The Chief of Police shall issue permits for towing or wrecker companies to be eligible to provide towing at the request of the city, to be placed on the Wrecker Rotation List, and to provide non-consent towing within the city, to all applicants complying with the provisions of this chapter. No such permit shall be issued unless the applicant meets each of the following requirements:
(B) The applicant maintains 24 hour wrecker service and has a telephone number that is answered 24 hours a day, seven days a week. The use of an independent answering service shall not be permitted.
(C) The applicant owns, leases or otherwise lawfully possesses and operates a garage or storage facility within the city's extraterritorial jurisdiction, within the city limits, or within three miles of the city limits, available for the storage of automobiles or other vehicles.
(D) All storage facilities shall be enclosed by a permanent six foot fence, the gate to which shall be locked at all times; the storage area maintained in such a manner that it does not constitute a health hazard and is screened from the ordinary public view by means of a privacy fence, rapidly growing trees, shrubbery, or other appropriate means, and the said wrecker company shall have capabilities for auxiliary storage inside a locked building which has been approved by the Chief of Police.
(E) The applicant can respond to any location within the city within 30 minutes of receiving notification.
(F) The applicant procures and keeps in full force and effect, a policy or policies of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the State of Texas and in the standard form approved by the Board of Insurance Commissioners of the State of Texas, with the insured provision of said policy or policies including the city as an insured, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a wrecker of such company and providing that the amount of recovery on each wrecker shall be in limits of no less than the following sums:
(1) For a Category A wrecker, as defined in § 75.11, together with the towed vehicle, having a gross vehicular weight, registered weight, or actual weight of 26,000 pounds or less, $300,000.00 combined single limit for bodily injuries to or death of all persons injured or killed in any accident, and loss or damage in any one accident to the property of others;
(2) For a Category B wrecker, as defined in § 75.11, together with the towed vehicle, having a gross vehicle weight, registered weight, or actual weight exceeding 26,000 pounds, $500,000.00 combined single limit for bodily injuries to or death of all persons injured or killed in any accident, and loss or damage in any one accident to the property of others; and
(3) For injury to or destruction of property in any one accident, $50,000.00.
(G) The applicant procures and keeps in full force and effect a policy or policies of cargo insurance to cover damage to on-hook cargo or a towed vehicle during hookup and/or towing, in the minimum amounts of $50,000.
(H) The applicant complies with the provisions of federal and state laws and rules applicable to tow vehicles and towing or wrecker company operations, as amended from time to time, including Tex. Rev. Civ. Stat. Art. 6687-9a, also known as the Vehicle Storage Facility Act, as amended from time to time.
(Ord. O-2006-005, passed 4-25-06)