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(a) Basis for refusal to grant, suspension, revocation or denial of a license. The City Council may refuse to grant, suspend, revoke or deny renewal of a wrecker license for any one or more of the following reasons:
(1) If the application thereof, or holder thereof, attempts to obtain or obtains a wrecker license by fraud or misrepresentation; or
(2) If the applicant therefor, or holder thereof, shall violate any provision of this ordinance, or shall violate other ordinances of this City, or laws of the State of Michigan, the violations of which reflect unfavorably on the fitness of the applicant therefor, or holder thereof, to offer wrecker service; or
(3) If the applicant therefor, or the holder thereof, shall fail to provide capable, qualified, reasonable prompt or courteous wrecker service to the residents of and visitors to the City of Flint; or
(4) If the applicant therefor, or holder thereof, shall fail to take out and maintain in full force and effect during the period for which the license is issued, the policies of insurance as required in § 12-107.
(5) If the applicant therefor, or holder thereof, shall be or become financially irresponsible or shall at any time declare bankruptcy or be declared bankrupt.
(b) Procedure to grant, revoke, suspend or deny renewal of license.
(1) The City Clerk, upon receiving a written complaint of the Police Department or other reliable evidence that there is cause to refuse to grant an application, or to suspend, revoke or deny the renewal of a wrecker license, shall not grant any application or renewal but shall notify the applicant therefor or holder thereof, in writing and shall forward to the City Council a full report of the matter.
(2) The applicant therefore, or holder of the wrecker license, may by written request bring the matter to the attention of the City Council for a decision on an application.
(3) In the case of a suspension, revocation or denial or renewal, upon receipt of the request, or evidence to support a suspension or revocation, the City Council shall set a date for the public hearing and shall provide at least ten (10) days written notice of the time and place thereof to the applicant for or holder of the wrecker license along with a written statement of the charges or reasons for the City Clerk’s decision.
(4) At the public hearing, the applicant therefor, or holder of the wrecker license, may appear with legal counsel, may present witnesses in his behalf and may question witnesses speaking against his interest.
(5) A vote of a majority of the Council members present shall be required to grant a license renewal, or to impose a suspension or revocation.
(Ord. 2655, passed 8-14-1978)
Each towing vehicle shall be maintained in good mechanical condition and shall be equipped with, but not limited to the following:
(a) Tires not less than 7.00 × 15 in size with a tread depth of no less than three thirty-seconds (3/32) of an inch, nor less than eight (8) ply rated for vehicles with single rear wheels and six (6) ply rated for vehicles with dual rear wheels.
(b) Fender coverings for front and rear wheels.
(c) Micro-lock or comparable brakes sufficient to hold the combined weight of the towing vehicle and the vehicle towed on a grade of not less than six per centum (6%).
(d) Rear brake lights, turn signals lights and running lights which shall be visible to following traffic when such vehicles are connected to towed vehicles, and with a red or amber rotating dome warning light having a diameter of not less than five (5) inches, in addition to other lighting and reflectors required by law.
(e) A portable fire extinguisher having a capacity of not less than two and one-half (2-1/2) pounds (dry chemical).
(f) Three (3) flares capable of burning for not less than twenty (20) minutes or three (3) portable red reflectors or three (3) flags having an area of not less than eight (8) inches square.
(g) A winch with a capacity of not less than six- thousand (6,000) pounds with a cable capable of withstanding a test of not less than ten thousand (10,000) pounds at breaking point.
(h) A safety chain or chains with a capacity sufficient to hold or retain any vehicle the towing vehicle is capable of towing or transporting and having a total or combined length of twelve (12) feet.
(i) Clear and permanent identification visible at al times on both sides of the towing vehicle showing the name under which the wrecker and towing service is licensed, the business address and telephone number of the licensee, such identification to be in letters not less than one and one-half (1-1/2) inches in height.
(Ord. 2655, passed 8-14-1978)
Except as provided otherwise in this section each applicant for a wrecker license shall file with the City Clerk:
(a) A certificate of insurance (e.g., garage keepers liability) covering fire, theft, vandalism, in a minimum amount of five thousand dollars ($5,000.00), except that this provision shall not apply to any applicant for a wrecker license that does not or will not tow any vehicles owned by persons other than the applicant. Each wrecker to which this exemption applies must have a sign permanently affixed to it stating, “This Wrecker Is Not For Hire”; and
(b) A certificate of insurance covering each licensed wrecker in an amount of not less than twenty- five thousand dollars ($25,000.00) for property damage and for bodily injury, including death, in an amount not less than one hundred thousand dollars ($100,000.00) for any one person and three hundred thousand dollars ($300,000.00) for two (2) or more persons in any one incident. The policy or policies shall contain an endorsement requiring ten (10) days notice to the City Clerk in the event of any material change or cancellation of policy.
(Ord. 2655, passed 8-14-1978; Ord. 2740, passed 10-22-1979)
Prior to the issuance of any wrecker license or renewal thereof, each wrecker shall be inspected by the Police Department to ensure that the vehicle is maintained and in good condition and meets the safety standards established in § 12-106. If in the opinion of the police inspector, the brakes, cables or chains do not appear to be adequate to fulfill the prescribed standards, he shall require the applicant to obtain, at applicant’s expense, a written statement of an independent specialist in the field that the item or items have been inspected and are adequate. The inspector’s report shall be delivered to the City Clerk.
(Ord. 2655, passed 8-14-1978)
Except when a wrecker and towing service or operator is acting as an agent in a legal repossession of a vehicle it shall be unlawful:
(a) For any wrecker or towing service or operator to tow or otherwise move a vehicle from any area or portion of a public street without either the consent of the owner or custodian thereof, or authorization by the police or other designated official of the City of Flint.
(b) For any wrecker and towing service or operator to block the movement of, tow or otherwise move a vehicle from any private road, driveway or any other privately-owned land or property within the City of Flint, except:
(1) When requested to do so by the owner or custodian of the vehicle;
(2) When specifically requested to perform the towing service by an owner, his agent, or licensee (other than the owner, employee or agent of the wrecker or towing service) of the private property on which said vehicle is parked.
(c) For any wrecker and towing service or operator to tow or otherwise move a vehicle from any area or portion of a public street, public or private property within the City to a place out of the City of Flint, unless specifically authorized to do so in writing by the City of Flint, or with the consent of the owner of said vehicle. Provided, however, after a period of not less than twenty-four (24) hours from the time of removal has elapsed, any such vehicle may be moved to a storage area after notification to and approval of the Police Department.
(d) For a wrecker and towing service or operator to block the movement of any vehicle, other than when on the property of the towing service, to prevent the movement thereof by its owner or custodian who has appeared and desires to move the vehicle.
(e) For any wrecker and towing service or operator to fail to notify the Police Department within two (2) hours after the removal of a vehicle for impoundment, salvage or disposal from public or private property in a manner or on a form prescribed by the Police Department.
(f) For the owner, operator, licensee or driver of any wrecker to drive along any street to solicit towing, to engage in cruising, patrolling or policing private property, or, to wait for employment by standing or parking on public property, without first obtaining the consent of the Police Department in writing.
(Ord. 2655, passed 8-14-1978)
Vehicles impounded, stored or held without the consent of the owner or custodian of the vehicle must be protected from theft, vandalism, or damage of any type and the wrecker and towing service operator or his employees or operators will do nothing to render the vehicle inoperable other than to remove the ignition key and lock the vehicle. Items of personal property in the vehicle, but not attached or accessory thereto, will be safeguarded and must be surrendered or delivered to the owner or custodian of the vehicle upon demand or release of the vehicle. (The wrecker or towing service has no lien upon personal property not attached to or accessory to the vehicle.)
(Ord. 2655, passed 8-14-1978)
The Mayor may establish rules to authorize the Police Department to issue a special permit to allow the removal of a disabled vehicle from within the City of Flint to a point outside the County of Genesee in single specific instances without requiring an inspection of and license for the wrecker.
(Ord. 2655, passed 8-14-1978)
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