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O74-04CITY OF KENNEDALE ORDINANCE NO. 74-4 AN ORDINANCE REGULATING THE OPERATION OF WRECKERS FOR THE TOWING AND REMOVAL OF VEHICLES WITHIN THE CORPORATE LIMITS OF THE CITY OF KENNEDALE, TEXAS; REQUIRING A LICENSE THEREFOR AND RULES FOR THE SUSPENSION OR REVOCATION OF SAME; PRESCRIBING RULES FOR WRECKERS SUMMONED BY CITY POLICY; RE- QUIRING LIABILITY INSURANCE FOR THE OPERATION OF ANY WRECKER WITHIN THE CITY; PROVIDING THAT ANYONE CONVICTED OF VIOLATION OF THE ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND PRESCRIBING PENALTY THEREFOR BY FINE IN ANY SUM NOT TO EXCEED $200.00; PROVIDING THAT EACH DAY THE VIOLATION CONTINUES SHALL CONSTITUTE A DISTINCT AND SEPARATE OFFENSE; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; CONTAINING A SAVING CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 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 or 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 limited 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 wrecker company. Police pull - the designation of the occasion when the Police Department calls a wrecker company to remove a wrecked or disabled vehicle, or to remove a vehicle under other circumstances, but the owner is not present, able or permitted to drive or to make authorizations. Represented automobile 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, firm or corporation in the business of repairing vehicles which has authorized a licensed wrecker company 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. Rotation - the designation of the occasion when the owner of a wrecked or disabled vehicle fails to designate a specific repair place or wrecker operator to remove his vehicle and has authorized the Police Department to call a wrecker from 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 damaged 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 primarily for removing wrecked or disabled vehicles upon any street. Wrecker business - the business of removing wrecked or disabled vehicles on the streets from 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 wrecker companies as hereinafter provided. SECTION TWO. Accidents Covered. The prohibitions and requirements 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 immediately after the accident, and shall be construed to include those accidents in which a vehicle, immediately before becoming wrecked or disabled, was either driven off a street intentionally, because of some real or imagined emergency, or maliciously, negligently or suicidally, or was driven off a street unintentionally or left the street driverless. SECTION THREE. Emergencies Excepted. The prohibitions and requirements of this ordinance shall not apply to any person who necessarily must act immediate- ly to prevent death or bodily injury to any person involved in an accident. SECTION FOUR. Exceptions on Pushing or Towing Vehicles. Vehicles may be pushed or towed by another vehicle only when they do not reasonably require removal by a wrecker and only when such may be done in a safe manner, and such removal is excluded from all coverage of this ordinance except the section concerning solicitation hereinafter set forth. SECTION FIVE. License or Permit 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 -2- owner of such wrecker company. No such license shall be transferable and every such license shall expire at midnight on the 31st day of December of the calendar year in which issued. (b) Any wrecker company desiring to engage in the wrecker business in the City of Kennedale, or any vehicle repair business or automobile club desiring to have a licensed wrecker company 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 company, the number and types of wreckers to be operated, the true owner of the company concerned, a certification that each wrecker to be operated 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 company 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 company shall indicate in writing its acceptance of such authority, either on the same or a separate letter written by the wrecker company and directed to the Chief of Police. Upon satisfaction that these requirements have been met, 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 when filed shall be sworn to by the applicant and accompanied by an annual fee of $25.00. No fee payment shall be refundable whether or not the application is granted, and the full annual fee shall be required for any portion of a calendar year. (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, however, no license authorizing the operation of a wrecker business or the opera- tion of a wrecker on the streets of the City of Kennedale shall be issued unless and until each of the following requirements is met: (1) Each wrecker proposed for operation shall be not less than 2 ton in size, and shall be equipped with a power or hand operated winch, winch line and boom, with a factory rated lift- ing capacity (or a city tested capacity) of not less than 5,000 pounds, single line capacity. (2) Each wrecker shall carry as standard equipment a tow bar, safety chains, a fire extinguisher, wrecking bar, broom, 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 file and maintain with the Chief of Police a certificate of insurance from a reputable company acceptable to the City Council showing that -3- the applicant has in force at all times liability and property damage insurance covering each ve- hicle described in his application and operated in the City of Kennedale with policy limits pro- viding for compensation for bodily injury of not less than $50,000.00 per person and $100,000.00 per accident, and $10,000.00 for property damage per accident. (g) After an administrative hearing, the Chief of Police may revoke the license of any licensee upon a showing that the license was procured by fraudulent conduct or false statement of a material 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 busi- ness or automobile club upon proof that the permit was pro- cured by fraudulent conduct or false statement or concealment of any material fact at the time of making an application; or that such repair business or automobile club has solicited any business in violation of the provisions of this ordinance. (i) Any such revocation of a license or a permit shall terminate 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 from the date of revocation, which notice of appeal shall be in writing and delivered to the City Secretary, and a copy there- of 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 firm 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 not desire to 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. -4- (b) When a police officer investigating an accident or occurrence determines 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 summon 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 sum- mons under succeeding provisions of this ordinance. Such auto- mobile 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 automobile, said automobile shall be taken to the place designated by the Chief of Police for the storage of automobiles until claimed by the owner. (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 of- fice 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 Lists, Procedure And Qualifications. (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 for Owner's Request. 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 twenty-four hours a day; (4) Indicated availability of an attendant twenty- four hours a 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: 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, with such time to begin when the dolly leaves the place of business and to end when it is placed in position under the vehicle; $10.00 an hour for re- moval 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 traveled portion of the street; $10.00 an hour for removal of a vehicle that is in some unusual condition, even though within the street right-of-way, which necessitates extraordinary work in effecting its removal; $1.60 per day of 24 hours or less for storage of an automobile, commencing when the auto- mobile is placed in storage. Hourly charges may be in addition to the towing charge, as may the storage charge, provided that hourly charges other than stor- age shall be computed to the next quarter hour re- quired in performing the work. -5- (b) The Chief of Police shall compile a second master list, in alphabetical order, of all wrecker companies meet- ing each of the qualifications listed in the preceding Subparagraph (a) of Section Seven, and meeting the further qualification that said wrecker company maintains a fixed place of business situated within the corporate limits of the City of Kennedale, Texas, which list shall be known as the Wrecker Rotation List for Police Pulls. (c) When it becomes the duty of an investigating police officer to summon a wrecker upon request or permission by the owner of a disabled vehicle that the rotation list be used, then the investigating officer shall call the name appearing on the Wrecker Rotation List for Owner's Request who is next entitled to receive a call, and such listed wrecker companies shall be entitled to receive calls in consecutive rotation, beginning at the top and going to the bottom of the list. (d) When it becomes the duty of an investigating officer to summon a wrecker because the owner is unable, by reason of physical condition or absence or arrest, to give permis- sion, or if the owner refuses to designate or give permission to remove a vehicle, and said vehicle needs to be removed be- cause disabled or left in violation of law upon public prop- erty, 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, or on any other occas- ion constituting a 'police pull' as heretofore defined in this Ordinance, then the investigating officer shall call the name appearing on the Wrecker Rotation List for Police Pulls who is next entitled to receive a call, and such listed wrecker companies shall be entitled to receive calls in consecutive rotation, beginning at the top and going to the bottom of the list. (e) The investigating officer shall determine by call to Police Headquarters which wrecker company is next in rotation on either of the rotation lists hereinabove men- tioned. A wrecker company maintaining a place of business within the corporate limits of the City of Kennedale may appear .on both lists, if it meets the necessary qualifica- tions above set forth, and the summoning of a wrecker company under one list shall not affect its right to be summoned on the other list, according to the foregoing rules. If the wrecker company first called on either list is not available for any reason, then the call shall be placed to the next consecutive listed wrecker company on the proper rotation list, and when the lists, respectively, are completed, calls will again start in rotation from the top of the respective lists. 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 hav- ing 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 -6- required to observe and maintain the same standards of equip- ment 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 insofar 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 month, such list to contain a description of each vehicle bymake, model and li- cense number, the owner's name, the time and date of receiving the vehicle, and the time and date such vehicle was removed from 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 orhis authorized representative or by the Police De- partment. Provided further that each such wrecker operator, when called by the owner of a disabled vehicle, shall notify the Police Dispatcher before proceeding to the site of the disabled vehicle. SECTION TWELVE. 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 recommend 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 toinfluence 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 -7- 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 companies without distinction. SECTION FIFTEEN. Violations. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a mis- 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 supersedes and amends Kennedale Ordin- ance No. 67-4, as previously amended by Kennedale Ordinance No. 68-8, and said two former ordinances are hereby expressly repealed to the extent of any conflict with the provisions of this ordinance. This ordinance, however, is intended to be cumulative of prior provisions of the City of Kennedale regulat- ing wreckers, and it shall repeal previous provisions that are in conflict herewith. 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 declared 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 / 2i day of September,, 1974. APPROVED: ATTEST: . 7/ + es a or o t e City Y of Kennedale, Texas E y p1 eton, City ecretary Eve n em (CITY SEAL) -8-