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HomeMy WebLinkAboutORD 1153 - ORD Defining Wrecker, Requiring A Permit ~~L_~----<--___ ,I 1 InLL'II!lrjr'LJI','n,1 JlF LL' __,nr--, - '''- ------r!T~ ....-, .~,~,...: A_~ ~~ ~ ,~, ~": .. 1~ ., 000122 OROfNANCE 'NUMBER 1153 AN ORDINANCE DEFINING WRECKER;-REQUIRING A PERMIT TO 'OPERATE A WRECKER; PROVIDING THE REQUIREMENTS FOR AN APPLICATION TO OPERATE A WRE€KER; SETTING THE ANNUAL FEE FOR A WRECKER PER- MIT~'PROVIDLNG FOR THE ISSUANCE OF A PERMIT; PROVIDING FOR THE DISPLAY OF SIGNS TO INDICATE ISSUANCE; PROVIDING FOR THE 'EXP I RAT ION ON THE' 15TH DAY OF FEBRUARY OF EACH YEAR; PROV I 0- 'LNG THAT A ,PERM IT IS PERSONAL TO THE OWNER; P'ROV I DING THE CITY MANAGER, DIRECTOR OF FINANCE AND -CHIEF OF POLICE MAY PRESCRIBE RULES AND REGULATIONS; PROVIDING FOR REQUIRED EQUIPMENT UPON WRECKERS; REQUIRING WRECKER DRIVERS TO OBEY POLICE OFFICERS I NVESTI GATI NG ACC I DENT AND PROH I BIT I NG INTERFERENCE; REQU I R- ING WRECKER DRLVERS TO 'REMOVE DEBRIS'AND GLASS FROM THE STREET; PROVIDING FOR PERMIT HOLDERS LIABILITY; PROVIDING PENALTY FOR VIOLATION HEREOF, OF 'NOT LESS THAN $25~00 NOR MORE THAN $200.00 FOR EACH DAY'S VIOLATroN; -AND PROVIDING AN EFFECTIVE DATE. r-1 '-.J BE IT ORDAIN~D BY-THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. For the purpose of this ordinance the term "wrecker" shall mean any automobile; 'truck, or other motor vehicle used for the purpose of two- ing, carrying, pushing or otherwise transporting any motor vehicle. Section 2. It shall be unlawful for any person to drive or operate or cause to be driven or operated any wrecker upon any public street in the I I City of West University Place, Texas, for the purpose of towning or hauling wrecked or disabled vehicles, either for hire or as an incident to obtaining ~ the business of storing, wrecking or repairing such wrecked or disabled vehi- cles or for any other purpose, without having first obtained a wrecker permit from the city duly issued to such person to operate a wrecker on the streets of the city. Section 3. Any owner desiring to operate a wrecker in the City of West University Place shall apply in writing for a permit to the Director of Finance and shall state the following on his application: a) The name and address of the owner. If an individual, the appli- cation shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. b) The number of wreckers the applicant desires to operate, listing the make, model, motor number and correct state license number of each wrecker. c) The true ownership of each wrecker. If not owned outright by the owner, the name and address of the true owner shall be given. J If the wrecker is operated under the terms of a contract with 'I. . some other company than the owner, a copy of the contract shall also be attached. ~' "I '!!" '1Ij o n 000123 d) 'f: 4;i1. ,t "'~~^ ~: the provisions of this ordinance ana~6~'J~~~; statutes applicable to motor v~hicles failure to. so obey such laws, that his suspended. That the owner will obey all other ordinances and and agrees that upon his permit may be revoked or e) An application under this section shall be signed by the owner. If a partnership, it'shall be signed by a member" of the firm. If a corporation, it shall be signed by the president and attested by the secr'etary and the' corporate sea 1 aff i xed. I n a 11 cases, the person signing shall execute an affidavit on the application form, that the statements contained in such affidavit are true and correct. 'Section 4. The fee for a wrecker permit shall be $25.00 per year for each wr~cker proposed to be operated by the appli~ant. If a permit is granted subsequent to the 15th day of February in any permit year, the fee shall be paid pro rata for the balance of the year, ahd any portion ofa month shall be considered as an entire month in calculating the fee to be charged. By "month" is meant a permit month, that is from the 15th day of one month to the 15th day of the next month. This fee shall not be refundabl~ in any case. Section 5. After the owner has filed his wrecker permit application and any proof of financial responstbility and insurance poltcies required by the regulations promulgated by the Director of Finance and the Chief of Police, and if the same are found to be in compliance thereto, the Director of Finance shall be authorized to issue to the owner a permit to operate a wrecker in the City of West University Place, Texas, upon payment of the permit fee. Section 6. The Director of Finance or the Chief of Police is em- powered to prescribe regulations for the displaying of signs on wreckers show- ing that a permit has been issued as provided for in this ordinance. Section 7. All permits issued under this ordinance, shall expire on the 15th day of February next following the date of issuance, and shall then be renewable until the next succeeding 15th day of February. Section 8. A wrecker permit issued under this ordinance shall be a personal permit to the owner and shall not entitle any other person to operate such wrecker. Section 9. The City Manager, Director of Finance and Chief of Police are authorized to make such rules and regulations as they deem appropriate for the operation of wreckers on the streets of the City of West University Place, and for the storage of any motor vehicle transported by a wrecker to a storage fac i I i ty. Section 10. Small license plates or medallions shall be issued by the Director of Finance at the time a permit is issued under this ordinance, which shall be attached to the wrecker. The Director of Finance is hereby em- powered to prescribe regulations for the displaying of sighs and location of such medallions on wreckers showing that a permit for the same has been issued under this ordinance. ' Section 11. All wreckers shall be provided with the following mInI- mum equipment, which equipment shall be adequate for the purpose(s) for which it is designed and shall f~rther be kept in usable condition at all times: r~... " 11.1 I...'." '1'1' 'l111U,=.r- I ,I ~~'o;~t Ut)ll OOv121 ..J .IEIL'lIJ" !r 1..'.1'... ..1 JlJT'T..,..-r---..,..-----.----~ -.....II=' . . l' .-,--.-.-- r'-'- 1-1 Y'-'-r u o Section 12. All wrecker drivers arriving at the place where any acci- dent has occurred shall ob~y all lawful otdersgiven them by any police officer of the city investigating such accident and shall not in any manner interfere r-l with such police officer in the performance of his duty. ~ a) Frittion bumper jack, such frictlon bumper jack being defined as that piece of equipment commonly used in the wrecker business to disengage vehicles lock~d together as a result of an accident or collision by the application of force. b) One fire extinguisher that is properly filled and located so that it is readily accessible for use. 'The fire extinguisher must be 'securely mounted on the vehicle. It must be designed, construc- ted, and m~intained so as to permit visual determination of whether it is fully charged. ' c) Three (3) flares or three (3) red electric lanterns or three (3) portable red emergency reflectors, each of which shall be capable , of being seen and distinguished at a distance of not less than six-hundred (600') feet under normal atmospheric conditions at night time.' No flare, fuse, electric lantern or warning flag shall be used for the purpose of compliance with the requirements of this section unles~ such equipment has been approved by the Texas Department of Public Safety. d) Tow bars equipped with rubber covering which covering shall be one (1") inch in thickness and cover all of the bridle. The tow bar is a part of' the wrecker' and is used to hold a vehicle which has been elevated for towing in a rigid position, and to prevent swinging of such raised vehicl~ as it is being towed. When a vehicle is bei-ng towed the bar shall be' in place to prevent swing- 'ing. In the alternative, a pI iable non-sc'uffing sl ing may be used in lieu of the above described tow bars. e) Broom - Such broom being that piece of equipment commonly known as a "shop" or "push" broom with a head not less than twelve (1211) inches in width. f) Shovel, axe and First Aid Kit. g) Wench and Boom - Such winch being a power operated wench line and boo~ with a factory rated lifting capacity (or tested capacity) of not less thah 5;000 pounds, single line capacity and a boom not less than five (51) feet in length. Wench operat- ing controls must be operable from either side of the truck or from inside of the cab. , h) Size - No wrecker shall be permitted which is less than 3/4 ton in size. i) Safety Chains - Two (2) safety chains being not less than seven (7') feet in length and having a min'imum factory test strength of eight (8) thousand pounds. 000125 telUOU Section 13. It shall be the duty of the driver of each wrecker that picks up a wrecked or disabled vehicle for the purpose of towning the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the streets of debris, parts or glass. Section 14. The holder of any wrecker permit shall' be responsible and liable for any damages or losses inflicted to automobiles or other vehicles being lifted, hauled, transported or any other activity being performed by a wrecker which is the subject of the holder1s permit; provided, however, that this responsibility and liability shall extend only to damages caused by the negligence of the permit holder, his agent or by the improper maintenance of his equipment. Before any permit shall be issued under this ordinance, an af-. fidavit acknowledging this responsibility and liability sha-llbe executed by the person applying for a wrecker permit, which form shall be provided by the city~ ' Section 15. Any person violating any prOVISion of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than $25.00 nor more than $200.00. Each day such violation occurs shall constitute a separate offense. Section 16. This ordinance shall be in full force and effect immed- iately from and after its passage. PASSED AND APPROVED, this 14th day of April, 1980. 1'1, I!.. , f: I i Commissioners Voting Aye: 5 Commissioners V6ting No: 0 ~;w~ - Mayor ATTEST: ~~ City Secretary , , , _ ~L-....--...i.._111 ~ I:'" ',;[",.IJ"ilIlJJiI' '('