For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An occurrence in the operation of a motor vehicle that results
in injury to any person or property.
Wherever the term chief of police appears in this article,
the same shall mean the chief police official of the city and such
other police department official as he or she shall designate.
Any vehicle which had been rendered unsafe to be driven upon
the streets as the result of some occurrence other than a wreck, reasonable
requiring that such vehicle be removed by a wrecker.
A wrecker not less than two tons in size.
A request made to the wrecker company by a police officer
on behalf of the police department to maintain custody of a vehicle
until approval to release the vehicle to the proper owner is given
by the police department.
Any vehicle which is self-propelled.
Operator or owner of a wrecked or disabled vehicle may select
a wrecker company to remove his or her vehicle and authorize the police
department to call that wrecker company on behalf of the individual.
City police department.
When the police department has called a wrecker company from
the rotation list to remove a wrecked or disabled vehicle or to remove
a vehicle in a safe driving condition when the driver is absent, in
custody or otherwise incapable of making authorization.
Supermarkets or shopping center parking lots, parking areas
provided by business establishments for the convenience of their customers,
clients or patrons and parking areas owned and operated for the convenience
of, and commonly used by the public.
Any property owned by a governmental entity.
A wrecker company that operates a wrecker company and a licensed
storage facility within the city limits, as approved by the chief
of police.
When the operator of a wrecked or disabled vehicle fails
to designate a specific wrecker operator to remove the vehicle and
he or she has authorized the police department to call a wrecker or
heavy duty wrecker from the appropriate rotation list, a police initiated
pull will utilize the same rotation list. The chief of police will
establish fair and equal rotation lists for both wreckers and heavy
duty wreckers, consisting of no more than five (5) wrecker companies.
The wrecker company that is the wrecker on call for that
rotation period, usually 24 hours.
Any street, alley, avenue, lane, public place or highway
within the corporate limits of the city.
A vehicle equipped with a lifting device which is designed,
made or adapted to tow or carry other vehicles but which does not
meet the minimum requirement for a wrecker. Vehicles which are commonly
referred to as “two-car haulers” or “three-car haulers”
are included in this definition of tow truck.
Any 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 motor vehicle used for the purpose of towing or removing
disabled or wrecked vehicles which meets all the state wrecker requirements.
The status of any vehicle that has been damaged as the result
of an accident so as to reasonably require that such vehicle be removed
by a wrecker.
Any wrecker company that hauls, tows or in any way moves
vehicles by the use of a wrecker or tow truck.
Any individual, corporation, partnership or association engaged
in the business of towing vehicles on public streets or highways for
compensation or with the expectation of compensation for the towing,
storage or repair of vehicles. The term wrecker company includes the
owner, operator, employee or agent or towing company, but does not
include cities, counties or other political subdivisions of the state.
(Ordinance 1454 adopted 1/26/10)
The prohibitions and requirements of this article shall apply
to all vehicle accidents and vehicle disabilities occurring on public
property or private property commonly used by the public, regardless
of whether or not the final resting place of a vehicle is upon the
above-described areas immediately after the accident or disability,
and to police pulls for vehicles for violations of the laws of the
state.
(Ordinance 1454 adopted 1/26/10)
A vehicle may be pushed or towed by another vehicle only when
it does not reasonably require removal by a wrecker and only when
it may be done in a safe manner. Tow trucks may not be used to remove
a wrecked vehicle from the scene of an accident.
(Ordinance 1454 adopted 1/26/10)
No employee of the city shall recommend to any person in any
manner the name of any repair, wrecker company or towing business,
nor shall any city employee influence or attempt to influence in any
manner the decision of any person in choosing or selecting a repair,
wrecker company or towing business.
(Ordinance 1454 adopted 1/26/10)
(a)
No
person shall drive a wrecker to or near the site of an accident within
the corporate limits of the city unless such person has been called
to the site by the owner of the vehicle, his or her authorized representative,
or by the police department. Any wrecker company when called as provided
herein shall notify the police dispatcher before proceeding to the
disabled vehicle. No person shall solicit in any manner, directly
or indirectly, at or near the site of an accident involving motor
vehicles in the city, any business regarding a wrecked or disabled
vehicle, regardless of whether the solicitation is for the purpose
of removing, repairing, wrecking, storing, trading or purchasing said
vehicle. The presence of any person engaged in the wrecker business
or other business for which solicitation is prohibited (such person
not having been specifically summoned by the owner of a wrecked or
disabled vehicle, or if not by the owner, the officer in charge of
the accident investigation) whether as owner, operator, employee or
agent on any street at or near the site of an accident within one
hour after the happening of such accident shall be prima facie evidence
of solicitation in violation of this section.
(b)
Any
person who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of the provisions of this section
shall be fined not less than $50.00 nor more than $500.00. Each day
that any such violation continues shall be a separate violation subject
to a separate fine.
(c)
The
provisions of this article shall not be construed to prohibit the
transportation by a nonresident wrecker company of a wrecked or disabled
vehicle from some point in the city other than the site of an original
accident to some point outside the city, nor shall it be construed
to prohibit the transportation within the city by a nonresident wrecker
company of a wrecked or disabled vehicle from a point outside the
city limits to a destination inside or outside the city limits.
(Ordinance 1454 adopted 1/26/10)
(a)
Any
wrecker company desiring to engage in the wrecker business in the
city shall annually apply to the chief of police on a form provided
for that purpose by the chief of police. The application shall contain
the name, address and telephone number of the wrecker company, the
number and types of wreckers to be operated, the true owner of the
company concerned and a statement that the applicant does or does
not desire to appear on the “wrecker rotation list.”
(b)
Every
application, when filed, shall be sworn to by the applicant and filed
with the police department.
(Ordinance 1454 adopted 1/26/10)
(a)
A
placement of the rotation wrecker list shall be valid until December
31st of the year in which the wrecker company is placed on the list.
(b)
No
wrecker shall be operated in the city unless it conforms to all requirements
of the state, and the following minimum requirements are met:
(1)
Each wrecker shall be not less than one ton in size or equivalent
and shall have a gross vehicle weight of not less than 10,000 pounds;
(2)
Each wrecker shall be equipped with a lifting device, wench line
and boom with a rated lifting capacity of not less than 8,000 pounds,
single-line capacity;
(3)
Each wrecker shall carry as standard equipment towing mechanisms,
safety chains, a properly functioning fire extinguisher* and emergency
lighting as approved by the police department. Standard equipment
for wreckers shall also include a broom, square point shovel and a
receptacle for holding debris. Wreckers must meet section 86.1000
Technical Requirements of the state department of licensing and regulations.
(TDLR) * (Must meet TDLR guidelines);
(4)
Wreckers which are qualified for the rotation list shall be equipped
with flashing or rotating beacons capable of warning motorists that
shall be used in accordance with the state department of licensing
and regulation guidelines and, if approved, police radio communications
of a type approved by the chief of police;
(5)
Each wrecker shall have inscribed on each side thereof, in letters
not less than three inches in height, the name, city and telephone
number of the wrecker company;
(6)
Each owner of a wrecker company must furnish evidence of the minimum
insurance coverage at the time of the application as defined and required
for a tow truck by the state department of licensing and regulation;
and
(7)
Each policy mentioned in subsection (6) of this section must contain an endorsement providing for ten days’ notice to the city in the event of any material change or cancellation of each policy and shall name the city as an additional insured while the wrecker company is performing a wrecker job for the city.
(Ordinance 1454 adopted 1/26/10)
In order to qualify for the wrecker rotation list, the following
requirements must be met:
(1)
All
delinquent taxes due to the city by a wrecker company must be paid
in full to maintain its status on the wrecker rotation list.
(2)
The
applicant shall have a minimum of two wreckers available for service
at all times, one of which may be a rollback unit as defined herein;
with at least one wrecker on duty inside the city while on active
rotation call.
(3)
If
the applicant chooses to become part of the heavy duty wrecker rotation
list, the wrecker company must have a minimum of one heavy duty wrecker
available for service at all times.
(4)
The
applicant shall file a sworn statement that he or she has no financial
interest in any other wrecker company which is on the city’s
wrecker rotation list.
(5)
Applicant
must have a licensed vehicle storage facility within the city limits.
(Ordinance 1454 adopted 1/26/10)
(a)
After
an administrative hearing, the chief of police may suspend or remove
any wrecker company from the rotation list on any of the following
grounds:
(1)
If the place on the wrecker rotation list was procured by fraudulent
conduct, concealment of or false statement of a material fact concerning
the applicant at the time of his or her making application;
(2)
If the wrecker company violates the provisions of this article or
any other city ordinance or any state law regulating vehicular traffic;
(3)
If the wrecker company fails to comply with the provisions of a storage
area for wrecked or disabled vehicles;
(4)
If the wrecker company fails to protect the vehicle in its care as
a result of wrecker pull and fails to prevent parts, accessories and
personal belongings from being removed from the vehicle, except as
may be necessary to protect such items from theft;
(5)
If the wrecker company fails to deliver a vehicle directly to the
location within the limits of the city as designated by the owner
of the vehicle or the police department, provided such vehicle can
be legally delivered to such location. However, this provision shall
not apply when it is necessary to remove a vehicle to its ultimate
destination by two separate tows because of emergency or breakdown
of a wrecker. This does not prohibit the wrecker company and the owner
of the vehicle from entering into an agreement to deliver the vehicle
to any other location, provided that the police departments has not
required otherwise;
(6)
If a wrecker company is repeatedly tardy in arriving after being
called to the scene of an accident by the police department for a
rotation pull or police pull. Wreckers must arrive at the scene within
twenty minutes of being notified by the police dispatcher. Repeated
tardiness of arrival in a twelve-month period of three (3) or more
times will be grounds for suspension or removal from the rotation
list;
(7)
If a wrecker company or a wrecker company employee intentionally
provides confidential arrest information learned by the wrecker company
or its employees, as a result of a police action, from the scene of
a rotation pull or police pull and provides this information to any
other person, party or business in the city that may find it advantageous
to acquire such information;
(8)
If a wrecker company cannot respond to a rotation call the next wrecker
on rotation shall be called, and a substituted wrecker company is
called by a rotation wrecker company; or
(9)
Continued nonresponse to rotation calls for any reason while on active
rotation list. Three (3) or more times within a twelve-month period
will be grounds for suspension or removal from the nonconsent rotation
list.
(b)
The
chief of police shall give ten (10) days’ notice of the time
and place for the administrative hearing concerning suspension, cancellation
or removal as provided above and is empowered to administer oaths
to witnesses and to conduct hearings as otherwise provided by law.
(c)
Findings of the chief of police and his or her written order of suspension or removal from the rotation list shall terminate all authority and permission theretofore granted to the wrecker company. The period of suspension or removal from the rotation list shall not exceed one year, unless the violation occurs under subsection (a)(7) above, in which case removal from the rotation list will be permanent. If ownership of the permanently removed wrecker company changes, the new owners may apply to join the rotation list. The chief of police will present the application to the city council, who has the final authority to affirm, reject or modify the application.
(d)
Any
order of the chief of police in this section maybe appealed to the
city manager within ten (10) days from the date of suspension or removal.
The city manager shall have authority to reverse, affirm, vacate or
modify the order of the chief of police; provided, that in the event
of affirmance of the order, the suspension shall commence upon the
date of the action by the city manager.
(Ordinance 1454 adopted 1/26/10)
(a)
When
a police officer investigating an accident determines that any vehicle
which has been involved in an accident should be removed by a wrecker,
the officer shall first determine whether or not the owner has already
made arrangements with an authorized wrecker company or, if appropriate,
a restricted use wrecker, for the removal of the vehicle.
(b)
If
not, the officer shall request the owner to either designate an authorized
company or allow a wrecker to be called from the wrecker rotation
list as follows:
(1)
If the owner or operator selects a wrecker company, the investigating
officer shall notify the police dispatcher to call that wrecker company.
If the requested wrecker company is unable to promptly respond, then
a rotation wrecker company will be called; or
(2)
If the owner does not designate a wrecker company to be called, the
investigating officer shall notify the dispatcher to call the wrecker
company next in line on the wrecker rotation list and furnish its
name to the investigating officer. A wrecker company called from the
wrecker rotation list may hereafter be referred to as “rotation
pull.” In such event, the investigating officer shall notify
the police dispatcher who shall call the wrecker company next up on
the wrecker rotation list and dispatch it to the scene. The vehicle
or vehicles to be removed shall be taken to the place designated by
the owner or by the investigating officer or to the wrecker company’s
own place of storage if no designation is made. If the responding
wrecker company is unable to immediately provide a wrecker for each
wrecked vehicle at the scene, then the wrecker company next on the
rotation list shall be called to remove excess vehicles.
(c)
On
each succeeding accident or call, or on each equal rotation of the
list, the next wrecker company on the rotation list will be called
to respond. The chief of police will establish a fair and consistent
rotation procedure to ensure equal service for each wrecker company
on rotation.
(d)
To
effect the wrecker rotation and heavy duty wrecker rotation procedure,
the police department shall keep a master list of all wrecker companies
which meet all the requirements of this article and are qualified
to be on the wrecker rotation and the heavy duty wrecker rotation
lists.
(Ordinance 1454 adopted 1/26/10)
It shall be the responsibility of each wrecker company to provide
a storage area for wrecked or disabled vehicles which are moved or
towed as a result of a police or rotation pull. The storage area may
be inspected by the chief of police to determine whether it complies
with the provisions of this section. A wrecker company or storage
facility must be licensed by the state department of licensing and
regulation, and meet all requirements set forth in the state department
of licensing and regulation, section 86.700, which establishes the
minimum standards for motor carrier laws and storage facilities in
order to qualify for participation on the rotation list. The storage
area must also be located within the incorporated city limits.
(Ordinance 1454 adopted 1/26/10)
(a)
Towing.
It is not the policy of the city to regulate
the fees for towing or services provided by a wrecker company on the
rotation list. Provided, however, no wrecker company on the rotation
list shall charge a higher fee or rate for calls originating by virtue
of the rotation list than for calls for similar services from other
sources.
(b)
Rate sheet required.
Each wrecker company shall provide
to the chief of police a rate sheet listing its published rates for
towing and storage for each class, annually, or sooner if there is
a rate change. This list shall include all charges for ancillary services
such as the use of dollies, dropping, hooking linkage, clearing debris
off the roadway and similar charges. No charge shall be greater than
those listed on the rate sheet.
(c)
Storage.
Storage fees shall not exceed the limitations
as set forth in the state department of licensing and regulation,
section 86.700. All storage charges shall cease at the time the owner
of his or her representative requests the vehicle from the storage
yard of the wrecker company, provided the request is made during regular
business hours. No charge for storage shall be assessed if the vehicle
is removed or requested from the wrecker company within two hours
of the time it is placed into storage.
(d)
Other charges.
Any ancillary services are to be performed
only if required and appropriate.
(Ordinance 1454 adopted 1/26/10)
On a police pull for a vehicle that is in safe driving condition,
and for any reason has no owner or licensed operator present to drive
the vehicle from the site, the wrecker company called from the rotation
list shall observe and maintain the same and same maximum fees provided
for in this article. In the event a police pull is made for a tow-away
zone or traffic law violator, the vehicle shall not be released to
the owner or any other person until authorization is granted by the
police department. If a police officer representing the police department
requests a hold placed on the vehicle, then the wrecker company and/or
storage facility operator may not release the vehicle to any other
person until authorization is granted by the police department.
(Ordinance 1454 adopted 1/26/10)
(a)
If
a large or heavy vehicle is wrecked or disabled and a wrecker for
ordinary lifting capacity cannot move the vehicle, the following rules
shall govern notwithstanding other provisions of this article:
(1)
The investigating official from the city will attempt to summon the appropriate wrecker from the rotation or the heavy duty wrecker rotation list in the event that a wrecker is unable to complete the call due to a need for a heavy duty wrecker with extraordinary lifting capacity, the city official shall have a heavy duty wrecker summoned to the scene from the heavy duty wrecker rotation list (a heavy duty wrecker rotation list will be kept in the communications center with a heavy duty wrecker company meeting the same requirements for heavy duty rotation as set by sections 4.08.007 and 4.08.008); and
(2)
The charges rendered for services of wreckers of extraordinary lifting
capacity shall not exceed the usual and customary charges for like
services provided in the wrecker industry.
(b)
If
in the opinion of city fire or police officials, a wrecked or disabled
vehicle or its cargo constitutes a hazard to the public, any wrecker
company shall act at the direction of said city official.
(Ordinance 1454 adopted 1/26/10)
The operator of a wrecker shall remove from the street along
with the disabled vehicle all broken or shattered glass and other
debris and parts coming from the disabled vehicle; and failure to
do so shall constitute a misdemeanor punishable as provided in the
code and cancellation of the wrecker license.
(Ordinance 1454 adopted 1/26/10)
The foregoing provisions shall not be construed to prohibit
the transportation by a nonresident wrecker company of a wrecked or
disabled vehicle from some point in the city other than the site of
an original accident to some point outside the city; nor shall it
be construed to prohibit the transportation within the city by a nonresident
wrecker company of a wrecked or disabled vehicle from a point outside
the city limits to a destination inside or outside the city limits.
(Ordinance 1454 adopted 1/26/10)
(a)
Every
wrecker company qualified for and whose name appears at its request
on the wrecker rotation list shall maintain at its garage or storage
location within the city records as to all vehicles moved by it after
being notified to do so by personnel of the police department in accordance
with provisions of this article.
(b)
The
records shall contain the following information:
(1)
Make, model and serial number of the disabled vehicle moved by the
wrecker company;
(2)
Location from which disabled vehicle removed and time of such removal;
(3)
Total amount charged for towing;
(4)
Storage rate per day; and
(5)
Description of all personal property within the disabled vehicle
at the time of its removal.
(c)
The records described in subsection (b) of this section shall be preserved by the wrecker company for at least six (6) months from and after the date such company came into possession of the disabled vehicle.
(d)
The
records required to be kept shall be made available to the members
of the police department by the wrecker company at any reasonable
time.
(Ordinance 1454 adopted 1/26/10)
The chief of police will establish a fair and consistent rotation
procedure to ensure equal service potential for each wrecker company
on the rotation. Fair and consistent will be determined in increments
of time rather than the number of calls for service. The chief of
police will strive to offer equal opportunities for all wrecker companies
on the rotation lists.
(Ordinance 1454 adopted 1/26/10)
