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Ordinance 1982-23 ORDINANCE NO. 82-23 AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS ESTABLISHED RULES, REGULA- TIONS AND GUIDELINES FOR THE OPERATION OF A HYLIE POLICE DEPARTMENT ROTATION LIST OF WRECKERS WHICH PROVIDES FOR AN APPLICATION FOR PLACEMENT ON THE ROTATION LIST; A FEE FOR THE APPLICATION; PROCEDURES FOR APPROVAL AND RENEWAL OF THE APPLICATION AND THE DURATION OF PLACEMENT ON THE ROTATION LIST; PROOF OF LIABILITY INSURANCE AND BOND; TWENTY-FOUR HOUR REQUIRED SER- VICE OF ALL WRECKER BUSINESSES PLACED ON THE LIST; PROCEDURES FOR IMPOUND- MENT OF VEHICLES; AUTO POUND SPECIFICATIONS; DUTIES OF POLICE DEPARTMENT; RESPONSE TIME AND DUTIES OF WRECKER DRIVERS; RULES GOVERNING SUSPENSION AND REMOVAL FROM THE ROTATION LIST REPEALING ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION AND PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. APPLICATION FOR PLACEMENT ON ROTATION LIST; FEE; INSPECTION; APPROVAL; DURATION; RENEWAL A. Any person or business desiring to be placed on the wrecker rotation list of the City of Wylie Police Department must make application to the Chief of Police. Such application shall be on a form furnished by the Chief of Police for that purpose and shall contain the names and addresses of all persons having an interest in the wrecker bustness~ along with a description of the wrecker equipment to be used and any other pertinent information which may be required by the Chief of Police or the City Manager. Each application shall be accompanied by an application fee of Ten Dollars ($10.00) for each wrecker to be operated on the rotation list by the applicant. B. The Chief of Police, or his designate, shall inspect any and all wreckers to be placed on the rotation list and shall deliver the results of such inspection, together with the application, to the City Manager. Each applicant, whose application and inspection satisfies the guidelines set forth herein, shall be placed on the wrecker rotation list. C. Each application approved hereunder shall expire on September 1~" next following its issuance. Each applicant shall, if he ~ desires to continue his placement on the wrecker rotation list~ make a renewal application to the Chief of Police in the same manner as an original application. Such applications must be accompanied by a renewal fee of $5.00. In order to avoid a lapse of placement on the wrecker rotation list, the renewal application must be made not less than thirty (30) days nor more than sixty (60) days prior to the expiration of the prior application. SECTION 2. PROOF OF LIABILITY INSURANCE REQUIRED A. Before any application may be approved hereunder, the applicant shall furnish a certificate of insurance certifying that the applicant has liability insurance in force, covering his wrecker operations and providing that the amounts of recovery shall be in limits of not less than the following sums: REPEALING ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. (1) One Hundred Thousand Dollars ($100,000.00) for damages invol- ving bodily injury to or death of one person arising out of anyone act or occurrence. (2) Three Hundred Thousand Dollars (300,000.00) for damages invol- ving bodily injury or death arising out of a single act or occurrence. Wrecker Ordinance No. 82-23 Page 2 (3) One Hundred Thousand Dollars (100,000.00) for property damage arising out of anyone act or occurrence. Such insurance shall cover all persons for injury~ loss or damage to any person or property that may arise by reason of the opera- tion of the applicant's wrecker. SECTION 3. TWENTY-FOUR HOUR SERVICE Every applicant whose application has been approved hereunder shall provide wrecker service on a twenty-four hour basis, seven (7) days a week, and shall install two-way radio equipment which will operate on a frequency or frequencies designated by the Police Chief. SECTION 4. IMPOUNDMENT OF VEHICLES (A) All vehi.cles towed in by a wrecker bus}ness at th.e direction of the Wylie Police Department shall be il11pounded by such company either at the auto pound of the wrecker business, as hereinbelow described, or at a place designated by the Wylie Police Depart- ment, and shall not be returned until release of such vehicle is authorized by the Wylie Police Department in writing. (B) The City shall not be r~.p.onstble for the payment of towing and/or storage charges for any vehicle not owned by the City, and the wrecker business may demand payments of the charges incurred in accordance with the hereinafter described schedule before releasing any vehtcle. SECTION 5. AUTO POUND SPECIFICATIONS AND THEFT INSURANCE (A) Every applicant whose application has been approved hereunder shall provide a suttable place for storage of vehicles towed at the request of the Wylie Police Department and such place shall; (l) Be properly zoned (2) Hold a minimum of fifteen (15) automobiles (3 1 Be enc 1 osed by a metal chain 1 ink fence, or other fence of better construction, which is of a height of at least six (6) feet. (4) Have a gate which is kept locked when not attended (5) Be adequately lighted for security purposes (B) Every applicant whose application has been approved hereinunder shall also provide a maximum security indoor area, located at the impoundment facility which shall be available for storage of any vehicle at the request of the Wylie Police Department. SECTION 6. WRECKER SPECIFICATIONS In order to recetve approval for operation on the wrecker rotation list, each wrecker must meet the following requirements; (Al Be not less than one (1) ton and be equipped with booster brakes, and dual rear wheels; (B) Be equipped with a power winch, winch line, and boom with a sling-type lift. (C) Carry as standard equipment - tow arms, safety chains, fi.re extinguisher, wrecking bars, booms, and a towing dolly. Wrecker Ordinance No. 23 Page 3 SECTI ON 7. SECTION 8. SECTI'ON 9 RATE SCHEDULE No applicant, whose application has been approved hereunder and who has been placed on the wrecker rotation list, shall charge for wrecker service any sum in excess of the rates specified in the following schedule: (A) Towing of non-accident vehicles during regular business hours, 8:00 a.m. to 6:00P.M. $25.00 (B) Nights and weekends (C) Vehicles requiring a dolly for reasons other than automatic transmission - additional charge (D) Extra time in excess of one hour (not including time spent waiting for officer to complete investigation) per hour (E) Charge for diesel rig or other heavy equipment per hour (with $45.00 minimum) (F) Storage of vehicle per day or fraction thereof (1) Outside storage (2) Inside or covered storage $35.00 $15.00 $15.00 $45.00 $ 3.00 $ 5.00 DUTIES OF POLICE DEPARTMENT (A) The Wylie Police Department shall dispatch in rotation the wrecker or wreckers required to satisfy any call or request for wrecker service from citizens or from Police Officers, except in cases where a vehicle is left abandoned on private property and no action is involved. In such cases, it will be the responsibility of the citizen to make the wrecker service call. (B) In all cases involving police action, the Wylie Police Department shall have exclusive jurisdiction in removing vehicles from the scene of such action by wrecker and requests by any private citi zen shall not affect the rotati on schedule. (C) The Police Department shall keep a log of every such call received, which log shall indicate the date, time of the call, the disposition of the vehicle towed, and date and time of such disposition. If a listed wrecker operator cannot furnish a wrecker upon being called by the Police Department, the next wrecker operator listed shall be called and the pertinent information noted on the log. (D) A list of contents of said towed vehicle will be made by the Police Department, a cOpy will be detai.ned by the Police Department for future reference, and two copies to be given to the wrecker dri'ver, one of which is to be given to the owner or operator of vehicle, when disposition of vehicle is made, and the other copy to be maintained by the wrecker service. RESPONSE TIME AND DUTIES OF WRECKER DRIVER CA) Wrecker response time to Police Department calls shall not be more than fifteen (15) minutes for any call. (B) The wrecker operator shall be responsible for cleaning the roadway of glass and debris when responding to a call of a motor vehicle accident, In accordance with the provisions of applicable statutes of the State of Texas. (C) All wrecker businesses operating on the Police Department rotation list must comply with all guidelines as~set forth in the Texas Abandoned Motor Vehicle Act. Wrecker Ordinance No. 23 Page 4 SECTION 10. SUSPENSION AND REMOVAL FROM ROTATION LIST Any applicant which makes application hereunder and is placed on the rotation list and is called by the Wylie Police Department, under the terms of this chapter, shall be required to respond to any authorized call. The Chief of Police, with the concurrence of the City Manager, shall remove the name of the wrecker operation from the rotation list for any of the following reasons: (A) Failure to respond to three (3) consecutive calls, unless the applicant's wrecker is on another call or is incap- acitated. (B) Causing undue damage to vehicles picked up or any other act of incompetency of operation. (C) Intoxication or incompetency of a wrecker operator. (D) Failure to maintain insurance as required in Section 2. (E) Failure to allow Police Chief or his designate to periodically make safety inspections of the wrecker or wreckers. (F) Failure to comply with the requirements of Section 6 (Wrecker Specifications) (G) Failure to reasonably comply with any other provision of this chapter. The name of any such wrecker business shall be removed from the rotation list and said wrecker business shall not be eligible for application to have its name replaced on the rotation list for a period of six (6) months from the date of its removal. SECTION 11. MAXIMUM NUMBER OF WRECKER SERVICES The maximum number of wrecker services on the Police Rotation list shall be two (2). This maximum number may be changed only by the City Council, after notice and hearing at a Public Meeting, and shall in no way affect the right to suspend or remove any wrecker operation from the Rotation list. SECTION 12. All ordinances and parts of ordinances inconsistent with or in conflict with th.e provisions of this ordinance shall be, and the same are hereby, expressly repealed. SECTION 13. If any section, sub-section, paragraph, sentence, phrase, or clause of this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect; and to this end the provisions of thts ordinance are hereby declared severable. SECTION 14. Any person who violates any provision of thi.s ordi.nance shall be deemed guilty of a misdemeanor, and upon conviction therefor sha 11 be fined any sum not exceed i ng two hundred dollars ($200.00). SECTION 15. This ordinance shall take effect and be in full force immediately upon its adoption. - Sl, Jtill~~ , ON THIS PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WY 22nd DAY OF NDVEfvlBE~ A. D., 1982. ATTEST: