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HomeMy WebLinkAboutOrdinance 5900 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 39-12 OF CHAPTER 39 OF THE FORT WORTH CITY CODE (1964) , WHICH CHAPTER REGULATES THE OPERATION OF WRECKERS, BY PROVIDING A TOWAGE FEE, BY PROVIDING FOR AN ADDI- TIONAL CHARGE FOR THE USE OF A DOLLY, BY PROVIDING AN ADDITIONAL HOURLY CHARGE FOR EXTRA WORK, AND BY PROVIDING A STOR- AGE CHARGE; PROVIDING A PENALTY; MAKING THIS ORDINANCE CUMULATIVE; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That Section 39-12 of Chapter 39 of the Fort Worth City Code (1964) is hereby amended and after having been so amended, same shall hereafter read as follows: "Sec. 39-12 . Wrecker rotation list pro- cedure and qualifications, charges for wrecker service. "In order to expedite service required under this section, the chief of police is hereby empowered and directed to partition the city into zones for wrecker company ser- vice 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 li- censees and in a manner calculated to best serve the public. Notice of the boundary limits and assignment of wrecker companies to each zone shall be provided each licensee on such 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 investigating police officer shall communicate that fact immediately to police department headquarters . On receiving the first such communication, the police officer receiving such communication at head- quarters shall call the first wrecker com- pany assigned 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 company' s own place of storage. On each such succeeding communi- cation, 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 which: " (a) Have been issued a license as provided in section 39-5 hereof; " (b) Have applied to be on such wrecker rotation list; " (c) Maintain twenty-four hours wrecker service; and " (d) In addition to the minimum require- ments for wreckers required in section 39-5 have at least one wrecker not less than three- fourths ton in size, equipped with a power operated winch, winch line and boom; and " (e) Have an attendant available twenty- four hours a day to release impounded vehicles from wrecker company yards upon presentation of proof of ownership or release by the police department. " (f) Have an established uniform price for services rendered standard passenger auto- mobiles and trucks (one ton maximum which is not in excess of the following: " (1) TOWAGE - a charge up to a maximum of Twelve and 50/100 Dollars ($12050) for towing such a vehicle from one point on a street to another loca- tion within the corporate limits of the -2- city as designated, in writing, by the owner of the vehicle or the Police Department at the place where the vehicle was disabled. " (2) USE OF A DOLLY - An addi- tional charge of Twelve and 50/100 Dollars ($12 .50) when the use of a dolly is necessary for towing any such vehicle. " (3) EXTRA WORK - An additional charge of Twelve and 50/100 Dollars ($12 .50) 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 ve- hicle 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 un- usual 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. Fractions of an hour may not be con- sidered a full hour, but one quarter of any hour shall be permited as the smallest fraction. " (4) STORAGE - One and 00/100 Dollar ($1. 00) per day with each day figured on a basis of twenty-four hours, commencing with the time the vehicle is placed in storage. " SECTION 2 . Any person, firm, corporation or any agent or employee thereof who violates any of the provisions of this ordinance shall be deemed guilty of a misde- meanor and, upon conviction thereof, shall be fined not to exceed Two Hundred and 00/100 Dollars ($200. 00) -3- A "�A for each offense. Each day that a violation is per- mitted to exist shall constitute a separate offense. SECTION 3 . This ordinance shall be, and is hereby declared to be cumulative of all other ordinances and provisions of the Code of the City of Fort Worth regulating the operation of wreckers and this ordinance shall not operate to repeal or affect any of such other ordi- nances or provisions of the Code of the City of Fort Worth regulating the operation of wreckers except insofar as the provisions thereof may be inconsistent or directly in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinances or Code provisions are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordi- nance, and the remainder thereof not so held to be unconstitutional shall continue to be in full force and effect. -4- 1AW SECTION 5 . That all. rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Chapter 39 of the Fort Worth City Code, regulating the operation of wreckers, and all amend- ments thereto, that have accrued at the time of the effective date of this ordinance, and as to such ac- crued violations, the court shall have all the powers that existed prior to the effective date of this ordi- nance; and that all such existing violations of such Code as amended shall be considered as violations of this ordinance in the same manner that they were vio- lations of prior wrecker regulations of said City. SECTION 6 . This ordinance shall be in full force and effect from and after January 1, 1968. APPROVED AS TO FORM AND LEGALITY: City Attorney PASSED AND ADOPTED this day of 1967 .