on the application to operate an emer- gency auto wrecker on the streets of the City, the director may take into consideration the following: (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 congestion, vehicular and pedestrians alike.. (6) Storage facilities for wrecked vehicles and size of business location and lot. (7) Whether the vehicle shall be operated by the owner, or by his employee with bonafide employer -employee relationship. (8) Whether the applicant proposes to own, rent, or lease the vehicle to be used. (9) The number of emergency auto wreckers then in existence and licensed. (10) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of addi- tional certificates of public convenience and necessity for emergency auto wreckers. (11) The resulting effect upon the business of holders of exist- ing permits. SECTION V Issuance of Permit and Fees. (a) Findings. If the director finds after the hearing and in- vestigation that public convenience and necessity exists for the op- eration of the emergency auto wrecker(s) that have been applied for, he shall then notify the applicant in writing within fifteen (15) days that such vehicles are authorized to operate under the provi- sions of this Article 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. The permit fee to operate an emergency auto wrecker shall be Two Hundred Dollars ($200.00) per year, payable to the City, for each emergency auto wrecker owner (whether operating one or more emergency auto wreckers) authorized to operate by the director. A year shall mean calendar year commencing January 1. The fee shall be non-refundable. Fees for permits issued for less than a full calendar year shall not be pro -rated. All permits shall expire at midnight on December 31. (c) Issuance and Contents. After the owner has filed his appli- cation for an emergency auto wrecker permit, and the applicant has made a complete compliance with all the terms and conditions of this ordinance, the director shall authorize the City Secretary to issue to the owner a permit 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, motor number and license number of each emergency auto wrecker authorized by the director to operate, and said permit shall be carried at all times in or on the vehicle in a manner as to permit ready inspection. If the director has determined that the permit should not be granted, issuance of the permit shall be deferred until all appeal periods have expired. (d) Permit is personal to owner; transfer; supplemental per- mit for replacement vehicle. A permit issued under this Section for an emergency auto wrecker shall be a non-transferrable personal per- mit to the owner and shall not entitle any other person or corpora- tion to operate such emergency auto vehicle. Whenever an owner wishes to discontinue the use of an emergency 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 emergency auto wrecker covered by his permit, and desires to use another emergency auto wrecker in its place. He shall then file an endorsement forming a part of his insurance policy or certificate from his insurer sub- stituting the auto wrecker covered by his permit, with the other auto wrecker he desires to use in its place. The director shall then authorize the City Secretary 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 per- mit. In the insurance endorsement from the insurer and 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 emergency auto wrecker permit and thereafter desires to increase the number of emergency auto wreckers to be operated, he shall file a supplemental application with the director setting forth his permit number and the fact that he desires to operate additional emergency auto wreckers, giving the make, model, motor number and state license number of each additional emergency auto wrecker. He shall also file new proof of financial responsibility as required by this article with respect to the new emergency auto wreckers with the director. An_endorsement to and forming a part of an insurance policy or certificate of insurance then in force may be accepted in lieu of a new policy or certificate to show such financial responsi- bility. The director shall examine such supplemental application and proof of financial responsibility, and if the same are in order, he shall authorize the City Secretary to issue a supplemental permit covering the new emergency auto wrecker upon payment of all applicable fees and costs to the City Secretary. SECTION VI Appeal from issuance or denial. After the director has made his findings and declares same to the applicant for a permit under this ordinance, he or the opponent(s) of such application shall have the right to appeal to the City Council within ten (10) days therefrom. 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 hearing 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. SECTION VII Limitation on new application after denial. If the director finds from his hearing and investigation that public convenience and necessity does not exist for the operation of the vehicle or vehicles as applied for, he shall notify the applicant in writing within 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 prior application. SECTION VIII Requirements for partnership or corporate applicants. When a partnership or corporation applies for a permit under this Ordinance, 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 re- quirements 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 applica- tions certifying to their individual qualifications within such time and the failure to certify within such time or to possess such quali- fications required of such persons under this Section shall be cause for the suspension of the permit held by such corporation or partner- ship. SECTION IX Suspension Cr revocation. Upon complaint being filed by any person with the director of a violation of any of the terms or pro- visions of this Ordinance 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, after fifteen (15) days written notice to the holder of a permit under this Ordinance of the grounds of such complaint or upon his motion conduct a hearing to hear evi- dence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this Ordinance 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, provided, however, the penalty for the first violation here- under shall not exceed a ten- (10) day suspension. After the director has held the hearing and investigation upon the complaint or motion for the suspension, cancellation or revo- cation of a permit of any owner of an auto wrecker, he shall make his findings and declare the same in writing to the owner or operator of such auto wrecker, within fifteen (15) days after such hearing. The owner of such auto wrecker shall have the right to appeal to the City Council within ten (10) days from the receipt of the writ- ten decision of the director only in the the permit of the owner by the director. fected by a letter to the Mayor and City event of a revocation Such appeal shall be Council and delivered of per - to the City Secretary, stating that an appeal is desired from the re- vocation by the director. Upon receiving such appeal, the City Coun- cil, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will he 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 findings. 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. SECTION X Required Equipment. A11 emergency auto wreckers and auto wreckers shall be provided with the following equipment, which equipment 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 a standard type 5 lb. CO2 extin- guisher, or such other type and size as may be from time to time determined by the Fire Marshal of the City. (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 auto wreckers shall also be equipped with tow bar(s), which are part of the auto wrecker and shall have such tow bar(s) in place at all times when towing a vehicle to hold it rigid and prevent swinging of the towed vehicle. (4) A broom for the purpose of clearing the street of debris, parts or glass. • SECTION XI Rules and Regulations. The director shall be authorized to make such rules and regulations as he 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 an emer- gency auto wrecker to a storage facility. SECTION XII Proof of owner's financial responsibility. Before any permit shall be issued under this Ordinance, the applicant or permit holder, as the case may be, shall file with the director a certificate of insurance setting forth that he has in full force and effect a policy of public liability insurance with limits not less than $50,000.00 (bodily injury) to each person, $100,000.00 (bodily injury) each occurrence, and $20,000.00 property damage. Such policy of insurance shall be issued by an insurance company approved by the director and authorized to do business in the State of Texas. Failure to maintain such policy of insurance in full force and effect shall be just grounds for suspension or revocation of any permit issued under this Ordinance. SECTION XIII Standards for wrecker drivers. No person shall operate or drive any auto wrecker or emergency auto wrecker, either on his own account or in the employ of another, except in compliance with the following standards and conditions, to -wit: (1) All wrecker drivers must be eighteen (18) years of age or older. (2) All wrecker drivers must possess a current valid operator's license, a commercial operator's license or chauffeur's li- cense, which has been duly issued to him by the Texas Depart- ment of Public Safety. (3) All wrecker drivers must provide evidence that they are co- vered by or included on the certificate of insurance of a permit holder as required in Section XII of this Ordinance. SECTION XIV Drivers to obey police officers investigating accidents; inter- ference with police. of an accident by the All emergency wreckers dispatched to the scene Police Dispatcher, shall obey all lawful orders given them by any police officer dent and shall not in any manner in the performance of his duty. of the City investigating such acci- interfere with such police officer SECTION XV Removal of disabled vehicles. Disabled vehicles shall not be removed without the investigating officer's permission. No emergency auto wrecker driver shall remove any wrecked or disabled vehicle from the place where an accident has occurred or attach his wrecker to the wrecked or disabled vehicle until the investigating officer arrives and has completed his accident investigation and order the vehicle(s) to be removed. SECTION XVI Duty of driver to clear street of debris, glass, etc. It shall be the duty of the emergency auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more 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 emergency auto wrecker(s) indicated in this section shall not leave the scene of the accident until a full compliance with the provisions of this section has been made. SECTION XVII Wrecker charges. The maximum and minimum rates and charges for emergency auto wrecker service furnished by permit holder's hereunder, shall be as determined by the City Council from time to time and on file in the office of. the City Secretary and director. SECTION XVIII Change of wrecker charges. Wrecker charges may be changed only by proper amendment to the rate schedule by the City Council. SECTION XIX Owner information. It shall be the duty of the investigating officer to provide the wrecker company with the name, address, and telephone number of the automobile owner of the vehicle picked up at the scene of the accident when possible. SECTION XX Storage immediately. All vehicles picked up by either an auto wrecker or an emergency auto wrecker shall immediately be taken to the permit holder's approved storage area unless authorization to take the vehicle to another location is received from either the City Police Department or from the owner of the vehicle. SECTION XXI Storage fees. The maximum and minimum rates and charges for storage service furnished by permit holder's hereunder, shall be as determined by the City Council from time to time and on file in the office of the City Secretary and director. SECTION XXII Hours open. The holder of an emergency auto wrecker permit shall be responsible for maintaining and operating this storage facility go that vehicles may be received on a twenty-four (24) hour per day basis and may be released at least between the hours of 7:00 a.m. and 7:00 p.m. daily, except Sundays and holidays. SECTION XXIII Information to be obtained. Whenever the holder of an emergency auto wrecker permit is authorized to pick up and tow in any vehicle when such authorization was given by someone other than the last known registered owner of the motor vehicle, the permit holder shall be re- sponsible to do all of the following: (a) Make a verbal report to the City Police Department immediately after the vehicle has been picked up. SECTION XXIV Solicitation. No person shall solicit in any manner, directly or indirectly, on the streets of the City of Pearland, the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of solicit- ing the business of towing, removing, repairing, wrecking, storing, trading, or purchasing said vehicle. 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 business either asmwner, operator, employee or agent, on any public street in the City, at or near the scene of a wreck, accident, or collision, shall be prima facie evidence of a solicitation in viola- tion of this section. SECTION XXh Police not to solicit. No police officer investigating or present at the scene of any wreck, accident, or collision on a public street shall, directly or indirectly, either by word, gesture, sign or other- wise, 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 manner the decision of any person choosing or selecting a wrecker or repair service. Pro- vided, that any police officer, in the exercise of his discretion as a police officer, in the exercise of his 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 of Pearland for any lawful purpose. At no time will the City of Pearland Police Department move a vehicle from the scene of an accident or remove a vehicle whose dri- ver is under arrest without calling the "Next Out" wrecker to move said vehicle. Nothing herein shall prohibit the police officer from calling the City wrecker to remove a City -owned vehicle. The next out rotation list will be kept in an orderly manner, subject to inspection by any wrecker owner at any reasonable time and when not interfering with the performance of the police department's regular duties. The driver of the wrecked auto or the arrested driver of an auto has the right to request, through the investigating officer, a particular wrecker service. SECTION XXVI Grandfather clause. Any owner in the wrecker business, within the City of Pearland, Texas, at the time this ordinance is adopted, shall be entitled -to an auto wrecker and/or emergency auto wrecker permit, without proving public convenience and necessity, upon paying the permit fee, providing proof of financial responsibility, and gen- erally fulfilling all requirements prescribed in this ordinance. SECTION XXVII Penalty. Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall. be fined no more than Two Hundred Dollars ($200.00). Each day such violation occurs shall constitute a separate offense. SECTION XXVIII Severability. Should any section, subsection, sentence, pro vision, clause or phrase of this Ordinance be held invalid for any reason, such invalidity shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this Ordinance, and the same are declared severable for this purpose. SECTION XXIX Repeal. All existing Ordinances, parts of ordinances, or code provisions or parts of code provisions, in conflict herewith are here- by repealed only to the extent of such conflict. SECTION XXX Incorporation into code. It is hereby ordained that this Ordinance, when approved and adopted, shall be made a part of, and incorporated into, the Code of Ordinances of the City of Pearland, Texas, and said Code is hereby expressly amended to include the provisions of this Ordinance in all respects. SECTION XXXI Effective date. This Ordinance shall be effective and be in full force and effect ten (10) days from and after its adoption on second and final reading. SECTION XXXII Publication. The City Secretary is hereby authorized and di- rected to publish the Caption of this Ordinance in accordance with the provisions of the Charter of the City of Pearland. PASSED and APPROVED upon the first reading by the City Council of the City of Pearland, Texas, at a regular meeting, this 13 day of march , 1978. ATTEST: ty Secretary C "C. PASSED, APPROVED and ADOPTED upon second and final reading by the City Council of the City of Pearland, Texas, at a regular meeting, this 26 day of June ATTEST: c:e-r,P/ APPROVED AS TO FORM: City Attorney EFFECTIVE DATE: /0/ / 9 79 RATE SCHEDULE - ORDINANCE NO. 374 The following maximum and minimum rates and charges, as provi- ded in applicable provisions of Ordinance No. 374, heretofore adopted, are hereby approved and adopted by the City Council of the City of Pearland, Texas, and shall remain in effect until amended by proper order of the City Council. Wrecker Charges (Maximum) 1. Normal tow from the scene of accident in the City Limits to the place of business of the emergency auto wrecker location or storage area within City Limits, day, night, holidays or Sundays, a charge not to exceed :$35.00. 2. Normal transfer tow, authorized, by owner, from original towed location to another location within the City Limits, a charge not to exceed $12.50. 3. Normal transfer tow, authorized by owner, from original lo- cation to another location within the City Limits on Saturdays, Sun- days, and holidays, .or between the hours of 4:00 p.m. and 7:00 a.m.,, a charge not to exceed $22.50. 4. To disengage or remove drive shafts a charge not to exceed "$10.00. 5. To remove and replace a tire and wheel in order to tow the disabled vehicle, a charge not to exceed $10.00 each wheel and tire. 6. To place a disabled vehicle on a dolly or to airplane it, as charge not to exceed $57.50. 7. To remove a submerged vehicle, a charge not to exceed $100.00. 8. To up -right an overturned vehicle or remove vehicle from a ditch or embankment, a charge of $10.00 in addition to usual tow. A normal tow is defined as "picking up the vehicle or moving or towing the vehicle from a street or location to a street or location." Storage Fees (Maximum) 1. Outside storage 2. Inside storage $ 3.00 s.00 per day. per day. Passed and adopted by the City Council this ,26 day of FILED: rd% day of 1978. , 1978. By: CITY OF PEARLAN Mayor -2-