It shall be unlawful for any person to drive an auto wrecker within the city unless such person is a duly licensed motor vehicle operator under state law.
(1991 Code, sec. 8-35; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-310)
It shall be unlawful for any person to operate or drive a wrecker to perform nonconsent and/or police-authorized tows unless such person has been issued and holds a valid city wrecker operator’s license.
(1991 Code, sec. 8-36; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-311)
A person desiring a wrecker operator’s license required by this division shall make a written application therefor to the chief of police, which application shall be made upon a form W-4 provided by the city and which shall contain the following information and be accompanied by the application fee:
(1)
The full name, age and specific address of the applicant;
(2)
The full name of the person or owner for whom the applicant proposes to be employed;
(3)
The citizenship and length of residence of the applicant in the United States;
(4)
A full personal description of the applicant including age, height, size, race, color of eyes, complexion and color of hair, body and facial marks, defects, and full fingerprints;
(5)
A statement of whether the applicant has been convicted of a felony and, if so, full information concerning the same;
(6)
A statement of whether the applicant has a police record with conviction of misdemeanor and, if so, full information concerning the same;
(7)
A statement of whether the applicant has been convicted of moving violations under the motor vehicle traffic laws of the state and, if so, full information concerning the same; and
(8)
The number and date of issuance of the state operator’s license issued to the applicant.
(1991 Code, sec. 8-36; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-312)
(a)
The chief of police shall make, or cause to be made, such investigation of the character of the applicant for a wrecker operator’s license required by this division as may be deemed consistent and judicious, and shall determine if the applicant is fit and proper to drive and operate an auto wrecker within the city in a manner consistent with the welfare of the citizenry of the city.
(b)
The auto wrecker permit holder or the owner of the wrecker service shall make or cause to be made such investigation into the character, experience and qualifications of the applicant to ensure that the applicant is capable of safely and properly loading and towing motor vehicles without causing any damage to the towed vehicle or any property thereof.
(1991 Code, sec. 8-38; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-313)
If the chief of police finds that the applicant is a fit person and properly qualified to receive a city wrecker operator’s license, he shall so certify to the city manager or designee and such license shall be issued.
(1991 Code, sec. 8-39; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-314; Ordinance adopting 2022 Code)
A license 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 applicant or licensee has not been in compliance with the requirements of this division at any time since the license was issued;
(2)
The applicant or licensee committed any violation of state law regulating auto wreckers;
(3)
The applicant or licensee committed any violation of the ordinances regulating auto wreckers;
(4)
The applicant or licensee violated any rules or regulations issued by authority of the chief of police;
(5)
The applicant or licensee has more than two at-fault accidents within the last three years;
(6)
The applicant or licensee has more than four convictions for moving violations under the motor vehicle traffic laws of the state within the last three years;
(7)
The applicant or licensee knowingly supplied false or incomplete information to obtain or maintain a license; or
(8)
The applicant or licensee has been convicted of a felony within the last three years, placed on probation, or convicted of a crime involving moral turpitude within the last ten years.
(1991 Code, sec. 8-40; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-315)
If the chief of police finds that the applicant is unfit to hold a wrecker operator’s license, the applicant for a license under this division shall have the right to appeal to the city council within ten days, which appeal shall be perfected by delivering, in writing, five copies of same to the city council, stating that an appeal from the decision of the chief of police is desired and the facts regarding same. The city council will then, within a period of not more than 15 days after receiving such notice of appeal, grant a hearing thereof, and after the hearing of the appeal, shall within a period of five days, sustain or reverse the decision of the chief of police. If no appeal is taken from the findings made by the chief of police, within the time provided above, the decision of the chief of police shall be final; otherwise the decision of the city council shall become final.
(1991 Code, sec. 8-41; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-316)
(a)
Upon compliance with this division and approval of the license application, the applicant shall be issued a wrecker operator’s license which shall contain a full face photograph and a complete physical description of the licensee. Such license shall at all times be and remain the property of the city.
(b)
Such license shall remain in the possession of the wrecker driver at all times and shall be presented upon request to any police officer desiring to inspect same.
(1991 Code, sec. 8-42; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-317)
A wrecker operator’s license issued under this division shall be valid from the date of issuance until December 1 of each year. Applications for renewal and the renewal fee must be received 30 days prior to the license expiration date. All wrecker operator’s licenses issued subsequent to April 15, 1996, and prior to the effective date of the ordinance from which this division is derived, unless sooner canceled, suspended or revoked pursuant to the terms of this article, shall remain valid until April 15, 1997. The license fee required by this division shall be applicable upon renewal of such licenses.
(1991 Code, sec. 8-43; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-318)
A nonrefundable fee currently established or as hereafter adopted by resolution of the city council from time to time must accompany an application for a wrecker operator’s license and any application for renewal of a license under this division.
(1991 Code, sec. 8-44; Ordinance 97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-319)