(A) The Chief of Police, or his or her representative, shall issue a permit to engage in the wrecker business to all applicants complying with the provisions of this chapter and shall issue a permit and safety and insurance compliance certificate for all wreckers of such applicants so complying.
(B) No permit authorizing the operation of a wrecker business and no safety insurance compliance certificate authorizing the operation of a wrecker on the streets of the city shall be issued unless the following requirements are met.
(1) Wrecker equipment and impound area. Every wrecker proposed to be used by the applicant shall comply with the following minimum safety requirements.
(a) Each wrecker shall be not less than three-quarter ton in size and shall be equipped with booster brakes.
(b) Each wrecker shall be equipped with a power winch line and boom with a factory-rated lift capacity of not less than 5,000 pounds’ single-time capacity.
(c) Each wrecker shall carry as standard equipment tow bars, or roller bars, safety chains, a fire extinguisher, wrecking bars and an axe. The applicant shall have dollies if needed, but they are not required equipment for each wrecker.
(d) Each wrecker shall provide that its impoundment area, if located in the city, shall, at minimum, meet all of the city’s development and general code requirements.
(e) The impoundment area, if located outside the city, shall be within and not exceed a seven-mile radius from the main police station.
(2) Insurance. All wrecker services shall procure and keep in full force and effect a policy of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the state and in the standard form approved by the Board of Insurance Commissioners of the state, with the insured provisions of such policy 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 not less than $500,000 for damages arising out of bodily injury to or death of one person in any accident, and $100,000 for injury to or destruction of property in any one accident.
(3) Driver information. A list of all wrecker operators/drivers and a colored copy of their state operator’s license shall be submitted with the above insurance policies, it shall be the obligation of the wrecker service to keep the operator/driver license information current pursuant to Tex. Transportation Code § 521.459.
(4) Delinquent taxes. No delinquent taxes shall be due the city upon any wrecker for which such permit or certificate is sought, and the owner thereof shall not have failed to render the amount due for ad valorem taxation.
(5) Fees; renewal of permit.
(a) Annual fee. There is hereby imposed an annual fee of $100 per wrecker company.
(b) Inspection fee. There is hereby imposed an annual inspection fee of $35 per wrecker unit and a government entity/law enforcement fee of $15 per vehicle towed. (These fees shall be deposited, upon recovery, in the Police Department’s account and utilized for any and all efforts for the enforcement of this chapter, and general traffic safety for non-consent tows, each wrecker will submit payment monthly).
(c) Refund of fees. All fees are non-refundable.
(d) Application for renewal. Annual renewal applications may be submitted between November 1 and January 31 of each year. A certificate of insurance and fees shall be submitted with the written renewal application. Regardless of when a renewal application is submitted, the renewal permit will be from February 1 through January 31.
(e) Late fee. A late fee of $50 will be charged if the completed renewals permit application is not filed or postmarked by midnight, January 31 of each year.
(6) State licenses and certificates. A copy of all licenses and/or certificates issued by the state allowing the applicant to operate a wrecker, impound yard or vehicle storage facility shall be required upon payment of annual fees per wrecker company wrecker unit.
(7) Identification on vehicles. Each wrecker shall have the wrecker company’s name, address, city where located and telephone number of the business operating the wrecker permanently inscribed on each side of the vehicle in letters no less than two inches high In contrasting colors. No temporary signs of any kind will be permitted.
(8) Certification sticker. Certification shall be evidenced by a windshield sticker affixed to the lower left side of the windshield.
(9) Duplicate certificate. A duplicate certificate will be issued upon re-inspection and payment of $35 re-inspection fee.
(10) Revocation of certificate. A wrecker certification will be revoked for failure to meet and/or maintain the required standards and regulations of the state law and this chapter.
(11) Application for recertification. If a wrecker certification is revoked, an application for recertification may be made as soon as the wrecker meets these standards.
(Ord. 2013-11, passed 11-18-2013)