Accident.
Any occurrence which renders a vehicle wrecked or disabled.
Contract Holder.
The emergency wrecker company which has a contract with the
city to provide emergency wrecker service within the city.
Disabled Vehicle.
A vehicle that reasonably requires removal by a wrecker because
it:
(1)
Has been rendered unsafe to be driven as the result of some
occurrence other than a wreck, including, but not limited to, mechanical
failure, breakdown, fire, or vandalism; or
(2)
Is in a safe driving condition, but the owner is not present,
able or permitted to drive.
Emergency Wrecker Company.
A person who owns, controls, or has a financial interest
in one (1) or more emergency wrecker services.
Emergency Wrecker Service.
The business of towing or removing wrecked, disabled, or
abandoned vehicles from the streets upon request of the chief of police
or his designate.
Owner.
A person who holds legal title of a vehicle or who has the
right of possession of a vehicle or legal right of control of a vehicle.
Person.
An individual, assumed name entity, partnership, joint venture,
association, corporation, or other legal entity.
Wrecked Vehicle.
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.
Wrecker.
A vehicle designed to be used primarily for moving disabled
or wrecked vehicles upon any street.
(Ordinance 1662-06, sec. 1, adopted 3/21/06)
No person may drive a wrecker to the scene of an accident on
the streets of the city unless the person has been called to the scene
by the chief of police.
(Ordinance 1662-06, sec. 1, adopted 3/21/06)
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 scene by the chief
of police, within one (1) hour after the happening of an accident,
is prima facie evidence of a solicitation in violation of this section.
(Ordinance 1662-06, sec. 1, adopted 3/21/06)
(a) No person
may engage in emergency wrecker service in the city without having
an emergency wrecker contract from the city. The contract is not assignable
or transferable. The contract between the city and an emergency wrecker
company authorizes the contract holder and his bona fide employees
to engage in emergency wrecker service in the city.
(b) The
owner of an emergency wrecker company shall register the trade name
of his wrecker company with the chief of police and shall affix the
name to the outside of both doors of each wrecker which is approved
for operation under the terms of this article.
(Ordinance 1940-13 adopted 4/2/13)
In addition to the powers and duties elsewhere prescribed in
this article, the chief of police is authorized to:
(1) Administer
and enforce all provisions of this article.
(2) Keep
records of all contracts issued, suspended, or revoked.
(3) Keep
records of all authorized emergency vehicles.
(4) Adopt
rules and regulations, after reasonable notice to the contract holder,
not inconsistent with the provisions of this article, with respect
to the form and content of applications, the receipt thereof, the
investigation of applicants and other matters incidental or appropriate
to his power and duties as may be necessary for the proper administration
and enforcement of the provisions of this article.
(5) Adopt
new procedures related to wrecker service within the city for experimentation
on a temporary basis, after reasonable notice to the contract holder.
(6) Conduct,
when appropriate, periodic investigations of contract holder.
(7) Require
periodic reports, as necessary, to evaluate each emergency wrecker
company’s operations.
(8) Require
that vehicles be stored in a maximum security indoor area either located
at the impoundment facility or another location approved by the chief
of police.
(Ordinance 1662-06, sec. 1, adopted 3/21/06)
(a) An emergency
wrecker company contract holder shall comply with the following requirements
and procedures:
(1) Maintain
twenty-four (24) hour wrecker.
(2) Arrive
at the accident within a reasonable time after having been notified
to do so by the chief of police or his designee, such response time
generally not to exceed twenty (20) minutes.
(3) Deliver,
in every instance, the wrecked or disabled vehicle to a location designated
by the chief of police or his designee.
(4) Report
to the chief of police, or his designate, all changes in emergency
wreckers, drivers and equipment used in the contract holder’s
emergency wrecker service and render all additional vehicles for inspection
by the chief of police or his designee.
(5) Employ
emergency wrecker drivers who have driving records acceptable to the
chief of police or his designee in light of the safety of the citizens
of the city.
(6) Completely
remove from the site of an accident all resulting wreckage of debris,
including all broken glass, but excluding truck or vehicle cargoes,
before leaving the site.
(7) Each
qualified applicant shall provide evidence with the application of
having the ability to provide an auto pound satisfying the following
standards:
(A) If located outside the city, such auto pound must be within ten (10)
miles of the nearest boundary of the city and must satisfy all requirements
of the jurisdiction in which it is located.
(B) Be licensed by the state as an approved storage facility.
(b) Nothing
in this article shall be construed to permit operation of a wrecker
as an authorized emergency vehicle.
(Ordinance 1923-12 adopted 7/17/12)
(a) The
wrecker service contractor may only charge and collect the fees and
charges approved by the city and applicable state laws or regulations.
(b) The
wrecker service contractor shall collect and remit to the city a one-time
administrative fee of $15.00 per impoundment. This fee shall be paid
by the 10th day of each calendar month to the city as specified by
the contract.
(Ordinance 1940-13 adopted 4/2/13)