Loading...
OR 257 Regulates tow truck operation AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 257 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULATING THE OPERATION OF A WRECKER SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY; REQUIRING A LICENSE; PROVIDING A PROCEDURE FOR ISSUANCE OF LICENSE AND PROVIDING A PROCEDURE FOR APPEAL FROM DENIAL OF A LICENSE; REQUIRING A PERMIT AND PERMIT FEE FOR EACH WRECKER; REQUIRING AND PROHIBITING CERTAIN ACTS BY WRECKERS AND TOW TRUCK OPERATORS AND DRIVERS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1 DEFINITIONS A. DISABLED VEHICLE means a vehicle which has been rendered unsafe to be driven as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, vandalism, or a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a wrecker. B. VEHICLE means every 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. C. WRECKED VEHICLE means a vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker. D. WRECKRR means a vehicle designed to be used primarily for removing wrecked or disabled vehicles upon any street. E. WR!~CKER SERVICE means the business of towing or removing vehicles from, to, or within the City of Coppell. Section 2 WRECKER OPERATION SHALL REQUIRE A CITY LICENSE No person shall drive, operate, or cause to be operated, nor shall any person employ, permit, or allow another to drive, operate or cause to be operated any wrecker over any street in the City for the purpose of removing, moving or towing a vehicle from a point or to a point in the City, nor shall any person remove, move or tow any vehicle for compensation without first having obtained from the City under the provisions of this Ordinance, a license authorizing such operation of a wrecker service and a permit authorizing use of the wrecker. Section 3 APPLICATION FOR LICENSE Any person desiring a license to operate a wrecker service in the City shall file with the City Secretary a written application for such license. Such application shall be filed in letter form and shall be verified by the oath of the Applicant and shah give, among other details, the following information: A. The name, age, and a residence of the applicant, if a natural person. If the applicant is a partnership, the name, age, and residence of all partners, general and limited. If the applicant is a corporation, its name, date and place of incorporation, the address of its principal place of business, the name, age, and residence of all its stockholders owning ten (10%) percent or more of the total issued capital stock, the amount of stock owned by each of them, the total amount and nature of its authorized capital stock, the amount thereof fully paid up, as well as a certified copy of its charter and by-laws, and further if the applicant is a foreign corporation, a duly certified copy of its permit to do business in Texas. B. The length of time the applicant has been a resident of the City of his residence and the County of Dallas. C. The trade name, if any, under which the applicant proposes to operate. D. The address of the place of business for which the applicant proposes to operate and the telephone number of said place of business. E. The make, type, model, capacity, and condition of each wrecker proposed to be operated; the design and color scheme of each wrecker, and the lettering and marks to be used thereon. F. The number of wreckers to be used. G. A full list of any unpaid judgments of record against the applicant, which list shall include the name and address of each owner of a judgment, and the amount of such judgment. If the applicant is a partnership, a like list shall be furnished for the partnership and for each individual partner, general or limited. If the applicant is a corporation, a like list shall be furnished by the corporation. H. A full list of convictions of the applicant for violation of any and all federal, state, or municipal laws other than traffic statutes. If the applicant is a partnership, a like list shall be furnished for each individual partner, general or limited. If the application is a corporation, then a like list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten (10%) percent or more of the total issued capital stock. I. A full list of any and all liep~s, mortgages, and other encumbrances of the wreckers owned by the operator for which permits are requested. J. A certificate from the Tax Assessor-Collector showing that no delinquent taxes are due the City by the applicant. K. Full information pertaining to the extent, quality, and nature of the wrecker service the applicant proposes to render. L. A full and complete statement of the experience, if any, the applicant has had in rendering such wrecker service in the City or elsewhere. If the applicant is a partnership, a like statement for the partnership and each partner, general and limited. If the applicant is a corporation, a like statement for the corporation and each of its officers and directors. M. The names of drivers who shall drive wreckers for the applicant and the commercial license number for each driver. N. The address of the storage locations for pulled vehicles to be used by the wrecker service. Section 4 WRECKER LICENSE-NOT TRANSFERABLE All wrecker licenses issued shall expire on December 31 of the year for which they were issued. The licenses are not transferable. Section 5 CHIEF OF POLICE TO ISSUE LICENSES The City Secretary shall issue said licenses to all applicants complying with the provisions of this ordinance after the applications have been completed and filed in his office and the license fees paid except as hereinafter provided. Section 6 LICENSE - REFUSAL TO ISSUE OR RENEW The City Secretary shall refuse to approve issuance or renewal of a wrecker license for one or more of the following reasons: A. The making of any false statement as to a material matter in an application for a license, or license renewal, or in a hearing concerning the license. B. Revocation of a license, pursuant to this article, of the applicant, or any proprietor, partner or corporate officer of the applicant within eighteen (18) months preceding application. C. Use by the lieensee of a trade name for his wrecker service other than the one registered with the Chief of Police. D. A lieensee fails to comply with the insurance requirements of Section 9 of this ordinance, Section 7 LICENSE - REVOCATION The Chief of Police or his authorized representative shall revoke a wrecker license upon notice and hearing for one or more of the following reasons: A. The making of any false statement as to a material matter in an application for a license, license renewal, or in a hearing concerning a license. B. Use by the licensee of a trade name for his wrecker company other than the one registered with the Chief of Police. C. Violation by the licensee or an employee of the licensee of a provision or requirement of this article. Section 8 LICENSE - APPEAL FROM REFUSAL TO ISSUE OR RENEW; FROM DECISION TO REVOKE A. If the Chief of Police or his authorized representative approves or denies the issuance of a license, this action is final unless the applicant or a licensee, within ten (10) days after the date of action by the Chief of Police or his authorized representative files a written appeal with the City Secretary to the City Council setting forth specific grounds for the appeal. The City Council shall, within forty-five (45) days, grant a hearing to consider the action. The City Council has authority to sustain, reverse, or modify the action appealed. The decision of the City Council is final. B. If the Chief of Police or his authorized representative refuses to approve the renewal of a license or revokes a license issued to a licensee this action is final unless the lieensee, within ten (10) days after the date of action by the Chief of Police or his authorized representative~ files a written appeal with the City Secretary to the City Council setting forth specific grounds for the appeal. The City Council shall, within forty-five (45) days, grant a hearing to consider the action. The City Council hss authority to sustain, reverse, or modity the action appealed. The decision of the City Council is final. Section 9 PERMIT REQUIRED FOR EACH WRECKER OF LICENSEE After issuunee or renewal of a wrecker license, the lieensee shah present all wreekers to be driven or operated in Coppell to the Chief of Police or his duly authorized representative and upon verifying that the vehicle meets the following minimum requirements and payment of an annual $25.00 permit fee per vehicle, the Chief of Police or his authorized representative shah affix a wrecker permit to the front windshield of the vehiele. A. Each wrecker shah be not less than one ton in size and be equipped with booster brakes and dual rear wheels, exeept that a wrecker licensed under this ordinance within thirty (30) days after the time of the passage of this ordinance and continuously so licensed thereafter for a period not to exeeed two (2) years shah not be less than three-quarter ton in size and shall be equipped with booster brakes and dual rear wheels. B. Each wrecker shah be equipped with a power operated winch, winch line, and boom. The power operated winch shah have a factory rated lifting capaeity of not less than eight thousand (8,000) pounds. C. Each wrecker and all of its equipment shah be in safe and good working eondition. D. Each wrecker shah carry as standard equipment: a tow bar, safety chains, wrecking bar, flags and flares, broom, and fire extinguisher. E. Each wrecker shah have inscribed on each side thereof in letters not less than three (3") inehes in height the name of the lieensee. This name shah be painted on the truck or on a sign permanently affixed to the side of the truck. F. Each operator shall furnish the serial number of the wrecker bed or winch of the wrecker for which a permit is requested. G. Each operator shall furnish a certificate of insurance showing valid policies in force on each wrecker in amounts of not less than the following sums: For damage arising out of bodily injury to or death of one person in any one accident ............ $10,000.00 For damages arising out of bodily injury ot or death of two or more persons in any one accident ......... $20,000.00 For injury to or destruction of property in any one accident ............ $10,000.00 The cost of this permit shall be $25.00. One permit shall be needed for each wrecker operated. All such permits shall expire on December 31 of the year for which they are issued. Said permits are not transferable and no permit shall be used on any vehicle other than the one for which it was issued. This permit fee is collected under the police power of the City for the purpose of regulation. Section 10 PK~MIT - DISPLAYED All wrecker permits shall be visibly displayed on the front windshield of each wrecker vehicle operated in the City. Section 11 LOGS REQUIRED TO BE KEPT OF TOWS Each wrecker service shall keep a record of each vehicle towed, the make, model, color, license number of said vehicle, the name of the person requesting the pull, the location where the vehicle was picked up and the location where deposited. This log will be open to inspection by the police at any time. It shall be unlawful for a wrecker service or owner or employee of same to fail to produce this log to the City Police Department for inspection upon request by the Police Department. Section 12 REPORT TO POLICE ALL TOWS Before leaving the point of pick up of a vehicle to be towed without the permission of the owner or operator, each wrecker service shah report to the Police Department the point of pick up, the license number of the car pulled, the location to which the car is being pulled, and the name of the wrecker service towing said vehicle. Section 13 REQUIRED SERVICE AT SCENE OF ACCIDENT Each wrecker called to the scene of an accident shah remove from the street all resulting wreckage or debris, including aH broken glass, before leaving site. Section 14 NO WRECKER AT SCENE UNLESS CALLED BY POLICE OR OWNER No person shah drive a wrecker to the scene of an accident within the City unless such person has been called to the scene by the owner of the vehicle or his authorized representative or by the Police Department. Section 15 RIGHT TO INSPECT STORAGE LOCATION Any location used for the storage of vehicles pulled by wrecker shah be open to inspection by the police at any time. It shall be unlawful for a wrecker serviee or owner or employee of same to fall to open such for inspection by the Police Department upon request by the Police Department. Section 16 CHANGES IN APPLICATION INFORMATION TO BE REPORTED Any change in the information submitted with the application for a license to operate a wrecker service shah be reported to the Chief of Police or his authorized representative within seven (7) days of the change. Section 17 REPEALING CLAUSE AH ordinanees, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 18 SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinanee shall be adjudged invalid or held unconstitutional, the same shaB not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. Section 19 PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Two Handred Dollars ($200.00) for each offense, and each and every day such offense is continued shah constitute a new and separate offense. Section 20 EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such eases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this theday of TYCI APPROVED AS TO FORM: CITY ATTO~