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O50i ~E ~~~~~~ ~FF1~~~~. F~~~ C~~~ ORDINANCE NO. 5 0 WRECKER ORDINANCE AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER AND TOWING COMPANIES OPERATING IN THE CITY OF KENNEDALE; REQUIRING A LICENSE TO CONDUCT WRECKER SERVICES WITHIN THE CITY; PROVIDING FOR THE ISSUANCE, SUSPENSION AND REVOCATION OF LICENSES; PROVIDING REQUIREMENTS FOR WRECKER VEHICLES AND STORAGE FACILITIES; PROVIDING OPERATING PROCEDURES FOR WRECKERS; PROHIBITING SOLICITATION OF WRECKER BUSINESS; AUTHORIZING THE CONTRACTING BY THE CITY OF A SINGLE WRECKER SERVICE COMPANY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality located in Tarrant County, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the City Council of the City of Kennedale, Texas deems it necessary and proper and in the best interests of the health, safety, morals and general welfare of its citizenry to adopt an ordinance regulating wrecker and towing services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION I. PURPOSE The purpose of this ordinance is to provide a safe and efficient vehicle wrecker and towing service within the City of Kennedale for the benefit of the public and as needed and required by the Kennedale Police Department. f:Afiles\muniAken\ordinane~wrecker2.fin (06-09-44) ~ y SECTION II. DEFINITIONS In this ordinance the following words shall have the meanings ascribed to them below: Accident means any occurrence that renders a vehicle wrecked or disabled. City means the City of Kennedale, Texas. Disabled Vehicle means a motor vehicle that has been rendered unsafe to be driven as the result of some occurrence, including, but not limited to mechanical failure or breakdown, fire or vandalism, or a motor vehicle that is in a safe driving condition but who's owner or operator is not present, able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker. Motor Vehicle means every vehicle which is self propelled. Non-consent Tow means the towing of a vehicle without the prearranged knowledge and consent of the owner or operator of said vehicle. Examples include, but are not limited to, vehicles towed when the driver is incapacitated following an accident, vehicles towed when the driver has been arrested, vehicles removed from public or private property without pre-notification to the vehicle owner, repossessions and seizures. Non-resident Wrecker or Tow Truck Operator means a wrecker or tow truck operator registered with the State of Texas who does not maintain a place of business within the corporate limits of the City of Kennedale. Person means an individual, firm, partnership, association, corporation, company or organization of any kind. Police Chief means the police chief of city or his designee. Vehicle means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human power or used exclusively upon stationary rails or tracks. Wrecked Vehicle means a discarded, abandoned, junked, wrecked or worn out motor vehicle that is not in a condition to be lawfully operated on a public road. Wrecker means a vehicle designed to be used primarily for removing wrecked or disabled vehicles. Wrecker or Tow Truck Operator means a person engaged in the business of using a wrecker to tow, winch or otherwise move a motor vehicle. f:~files~muni\ken~ordinanc\wreckcr2.fin (06-09-94) 2 SECTION III. LICENSE REQUIRED A. Requirements. 1. Every person desiring to provide a wrecker or towing service within the City shall first obtain a license from the City Secretary as outlined in Section IV. It shall be unlawful to engage in a wrecker or towing business within the City without first obtaining a license, regardless of whether the business is located inside or outside the City, except as provided by this ordinance. 2. A person who charges a fee for towing wrecked or disabled vehicles, whether by the use of a wrecker or by the use of any other vehicle utilizing ropes, chains or other mechanisms, shall be considered to be engaging in a wrecker or towing business. This shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towing or transportation of wrecked or disabled vehicles. B. Exceptions. No license shall be required for the following activities: 1. The transportation of a vehicle by anon-resident wrecker operator from some point outside the City to some destination within the City. 2. The transportation of a vehicle by anon-resident wrecker operator from some point outside the City and traversing the City to some other destination outside of the City. 3. The transportation of a vehicle by anon-resident wrecker operator at the request of the owner or operator of a vehicle which is located within the City. SECTION IV. APPLICATION FOR LICENSE; REQUIREMENTS All applicants for a wrecker license must file a written application with the Police Chief. The application shall be verified by the applicant and shall be on a form furnished by the Police Chief and shall contain the following minimum information: f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) 3 r ~ 1. The business or trade name, address and telephone number of the wrecker company. 2. The name, address and telephone number of the owner of the wrecker business. If the applicant is a corporation, the following information shall also be included: its name, the date and place of incorporation, the address of its principal place of business, the names and residences of all its officers and directors, the names and residences of all its stockholders owning ten percent or more of the total issued capital stock and the amount of stock owned by each of them, the total amount and nature of its authorized capital stock, a certified copy of its charter and by-laws, and a certified copy of its authorization to do business in the State of Texas. If the applicant is a partnership, the following information shall also be included: its name, the type of partnership, the names and residences of all its partners owning ten percent or more of the ownership interest in the partnership and their percentage of ownership. 3. The name, driver's license number, address and telephone numbers of the persons who will operate the applicant's wrecker vehicles in the City and who will have access to the applicant's storage area. 4. The normal hours of operation of the wrecker business. 5. The location and a description of the applicant's storage facility where all disabled and wrecked vehicles will be stored, including the number of spaces available for the storage of towed vehicles, whether the spaces are enclosed or open, the type of security for the protection of the vehicles and the normal hours of operation of the storage facility. 6. The number of wreckers which will be permitted. 7. The design and color scheme of each wrecker to be used and the lettering and logos to be used thereon. 8. The year, make, model, vehicle identification number, license plate number, railroad commission number and load capacity of each wrecker to be licensed. 9. A full and complete statement of the experience, if any, the applicant has had in rendering wrecker service in the City or elsewhere. 10. A list of any unpaid judgments of record against the applicant, which lists shall include the name and address of each owner of a judgment and the amount of such judgment. If the applicant is a partnership, a list shall be furnished for each partner, general or limited, owning f:\files\muni\ken\ordinane\wreckcr2.fin (06-09-94) 4 a ten percent or more interest in the partnership. If the applicant is a corporation, a list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten percent or more of the total issued capital stock. 11. A list of any convictions of the applicant for violations of any federal state and municipal laws other than traffic statutes. If the applicant is a partnership, a list shall be furnished for each individual partner, general or limited, owning ten percent or more interest in the partnership. If the applicant is a corporation, a list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten percent or more of the total issued capital stock. 12. A list of any liens, mortgages or other encumbrances on the wreckers owned by the applicant for which permits are requested. Such list shall include the amount secured by each lien and mortgage or other incumbrance, the amount due, the character of such lien, or each other incumbrance, and the name and address of the holder of such lien, mortgage or other incumbrance. 13. A statement of the applicant's fees for towing and storage services, including, but not necessarily limited to the following: a. Charges for basic vehicle, truck and motorcycle tows; h. Charges for up-righting an overturned vehicle; c. Charges when the drive line must be disconnected far towing; d. Charges for changing of tires to accommodate towing; e. Charges for use of additional dolly wheels; f. Charges for any specialized equipment; g. Charges for the use of winch pulling; h. Charges for use of trailer or flat bed for hauling; and Daily storage fees. 14. An agreement by the applicant to comply with all of the terms and conditions of this ordinance and any regulations and requirements for wrecker and towing services which have been promulgated by the City and the state as well as any conditions or requirements set forth in the license. f:~files~muni~ken~ordinanc~wreckcr2.fin (d6-09-94) 5 15. A telephone number to be maintained twenty-four (24) hours a day, seven (7) days a week, including holidays for contact by the Police Department. 16. A statement that the applicant and its facilities is in compliance with all applicable federal, state and local laws and regulations and has obtained all necessary licenses, permits, certifications and approvals pursuant to such laws and regulations for the operation of its wrecker business, facilities and equipment. 17. Such other information as the Police Chief shall find reasonably necessary to effectuate the purposes of this ordinance and to arrive at a fair determination of whether the requirements of this ordinance have been complied with. SECTION V. LICENSE ISSUANCE; FEES; PRORATION A. The Police Chief shall review all applications to determine compliance with the provisions of this ordinance and all regulations and requirements for wrecker and towing services which have been promulgated by the City and the state. After receiving approval from the Police Chief, the applicant shall hand-carry the completed application forms to the City Secretary along with necessary fees to obtain the required license. Licenses shall expire on December 31st in the year in which they are issued. The license shall not be transferable. B. The annual fee for a wrecker license shall be established by the City Council by resolution. The license fee shall be prorated on a monthly basis for all licenses issued for any period less than twelve months. Such fee shall be refunded to the applicant in the event the license is refused; however, no license fees shall he refunded if the license is suspended or revoked under the provisions of this ordinance. SECTION VI. VEHICLE REQUIREMENTS; PERMITS A. A licensed wrecker business must obtain a permit for each wrecker which is to be operated by the wrecker business. No permit shall be issued until the wrecker has been inspected by the police department to determine compliance with the following minimum requirements: f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) 6 1. Each wrecker shall not be less than 3/4 ton in size. 2. Each wrecker shall be equipped with a power take-off winch line and boom with a factory rated capacity of not less than ten thousand (10,000) pounds single capacity. A factory plate or stamp indicating the pounds single capacity shall be affixed to the boom. 3. Each wrecker shall carry as standard equipment a tow bar, safety chains, a fire extinguisher, wrecking bar, broom, axe, shovel, either flares or traffic control reflectors, a wheel dolly and a container to carry debris. 4. Each wrecker shall have inscribed on each side in letters not less than three (3) inches in height the name, address and telephone number of the wrecker business. 5. Each wrecker shall be equipped with an overhead Clashing emergency light which shall be rotating and visible at a distance of fifteen hundred (1,500) feet in all directions. 6. Each wrecker shall be equipped with two-way radio equipment that is capable of providing two-way voice communication with the licensees base station at all times. B. A person commits an offense if he operates a wrecker or uses any equipment within the City that is not in compliance with all of the requirements of this ordinance. SECTION VII. STORAGE FACILITIES Any storage facility used by a licensed wrecker company shall be enclosed by a permanent fence with a minimum height of six (6) feet. The gate to the storage facility shall remain locked at all times except when ingressing or egressing. SECTION VIII. RECORD KEEPING; INSPECTION A. All licensed wrecker businesses shall maintain books and records reflecting their operation in accordance with generally accepted accounting principals as may be necessary for verification of the licensee's compliance with the f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) 7 terms of this ordinance. The licensee agrees to make such records available at reasonable times to any member of the Police Department upon request. B. Members of the Police Department may inspect each wrecker and/or storage facility used by the licensee at reasonable times during the application or license period to insure compliance with the requirements of this ordinance. SECTION IX. LICENSE DENIAL; SUSPENSION; OR REVOCATION A. The Police Chief may refuse to approve the issuance or renewal of a wrecker license or may suspend or revoke a wrecker license previously issued for one or more of the following reasons: 1. The making by the applicant of any false statement or omission of information as to a material matter in an application for a license or license renewal or in a hearing concerning the license. 2. Conviction of the applicant, licensee or an employee of the applicant or licensee for a violation of a provision of this ordinance. 3. Revocation pursuant to this section of a license issued to the applicant or any owner, partner or corporate officer of the applicant within three (3) years preceding the application. 4. Conviction of the applicant or licensee of a felony theft, DWI or other offense involving moral turpitude within five (5) years preceding the application. 5. Suspension of a license on three occasions within the preceding twelve (12) months, more than three (3) days on each occasion. 6. Habitual failure to respond to the scene of an accident within twenty- five (25) minutes notification. 7. Failure to comply with any of the requirements of this ordinance. B. No license shall be suspended or revoked without notice to the licensee and an opportunity for a hearing. A licensee who receives notice of a proposed suspension or revocation may file a written request for a hearing with the Police Chief within ten (]0) days from the date of the notice. The Police Chief shall conduct a hearing and shall thereafter determine whether to suspend or revoke the license. f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) g C. Any person who's application for a wrecker license has been denied, suspended or revoked by the Police Chief shall have the right to appeal such denial, suspension or revocation to the City Administrator within ten (10) calendar days after notification of such denial, suspension or revocation. The City Administrator shall review the matter and may uphold, modify or reverse the denial, suspension or revocation of the wrecker license. The decision of the City Administrator shall be final. SECTION X. INSURANCE A. No license shall be issued by the City unless the wrecker operator shall procure and keep in full force and effect automobile liability insurance and garage keepers liability insurance or truck cargo insurance written by an insurance company authorized to do business in the State of Texas and acceptable to the City and issued in the standard form approved by the State Board of Insurance. Such policies of insurance shall require at least twenty (20) days written notice to the City of any cancellation or termination or of any material change in the terms of the insurance coverage. The insurance policies shall contain appropriate provisions to cover all wreckers and wrecker operators conducting business under the license. B. The automobile liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one hundred thousand dollars ($100,000.00) for any person killed or injured, five hundred thousand dollars ($500,000.00) for more than one person killed or injured in any one accident, and one hundred thousand dollars ($100,000.00) for property damage and theft coverage on all vehicles removed or impounded. The automobile liability insurance must also meet the minimum requirements under the laws of the State of Texas. C. The garage keepers liability insurance or tow truck cargo insurance, whichever is maintained, must provide limits of liability for any one loss of not less than fifty thousand dollars ($50,000.00). SECTION XI. VEHICLE REMOVAL A. No person may drive a wrecker to the scene of an accident on the streets of the City unless the person has been called to the scene by the Police Department or by the owner or operator of the vehicle. f:Afiles\muni\ken\ordinaneAwrecker2.fin (06-09-94) 9 B. No vehicle, whether or not the vehicle is wrecked or disabled, for which the owner or operator of the vehicle has not given their consent to tow shall be removed by a wrecker company from its location in the City to another location without first notifying the Police Department of such intended removal and the destination of the vehicle. C. Any police officer, in the exercise of his discretion, may direct that any vehicle shall be taken by the driver of the wrecker directly to the City pound and there held by the City for inspection or investigation to determine the cause or reason for the accident that such vehicle was involved in or such vehicle's disability or for any lawful purpose. SECTION XII. REQUIREMENTS AND OPERATING PROCEDURES FOR WRECKER SERVICE The wrecker licensee and operator shall comply with the following requirements and procedures: A. Arrive at the accident within a reasonable time after having been notified to do so. Such response time shall generally not exceed twenty-five (25) minutes. B. Deliver the wrecked or disabled vehicle to a location designated by the owner or operator of the vehicle or by the Police Department. C. Upon arrival at the scene of an accident, promptly clear the wreckage and debris from the traveled portion of the roadway and confine it to the smallest possible portion of the traveled roadway while removal is taking place and in a manner to minimize the duration of the interference with normal traffic flow and completely remove from the site of the accident all resulting wreckage or debris, including all broken glass, but excluding truck or vehicle cargos, before leaving the site. D. To the extent feasible, comply with all traffic regulations in removing any vehicle from the scene of an accident. Under no circumstances shall any vehicle be towed in such a manner as to jeopardize the safety of other vehicles passing the scene of the accident. E. Keep and maintain wrecker vehicles and towing equipment in a reasonably workmanlike manner to insure that said wrecker and equipment is adequate to perform towing services. f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) l~ SECTION XIII. SOLICITATION OF WRECKER BUSINESS A. No person may solicit in any manner, directly or indirectly, on the streets of the City, the business of towing a vehicle which is wrecked or disabled regardless of whether the solicitation is for the purpose of soliciting business of towing, removing, repairing, storing, trading or purchasing the vehicle. B. Proof of the presence of a person engaged in the wrecker business, either as owner, operator, employee or agent, on a street in the City, at or near the scene of an accident, who has not been called to the scene by the Police Department or the owner or operator of the vehicle, within one hour after the happening of an accident is prima facia evidence of a solicitation in violation of this section. C. No police officer or other employee of the City shall recommend to any person, directly or indirectly, the name of any particular person engaged in wrecker business for which solicitation is prohibited, nor shall any police officer or other City employee attempt to influence in any manner a decision of a person in selecting a wrecker operator. SECTION XIV. WRECKER SERVICE AGREEMENT A. The City shall have the right to contract with a single wrecker service company who the City shall utilize for the towing of City vehicles or for the towing or impoundment of any vehicle made necessary in the exercise of the City's police and governmental functions. B. The City may call any wrecker company or use any wrecker in cases where the contractor is unable to respond as required by the agreement, when there exists an emergency situation or when deemed necessary by the Police Chief or his authorized representative. In all cases, a report will be forwarded to the Police Chief describing the circumstances involving such use. SECTION XV. MISCELLANEOUS PROVISIONS A. Licensees shall notify the Police Department of any and all personnel changes for those persons who will operate the wrecker vehicles within ten (10) calendar days of such personnel changes and additional drivers must first be f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) 11 approved by the Police Chief prior to operating any wrecker vehicle within the City limits. B. No wrecker company shall charge more than those rates stated in the application for a wrecker license. C. The licensee shall notify the Police Department of any change in ownership of the wrecker company or any change in the number of wreckers, location of a storage facility, or any other material change in the information provided on the application for a license within ten (10) calendar days of such change. SECTION XVI. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances and Code of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and Code, in which event the conflicting provisions of such ordinances are hereby repealed. Section 22-4 of the Kennedale City Code and Ordinance Nos. 67-4, 68-8, 74-4 and 86-4 are hereby repealed in their entirety. SECTION XVII. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional. phrase, clause, sentence, paragraph or section. f:Afiles\muni\kenAordinancAwrecker2.fin (06-09-94) 12 SECTION XVIII. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION XIX. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code or any other ordinances affecting wrecker service and the towing of vehicles which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION XX. PUBLICATION The City Secretary of the City of Kennedale is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days, or one issue of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local Government Code. f:\files\muni\ken\ordinanc\wrecker2.fin (06-09-94) 1i3 SECTION XXI. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 14 /DAY OF~~~~`April , 1994. MAYOR ATTEST: CITY SECRETAR APPROVED AS TO FORM AND LEGALITY: City Attorney Date: t~ 'a ~ - 1 ADOPTED: April 14 , 1994 EFFECTIVE: July 11, 1994 f:Afiles~muni\kenAordinancAwrecker2.fin (06-09-94) I4