(a) 
All persons or corporations operating automotive wrecker or towing business within the city limits of the city, shall be governed by this article.
(b) 
Failure to abide by the wrecker business regulations shall carry a fine of up to Two Hundred Dollars for each violation.
(Ordinance 032789 adopted 3/27/89)
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein:
City.
The area contained within the municipal boundary lines of the city, as they may be located from time to time.
Emergency Wrecker Business.
The business of towing or removing disabled, wrecked, impounded and abandoned vehicles from the public streets of the city, unless the purpose of the towing is to remove, repair, or store such vehicles.
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 or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident. It shall also be construed to mean a wrecker used to tow, remove or otherwise haul away vehicles impounded by the city police department as well as those abandoned vehicles ordered to be removed by the city police department.
Motor Vehicle.
Includes commercial motor vehicles and means every vehicle which is self-propelled as those terms are defined in V.A.T.S. 6701d-11 and is subject to registration pursuant to the Texas Certificate of Title Act.
Owner.
Any person who holds the legal title to a motor vehicle or who has the legal right of possession thereof.
Person.
Includes any individual, company, partnership, or corporation duly licensed to do business in the state.
Rotation Lists.
A list of permitted emergency wreckers maintained on a rotation basis by the police department.
Vehicle.
Every device in or by which any person or property is or may be transported or drawn upon a highway except devices moved only by human power are used exclusively upon stationary rail or tracks, and shall include trailers and semi-trailers.
Wrecker.
Any motor vehicle used for the purpose of towing, pushing, or otherwise transporting any motor vehicle, which has been disabled, abandoned, or impounded.
(Ordinance 032789 adopted 3/27/89)
From and after the effective date of this article, except as hereinafter provided, it shall be unlawful for any person to operate an emergency wrecker business and/or emergency wrecker within the city, for the purpose of towing or hauling wrecked, disabled, impounded or abandoned vehicles, without having first obtained an emergency wrecker permit from the city under the terms and provisions of this article.
(Ordinance 032789 adopted 3/27/89)
Every person desiring to engage in the emergency wrecker business in the city shall complete an application in writing on a form provided for that purpose by the city secretary for a permit to engage in the emergency wrecker business for each wrecker proposed to be operated. For each emergency wrecker for which a permit is sought, the applicant must submit the name and address of the owner, the name under which the business is to be operated, together with the make, model and vehicle identification number of the vehicle to be permitted. The information contained in such application shall be sworn to by the applicant, and if a corporation, it shall be signed by the president and attested to by the secretary and the corporate seal affixed. Each application, when filed, shall be accompanied by the applicant’s check in the amount of the permit fee made payable to the city. In the event a permit is not granted upon such application, the permit fee deposit shall be returned to the applicant.
(Ordinance 032789 adopted 3/27/89)
The permit fee to operate an emergency wrecker in the city shall be fifty dollars ($50.00) per year, payable to the city for each emergency wrecker, which has been authorized to operate by the city council. All permits issued shall expire on December 31st of the year in which they were issued.
(Ordinance 032789 adopted 3/27/89)
Prior to the issuance of said permit, the vehicle for which it is to be issued shall be inspected by a designated representative of the city police department at a time and place of his designation in
the city, during the regular business hours of the city for the purpose of determining that said vehicle has all the emergency equipment required by this section. Upon the successful completion of such inspection and submission of a certificate of insurance showing compliance with the insurance requirements of this article, the aforementioned application shall be submitted to the city council for its consideration.
(Ordinance 032789 adopted 3/27/89)
(a) 
In the event the city council fails or refuses to approve such application, the applicant shall be given written notice thereof within ten (10) days from the date of the council meeting, at which time it was submitted for their consideration. Said applicant shall be entitled to a public hearing on said rejection of his application by giving written notice to the city council within ten (10) days thereafter. Upon receipt of a request for such public hearing, the city council shall conduct such hearing within thirty (30) days thereafter. At the time of the hearing, an investigation with reference to whether or not public convenience and necessity exist, the city council shall consider all the evidence of the applicant and his witnesses. It shall hear all the evidence of the protestants and their witnesses and shall have the right to call such other witnesses as the council may deem necessary. In all such hearings, the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that public convenience and necessity exist for the operation of the emergency wrecker designated in the application. In determining whether the public convenience and necessity exist for the issuance of a permit on the application to operate an emergency wrecker on the streets of the city, the council shall take into consideration:
(1) 
The financial responsibility of the applicant;
(2) 
The number of vehicles to be operated;
(3) 
Moral character of the applicant;
(4) 
Make, model and type of the vehicle that is to be used;
(5) 
The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike;
(6) 
Storage facilities for wrecked vehicles and size of business location and lot;
(7) 
Determination that the ad valorem taxes and other taxes of the applicant have been paid;
(8) 
Whether or not the vehicles shall be operated by the owner or by his employee with bona fide employer/employee relationship;
(9) 
Whether the applicant proposes to own, rent or lease the vehicles to be used;
(10) 
The number of emergency wreckers then in existence and licensed by the city;
(11) 
Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional permits for emergency wreckers; and
(12) 
The resulting effect upon the business of holders of existing permits.
(b) 
If the council finds after their hearing and investigation that public convenience and necessity exist for the operation of the emergency wrecker that has been applied for, the city secretary shall then notify the applicant in writing within fifteen (15) days that such vehicles are authorized to be permitted under the provisions of this article and all applicable federal, state, county and local regulations.
(c) 
If the city council finds from its hearing and investigation that public convenience and necessity do not exist for the operation of the emergency wrecker that has been applied for, it shall notify the applicant in writing within fifteen (15) days from the last date of the hearing.
(Ordinance 032789 adopted 3/27/89)
A permit issued under this article for an emergency wrecker shall be a personal permit to the owner of the emergency wrecker business and such emergency wrecker shall be operated exclusively by the owner, or his duly authorized agents and employees. Such permit shall be renewable from year to year so long as the owner of the emergency wrecker business owns the permitted vehicle. Such permit shall not be sold, transferred, and/or assigned.
(Ordinance 032789 adopted 3/27/89)
Whenever any owner wishes to discontinue the use of an emergency 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 wrecker covered by his permit and desires to use another emergency wrecker in its place. He shall then file a new proof of insurance or an endorsement forming a part of his insurance policy or certificate from his insurer, substituting the wrecker covered by his permit with the other wrecker he desires to use in its place. The city secretary shall then issue the owner a supplement permit covering the new emergency wrecker and cause the description of the replaced wrecker to be cancelled from his permit.
(Ordinance 032789 adopted 3/27/89)
Upon complaint being filed by any person with the city police department that the owner of the wrecker for which such permit was issued or any employee or agent of such owner has violated
any provision of this article or has been convicted of any offense under the laws of the federal, state, and/or local governments, the city council shall after fifteen (15) days’ written notice to the holder of such permit of the grounds of such complaint or upon his motion to conduct a hearing to hear evidence with regard to such complaint. Should such hearing reveal a violation of any of this article or the laws of this state, or federal government, or ordinances of this city, the city council may suspend, cancel or revoke the permit for such time and under such terms and conditions as they deem appropriate.
(Ordinance 032789 adopted 3/27/89)
All emergency wreckers, before being permitted, shall be provided with the following equipment which shall be kept in good working condition at all times:
(1) 
Overhead Emergency Lights.
All permitted vehicles shall be equipped with rotating or flashing overhead emergency lights.
(2) 
Tow Bar.
All emergency wreckers shall be equipped with a tow bar to be used to hold a vehicle and prevent swinging of it while being towed. Such tow bar shall be attached to a rubber sling or such sling so constructed as to prevent damage to a towed vehicle.
(3) 
Winch and Boom.
All emergency wreckers shall be equipped with a power-operated winch line and boom with a factory-rated lifting capacity of not less than five thousand (5,000) pounds. Winch-operated controls must be operable from either side of the vehicle or from inside the cab.
(4) 
Safety Chains.
All emergency wreckers shall be equipped with not less than two (2) six-foot safety chains having a minimum test strength of eight thousand (8,000) pounds.
(5) 
Fire Extinguisher.
All emergency wreckers shall be equipped with a standard type, chemical fire extinguisher designed to combat motor vehicle fires. The decision of the fire department with respect to the adequacy of such fire extinguishers shall be conclusive.
(6) 
Emergency Warning Devices.
All emergency wreckers shall be equipped with a minimum of six (6) signal flares, lights or other emergency warning devices to warn of an obstruction on the highway.
(7) 
Boom.
All emergency wreckers shall be equipped with a large shop or push broom with a head not less than fourteen inches (14") in width.
(8) 
Wrecking Bar.
All emergency wreckers shall be equipped with an iron bar not less than thirty-six inches (36") in length.
(9) 
Shovel.
All emergency wreckers shall be equipped with a large shovel to be used for the purpose of removal of debris from any accident scene.
(10) 
Flashlight.
All emergency wreckers shall be equipped with at least one (1) flashlight in operable condition.
(11) 
Towing Dollys.
All emergency wreckers shall be equipped with at least two (2) wheeled motor vehicle towing dollys to be used for the purpose of removing disabled vehicles from the scene of the accident when the undercarriage has been so damaged as to be inoperable.
(Ordinance 032789 adopted 3/27/89)
(a) 
Before any permit shall be issued under this article, the applicant shall procure and keep in force and effect, a policy or policies of public liability and property damage insurance issued by a casualty company authorized to do business in the state, and in the standard form approved by the board of insurance directors of the state. The provisions of said policy shall insure the public from any loss or damage that may arise to any person or property by reason of the operation of any emergency wrecker of such company and will provide that the amount of recovery on each emergency wrecker shall be in limits of not less than the minimum limits of liability of the state.
(b) 
Further, each emergency wrecker company to whom a permit has been granted for the operation of an emergency wrecker shall carry garagekeepers, legal liability insurance to cover damage to stored vehicles due to fire, explosion, theft, riot, vandalism and collision. An acceptable fidelity bond in the amount of $25,000.00 insuring and naming the city as beneficiary against the aforementioned losses may be furnished in lieu of said insurance.
(Ordinance 032789 adopted 3/27/89)
The operator of the emergency wrecker business shall have a local telephone number the county and available service within a ten mile radius of the city for properly accommodating, storing and protecting all the motor vehicles coming into his possession under this article. Storage lots shall be a minimum lot size of fifty (50) feet by one hundred (100) feet and enclosed by a fence of at least six (6) feet in height. The sides of such fence facing any public street shall be constructed of such material as may screen the storage lot from view; the remaining sides shall be constructed of such material as may prevent ready access to the premises by unauthorized persons and thereby provide for the security of the motor vehicles stored thereon. The emergency wrecker business shall be open for operation during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday of each week, so as to make it possible for the owners to obtain return of their stored vehicles. The lot size and fencing requirements of this provision shall not apply to any emergency wrecker business that has sufficient facilities for inside building storage.
(Ordinance 032789 adopted 3/27/89)
Within ten (10) days of the date of the issuance of an emergency wrecker permit, the owner shall cause to be painted on the left and right sides of said vehicle the name and telephone number of the emergency wrecker business in letters contrasting with the color of the vehicles; each letter shall be a minimum of four inches (4") in height.
(Ordinance 032789 adopted 3/27/89)
(a) 
The fee to be charged for emergency wrecker service within the city shall be in such amounts as may be established by resolution of the city council from time to time. Such fees shall be inclusive for all services rendered at the scene of the accident.
(b) 
The fee charges for towing vehicles larger and heavier than the ordinary passenger vehicle or pick up truck as well as the fee for towing in a vehicle from inside the city to a point outside the city shall be based upon negotiations between the operator of the emergency wrecker business and the owner of the vehicle to be towed. The city council shall have the authority to review any allegations of overcharging for such services and adjust the price charged therefor to an amount equal to the usual and customary rate charged by a majority of the other emergency wrecker businesses operated within the city.
(Ordinance 032789 adopted 3/27/89)
The fees charged for labor, equipment and other special services provided at the scene of an accident or in removing impounded or abandoned vehicles shall be based upon negotiations between the operator of the emergency wrecker business and the owner of the vehicle to be removed. The city council shall have authority to review any complaint or allegations of overcharging for such services and to adjust the price charged therefor to an amount equal to the usual and customary rate charged by a majority of the other emergency wrecker businesses operated within the city.
(Ordinance 032789 adopted 3/27/89)
Each emergency wrecker shall be equipped at all times with a commercially printed receipt book with the name of the emergency wrecker business, its address and telephone number printed on each receipt. The receipts shall be so constructed as to produce an original and two (2) duplicates. The operator of the emergency wrecker shall issue a receipt to the person for whom the services were rendered, and the police officer at the scene, showing all charges to be incurred for such services. The owner of the emergency wrecker business shall maintain a permanent record of all such receipts in the office of the business which may be opened for inspection by designated members of the city police department at all times during normal business hours.
Prior to releasing any vehicle, the owner of the emergency wrecker business shall require proof of ownership or right of possession to any vehicle prior to the release thereof.
(Ordinance 032789 adopted 3/27/89)
No person shall solicit in any manner, indirectly or directly, on the streets of the city, the business of towing any vehicle which has been involved in an automobile accident, regardless of whether the solicitation is for the service of towing, removing, repairing, wrecking, storing, trading, or purchasing said vehicle.
(Ordinance 032789 adopted 3/27/89)
The operator of any emergency wrecker service shall, on or before the first day of February of each year, provide the city police department with 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 of the business is contesting said taxes. In the event such taxes are not paid, the police department shall advise the city council thereof which shall then consider whether the permit shall be suspended until such time as said taxes are paid.
(Ordinance 032789 adopted 3/27/89)
When a vehicle which has been involved in a collision or accident and is unable to proceed safely, or when the driver thereof is physically unable to drive such vehicle as a result of injuries sustained in the accident, the police officer investigating such accident shall request the driver of such vehicle to designate a wrecker company which has an emergency wrecker permit under this article. If such designation is made, the police officer shall communicate the designation to the appropriate emergency wrecker business to proceed to the scene of such accident or collision. In the event such driver is physically unable to designate an emergency wrecker company or refuses to do so, the police officer investigating the accident shall conduct a drawing by lot of those emergency wrecker operators on the scene to provide such services.
(Ordinance 032789 adopted 3/27/89)
When a motor vehicle has been impounded by order of an officer of the city police department, or when the abandoned vehicle is to be removed from the streets of the city by order of an officer with the city police department, the investigating officer shall select on a rotating basis an emergency wrecker business permitted under this article and call the operator of such business to send an emergency wrecker to the location of such vehicle for the purpose of removing the same.
(Ordinance 032789 adopted 3/27/89)
No police officer investigating or present at the scene of any accident or collision shall directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of a particular emergency wrecker service or repair business; nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting such service.
(Ordinance 032789 adopted 3/27/89)
It shall be unlawful for any person operating an emergency wrecker service to remove the wrecked vehicle without first removing from the streets or other place any broken glass or other debris in the vicinity of the accident; provided, however, that such vehicle may be moved in order to clear the obstruction of any public street or right-of-way. In the event two (2) or more emergency wreckers are involved in picking up vehicles for removal from the scene of an accident, it shall be the duty of each driver thereof to clear the debris from the scene.
(Ordinance 032789 adopted 3/27/89)