Any person desiring a auto wrecker permit to operate an auto
wrecker in the city shall apply in writing to the chief of police,
and shall state the following in the 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.
(1994 Code, sec. 4.121)
After the applicant has filed an auto wrecker permit application,
permit fee, and certificate of insurance, and the city secretary has
examined same and found them to be in compliance with the terms of
this article, 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.
(1994 Code, sec. 4.124)
Every permit issued under the provisions of this article shall
be dated and numbered, shall bear upon its face a notice that the
same expires one (1) year from the date of issuance and shall show
the make, model, vehicle identification 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 decal or license tag issued to it by the
chief of police.
(1994 Code, sec. 4.125)
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 that 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 secretary
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, state license number, and decal or license tag, if
applicable.
(1994 Code, sec. 4.127)
The chief of police is empowered to prescribe regulations for
the displaying of signs on auto wreckers showing that the same have
been permitted under the provisions of this article. 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 (3") in height and located on the doors of the auto wrecker;
and
(2) The
address of the permit holder shall be two inches (2") in height and
located on the doors of the auto wrecker.
(1994 Code, sec. 4.128)
All permits issued under the provisions of this article are
nontransferable and shall be valid for a period of one (1) year from
the date of issuance. Applications for renewal and the renewal fee
must be received thirty (30) days prior to a permit’s expiration
date.
(1994 Code, sec. 4.129)
A permit issued under the provisions of this article must 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 article 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 city’s ordinances
regulating auto wreckers which involve safety or financial responsibility;
(4) The
permit holder has violated any rules or regulations issued by the
authority of the chief of police;
(5) There
have been two (2) or more violations of the city’s ordinances
regulating auto wreckers within any one (1) year period by any one
(1) driver operating a wrecker of the permit holder or by any other
agents or employees of the permit holder;
(6) There
have been two (2) or more moving violations of the motor vehicle traffic
laws of the state within any one (1) year by any one (1) driver while
operating a wrecker of the permit holder or three (3) or more moving
violations of the motor vehicle traffic laws of the state of any kind
within any two (2) years by any one (1) driver;
(7) The
permit holder knowingly supplied false or incomplete information to
obtain or maintain a permit;
(8) The
permit holder has been placed on probation or received deferred adjudication
for a felony or crime involving moral turpitude within the last three
(3) years or finally convicted of a felony or a crime involving moral
turpitude within ten (10) 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.
(1994 Code, sec. 4.130)
Upon the denial, suspension, cancellation, or revocation of
a permit issued under the provisions of this article, the applicant
or permit holder shall have the right to appeal such denial, suspension,
cancellation, or revocation to the city council within ten (10) days
of written notice of such decision, which appeal shall be perfected
by delivering, in writing, seven (7) copies of the same to the city
council, stating that an appeal from the decision is desired and the
facts regarding same. The city council will schedule a hearing as
soon as practicable after receiving such notice of appeal, and grant
a hearing thereof, and after the hearing of the appeal shall within
a reasonable period sustain, modify, or reverse the decision. If no
appeal is taken within the time provided above, the decision regarding
the permit shall be final; otherwise, the decision of the city council
shall be final.
(1994 Code, sec. 4.131)