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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)
Whenever any driver of a wrecker removes a motor vehicle from the scene of an accident on a public street, it shall be his duty to simultaneously remove and carry away from the public street all glass, metal, debris, which may have been cast upon the street as a result of the accident or collision.
(Ord. 2655, passed 8-14-1978)
(a) Every person found guilty of violating any of the provisions of this article shall, upon conviction thereof, be fined an amount not exceeding five hundred dollars ($500.00) or imprisonment for a period not exceeding ninety (90) days or both in the discretion of the Court.
(b) Any operation of a wrecker or towing and wrecker service without a license as required is declared a nuisance per se and may be abated by injunctive proceedings or any other civil remedy.
(Ord. 2655, passed 8-14-1978)
ARTICLE XV. EDUCATIONAL MUSEUM/THEME PARK
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