When used in this article, the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
Estimated time of arrival.
Any motor vehicle used for the purpose of towing or removing
disabled or wrecked vehicles.
The business of towing or removing disabled or wrecked vehicles
on the public streets, regardless of whether the purpose of the towing
is to remove, repair, wreck, store, trade, or purchase such disabled
or wrecked vehicles.
The rotation list of wrecker businesses prepared and utilized
by the city.
(Ordinance 211-91, sec. 1, adopted 7/9/91)
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this article shall be fined not more than
five hundred dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
(Ordinance 211-91, sec. 14, adopted 7/9/91)
(a)
Each
and every individual, business, corporation or entity desiring to
engage in the business of providing vehicle wrecker service within
the corporate limits of the city shall make application in writing,
on a form provided for that purpose, to the chief of police for a
license to engage in the wrecker service business and for an inspection
certificate for each wrecker vehicle proposed to be operated by such
business. Such application shall contain the name, address and telephone
number of the applicant, and the number and types of wrecker vehicles
proposed to be operated, and such application shall also contain the
name, address and telephone number of each operator of the wrecker
equipment, and the same information pertaining to the true owner of
the company concerned, if he or she is different from the individual
or entity identified in the initial portion of the application.
(b)
Every
application, when filed, shall be sworn to by the applicant and accompanied
by an inspection and license fee in the amount of $50.00 for each
wrecker vehicle proposed to be operated by said business of the applicant,
and this fee shall be nonrefundable.
(Ordinance 211-91, sec. 2, adopted 7/9/91; Ordinance 224-92, sec. 1, adopted 10/13/92)
The police chief of the city shall issue a permit to engage
in the vehicle wrecker service business to all applicants complying
with the provisions of this article and shall issue a permit to all
wrecker vehicles of such applicants so complying. No permit authorizing
the operation of a wrecker on the streets of the city shall be issued
unless the following requirements are met and certified by the chief
of police:
(1)
Each
wrecker shall not be less than one-half ton in size;
(2)
Each
wrecker vehicle shall be equipped with a power or hand operated winch,
winch line and boom, with a factory-rated lifting capacity (or a city-tested
capacity) of not less than five thousand pounds, single line capacity;
(3)
Each
wrecker vehicle shall carry as standard equipment: tow bar, safety
chains, a fire extinguisher, wrecking bar, broom, axe, shovel, flags
and flares;
(4)
Each
wrecker vehicle shall have inscribed on each side thereof, in letters
not less than three inches in height, the name and address of the
licensee. In addition, each wrecker shall have inscribed on each side
thereof, in letters no less than one and one-half inches in height,
the issued inspection certificate number proceeded by the letters
“JW,” which indicate a “Joshua Wrecker.”
(5)
Each
wrecker shall be equipped with at least one 360-degree rotary beacon
light which can display a yellow or amber flashing light for a distance
of at least three hundred feet during the daylight hours. Such beacon
shall be permanently mounted on the uppermost portion of said wrecker.
(6)
Each
applicant agrees to operate the service within all requirements of
state law and other applicable ordinances of the city.
(7)
Each
wrecker vehicle shall be equipped with a two-way radio or other communications
equipment capable of contacting the police department communications
officer.
(8)
Each
applicant shall procure and keep in full force and effect and deposit
with the chief of police a certificate of an underwriter that the
applicant has in force policies of insurance issued by an insurance
company authorized to transact business in the state on the standard
form approved by the state board of insurance, with the insuring provision
of such policy including the city as insured, and the coverage provision
insuring the public from any loss or damage that may arise to any
person or property by reason of the operation of a wrecker vehicle
of such company and providing that the amount of recovery on each
wrecker shall be limits of not less than the following sums:
(A)
A garage liability policy covering the operation of the applicant’s
own business equipment or vehicles for bodily injuries in the amount
of $100,000.00 for any person killed or injured and $300,000.00 for
more than one person killed or injured in any one accident;
(9)
No
license shall be issued if any delinquent taxes are due the city by
the vehicle wrecker company.
(10)
A license shall not be issued if the applicant has been convicted
of or is currently under indictment for a felony or offense involving
moral turpitude.
(11)
A license shall not be issued unless the applicant provides an adequate
storage area located within ten (10) miles of the corporate limits
of the city. Such storage area shall have sufficient lighting and
other necessary precautions to deter theft. Such storage areas shall
be enclosed by a fence at least six feet in height, and such fence
shall be constructed of materials which tend to deter unauthorized
and/or illegal entry. Every vehicle storage facility must be licensed
by the state.
(Ordinance 211-91, sec. 3, adopted 7/9/91; Ordinance 224-92, sec. 2, adopted 10/13/92)
Wrecker vehicle operations shall be required to file for a permit
to engage in the vehicle wrecker business within the corporate limits
of the city. In order to obtain such a permit, the applicant shall
complete a permit application with the chief of police of the city
on the forms provided for such purpose by the city. Said application
shall require the name of the proposed vehicle operator, the address
of the vehicle operator, the telephone number at which the vehicle
operator can generally be reached, the type of operator’s license,
and the operator’s or driver’s license number of the proposed
operator.
(Ordinance 211-91, sec. 4, adopted 7/9/91)
(a)
In
addition to a license authorizing a person to engage in the wrecker
business, there shall be issued an inspection certificate for each
approved wrecker vehicle owned by the applicant. Each inspection certificate
for a wrecker vehicle shall state that such wrecker has been inspected
and approved under the direction of the chief of police and shall
be affixed securely to the inside of the windshield of the appropriate
vehicle. No person shall operate a wrecker on the public streets of
the city unless a license to engage in the wrecker business has been
issued to the owner of such wrecker. No license shall be transferable,
and every license shall expire at the end of one year from the date
of issuance.
(b)
Every
person authorized to operate a wrecker business for the city shall
present his wrecker vehicles at the police station of the city for
a complete inspection by the police department once every year during
the life of any license or permit issued to individual operators for
the privilege of operating a wrecker service.
(c)
No
person shall operate a wrecker vehicle on the public streets of the
city unless an inspection certificate for such wrecker has been issued
by the chief of police, and no person shall operate a wrecker vehicle
on the public streets of the city unless the certificate duly issued
to such wrecker is posted on the windshield of such wrecker is provided
in this section.
(Ordinance 211-91, sec. 5, adopted 7/9/91)
(a)
The
licenses and permits provided for in this article may be revoked on
any of the following grounds:
(1)
If the license or permit was procured by fraudulent conduct or false
statement of material fact, or a fact concerning the applicant was
not disclosed at the time of his making application that would have
constituted just cause for refusing to issue the permit;
(2)
If the permittee has been guilty of the violation of any of the provisions
of this article;
(3)
If the driver or operator of a wrecker vehicle is drunk or disorderly,
or his or her conduct is such as to contribute to an emergency rather
than to aid it;
(4)
If the permittee is on the wrecker rotation list and has refused
to tow a vehicle at the request of the police department. However,
the wrecker service shall retain the right to call the dispatcher
and temporarily remove itself from service for the purpose of making
repairs to equipment, etc.
(b)
Such
license or permit revocation shall terminate all authority and permission
heretofore granted by the license or permit to the applicant. Any
person whose license or permit has been revoked shall not be eligible
to again apply for a license or permit for a period of one year from
the date of such revocation.
(Ordinance 211-91, sec. 6, adopted 7/9/91)
All individuals, businesses, corporations or entities seeking
to acquire any license or permit under the terms and conditions of
this article shall be required to execute the following agreement:
“I (name), covenant and agree to, and by these presents do hereby
fully indemnify, hold harmless and defend the city, its officers,
agents and employees from and against any and all claims, suits or
causes of actions of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or
property, including death, arising out of or incident to the operation
of such vehicle wrecker service and all other such operations arising
under, or otherwise incident to, the towing or storage of motor vehicles.”
(Ordinance 211-91, sec. 7, adopted 7/9/91)
The vehicle wrecker company, or the individual garage keeper,
agent or representative, is responsible when towing away a motor vehicle
impounded by the police department for the safe return of the motor
vehicle and all contents therein to the lawful owner upon direction
of the municipal police department.
(Ordinance 211-91, sec. 8, adopted 7/9/91)
It is unlawful for any person operating a wrecker or towing
service within the city in, on or along any street or other public
place to tow a wrecked car or motor vehicle without first removing
from the street or other public place any broken glass in the vicinity
of such wrecked car or motor vehicle, or other debris or junk; provided
such wrecking or towing service may clear the street for travel immediately
prior to removing the glass, debris or junk.
(Ordinance 211-91, sec. 9, adopted 7/9/91)
This article is not and shall not be held applicable to bona
fide auto dealers as long as they are handling their own vehicles
and not operating a commercial wrecker business.
(Ordinance 211-91, sec. 10, adopted 7/9/91)
(a)
When
filing an initial application for a license, or at any time subsequent
thereto, a vehicle wrecker service may also make an application, in
writing, to the chief of police for placement on the wrecker rotation
list. If the individual wrecker service is in full compliance with
all other provisions of this article, its name shall be placed upon
the rotation list in the order of its application.
(b)
When
a municipal police officer of the city makes a determination that
a vehicle wrecker is necessary to remove a disabled vehicle or to
clear an obstruction on a public roadway, he will notify the police
dispatcher, giving the time of his request and the location where
the vehicle wrecker is needed, and identifying the vehicle or vehicles
to be removed. The police dispatcher shall then commence with the
first name on the vehicle wrecker rotation list and shall contact
that wrecker service or operator and request wrecker assistance as
requested by the police officer on the scene. Upon receipt of the
next request for vehicle wrecker service from a police officer in
the field, the police dispatcher shall go to the next wrecker service
on the rotation list, contact that service and request that it dispatch
a wrecker unit to the scene. To insure that the rotation list is properly
utilized, the police department will maintain a master list and will
establish a rotation procedure to insure that the correct rotation
sequence is consistently used. When a wrecker service on the authorized
wrecker service rotation list is contacted by the police department
and requested to respond by the police dispatcher, the individual
wrecker operator shall be required to give his ETA at the scene. In
the event of a major emergency involving a number of vehicles requiring
removal from public rights-of-way, the police department may temporarily
abandon the rotation list and utilize the most easily accessible and
available wrecker service. As soon as the extraordinary condition
has been resolved, the police department will return immediately to
use of the regular rotation list. It is the intent of the city council
that an emergency departure from the rotation list occur only during
the most extraordinary situations and that such deviation should be
held to an absolute minimum. At any time that the police department
departs from use of the regular wrecker rotation list, a written report
shall be directed to the city council at its next regular meeting
containing the following information: the date and time upon which
a deviation from the list was made, the nature of the emergency or
circumstances requiring abandonment of the list, and the time at which
the unusual situation was resolved and use of the regular rotation
list was resumed.
(c)
When
a police dispatcher dispatches a request to the first name on the
vehicle wrecker rotation list for assistance in removing a disabled
vehicle or any other obstruction on a public roadway, the wrecker
service shall have an estimated time of twenty (20) minutes to respond
to the request and arrive on the scene. If, for any reason, the respond
time by a wrecker service exceeds an estimated time of twenty (20)
minutes on at least two (2) separate occasions within a four-month
period, the wrecker service shall be withdrawn from the rotation list
for a period of time not to exceed one (1) year, notwithstanding any
unusual and/or unique situation that hampers the wrecker service from
arriving on the scene within the mandatory time frame. Such unique
situation will be reviewed by the chief of police as to its legitimacy.
At the expiration of one (1) year, written application to the chief
of police can be made for replacement on the wrecker rotation list.
The chief of police is granted full discretion in reviewing the application
for replacement to ensure that compliance with the suspension time
and all other provisions of this article has been made. If the applicant
is denied replacement on the rotation list, written notice of an appeal
can be made within twenty (20) days after denial to the city council.
(d)
Each
wrecker service placed on the authorized rotation list shall have
a secured area to store wrecked, disabled or impounded motor vehicles;
all vehicles that are towed will be placed inside these facilities.
Secured areas shall be surrounded by a six-foot chain-link fence with
at least three strands of barbed wire on the upper portion of the
fence. Fencing shall be a minimum of seven feet in total height. Structures
consisting of a fully enclosed building with secure lockable doors
shall also be acceptable as a secured area.
(e)
In
addition to any minimum requirements for vehicle wreckers contained
elsewhere in this article, each wrecker service placed upon the official
wrecker service rotation list shall have at least one wrecker vehicle
a minimum of three-quarter ton in size, equipped with a power operated
winch, winch line and boom.
(Ordinance 211-91, sec. 11, adopted 7/9/91)
