6-6-5: STATE INSPECTION REQUIRED; INSPECTION CERTIFICATE NONTRANSFERABLE:

   A.   Each application for placement upon the wrecker rotation list shall state that each wrecker of the company has been inspected and approved under the direction of the Texas department of public safety, and a current inspection sticker shall be affixed securely to the inside of the windshield of the wrecker vehicle. No person shall operate a wrecker on the wrecker rotation list of the city unless a permit to engage in such activity has been issued to such wrecker on rotation with the Alamo police department. No permit or safety and insurance compliance inspection certificate shall be transferable, and every permit and safety and insurance compliance inspection certificate shall expire at twelve o'clock (12:00) midnight on December 31 of the calendar year in which issued. Each permit and safety and insurance compliance inspection certificate will be void immediately upon expiration and/or cancellation at which time any such wrecker shall no longer be used on rotation with the Alamo police department, and the wrecker company shall return the permit and safety and insurance compliance inspection certificate to the city police department upon request. (Ord. 01-02-11, 2-15-2011)

6-6-6: SUSPENSION AND/OR REVOCATION OF PERMIT:

For those wrecker companies engaged in providing services on the city's voluntary rotation list, the companies may have their permits suspended and/or revoked under the following conditions:

   A.   A wrecker company may have its permit suspended:

      1.   For seven (7) days for any violation of this chapter.

      2.   For twenty (20) days for a second or subsequent violation of this chapter.

   B.   A wrecker company may have its permit revoked:

      1.   For a third or subsequent violation of this chapter.

      2.   If it causes or permits the operation of a city certified wrecker either owned or contracted for, by an unlicensed driver on the public roadways.

      3.   If it causes or permits the operation of a wrecker (either owned or contracted for) not certified by the city, on the public roadways.

      4.   If it fails to maintain in force the insurance required for the operation of a wrecker company, vehicle storage facility or its wreckers as required by the laws of Texas.

      5.   If it operates the wrecker company in any way which endangers the life or safety of any person in any of the following ways:

         a.   The grossly negligent operation of a wrecker used by the wrecker company.

         b.   Criminal assault committed by the permit holder, his agents, or employees during the normal course of business. The chief of police shall not revoke the permit if the permit holder permanently terminates the employment of such employee immediately upon it becoming known to him that such conduct did take place.

         c.   If it submits false information on the application to be placed on the wrecker rotation list with the Alamo police department.

         d.   If it is convicted of a violation under this chapter.

         e.   If it is convicted of fraud or theft, as defined in the Texas Penal Code, in the conduct or operation of the permit holder's wrecker company. (Ord. 01-02-11, 2-15-2011)

6-6-7: SUSPENSION OR REVOCATION OF PERMIT HEARING:

   A.   Upon complaint against a wrecker company or any agent or employee thereof filed by any person with the chief of police or designated person, upon his own motion charging violation of any of the terms of this chapter or any ordinance of the city or laws of the state regulating motor vehicles or crimes of moral turpitude or for good cause shown, the chief of police or designated person after giving five (5) days' notice of such complaint to such wrecker company, may hear evidence with reference to such complaint and after such hearing the chief of police may revoke or suspend the authorization of the wrecker service company to continue providing service on the city's voluntary wrecker rotation list.

   B.   After the chief of police has reviewed the findings of the complaint for suspension or revocation of the permit of any wrecker company, he shall make a determination and declare such findings along with the terms, if any, of the suspension of a temporary or permanent nature. The decision of the chief of police shall be reduced to writing.

   C.   The decision of the chief of police under this section may be appealed to the city manager, provided that notice of appeal be perfected within ten (10) calendar days of the chief of police's decision. Notice of appeal is perfected by sending a certified letter, return receipt requested, addressed to the city manager of the city of Alamo, stating that an appeal from the decision of the chief of police is desired. The city manager shall hold a hearing on the matter within a reasonable time after receipt of such return and shall issue a decision thereon within a reasonable time after such hearing.

   D.   The provisions of Enforcement Suspension or Revocation of Permit Hearing for a wrecker permitted under the Conditional Use Permit process shall defer such enforcement to the ordained CUP processes wherein the Police Chief's assessment may be fully considered and acted upon. (Ord. 01-02-11, 2-15-2011; amd. Ord. 03-01-21, - -2021)

6-6-8: WRECKERS TO BE SUMMONED BY POLICE OR FIRE DEPARTMENT:

   A.   No person shall drive a wrecker to or near the scene or site of an accident or collision on the streets of the city unless such person has been called by the police or fire department or by the owner or operator of a vehicle involved in said collision; provided, that when it is necessary to prevent death or bodily injury to any person involved in an accident or collision, the prohibition in this section may be waived. The owner or operator of a wrecker shall not use or act upon any information received on a radio frequency of the police or fire department of the city for his own benefit or the benefit of any other person in connection with the operation of a wrecker business unless such owner or operator was called or summoned by the police or fire department. If any wrecker appears at the scene of an accident or collision, the owner or operator of which was not specifically called pursuant to this section, it shall be conclusively presumed that such owner or operator unlawfully intercepted and acted on the information transmitted by the police or fire department on its radio frequency.

   B.   Wreckers summoned by the police department are subject to cancellation. If canceled, the wrecker company will be placed back on the rotation list for another call. Wreckers summoned to calls where the police have not arrived, will not hook up the vehicle until the police arrive. Fees for nonhookups will not be charged. (Ord. 01-02-11, 2-15-2011)

6-6-9: SOLICITING WRECKER BUSINESS AT SCENE OF ACCIDENT PROHIBITED; PRESENCE AT SCENE AS EVIDENCE OF VIOLATION:

No person shall solicit in any manner, directly or indirectly on the streets of the city, the business of towing any vehicle which is wrecked or disabled on a street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing such 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 as owner, operator, employee or agent, on any public street of the city at or near the scene or site of a wreck, accident or collision, within one hour after the happening of a wreck, accident or collision, shall be prima facie evidence of a solicitation in violation of this section. (Ord. 01-02-11, 2-15-2011)