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O67-04KENNEDALE ORDINANCE NO. 67-4 AN ORDINANCE PROVIDING FOR THE REGULATION AND OPERATION OF WRECKERS, AS HEREIN DEFINED, FOR THE TOWING AND REMOVAL OF VEHICLES, WITH- IN THE CORPORATE LIMITS OF THE CITY OF KENNEDALE, TEXAS; DEFINING TERMS; REQUIRING APPLICATION FOR, PA t NT OF A FEE AND ISSUANCE OF A LICENSE AS A PREREQUISITE TO THE OPERATION OF A WRECKER WITHIN SAID CITY; PROVIDING FOR THE SUSPENSION AND REVOCATION OF ANY SUCH LICENSE; REGULATING THE OPERATION AND PROCEDURE OF WRECKERS WITH RESPECT TO ANY AUTOMOBILE ACCIDENT OR COLLISION WITHIN THE CORPORATE LIMITS OF SAID CITY; REQUIRING THE KEEPING OF RECORDS AND REPORTS BY OPERATORS OF WRECKERS; REQUIRING LIABILITY INSURANCE BY THE OPERATOR OF ANY WRECKER WITHIN SAID CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE IN ANY SUM NOT MORE THAN $200.00; PROVIDING THAT EACH DAY THAT A VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TE_XA S : SECTION ONE. Definitions. For the purposes of this ordinance the following words and phrases shall have the meanings respectively ascribed to them by this section: Accident - any occurrence which renders a vehicle wrecked are disabled as defined herein. Disabled - the status of any vehicle which has been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including but not li ited to mechanical failures or breakdowns, fire, the elements or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker. Motor vehicle - every vehicle which is self-propelled. Owner - any person who holds the legal title to a vehicle or who has the legal right of possession thereof, or the legal right of control of a vehicle. Owner's request - the designation of the occasion when the owner of a wrecked or disabled vehicle has selected a wrecker company to remove his vehicle and has authorized the Police Department to call that recker company. Police pull - the designation of the occasion when the Police Depart ent calls a recker company to remove a wrecked or disabled vehicle, or to reuove a vehicle under other circumstances, but the owner is not present, able or permitted to drive or to make authorizations. Represented autoaobile-club - any firm, organization or corporation organized entirely or in part for the purpose of providing contract emergency road service to owners of vehicles, which organization has authorized a licensed wrecker company or,companies to represent it on all calls concerning wrecked or disabled vehicles and has been permitted by the Police Department to be so represented as hereinafter provided. Represented repair business - any person, fi u or corporation in the business of repairing vehicles whic has authorized a licensed wrecker coftpany to represent it on all calls concerning wrecked or disabled vehicles and has been pe $itted by the Police DepartLtent to be so represented as hereinafter provided. Rotation - the designation of the occasion hen the owner of a wrecked or disabled vehicle fails to designate a specific repair place or wrecker operator to reove his vehicle and has authorized the Police Department to call a wrecker froti the rotation list. Street - any street, alley, avenue, lane, public place, square or highway within the corporate limits of the City of Kennedale, Texas. Vehicle - every device in, upon or by which any person or property is or may be transported or drawn upon any street, except devices moved by human power or used exclusively upon stationary rails or tracks. Wrecked - the status of any vehicle that has been dauaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that such vehicle be removed by a wrecker. Wrecker - any motor vehicle designed and used pr aarily for removing wrecked or disabled vehicles upon any street. Wrecker business - the business of removing wrecked or disabled vehicles on the streets fron the.site of an accident, regardless of whether the purpose of the removal is to repair, wreck, store, trade or purchase such wrecked or disabled vehicles. Wrecker company - any person, firm or corporation engaged in the wrecker business. Wrecker rotation list - the list of irecker co as hereinafter provided. SECTION TWO. Accidents Covered. panies The prohibitions and require ents of this ordinance shall apply to all accidents occurring on a street, regardless of whether or not the final resting place of a vehicle is upon a street Ltuediately after the accident, and shall be construed -2- to include those accidents in which a vehicle, iv ediately before becoming wrecked or disabled, was either driven off a street intentionally, because of soue real or i agined emergency, or uliciously, negligently or suicidally, or was driven off a street unintentionally or left the street driverless. SECTION THREE. E 1 ergencies Excepted. The prohibitions and requirements of this ordinance shall not apply to any person who necessarily must act ilfediately to prevent death or bodily injury to any person involved in an accident. SECTION FOUR. Exceptions on Pushing or Towing Vehicles. Vehicles oay be pushed or towed by another vehicle only when they do not reasonably require removal by a recker and only 7Phen such be done in a safe manner, and such re&oval is excluded from all coverage of this ordinance except the section concerning solicitation hereinafter set forth. SECTION FIVE. License or Per in it Requirements. (a) No person, firm or corporation shall engage in the wrecker business on the streets of the City of Kennedale unless a license to engage in such business has been issued to the owner of such wrecker company. No such license shall be transferable and every such license shall expire at sddnight on the 31st day of December of the calendar year in which issued. (b) Any wrecker coftpany desiring to engage in the wrecker business in the City of Kennedale, or any vehicle repair business or auto obile club desiring to have a licensed recker co pany act as its authorized agent to provide wrecker service on its behalf on calls concerning wrecked or disabled vehicles, shall make known its desire in this regard in writing to the Chief of Police as provided in this section. (c) Application to engage in the wrecker business shall be made in writing to the Chief of Police, and shall contain the name, address and telephone number of the wrecker coupany, the nuuber and types of wreckers to be operated, the true owner of the company concerned, a certification that each wrecker to be operate& meets all requirements of this ordinance, and a statement that the applicant does or does not desire to appear on the wrecker rotation list. (d) A vehicle repair business or automobile club, desiring to have wrecker service furnished on its behalf by a licensed wrecker co pany on all reports concerning wrecked or disabled vehicles, shall direct a letter of authorization to the Chief of Police naming a licensed wrecker company as that concern's authorized agent. Such wrecker co pany shall indicate in writing its acceptance of such authority, either on the same or a separate letter written by the wrecker co pany and directed to the Chief of Police. Upon satisfaction that these requirements have been uet, the Chief of Police shall give authorization for such wrecker company to act as authorized representative. (e) Every application for license or letter of authorization hen filed shall be sworn to by the applicant and acco panied by an annual fee of $10.00 for each wrecker proposed to be operated and $10.00 for each letter of authorization. No fee payments shall be returnable, whether the application is granted or denied. (f) The Chief of Police shall issue a license to engage in the wrecker business to all applicants complying with the provisions of this ordinance; provided, ho ever, no license authorizing the operation of a wrecker business or the operation of a wrecker of the streets of the City of Kennedale shall be issued unless and until each of the following require ents is met: (1) Each wrecker proposed for operation shall be not less than I ton in size, and shall be equipped with a power or hand operated winch, winch line and booft, with a factory rated lifting capacity (or a city tested capacity) of not less than 5,000 pounds, single line capacity. (2) Each wrecker shall carry as standard equipfgent a tow bar, safety chains, a fire extinguisher, wrecking bar, broo4g axe, shovel, flags and flares. (3) Each wrecker shall have inscribed on each side thereof in letters not less than three inches in height the name and address of the licensee. (4) Each applicant shall have on deposit with th 'lief of Police a certificate of an unde iMer that applicant has e4force a policy or policies of insurance issued by an insurance company authorized to transact business in Texas either a garage liability policy covering the operation of applicant's business equipuent and vehicles, 'or a public liability policy covering each wrecker used by the wrecker co.pany, in the oinimum amounts of $10,000.00 for any one person killed or injured in any one accident, and $20,000.00 for more than one person killed or injured in any one accident, and $5,000.00 for all damages arising, injury,to or destruction of property, plus a garage keeper's minigfum liability policy covering fire, theft and collision in amounts adequate to cover liability, as determined under acceptable standards of authorized State Insurance Companies, and that said policies each contain an endorse ent providing for ten days' notice to the City of Kennedale in the event of any naterial change or cancellation of each policy. (g) After an administrative hearing, the Chief of Police may revoke the license of any licensee upon a sho ing that the license was procured by fraudulent conduct or false stateuent of a Haterial fact, or concealment of a material fact, at the time of the making of an application; or that the licensee or its employee has proceeded to the scene of an accident in violation of the provisions of this ordinance; or that the licensee has solicited any business in violation of the provisions of this ordinance; or that the licensee has failed to deliver a vehicle directly to the location as designated in writing by the owner of a vehicle or the Police Department at the scene the vehicle was disabled or from which it was removed. (h) After an administrative hearing, the Chief of Police may revoke the permit granted to any represented repair business or automobile club upon proof that the permit was procured by fraudulent conduct or false statement or concealment of any material fact at the time of fL.,king an application; or that such repair business or,uto obile club has solicited any business in violation of the provisions of this ordinance. (i) Any such revocation of a license or a permit shall terinate all authority and permission thereby granted under previous provisions of this ordinance, and any person, firm or corporation whose license or permit has been revoked shall not be eligible to again apply for a license or a permit for a period of one year from the date of revocation, or until the City Council has approved a prior application. (j) Any person, firm or corporation whose license or permit has been revoked by the Chief of Police may file an appeal therefrom to the City Council within twenty days fro the date of revocation, which notice of appeal shall be in writing and delivered to the City Secretary, and a copy thereof delivered to the Chief of Police, by the party appealing, The City Council shall have authority upon hearing of the appeal to reverse, vacate, modify or affirm the order of revocation. SECTION SIX. Selection of Wrecker and Place for Removal. (a) The Chief of Police shall cause to be prepared a printed form which shall provide spaces to show each of the following: The name of the wrecker company which the owner of a vehicle, desires to have remove his vehicle, the place to which the owner desires to have such vehicle removed, the automobile club or repair firm (if any) which the owner desires to have remove his vehicle (provided such automobile club or repair fi has an authorization permit under this ordinance), a statement which authorizes the investigating police officer to call for the wrecker company next in line on the wrecker rotation list (such statement to be used in the event the owner does notdesireto designate a wrecker company or repair firm or automobile club with an authorized representative hereunder), the description of the vehicle, the signature of the owner and of the investigating officer, and a place for the date of signing. (b) When a police officer investigating an accident or occurrence dete $,pines that any vehicle involved therein should be removed by a wrecker, such officer shall request the owner to designate in writing on the aforesaid form the manner in which he wants his wrecked or disabled vehicle handled. If the owner designates a particular wrecker company, or an automobile club or repair firm with an authorized representative hereunder, the investigating officer shall su on the wrecker company so indicated. If the owner requests use of the rotation list, or if the owner refuses, fails or is unable to make a selection or designation, then the investigating officer shall summon to the scene to pull such wrecked or disabled automobile the wrecker company on the rotation list due to receive such summons under succeeding provisions of this ordinance. Such automobile shall be removed to the place designated by the owner, but if the owner shall be unable, or shall fail or refuse to designate a place for removal of the sutomobile, said automobile shall be taken to the place designated by the Chief of Police for the storage of automobiles until claimed by the owners (c) Such form as herein provided shall be made in duplicate, one signed copy being furnished to the owner of the car and the other signed copy to be placed in a permanent file in the office of the Chief of Police. If an owner shall fail or refuse to sign such form, the investigating officer shall make note of such refusal thereon. SECTION SEVEN, Wrecker Rotation List, Procedure and Qualificationsm (a) The Chief of Police shall compile a master list, in alphabetical order, of all wrecker companies meeting each of the following qualifications, which list shall be known as the Wrecker Rotation List. Said list shall be composed of wrecker companies which have: (1) Been issued a license under this ordinance; (2) Requested to appear on such Wrecker Rotation List; (3) Indicated availability for call 24 hours per day; (4) Indicated availability of an attendant 24 hours per day to release impounded vehicles from the wrecker company yards upon presentation of proof of ownership or release by the Police Department; (5) Established uniform prices for services rendered to standard passenger automobiles not in excess of the following: S1Os00 for towing a vehicle from one point in the City to another point within the City of Kennedale; $10.00 an hour for use of a dolly, such time beginning when the dolly leaves the place of business and to end when it is placed in position under the vehicle; S10.00 an hour for removal of a vehicle from a location off the street right-of-way, such charge to be made from the time the operator begins to remove said vehicle until it is on a travel- ed portion of the street; S10.00 an hour for removal of a vehicle that is in some unusual condition, even though within the street right-of-way, which necessi- tates extraordinary work in effecting its removal; S1.00 per day of twenty-four hours for storage of an automobile, commencing with the time the vehicle is placed in storage. (Hourly charges can be in addi- tion to the towing charge, as can also the storage charge above set forth, provided that hourly -6 - charges shall be computed to the next quarter hour required in performing such extra work.) (b) When it becomes the duty of an investigating police officer to sunuon a wrecker, either upon permission to use the rotation list by an owner, or because the owner is unable, by reason of physical condition or absence, to give permission, or if the owner refuses to designate or give permission to remove a vehicle, and said vehicle needs to be removed because disabled or left in violation of law upon public property, or upon private property as a result of an accident or occurrence on public property and the private property is not owned by the owner of the vehicle, then the investigating officer shall call the name appearing on the rotation list who is next entitled to receive a call, and such listed wrecker company shall be entitled to receive calls in consecutive rotation, beginning at the top and going to the bottom of the list. The investigating officer shall determine by call to Police Headquarters which wrecker company is next in rotation. If the wrecker company first called is not available for any reason, then the call shall be placed to the next consecutive listed wrecker company on the rotation list, and when the list is completed, calls will again start in rotation fro g+ the top of the list. SECTION EIGHT. Debris to be Cleaned From Accident Scene. Each wrecker company called to the site of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, but excluding truck or vehicle cargoes, before leaving the site. SECTION NINE. Application of Ordinance to Police Pulls. On a Police pull for a vehicle that is in good driving condition, either because the vehicle has been abandoned, or because the operator has been arrested and must be taken into custody, or because the vehicle is stolen or suspected of having been stolen, or because the operator refuses or has become physically unable to drive the same, the wrecker company called from the rotation list under these and related circumstances is required to observe and aintain the same standards of equipment and conduct and to charge fees not in excess of those provided in this ordinance. It is also required that the place and wrecker selection form be used upon such occasions, with the exception of requiring the signature of the owner, with the officer designating thereon the reason for the absence of the owner's signature, and that other procedures provided in this ordinance shall be applicable in so far as practicable. SECTION TEN. Monthly Reports Required. Each licensed wrecker company and any repair business or automobile storage concern that has had in its custody, during any calendar month, a vehicle removed from the public right-of-way or other location upon the order of the Police Department by means of a wrecker, shall prepare a written list of such vehicles and furnish a copy to the Chief of Police, either by delivering in person or by mail, no later than the 5th day of the next consecutive onth, such list to contain a description of each vehicle by make, model and license number, the owner's naue, the time and date of receiving the vehicle, and_the ti e and date such vehicle was removed frou custody if such was done, and where and to whom delivered, SECTION ELEVEN. Wreckers Prohibited at Scene Unless Called. No person shall drive a wrecker to or near the site of an accident or other occurrence within the City unless such person has been called to the site by the owner of an involved vehicle or his authorized representative or by the Police Department. Each such wrecker operator, when called by any owns or representative', as distinguished from the Police Department, shall immediately notify the investigating officer at the scene of the identity of the person calling him, and it shall be the officer's duty to verify such call by having the owner complete the form hereinabove set forth, in so far as possible. SECTION LVE. Solicitation Prohibited. No person, firm or corporation shall solicit in any manner, directly or indirectly, on the streets of the City, at or near the site of an accident or other occurrence within the City, any business regarding wrecked or disabled vehicles regardless of whether the solicitation is for the purpose of removing, repairing, wrecking, storing, trading or purchasing such vehicle. The presence of any person engaged in the wrecker business or other businesses for which solicitation is hereby prohibited, either as owner, operator, employee or agent, on any street at or near the site of an accident within one hour after the happening of such accident shall be prima facie evidence of a solicitation in violation of this section. SECTION THIRTEEN. City Employees Not to Influence Owners of Vehicles. No employee of the City of Kennedale shall recoend to any person, directly or indirectly, either by word, gesture, sign or otherwise, the name of any particular person engaged in the repair, wrecker or other business for which solicitation is prohibited, nor shall any city employee influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker service or other business for which solicitation is prohibited. SECTION FOURTEEN. Application of License Requirement to Non - Resident Wrecker Companies. The license requirement of this ordinance shall not be construed to prohibit the transportation by a non-resident wrecker company of a wrecked or disabled vehicle from some point in the City other than the site of an original accident to some point outside the City, nor shall it be construed to prohibit the transportation within the City by a non-resident wrecker company of a wrecked or disabled vehicle from a point outside the City Limits to a designation inside or outside the City Limits; otherwise, however, the provisions of this ordinance shall be applicable to non-resident wrecker companies and resident wrecker coc, parries without distinction. SECTION FIFTEEN. Violations. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a ;cis - demeanor, and upon conviction thereof, shall be fined in any sum not more than $200.00 for each offense. Each day that any violation of this ordinance continues shall be deemed to constitute a separate and distinct offense. SECTION SIXTEEN. Repeal of Inconsistent Ordinances and Provisions. This ordinance shall be and it is hereby declared to be cumulative of all other ordinances of the City of Kennedale except in so far as the provisions of this ordinance are inconsistent or in direct conflict with the provisions of any other ordinance, in which latter instance the conflicting provisions of other ordinances are hereby expressly repealed. SECTION SEVENTEEN, Saving Clause. Should any section, provision or part ,of this ordinance be declared unconstitutional and void by any Court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance, the City Council hereby declaring that each and every section, clause and portion of this ordinance is a separate and distinct part, which the Council would have passed if it had known that such other parts were to be dedlared unconstitutional at the time of passage hereof. SECTION EIGHTEEN. Effective Date. This ordinance shall become effective and be in full force and effect from and after the date of its adoption, and publication as provided by law. ADOPTED AND APPROVED this 9th day of FebruaTy, A.D. 1967. APPROVED: B. T. Webb, Mayor, City of Kennedale, Texas ATTEST: , Ne tie 0. Roberts, City Secretary (CITY SEAL)