(a) It
shall be unlawful for any person to engage in the operation of a wrecker
service within the corporate limits of the City of Hillsboro without
first obtaining a wrecker service permit to do so.
(b) It
shall be unlawful for any person to engage in the operation of any
vehicle for the purpose of providing a wrecker service within the
corporate limits of the City of Hillsboro without first obtaining
a wrecker vehicle permit to do so.
(Ordinance 96-12-03 adopted 12/3/96)
(a) Application
for wrecker service permits and wrecker vehicle permits, within the
corporate limits of the City of Hillsboro shall be in writing, signed
and sworn to by the applicant, and shall be filed with the chief of
police. Separate application forms shall be tendered for each and
every vehicle to be utilized by the wrecker service. In addition,
a separate application for the operation of the wrecker service business
shall be completed.
(b) Wrecker
Service Form.
The vehicle applications shall be on a
form provided by the chief of police and shall contain at a minimum
the following information:
(1) Name, home address and business address of applicant;
(2) The names and addresses of all operators to be utilized by the applicant,
pursuant to this article;
(3) A description of the wrecker vehicles and equipment to be utilized
by applicant, pursuant to this article;
(4) A statement that the equipment utilized in the operation of a permitted
wrecker service shall include the following items:
(A) Each tow truck shall not be less than three-quarter-ton and be equipped
with booster brakes;
(B) Each truck shall be equipped with a power or hand operated winch,
winch line and boom with a factory-rated lifting capacity of not less
than ten thousand (10,000) pounds; and
(C) Each tow truck shall carry as standard equipment: tow bars, towing
dollies, safety chains, jack stands, a fire extinguisher, wrecking
bars, booms, flares and an axe.
(5) A statement that the heavy duty tow truck complies with the requirements in subsection
(4) above unless this subsection specifies a different requirement.
(A) Each heavy duty tow truck must not be less than two and one-half
(2 1/2) tons in size; and
(B) Each heavy duty tow truck shall be equipped with a power operated
winch, winch line and boom, and a factory rated lifting capacity of
not less than thirty-two thousand (32,000) pounds, single or double
line capacity; and
(C) Towing dollies are not required.
(6) A statement that each wrecker shall have inscribed on each side,
in letters not less than three (3) inches in height, the name, address
and telephone number of the wrecker business.
(7) A statement that each wrecker shall be equipped with an overhead
flashing emergency light which shall be capable of rotating and visible
at a distance of fifteen hundred (1,500) feet in all directions.
(Ordinance 96-12-03 adopted 12/3/96)
The applications for wrecker service business shall be on a
form provided by the chief of police and shall contain at a minimum,
the following information:
(1) Name,
home address and business address of applicant;
(2) The
names and addresses of all operators to be utilized by the applicant
pursuant to this article;
(3) A description
of the wrecker vehicles and equipment to be utilized by applicant
pursuant to this article;
(4) A statement
of the applicant's fees for towing and storage services, including
but not limited to the following:
(A) Charges for basic vehicle, truck and motorcycle tows;
(B) Charges for uprighting an overturned vehicle;
(C) Charges when the drive line must be disconnected for towing;
(D) Charges for changing a tire to accommodate towing;
(E) Charges for use of additional dolly wheels;
(F) Charges for any specialized equipment;
(G) Charges for use of winch pulling;
(H) Charges for use of trailer or flatbed for hauling;
(J) Charges for additional staff.
(5) Each
wrecker shall have inscribed on each side, in letters not less than
three (3) inches in height, the name, address and telephone number
of the wrecker business.
(6) Each
wrecker shall be equipped with an overhead dash emergency light which
shall be capable of rotating and visible at a distance of fifteen
hundred (1,500) feet in all directions.
(7) Certification
from the county's tax department that the applicant has no delinquent
taxes due to the city at the time of application.
(Ordinance 96-12-03 adopted 12/3/96)
Every wrecker service or wrecker service vehicle application
shall be accompanied by a nonrefundable inspection fee in the sum
set forth by the city council by resolution, for each wrecker and
wrecker service proposed to be operated in the corporate limits of
the City of Hillsboro.
(Ordinance 96-12-03 adopted 12/3/96)
The applicant shall procure, and keep on file with the chief
of police a policy of public liability and property damage insurance
or a certificate of insurance, issued by an insurance company which
is authorized to do business in this state and in the standard form
approved by the board of insurance commissioners of the state. The
amounts of coverage on each wrecker shall be in conformity with the
limits established by the State of Texas.
Each tow truck must be insured to meet the requirements of all
other applicable statutes.
(Ordinance 96-12-03 adopted 12/3/96)
In addition to a wrecker service permit authorizing a person
to engage in the wrecker business, there shall be a wrecker vehicle
permit issued for each wrecker vehicle owned and operated by the applicant
and a police pull permit to authorize the performance of police pulls.
No person shall operate a wrecker on the public streets of the City
of Hillsboro, unless a wrecker service permit to engage in the wrecker
business has been issued to the owner of such wrecker and no wrecker
shall be operated on the public streets of the City of Hillsboro unless
and until a wrecker vehicle permit for such wrecker has been issued.
No permit designated under this article shall be transferable and
every permit shall expire at midnight on the three hundred sixty-fifth
(365th) day after its issuance.
(Ordinance 96-12-03 adopted 12/3/96)
No permit shall be required for the following activities:
(1) The
transportation of a vehicle by a non-resident wrecker operator from
an originating point of origin outside the city to some destination
within the city.
(2) The
transportation of a vehicle by a non-resident wrecker operator to
some point outside the city and traversing through the city to some
other destination outside the city.
(3) The
transportation of a vehicle by a non-resident wrecker operator at
the request of the owner or operator of a vehicle which is located
within the city and the tow is not a police pull.
(Ordinance 96-12-03 adopted 12/3/96)
Each application for a permit, required by this article, shall
contain a stipulation to the effect that the applicant accepts the
permit, if granted, upon the condition that it may be suspended for
good cause at any time by the city manager, chief of police, or a
designee of the aforementioned; provided however, that the applicant
shall have the right to appeal and a hearing before the city council,
and if the city council concurs in the action of the city manager,
chief of police or their designee in the suspension of the permit,
the decision shall be final.
(Ordinance 96-12-03 adopted 12/3/96)
If any application for a permit is refused, the applicant shall
be privileged to make another application at any time thereafter upon
showing that the reason for such rejection of the application no longer
exists.
(Ordinance 96-12-03 adopted 12/3/96)