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The operation of emergency wreckers and emergency wrecker service in the city requires regulation in order to avoid competitive speeding by wreckers to the scene of accidents and collisions, and is necessary in order to avoid traffic hazards and to minimize the danger of injury to persons and damage to property.
(Ord. 2013-11, passed 11-18-2013)
(A) No person shall drive a wrecker to or within 100 feet of the scene or sites of an accident or collision on the streets of the city unless such person has been called to the scene by the Police Department or Fire Department; provided that, when it is necessary to prevent death or bodily injury to any person involved in an accident or collision, the prohibition of this section shall be applicable. The owner or operator of a wrecker shall not use or act upon any information received on the shortwave frequency of the Police or Fire Department of the city for his or her own benefit or the benefit of any other persons in connection with the operation of a wrecker business unless such owner or operator was called or summoned by the Fire or Police Department. If any wrecker appears at the scene of the accident or collision, the owner or operator of which was not specifically called by the Fire or Police Department, it shall be conclusively presumed that such owner or operator unlawfully intercepted and acted on the information transmitted by the Fire or Police Department on their radio frequency.
(B) Wreckers summoned by the Police Department are subject to cancellation. If cancelled, the wrecker company will be placed back on the rotation list for another call. Wreckers summoned to calls where police have not arrived will not hook up the vehicle until the police arrive. Fees for non-hook ups will not be charged.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
No person shall solicit in any manner, directly or indirectly, on the streets of the city, the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing such vehicle. Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any person engaged in the wrecker business, either as owner, operator, employee or agent, on any public street in the city at or near the scene or sites of a wreck, accident or collision, within one hour after the happening of a wreck, accident or collision, shall be prima facie evidence of a solicitation in violation of this section.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
No owner of a wrecker company, not licensed by the city, shall intercept any message emanating through the medium of the Fire or Police Department radio frequency or divulge or publish the existence, contents, substance, purpose, effect of meaning of such intercepted communication; and no person, not being entitled thereto, shall receive or assist in receiving any such message and use such message, or any information therein contained, for his or her own benefit or for the benefit of another person.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
(A) If a vehicle is involved in an accident or collision and the public safety departments of the city are called relating to a request for wrecker service, the investigating or responding officer or employee shall communicate the fact immediately to the Police Department headquarters for selection of a wrecker from the wrecker rotation list maintained by the city’s Police Department as provided in this chapter. Any wrecker company that desires to be placed on the city wrecker rotation list shall meet the following requirements:
(1) Have been issued a permit and safety and insurance compliance certificate in accordance with this chapter;
(2) Have applied to be on such list;
(3) Maintain 24-hour wrecker service located within and not exceeding a seven-mile radius of the city’s Police Department central office and be within a 15-minute response time to anywhere in the city;
(4) Maintain an impound yard located within and not exceeding a seven-mile radius of the city’s Police Department central office;
(5) In addition to the minimum requirements for wreckers required in § 112.26 of this chapter, possess at least one license wrecker not less than one and one-half tons in size, equipped with a power-operated winch, winch line and boom, with a factory-rated lifting capacity of not less than 10,000 pounds, single-line capacity;
(6) In addition to the minimum requirements for wreckers required in § 112.26 of this chapter, possess at least one licensed platform wrecker;
(7) Agree to respond to all requests for wrecker service initiated by the city;
(8) The owner or operator of a wrecker company shall immediately notify the Chief of Police or his or her designated representative of any changes in status as it relates to any insurance, certificate or permit or any factor that may impede its ability to comply with this chapter; and
(9) The owner or operator of a wrecker company shall produce a monthly report by the third Monday of each month listing the status of any and all vehicles towed for the city that are considered abandoned in their lot, after proper notification has been given in accordance with Tex. Transportation Code Subch. C, Vehicle Abandoned In Storage Facility, § 683.031.
(B) (1) Upon receiving a communication from the city’s Police Department, the wrecker company presently on call, or its duly authorized agent, shall tow the disabled vehicle and remote such vehicle from the public streets of the city.
(2) The Chief of Police or his or her designated agent shall establish the procedures for the rotation of wreckers on the wrecker rotation list.
(Ord. 2013-11, passed 11-18-2013)
No police officer investigating or present at the scene or site of any wreck, accident or collision on a public street shall, directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of any particular person engaged in the wrecker service or repair business, nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair service; provided that, any police officer, in exercise of his or her discretion as a police officer, may direct that any vehicle, whether towed by a wrecker selected by the owner of the vehicle or from the wrecker rotation list, shall be taken by the driver of the wrecker towing the vehicle directly to the city pound or other location designated by such police officer and there held by the city for any lawful purpose.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
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