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HomeMy WebLinkAboutOrdinance 2844 ORDINANCE NO. AN ORDINANCE REGULATING THE OPERATICN OF WRECKERS AND MCKER COITANIES IN THE CITY OF FORT WORTH; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING FOR ISSUANCE OF PER2,11TS FOR OPEERATION OF WRECKERS AND WREOM'CONPANIES; PROHIBITING PURSUIT OF ALMULANCES AND POLICE CARS; PRO- ITIBITING WRECKERS AT THE SCENE OF AN ACCIDENT ON PUBLIC STREETS EXCEPT WMEN LAWFULLY CAIZ—I'D; PROHIBITING SOLICI- TATIC14 OF WRECKER BUSINESS OF PUBLIC STREETS; PRESCRIB- ING FORD AND PROCEDURES FOR CALLINcG WRECY-ERS TO ACCI- DENT SCENES, AND ENPOWERING AND DIRE--TING THE CHIEF OF POLICE TO PARTITION THE CORPORATE AREA OF TM CITY INTO V5=MM ZONES; PROHIBITING POLICE OFFICERS FROL'i INFLUENC- ING SELECTION OF 1,41RECKER SERVICES; LEAKING THIS ORDINANCE CUMULATIVE OF STATE AND FEDERAL LAWS; PROVIDING A PEMAL- TY FOR THE VIOLATION HERECF OF A FINE OF NOT LESS THAN TUENITY-FIVE DOLLARS ($25-00) NOR 1,'ORE THAN TINO HTJNDRED DOLLARS 01200.00) ; PROVIDING A SAVD,1C, CLAUSE; REPEALING ORDINANCES OR PARTS OF ORDINANCE; IN CONFLICT HEREWITH; PROVIDING AN EMOTIVE DATTE. BE IT ORDAINED BY Tl� CITY COUNICIL OF TITE CITY OF FORT WORTH, TEXAS: SECTION 1. Definitions - The following definitions shall apply in the interpre- tation and the enforcement of this Ordinance: (1) "City": The City of Fort Worth. (2) "Street": any street, alley, public place, square, or highway within the corporate limits of the City. (3) "Person": an individual person, firm, corporation, or associe- tion. (4) "Owner": any person who holds the legal title of a motor vehicle or who has the legal right of possession thereof, or the legal right of said vehicle. (5) "Motor Vehicle": every vehicle which is self-propelled. (6) !IVehiclen: every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon sta- tionary rail or tracks, and shall include trailers andeemi-trail- ore. (7) "Wrecker": any motor vehicle used for the purpose of towing or removing disabled or wrecked vehicles. (8) "Wrecker Business" the business of towing or removing disabled or wrecked vehicles on the Atile streets, rej&ndless of whether Qa parpose of the towinj is to rwnwVe, repair, Went, store, trade or purchase such disatled or wrecked vehicles. (0) "Irecker Qmpaty" : say person envagel in the Wrecker Business. (10) "Wroaxer Selecticn Form" : the form for selection of wrecker companies, preparel and used as prcvided in Section 9 of this Crdinance. (11) ItWrecker Rotation ListO : the rotation list of companies prepared and used as piuvidel in Lection 11 of this Crdinance. SECTION 2. Every peraon desiring to engaFe in the wrecker business in the City of Art Worth shall make application in writinj, on a Kom provide! for that pur- pose, to the Chief of Police for a pei%it tc engage in the wTacker business and for a permit for each wrecker proposed to be operated, and such application shall contain the name, address, telephone number, the number and types of wrecker equipment operated, the true owner of the company concerned, and a statement that the applicant does or does not desire to appear on the "Wreck- er Rotation List". Every applicatiou when filed shall be sworn to by the ap- plicant and accompanied by at inspection fee in the sum of Mee Dollars ($3-00) for each wrecker proposed to be operated, and this fee shall npt be returned to applicant. SECHON 3- The Chief of Police Vall issue a permit to engage in the wrecker business to all applicants complyin; with the provisions of this Ordinance and shall is- sue a permit to all wreckers of such applicants so complying. No permit author- izing the operation of a wrecter business and no permit authorizing the opera- tion of a wrecker on the streets of the City of Fbrt Worth shall be issued: (1) unless every wrecker proposed to be used by the applicant complies with the following minimum requirements: (a) 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 capacity) of not less than 5000 pounds, single line capacity. Page 2 (c) each wrecker shall can i,7 hs standhrd eqttipment: tow bs.rs, safety cbrUns, a fire extirquislaer, wrecking bars, bnxmw and w axe, (2) unless the applicant staell Procure arid keep in full force and effect, a polley or 1piolioies of public liability and property damage Insuin,.i.nee issued by a casualty Insurance company author- ized to do btwlness in M e State of Toxas end in the standard form approved by the i'k%ard of" lnauraw e Commissioners of the State of Texeia, with thie insured Provision of seid P0.11cy or policies includin,7 the City of Fort Iqorth es an insured, and the coverage pnnishun insuring the P ublic from any loss or dnm,ge that atay arlse to any Twrson or property by reason of the operation of awrocker of sueh company and providing that the am>unt of recovery on aech wrecker shall be in limits of not less than the followlap sume: (a) for dawa_,7*s arisimg out of bodily injury to or death of one person in amy one nocident............ $10,000.00 (b) for danwp,,es arising aut of bodily injury to or death of two or more persons in array one accident... $20,000.00 (c) for injury to or destruction of propevrty in any one ........................ $ 5,000-00 (3) if any dalinquent, taxva are due the City of Fort Worth upon any wrecker for such parmit or licanse is sought, or if the ovaAer thereof has failed to reader saffe, for ad valorem taxation, had Oo usiless Uie City Council datermines public convenience and neces- sity warrants the issu.i.uice of the permit applied for. ac,riON 4,, In addition to a pezmit outhorizing R person to angrige in the wrecker business thers shall. also 'be issued a permit for each ap proved wrecker ve- hicle owned by the permittee. Eech permit f'or a wrecker 'vehicle shall state that such wreaker has been inspected and approved under direction of the OtLief of Police, and shall be affixed securely to the inside of the wind- shield of the appropriate wrecker vehicle. No ;person shall operate a wreck- 6r on the public, streets of the City of Fort lffortlr unless a permit to engage in the wrecker business has been !issued to'the owner of such wrecker. No Pae,e 3 permit shall be transferable, and every permit shall expire at midnight on the 31st day of December of the calendar yeer in which issued. SECTION 5. No person aball operate a wrecker on the public streets of the City of Yort Worth unless an inspection permit for such wrecker has been issued for such vehicle by the Chief of Police, and no parson shall operate a wrecker on the public streets of the city unless the permit duly issued to such wrecker is posted cn the windshield of such wrecker as provided in Section 4 of this Ordinance. No person shall follow in a motor vehicle any ambulance or police car which Is traveling on a p0lic street In response to report of an automobile collision or aocident,u SECTIM 7. No person shall drive b wrecker to or near the scene or situs of an ac- cident or collision on the streets of the City of Fort Worth, unless such person has been called to the scene by the Police Department of the City of Fort Vlortb. Pnivided that when it is necessery to prevent death or bodily injury to aay person involved in an accident or collision, the prohibition of this Section AM be inepplicable. SECTION 8. No person sball solicit in any manner, directly or indirectly, on the streets of the City of Fort Worth, the business of towing any vehicle which is wreaked or disabled on a public street, regardless of whether the solici- tation is for the purpose of soliciting the business of towing, removAg,re- pairing, wracking, storing, trading, or purchasing aaid vehicle. Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any parson engaged in the wrecker business, either as owner, operator, employee or agent, on any public street in the city, at or near the scene or situs of a wreck, acci- dent, or collision within one (1) hour after the happening of a wreck, no- aldent, or collision, shall be prime facie evidence of a solicitation in violation of this sootion. Page 4 SECTION 9 The Chief of Police shall cauie a "Ur". 1cer Selection 11'orm t to be pro- pared which shall (1) contain R statement by the owner of the disabled vehicle designating in blank spaces therain the wreaker company (one authorized under this Ordinance to engage in the Wrecker Business) which he desires to remove the disabled vehicle and tba place, tc) w1ilc�i he desires said vehicle re- moved; (2) contain a staternon't authorizing any police officer to call the designated wrec,�ker company to remove the disabled ve- hicle; (3) contain a statement in the alternative that the owner has no preference as to a wrecker company and authorizes any police officer to call the wrecker company next in line on the "Wrec'_or Rotation List" maintained at Police Head- quarters, and a statement that he desires the vehicle to be removed to the place designated by him in a blank space therein; and (4) provide-space for signature of the (.w�mer of the vehicle. SECTION 10. When a police officar investigating an accident determines that any vehicle which bas been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner thereof is physically ujiuble to drive such vehicle, such officer shall re- Form" quest the owner to designate on et',Ireckar Selection/ (described in Section 9) the wrecker company the owner desires to remove the vehicle. Such de- signation by the owner shall be indicated on said form by writing in the blank space provided, the name of the company selected, and the form when completed shall be signed by the owner. The police officer shall give a copy of the authorization thus made on the form to the owner and shall re- tain for record the original thereof. Upon leaving duty on the same day, the police officer shall place such original in a well-bound book in the police department provided for that purpose. When the owner has designated Page $ the wrecker company desired, It% DODC 0 OM COT shril,t oo;,�roulicate that fact imm"diately tz' police Qe:),artment ,,uadquartera, vnd it shAl b0the duty of the officer receiving such inKrunGun at headquartbrE to cell the desig- nated company to send a wrucker to the Poona of the mccident or collision. U taKing CUSMY, tte lnvestie'stin('= of­ficer shall mg,ke a vn7itten re,c- ard ms to the condition of ebch vehicle, und mate notaticn therein of any standurd equipment of Us suWMIa thot is Lct acccanted Mr hit tim time. In order to expeditu service requirud under WiH section, the Chief of Police is hereb, empowered nA Arected A oarl Mun the corporate li- Mts uV Fert borth into zones Vu r wrHaaer con any service, such mrtition, so far as pr"atical, to be We in a mannar fair and Impartial to all per- mitteas bbd in a manner oulnuMea Q best serve the public, Notice of the boundEry limits and nssirnme& c? wrecKEr conpnnies to each zone shall be provided eaen pennittee. In evert the owuar of a vehicle MGM in an accident or collision is physically unable to dealpnate the wrecker conpany desired, or refuses tc designate one, UM InVeStlphtinr Miner Mall copnunloate 'Lhat fact Wasedlately to Police De resat,munt Aeadqun&ers. The 1"oli,ce Department shall keep a master liet(Urecker Rotation List"), by zones and in Aphatetical order, of all wrecker compenles Wob (1) have been Anued U Permit; (2) have applIed to be on zueh list; (3) maintain twenty-feur hour orecker service; and, (4) in additloin tc Ctas�s r,Jniauur. raquiromants for wreckers required ir Sectio !ave ate le,,uct orte wrecker i-.0, less then three-Fourths (3/4) ton in size, oQuippaid with a power operated winch, winch Me, W boom; and (5) have an establishel anifenn p •Ice, Var services ivn- dered MUM anssenrer autonobAss mad trucks (one ton maximun) which is nct in excess of the fallowiny: A Seveol EkWar (17.001 Mon Chax9e for towing such a vehicle from one point to another sithin the corporate liMits of V:a City of Fcrt 7iort,"k. qpyya� Fifty Cents (5 UK) per day, with each day figured on a basis of twenty-four (24) hours, commencing Wn the We the verricle is placed in storage; Page 6 and an receiving the first nominunication after the effective date d0his Ordinance, the police officer recoWng such caniuoicaLian at Police Head,.. quarters shall call the first wrecker company an the list assigned the zone involved to tow the disablad vohLole and remove the same from the public streets of the City of ForL WorLh. On each succeoding connunication of the innbility or refusal or the owner to designate a wrecker, the next company on the 11st assigned the zone involved shall be called, and pro- per notation of each such call shall be made on the master list. SECTION 12. Nb police officer investigating or present at the scene or altus of any wrack, accident, or collision on a public street shall, directly or Indirectly, either by word, gesture, sign, car ctherw ae, recoamiend to any person the awas of any particular person engaged in the wrecker service or repair business; nor shall any such police officer influence or attempt to SnMence in any manner the declsion of any person in caoosing or selecting a wrecker or repair service. SECTIoN IN This (.,rdinauce shall be ewnulative of all laws of the State of Texas and the t)riitnd States govarning the subject matter of this Ordinance. SMION 14. Any person, either by himself cr agent, who shall do any act or thing prohibited by tao terms of rasp Crdinauce, ur in anywise violate the pro- visions tbareof shall be fined not less then Twenty-Five Dollars (125.00) nor &,re them 'Dac) Hundred Dollaxe („200.00). It shall not be necessary for the complaint to allege or for proof to be made that the act was know- ingly done; nor shall it be necessary for the complaint to negative any exception contained In this Ordinance conaerning any prohibited act, but any scab exception made herein may be urged as a defense by any person charged by such complaint. SEX31110N 15. If any section, sub-section, sentence, clause, or phrase of this Ordinance is for any reason hold to be unaonstltutiacal, void or invalid, the validity of the remaloing portions of thie Ordinance shall not be af- footed thereby, it being the intent of the City Counoil in adapting this Page Ordinance, that no portion hereaV, or pinvision or repulation contained herein, shall becoma inopermaim or fail by reason or any mmonstitution- ality or InvUldity aV any section, sub-section, sentence, Clause, phrase, portion, provision or regulation of this Ordinance. All ordinances or parts of or ate nnnees In confliaL heraWlth are hereby, repealed. S'XT10!1 1'?. This ordiname aball take effect and be in full force mnd affect from and after its passage and publica4ion as provided by law, 1�.. ............Eli'a i"i—o i;Te_Y ........