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Home My WebLink AboutOrdinance 7949 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 39, WRECKERS, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, BY AMENDING SECTION 39-8 THEREOF BY REQUIRING WRECKER OPERATORS TO APPLY FOR, BE ISSUED AND POSSESS AT ALL TIMES WHEN OPERATING A WRECKER, A PERMIT TO EN- GAGE IN THE WRECKER BUSINESS; BY REQUIRING WRECKER OPERATORS AND WRECKER COMPANY OWNERS TO DISPLAY THE PERMIT TO ENGAGE IN THE WRECKER BUSINESS WHICH IS ISSUED TO THEM UPON DEMAND OF A MAGISTRATE OR ANY OFFICER OF A COURT OF COMPETENT JURISDICTION OR ANY PEACE OFFICER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING WRECKERS; PROVIDING A SAVINGS CLAUSE; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; DIRECTING PUBLICATION; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SEC TOR 1. That Section 39-8 of Chapter 39 of the Code of the City of Fort Worth (1964),as amended, be, and the same is hereby amended to read as follows: "Section 39-8. "The chief of police shall issue a license to engage in the wrecker business to all applicants complying with the provisions of this chapter and shall issue an inspection certificate for each qualified wrecker of each licensee. No license authorizing the operation of a wrecker business and no inspection certificate authorizing the operation of a wrecker on the streets of the city shall be issued: "(a) Unless every wrecker proposed to be used by the applicant complies with the following minimum requirements: "(1) Each wrecker shall not be less than one-half (S4) ton in size; 11(2) 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 capacity) of not less than five thousand (5,000) pounds, single line capacity; 11(3) Each wrecker shall carry as standard equipment: Tow bar, safety chains,a fire extinguisher, wrecking bar, broom, axe, shovel, flags and flares; I'M Each wrecker shall have inscribed on each side thereof in letters not less than three (3) inches in height, the name and address of the licensee. "(b) 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 business in the state as follows: "(1) A garage keeper's minimum liability policy covering fire, theft and collision in amounts adequate to cover liability, as determined under acceptable standards of insurance companies authorized to do business in the State of Texas; "(2) A garage liability policy coverning the operation of applicant's own business equipment or vehicles for bodily injuries in the amount of one hundred thou- sand dollars ($100,000.00) for any one person killed or injured and three hundred thousand dollars ($300,000.00) for more than one person killed or injured in any one accident; fifty thousand dollars ($50,000.00) for all damages arising out of injury to or destruction of property. In 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 one hundred thousand dollars ($100,000.00) for any one person killed or injured, and three hundred thousand dollars ($300,000.00) for more than one person killed or injured in any one accident and fifty thousand dollars ($50,000.00) for all damages arising out of injury to or destruction of property. "Each policy mentioned in (1) and (2) above shall contain an endorsement providing for ten (10) days' notice to the city in the event of any material change or cancellation of each policy. "(c) If any delinquent taxes are due the city by the wrecker company. "(d) If the applicant has been convicted of or is currently under indictment for a felony or other offense involving moral turpitude. "Wrecker operators, as well as wrecker owners shall be required to apply for, be issued and possess at all times when operating a wrecker a City of Fort Worth permit to engage in the wrecker business. "Wrecker operators and wrecker company owners shall display the City of Fort Worth permit to engage in the wrecker business issued to the individual operator or owner upon demand of a Magistrate or any officer of a court of competent jurisdiction or any peace officer. SECTION 2. That this ordinance shall be cumulative of all provisions or ordinances and of the Code of the City of Fort Worth Worth (1964), as amended, affecting wreckers, except where the provisions or this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 39 of the Code of the City of Fort Worth(1964), as amended, and of any other ordinances affecting wreckers,which have accrued at the time of the effective date of this ordinance; 2 and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such chapter or other odrinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 4. That it is hereby declared to be the intention of the City Council of the City of Fort Worth, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any section, paragraph, sentence, clause or phrase of this ordinance shall be declared void, ineffective or unconsti- tutional by the valid judgment or final decree of a court of competent jurisdiction,such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this ordinance since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional section, paragraph, sentence, clause or phrase. SECTION 5. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 6. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, Texas. SECTION 7. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law and it is so ordained. AP ROVED AS TO FORM AND LEGALITY A. R. Petersen City Attorney 3 V*& CityFort Worth Texas FILE of HOPKINS 'HERCHERT O E // a �.8 yor and Council Communi ��I t 9�on H BAILIFF HICKS ✓✓ SMITI I DATE REFERENCE SUBJECT: Amendment to the "Wrecker" PAGE NUMBER Ordinance (Section 39-8) uoly 8/7 79 . G-4278 1 °f"-'1— ROSEC TING ATTORNEY The current wrecker ordinance_contains_.a .provision requiring wrecker operators as well as company owners to ."apply for" a permit- to engage in the wrecker busi- ness.- Unfortunately, the ordinanc.e..did._not.-also- require. that a valid permit be issued to the operator. ...An-, amendment is-'required to remedy that situation. Additionally, police personnel need-authority to randomly check permits of wrecker operators and owners when they- frequent the pound. There is no require- ment in the ordinance that such_permits..be_shown- on demand. This authority also should be granted by the amendment. The proposed amendments -are submitted..for.. City Council consideration. Recommendation It is recommended..that..Ci-ty-.Council-.adcpt_.the attached. ordinance amending the "Wrecker", ordinance. i GG:plg Attachment SUBMITTED FOR TH CITY MANAGER'S DISPOSITI BY COUNCIL: PROCESSED BY OFFICE BY: APPROVED ORIGINATING ADOP T E ORDf ' ` �. D IBC) p f� Q DEPARTMENT HEAD: H. F. HO Hopkins � ! f I *CSEC RETARY FOR ADDITIONAL INFORMATION le�/ 9 CONTACT: H. F. Hopkins, Ext. R 6405 SATE � /