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HomeMy WebLinkAbout020235 ORD - 03/08/1988AN ORDINANCE AMENDING THE CITY CODE BY REPEALING ARTICLE V, CHAPTER 57, AUTO WRECKERS, AND BY ADOPTING A NEW ARTICLE V; DEFINING TERMS; PROVIDING A PENALTY FOR VIOLATIONS; REQUIRING OPERATORS OF AUTO WRECKER SERVICES TO APPLY FOR AND POSSESS AN AUTO WRECKER PERMIT FROM THE CHIEF OF POLICE; PROVIDING FOR INSPECTION AND CERTIFICATION OF AUTO WRECKERS USED BY SAID AUTO WRECKER SERVICES; PROVIDING FOR FEES FOR APPLICATION; PERMIT AND RENEWAL OF PERMIT; PROVIDING FOR SUBSTITUTION OF WRECKERS BY PERMITTEE; PROVIDING FOR ADDITIONAL AUTO WRECKERS TO BE ADDED TO THE PERMIT OF A PERMITTEE; REQUIRING INSURANCE TO BE CARRIED BY THE PERMITTEE; REQUIRING PERMITTEE TO MAINTAIN AN ADEQUATE STORAGE AREA; MAKING PROVISIONS FOR TOWING OR MOVING OF VEHICLES; PROVIDING A SYSTEM FOR THE DISPATCHING OF WRECKERS TO THE SCENE OF DISABLED VEHICLES; REGULATING FEES AND CHARGES FOR WRECKER SERVICE; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC STREETS; PROVIDING THAT EACH AUTO WRECKER PERMIT SHALL BE NON -TRANSFERABLE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code, Article V, Chapter 57, Auto Wreckers, is hereby repealed and a new Article V, Chapter 57, is hereby adopted to read as follows: Sec. 57-220. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Auto Wrecker: Any motor vehicle used or designed for the purpose of towing, carrying, pushing, or otherwise transporting a disabled or impounded vehicle. Chief of Police: The Chief of the Police Department of the City of Corpus Christi or his designated representative. Disabled Vehicle: Any motor vehicle located on any public street, alley, or sidewalk area which is incapable of being driven under its own power due to mechanical breakdown, collision, or for any other reason. Impounded Vehicle: Any vehicle which police officers are authorized to impound and remove under the provisions of any ordinance of the 205PW058.ord zonas MICROFILMED City of Corpus Christi, any law of the State of Texas, or any contract or agreement with any law enforcement agency. Non-consent Tow: Any tow conducted without the permission of, or not at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative, regardless of the vehicle's location or condition. Towing the vehicle of a person who has been taken into custody by a law enforcement agency is considered a non-consent tow. Any tow from the scene of an accident is considered a non-consent tow. Emergency Situation: A serious vehicle accident or similar situation in which the rapid arrival of an auto wrecker would considerably reduce a life or death risk or in which extreme blockage of a major thoroughfare is involved. Sec. 57-221. Penalty A person commits an offense if the person operates for compensation an auto wrecker in violation of any section of this article. An offense under this section is a Class C Misdemeanor. Sec. 57-222. Permit required. It shall be unlawful for any person, firm, corporation, or partnership to drive or operate, or cause to be driven or operated, any auto wrecker for the purpose of transporting a disabled or impounded vehicle on the streets of the City in response to a request by the Police Department without first having obtained an auto wrecker permit issued under the provisions of this article. Auto wreckers owned and operated by a governmental entity are exempt. Sec. 57-223. Application - Contents, Fees. Any person, firm, corporation, or partnership desiring to operate an auto wrecker or wreckers in the City of Corpus Christi shall apply in writing for an auto wrecker permit to the Chief of Police and shall, in said application, state or provide the following: 1. The name, address, and current phone number of the owner. If the owner of the auto wrecker is a partnership, the partnership's name, address, and phone number shall be given together with the names, addresses, and phone numbers of all partners. If the applicant is a corporation, the application shall state the corporate name, the office address, and phone number of the corporation, together with the names, addresses, and phone numbers of the president and secretary of the corporation. 2. For each auto wrecker which the owner desires to operate, he shall list the certification being applied for (Category A or Category B wrecker as hereinafter set forth in the article), the 205PW058.ord 2 correct make, model, vehicle identification number, and state license. 3. All vehicles listed on the auto wrecker permit shall be owned by the permit holder. 4. A current certificate from the City Tax Assessor -Collector that City of Corpus Christi taxes on all property, real and personal, to be used in connection with the applicant's auto wrecker business are paid. 5. The proposed location of the applicant's auto wrecker business and storage facility along with the zoning of the tracts of land on which the business and storage facility will be located. 6. A statement by the applicant that he will obey the provisions of this article and of all other ordinances, statutes and state laws applicable to motor vehicles and auto wrecker businesses. Said application shall be accompanied by an application fee of one hundred dollars ($100.00). If the application is denied, one-half of the one hundred dollar ($100.00) application fee shall be kept to cover the cost of reviewing the application. Sec. 57-224. Review of application and certification of auto wreckers listed thereon. Upon review of an application for an auto wrecker permit, the Chief of Police shall review said application for compliance with the provisions of this article and shall inspect and certify each auto wrecker on said application along with the place of business and storage facility of the owner. Each auto wrecker listed on said application must meet the requirements of and be certified as either a Category A or Category B wrecker. A Category A auto wrecker shall meet the following requirements: 1, Be not less than 3/4 ton (minimum 7,500 lbs. gross vehicle weight) in capacity, as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the Chief of Police. 2. Be equipped with a power winch, winch line, and boom, with a factory -rated lifting capacity of not less than eight thousand (8,000 pounds), single line capacity or a hydraulic wheel lift with a factory -rated capacity of not less than eight thousand (8,000) pounds. If the unit does not have an established factory -rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the Chief of Police. 205PW058.ord 3 3. Each auto wrecker and the equipment thereon shall be in good mechanical condition and shall comply with all applicable city ordinances and state laws. Each auto wrecker shall have brakes that meet braking performance requirements under all loading conditions. 4. Each auto wrecker shall carry the following as standard equipment: A. A tow sling or hydraulic left which is sufficient to prevent the swinging of any equipment being transported. B. Steel safety chains of a 3/8 -inch link. C. One 10BC fire extinguisher that is properly filled and located so that it is readily accessible for use. D. One crowbar or wrecking bar of not less than thirty-six (36) inches in length with a wedge head. E. One broom of a type designed for pushing with an eighteen (18) inch head and a handle of not less than thirty-six (36) inches. F. One flat -edged shovel of at least nine (9) inches with a handle of not less than thirty-six (36) inches. G. Three (3) portable red emergency reflectors. H. Towing dollies in working condition. I. A box or bucket to carry glass and debris cleaned from streets when picking up a wrecked vehicle. J. Rope or wire suitable for securing doors, hoods, trunks, etc. K. A spotlight or flashlight. L. Outside rearview mirrors on both sides of the truck. 5. An auto wrecker must be labeled on both sides of the vehicle with the name, address, and phone number of the owner along with the City permit number. All numbers and lettering shall be permanently affixed and clearly legible. 6. Each auto wrecker shall be equipped with a police radio receiver set capable of clearly receiving transmissions broadcast over the radio frequency assigned to the Corpus Christi Police Department. 205PW058.ord 4 7. All auto wreckers shall have flashing overhead warning lights that comply with the Uniform Act Regulating Traffic on Highways, Texas Civil Statutes, Article 6701-d. 8. If an auto wrecker is transporting a vehicle weighting 10,000 pounds or more and the towed vehicle does not have functioning tail lights, the auto wrecker operator must supply the towed vehicle with a functioning light bar. This bar must provide safe lighting of the towed vehicle. 9. The owner or operator of each auto wrecker shall comply with all other regulations governing auto wreckers contained in this ordinance or any other applicable ordinance of the City of Corpus Christi or the State of Texas. A Category B auto wrecker shall meet the following requirements: 1. Be not less than three (3) ton tandem axle (minimum 28,500 lbs. gross vehicle weight) in capacity as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the Chief of Police. 2. It shall be equipped with a power -operated winch, winch line and boom with a factory -rated lifting capacity of not less than fifty thousand (50,000) pounds single or double line capacity. If the unit does not have an established factory -rated lifting capacity, then said capacity shall be determined by a testing procedure approved by he Chief of Police. 3. Each auto wrecker and the equipment thereon shall be in good mechanical condition and shall comply with all applicable city ordinances and state laws. Each auto wrecker shall have brakes that meet braking performance requirements under all loading conditions. 4. Each auto wrecker shall carry the following as standard equipment: A. A tow sling or hydraulic lift which is sufficient to prevent the swinging of any equipment being transported. B. Steel safety chains of 1/2 inch link. C. One 10BC fire extinguisher that is properly filled and located so that it is easily accessible for use. D. One crowbar or wrecking bar of not less than thirty-six (36) inches in length with a wedge head. 205PW058.ord 5 E. One broom of a type designed for pushing with an eighteen (18) inch head and a handle of not less than thirty-six (36) inches. F. One flat -edged shovel of at least nine (9) inches with a handle of not less than thirty-six (36) inches. G. Three (3) portable red emergency reflectors. H. Towing dollies in working condition. I. A box or bucket to carry glass and debris cleaned from streets when picking up a wrecked vehicle. J. Rope or wire suitable for securing doors, hoods, trunks, etc. K. A spotlight or flashlight. L. Outside rearview mirrors on both sides of the truck. 5. An auto wrecker must be labeled on both sides of the vehicle with the name, address, and phone number of the owner along with the City permit number. All numbers and lettering shall be permanently affixed and clearly legible. 6. Each auto wrecker shall be equipped with a police radio receiver set capable of clearly receiving transmissions broadcast over the radio frequency assigned to the Corpus Christi Police Department. 7. All auto wreckers shall have flashing overhead warning lights that comply with the Uniform Act Regulating Traffic on Highways, Texas Civil Statutes, Article 6701-d. 8. If an auto wrecker is transporting a vehicle weighting 10,000 pounds or more and the towed vehicle does not have functioning tail lights, the auto wrecker operator must supply the towed vehicle with a functionin light bar. This bar must provide safe lighting of the towed vehicle. 9. The owner or operator of each auto wrecker shall comply with all other regulations governing auto wreckers contained in this ordinance or any other applicable ordinance of the City of Corpus Christi or the State of Texas. Sec. 57-225. Notice of disapproval of application; correction of defects. If any application does not meet all of the requirements set forth in this article, the Chief of Police shall give notice in writing to the applicant that his application shall not be approved; said notice 205PW058.ord 6 shall state the reasons for the refusal to approve said application for an auto wrecker permit. The applicant shall have thirty (30) days after said notice to remedy any failure to comply with the foregoing requirements. If said applicant does not remedy any defect within this thirty (30) day period, the Chief of Police shall refuse said application for an auto wrecker permit. Sec. 57-226. Issuance. If the application complies with all the requirements of this article, the Chief of Police shall issue an auto wrecker permit upon the payment of a two hundred ($200.00) dollar permit fee for each auto wrecker permit which the applicant desires. The application fee of one hundred ($100.00) dollars shall be applied to the permit fee. In addition, each permit holder shall pay an operation fee of one hundred dollars ($100.00) for each wrecker the said permit holder desires to operate under an issued permit number. Sec. 57-227. Notice of denial, appeal. If the Chief of Police denies an application, he shall notify the applicant in writing of said denial. Said notice shall be deemed sufficient if posted in the United States mail addressed to the business address contained in the application. The applicant shall have the right to appeal to the City Council within ten (10) days of the date of the notice of the denial. Said appeal shall be perfected by a letter to the Mayor and City Council stating that an appeal from the ruling of the Chief of Police is desired. Upon receiving such appeal, the City Council shall, as soon as practical thereafter, and in no case more than thirty (30) days, hear such appeal and shall sustain, modify or reverse the decision of the Chief of Police. Pending the hearing of said appeal, the permit shall not be issued. Sec. 57-228. Tenure of permit. An auto wrecker permit shall be valid for a period of one year with all permits expiring at midnight on December 31st of each year. If a January 31st expiration deadline results in a permit being issued for less than one year, the permit fee of two hundred dollars ($200.00) and operation fee of one hundred dollars ($100.00) per wrecker shall be prorated proportionate with the number of months remaining before December 31st. Each auto wrecker permit may be renewed by following the same procedure and paying the same fee as set forth above governing granting of the original permit. Sec. 57-229. Permits numbered; identification on vehicle. Each auto wrecker permit issued by the Chief of Police shall be numbered consecutively and each auto wrecker permit holder shall affix said auto wrecker permit number in clearly legible numerals to all doors of the auto wreckers covered by said permit. All said 205PW058.ord 7 identifications and permit numbers shall be permanently affixed in letters no less than two inches high. Sec. 57-229. Substitution of vehicle; fees. If during the period of a permit, a permit holder desires to substitute one wrecker, not covered by a permit, for a wrecker which is covered by the permit, he may do so by giving notice in writing of his intentions to substitute equipment. Said notice shall list the make, model, vehicle identification number, and correct state license number of the auto wrecker to be substituted and whether the wrecker is to be certified as a Category A or Category B wrecker. The owner shall accompany said notice by an inspection fee of twenty ($20.00) dollars for each substitute auto wrecker. If the equipment which the owner desires to substitute complies with the regulations contained in Section 57-223 herein, his permit shall be amended to remove the auto wrecker he desires to remove from service and to include the substitute auto wrecker under the terms of his permit. Sec. 57-231. Adding vehicles; fees. If the holder of an auto wrecker permit desires to add additional vehicles under the terms of his permit, he may do so by filling a supplemental application containing all of the information relating to auto wreckers as required by the original application and, if said proposed additional auto wreckers meet the requirements of this article, said additional auto wreckers shall be included as authorized equipment under the terms of the original permit. The fee for adding additional auto wreckers to a permit shall be twenty ($20.00) dollars for each auto wreckers added for each calendar month or portion thereof remaining under the terms of the original permit. However, in no case shall a permit fee for additional auto wreckers be less than fifty ($50.00) dollars. Sec. 57-232. Insurance. 1. A permit holder shall procure, and keep in full force and effect, all insurance policies required by the section. At the time of initial registration, and upon renewal, a certificate of insurance must be filed with the Chief of Police. The certificate must certify the type and amount of insurance coverage and provide immediate notice to the Chief of Police of cancellation or material change in the policy. 2. The coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of the operation of a tow truck shall set minimum limits for each tow truck as follows: A. Each Category A wrecker must have liability insurance in the amount of $300,000 combined single limit coverage. 205PW058.ord 8 B. Each category B wrecker must have liability insurance in the amount of $500,000 combined single limit coverage. 3. Each wrecker must have tow truck cargo, on -hook, or a similar type insurance. It is the intent of this subsection to provide insurance covering damage to the towed vehicle while it is in the care, custody or control of the permit holder for which said permit holder is liable. It is further the intent of this subsection that the insurance cover damage to the towed vehicle that is the direct or indirect result of an improper hookup. A. Each Category A wrecker must have insurance coverage in an amount of not less than $20,00. In lieu of this coverage, each wrecker may have garagekeeper's legal liability insurance with direct coverage options in an amount not less than $20,000 to cover damage to the towed vehicle. B. Each Category B wrecker must have insurance coverage in an amount of not less than $30,000. In lieu of this coverage, each wrecker may have garagekeeper's legal liability insurance with direct coverage options in an amount not less than $30,000 to cover damage to the towed vehicle. 4. Each wrecker must be insured so as to meet the requirements of all other applicable statutes in addition to meeting the insurance requirements set forth in this ordinance. 5. An auto wrecker permit issued under this ordinance shall automatically be suspended upon cancellation or expiration, for whatever reason, of any insurance required by this section. 6. Said policies shall contain a clause namingthe City as an additional insured. The Chief of Police shalhave authority to increase the above requirements upon thirty -days written notice to all permittees. Sec. 57-233. Suspension and revocation - procedure, appeal. Notwithstanding any penal provision contained in this Code, the Chief of Police shall be authorized to revoke or suspend any auto wrecker permit for a violation of the State law, City ordinance or any other regulations governing the operation of an auto wrecker if said violation is committed by an auto wrecker permit holder, his agents or employees. Such suspension or revocation shall be made in accordance with the following procedures: 1. Upon complaint against any permit holder by any person, or upon his own motion, charging a violation of any provision of any City ordinance, the regulations governing auto wrecker permits, or any State law, the Chief of Police, after giving five (5) days notice of the grounds of such complaint to the permit holder against 205PW058.ord 9 whom the complaint is made, shall hold a hearing at which all persons with relevant information regarding the complaint shall be heard. At the conclusion of said hearing, the Chief of Police may issue a warning to the permit holder or he may permanently revoke or suspend the permit. Previous warnings or suspensions within the preceding two (2) years may be considered by the Chief in making his decision. 2. If the Chief of Police suspends the permit, said suspension shall be for a period of not more than sixty (60) days and the Chief's action shall be final. 3. If the Chief of Police revokes a permit permanently, he shall notify the permit holder in writing of the reasons therefor. Said notice shall be deemed sufficient if posted in the United States mail addressed to the business address of the permit holder as contained in the original application for a permit or the latest application for a renewal thereof. The permit holder shall have the right to appeal to the City Council within ten (10) days form the date of the notice of revocation. Said appeal shall be perfected by letter addressed to the Mayor and City Council, stating that an appeal from the ruling of the Chief of Police is desired. If an appeal from the decision of the Chief of Police is perfected, as herein provided, the decision of the Chief of Police shall be suspended pending a hearing by the City Council. Upon receiving such appeal, the City Council shall, as soon as practical thereafter, and in no case more than thirty (30) days, hear such appeal and shall either sustain, modify or revoke the decision of the Chief of Police. If no appeal is taken from the ruling of the Chief of Police in the time provided in this section, or if the City Council does not hear the appeal within thirty (30) days from receiving notice of appeal, the ruling of the Chief of Police shall be final and the permit revoked. Sec. 57-234. Same - Waiting permit after revocation. No person, firm, partnership or corporation whose auto wrecker permit has been revoked shall be eligible to apply for a new auto wrecker permit for a period of at least one (1) year from the date of such revocation. Sec. 57-235. Promulgation of regulations. The Chief of Police is authorized to issue regulations relating to the operation of auto wreckers by holders of any auto wrecker permit consistent with the provisions of this article and designed to effectuate the general purpose of this article. Sec. 57-236. Maintenance of place of business and equipment. 205PW058.ord 10 It shall be unlawful for any wrecker permit holder to operate an auto wrecker under said permit unless he maintains his place of business, his storage facility and all of his equipment in an manner that continuously complies with the provision of this article and the zoning, fire prevention and other ordinances of the City of Corpus Christi. Sec. 57-237. One company per business location. It shall be unlawful for more than one permitted wrecker company to operate a wrecker business or storage facility at the same business address and/or location whether or not both companies are owned by the same person, firm, partnership, or corporation. Two or more permitted wrecker companies in operation at the same business address prior to the effective date of this ordinance are exempted from this section. Any such permit holder that has the permit suspended or revoked by the Chief of Police after the effective date of this ordinance may not resume operation after the term of the suspension or the reissue of a permit at a business address or location being utilized by any other permit holder whether or not both companies are owned by the same person, firm, partnership, or corporation. Each auto wrecker permit holder may operate only those auto wreckers that are registered under said wrecker permit number in response to any call for service from the Corpus Christi Police Department. Sec. 57-238. 24-hour service. Each permit holder shall provide 24-hour wrecker service and have at least one telephone number which is answered 24 hours a day, seven (7) days a week by that wrecker service. Sec. 239. Vehicle storage place; attendant at business address and storage area. The holder of an auto wrecker permit shall maintain a suitable place for vehicle storage located at the business address of said permit holder. Said storage area shall be located in a zoning district allowing auto wrecker businesses and shall meet the following requirements: 1. The storage area shall be completely enclosed with a wire or wooden fence at least six (6) feet in height or as required by the zoning ordinance, whichever requirements are greater, with a gate which is locked at all times the permit holder or an agent or employee is not at the storage lot. The fence shall be continuously maintained in good con•ition. 2. The storage area shall have an all-weather surface such as concrete, asphalt, black -top, stone, macadam, limestone, iron ore, gravel or shell that allows for the delivery and release of vehicles feasible in all weather conditions. 205PW058.ord 11 3. Each holder of an auto wrecker permit shall have a responsible person present at the business address and storage area of the permit holder during normal business hours. An auto wrecker permit owner shall have an operable telephone which must be publicly listed. If at any time, the telephone number is changed the permit owner shall notify the Department in writing prior to the number change and shall display the current telephone number on the doors of any wrecker operated by the permit holder. 4. The storage area shall have a sign at the entrance which is clearly readable from the street setting out the name of the wrecker company, the street address, correct telephone number and the hours vehicles will be released to vehicle owners. 5. The storage area shall have a sign setting out the per diem charge for storage and all other fees which may be charged by the storage lot. This sign shall be located so that it is clearly visible to a vehicle owner prior to the payment of any fees. 6. The storage area shall maintain adequate illumination levels throughout the facility which shall not be less than five (5) footcandles where the vehicles are maintained; ten (10) footcandles in the traffic lanes; and fifty (50) footcandles at the entrance. Sec. 57-240. Inspection of vehicle storage place. Prior to the issuance of an auto wrecker permit, the Chief of Police shall inspect the vehicle storage area to determine that it meets the provisions of Sec. 57-239 and that it is reasonably secured to protect stored vehicles against theft and vandalism. He shall also check with the Department of Planning and Urban Development to ascertain whether the storage area is located in a zoning district which allows auto wrecker businesses. Sec. 57-241. Prerequisite to towing impounded or disabled vehicles. No auto wrecker shall be permitted to tow or otherwise transfer or transport any impounded vehicle unless said auto wrecker shall be covered by a permit as required herein. Sec. 57-242. Transfer of disabled vehicles by wrecker not under permit. No disabled vehicle shall be moved by any auto wrecker not covered by a required permit unless the owner or driver of said disabled vehicle personally calls an auto wrecker of his own preference prior to the time that the auto wrecker "on call" has been sent by the police dispatcher. 205PW058.ord 12 Sec. 57-243. Dispatching in rotation. The Chief of Police shall maintain a list of permit holders and shall establish a fair and equitable system whereby each permit holder is dispatched to the scene of an impounded or disabled vehicle in rotation. No police officer shall cause any auto wrecker to go to the scene of a disabled vehicle except in compliance with the rotation system established by the Chief of Police; provided, however, auto wreckers covered by auto wrecker permits may be dispatched to the scene of an impounded or disabled vehicle without regard to the rotation system if: 1, An extreme emergency situation exists wherein a human life is at stake; or 2. The owner or driver of a disabled vehicle requires the police dispatcher to send a specific auto wrecker covered by an auto wrecker permit prior to the time that the auto wrecker "on call" has been sent to the location of the disabled vehicle. No police officer, acting in the scope of his authority, shall send, or cause to be sent, to the scene of a disabled vehicle any auto wrecker not operated by the holder of an auto wrecker permit. No police officer shall suggest or recommend that the owner or driver of a disabled vehicle call any auto wrecker other than the one "on call" in accordance with this section. Sec. 57-244. Soliciting wrecker business on city streets prohibited, presence at scene of collision as prima facie evidence of violation. No permit holder or his employee shall solicit in any manner directly or indirectly, on the streets of the City of Corpus Christi, wrecker business involving any vehicle which is disabled or wrecked on a public street. This prohibition applies regardless whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, selling, or purchasing such vehicle. Proof of the presence of any wrecker, whether or not certified or identified under the provisions of this article, except a wrecker call pursuant to the provisions of this article, at or near the scene or site of a wreck or collision on any public street in the City of Corpus Christi after the event of the wreck or prior to the removal of all disabled or damaged vehicles shall be prima facie evidence of solicitation in a violation of this section. Sec. 57-245. Responding to calls. Each auto wrecker permit holder who desires to be on the rotation list maintained by the Chief of Police shall respond to all assignments given by the police dispatcher during any hour of the day or night for the period that said permit holder is scheduled to receive calls from 205PW058.ord 13 the police dispatcher in accordance with said rotation system. The permit holder shall arrive at the scene of the request within a reasonable time after notification to do so by the Police Department; such response time not to exceed thirty (30) minutes. Sec. 57-246. Removal of wreckage and debris, etc. at the scene of an accident. The permit holder shall completely remove from the site of an accident all resulting wreckage and debris, including all broken glass and metal fragments but excluding the vehicle cargos before leaving the site. This debris shall be disposed of in a manner which will keep it out of the gutters, storm sewers, streams, public right-of-way and property not belonging to the wrecker company, without the consent of the property owner. Sec. 57-247. Notice of location of storage facility. The permit holder shall, upon arrival at the scene of a disabled vehicle, and prior to towing said vehicle away from the scene, if the owner or operator of the vehicle is at the scene and able to receive information, give to the owner or operator of said vehicle a card which notifies the owner or operator that his vehicle will be towed to the permit holder's storage facility unless the owner or operator requests that the vehicle be towed elsewhere. Said card shall state the location of the permit holder's storage facility and his business telephone number. Sec. 57-248. Prohibiting driving of an auto wrecker by a person cited for certain traffic violations. A permit holder shall not allow a permitted auto wrecker to be operated by anyone that has received three (3) citations for moving violations within the preceding twelve (12) month period, not arising out of the same incident. The Police Department shall notify the permit holder of any such citation issued to a wrecker driver. The permit holder shall supply the Police Department with a list of drivers and their Texas drivers license number semi-annually. Sec. 57-249. Reassembly of parts. Whenever it becomes necessary to disassemble parts to a vehicle in order to tow said vehicle, the permit holder shall reassemble such parts upon reaching his storage facility if requested by the owner or if the vehicle is to be reclaimed by the owner. Sec. 57-250. Storing wreckers on public streets or rights-of-way prohibited. No permit holder shall store any vehicle or wrecker on the public streets or rights-of-way. 205PW058.ord 14 Sec. 57-251. Dispatching of Category A and Category B wreckers. If a rotation system wrecker is dispatched to the scene of a disabled vehicle, the Police Department will tell the permit holder how many wreckers to dispatch and whether the wreckers to be dispatched are Category A or Category B wreckers. Permit holders shall dispatch only the number and type of wreckers requested by the Police Department. Sec. 57-252. Officer at the scene. A police officer shall stay at the scene of an accident until the scene is completely cleared whenever practical. Sec. 57-253. Emergency dispatches. No auto wrecker shall be dispatched to the scene of an impounded or disabled vehicle under a Signal 17 (emergency run) without a police escort. Sec. 57-254. Maximum wrecker service and storage fees. The maximum fees to be charged for a wrecker dispatched under the rotation system provided for in this article for the consent or con -consent towing and storage of vehicles are as follows: Category A Wreckers 1. Normal consent or non -consent two $ 45.00 2. Required use of dollies 20.00 3. Additional labor such as, but not limited to, winching for removal of a vehicle from a ditch or water, righting an overturned vehicle or for similar unusual circumstances 20.00 4. Additional fee for each hour or portion thereof at the scene in excess of one hour not caused by delay on the part of the permit holder 15.00 5. Total maximum towing fee including the use of dollies and additional labor but excluding additional time at the scene 85.00 Category B Wreckers 1. Normal consent or non -consent tow $ 75.00 2. Additional labor such as, but not limited to, winching for removal of a vehicle from a ditch or water, righting an overturned vehicle or for similar unusual circumstances 50.00 3. Additional fee for each hour or portion thereof at the scene in excess of one hour not caused by delay on the part of the permit holder 50.00 205PW058.ord 15 4. Total maximum towing fee including the use of dollies and additional labor but excluding additional time at the scene 125.00 Storage Fees Per Day 1. Vehicles with rated capacity of one ton or less according to manufacturer's rating (including but not necessarily limited to passenger cars, vans, and pickup trucks up to and including one ton). . . . $ 5.00 2. Vehicles with rated capacity in excess of one ton according to manufacturer's rating 8.00 The permit holder shall attach a copy of each customer invoice, for services rendered under the rotation system established by this article, a form showing the maximum fees allowed to be charged for such services under the provisions of this article. The forms to be attached to the customer invoice shall be provided by the City. Failure to attach said form to said invoice shall be cause for revocation of the auto wrecker permit. Invoices sent to the City for service on impounded vehicles shall be itemized to explain any additional charges above the normal towing fee. The Chief of Police will review each invoice and City provided form for appropriateness of charges, and will retain final approval authority for charges accrued for services rendered for rotation services. The maximum fees to be charged for the towing and storage of an impounded vehicle are those established by Section 13-48 and Section 53-60 of the Code of Ordinances, City of Corpus Christi. Sec. 57-255. Notification to permit holders of pending changes to permit regulations. Holders or permits under Article V of this Chapter of the City Code shall be notified by the City of Corpus Christi of any pending changes in Article V. SECTION 4. Auto wrecker companies holding a currently valid wrecker permit shall have sixty (60) days from final passage of this ordinance to comply with the provisions thereof. The provisions of Section 57-226 "Issuance" shall go into effect on January 1, 1989. A11 new permit applicants applying after the passage of this ordinance shall be governed by all of the new provisions of this ordinance, including Section 57-226. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 205PW058.ord 16 SECTION 6. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 205PW058.ord 17 That the foregoing ordinance was read for he first time and passed to its second reading on this the //d- day of _ �1 ,� � , 19 g g , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance Tas read for he secon time and ed to its third reading on this the day oft 19 ed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong aitaut, That the f egoing ordi�j� ce w s read for th,third time and passed finally on this the day of 60Q)1 19 6 , by the following vote: Betty N. Turner -e/y7J Bill Pruet David Berlanga, Sr. (alett: Mary Rhodes Leo Guerrero Frank Schwing, Jr. Clif Moss Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the ATTEST: day of City Secretary MAYOR APPROVED: 8.br\ DAY OF f2a , 195e: HAL GEORGE, CITY ATTORNEY BY Assistant City Attorney 99.044.01 HE CITY 20235 CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT State of Texas, l City of Corpus Christi County of Nueces J ss: Ad # 47820 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jinn Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20235 AMENDING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14 day of March 1988, and each day there- after for one consecutive day(s) one Times $69.00 LA.14 atitic.,0 Senior Accounting Clerk Sub ibed and sworn t re me this 17th day of March, 1988. Eugenia ay Cortez Notary Public, Nueces My commission expires County, Texas on 6,30.89 NOTICE OF PASSAGE OF ORDINANCE #20235 'AMENDING:THE CITY CODE BY , REPEALING ARTICLE V, CHAPTER 57, AUTO WRECK- : ERS,, AND BY ADOPTING A NEW ARTICLE V: DEFINING :TERMS:, PROVIDING A _PEN- ALTY F.OR • VIOLATIONS, REQUIRING OPERATORS !OF AUTO -WRECKER SERVICES TO" APPLY FOR, AND POS-; SESS" "AN AUTO WRECKER= PERMIT FROM THE CHIEF OF POLICE; PROVIDING FOR IN- SPECTION AND CERTIFICATION OF AUTO WRECKERS USED BY SAID AUTO _WICKER SERVICES PROVIDING FOR FEES FOR APPLICATION; PERMIT AND RENEWAL OF PERMIT; PRO- VIDING FOR SUBSTITUTION OF WRECKERS BY "PERMIT TEE; PROVIDING FOR . ADDITIONAL AUTO. WRECK- - ERS TO BE ADDED'.. TO THE . PERMIT OF A PERMITTEE, REQUIRING INSURANCE TO BE CARRIED BY THE PERMIT- TEE; REQUIRING PERMITTEE` , TO MAINTAIN AN - ADE QUATE •STORAGE AREA: MAKING PROVISIONS FOR . TOWING -OR MOVING OF VE - 1 HICLES, PROVIDING A SYSTEM, FOR THE CIS- PATCHING OF WRECKERS y TO THE SCENE OF DISABLED VEHICLES; REGULATING FEES AND CHARGES FOR WRECKER SERVICE; PROHIB , !TING THE SOLICITATION OF WRECKER BUSINESS ON . PUBLIC .STREETS; -"PROVID- ING THAT EACH WRECKER PERMIT SHALL BE ' NON- TRANSFERABLE; PROVIDING: FOR SEVERANCE; AND, PRO- VIDWasING F iR PUBLICAT .ed and approved,_ by the City Council of the City' of Corpus Christi, Texas ort-„, the 8th day of March, 1988. The foil text of said ordinance is available to the`rpublic irethe .' Office of the City Secretary /s/ Armando Chapa City Secretary City of Corpus Christi'.