(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)