(A) If the Chief of Police determines that a violation of this chapter has occurred, he or she may:
(1) Issue a written warning and request for compliance;
(2) Remove a wrecker service from the rotation list until proper corrective measures have been taken to bring the wrecker service into compliance with these rules upon verification to the satisfaction of the Chief of Police; or
(3) If the violation is material, or in the case of repeated violations, the Chief of Police may suspend a wrecker service from the rotation list for a specific time not to exceed one year except for criminal convictions set out in paragraphs (C)and (D) below.
(B) The severity of the sanction imposed shall be commensurate with the nature of the violation and prior record of the wrecker service.
(C) If a wrecker service owner commits, is convicted of, enters a plea of guilty or no contest to, or receives a prayer for judgment continued (PJC) for any of the offenses specified in § 38.03(P), the wrecker service shall be removed from the rotation list for the designated period of time set out in § 38.03(P).
(D) A wrecker service shall not employ or continue to employ as a driver or operator any person who commits, is convicted of, enters a plea of guilty or no contest to, or receives a prayer for judgment continued (PJC) any of the offenses specified in § 38.03(P). This prohibition is for the designated period of time set out in that section. A wrecker service that willfully violates this provision shall be removed from the rotation list.
(E) A wrecker service driver or owner who responds to a call pursuant to this chapter with an odor of alcohol on his or her breath shall immediately be removed from the rotation list for a period of one year. If the owner of the wrecker service was not the driver or operator and had no knowledge that the driver or operator had been consuming alcohol, the wrecker service shall not be removed if the violating driver or operator is prohibited from responding to rotation list calls for one year. Any period of suspension pursuant to this paragraph is in addition to any suspension or removal that may result from violation of § 38.03(P).
(F) A willful misrepresentation of any material fact shall be considered a material violation and may result in removal from the rotation list.
(G) A wrecker service may be removed or suspended for any cause deemed necessary by the Chief of Police to protect the safety, and welfare of the public.
(H) For any violation for which no specific period of removal is established a wrecker service shall be removed or suspended at a minimum until the violation is corrected.
(I) A wrecker service which is removed or suspended for a period of time from the rotation list must demonstrate compliance with this chapter in order to be reinstated.
(J) A wrecker service that is removed or suspended from the rotation list shall not be eligible for reinstatement because ownership has been transferred to a family member.
(Ord. O-2002-26, passed 5-7-02)