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~