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HomeMy WebLinkAboutORD 71-61LN/1Im/10/8/71 ORDINANCE NO. �1- ( I ENTITLED AN ORDINANCE AMENDING CHAPTER 41A OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY THE ADOPTION OF A NEW CHAPTER 41A ENTITLED "WRECKERS"; PROVIDING DEFINITIONS; PROHIBITING FOLLOWING OF AMBULANCE AND POLICE CAR BY WRECKERS; PROHIBITING STOPPING OR PARKING AT THE SCENE OF AN ACCIDENT AND PROVIDING FOR EXCEPTIONS; PRO- HIBITING SOLICITATION ON STREETS; PROVIDING PROCEDURE FOR CALLING AN EMERGENCY AUTO WRECKER; REGULATING THE OPERATION OF.AN EMERGENCY AUTO WRECKER; PROVIDING FOR REQUIRED EQUIPMENT ON ALL WRECKERS; PROVIDING FOR A PERMIT FOR AUTO WRECKERS; PROVIDING FOR A PERMIT FOR EMERGENCY AUTO WRECKERS; PROVIDING FOR INSURANCE; PROVIDING THE TERMS UNDER WHICH A WRECKER PERMIT MAY BE REVOKED; PROVIDING FOR TRANSFERABILITY OF PERMITS; REQUIRING PAYMENT OF PERSONAL PROPERTY TAXES ON WRECKERS; PROVIDING FOR HEARING ON PUBLIC CON- VENIENCE AND NECESSITY OF WRECKER COMPANIES DESIRING TO PERMIT WRECKERS WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING ANY WRECKER MAY BE CALLED IN EMERGENCY SITUATIONS; PROVIDING FOR IDENTIFICATION OF WRECKERS BY NAME; PROVIDING FOR THE CONTENTS OF THE PERMIT TO BE ISSUED; PROVIDING FOR SUFFICIENT STORAGE OF WRECKED OR DISABLED VEHICLES; EXCEPTING FROM THE APPLICABILITY OF THIS ORDINANCE PERSONS WHO TOW-, CARRY OR OTHERWISE TRANSPORT A VEHICLE WHICH THEY OWN; MAKING VIOLATION OF THIS ORDINANCE A MISDEMEANOR; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Chapter 41A of the Code of Ordinances of the City of Beaumont be amended to read as follows: "CHAPTER 41A 11Wreckers "Sec. 41A-1. Definitions. (a) Person. By the term 'person' is meant any individu�—Firm, partnership, association, corporation, company or organization of any kind. '(b) Street. By the term '`street' is meant the entire wi Ttz etween 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. "(c) Vehicle. By the term 'vehicle' is meant every device i—°n, 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. &"-7/- 6 l //- lam- 7 /0S "(d) Motor Vehicle. By the term 'motor vehicle' is meant every vehicle that is self propelled but not operated upon rails. "(e) Auto Wrecker. The term 'auto wrecker' shall mean any motor vehicle used for the purpose of towing, pushing, 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 does not appear at the scene of an accident where a vehicle has been 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 such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towage or transportation of disabled vehicles. The term 'auto wrecker' shall not be construed to include vehicles used by persons towing, carry- ing and storing totally wrecked or disabled vehicles for the 'salvage pool' business. The salvage pool business is that business of collecting and storing 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 such purposes through means of ropes, chains, or other- wise, the same shall be considered an 'auto wrecker', within the terms of this article. "(f) Emergency Auto Wrecker. The term 'emergency auto wrecker' shall mean an auto 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 or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident. "(g) Wrecker Business. By the term 'wrecker business' it is meant the business of towing or re- moving disabled or wrecked vehicles on the -public streets, regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase such disabled or wrecked vehicles. To be a wrecker business within the meaning of this ordinance, the business must be established within the city limits of the City of Beaumont, Texas, and all wreckers associated with said wrecker business must be garaged within Beaumont, Texas. "(h) Wrecker Driver. The term 'wrecker driver' means any i.n ivi ual who actually operates and drives any auto wrecker or emergency auto wrecker on the streets of the City, either on his own account or in the employ of another. "(i) Permitted Wrecker. The term 'permitted wrecker' re ers to any automobile wrecker or emergency auto wrecker as defined herein which has received a permit that is still in effect under the terms and conditions of this ordinance. -2- 4 "(j) No Preference List. The term 'no preferencelist' shall refer to a list of permitted emergency auto wreckers maintained on a rotation basis by the Police Department. "Sec. 41A-2. Following ambulance, police car pro ibite . "No person shall follow in a wrecker any ambulance or police car which is traveling on a public street in response to a report of an auto- mobile accident or collision. "Sec. 41A-3. Sto ing parking at scene of accident pro i ite ; exceptions. "No person shall stop or park a 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, how- ever, to any wrecker that: (a) Has attached to the windshield of such wrecker a valid permit issued for such emergency auto wrecker by the Chief of Police; and, (b) Is called to the scene or site of an accident or collision by the Police Department of the City or has been given clearance by the Police Department to be at the scene or site of an 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. "Sec. 41A-4. Soliciting on streets prohibited. "No person shall solicit in any manner, directly or indirectly, the business of towing, removing, re- pairing, storing, wrecking or buying any vehicle which is wrecked or disabled on a public street. "Sec. 41A-5. Procedure for calling an emergency auto wrecker. "When a vehicle which has been involved in a collision or accident is unable to proceed safely, or when the driver thereof is physically unable to drive such vehicle, the police officer investi- gating such accident or collision shall request the driver of such vehicle to designate a wrecker company which has emergency auto wreckers permitted under this ordinance. When the driver has designated the wrecker company desired, the police officer shall -3- 0 communicate that fact immediately to the police communications officer on duty at police head- quarters, and it shall be the duty of such communications officer to call the designated wrecker company to send a 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 said communications officer shall select a wrecker from the'no preference list in a rotation basis and call that wrecker company owning such wrecker to send a wrecker to the scene or site of such collision or accident. "Sec. 41A-6. Regulations of o eration of emergency auto wreckers. "(a) No driver of a wrecker shall remove any wrecked, damaged or disabled vehicle which has been involved in an accident or collision from the place where such accident or collision has occurred, or attach his wrecker to such wrecked, damaged or dis- abled vehicle until the police officer investigating such accident or collision shall have completed his investigation. "(b) It shall be the duty of the driver of each wrecker that removes a wrecked, damaged or disabled vehicle from the place where an accident or collision has occurred to clear and remove -any and all debris, parts or glass accumulated as a result of the accident or collision from the street. In the event two or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear and remove debris, parts or glass from the street. "Sec. 41A-7. Required equipment for all wreckers. "All auto wreckers and emergency auto wreckers, before being permitted by the City of Beaumont, shall be provided with the following equipment which equip- ment shall be adequate for the purpose for which it is designed and shall further be kept in useable condition at all times: (1) Fire extinguisher. Such fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Such fire extinguisher shall be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. The decision of the City Fire Department with respect to the adequacy of any fire extinguisher shall be final. . (2) Parking flares. Such parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. -4- (3) Tow bars. Such tow bars being that piece of equipment sometimes known as the A -frame, which is a part of the auto wrecker and is used to hold a vehicle, which has been elevated for towing, rigid and to prevent swinging of such raised vehicle as it is being towed. When a vehicle is being towed, the tow bar shall be in place to prevent swinging. Such tow bar shall be attached to a rubber sling or such sling so constructed so as to prevent damage to a towed vehicle. (4) Broom. Such broom being that piece of equip- ment commonly known as a shop or push broom with a head not less than twelve (12) inches in width. (5) Wrecking bar. Such wrecking bar being a piece of equipment commonly used on wreckers not less than thirty-six (36) inches in length. (6) Shovel, ax and first aid kit. (7) Winch and boom. Such winch being a power operated winch line and boom with a factory rated lifting capacity (or a tested capacity) of not less than five thousand (5,000) pounds, single line capacity and a boom not less than five (5) feet in length. Winch operating controls must be operable from either side of the truck or from inside the cab. (8) Booster brakes and size. No wrecker shall be permitted which is less than three-quarters ton in size and is equipped with booster brakes. (9) Safety chains. Such safety chains being not less than two seven (7) feet in length and having a minimum factory test strength of eight thousand (8,000) pounds. "Sec. 41A-8. Permit for auto wreckers. "(a) 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, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles or for any other purpose, without having first obtained 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 division; provided that the holder of an emergency auto wrecker permit under division 3 of this article shall not be required to obtain an auto wrecker permit under this division, and further provided that the owner of any wrecker that is permitted or licensed by the ordinance of any other municipality in this state shall be allowed to enter the City of Beaumont to pick up a disabled vehicle at any place other than the scene or site of a wreck or accident and transport said vehicle out of the -5- City of Beaumont or transport into or through the City of Beaumont such a disabled vehicle. "(b) Application. Any owner desiring to operate an auto wrecker in the City shall apply in writing for a permit to the Police Department, and shall state the following in his application: (1) The name and address of the owner. If an individual, the application shall so state. If a partnerships 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. (2) The number of auto wreckers the applicant desires to operate, listing the make, model, motor number and correct state license number of each auto wrecker. (3) The true ownership of each auto wrecker. If not owned outright by the owner, the name and address of the true owner shall be given. If the auto wrecker is operated under the terms of a contract with some other company than the owner, a copy of the contract shall also be attached. (4) That the owner will obey the provisions of this article and of all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit may be revoked or suspended. 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 fee for an auto wrecker permit shall be Twenty-five and No/100 ($25.00) Dollars per year for each auto wrecker proposed to be operated by the applicant. If a permit is granted subsequent to the 31st day of December in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. By 'month' is meant a calendar month; that is, from the first day of one month to the last day of the same month. "Sec. 41A-9. Permit for emergency auto wreckers. "(a) It shall be unlawful for any owner to drive or operate or cause to be driven or operated any emergency auto 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 an accident where the wrecked or disabled vehicles have collided with any other vehicle or other object or which have been wrecked or disabled in an accident without having first obtained an emergency auto wrecker permit from the City duly issued under this division to such person to operate an emergency auto wrecker on the streets of the City. "(b) In any prosecution for a violation of subsection (a) of this section, proof that an owner's auto 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 con- stitute prima facie evidence that such owner was operating or causing to be operated his auto wrecker as an unpermitted emergency auto wrecker, but the person charged shall have the right to introduce evidence to prove that the Police Department summoned him to the scene of the accident. "(c) Application.. Any owner desiring to operate an emergency auto wrecker in the City shall make application to the Police Department for an emergency auto wrecker permit. The applicant shall furnish the following proof and information.with his application which shall be sworn before a notary public: (1) The name and address of the owner shall be stated, and if the emergency auto wrecker is to be operated under the name of some other company than the name of the owner, then the name of the company shall be stated. That the wreckers to be permitted will be garaged within the city limits of Beaumont. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the emergency auto 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 Depart- ment has been notified in writing and a signed 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 corpor- ate name and office address shall be given, together with the names and addresses of the president and secretary. "(d) Fee. The permit fee to operate an emergency auto wrecker shall be One Hundred Eighty and No/100 ($180.00) Dollars per year payable to the City of Beaumont for each emergency auto wrecker which has been authorized to operate by the Police Department. In any permit year, the fee shall be paid pro rata at Fifteen and No/100 ($15.00) Dollars per month for the balance for the year and any portion of the month shall be considered an entire month in calculating the fee to be charged. By "months" is meant a permit month, that is, from the first day of one month to the end of that same month. -7- "Sec. 41A-10. Insurance. "Before any permit shall be issued under this article to any owner of an auto wrecker or emergency auto wrecker or before any renewal of said permit shall be granted, the owner shall file with the Police Department a certificate showing that the owner has in effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Texas, and in the standard form approved by the State Board of Insurance of Texas, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a wrecker for which such permit is to be issued, and providing that the amount of recovery on each wrecker shall be in limits of not less than the following sums: (1) For damages arising out of bodily injury to or death of one person in any one accident. Twenty-five Thousand and No/100 ($25,000.00) Dollars, (2) For damages arising out of bodily injury to or death of two or more persons in any one accident Fifty Thousand and No/100 ($50,000.00) Dollars, and (3) For any injury to or destruction of property in any one accident Ten Thousand and No/100 ($10,000.00) Dollars. "Sec. 41A-11. Revocation of wrecker permit. "Any permit may be revoked by the Chief of Police upon a determination by him that: "(a) The owner of the wrecker for which such permit was issued or any employee or agent of such owner, or the applicant for such permit or any employee or agent of such applicant has violated any provision of this chapter within the sixty (60) days immediately preceding the date of revocation; "(b) The owner of the wrecker 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 Sec. 41A-8 for the issuance of such permit; "(c) The Owner of the wrecker for which such permit was issued or any employee or agent of such owner, or the applicant for such permit or any employee or agent of such applicant has been convicted, within sixty (60) days immediately preceding the date of revocation, for a second moving violation of the traffic laws of the State of Texas, or its political subdivisions, within the twelve (12) month period immediately preceding the date of revocation, providing that such second moving violation -occurs while the violator is driving or operating a wrecker for which a permit has been issued under the provisions of this chapter. ME �Q r l 11(d) The owner of the wrecker for which such permit was issued or any employee or agent of such owner, or the applicant for such permit or any employee or agent of such applicant has used information received from a broadcast on the shortwave radio frequency of the Police Department or Fire Depart- ment for his own benefit or the benefit of another person in connection with .the operation of a wrecker business, within the sixty (60) days immediately preceding the date of revocation, or has such a short- wave receiver in any wrecker. "Sec. 41A-12. Transferability of permits. "(a) A permit issued under this division for an emergency auto wrecker shall be.a personal permit to the owner and shall not entitle any other person or corporation to operate such emergency auto wrecker. Any emergency auto wrecker permit may be sold, trans- ferred and assigned when the emergency auto wrecker on which the permit is issued is'sold but .such trans- fer and sale must first be approved by the Police. Department. Such transfer and sale shall not be approved by the Police Department unless the proposed purchaser sha1.l..qualify under the minimum standards and requiremen t -s as set out in this ordinance. "(b) Whenever an owner wishes to discontinue the use of an emergency auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the emergency.auto wrecker covered by his permit, and desires to use another emergency auto wrecker in its place. He shall then file new proof of insurance or an endorsement forming a part of his insurance policy or certificate, from his insurer, substituting the auto wrecker covered by his permit, with the other auto wrecker he desires to use in its place. The Police Department shall then issue the owner a supplemental permit covering the new emergency auto wrecker and cause the description of the old emergency auto wrecker to be cancelled from the original permit. In the insurance endorsement from the insurer and supplemental permit, the old and new emergency auto wrecker shall be described by make, model, motor number and state license number. "Sec. 41A-13. Providing for 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 an emergency auto wrecker unless the ad valorem taxes on all property used and useful in -the furnishing of an auto wrecker and emeregency auto 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 auto wrecker service shall, on or before the 1st day of February of each year, furnish the Police Department satisfactory evidence that either all ad valorem taxes and other taxes due the city have been paid when due or that the owner or operator m of any auto wrecker or emergency auto wrecker service is contesting said taxes,. The Police Department shall have fifteen (15) days after filing such evidence to determine whether such evidence is true and correct and if such investigation discloses that such taxes were not paid, the Police Department shall cause the owner's permit to be suspended, cancelled or revoked. "Sec. 41A-14. Determination of public convenience and necessity. "There shall be an initial period of sixty (60) days after the effective date of this ordinance within which wrecker companies may permit their emergency auto wreckers, after the expiration of such sixty (60) day period no emergency auto wrecker shall be given a permit unless the city council shall first declare by resolution that public con- venience and necessity require the proposed emergency auto wrecker be permitted by the Police Department. Upon the filing of an application for an emergency auto wrecker permit after the expiration of sixty (60) days 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. "Sec. 41A-15. Emergency situations. "The Police Department may in its discretion in emergency situations only summon any wrecker for any purpose that it considers necessary for the health, safety or welfare of the citizens or property of the City of Beaumont or any other citizens. "Sec. 41A-16. Identification of wreckers by name. "Each auto wrecker and emergency auto wrecker shall have the name under which that wrecker is operated on the side of said wrecker in letters not less than three (3) inches in height of a permanent type lettering. "Sec. 41A-17. Contents of permit. "Auto wrecker and emergency auto wrecker permits shall be of the type that can be adhered to the wind- shield of the wrecker. The permits will contain such information of identification as is determined to be necessary by the Police Department. Emergency auto wrecker permits shall be of a different color than auto wrecker permits. -10- "Sec. 41A-18. Storage of wrecked or disabled vehicles. "Each applicant must have sufficient storage space within the City of Beaumont to store wrecked, stored or disabled vehicles and provide sufficient insurance to cover the probable losses by fire or theft occuring to the stored vehicles. Proof of said insurance must be furnished to the Police Depart- ment before any permit under this ordinance shall be issued. "Sec. 41A-19. Exceptions. "This ordinance shall not be applicable to,persons who tow, carry or otherwise transport a vehicle which they own. "Sec. 41A-20. Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Two Hundred and No/100 ($200.00) Dollars." Section 2. If a portion or provision of this ordinance be held invalid or unconstitutional, the validity of the remaining provisions shall not be affected thereby and for this purpose, the City Council of the City of Beaumont declares this ordinance to be severable. Section 3. That all ordinances, or parts of ordinances, in conflict herewith.., are hereby repealed to the extent of the conflict only. Section 4. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and shall be punished in accordance with Section 1-8 of this Code. 1971. PASSED by the City Council thisday of -11- - Mayor -