Pursuant to the authority granted by the laws of the State of
Texas, the chief of police has the power to have a vehicle towed as
a police pull when the vehicle meets one or more of the following
criteria:
(1)
junked
vehicles;
(2)
an
illegally or unauthorized parked vehicle;
(3)
vehicles
rendered disabled after an accident and not excepted under Section
4.1132 of this article;
(4)
arrest
of the operator of a vehicle;
(5)
at
the request of the owner or operator of a vehicle;
(6)
pursuant
to the lawful order of a court; or
(7)
any
other instance where a police officer takes constructive custody of
a vehicle pursuant to state law.
(Ordinance 96-12-03 adopted 12/3/96)
(a)
It
shall be unlawful for any person to engage in the operation of a wrecker
service for police pulls within the corporate limits of the City of
Hillsboro without first obtaining a police pull permit to do so.
(b)
It
shall be unlawful for any person to engage in the operation of any
vehicle for police pulls within the corporate limits of the City of
Hillsboro without first obtaining a wrecker vehicle permit to do so.
(c)
No
wrecker service shall be utilized for police pulls within the corporate
limits of the City of Hillsboro without first having obtained the
requisite permits pursuant to this article.
(Ordinance 96-12-03 adopted 12/3/96)
Every person desiring to provide a wrecker or towing service
for police pulls within the corporate limits of the City of Hillsboro
shall first obtain a wrecker service permit and police pull permit
from the chief of police and shall acquire wrecker vehicle permit
for each and every vehicle to be used in said business. It shall be
unlawful to engage in a wrecker or towing business or performing police
pulls within the corporate limits of the City of Hillsboro without
first obtaining the requisite permits, regardless of whether the business
is located inside or outside the city, except as provided by this
article.
(Ordinance 96-12-03 adopted 12/3/96)
Application for a permit to perform police pulls within the
City of Hillsboro shall be in writing, signed and sworn to by the
applicant, and shall be filed with the chief of police. The application
shall be on a form provided by the chief of police and shall include
the information required in Division 2 of this article and shall include
the following additional information:
(1)
Prior
criminal convictions of applicant and applicant's wrecker operators,
excluding minor traffic violations;
(2)
A description
of all wrecker vehicles and equipment to be utilized by applicant
pursuant to this article;
(3)
A statement
that the applicant has and will maintain in operation and available
for police pulls, at all times, at least one (1) wrecker with the
minimum requirements set forth in Division 2 of this article;
(4)
A statement
that the applicant has and will maintain sufficient personnel to perform
the following functions: operate the minimum equipment; dispatch the
equipment; secure property in the storage lot and release impounded
vehicles every day of the year; and operate on a sufficient basis
to perform police pulls;
(5)
A statement
that all the applicant's wreckers are and will continue to be equipped
with two-way commercial radio equipment;
(6)
Certification
from the county's tax department that the applicant has no delinquent
taxes due to the city at the time of application;
(7)
Such
other information as the chief of police finds reasonably necessary
to effectuate the purpose of this article and to arrive at a fair
determination of whether the terms of this article have been complied
with.
(Ordinance 96-12-03 adopted 12/3/96)
Every application, excluding police pull permits when filed,
shall be accompanied by a nonrefundable inspection fee, in the sum
set forth by the city council by resolution for each wrecker proposed
to be operated.
(Ordinance 96-12-03 adopted 12/3/96)
The applicant shall procure and keep on file with the chief
of police 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,
which policy shall include the city as a named insured, covering any
loss or damage that may arise to any person or property by reason
of the operation of a tow truck of such company and providing the
amount of recovery on each wrecker shall be in limits of not less
than the following sums:
(1)
Each
tow truck must have liability insurance to provide insurance covering
damage excepting the towed vehicle for which the tow truck owner is
liable.
(A)
Each tow truck with a gross weight of twenty-six thousand (26,000)
pounds or less must carry three hundred thousand dollars ($300,000)
combined single limit coverage.
(B)
Each tow truck with a gross weight of over twenty-six thousand (26,000)
pounds must carry five hundred thousand dollars ($500,000) combined
single limit coverage.
(2)
Each
tow truck must have tow truck cargo, on-hook of similar type insurance.
It is the intent of this subsection to provide insurance covering
damage to the towed vehicle while it is in the care, custody and control
of the tow truck owner and for which said owner is liable. It is the
further intent of this subsection that the insurance cover damage
to the towed vehicle that is the direct or indirect result of an improper
hookup.
(A)
Each tow truck with a gross weight of twenty-six thousand (26,000)
pounds or less must carry cargo, on-hook or similar type insurance
in an amount of not less than twenty thousand dollars ($20,000). In
lieu of this coverage, each tow truck may have garagekeeper's legal
liability insurance with direct primary coverage options in an amount
of not less than twenty thousand dollars ($20,000) to cover damage
to the towed vehicle.
(B)
Each tow truck with a gross weight of over twenty-six thousand (26,000)
pounds and a tandem axle must carry cargo, on-hook insurance for the
coverage of a towed vehicle an amount of not less than thirty-five
thousand dollars ($35,000). In lieu of this coverage, each tow truck
may have garagekeeper's legal liability insurance with direct primary
coverage options in an amount of not less than thirty-five thousand
dollars ($35,000) to cover damage to the towed vehicle.
|
Each tow truck must be insured so as to meet the requirements
of all other applicable statutes in addition to meeting the insurance
requirements set forth in this article.
|
(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 by the applicant. No
person shall perform police pulls in the city unless a police pull
permit has been issued to the owner of such wrecker service. No permit
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 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)
In the event that more than one permit is issued to perform
police pulls within the City of Hillsboro, the chief of police shall
develop and implement a policy and administrative procedure for rotating
dispatches between police pull permit holders. Such policy and procedure
shall be reduced to writing and a copy given to each police pull permit
holder.
(Ordinance 96-12-03 adopted 12/3/96)
The City of Hillsboro may, at the discretion of the city council,
enter into an agreement with one or more permitted wrecker services
to provide police pull services in the City of Hillsboro.
(Ordinance 96-12-03 adopted 12/3/96)
Members of the police department may inspect each wrecker and/or
storage facility used by the permit holder at reasonable times during
the application or permit period to insure compliance with the requirements
of this article.
(Ordinance 96-12-03 adopted 12/3/96)
