This article shall be known and may be cited as the city wrecker ordinance.
(1996 Code, sec. 10.2401)
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word “shall” is mandatory and not merely directory.
Any occurrence which renders a vehicle wrecked or disabled.
The chief of police for the city or his designated agent.
An emergency wrecker company authorized to provide emergency wrecker service within the city.
A vehicle which has been rendered unsafe to be driven as the result of some occurrence other than a wreck, including, but not limited to, mechanical failure or breakdowns, fire, or vandalism, or a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a wrecker.
A person who owns, controls, or has a financial interest in one or more emergency wrecker services.
The business of towing or removing wrecked or disabled vehicles from the streets upon request of the chief of police.
A person who holds legal title to a vehicle, and who has legal right of possession of a vehicle, or legal right of control of a vehicle.
An individual, assumed name entity, partnership, joint venture, association, corporation, or other legal entity.
Any street, alley, avenue, lane, square, or highway within the corporate limits of the city.
Every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.
A vehicle that has been damaged as a result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker.
A vehicle designed to be used primarily for moving vehicles.
(1996 Code, sec. 10.2402)
No person other than a driver of a wrecker operated by a designated wrecker company may drive a wrecker to the scene of an accident on the streets of the city; provided, however, that in case of an emergency, the chief of police or his designee may authorize others to render specific services in connection with a specific emergency. Such authorization shall not extend to other situations or times.
(1996 Code, sec. 10.2403)
No person may solicit in any manner, directly or indirectly, on the streets of the city, the business of towing a vehicle which is wrecked or disabled on any street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing the vehicle. Proof of the presence of a person engaged in the wrecker business or the presence of a wrecker or motor vehicle owned or operated by a person engaged in the wrecker business, either as owner, operator, employee or agent, on a street in the city at or near the scene or site of an accident, which has not been called to the scene by the chief of police, within one hour after the happening of an accident, is prima facie evidence of a solicitation in violation of this section.
(1996 Code, sec. 10.2404)
No person may solicit any business at or near the scene of an accident which deals directly or indirectly with the towing, removing, repairing, wrecking, storing, trading or purchase of a wrecked or disabled motor vehicle, trailer or semi-trailer on the streets or sidewalks of the city, nor may a person solicit the business of towing, removing, repairing, wrecking, storing, trading, buying or offering to buy a wrecked or disabled motor vehicle, vehicle trailer, or semitrailer on the streets, sidewalks or any public place in the city by distributing an advertisement advertising a repair shop, garage, or place of business where the wrecked or disabled motor vehicle, vehicle trailer or semi-trailer may be repaired, stored, wrecked, traded, or purchased. Proof of the unauthorized presence of a person engaged in the business of towing, repairing, wrecking, storing, or offering to purchase or trade for a wreck or disabled motor vehicle, vehicle trailer or semi-trailer at or near the scene of an accident is prima facie evidence of solicitation in violation of this section.
(1996 Code, sec. 10.2405)
Each designated wrecker company shall comply with the following minimum requirements for service and equipment:
(2)
Provide emergency wrecker service on a twenty-four (24) hour basis, seven (7) days a week.
(3)
Provide a minimum of three (3) light-duty wreckers which meet the following requirements:
(A)
Each wrecker shall not be less than one (1) ton in size and be equipped with booster brakes;
(B)
Each wrecker shall be equipped with a hydraulic wheel lift mechanism or a roll-back car carrier;
(C)
Each wrecker shall carry, as standard equipment, a tow bar, towing dollies, safety chains, jack stands, fire extinguisher, wrecking bar, broom, shovel and flares; and
(D)
Each wrecker and all of its equipment shall be in safe and good working condition.
(4)
Provide, either itself or through subcontract with another emergency wrecker company, a heavy-duty wrecker which meets the following requirements:
(A)
Each heavy-duty wrecker must comply with the requirements of subsection (3) of this section unless a different requirement is specified in this section;
(B)
Each heavy-duty wrecker must be not less than five (5) tons in size; and
(C)
Each heavy-duty wrecker shall be equipped with a hydraulic wheel lift mechanism or a roll-back car carrier.
(5)
Provide a response time on a reasonably consistent basis of fifteen (15) minutes for a light-duty wrecker and forty-five (45) minutes for a heavy-duty wrecker.
(1996 Code, sec. 10.2406)
(a)
Each designated wrecker company shall procure and keep in full force and effect and shall keep on file with the state department of transportation automobile liability insurance that is combined single limit liability for bodily injury to or death of an individual per occurrence, and loss or damage to property (excluding cargo), per occurrence, or both, in limits of not less than the following:
(1)
Tow trucks (gross vehicle weight less than twenty-six thousand pounds): $300,000.00.
(2)
Commercial motor vehicles (gross vehicle weight in excess of twenty-six thousand pounds), including tow trucks: $500,000.00.
(3)
Cargo insurance in the amounts and types required by the current rules and regulations of the state department of transportation.
(b)
The insurance policy shall contain an endorsement which provides for thirty (30) days’ written notice to the chief of police or his designee in the event any such insurance coverage shall be cancelled or withdrawn. In lieu of the insurance coverage as required above, a designated wrecker company may qualify as self-insured under the applicable rules and regulations of the state department of transportation and furnish proof thereof to the chief of police or his designee.
(1996 Code, sec. 10.2407)
(a)
A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific service in a specific emergency shall charge the authorized fees for towing vehicles with a light-duty wrecker.
(b)
The rates specified for light-duty wreckers shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge an additional sum per hour for recovery time. The time for recovery time shall begin when the heavy-duty wrecker arrives on the scene, and shall end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter-hour increments.
(1996 Code, sec. 10.2408)
A designated wrecker company shall charge authorized fees for storing vehicles at its place of business.
(1996 Code, sec. 10.2409)
(a)
An emergency wrecker company desiring to provide emergency wrecker service within the city and which meets or exceeds the minimum requirements for service and equipment as specified in section 4.11.006 may apply to operate as a designated wrecker company. Application for designation shall be made to the chief of police in the manner in which he may require. The application shall contain evidence that such emergency wrecker company complies with each requirement specified in section 4.11.006.
(b)
After investigation and recommendation by the chief of police, the city council may designate an emergency wrecker company to provide emergency wrecker service within the city.
(1996 Code, sec. 10.2411)