In this article, the following words shall have the meanings
ascribed to them below:
Accident.
Any occurrence that renders a vehicle wrecked or disabled.
Consent to tow.
The towing of a vehicle at the request of the owner or operator.
Disabled vehicle.
A motor vehicle that has been rendered unsafe to be driven
as the result of some occurrence, including but not limited to mechanical
failure or breakdown, fire or vandalism, or a motor vehicle that is
in a safe driving condition but whose owner or operator is not present,
able, or permitted to drive so as to reasonably necessitate that the
vehicle be removed by a wrecker.
Motor vehicle.
Any motor driven or propelled vehicle required to be registered
under the laws of this state. Texas Transportation Code section 501.002(17)(18).
Nonconsent tow.
The towing of a vehicle without the prearranged knowledge
and consent of the owner or operator of said vehicle. Examples include,
but are not limited to: vehicles towed when the driver is incapacitated
following an accident, vehicles towed when the driver has been arrested,
and vehicles removed from public or private property without pre-notification
to the vehicle owner.
Person.
An individual, firm, partnership, association, corporation,
company or organization of any kind.
Register.
Submitting the proper information on each wrecker vehicle
to the city police department for recordkeeping purposes.
Registration holder.
An individual, applicant, or owner who has registered and
been issued a receipt by the police department to operate in the city.
Vehicle.
Every mechanical device in, upon or by which any person or
property is or may be transported or drawn upon a public highway,
except devices moved by human power or used exclusively upon stationary
rails or tracks.
Wrecked vehicle.
A discarded, abandoned, junked, wrecked or worn-out motor
vehicle that is not in a condition to be lawfully operated on a public
road.
Wrecker.
A vehicle designed for use primarily for removing wrecked
or disabled vehicles.
(2001 Code, sec. 4.603)
(a) A
person commits an offense if he:
(1) Operates a wrecker service or drives or operates a wrecker within
the city without valid registration;
(2) Drives or operates a wrecker or uses any equipment within the city that is not in compliance with section
4.09.006;
(3) Fails to maintain insurance as required in section
4.09.013;
(4) Violates or fails to comply with the provisions of section
4.09.007.
(b) A person who commits an offense under this article shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code. Each day that a violation exists shall constitute a separate offense.
(2001 Code, sec. 4.619; Ordinance
adopting Code)
Registration is not required for the following activities:
(1) The
transportation of a vehicle by a nonresident wrecker operator from
some point outside the city to some destination within the city.
(2) The
transportation of a vehicle by a nonresident wrecker operator from
some point outside the city and traversing the city to some other
destination outside of the city.
(3) The
transportation of a vehicle by a nonresident wrecker operator at the
request of the owner or operator of a vehicle.
(2001 Code, sec. 4.602)
Each wrecker service applicant, whether wishing to participate
in the police department rotation schedule, wishing to provide consent
and/or nonconsent tows, or operating a place of business in the city
limits, must file a written registration application with the director
of public safety or his designee. The application shall be verified
by the applicant and be on a form furnished by the police department;
only completed applications will be accepted.
(2001 Code, sec. 4.604)
Each wrecker truck for which a receipt is issued shall meet
the following minimum requirements:
(1) Each
wrecker shall not be less than one ton in size.
(2) Each
wrecker shall position the registration receipt where it is clearly
visible in the vehicle’s front window, either hanging from the
inside rear window or secured inside face-out next to the state inspection
and registration stickers.
(3) Each
wrecker shall be equipped with a power or hand-operated winch line
and boom or lifting device with a factory-rated capacity of not less
than five thousand pounds single capacity.
(4) Each
wrecker shall have inscribed on each side the name, address and telephone
number of the wrecker business in letters not less than three inches
in height.
(5) Each
wrecker shall carry as standard equipment safety chains, a fire extinguisher,
wrecking bar, broom, axe, shovel, either flares or traffic-control
reflectors, a wheel dolly and a container to carry debris.
(6) Each
wrecker shall be equipped so as to provide two-way voice communication
by mobile telephone or radio with the registration holder’s
base station at all times.
(7) Each
wrecker shall be equipped with overhead flashing emergency lights,
visible from one thousand five hundred feet.
(2001 Code, sec. 4.605)
Each wrecker service wishing to participate in the police department
rotation schedule must be registered with the city, complete the rotation
wrecker service application, and comply with the vehicle requirements
established above, all state laws regarding wreckers and vehicle storage
facilities, and the requirements listed below:
(1) Meet
all city and state qualifications and requirements, and be registered
as a wrecker service with the city and comply with all city ordinances.
(2) Operate
a principal place of business in the city limits, and have a storage
facility within a five-mile radius of the city limits.
(3) Arrive
at the scene within twenty minutes upon notification. Three instances
of failure to respond as outlined above, within a twelve-month period,
is just cause for suspension, revocation, or refusal to approve the
issuance or renewal of a wrecker registration.
(4) Deliver
wrecked or disabled vehicles to a location designated by the owner
or operator of the vehicle or by the police department.
(5) Must
not release any police department requested towed vehicle without
proper documentation from the police department.
(6) Upon
arrival at an accident scene, promptly clear the wreckage and debris
from the traveled portion of the roadway and confine wreckage and
debris to the smallest possible portion of the traveled roadway. In
a manner to minimize the duration of the interference with normal
traffic flow, completely remove from the site of the accident all
resulting wreckage or debris, including all broken glass, excluding
the truck’s or vehicle’s cargo, before leaving the site.
(7) To
the extent feasible, comply with all traffic regulations in removing
any vehicle from the scene of an accident. Under no circumstances
shall a vehicle be moved or towed in such a manner as to jeopardize
the safety of other vehicles on the roadway.
(8) Depart
the scene of an accident at the request of a police officer when such
wrecker has not been called to the scene in compliance with this article.
(9) Keep
and maintain wrecker vehicles and towing equipment in a safe and working
condition to insure that said wrecker and equipment are adequate to
perform towing services.
(10) Must have ability to access at least one tile-bed [flat-bed] vehicle
capable of handling the safe movement of motorcycles and front wheel
drive cars.
(11) Must provide proof of ability to access, upon receipt of notice,
a wrecker that is capable of towing a tractor-trailer and other large
vehicles.
(12) Must operate wreckers equipped with an overhead flashing non-emergency
(red) light that is visible from one thousand five hundred feet.
(13) Shall provide pickup and towing services for city vehicles, within
the city at no charge to the city, and for vehicles outside the city
but within Tarrant and Parker counties, and those counties contiguous
to Tarrant and Parker counties, at the minimum rate provided by state
law.
(14) Shall provide storage at no cost to the city for city-owned vehicles.
(15) Shall not charge the city for storage of vehicles towed and/or stored
without the owner’s consent but shall charge the owner.
(16) Maintain its certificates of convenience and necessity as issued
by the state department of transportation and the United States Interstate
Commerce Commission.
(17) Shall employ and maintain, or have the ability to access in the time
outlined above (twenty minutes), a sufficient number of personnel
to accommodate a minimum of two wrecker units at the same time.
(18) Shall furnish a list of any liens, judgments, or other encumbrances
against the registering company owned by applicant. The list shall
include the amount secured by each lien, judgment, or encumbrance,
the amount due, the character of such lien, judgment, or encumbrance,
and the names and address of the holder of such lien, judgment, or
encumbrance.
(2001 Code, sec. 4.607)
Any person whose application for a wrecker registration has
been denied, suspended, or revoked by the director of public safety
or his designee shall have the right to appeal in writing such action
to the city manager within ten calendar days after notification of
such action. The city manager shall review the matter and may uphold,
modify, or reverse the action of the wrecker registration. The decision
of the city manager shall be final.
(2001 Code, sec. 4.611)
No person may drive a wrecker to the scene of an accident on
the streets of the city unless the person has been called to the scene
by a police officer or the owner or operator of the vehicle.
(2001 Code, sec. 4.613)
The wrecker service shall first notify the city police department
of intent to remove and store before removing from its location in
the city to another location a wrecked or disabled vehicle in which
the owner and/or operator of the vehicle has not given his consent.
(2001 Code, sec. 4.614)
No police officer or other employee of the city shall recommend
to any person, directly or indirectly, the name of any particular
person engaged in wrecker business for which solicitation is prohibited,
nor shall any police officer or other city employee attempt to influence
in any manner a decision of a person in selecting a wrecker operator.
(2001 Code, sec. 4.616)