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HomeMy WebLinkAbout1976-1044 - Ordinance - 09/09/1976ORDINANCE NO. 1044 AN ORDINANCE REGULATING AUTOMOBILE WRECKERS OPERATING WITHIN THE CITY OF COLLEGE STATION, TEXAS; GIVING DEFINITIONS OF WORDS AND PHRASES; REQUIRING THE ISSUANCE OF LICENSES; SETTING FORTH THE REQUIREMENTS FOR A LICENSE; PROVIDING FOR THECALLING OF WRECKERS TO THE SCENE OF THE ACCIDENT; FOR THE REMOVAL OF AUTOMOBILES FROM THE SCENE OF THE ACCIDENT; FOR THE IMPOUNDING OF CERTAIN VEHICLES, THEIR RELEASE, THE COLLECTION OF FEES, AND THE IMPOSITION OF A LIEN TO COLLECT FEES; FOR THE CLEANING OF DEBRIS FROM THE SCENE OF AN ACCIDENT; PROVIDING FOR SEVERABILITY OF THE ORDINANCE; FOR REPEAL OF CONFLICTING ORDINANCE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: DEFINITIONS Owner - Any person who holds the legal title of a motor vehicle or who has the legal right of possession thereof or the legal right to such vehicle. Motor vehicle - Every vehicle which is self-propelled. Vehicle - Every mechanical device in, upon, or by which any person or property is or may be transported or drawn upon any street, alley, public park, commons or public highway and including motor vehicles, commercial motor vehicles, trucks, tractors, trailers and semitrailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. Wrecker - Any motor vehicle designed for the purpose of towing or removing vehicles. Wrecker business - The business of towing or removing vehicles upon the public streets for a fee regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase vehicles. Wrecker company - Any person engaged in the wrecker business. LICENSE AND REGISTRATION REOUIRED It shall be unlawful to operate any wrecker on the streets of the City unless such vehicle is licensed and registered by the College Station Police Department. APPLICATION FOR LICENSE A license may be issued upon presentation to the College Station Police Department of the following documents, information and equipment: 1. Certificate of title to the vehicle 2. Current license plate receipts 3. Proof of liability insurance coverage for the vehicle: A valid policy of automobile and public liability insurance issued by a company authorized to transact business in the State of Texas. Such policy shall contain limits of not less than $100,000 for each injury or death of one person in any one accident or occasion of treatment or care and limits of not less than $300,000 per occurrence treated or cared for, or injured or killed in the same accident or occasion of dA':v 1. ORDINANCE NO. 1044 Page 2 treatment or care and $10,000 for damage, destruction and/or loss of use of property as a result of one accident. 4. The vehicle shall be inspected at the time of licensing to determine that there is on board: a. Current Safety Inspection certificate b. 1 fire extinguisher, type ABC dry chemical, at least 10# each c. 6 flares, 15 minute burning time d. 4 red hand flags e. Light set sufficient to provide brake light and tail light for maximum towed load f. Broom and scoop g. Approved emergency flashing beacon 5. A current schedule of charges to be collected for services to be performed for any person by the wrecker company within the City of College Station, Texas. 6. Evidence of a safe and secure area for the storage of vehicles. The permit issued shall state the maximum towed load capacity of the wrecker and any other limitation which appears from the inspection. A copy of the wrecker permit and all of the required equipment shall be kept on board the vehicle at any time that it is in service. WRECKERS TO PROCEED TO SCENE OF ACCIDENT ONLY ON CALL It shall be unlawful for any person to drive any wrecker to or near the scene of an accident or collision on the streets of the city unless called by the owner or operator of a disabled vehicle or by a police officer. REMOVAL OF VEHICLE FROM SCENE OF ACCIDENT -- GENERALLY When any vehicle which has been involved in an accident or collision in the city cannot, in the judgment of the investigating police officer, proceed safely under its own power, and when criminal prosecution will not be involved or such vehicle is not needed to secure evidence, the same shall be towed from the scene of such accident or collision to a place designated by the owner or occupant of such vehicle. SAME -- WHEN IMPOUNDMENT REQUIRED The police officer investigating an accident or collision within the city may order the impoundment of any motor vehicle involved therein when in the judgment of such police officer, criminal prosecution will be involved as a result of such accident or collision, or when it is necessary to impound such vehicle to secure evidence, or when the owner or occupant of the same is unable or fails to have such vehicle removed. RELEASE OF IMPOUNDED VEHICLE Any vehicle which has been impounded following an accident or collision within the city shall be kept in the designated pound until released by the written order of the police department. IMPOUNDMENT FEES For the impoundment of any vehicle the Police Department shall be reimbursed the entire costs of removal and storage according to the terms of the then current =42 ORDINANCE NO. 1044 Page 3 contract or agreement between the City and the persons or firms providing wrecker and impoundment services. Such fees shall be paid before such vehicle shall be released to the owner, and a receipt therefore shall be given to such owner. LIEN FOR IMPOUNDMENT FEES The city shall have a lien for the towage and storage fees authorized by this chapter on the vehicle so towed and stored, which lien shall be prior and superior to all other items of every kind and description, save and except liens for ad valorem taxes. CLEANING OF DEBRIS -- DUTY OF OPERATOR It shall be the duty of the operator of the wrecker responding to a call to the scene of an accident or collision to clean up and remove the debris resulting from such accident or collision. SEVERABILITY Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this ordinance as a whole or any part thereof other than the part so declared to be invalid. REPEAL That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such ordinance or portions thereof as are expressly repealed hereby. PENALTY That any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). DATE OF EFFECT That this ordinance shall become effective and be in full force and effect within 60 days from and after its passage and publication as required by law. PASSED AND APPROVED this 9th day of September, 1976. AP ROVED Mayor ATTEST € City Secretary 02743