(a) 
It shall be unlawful for any person who has a place of business located within the city or displays a business name and address located within the city to drive, operate or cause to be driven or operated any auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles to or from any location in the city, for hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles or for any other purpose, without having first obtained a permit from the city.
(b) 
It shall be unlawful for any person to drive, operate or cause to be driven or operated any auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles to or from any location in the city, for hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles or for any purpose, if such towing or hauling is performed without the consent of the vehicle owner or the person in possession of the vehicle, without having first obtained a permit from the city.
(c) 
A unlimited wrecker permit permits the holder to respond to consent and nonconsent tows and is eligible to apply for a police-authorized tow agreement.
(d) 
Such permits shall be for a one-year duration and must be renewed annually.
(1991 Code, sec. 8-20; Ordinance 97-507, sec. 2, adopted 11/20/96; Ordinance 19-855, sec. 4, adopted 10/8/19; 2007 Code, sec. 44-277)
Any person desiring to operate an auto wrecker in the city shall apply in writing for a permit to the city manager or designee, and shall state the following in his application:
(1) 
The name and address of the applicant. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary;
(2) 
The number of auto wreckers an applicant desires to operate, listing the make, model, motor number, state tow tag number and state license number for each auto wrecker; and
(3) 
Whether the applicant desires a transfer and service permit or an unlimited wrecker permit.
(1991 Code, sec. 8-21; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-278; Ordinance adopting 2022 Code)
(a) 
The application for a permit required by the provisions of this division shall be accompanied by the first annual permit fee as currently established or as hereafter adopted by resolution of the city council from time to time.
(b) 
The same fee is payable annually 30 days before expiration of the permit for a one-year extension.
(1991 Code, sec. 8-22; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-279)
If a permit is granted under the provisions of this division subsequent to December 1 in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. A permit month is from the first day of one month to the first day of the next month.
(1991 Code, sec. 8-23; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-280)
(a) 
Before any permit shall be issued under the provisions of this division or before any renewal of such permit shall be granted, the applicant or permittee shall be required to file with the city manager or designee, and keep in full force and effect, satisfactory evidence that the applicant or permittee has given proof of financial responsibility to the state department of public safety, as the term is defined in the Texas Motor Vehicle Safety Responsibility Act, V.T.C.A., Transportation Code chapter 601, and has complied with the provisions of such act, as now enforced or hereafter amended.
(b) 
The city manager or designee is authorized to promulgate reasonable regulations as to the type and character of evidence that shall be required to show that the applicant or permittee has made proof of financial responsibility to the state department of public safety. If such proof of financial responsibility is evidenced by an insurance policy, such policy shall be carried with an insurance company admitted to do business in this state and performable in this county. The city manager or designee shall suspend, cancel or revoke any auto wrecker permit, without further notice to the applicant or permittee, if financial responsibility is not in full force and effect at all times.
(c) 
The insurance required by this section shall be of limits of not less than the minimum required by state law. Proof of insurance shall be in the form of a “certificate of insurance” issued to the city and must be attached to the application.
(1991 Code, sec. 8-24; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-281; Ordinance adopting 2022 Code)
After the applicant has filed an auto wrecker permit application, permit fee and certificate of insurance, and the city manager or designee has examined same and found them to be in compliance with the terms of this division, and such application is approved by the chief of police, the chief of police shall issue to the applicant the appropriate permit to operate an auto wrecker in the city.
(1991 Code, sec. 8-25; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-282; Ordinance adopting 2022 Code)
Every permit issued under the provisions of this division shall be dated and numbered, shall bear upon its face a notice that the same expires on the succeeding December 1, and shall show the make, model, motor number and state license number of each auto wrecker permitted to operate within the city and, where the applicant has entered into a police-authorized tow agreement with the city, the wrecker chip number given to it by the city manager or designee.
(1991 Code, sec. 8-26; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-283; Ordinance adopting 2022 Code)
(a) 
When an applicant has obtained an auto wrecker permit and thereafter desires to increase the number of auto wreckers to be operated, the permit holder shall file a supplemental application setting forth the permit number and the fact that he desires to operate additional wreckers, giving the make, model, motor number, state tow tag number and state license number of each additional auto wrecker. He shall also file the proper permit fee to cover the additional number of auto wreckers.
(b) 
The permit holder shall also file a new certificate of insurance, covering the additional auto wreckers, with the city manager or designee.
(c) 
The city manager or designee shall examine such supplemental auto wrecker applications, fees and policy certificates, and if the same are in order, shall issue a supplemental permit covering the additional auto wreckers.
(d) 
There will be no limit on the number of permits issued to any one applicant, whether the permits are transfer and service or unlimited.
(e) 
Wrecker chip holders shall be allowed to increase the number of auto wreckers operated pursuant to a police-authorized tow agreement by complying with the provisions of this section and the provisions of said agreement. If the application is approved, a wrecker chip will be issued for each auto wrecker; however, only auto wreckers owned and operated by a vehicle storage facility located within the city limits will be allowed to respond to a police request for auto wreckers. Furthermore, only a total of five auto wreckers will be allowed to respond to a police request for auto wreckers on a first-come, first-served basis unless additional wreckers are requested by police.
(1991 Code, sec. 8-27; Ordinance 97-507, sec. 2, adopted 11/20/96; Ordinance 19-855, sec. 5, adopted 10/8/19; 2007 Code, sec. 44-284; Ordinance adopting 2022 Code)
Whenever a permittee wishes to discontinue the use of an auto wrecker during the period covered by the permit and replace such auto wrecker with another, the permittee shall file an affidavit stating that the use of the auto wrecker covered by the permit has been discontinued, and the permittee desires to use another auto wrecker in its place. A certificate from the permit holder’s surety or insurer shall be attached to the affidavit evidencing that such surety or insurer has been notified thereof and agrees thereto. The city manager or designee shall then issue to the permittee a supplemental permit covering the new auto wrecker and cause the description of the old auto wrecker to be canceled from the original permit. In the affidavit, certificate from the surety or insurer, and supplemental permit, the old and new auto wreckers shall be described by make, model, motor number, state tow tag number and state license number.
(1991 Code, sec. 8-28; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-285; Ordinance adopting 2022 Code)
The city manager or designee is empowered to prescribe regulations for the displaying of signs on auto wreckers showing that the same have been licensed as herein provided. The name, address and telephone number of the permit holder shall be clearly visible and shall, at a minimum, meet the following requirements:
(1) 
The name and telephone number of the permit holder shall be in letters three inches in height and located on the doors of the auto wrecker.
(2) 
The address of the permit holder shall be two inches in height and located on the doors of the auto wrecker.
(1991 Code, sec. 8-29; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-286; Ordinance adopting 2022 Code)
All permits issued under the provisions of this division shall expire on December 1 of each year. Applications for renewal and the renewal fee must be received 30 days prior to the permit expiration date.
(1991 Code, sec. 8-30; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-287)
Any permit issued under the provisions of this division may be denied, suspended, canceled or revoked by order of the chief of police for any of the following reasons:
(1) 
The permit holder has not been in compliance with the requirements of this division at any time since the permit has been issued;
(2) 
The permit holder has committed any violation of state law regulating auto wreckers;
(3) 
The permit holder has committed any violation of the ordinances regulating auto wreckers;
(4) 
The permit holder has violated any rules or regulations issued by the authority of the chief of police;
(5) 
There have been three or more violations of the ordinances regulating auto wreckers within any one-year period by any one driver operating a wrecker of the permit holder or by any other agents or employees of the permit holder;
(6) 
There have been four or more moving violations of the motor vehicle laws of the state within any one year by any one driver while operating a wrecker of the permit holder;
(7) 
The permit holder knowingly supplied false or incomplete information to obtain or maintain a permit;
(8) 
The permit holder has been convicted of a felony within the last three years, placed on probation, or convicted of a crime involving moral turpitude within ten years; or
(9) 
The permit holder, his agent or employee fails to respond to wrecker calls from the police department in such a manner as to create unnecessary delays in the removal of wrecked or disabled vehicles from the roadway.
(1991 Code, sec. 8-31; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-288)