Loading...
HomeMy WebLinkAbout1980-1206 - Ordinance - 02/28/1980ORDINANCE NO. 1206 AN ORDINANCE REGULATING AUTOMOBILE WRECKERS OPERATING WITHIN THE CITY OF COLLEGE STATION, TEXAS. DEFINING TERMS; PROVIDING FOR PERMITTING OF WRECKER BUSINESS AND INSPECTION AND CERTIFICATION OF WRECKERS USED IN SAME; REQUIRING THE MARKING OF WRECKERS WITH BUSINESS OR OWNERSHIP IDENTIFICATION; REQUIRING INSURANCE TO BE CARRIED BY WRECKER SERVICES; PROVIDING FOR REMOVAL OF WRECKED OR DISABLED VEHICLES ON THE PUBLIC STREETS; PROVIDING FOR WRECKER ROTATION LISTS; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON THE PUBLIC STREETS; REGULATING THE TOWING OF VEHICLES FROM PRIVATE PARKING LOTS AND FROM PRIVATE PROPERTY; REGULATING FEES AND CHARGES FOR WRECKER SERVICE; PROVIDING PENALTIES AND REPEALING WRECKER ORDINANCE NO. 1044. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. Definitions Certificate -- Authorization granted by the Chief of Police, under the provisions of this article, to use a designated vehicle as a wrecker. Entrance to Private Parking Facility -- Any opening to a private parking facility which is capable of being used by a vehicle to effect ingress into the lot where such opening is not marked with an exit sign. Owner -- Any person who holds the legal title to a motor vehicle; �Ww or has the legal right of possession thereof. This does not include any person who has gained possession of a motor vehicle only as a result of wrecker service performed. Permit -- Authorization granted by the Chief of Police under the possession of this article to engage in the wrecker business in the City of College Station, Texas. Permit Holder -- Any person possessing a current valid permit to engage in the wrecker business in the City of College Station, Texas. Person -- An individual, a corporation, a partnership, joint venture, or association. Private Parking Facility -- Any public or private property used, in whole or in part, for restricted and /or paid parking of vehicle. "Parking facility" includes but is not limited to commercial parking lots, parking garages, and parking areas serving or adjacent to businesses, churches, schools, homes, and apartment complexes. "Parking facility" also includes a restricted portion or portions of an otherwise unrestricted parking facility. Parking Facility Owner -- Any operator or owner (including any lessee, employee, or agent thereof) of a parking facility. 03193 Ordinance No. 1206 Unauthorized vehicle -- Any vehicle parked, stored, or situated in or on a parking facility without the consent of the parking facility owner. 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, trucks, tractors, trailers and semi - trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracts. Wrecker -- Any motor vehicle used for the purpose of towing or removing vehicles. Wrecker Business -- The business upon the public streets for purpose of the towing is to trade or purchase vehicles. of towing or removing vehicles a fee regardless of whether the remove, repair, wreck, store, Wrecker Company -- Any individual, corporation, partnership, or association engaged in the business of towing vehicles on a public highway for compensation or with the expectation of compensation for the towing, storage, or repair of vehicles. The term "towing company" includes the owner, operator, employee, or agent of a towing company. Wrecker Rotation Lists -- Lists prepared by the College Station Police Department of wrecker companies which have requested and qualified to appear thereon, and which maintain wreckers certified by the Police Department of College Station. Section 2. Permit and Certificates A. It shall be unlawful business in the City possesses a current, Station. B. It shall be unlawful wrecker business as certificate has been for any person to engage in the wrecker of College Station unless such person valid permit from the City of College to drive or cause to be driven, in the a wrecker, any vehicle for which no issued. C. Permits and certificates, unless revoked, shall be renewed in July of each year. Section 3. Application for Certification and Permit A. Any applicant for a certificate and permit shall submit, on a form provided by the Chief of Police, a verified application containing or accompanied by the following: (1) The true name, the trade name, address and telephone �Iw number of the wrecker company. Page 2 U3194 Ordinance No. 1206 Page 3 (2) The true owner of the wrecker company, if the wrecker company is other than a corporation. (3) The true owners of the wreckers proposed to be used, other than the true owners of the property. (4) The number and type of wreckers proposed to be operated. (5) A certificate from the County Tax Assessor - Collector that all taxes on all properties, real and personal, to be used in connection with the applicant's wrecker business (a current certificate) - this is to include current license plate receipts. (6) A verified statement that there are no outstanding final civil judgements against the wrecker company or the owners thereof in connection with the operation of the wrecker business. (7) A certificate of public liability and property damage insurance issued to a company authorized to transact business in the State of Texas and such policy shall contain limits of not less than $100,000.00 for each injury or death of one person in any one accident or occasion of treatment or care and limits of not less than$300,000.00 per occurrance of treatment or care, or injured or killed in the same accident or occasion of treatment or care and $10,000.00 for damage, destruction and /or loss of property as a result of one accident. Liability insurance shall contain limits of not less than $100,000.00 for garage. (8) The name of any wrecker company which the applicant has previously been associated, merged, or become a successor in interest. Should the predecessor have outstanding final civil judgements or be otherwise ineligible for a permit or certificate, the successor company shall likewise be ineligible until the impediment is removed. B. In the event the Chief of Police determines that any of the information contained in the application is inaccurate or not current, he shall reject such application, or if a certificate or permit has been issued, it shall be revoked. Section 4. Inspection of Vehicles Every vehicle to be used by the applicant in the wrecker business shall be inspected by the Chief of Police or his designated agent prior to the issuance of a certificate or permit to ascertain if it has the following: (a) Current safety inspection certificate (b) One fire extinguisher, type ABC dry chemical, at least 10 ± or equivalent (c) Six flares, 15 minute burning time (d) Four red hand flags Ordinance No. 1206 (e) Light set sufficient to provide brake light and tail light for maximum towed load (f) Broom and scoop (g) Approved emergency flashing beacons Section 5. Removal by Parking Facility Owner A. A parking facility owner or a permit holder may, without the consent of the owner or operator of an unauthorized vehicle, cause such vehicle to be removed and stored at the expense of of the owner or operator of the vehicle, if any of the following occurs: (1) A sign or signs, specifying those persons who may park in the parking facility and prohibiting all others, are placed so that they are readable day or night from all entrances to the parking facility (but signs need not be illuminated); such sign to display the current phone number of the wrecker company or parking facility owner. Page 4 (2) The owner or operator of the unauthorized vehicle has actually received notice from the parking facility owner that the vehicle will be towed away if it is not removed; or; In (3) The unauthorized vehicle is obstructing an entrance, exit, fire lane, or aisle of the parking facility. B. Otherwise, a parking facility owner may not have an unauthorized vehicle removed except under the direction of a peace officer or the owner or operator of such vehicle. C. It shall be unlawful for any person to remove a vehicle, other than an unauthorized vehicle, from a private parking facility, without the consent of the owner or under the direction of a peace officer. Section 6. Report of Towing of Unauthorized Vehicle to Police Dispatcher The wrecker company that removes an unauthorized vehicle from private property within the City pursuant to Article 6701g -2 of Vernon's Civil Statutes of the State of Texas, shall notify the City of College Station Police Department within one (1) hour of such removal. The information to be provided in such notification shall include: (1) the date, time and location of the removal; (2) the physical description and license number of the vehicle; (3) the name of the person who requested that the vehicle be removed; (If a business entity, then the name of the person who is authorized to act on behalf of the entity as well as the name of the entity.); U3196 Ordinance No. 1206 (4) the name of the wrecker company which performed the removal; (5) the storage location of the vehicle; (6) a telephone number at which the wrecker company is available on a 24 -hour basis to release an impounded vehicle. Section 7. Wrecker Rotation Lists A. The City of College Station Police Department shall establish and maintain a wrecker rotation list and each permit or certificate holder is qualified to be on such a list if: He maintains a 24 -hour wrecker service and has no more than two telephone numbers, of which numbers one is answered 24 hours a day, seven days a week. The use of an answering service shall be permitted, provided, that if such a service is used, the failure of a permit holder to communicate with the Police dispatcher within five (5) minutes following a call requesting a dispatch of a certified wrecker, confirming that the permit holder shall immediately dispatch the certified wrecker requested to the desired location, will result in a forfeiture by that permit holder of that call. Regardless of type of answering service, an employee must be on garage premises during the hours of 8 a.m. to 5 p.m. Monday through Friday. B. Failure of any permit holder to deliver a wrecker to the scene where it was requested within a reasonable length of time will result in the forfeiture of that call. Five forfeitures of calls within one calendar year will cause the permit holder to lose privileges on the wrecker rotation list for a period of time to be determined by the Chief of Police. C. If a wrecker is called to a scene by a police officer and sub- sequently not needed, the wrecker company will remain at the top of the rotation list. D. A separate list shall be maintained for the towing of abandoned vehicles. Failure to respond to call two (2) times shall result in the removal of the firm from both the regular rotation list and the abandoned vehicle rotation list for a period of one (1) week. If the firm can show that there were extenuating circum- stances, no action will be taken. Section 8. Fees to be Charged by Permit Holders The standard fee which will be charged by permit holders shall be in an amount which is sufficient to compensate the wrecker company for its services. Such amount to be set by the City Council after a public hearing. This fee shall include taking the wrecked or disabled vehicle anywhere in the city limits of College Station or Bryan. U3197 Page 5 Ordinance No. 1206 Page 6 Section 9. Driving Wreckers to Scene of Collision Prohibited; Exceptions No person shall drive, or cause to be driven, a wrecker to or near the scene of a collision on a street in this City unless such person has been called to the scene by the College Station Police Department or by a party involved in the collision. Section 10. Soliciting Wrecker Business on City Street Prohibited No permit holder or his employees shall solicit in any manner, directly or indirectly, on the streets of the city, wrecker business involving any vehicle which is wrecked on a public street. This prohibition applies regardless of whether the solicitation is for the purpose of soliciting the business of towing, selling or purchasing such vehicle. Section 11. Pound Hauls Any police officer investigating an accident or collision within the City may order the impoundment of any motor vehicle involved therein when in the judgement of such 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. The fees to be charged for pound hauls as well as storage shall be set by City Council after a public hearing. No storage fee shall be charged if the vehicle is stored less than twenty -four (24) hours. Section 12. Duties of Permit Holders It shall be the obligation of all permit holders under this article to operate the wrecker business in a safe manner and is not limited to: (1) Upon arrival at the scene of a collision within the incorporated limits of the City of College Station, shall take direction from the police officer investi- gating the collision. (2) Wrecker company personnel of a permit holder which hauls any vehicle from the scene of a collision within the incorporated limits of the City of College Station shall remove debris of the collision from the public street; this duty specifically includes the removal of broken glass and metal fragments from the street. Such debris shall be disposed of in a manner which will keep it out of the gutters, storm sewers, streams, public right -of -ways and property not belonging to the wrecker company, without the consent of the owner. I M 0 .33.98 Ordinance No. 1206 M Section 13. Penalty for Violation Page 7 Any person who violates any provision of this ordinance is guilty of misdemeanor and may be charged with a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense under this ordinance is punishable by a fine not to exceed two hundred dollars ($200.00). Section 14. Suspension of Wrecker List In addition to the criminal penalties imposed by this ordinance, any permit holder who violates this ordinance may be subject to the following sanctions: The first violation of any provision of this ordinance shall result in the removal of the firm from the wrecker rotation lists for one (1) week. The second violation shall result in suspension from the wrecker rotation lists for thirty (30) days. Any further violations of this ordinance may result in the revocation of certificate and permit to operate on the streets of the City of College Station, Texas. Section 15. Repeal of Conflicting Ordinances or Orders Wrecker Ordinance No. 1044 and all orders, ordinances or parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this order full force and effect. Section 16. Severability Clause The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent juris- diction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance. PASSED AND APPROVED this 28th day of February 19 , APPROVED: MAYOR ATTEST: .1itvw �� �'� i ty Secretary U3199