ARTICLE II.
EMERGENCY WRECKERS.

Division 1. General Provisions.

SEC. 15D-10. STATEMENT OF POLICY.

   It is the policy of the city to provide for the protection of the public interest as it relates to the removal of wrecked, disabled, and illegally parked vehicles from public streets and other public property. To this end, this article provides for the regulation of emergency wrecker service, to be administered in a manner that protects the public health and safety and promotes the public convenience and necessity. (Ord. 24661)

SEC. 15D-11. POWERS AND DUTIES OF THE DIRECTOR.

   In addition to the powers and duties prescribed elsewhere in this article, the director is authorized to:

      (1)   administer and enforce all provisions of this article;

      (2)   keep records of all licenses and permits issued, suspended, or revoked under this article;

      (3)   keep records of all authorized emergency wreckers;

      (4)   by written order establish such rules and regulations, consistent with this article, as may be determined necessary to discharge the director’s duty under, or to effect the policy of, this article;

      (5)   adopt new emergency wrecker procedures for experimentation on a temporary basis, after reasonable notice to the licensees;

      (6)   conduct, when appropriate, periodic investigations of emergency wrecker companies throughout the city; and

      (7)   require periodic reports as necessary to evaluate each emergency wrecker company’s operations. (Ord. Nos. 13977; 14685; 15612; 16850; 24661)

SEC. 15D-12. POWERS AND DUTIES OF THE CHIEF OF POLICE.

   In addition to the powers and duties prescribed elsewhere in this article, the chief of police is authorized to:

      (1)   enforce all provisions of this article;

      (2)   by written order establish such rules and regulations, consistent with this article, as may be determined necessary to discharge the chief of police’s duty under, or to effect the policy of, this article;

      (3)   adopt new emergency wrecker procedures for experimentation on a temporary basis, after reasonable notice to the licensees;

      (4)   conduct, when appropriate, periodic investigations of emergency wrecker companies throughout the city; and

      (5)   keep records of service adequacy and responsiveness of licensees and provide these records to the director upon request. (Ord. Nos. 13977; 14685; 16850; 24661)

SEC. 15D-13. ESTABLISHMENT OF RULES AND REGULATIONS.

   (a)   Before adopting, amending, or abolishing a rule or regulation, the director or the chief of police shall hold a public hearing on the proposal.

   (b)   The director or the chief of police shall fix the time and place of the hearing and, in addition to notice required under the Public Information Act (Chapter 552, Texas Government Code), as amended, shall notify each licensee and such other persons as the director or chief of police determines are interested in the subject matter of the hearing.

   (c)   After the public hearing, the director or the chief of police shall notify the licensees and other interested persons of the action taken and shall post an order adopting, amending, or abolishing a rule or regulation on the official bulletin board in the city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. Nos. 24661; 27487)

SEC. 15D-14. EXCEPTIONS.

   (a)   This article does not apply to an emergency wrecker company providing emergency wrecker service within the city of Dallas on behalf of another city in the performance of the terms of a duly authorized interlocal agreement between the city of Dallas and the other city if:

      (1)   the emergency wrecker company holds a valid license from and is in good standing with the other city;

      (2)   the other city’s regulation of emergency wrecker companies and emergency wrecker service is as strict as or stricter than regulation by the city of Dallas;

      (3)   the emergency wrecker company would not be disqualified under Section 15D-22 from holding an emergency wrecker service license under this article;

      (4)   the emergency wrecker company complies with the vehicle and equipment specifications and the hours of operation required respectively by Sections 15D-58 and 15D-52;

      (5)   the emergency wrecker company complies with the insurance requirements of Section 15D-46; and

      (6)   the emergency wrecker company does not charge more for emergency wrecker service provided in the city of Dallas than is allowed under Section 15D-57.

   (b)   This article does not apply to:

      (1)   a governmental entity when dispatching an emergency wrecker company, pursuant to Section 545.305 of the Texas Transportation Code or other applicable state law, to perform a power, duty, or function that is within the authority and jurisdiction of the governmental entity; or

      (2)   an emergency wrecker company providing emergency wrecker service within the city of Dallas in response to a dispatch from a governmental entity as described in Paragraph (1) of this subsection.

   (c)   This article does not apply to Dallas County when dispatching an emergency wrecker company to an accident or other police scene, or to an emergency wrecker company providing emergency wrecker service within the city of Dallas in response to a dispatch from Dallas County, if:

      (1)   the emergency wrecker service is being provided pursuant to a duly authorized interlocal agreement between the city of Dallas and Dallas County;

      (2)   the emergency wrecker company is currently licensed under this article to perform emergency wrecker service within the city of Dallas;

      (3)   the emergency wrecker company complies with the vehicle and equipment specifications and the hours of operation required respectively by Sections 15D-58 and 15D-52;

      (4)   the emergency wrecker company complies with the insurance requirements of Section 15D-46; and

      (5)   the emergency wrecker company does not charge more for emergency wrecker service performed in the city of Dallas than is allowed under Section 15D-57. (Ord. Nos. 21311; 24661; 26992)