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HomeMy WebLinkAboutOrdinance 4594 ORDINANCE NO. rCITY �t RER� AN ORDINANCE REGULATING THE OPERATION OF WRECKER COMPANIES AND SECRETARY OTHER BUSINESSES RELATING TO WRECKED OR DISABLED VEHICLES IN FT. WORTH, TEX. THE CITY OF FORT WORTHS DEFINING CERTAIN WORDS AND PHRASES; PROHIBITING WRECKERS FROM BEING AT THE SITE OF A VEHICULAR ACCI- DENT WITHOUT AUTHORITY; PROHIBITING9 AT THE SITE OF AN ACCIDENT, THE SOLICITATION OF ANY BUSINESS CONCERNING WRECKED OR DISABLED VEHICLES; PROHIBITING EMPMYEES OF THE CITY FROM RECOMMENDING ANY BUSINESS CONNECTED WITH WRECKED OR DISABLED VEHICLES AND PROHIBITING SUCH EMPIDYEES FROM INFLUENCING THE OWNER OF SUCH A, VEHICLE IN HIS CHOICE OF SELECTING SUCH A BUSINESS; PROHIBITING ANY WRECKER COMPANY FROM ENGAGING IN SUCH BUSINESS ON THE STREETS OF THE CITY WITHOUT A LICENSE; PROHIBITING ANY WRECKER FROM OPER- ATING ON THE STREETS OF THE CITY WITHOUT AN INSPECTION CERTIFICATE; PROVIDING A METHOD FOR OBTAINING A LICENSE TO OPERATE A WRECKER BUSINESS; PROVIDING A METHOD FOR A VEHICLE REPAIR BUSINESS OR AUTOMOBILE CLUB TO BE REPRESENTED BY A LICENSED WRECKER COMPANY; PROVIDING FOR A FORM TO EXPRESS THE D3SIRX OF THE OWNER OF A -WRECKED OR DISABLED VEHICLE IN SELECTING THE PLACE FOR HIS VEHICLE TO BE REMOVED AND THE WRECKER COMPANY TO DO THE MOVING; PROVIDING FOR THE ZONING OF THE CITY AND THE ASSIGNMENT OF WRECKER COM- PANIES TO EACH 2D NE AND ROTATING PROCEDURE BY WHICH THESE WRECKER COMPANIES MAY BE CALLED IN CERTAIN INSTANCES; PROVIDING MAXIMUM FEES THAT MAY BE CHARGED BY WRECKER COMPANIES WHICH APPEAR ON THE ROTATION LIST; REQUIRING A WEEKLY REPORT OF VEHICLES INVOLVED IN ACCIDENTS OR VEHICTM REMOVED UPON POLICE ORDER BY MEANS OF A WRECKER BY PLACES WHICH MXY KEEP SUCH VEHICLES IN CUSTODY; RE- QUIRING WRECKER COMPANIES TO REMOVE DEBRIS FROM THE SITE OF AN ACCIDENT; PROVIDING FOR THE REVOCATION OF LICENSES AND PERMISSIONS WHEN THIS ORDINANCE HAS BEEN VIOLATED; PROVIDING FOR AN APPEAL TO THE CITY COUNCIL; PROVIDING A PENALTY FOR VIOLATION HEREOF NOT TO EXCEED TWO HUNDRED AND NOAOO DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS IN PROSECUTIONS UNDER THIS OR:DINA,NCE; PROVIDING THAT THIS OR- DINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PRO- VIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION AS PROVIDED BY LAW; AND PROVIDING THAT THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXASs Section 1. Short Title. This ordinance shall be known as the "Fort Worth Wrecker Ordinance." Section 2. Definitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of Fort Worth, Texas. (2) "Person" is any person, firm, partnership, association+ corporation, company or organization of any kind. (3) "Street" is any street, alley, avenue, lane, public place, square or highway within the corporate limits of the City. (4) "Owner" is any person who holds the legal title of a vehicle or who has the legal right of possession therof, or the legal right of control of said vehicle. (5) "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks. (6) "Motor Vehicle" is every vehicle which is self- propelled. (7) "Wrecker" is any motor vehicle designed and used primar- ily for removing wrecked or disabled vehicles upon any street. (8) "Wrecker Business" is the business of removing wrecked or disabled vehicles on the streets from the site of an accident, regardless of whether the purpose of the removal is to repair, wreck, store, trade or purchase such wrecked or disabled vehicles. (9) "Wrecker Company" is any person engaged in the wrecker business. (10) "Represented Repair Business" is any person in the business of repairing vehicles whether that be his -2- sole business or a part of his other business, which person has authorized a licensed wrecker company to represent him on all calls concerning wrecked or disabled vehicles and has been permitted by the City Police Department to be so represented, as provided for in Section 12 of this ordinance. (11) "Represented Automobile Club" is any person organized entirely or in part for the purpose of providing con- tract emergency road service to owners of vehicles, whic)s person has authorized a licensed wrecker company or companies to represent him on all calls concerning wrecked or disabled vehicles and has been permitted by the City Police Department to be so represented as pro- vided for in Section 12 of this ordinance. (12) "Accident" is any occurrence which renders a vehicle wrecked or disabled as defined herein. (13) "Wrecked" is the status of any vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that such vehicle be removed by a wrecker. (14) "Disabled" is the status of any vehicle which has been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker. (15) "Place and Wrecker Selection Form!' is the form pro- vided for in Section 14 of this ordinance. (16) "Wrecker Rotation List" is the list of wrecker com- panies as provided for in Section 16 of this ordinance. -3- (17) vOwner's Request" is the designation of the occasion when the owner of a wrecked or disabled vehicle has selected a wrecker company to remove his vehicle and has authorized the Police Department to call that wrecker company when such selected wrecker company is not owned by or does, not represent the place selected. (18) "Rotation" is the designation of the occasion when the owner of a wrecked or disabled vehicle fails to designate a specific repair place or wrecker operator to remove this vehicle and he has authorized the Police Department to call a wrecker from the rotation list. (19) "Police Pull* is the designation of the occasion when the Police Department has called a wrecker company from the rotation list to either remove a wrecked or disabled vehicle or to remove &vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. Section 3. 4ceidsnts Covered, The prohibitions and requirements of this ordinance shall apply to all accidents occurring on a street, regardless; of whether or not the final resting place of a vehicle is upon a street immediately after the accident. This section shall be construed to include those accidents in which a vehicle, immediately before becoming wrecked or disabled, was either driven off a street intentionally, because of some real or imagined emergency, or malici- ously or suicidally, or was driven off a street unintentionally or left the street driverless. Section fit. Certain Rmergencies excepted. The prohibitions and requirements of this ordinance shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident. Section 5. Pushing or towing Excepted" Vehicles may be pushed or towed by another vehicle only when they do not reasonably -4- Require removal by a wrecker and only when such may be done in a safe manner, and such removal is excluded from all cover- age of this ordinance except Section 7 concerning solicitation. Section 6. Wreckers Prohibited at Scene Unless; Called. No person shall drive a wrecker to or near the site of an acci- dent within the corporate limits of the City unless; such person has been called to the site by the owner of the vehicle or his anthbrfked` representative or by the Police Department of the City. Provided further that each such wrecker operator, when called by the owner of a disabled vehicle, shall notify the Police Dispatcher before proceeding to the site of the disabled vehicle. Section 7e Solicitation Prohibitede No person shall solicit in any manner directly or indirectly, on the streets of the City,, at or near the site of an accident within the City,,, any business regarding wrecked or disabled vehicles regardless of whether the solicc2ation is for the purpose of removing, repair- ing, wrecking, storing, tradings, or purchasing said vehicle. The presence of any person engaged in the wrecker business or other businesses for which solicitation is hereby prohibited, either as owner,, operator, employee or agent on any street at or near the site of an accident within one (7) hour after the happening of such accident shall be prima facie evidence of a solicitation in violation of this section. Section B. City employees shall not attempt to influence owners of vehicles& No employee of the City shall recommend to any person, directly or indirectly, either by word, gesture, sign or otherwise, the name of any particular person engaged in the repair, wrecker, or other business for which solicitation is prohibited nor shall any City employee influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker service or other business for.which solioi- tation is prohibited. -5- Section 9. License required for wrecker busineswo No person shall engage in the wrecker business; on the streets of the City unless a license to engage in such business has been issued to the owner of such wrecker company. No such license shall be transferable and every such license shall expire at midnight on the 31st day of December of the calendar year in which issued. Section 10. Inspection certificates required for wrecker&. No person shall operate a wrecker on the streets of the City unless an inspection certificate for such wrecker has been issued by the Chief of police„ which certificate shall be affixed securely to the inside of the windshield of such wrecker and displayed at all time&. Section 11. Non—resident wrecker companies. The two fore— going provisions (Section 9 and Section 10 ) shall not be con— strued to prohibit the transportation by a non-resident wrecker company of a wrecked or disabled vehicle from some point in the City other than the site of an original accident to some point outside the City of Fort Worth nor shall it be oonstrued to prohibit the transportation within the City by a non-resident wrecker company of a wrecked or disabled vehicle from a point outside the city limits; to a destination inside or outside the City limits. Section 12• Procedure for acquiring license, inspection certificate, and permission to be represented,, Any wrecker com— pany desiring to engage in the wrecker business- in the City of Fort Worthy or any vehicle repair business,, or automobile club desiring to have a licensed wrecker company act as its authorized agent to provide wrecker service on its, behalf on all calls con— certing wrecked or disabled vehicles, shall make known its desire in this regard in writing to the Chief of Police of the City of -6- Fort Worth, the procedure to be as followsx (1) The person desiring to engage in the wrecker business shall make application in writing, on a form provided for that purpose, to the Chief of Police for a license to engage in the wrecker business= and for an inspection certificate for each wrecker proposed to be operated, and such application shall contain the name, address and telephone number of the wrecker company, the number and types of wreckers to be operated, the true owner of the company concerned, and a statement that the applicant does or does not desire to appear on the "Wrecker Rotation List*. (2) A person owning a vehicle repair businesm or an automo— bile club, desiring to have wrecker service furnished on his be- half by a licensed wrecker company on all reports concerning wrecked or disabled vehicles, shall direct a letter of authorization to the Chief of Police naming a licensed wrecker company as that per— son's authorized agent. The wrecker company named in such letter of authorization must indicate in writing its acceptance of such authority either in said letter of authorization or by a separate letter written by the wrecker company. Upon satisfaction that these requirements have been met, the Chief of Police shall inform such person that he is permitted to operate as ea *Represented Repair Businesse or as a s Represented Automobile C1ubW and shall inform the wrecker company that it is recognized as the authorized agent of said repair business- or automobile club. Wary application or letter of authorization when filed shall be sworn to by the applicant thereof and accompanied by payment of a fee as follows, For those making application to engage in the wrecker business, an inspection fee in the sum of Ten and No/100 Dollars ($10.00) for each wrecker proposed to be operated; and for those filing letters of authorization, a filing fee of Ten and No/100 Dollars($10.00). No fee payments shall be returnable. -7- Section 13. Qualifications to receive licenses and certificates, The Chief of Police shall issue a license to engage in the wrecker business; to all applicants complying with the provisions of this ordinance and shall issue an inspection certificate for each quali- fied wrecker of each licensee. No license authorizing the operations of a wrecker business and no inspection certificate authorizing the operation of a wrecker on the streets of the City shall be issuedt (1) unless every wrecker proposed to be used by the applicant complies with the following minimum regnirementst (ai) each wrecker shall be not less than one-half (1/2) ton in size; (b) each wrecker shall be equipped with a power or hand operated winch,winch line, and boom, with a factory rated lifting capacity (or a City tested ca pacity) off' not less; than 5000 pounds, single line capacity; (e) each wrecker shall carry as standard equip- ments tmbar, safety chains, a fire ex- tinguisher, wreaking bar, broom, axe, shovel, flags and flares; (d) each wrecker shall have inscribed on each side thereof in letters not less; than three inches in height, the name and address of the licenseeo (2) Unless the applicant shall deposit with the Chief of Police a Certificate of an underwriter that applicant has in force a policy or policies of insurance issued by an insurance company authorized to transact busi- ness in the State of Texas as follows (a) A garage keeptlrfe minimum liability policy covering fire, theft and collision in amounts; adequate to cover liability, as determined under acceptable standards of authorized Texas: insurance companies. (b) A garage liability policy covering the operation of applicant's own business equipment or vehicles, for bodily injuries; in the amount of $5,000.00 for any one person killed or injured and $10,000.00 for more than one person killed or injured in any one accident; $5,000.00 for all damages; arising, injury to or destruction of property. -8- Ia lieu of such a garage liability policy, a policy or policies that will afford public liability insurance coverage for each of the wreckers' used by the wrecker company in the minimum amounts of $5,000.00 for any one person killed or injured, and $ 10,000.00 for more than one rson killed or injured in any one accident and 5,000.00 for all damages arising, injury to or destruction of property. Each policy mentioned in (a) and (b) above must contain an endorsement providing for ten (10) days notice to the City of Fort Worth in the event of any material change or cancellation of each policy (3) if any delinquent taxes are due the City by the wrecker Company. Section U& "Place and wrecker selection form". The Chief of Police shall cause to be prepared a " Place and Wrecker Selection"' form which shall provide spaces for the followings 1* the name of any person already contacted by the owner of a wrecked or disabled vehicle or his representative to remove said vehicle; 2, the place to which the owner of the wrecked or disabled vehicle desires to have said vehicle removed; 3• the automobile club of which the vehicle owner ie a member and providing for the owner to authorize the Iicensed wrecker company to be called which represents such automobile club; 4& designation of wrecker company which the owner of the wrecked or disabled vehicle desires to have remove his vehicle, said space on the form to be filled in only in the event the designated place does not furnish its; own wrecker service or is not a " Represented Repair Business", or the owner has failed to name a " Represented Automobile Club". -9- 5. a statement which authorizes any investigating police officer to call for the wrecker company next in line on the wWrecker Rotation List," such statement to be used in the event the owner has failed to designate a wrecker company or to designate a place which furnishes its own wrecker service or is a ORepresented Repair Businesaw or a w Represented $utomobi]e Club"; d, the description of the vehicle$ 7. the signature of the owner affirming one or more of the statements or authorizations listed above a place for signature of the investigating officer, and a place for the date of signing. Section 15e Procedure in use of •Place and Wrecker Selection Form*'. When a police officer investigating an accident determines that any vehicle which has been involved in an accident should be removed by a wrecker, such officer shall first'determine whether or not the owner has already made arrangements for the removal of his vehicle. The name of the person already contacted„if any, shall be wri#ten on the n Place and Wrecker Selectiom Forme. In the event the owner has not already mgde such arrangements; the investigs• ting officer shall cause the following steps to be taken in sequence to complete the N Place and Wrecker Selection Form;' (l) (Platte designation) Request the owner to designate the place to which he desires his vehicle removed. (2) (Automobile Club designation) Request the owner to indicate the name of such a club if the owner stated he is a member and desires to use its wrecker service. (3) (Owned or representing wrecker) Immediately inform Police Headquarters of the information in (1) and (2) -10- above. The officer receiving such information shall call one of the following wrecker companies and so inform the investigating officerl (a) the wrecker company owned by the place selected, or (b) the wrecker company representing the repair business or automobile club selected. (It) (Owner's Request or Rotation Wrecker) In the event the place designated does not furnish its own wrecker ser- vice or is not a Represented Repair Business, or if the owner has not selected a Represented Automobile Club or has failed to select a place, the investigating officer shall request the owner to either designate a wrecker com- pany or authorize a wrecker to be called from the Wrecker Rotation List. (a) (Ownerls Request) If the owner selects a wrecker company, the name shall be communicated to Police Headquarters which shall call such wrecker com- pany. (b) (Rotation Wrecker) If the owner authorizes a wrecker to be called from the Rotation List that fact shall be communicated to Police Headquarters which shall call the wrecker next in line on the Wrecker Rotation List, and furnish its: name to the investigating officer. The vehicle shall be described and the owner's signature shall be written on the * Place and Wrecker Selection Form* for the purpose of approving said statements and/or authorizations made by said owner. One signed copy of said form shall be retained by the owner of the vehicle, another copy given to the called wrecker Operator and the original copy shall be placed by the investi- gating officer in a well bound book provided for that purpose in the Police Headquarters before he leaves-duty on the same day. mil- 1 Section 16* wWecker Rotation List* procedure and qualifica- tions. In order to expedite service required under this section, the Chief of Police is hereby empowered and directed to partition the corporate limits of Fort Worth into zones for wrecker company service under the "Wrecker Rotation List" procedure and to assign wrecker companies to each zone. Such partition and assignment shall be made in a manner fair and impartial to all licensees and in a manner calculated to beat serve the public* Notice of the boundary limits and assignment of wrecker companies to each none shall be provided each licensee on said list* When a wrecker is to be called from the "Wrecker Rotation List* this may be referred to as a "Rotation Pull" or a "Police Pull", and in such event the investigstting police officer shell communicate that fact immediately to Police Department Headquarters. On receiv- ing the first such eommunioation after the effective date of this ordinance, the police officer receiving such communication at Head- quarters shall call the first wrecker company ameaigned the zone involved to remove the vehicle to either the place designated by the owner or by the investigating police officer or to the wrecker companies own place of storage. On each such succeeding communication, the next wrecker company on the list assigned the zone involved shall be called and proper notation of each of such calls shall be made on the master rotation list. To effect this "Wrecker Rotation List" procedure, the Police Department shall keep a master list by zones and in alphabetical order of all wrecker companies whiohi (1) have been issued a license as provided in Section 9 hereof; (2) have applied to be on such "Wrecker Rotation List"; -12- (3) maintain 24 hour wrecker service, and (4) in addition to the minimum requirements for wreckers required in Section 9 have at least one wrecker not less than three-fourths (3/4) ton in size, equipped with a power operated winch, winch line and boom; and (5) have an attendant available 24 hours a day to release impounded vehicles from wrecker company yards upon presentation of proof of ownership and/or release by the Police Department. (6) have an established uniform price for services rendered ° standard passenger automobiles and trucks (one ton maximum) which is not in excess of the following: Towage A charge up to a maximum of $ 10.00 Dollars for towing such a vehicle from one point on a street to another location within the corporate limits of the City as designated, in writing, by the owner of the vehicle or the Police Department at the place where the vehicle was disabled. Hourly Charges For Extraordinary Conditions Use of a dolly 410.00 an hour when the use of a dolly ssnecessary, such time to begin when the dolly leaves the place. of business of the wrecker company and to end when the dolly is placed in position under the vehicle. Fractions of an hour may not be considered a full hour, but one quarter of any hour shall be permitted as the smallest fraction. Extra Work - A charge of $ 10.00 an hour for removing vehicles which are off the street right-of-way, such charge to be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street. Even though the vehicle is within the street right-of-way an additional charge may be made in the event the car is located in some unusual condition within the right-of-way, such as, but not limited to, a river or creek bed or a ditch of greater depth than an ordinary bar ditch. Frac- tions of an hour may not be considered a full hour, but one quarter of any hour shall be permitted as the smallest fraction. Storage 500 per day with each day figured on a basis of 24 hours, commencing with the time the vehicle is placed in storage. Section 17. Debris to be cleared. Each wrecker company called to the site of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, but excluding truck or vehicle cargoes, before leaving the site. Section 18. Same standards apply in Police Pulls for vehicles in good condition. On a "Police Pull" for a vehicle that is in good driving condition, either because the vehicle has been abandoned, or because the operator has been arrested and must be -13- taken into custody, or because the vehicle is stolen or suspected of having been stolen or because the operator refuses or has become physically unable to drive the vehicle, the wrecker company called from the rotation list under these and related circumstances- is required to observe and maintain the same standards of equipment and conduct and charge the same minimum fees provided for in this ordinance. It is also required that the •Place and Wrecker Selection Form" be used upon such occasions, with the exceptiom of re quiring the signature of the owner, and that the other pro— cedures provided herein in connection with the disposition of the originals and copies of said form be followed. Section 19. Weekly Reports* Each licensed wrecker company and every repair business whether a *Represented Repair Business* or not that has had in its custody at any time from Monday, to Monday of each week as of 9s00 o'clock A.M. of each Monday a vehicle removed from the public right—of-AW as a result of an accident or removed upon the order of the Police Department by means of a wrecker is required to prepare a written list of such vehicles and furnish a copy of said list to the Police Department of the City either by delivery or by mail,. delivered or postmarked on or before 5&00 o'clock P.M. of Monday of each week. Said list shall contain a description of each of said vehicles by mike,model and license number, the ownerls name, the time and date of receiving said vehicle,and the time and date said vehicle was removed from said custody if such was done, and where and/or to whom delivered* Section 20. Revocation of License and Permission. After an administrative hearing, the Chief of Police may revoke the license -of any licensee on any of the following groundsa (A) If said license was procured by fraudulent conduct or false statement of a material fact or a fact concerning applicant was not disclosed at the time of his making applicartion. -14- (b) If the licensee proceeds to the scene of an accident in violation of the provisions of this ordinance. (c) If the licensee solicits; any business; in violations of the provisions of this ordinance. (d) If the licensee fails to deliver a vehicle directly to the location within the limits: of the City as designated in writing by the owner of a vehicle or the Police Department at the scene the vehicle was disabled. However, this provision shall not apply when it is necessary to remove a vehicle to its ultimate destination by two separate tows„ and no charge is levied for both pulls which is greater than the amount provided in Section Ib herein for a single tow-in from one point on a street to another location within the limits:• of the City. (a) If the licensee has violated the fee schedule by overcharge or has violated any of the Rules and Regulations established by the Chief of Police• The Chief of Police may revoke the permission granted to any "Represented Repair Business* or RRepresented Automobile Clubs' on any of the following groundst (m) If said permission was procured by fraudulent conduct or false statement of a material fact or that a fact concerning applicant was not disclosed at the time of his making application* (b) If such repair business; or automobile club solicits any business in violation of the provisions of this ordinance. Such revocation of a license or permission shall terminate all authority and permission heretofore granted. Any person whose license or permission has been revoked shall not be eligible to again apply for allicense or permission for a period up to one year from the date of said revocation. Any person whose license or permission has been revoked by the Chief of Police may file an appeal therefrom to the City Council within twenty days from the date of revocation. The City Council shall have authority upon the hearing of said appeal to reverse., vacate or modify said order of revocation. Section 21, Penalty. Any person who violates, disobeys,omit4la neglects or refuses to comply with, or who resists the enforcement of, a�� any of the provisions of this ordinance shall be fined not to exceed Two Hundred Dollars($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 22. Proof of negative not required. In any prosecution for any violation of this ordinance or in any injunction proceeding in pursuance hereof, it shall not be necessary for the prosecution to negative any provisions of exception in order to prove such violation. Section 23. Repeal. This ordinance shall repeal Ordinance Ho. 2844 and every other ordinance in conflict herewith, but only insofar as the portion of such other ordinances shall be in conflict, and as to all other sections of ordinances not in direct conflict herewithp this ordinance shalt be and is hereby made cumulative. Section 24. Severability. If any provision, sections, subsection., sentence, clause or phrase of this ordinance or the application of same to any person or set of eircumstancex is for any reason held uncon- stitutional, void or invalid,, or for any reason unenforceable, the validity of the remaining portions of this ordinance or their application to other personator seta; of circumstances shall not be affected thereby,, it being the intent of the City Council of the City of Fort Worth in adoping this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any un- constitutionality or invalidity of any other portion& provision or regulation, and to this end all provisions of this ordinance are de- clared to be severable. Section 25. Effective date. This ordinance shall take effect and be in full force and effect from and after its passage and publication W. provided by law. Section 26. Publication in pamphlet f orm. This ordinance -I6- may be published in pamphlet form in accordance with the provisions of Chapter XXVI of the Charter of the City of Fort Worth. APPROVED AS TO FORM AND IAMALM: $. G. Johndroes, Jr. City Attorney -17- OF FORT WORTH CITY OF FORT WORTH, TEXAS TEXAS THE SUBJECT ,,t MER OF THIS M.& C.C. WAS PRE'---..ail TO THE CITY COUNCIL 213 AND WAS ofTFI� ST. MANA4ER Communication to Mayor and Council No. G.. �- OFFICIAL RFu Q March 19, 1%2 CITY SECRETAR City Secretary FT. WORTH, Tk Honorable Mayor and Members of the City Council Re: Final Changes in Proposed City of Fort Worth Tow-in Wrecker Ordinance Mrs. McKnight and Gentlemen: In accordance with Council action taken during the hearing on the proposed new tow-in ordinance March 5, 1962, a revised ordinance has been prepared which incorporates changes approved by the Council . Major• changes ap- proved by the Council and included in the revised ordinance are as foilM: ( 1) Page 4, Definition ( 18). Insertion in the list of definitions of the "rotation" type tow, in addition to "owner's request" and "police pull ." (2) Page 9, Section 13. Deletion of Paragraph (4) which provides that the City Council determine whether the public convenience and necessity warrants the issuance of wrecker licenses applied for. (3) Page 13, Section 16, Paragraph (6) . Increases the maximum amount from $7 to $ 10 which may be charged by a wrecker operator for towing a vehicle from one point on a street to another location within the corporate limits of the City as designated in writing by the owner of the vehicle dr the Police Department at the place where the vehicle was disabled. Thls change, in addition to_ that in Section 20 (d), also eliminates the possibility of "double tow charges" when a specific repair place is designated. (4) Page 14, Section 19. Limits the requirement to submit weekly reports on vehicles impounded and released to those vehicles re- moved from the public right-of-way as a result of an accident or those removed upon the order of the Police Department. (4) Page 14, Section 20. Provides for an administrative hearing before the Police Chief may revoke the license of any licensee and further provides that he may suspend the right to apply for a new license for periods up to one year, rather than for a full year suspension as provided in the original ordinance. M&C G-213 Page 2 All other changes approved by the Council also are included in the revised ordinance, which is attached, with one exception. The exception pertains to a proposed provision which would deny non-resident wrecker operators the right to apply for a wrecker permit, unless Fort Worth operators were al- lowed to do business in the non-resi.dent's municipality. This provision was omitted because the City Attorney advises that it would be of doubtful legality. During the hearing, counsel for the wrecker operators' association Inquired as to the meaning of Section 22 on Page 16, Proof of negative not required. The City Attorney advises that this is a standard provision which relieves the City from the responsibility of proving that an alleged violator is not included irk certain exceptions contained in the ordinance. This pro- vision is included in other ordinances. It is recommended that the Council consider and act on the ordinance as revised. Respectfully submitte , LPC:ih L. P. Cookingham City Manager