All wrecker services approved by the Director and placed on the rotation list shall be subject to and comply with the following requirements:
(A) The wrecker service shall, as a condition of being placed on the approved rotation list, deposit with the City Secretary a performance bond in the amount of $1,000, or in the alternative, a cash bond supported by cash or cashier’s check in the amount of $1,000, to guarantee the performance of requirements of this chapter. The performance bond shall be assured by a reputable bonding company authorized to do business and doing business in the State of Texas.
(B) In the event a police wrecker service operator is requested by the Department of Public Safety to make a call and the operator agrees to make the call then the operator shall proceed immediately to the scene where he or she is directed and shall be given a reasonable length of time in which to reach the location. If the police wrecker service operator answering the call has not reached the location within a reasonable length of time, then the officer at the scene may proceed to call the next police wrecker service operator on the list and that operator shall have priority in that particular call. In the event that the police wrecker service operator called fails to comply with the provisions of this section by not proceeding to the designated place within the time specified above then this police wrecker service operator shall be removed from the top of the list and placed at the bottom of the list. This section shall not apply where the operator’s name at the top of the list is called and he or she advises the officer requesting the wrecker service that he or she will be unable to make the call, nor will it apply where there has been a delay caused by some act or commission of another person other than the wrecker operator or his or her employees or by an act of God.
(C) Unless otherwise directed by the police officer at the scene, the police wrecker service operator shall tow all wrecked vehicles to an approved storage facility. Every police wrecker service shall have a storage facility which is to be used under the terms of this chapter approved by the Director.
(D) All drivers for the police wrecker service operators shall be required to register with the Director and a driver’s license report from the Texas Department of Public Safety shall be requested.
(E) Each police wrecker service shall provide 24-hours’ service, including Sundays and holidays, and each shall have available for the performance of the towing and wrecker services the following equipment:
(1) All that equipment required by § 112.08 above;
(2) A minimum of three wreckers on a one-ton chassis, with a power driven crane, lifting capacity of at least 20,000 pounds; and
(3) One heavy-duty wrecker on a two- to three-ton chassis with a power drive crane, lifting capacity of at least 20,000 pounds.
(F) Each police wrecker service operator shall provide the defense for, indemnify and hold harmless the city from any and all claims, suits, causes of action or liability of any nature arising out of the police wrecker service operator’s activities conducted pursuant to this chapter.
(G) Where it becomes necessary in any manner to disconnect, tamper with or damage the gears, emergency brake or any other part of a vehicle before towing, the police wrecker service operator shall, on termination of the tow, repair or put the vehicle back in its condition as it existed at the time when the police wrecker service operator arrived at the scene.
(H) Upon receiving a complaint from any source claiming damage to a vehicle or its contents towed by a police wrecker service operator, the operator shall submit a written report to the Director within 24 hours after receipt of the complaint. The report shall contain all facts pertinent to the claim or the complaint presented.
(I) All police wrecker service operators shall maintain a telephone, manned 24 hours a day, and sufficient personnel to perform all obligations set forth in this chapter.
(J) Each police wrecker service operator shall furnish to the Director certain personnel data in addition to that requested by § 112.04 above, including fingerprints and photographs of all wrecker drivers employed by the operator.
(K) A police wrecker service operator may charge the following maximum fees for its towing services:
(1) All average tows, including motorcycles and motor scooters during the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday: $35;
(2) All average tows, including motorcycles and motor scooters, during the hours of 6:00 p.m. to 8:00 p.m. Monday through Friday, and all day Saturday and Sunday: $45;
(3) Wrecked vehicles: $45;
(4) If driveline must be dropped to tow vehicle, additional: $10;
(5) If necessary to change wheel and tire, additional: $10;
(6) Rolled over or upset vehicle: $55;
(7) Vehicles requiring dolly for reasons other than automatic transmission; additional charge: $35;
(8) Roll over with dolly tow: $65;
(9) If winch required, additional for each 50 feet of pull: $20;
(10) Heavy duty wrecker: $55;
(11) Hourly rate in excess of one hour: $50; and
(12) Daily storage fee: $5. Charges for towing from the scene of an accident to a delivery point within the city other than an approved storage facility shall be the same as charges for delivering to an approved storage facility. No transfer will be allowed.
(L) At the option of the city, each police wrecker service operator shall furnish the following additional services:
(1) When directed by the Director, or his or her duly authorized representative, the police wrecker service operator shall tow vehicles which are parked in violation of the law. Those vehicles will be towed only to an approved storage facility. For those tows the operator shall charge only the fees shown above. Vehicles with locked steering mechanism and wheels turned may dolly the vehicle in order to tow, and a $1 fee shall be charged; and
(2) When directed by the Director, or his or her duly authorized representative, the police wrecker service operator shall tow any disabled City of Heath vehicle and shall be charged in a total amount not to exceed $25 for the towing of each vehicle notwithstanding any other provision in this chapter to the contrary.
(M) Each police wrecker service operator shall maintain books and records reflecting his or her operations hereunder in accordance with generally accepted accounting principles, and as may be specifically prescribed by the Director of the Department of Public Safety. The books and records, together with any other documentation necessary for verification of operator’s compliance with the terms of this chapter, shall be made available in the city, on request, to the Director or his or her representatives.
(N) Each police wrecker service operator shall pay to the appropriate collection authority all federal, state and local taxes and fees which are now or may hereafter be imposed upon the operator or the business conducted by the operator, and shall maintain in correct status all federal, state and local licenses and permits required for the operation of business conducted by the operator.
(O) Each police wrecker service operator shall be responsible for the collection of its towing fees.
(P) During the course of the contract, should any of the police wrecker service operator’s personnel violate any of the rules and regulations as provided for herein, the violation will be grounds for cancellation of their permit.
(1) Police service operators and other personnel of the operator shall comply with directions from police or firefighters in charge of the scene of an accident. At no time will they interfere with efforts of the police or firefighters.
(2) Police wrecker service operators and other personnel of the operator shall comply with orders of the Director or his or her designated representative relating to the towing of vehicles.
(3) At the time of tow, the police officer in charge will furnish the wrecker driver with an impound slip if the vehicle is to be towed to an approved storage facility. The police wrecker service operator shall maintain one copy of the impound slip at the operator’s place of business.
(2005 Code, § 6-4-17) (Ord. 900201, passed 2-1-1990)