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.
(1994 Code, sec. 4.140)
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.
(1994 Code, sec. 4.141)
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 provided
by the city and which shall contain the following information and
be accompanied by the application fee established by the city council:
(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, 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 a 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.
(1994 Code, sec. 4.142)
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 secretary and such license
shall be issued.
(1994 Code, sec. 4.144)
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 article at any time since the license was issued;
(3) The
applicant or licensee committed any violation of state law 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 (2) at-fault accidents within
the last three (3) years;
(6) The
applicant or licensee has more than two (2) convictions for moving
violations under the motor vehicle traffic laws of the state within
the last one year or three (3) or more moving violations of the motor
vehicle traffic laws of the state within two (2) 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
ten (10) years, or has been placed on probation, or convicted of a
crime involving moral turpitude within the last three (3) years.
(1994 Code, sec. 4.145)
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 (10) days of written notice of such finding, which appeal
shall be perfected by delivering, in writing, seven (7) 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 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 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 be final.
(1994 Code, sec. 4.146)
A wrecker operator’s license issued under this article
shall be valid for one (1) year from the date of issuance. Applications
for renewal and the renewal fee must be received thirty (30) days
prior to the license expiration date.
(1994 Code, sec. 4.148)