HomeMy WebLinkAboutORD 88-15 AGENDA
ORDINANCE NO. �%
ENTITLED AN ORDINANCE AMENDING CHAPTER 29 ,
SECTION 29-70 OF ARTICLE IV OF THE CODE OF
ORDINANCES OF THE CITY OF BEAUMONT CONCERNING
WRECKERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 29, Section 29-70 of Article IV of the
Code of Ordinances of the City of Beaumont be, and the same is
hereby, repealed and a new Article IV be added to read as
follows:
ARTICLE IV. WRECKERS
Section 29-70. Definitions.
AUTO WRECKER: Any motor vehicle used for the purpose of towing or
otherwise transporting any motor vehicle which has been disabled in any
manner, from one place to another for any purpose, including but not
limited to the purpose of wrecking, storing, or repairing the vehicle,
and which shall not appear at the scene of an accident where a vehicle
b
has een wrecked. The term "AUTO WRECKER" shall not be construed to
include a service car or other vehicle not equipped with mechanical
devices for transporting wrecked vehicles and not used for purposes,
such as service cars equipped with compressed air containers and tools
for performing minor repairs not involving towing or transportation of
disabled vehicles. The term "AUTO WRECKER" shall not be construed to
include vehicles used by persons towing, carrying, and storing totally
wrecked or disabled vehicles for the salvage pool business. The
SALVAGE POOL BUSINESS is that business of collecting and storage at one
central point totally wrecked or disabled vehicles belonging to an
insurance company. This exception shall not authorize evasion of this
article and if any vehicle, although not equipped with devices
primarily used for towing wrecked or disabled vehicles, is actually
used for towing through means of ropes, chains or otherwise, the same
shall be considered an AUTO WRECKER, within the terms of this article.
EMERGENCY WRECKER: A wrecker which appears at the scene of an accident
where a vehicle has collided with another vehicle or other object or
which has been wrecked or disabled in any manner for the purpose of
towing, removing, or hauling away the wrecked vehicle or vehicles from
the scene of an accident.
GROSS INCOMPETENCE: Any activity or lack of activity on the part of any
person which constitutes gross ignorance or gross carelessness in the
discharge of any duties or obligations under the terms and provisions
contained in this article.
PAGE 1 OF 19
MOTOR VEHICLE: Every vehicle that is self-propelled but not operated
upon rails.
NO-PREFERENCE TOW AWAY LIST: A list of all permitted emergency
wreckers owned by permitted wrecker companies maintained on a rotation
basis by the Beaumont Police Department. This list shall be used to
dispatch a permitted wrecker to any situation that requires a wrecker
other than an accident.
NO-PREFERENCE WRECKER LIST: A list of all permitted emergency wreckers
owned by permitted wrecker companies maintained on a rotation basis by
the Beaumont Police Department. This list shall be used to dispatch
emergency wreckers to accident scenes.
PERMITTED WRECKER: Any auto wrecker or emergency wrecker, as defined
herein, which has received a permit that is still in effect under the
terms and conditions of this article.
STREET: The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
VEHICLE: Every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, except devices moved by
human power or used exclusively upon stationary rails or tracks.
WRECKER: Any vehicle equipped and capable of towing another vehicle
along the roadway.
WRECKER COMPANY: The sole business of towing or removing disabled or
wrecked vehicles on the public street, regardless of whether the
purpose is to remove, wreck, or store, trade or purchase such disabled
or wrecked vehicles. To be a wrecker company, within the meaning of
this article, the company must be established within the City of
Beaumont and all permitted wreckers associated with said wrecker
company shall be garaged within the incorporated city limits. This
definition shall not apply to a wrecker company which had a valid
permit as of March 31, 1987.
WRECKER COMPANY SIGNS: A wrecker company shall be identified by a sign
posted on the premises that shall state the applicants company name,
address, phone number, and hours of operation. Such sign shall be of a
size that is readable from a distance of 300 feet from roadway.
WRECKER DRIVER: Any individual who actually operates or drives any
auto wrecker or emergency wrecker on the streets of the city, either on
his own account or in the employ of another.
WRECKER INSPECTOR: A person appointed by the Chief of Police to serve
the function of conducting annual inspections of wrecker vehicles
pursuant to the granting of new or renewal wrecker permits for both
regular and emergency wrecker service, and to perform all other
functions necessary to effectuate the purpose of this article.
PAGE 2 OF 19
Section 29-71. Exceptions to Applicability.
The provisions of this article are not and shall not be held
applicable to:
(a) Movement of any hazardous material carrying vehicle that has
been involved in a collision or accident, where the investigation is
under the command of a Beaumont Fire Department Incident Commander.
(b) Persons who tow, carry, or otherwise use a vehicle that they
own to transport a vehicle which they own, or a vehicle within their
immediate family.
(c) The owner of any wrecker properly registered with the Texas
Department of Labor and Standards shall be allowed to enter the city as
a "Consent Tow" to pick up a disabled vehicle at any place other than
the scene of a wreck or accident and transport said vehicle out of the
city or transport into or through the city such disabled vehicle.
(d) Movement of a vehicle by human power only if no fee was
charged.
Section 29-72 . Permits-for auto wreckers; require; procedure; fee;
term.
(a) Required. It shall be unlawful for any person to drive or
operate or cause to be driven or operated any auto wrecker upon any
public street in the city for the purpose of towing or hauling disabled
vehicles without first obtaining an auto wrecker permit from the city
duly issued to such owner to operate an auto wrecker on the streets of
the city under the terms and provisions of this section; provided that
the holder of an emergency wrecker permit under section 29-73 shall not
be required to obtain an auto wrecker permit under this section.
(b) Application generally. An owner desiring to operate an auto
wrecker in the city shall make application of the Beaumont Police
Department for the issuance of an auto wrecker permit. Such
application shall be submitted on forms furnished by the Beaumont
Police Department, and the applicant shall furnish the following proof
and information with his application, which shall be sworn to before a
notary public:
1. That the owner making application has attained the age of
(18) eighteen years.
2 . That the wreckers to be permitted have complied with the
Texas Department of Labor and Standards Articles 6687-9a
and 6687-9b
3 . The number of auto wreckers the applicant desires to
operate, listing the Make, Model, Motor Number, size
of vehicle (not less than 3/4 ton capacity) and correct
state license number of each auto wrecker.
4. The true ownership of each auto wrecker. If the auto
wrecker is to be operated under the name of some other
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company than the owner, then that company shall be stated.
Accompanying the application shall be a signed notarized
copy of the agreement and contract between the owner and
the company in whose name the auto wrecker is to operate.
The permit shall be issued in the joint names and transfer
from one company to another by the owner shall not be
permitted, until the police department has been notified
in writing by certified letter and a signed notarized copy
of the new contract and agreement has been submitted to it
for approval. If an individual, the application shall so
state. If a partnership, the partnership name and address
shall be given together with the names and addresses of
all partners. If a corporation, the corporate name and
office address shall be given together with the names and
addresses of the president and secretary.
4. That the owner will obey all provisions of this article
and all other ordinances and statues applicable to motor
vehicles.
5. The applicant shall furnish a copy of the certificate
of insurance as required by the Texas Department of Labor
and Standards, listing all wreckers covered under said
policy. It shall not be the responsibility of the Police
Department to notify a wrecker company of cancellation or
expiration of said insurance and liability policies.
An application under this section shall be signed by the owner.
If a partnership, it shall be signed by a member of the firm. If a
corporation, it shall be signed by the president and attested by the
secretary. In ALL cases, the person signing shall execute an affidavit
on the application form, that the statements contained in such
affidavit are true and correct.
(c) Fee. The permit to operate an auto wrecker under the terms
and conditions of this article shall be payable as follows;
1. At the time original or renewal application for an auto
wrecker permit is granted, and after the wrecker inspector
has conducted the required inspection of the vehicles to
be permitted, the applicant must pay a fee of fifty
dollars ($50. 00) for each vehicle included within said
original application.
(d) Term . A permit year shall be from March first to the last day
of February of each year.
(e) Renewal. Auto wrecker renewal permits shall be granted by the
police department upon payment of fees called for in paragraph (2) of
this section, herein above, and only after proof of inspection by the
wrecker inspector has been presented; provided, however, the police
department may, in its discretion issue a renewal permit to a wrecker
owner when the wrecker is not capable of passing inspection in such
instances where the wrecker has been damaged by accident, theft, arson,
or similar casualty losses. Renewal times for wrecker permits shall be
thirty days for mechanical repairs and ninety days for insurance loss.
PAGE 4 OF 19
The renewal time may be extended at the discretion of the wrecker
inspector. Renewal may be refused for any of the reasons set out in
section 29-76.
(f) Non-Transferable. The permit(s) shall be personal to the
applicant, and shall not be subject to transfer.
(g) Non-Refundable. No portion of any fee paid herein shall be
refundable.
Section 29-73 . Same-For emergency wreckers; required; procedure;
term; fee; renewal.
(a) Required. It shall be unlawful for any person to drive,
operate or cause to be operated any emergency wrecker upon any public
street in the city for the purpose of towing or hauling wrecked or
disabled vehicles, either for hire or as an incident to obtaining the
business of storing, wrecking, or repairing such wrecked or disabled
vehicles, away from the scene of the accident where the wrecked or
disabled vehicles have collided with any other vehicle or other object
or which have been wrecked or disabled in any manner, without having
first obtained an emergency wrecker, permit from the city duly issued
under this section to such person to operate an emergency wrecker on
the streets of the City of Beaumont.
(b) Evidence in prosecution. In any prosecution of the owner for
a violation of subsection (a) of this section, proof that the owner's
emergency wrecker, for which a permit has not been issued, was present
at the scene of a collision or accident in which a vehicle was wrecked
or disabled shall constitute PRIMA FACIE EVIDENCE that such owner was
operating or causing to be operated his auto wrecker as an unpermitted
emergency wrecker, but the person charged shall have the right to
introduce evidence to prove that the owner or owner's agent or police
department summoned him to the scene of the accident upon a public
street.
(c) Application generally. An owner of the wrecker company
desiring to operate an emergency wrecker in the city shall make
application of the Beaumont Police Department for the issuance of an
emergency wrecker permit. Such application shall be submitted on forms
furnished by the Beaumont Police Department, and the applicant shall
furnish the following proof and information with his application, which
shall be sworn to before a notary public:
1. That the owner making application has attained the age of
eighteen (18) years.
2 . That the wreckers to be permitted have complied with the
Texas Department Of Labor and Standards Articles 6687-9a
and 6687-9b.
3 . The name and address of the true owner shall be stated,
and if the emergency wrecker is to be operated under the
name of some other company other than the name of the
owner, then the name of that company shall be stated.
Accompanying the application shall be a signed notarized
copy of the agreement and contract between the owner and
PAGE 5 OF 19
the company under whose name the emergency wrecker is to
operate. The permit shall be issued in the joint names
and no transfer from one company to another company by the
owner shall be permitted, until the police department has
been notified in writing by certified letter and a signed
notarized copy of the new contract and agreement has been
submitted to it for approval. If an individual, the
application shall so state. If a partnership, the
partnership name and address shall be given together with
the names and addresses of all partners. If a
corporation, the corporation name and office address shall
be given together with the names and addresses of the
president and secretary.
4. The application shall state the number of emergency
wreckers the owner desires to operate, and shall list
the Make, Model, Motor Number, size of vehicle (not less
than 3/4 ton) and the correct state license number of
each vehicle to be operated by the applicant as an
emergency wrecker.
5. The application shall state the company name, address
and telephone number of the applicant's liability
insurance company. The agents name and period of
coverage is to be stated on the application with the
beginning effective date and termination date.
6. The applicant shall furnish a copy of the insurance
certificate as required by the Texas Department Of Labor
and Standards listing all wreckers covered under said
policy. It shall not be the responsibility of the police
department to notify a wrecker company of cancellation or
expiration of said insurance and liability policies.
(d) Renewal. Emergency wrecker permit year shall be from March
first to the last day of February of each year with renewal of an
annual basis during February. Renewal permits shall be granted by the
police department upon the payment of the fees called for in paragraph
(2) of subsection (e) of this section, herein below, and only after
proof of inspection by the wrecker inspector has been presented;
provided, however, the police department may, in its discretion, issue
a renewal permit to a wrecker owner when the wrecker is not capable of
passing inspection in such instances where the wrecker has been damaged
by accident, theft, arson, or similar casualty losses. The applicant
must meet all requirements of this article before renewal is granted.
(e) Fee. The permit to operate an emergency wrecker under the
terms and conditions of this article shall be payable as follows:
1. At the time when a original or renewal application for an
emergency wrecker permit is granted, and the wrecker
inspector has conducted the required inspection of said
wrecker(s) , the applicant must pay a fee of fifty ($50. 00)
dollars for each vehicle included within said original or
renewal permit application.
PAGE 6 OF 19
(f) Non-Transferable. The permit(s) shall be personal to the
applicant, and shall not be subject to transfer.
(g) Whenever an owner wishes to discontinue the use of an
emergency wrecker at a time other than annual renewal period and
replace it with another, he shall file an affidavit stating that he has
discontinued the permit, desires to use another emergency wrecker in
its place. He shall then file new proof of insurance policy by
certificate, from his insurer, substituting wrecker covered by his
permit, with the other wrecker he desires to use in its place. The
Beaumont Police Department shall then issue the owner a supplemental
permit covering the new emergency wrecker and cause the description of
the old emergency wrecker to be canceled from the original permit. In
the insurance endorsement form the insurer and supplemental permit, the
old and new emergency wrecker shall be described by Make, Model, and
Motor Number and State License number; provided however, the new
vehicle must meet inspection requirements of section 29-79.
(h) Whenever an owner discontinues the use of an emergency wrecker
without a replacement for said wrecker, the wrecker inspector shall be
notified within twenty four hours.
(i) No portion of any fee paid herein shall be refundable.
Section 29-74 . Permits on wreckers.
(a) Auto wrecker and emergency wrecker permits shall be furnished
by the City of Beaumont and contain all the information that will
identify the wrecker as being permitted by the city. The location and
placement of the permit on said wrecker shall be under the direction of
the wrecker inspector. The permit is and shall always remain the
property of the City of Beaumont.
1. Lost or damaged permits shall be reported to the Wrecker
Inspector within 24 hours.
2 . The permit holder shall pay a $7.50 replacement fee.
Section 29-75. Permit-for wrecker company; required; procedure; fee;
term.
(a) Required. It shall be unlawful for any person to operate or
cause to operate any wrecker company utilizing permitted emergency
wreckers in the city, without having first obtained a wrecker company
permit from the city duly issued under this section to such person to
operate a wrecker company within the city.
(b) Application generally. An owner desiring to operate a wrecker
company in the city shall make application with the police department
for the issuance of a wrecker company permit. Such application shall
be submitted on forms furnished by the police department, and the
applicant shall furnish the following proof and information with his
application, which shall be sworn to before a notary public. A wrecker
company permit shall not be issued unless the applicant meets all
required provisions of the article.
PAGE 7 OF 19
1. That the owner making application has attained the age of
eighteen (18) years.
2 . That the applicant has complied with the Texas Department
of Labor and Standards Articles 6687-9a and 6687-9b
3 . The name and address of the true owner shall be stated.
If an individual, the application shall so state.
If a partnership, the partnership name and address shall
be given together with the names and addresses of all
partners. If a corporation, the corporation name and
office address shall be given together with the names and
addresses of the president and secretary.
4. The application shall state the physical location of
the business by street, number, name and phone number.
5. The owner of the wrecker company to be permitted has a
wrecker that will pass the required inspection as set
forth in this ordinance, and shall use this wrecker as the
companies vehicle when conducting business as a permitted
wrecker company.
(c) Location requirements. The wrecker company shall not be a
part of another business that performs a wrecker service as part of
that business. The wrecker company shall not be located at the same
physical location as another wrecker company.
1. The physical location of the business shall have an office
of not less than two hundred (200) square feet.
2 . The wrecker company shall have a phone number that is
different from any other wrecker company for the purpose
of contacting that company for wrecker calls from the no-
preference list maintained by the police department.
3 . The wrecker company shall have a sign on the business
premises identifying the company by name, address, hours
of business and phone number. Said sign shall be of a
size that may be read from a distance of not less than
three hundred (300) feet.
4 . The wrecker company shall present a copy of the state tax
license to operate as a wrecker company and the wrecker
company's name must be listed on the tax license.
(d) Fee. The permit fee to operate a wrecker company under the
terms of and conditions of this article shall be payable as follows:
1. At the time of original or renewal application for a
wrecker company permit is granted, and the wrecker
inspector has validated the application, the applicant
must pay a fee of two hundred and fifty dollars ($250. 00) ,
which includes the permit fee for one emergency wrecker to
be operated in the wrecker company's name.
2 . No portion of any fee paid herein shall be refundable.
PAGE 8 OF 19
(e) Term. A permit year shall be from March first to the last
day of February of each year.
(f) Transferability. A permit issued under this article for a
wrecker company shall be capable of being transferred by the permit
holder only if the following terms and conditions are met:
1. Wrecker company permits may be sold, transferred, or
assigned when the wrecker company which is permitted is
sold or transferred; provided, however, the proposed
purchaser or transferee meets the minimum standards and
requirements established in this article.
A fee of one hundred dollars ($100. 00) will be charged for permit
transfer.
An application under this section shall not be granted, if the
individual has in effect a wrecker company permit, is in partnership
with a wrecker company, is an employee of a company with a wrecker
company permit, or is a stockholder or a officer of a corporation that
has a wrecker company permit. An exception to this is that any permits
issued under this ordinance may be transferred two years from the date
this ordinance goes into effect regardless of whether the receiver of
the transferred or purchased permit has a wrecker company prior to the
sale or transfer. Except as otherwise provided, if a permit was issued
to an individual and that individual dies, the permit shall be
transferable to the deceased next of kin or in the event that there is
no next of kin, then the permit shall be voided.
Section 29-76. Same-Revocation.
(a) Any permit issued under this article may be revoked by the
police department upon determination by it that:
1. The owner of a wrecker or wrecker company has failed to
comply with the requirements of the Texas Department of
Labor and Standards Articles 6687-9 (a) (b) .
2 . The owner of a wrecker or wrecker company for which the
permit was issued, or any employer or agent of such owner
has solicited wrecker business in violation 29-87.
3 . The owner of the wrecker or wrecker company for which such
permit was issued or the applicant for such permit is
failing to comply and to maintain such wrecker in
compliance with the requirements set forth in section 29-
72, section 29-77 and section 29-79 for the issuance of
such permit.
4. The operator of the wrecker for which such permit was
issued has been convicted of a felony or misdemeanor
that directly relates to the duties and responsibilities
involved with the operation of a wrecker, revocation of
parole, or revocation of mandatory supervision.
5. Gross - Incompetence, as defined in section 29-70.
PAGE 9 OF 19
6. The applicant for an emergency wrecker, or auto wrecker
permit or wrecker company permit has falsified or made
misleading statements in the application for said permit.
7. The owner of the wrecker or wrecker company for which such
permit was issued or any employee or agent for such owner
or the applicant for such permit or any employee or agent
or such applicant has violated any provision of this
article.
(b) The Police department shall investigate all complaints arising
from reported violations of this article. Any wrecker company or
wrecker permits regardless of type, involved in the investigation shall
upon determination that a violation did occur and the permitted wrecker
or wrecker company was involved shall face a revocation of that permit
in the following manner:
1. First offense of any provision of this article shall be a
revocation of not less than thirty (30) days, a second
offense of any provision of this article shall be not less
than sixty (60) days, a third offense of this article
shall be a permanent revocation of the permit. No
revocation shall commence until time for appeal has
expired, or a final decision is rendered.
2 . A person that has had a permit permanently revoked may not
apply for a new permit for a period of not less than two
(2) years.
3 . At any time the permit is revoked for a violation of any
chapter in this article, and before the permit shall be
reinstated the wrecker company or owner of the wrecker
shall pay the current fee for that particular type of
permit renewal.
4. The time period for offenses will be computed on a two
year calendar basis. The originating date will be the day
that the first offense was judged to be valid. Any
subsequent offenses (second or third) will be included in
the two year period regardless of when the final
determination of the appeal is heard if the wrecker
company or its agents are found guilty of the violations.
(c) Appeal Procedure. Appeal of the decision to revoke or suspend
an auto wrecker or emergency wrecker permit by the wrecker inspector
shall be made to an independent hearing officer to be selected by the
City Manager. The Hearing Officer shall hear said appeal upon receipt
of a request in writing for such appeal received within fifteen (15)
days after the date of the decision of revocation by the wrecker
inspector. The wrecker inspector should be required to present
evidence upon which the decision was based. The decision of the
Hearing Officer shall be final.
Section 29-77. Insurance and Liability.
Before any permit shall be issued under this article to any owner
of an auto wrecker or emergency wrecker or before any renewal of said
PAGE 10 OF 19
permit shall be granted, the owner shall file with the wrecker
inspector a copy of an insurance certificate showing that the owner has
in effect a policy or policies as prescribed by the Texas Department of
Labor and Standards Articles 6687-9 (a) (b) .
1. The wrecker company will have the responsibility to see
that all insurance information is kept current with the
wrecker inspector.
Section 29-78 . Determination of Public Convenience and Necessity.
There shall be an initial period of thirty (30) days after the
effective date of this ordinance within which wrecker companies may be
permitted, after the expiration of such thirty days (30) days no
wrecker company shall be given a permit unless the city council shall
first declare by resolution that public convenience and necessity
require the proposed wrecker company be permitted by the police
department. Upon the filing of an application for a wrecker company
permit after the thirty days (30) from the effective date of this
ordinance, the city clerk shall give at least five (5) days notice in a
newspaper of general circulation in the city of the filing of the
application and that same shall be heard at the next regular meeting of
the city council, provided, such notice may be given for the length of
time herein provided for before the next regular meeting, and if not,
then notice shall state that it will be heard at the following meeting.
Section 29-79 . Equipment and Safety Requirements for All Wreckers.
All auto wreckers and emergency wreckers shall be not less than
three-quarter ton 13/4) in size before being permitted by the city, and
shall be provided with the following equipment which shall be adequate
for the purpose for which it is designed and shall further be kept in a
safe and usable condition at all times, and the wrecker shall be
operational:
(a) Each wrecker shall have brakes that meet braking performance
requirements under all loading conditions.
(b) No wrecker shall tow more than its actual weight unless it has
a 35, 000 pound winch capacity (single or dual line) , a 5/8" cable or
its equivalent, and air brakes.
(c) If a wrecker is pulling a vehicle weighing 26, 000 pounds or
more, the wrecker must be able to operate the towed vehicle's service
brakes. This provision does not apply if the towed vehicle has only
vacuum brakes.
(d) Each wrecker shall be equipped with a power winch, winch line,
and boom, with a factory-rated lifting capacity of not less than 8, 000
pounds, single line capacity or a hydraulic wheel lift with a factory-
rated lifting capacity of not less than 3, 000 pounds.
(e) All wreckers shall carry the following as standard equipment.
1. A tow sling or hydraulic lift which is sufficient to
prevent the swinging of any equipment being transported.
PAGE 11 OF 19
This subsection does not apply to vehicle carriers and
rollbacks.
2. 5/16-inch link steel safety chains for wreckers up to
10, 000 pounds gross vehicle weight and 1/2-inch link steel
safety chains for wreckers over 10, 000 pounds gross
vehicle weight. These link sizes are minimums.
3 . Rope, wire or straps suitable for securing doors, hoods,
trunks, etc.
4. Outside rearview mirrors on both sides of the truck.
(f) Any wrecker towing from the scene of an accident must be
equipped with the following.
1. ONE FIRE EXTINGUISHER that is properly filled and located
so that it is readily accessible for use. The fire
extinguishers shall meet no less than the requirements of
the National Fire Protection Handbook, 14th Edition
(1976) , and shall be so labeled by a national testing
laboratory approved by the department upon a finding that
the laboratory's testing procedures are reliable.
Wreckers up to 26, 000 pounds gross vehicle weight shall
carry a five (5) pound extinguisher, and wreckers over
26, 000 pounds shall carry a ten (10) pound extinguisher.
2 . ONE CROWBAR or WRECKING BAR of not less than thirty-six
(36) inches in length with a wedge head.
3 . ONE BROOM of a type designed for pushing with an eighteen
inch (18) head.
4. ONE FLAT-EDGED SHOVEL of at least nine (9) inches, with a
handle of not less than thirty-six (36) inches.
5. THREE REFLECTORS-portable red emergency.
6. ONE CONTAINER to carry glass and debris cleaned from
streets when picking up a wrecked vehicle.
7 . A SPOTLIGHT or FLASHLIGHT
8. TWO-WAY COMMUNICATIONS All wreckers shall be equipped with
two-way communications.
9. FLASHING WARNING LIGHTS that comply with the Uniform Act
Regulating Traffic on Highways, Texas Civil Statutes,
Article 6701-d.
10. TOWING DOLLIES.
(g) If a wrecker is pulling a vehicle weighing 10, 000 pounds or
more, and the towed vehicle does not have functioning tail lights, the
wrecker operator must supply the towed vehicle with functioning tail
lights. The tail lights must provide safe lighting of the towed
vehicle.
PAGE 12 OF 19
(h) If a wrecker uses a winch, a safety wrap must be preformed.
(i) Safety chains must be used on all tows.
(j ) All wreckers with a slip-in bed must have the bed properly
secured to the frame of the truck by a minimum of eight (8) one-half
inch diameter bolts. At least four (4) of these bolts must be at the
front of the slip-in bed.
(k) No wrecker shall lift or tow more than the lifting capacity
permits.
(1) No wrecker driver shall have or permit any handgun to be
carried in the wrecker when he is operating the wrecker. This
provision does not prohibit a peace officer certified by the Texas
Commission on Law Enforcement Officer Standards and Education from
carrying a handgun while operating or riding in a wrecker.
(m) All wrecker operators must have a valid drivers license of the
proper class.
(n) A wrecker operator shall ensure that while he is lifting a
vehicle in preparation for towing that no one but he shall be within a
safe distance of the wrecker and the vehicle to be towed. A safe
distance is at least twice the distance between the end of the boom and
the point of hook-up on the vehicle being winched or twice the distance
the car being lifted, whichever is greater. If a hydraulic lift is
being used, a safe distance is twice the distance to which the lift arm
is extended.
(o) If at any time during the process of hooking up or winching, a
wrecker or vehicle to be towed is in a lane of traffic, the flow of
traffic must be diverted. If the wrecker cable is strung across a lane
of traffic, the traffic must be stopped or diverted by a law
enforcement officer to permit safe winching or lifting of the vehicle
to be towed.
(p) The operator of each wrecker called to the site of an accident
shall remove from the site all resulting wreckage or debris, including
all broken glass, unless otherwise directed by a peace officer,
representative of the Texas Department of Highways, or, in the case of
hazardous materials, the Texas Water Commission. "Resulting wreckage
or debris" does not include the towed vehicle's load or cargo.
(q) All required safety mechanisms of the wrecker, including but
not limited to all headlights, taillights, turn signals, brakes,
brakelights, hazard lights, flashing warning lights, windshield wipers,
wiper blades, handles opening doors and windows, and tires, shall
operate and/or be in good repair.
(r) All wreckers shall operate within the applicable recommended
towed vehicle manufacturer's safety policies and procedures.
(s) No wrecker shall use a tow bar with pins of any kind, or any
other method of attachment, to tow a vehicle more than four blocks.
After four blocks, or sooner, the wrecker operator must drop the
PAGE 13 OF 19
vehicle and rehook it following all safety procedures established by
this section and by the manufacturers of the vehicle being towed.
(t) Each wrecker must meet the requirements of all other
applicable statutes in addition to meeting the requirements of these
rules.
Section 29-80. Identification of wreckers.
Each auto wrecker and emergency wrecker shall have the company
name, address and phone number under which that wrecker is operated on
both sides of said wrecker in letters of contrasting colors, the name
shall not be less than three (3) inches in height and not less than
five sixteenths (5/16) of an inch in stroke. All letters shall be of a
permanent type, that will weather the elements and shall be kept clean
and legible at all times. Material such as scotch line, trim-line, or
other such material will be considered as permanent signing. Magnetic
or stick on letters are not permanent signs. A wrecker will not have
the name of more than one company name on the side, except if that
wrecker is permitted in a company name other than the owner, then that
company name may also be put on the side of said wrecker.
Section 29-81. Payment of taxes.
(a) It shall be unlawful for any person to use the streets of the
city for the operation of an auto wrecker or emergency wrecker unless
the ad valorem taxes on all property used and useful in the furnishing
of an auto wrecker and emergency wrecker service shall have been first
paid.
(b) The owner or operator of any property used and useful in the
furnishing of auto wrecker or emergency wrecker service shall, on or
before the first day of February of each year, furnish the police
department satisfactory evidence that either all ad valorem taxes due
the city have been paid when due or that the owner or operator of any
wrecker or emergency wrecker is contesting said taxes.
Section 29-82 . Calling an emergency wrecker-Procedure Generally.
(a) When a vehicle has been involved in a collision or accident
and is unable to proceed safely, or when the driver thereof is physic-
ally unable to drive such vehicle, the police officer investigating
such accident or collision shall request the driver of such vehicle to
designate a wrecker company which has emergency wreckers permitted
under this article. The officer shall then communicate that fact
immediately to the police communications officer on duty at the police
headquarters, and it shall be the duty of such communications officer
to call the designated wrecker company to send their permitted wrecker
to the scene or site of such accident or collision. In the event such
driver is physically unable to designate a wrecker company or refuses
to designate one, the police officer investigating the accident or
collision shall notify the police communications officer of such fact
and the communications officer shall select a wrecker company from the
no preference list on a rotation basis, and call that wrecker company
to send that companies wrecker to the scene or site of such collision
or accident, unless the called wrecker company informs the police
PAGE 14 OF 19
communications officer of another wrecker company's wrecker that will
be sent to the call. The emergency wrecker summoned by the police
communications officer or sent by another wrecker company shall have
the sole responsibility of removing the wrecked vehicle and clearing
the right of way, except as stated below:
(b) If assistance is required, the wrecker operator and not the
police department shall summon additional wrecker vehicles; provided,
however the police officer on the scene of the accident has the right
to summon another wrecker in the most reasonably expedient manner when
an emergency situation exists as defined in section 29-83 hereof, or in
those instances where in the opinion of the police officer the wrecker
operator is acting in a grossly incompetent manner as the term "gross
incompetence" is defined in section 29-70. Such additional vehicles as
are summoned by the original wrecker operator must be qualified and
permitted as emergency wreckers under the provisions of this article,
and said permit must be prominently displayed upon said wrecker or
wreckers. Wreckers summoned and not so qualified are subject to the
sanctions and penalties contained in this article.
(c) It is further provided that in those instances where the
police officer at the scene is empowered by subsection (b) herein above
to summon additional or substitute wreckers, if such wrecker or
wreckers are permitted emergency wreckers, they shall lose their next
turn on the no preference rotation list maintained under subsection (a)
herein above.
(d) A response time of not more than thirty (30) minutes shall be
required of all wreckers that have been dispatched from the rotational
list by the police communications officer. In the event a wrecker has
not arrived at the scene or site within the time limit, the police
communications officer shall call that wrecker company and advise them
that their wrecker is cancelled, and that they shall lose that turn on
the No-Preference rotation list. The police communications officer
will then select the next no preference wrecker company from the list
and call that company to send that companies permitted wrecker to the
requested scene or site.
(e) In the event an owner of a vehicle that has been involved in
an accident contacts a wrecker company directly by phone or other
means, and requests that company to dispatch a wrecker to his location,
the wrecker company shall immediately contact the police communications
officer and request permission to dispatch his wrecker to the accident
site.
(f) In the event an owner of a disabled vehicle as a result of
damage contacts a wrecker company and requests that company to dispatch
a wrecker to his location, and upon arrival of said wrecker the wrecker
driver finds that the vehicle has been involved in an accident,
the driver shall notify the police communications officer of said
situation by the nearest and quickest means prior to taking any action
with respect to said vehicle.
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Section 29-83 . Same-In emergency situations.
The police department may in its discretion in emergency
situations, as defined herein below, summon in the most reasonably
expedient manner any wrecker or other vehicle to the scene of an
accident, without regard to the rotation list. For the purposes of
this article, an emergency is defined as follows:
If, in the mind of a reasonable and prudent police officer, the
situation is one in which lives or property are in imminent danger
or peril and necessity for speed outweighs the necessity of
calling a qualified and properly equipped, permitted wrecker, then
an emergency shall be deemed to exist.
In all other instances, subject to the exceptions noted in 29-82,
the police officer at the scene shall be compelled to notify the
communications officer to dispatch a permitted wrecker on the rotation
list. It will be the responsibility of the communications officer to
tone an alert and broadcast over the main channel for any emergency
wrecker that can respond to the emergency location. This situation
shall apply ONLY to a life threatening situation and not due to traffic
congestion.
Section 29-84. Removal of vehicles-wrecker driver responsibilities.
(a) All wrecker drivers shall follow the below listed procedures
prior to removing or towing a wrecked, damaged or disabled vehicle from
any street, highway or private property.
1. Every wrecker driver shall obey all lawful orders given by
any police officer, and shall not in any manner interfere
with any police officer in the performance of his duty.
2 . Wrecker drivers shall not remove any wrecked, disabled or
illegally parked vehicle from any public street without
authorization from a police officer; provided, however,
that the driver of a stalled or disabled vehicle not
involved in an accident may authorize a wrecker driver to
remove his vehicle when no police officer is present.
3 . Upon authorization to remove any vehicle from any street
or private property, every wrecker driver shall transport
such vehicle to his storage area, or to such other
location as ordered by the police officer; immediately and
by the most direct route.
4. The driver of any wrecker who is requested to perform any
towing or other service, shall first furnish in writing to
the owner or operator a list of all charges that pertain
to said service as set out in Sec. 29-90 (a)
5. No wrecker driver, whether responding to or returning from
the scene of an accident, shall be authorized to exceed
any posted speed limit.
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Section 29-85. Following ambulance, police or fire vehicles prohibited
No person shall follow in a wrecker any ambulance, police or fire
departments vehicle which is traveling on a public street on an
emergency run.
Section 29-86. Stopping, parking at scene of accident prohibited;
exceptions.
No person shall stop or park any wrecker within three hundred
(300) feet of the scene or site of a vehicle accident or collision
while any vehicle disabled, damaged or wrecked in such accident or
collision remains at such scene or site. The provisions of this
section shall not apply, however to any wrecker that:
1. Has attached to the wrecker valid permit's issued by
the city and the state for such emergency wrecker; and,
2 . Is called to the scene or site of the accident or
collision by the police department or have been given
clearance by the police department to be at the scene or
site of the accident or collision.
It shall not be necessary for a complaint charging a violation of
this section to negative the exception herein set forth, but this
exception may be urged as a defense by any person charged by such
complaint.
Section 29-87 . Soliciting on street prohibited.
No person shall solicit in any manner, directly or indirectly, the
business of towing, removing, repairing, storing, wrecking or buying
any vehicle which is wrecked or disabled on a public street.
Section 29-88. Maximum Charge for PREFERENCE AND NON-PREFERENCE
emergency wreckers.
1. Emergency tow, all size vehicles up to and includ-
ing one ton trucks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85.00
2 . Storage, any portion of the first 24 hours. . . . . . $ 5. 00
a. Over 24 hours, per day. . . . . . . . . . . . . . . . . . . . . . . $ 10. 00
b. For vehicles over five thousand (5,000) pounds gross
weight per day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25. 00
3 . Dolly or Roll back Tow, applies only if required or
requested by owner or operator. . . . . . . . . . . . . . . . . . $ 25. 00
4. Submerged Vehicles, where the vehicle is at least fifty
percent under water plus thirty six dollars ($36. 00)
per hour and other related expenses on one ton vehicles
or less. Vehicles over one ton will be regulated by the
Railroad Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50. 00
Towing and storage of any vehicle over five thousand (5000) pound gross
weight will be regulated by the standards set by the railroad
commission of the Texas Transportation Division.
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Section 29-89. City control of vehicle storage facilities.
The City of Beaumont shall continue to retain control over vehicle
storage facilities within the City of Beaumont. The Vehicle Storage
Facilities Act, Article 6687-9 (a) of the Revised Civil Statutes of
Texas, and the rules adopted thereunder, shall not apply inside the
limits of the City of Beaumont.
Section 29-90. Towing information to be furnished to owner or
operator.
(a) No wrecker driver shall tow a motor vehicle with the owner or
operators consent unless he has informed the owner or operator in
writing the following:
1. The exact fee to be charged for the towing of a vehicle
within the Beaumont city limits. Fees relating to towing
of a vehicle outside of the city limits of Beaumont shall
be by agreement between both the wrecker company and the
owner or operator of vehicle to be towed.
2 . The method of payment of said fee.
3 . The name of the wrecker company picking up the vehicle.
4. The telephone number(s) at which the wrecker company may
be contacted.
5. The location to which the vehicle will be towed, if not
specified by the owner or operator, or agent of the owner.
(b) If a wrecker driver has accepted a motor vehicle to be towed
to a place designated by the vehicle owner or operator, but is unable
to deliver the vehicle to the place so designated, he shall make every
effort by whatever means to notify the owner or operator as to the
reasons the vehicle was not taken to the place agreed and to where the
vehicle was taken.
(c) In the event that the owner or operator are not present when
the vehicle is picked up by a wrecker company, the wrecker driver shall
take the vehicle to his companies storage facilities, where the vehicle
shall remain until the owner or operator contacts said wrecker company.
(d) Each wrecker company permit holder shall keep full and
complete books of account in accordance with sound business practices.
(e) Any permit holder, or applicant, by virtue of making
application therefor, agrees to permit during normal business hours the
inspection of premises, wrecker equipment, storage facilities , records
of vehicles towed and records of fees and charges of a said incident.
This authority is held by the Chief of Police or his designated
representative.
PAGE 18 OF 19
Section 29-91 . Penalties - Fines.
Any person violating any of the provisions of this
article shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
( $100 .00 ) dollars nor more than two hundred ( $200.00 ) dollars.
Each day such violation is permitted or continued to exist shall
be and is deemed to constitute a separate offense.
Section 2.
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3 .
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 4.
Any person who violates any provision of this ordinance
shall, upon conviction, be punished as provided in Section 1 -8 of
the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of , 1988.
- Mayor -
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