No wrecker service shall engage in police pulls within the city
unless the service shall first have obtained from the city a registration
certificate pursuant to this article.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
The holder of a registration certificate to perform police pulls
within the city will receive the right to receive police pull calls
only. The issuance of such a certificate shall not be deemed to infer
that the city will utilize the certificate holder for city vehicle
towing and/or repair business. However, the city is not prohibited
by this article from using a certificate holder for such purposes.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
In order for any person to be eligible for a certificate, a
wrecker service must satisfy the following minimum requirements, both
at the time of issuance of the certificate and at all times during
the duration of the certificate:
(1) A
valid license to operate a vehicle storage facility issued by the
commissioner of licensing and regulation of the state.
(2) A
valid certificate of registration as a tow truck owner issued by the
commissioner of licensing and regulation of the state.
(3) A
valid incident management towing permit issued by the commissioner
of licensing and regulation of the state.
(4) No
fewer than two (2) one-ton or larger trucks with at least a four (4)
ton factory-rated wrecker mounted thereon, available for police pull
operations at all times.
(5) In
operation or otherwise at all times available for police pulls at
least one (1) five-ton truck with at least a sixteen (16) ton factory-rated
wrecker mounted thereon.
(6) A
storage lot which is fenced and locked with a capacity for at least
50 police pull vehicles. These facilities, serving as a city pound,
shall have a storage area constructed with a proper screening fence,
so as to create a segregated fenced area used for city police pulls
only.
(7) The
police pound shall be reasonably convenient to both the police and
the general public, and shall be located in the city or within one
(1) mile of a boundary of the city.
(8) Sufficient
personnel to operate the minimum equipment, dispatch the equipment,
secure property stored in the storage lot, and release impounded vehicles
on a full-time, 24-hours-per-day basis, every day of the year.
(9) Maintenance
in force of insurance policies of public liability and property damage
insurance on each tow truck to be issued by an insurance company authorized
to do business in the state and in the standard form approved by the
state board of insurance, in amounts not less than those required
to maintain an incident management towing permit issued by the commissioner
of licensing and regulation of the state. The policy shall contain
an endorsement providing for thirty (30) days’ notice to the
city in the event of any material change or cancellation of the policy,
name the city as an additional insured, and contain a waiver of subrogation
against the city.
(10) A minimum response time of twenty (20) minutes from the time of a
police call for wrecker dispatch to arrival at the service location.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
Application for a registration certificate to perform police
pulls within the city shall be in writing, signed and sworn to by
the applicant, and shall be filed with the city secretary. The application
shall contain at least the following information, but may contain
such additional information as the applicant feels important to consideration
of the application:
(1) The
name, date of birth (if a natural person) and address of the applicant;
if a partnership, the name, date of birth and address of each partner;
if a corporation, the name, date of birth and address of each officer/director,
the address of its principal place of business, and the name of its
registered agent. A certified copy of its articles of incorporation
and authority to conduct business in the state shall be attached to
the application.
(2) The
trade name under which the applicant does or proposes to do business,
together with proof of assumed name registration, if any.
(3) The
address of each place of business from which the applicant proposes
to operate.
(4) As
to each wrecker vehicle operated by the applicant, the model, size,
year, make, vehicle identification number, state license registration
number, a state tow truck certificate of registration information,
and a state incident management towing permit number.
(5) As
to each wrecker vehicle operated by the applicant, a statement that
the vehicle is currently and will remain licensed, inspected and registered
as a tow truck with an incident management towing permit with the
state.
(6) A
statement that the applicant has rendered for ad valorem taxation
all of the property used by his wrecker business.
(7) A
statement that all of the applicant’s wrecker vehicles are and
will remain in compliance with state tow truck requirements, as specified
in V.T.C.A., Occupations Code, ch. 2303, and the rules adopted pursuant
thereto by the state commission of licensing and regulations.
(8) A statement that all of the requirements of section
4.06.063 will be met or exceeded at all times during the duration of the certificate.
(9) A
statement indicating the fiscal year end used by the applicant for
accounting purposes in his wrecker service operation.
(10) A statement that the applicant is currently and will remain in compliance
with any regulations that permit the unlimited towing of all motor
vehicles and trailers by the applicant’s wreckers, in accordance
with this article, from any point within the city to any point within
the state and vice versa.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
(a) Upon
receipt of a complete application, the chief, or his designee shall
review the application. The chief may refuse to approve the issuance
of a registration certificate for one or more of the following reasons:
(1) Failure to comply with the eligibility requirements provided in section
4.06.063 of this article.
(2) The making by the applicant of any false statement or omission of
information as to a material matter in an application for registration.
(3) Conviction of the applicant, or an employee of the applicant or registration
holder for a violation of a provision of this article.
(4) Revocation of a registration certificate issued to the applicant
or any owner, partner or corporate officer of the applicant within
three years preceding the application pursuant to this section.
(5) Conviction of the applicant, or any owner, partner, corporate officer
or employee of the applicant of a felony, assault, fraud, burglary,
theft, DWI or other offense involving moral turpitude within five
years preceding the application.
(6) Suspension of a state license for any reason.
(7) Failure to comply with any of the requirements of this article.
(b) If
the chief denies an application for a registration certificate, written
notice shall be mailed to the applicant, at the address shown on the
application, by certified mail, return receipt requested. The notice
shall state the reason for denial.
(c) A
person who has received notice of the denial of his application for
a registration certificate shall have the right to request a hearing
before the city council for the purpose of appealing the denial.
(d) Notice
of appeal of the denial and request for a hearing shall be in writing
and delivered to the city secretary not later than five (5) days following
the receipt of the denial.
(e) Upon
receipt of the written notice of appeal, the city secretary shall
schedule the hearing for a time not later than thirty (30) days following
the date of receipt of said notice, and not earlier than ten (10)
days, unless such time frames are extended or modified by agreement.
(f) The
written notice of appeal shall state the reason for the appeal in
language setting forth the certificate holder’s position and
cause for appeal of the decision of the chief. The decision of the
city council shall be final.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
No registration certificate issued hereunder shall be transferable
without the consent of the chief. A purported transfer without such
consent shall cause an immediate suspension of such certificate. The
term “transfer” shall include a transfer of a majority
interest of ownership in the wrecker service business.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
A registration certificate issued under this article shall remain
in effect until:
(1) The
chief determines that the registration certificate has become subject
to suspension or revocation by authority of this article;
(2) The
certificate holder decides to discontinue doing business under the
authority of the certificate. Any certificate holder who wishes to
cease doing business under the certificate must provide the city with
written notice of such intent not less than ninety (90) days prior
to the date the holder intends to cease doing business.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
The chief shall administratively review a registration certificate
annually to ensure the certificate holder’s continued compliance
with this article. A certificate holder shall provide all information
reasonably requested by the chief in order to allow for a complete
annual review. Failure of the certificate holder to maintain compliance
with the requirements of this article, or to cooperate with the chief’s
annual review shall be grounds for revocation of the registration
certificate.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
(a) Municipal fee.
Each holder of a certificate shall pay
to the city a municipal fee of forty-five dollars ($45.00) for each
vehicle the certificate holder tows from police pulls, except for
those vehicles that go to auction. The payments shall be due on or
before the tenth day of each month, with the amount due being based
upon number of police pulls for the preceding calendar month for vehicles
that did not go to auction. The payments shall be made to the finance
director of the city.
(b) Report required.
Each certificate holder shall also
submit, with the above payment, a written report listing all vehicles
towed as a result of a police pull. The list shall contain at least
the following information: Date, invoice number and DPS incident number.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
Any registration certificate may either be suspended for up
to six (6) months or permanently revoked by the chief as provided
in this division.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
The chief may suspend or revoke the certificate for the following
reasons:
(1) Breach
of the terms or conditions of this article;
(2) Failure
to respond to police pull calls in a timely manner;
(3) Failure
to pay when due the flat fee per vehicle pulled owed to the city;
(4) Failure
to maintain required records and provide access thereto;
(5) Failure
to comply with any state requirements for the operation of wrecker
service or storage facility;
(6) Failure
to comply with any notice requirement of this article.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
(a) Every
suspension or revocation order shall be in writing, dated and signed
by the chief. The order shall set forth, in detail, the cause or causes
of such suspension or revocation. The notice shall be sent to the
certificate holder by certified mail or personal service.
(b) A
certificate holder who has received a notice of suspension or revocation
shall have the right to request a hearing before the city council
for the purpose of appealing the suspension or revocation.
(c) Any
appeal raised by a certificate holder shall stay the suspension or
revocation until such time as the matter is heard in the manner herein
provided.
(d) Notice
of appeal of the suspension or revocation and request for a hearing
shall be in writing and delivered to the city secretary not later
than five (5) days following the receipt of the order of suspension
or revocation.
(e) Upon
receipt of the written notice of appeal, the city secretary shall
schedule the hearing for a time not later than thirty (30) days following
the date of receipt of said notice, and not earlier than ten (10)
days, unless such time frames are extended or modified by agreement.
(f) The
written notice of appeal shall state the reason for the appeal in
language setting forth the certificate holder’s position and
cause for appeal of the decision of the chief. The decision of the
city council shall be final.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
Upon revocation of a certificate, the certificate holder shall
be ineligible for a new certificate for a period of one (1) year.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
After suspension of a certificate, a certificate holder may file with the chief a written request for reinstatement. This request must be made to the chief within one (1) day of the receipt of the notice of the action of the chief and the chief shall rule on the request within 48 hours after receipt of same. This procedure shall in no way affect the running of the time for filing a notice of appeal as provided in section
4.06.072 hereof.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)