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PERMITS AND CERTIFICATES
(A) Every person desiring to engage in the wrecker business in the city shall make application, in writing, on a form provided for that purpose, to the Chief of Police for a permit to engage in the wrecker business and for a safety and insurance compliance certificate for each wrecker proposed to be operated, and such application shall contain the name, address, telephone number, the number and types of wrecker equipment to be operated, the true owner of the company concerned and a statement that the applicant does or does not desire to appear on the wrecker rotation list.
(B) Every application, when filed, shall be sworn to by the applicant.
(Ord. 2013-11, passed 11-18-2013)
(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)
Each safety and insurance compliance certificate for a wrecker vehicle shall state that such wrecker has been inspected and approved under the direction of the Department’s public safety, and a current inspection sticker shall be affixed securely to the inside of the windshield of the wrecker vehicle. No person shall operate a wrecker on the public streets of the city unless a permit to engage in the wrecker business has been issued to the owner of such wrecker, a safety and insurance compliance certificate has been issued to such wrecker and the wrecker has a current state inspection sticker. No permit or safety and insurance compliance certificate shall be transferrable, and every permit and safety and insurance compliance certificate shall expire at midnight on January 31 of the year in which the permit expires.
(Ord. 2013-11, passed 11-18-2013)
(A) A permit holder may have his or her permit suspended:
(1) For seven days for any violation of this chapter; or
(2) For 20 days for a second or subsequent violation of this chapter.
(B) A permit holder may have his or her permit revoked:
(1) For a third or subsequent violation of this chapter;
(2) Causes or permits the operation of a city certified wrecker, either owned or contracted for, by an unlicensed driver on the public roadways;
(3) Causes or permits the operation of a wrecker not certified by the city, either owned or contracted for, on the public roadway;
(4) Fails to maintain in force the insurance required for the operation of a towing company, vehicle storage facility or its equipment by the laws of the state;
(5) Operates a wrecker or wrecker company in any way which endangers the life or safety of any persons in any of the following ways:
(a) The grossly negligent operation of a vehicle used by the wrecker company; or
(b) Criminal assault committed by the permit holder or his or her agents or employees during the normal course of business.
(6) Submits false information on a permit application;
(7) Is convicted of a violation under this chapter; and/or
(8) Is convicted of fraud or theft, as defined in the state’s Penal Code, in the conduct or operation of the permit holder’s wrecker company.
(Ord. 2013-11, passed 11-18-2013)
(A) Upon complaint against a wrecker company or any agent or employee thereof filed by any person with the Chief of Police or designated person, or upon his or her own motion charging a violation of any of the terms of this chapter or any ordinances of the city of laws of the state regulating motor vehicles or crimes of moral turpitude or for good cause shown, the Chief of Police or designated person after giving five days’ notice of such complaint to such wrecker company, may hear evidence with reference to such complaint and, after such hearing, the Chief of Police may revoke or suspend the authorization of the wrecker service company to continue providing service on the city’s voluntary wrecker rotation list.
(B) After the Chief of Police has reviewed the findings of the complaint for revocation or suspension of the permit of any wrecker company, he or she shall make the determination and declare such findings along with the terms, if any, of any suspension of a temporary or permanent nature. The decision of the Chief of Police shall be reduced to writing.
(C) The decision of the Chief of Police under this section may be appealed to the City Manager; provided that, notice of appeal is perfected within ten calendar days of the Chief of Police’s decision. Notice of appeal is perfected by sending a certified letter, return receipt requested, addressed to the City Manager, stating that an appeal from decision of the Chief of Police is desired. The City Manager shall hold a hearing on the matter within a reasonable time after receipt of such return and shall issue a decision thereon within a reasonable time after such hearing.
(Ord. 2013-11, passed 11-18-2013)
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