HomeMy WebLinkAbout021834 ORD - 12/21/1993AN ORDINANCE
AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER
57, VEHICLES FOR HIRE, ARTICLE V, AUTO WRECKERS, SECTION
57-220 THROUGH SECTION 57-255, INCREASING FEES, DEFINING
TERMS, AMENDING APPLICATION FORM, ADDING A RENEWAL
APPLICATION, REQUIRING TEXAS TOW TRUCK PLATE, ADDING
REQUIREMENTS FOR USE OF CLOSEST WRECKER, ADDING PERMIT
HOLDER REQUIREMENTS; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Corpus Christi City Code, Sections 57-220
through 57-254 are hereby amended 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.
Closest Wrecker: The owner of an auto wrecker ermit which is
located •eo•ra•hi 11 dis
situation can be of
rotation list.
happens to be near the scene.
ca closest to
atched for an emer
This does not mean
the scene
•
•
Consent tow:
An
•
enc
an emer
disr
•
ardi
•
enc
the
an auto wrecker which
non-im.oundment tow conducted with the
ermission of or at the direction of the towed vehicle's
le.al or re•istered owner or such owner's authorized
re•resentative. Exce.t as set forth in the definition of
"non -consent tow" below a tow will be considered a consent
tow where the owner is able to •ive consent. The vehicle will
be towed to the location desi nated b the vehicle's le•al or
re istered owner or such owner's authorized re.resentative.
Fees shall be •aid to the auto wrecker com.an as set b this
ordi_ n_an_e_
.
•
•
[definitions Disabled Vehicle through Impounded Vehicle are
unchanged]
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Nonconsent tow: Any impoundment 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 of the vehicle of a person who has been
taken into custody by a law enforcement agency is considered
a nonconsent tow. Any impoundment tow from the scene of an
accident is considered a non -consent tow. Fees shall be paid
to the Corpus Christi Vehicle Impound Lot as set by this
ordinance. This definition excludes non -consent tows from
private property.
Normal Tow: All measures necessary to transport a disabled
vehicle including but not limited to: double hook-up,
multiple tow (vehicle and small trailer), cleaning of an
accident scene; it does not include: winching, changing
tire/s, use of dolly/s, on -scene delays caused by other than
the wrecker driver, or a second wrecker to tow or assist the
first wrecker on a single disabled vehicle, which have
additional fees.
Owner: The person, corporation. or partnership which has an
auto wrecker permit and owns any auto wrecker which is
permitted by Article V. Owner includes all owner's employees
and agents and shall be plural if the context so requires.
Rotation List: The list set up by Sec. 57-243 which
determines the order in which auto wreckers are sent to tow a
vehicle for the police department.
Rotation Wrecker: The owner who holds the auto wrecker permit
for the next scheduled auto wrecker on the rotation list as
determined by the chief of police in accordance with the
policy enacted pursuant to Sec. 57-243. The rotation list
currently changes on a daily basis.
Rollback Wrecker: A tow truck equipped with a moveable bed,
which is adapted for winching a vehicle onto the bed for the
purpose of recovering and transporting that vehicle.
Scene: The location of a disabled or impounded vehicle.
Sec. 57-223. Application; contents, fees.
A. Any person, corporation, or partnership desiring to operate
one or more a» auto wrecker or wreckers in the City of Corpus
Christi shall make an original or renewal application apply in
meg for an auto wrecker permit to the Chief of Police as
follows: and shall, in said aselieation, atate or provide the
following:
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B. Original Application:
(1) List 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 numbers and 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) Owner shall list the certification (Category A or
Category B auto wrecker, See § 57-254), and attach a copy of
the Texas License Receipt and the Texas Tow Truck
Registration/Cab Card for each auto wrecker Owner wants to
permit.
numbcr, and otatc
(3) Owner shall
wreckers listed on
license.
provide proof of ownership of all auto
the auto wrecker permit issued.
(4) Owner shall provide a current certificate from the county
tax assessor -collector that all City of Corpus Christi taxes
on all property, real and personal, to be used in connection
with Owner's auto wrecker business are paid.
(5) Owner shall provide a copy of a deed to or lease for the
proposed location for the auto wrecker business and storage
facility and written verification of the zoning of the
proposed location from the city Planning Department.
land on which the buoincso
located.
and Storage
facility will be
(6) Owner shall provide a written statement that he will
comply with the
provisions of this article and of all other ordinances,
statutes and state laws applicable to motor vehicles and auto
wrecker businesses. Further, that Owner will ensure
compliance with said laws by all his auto wrecker drivers.
(7) A copy of Owner's Texas Sales and Use Permit.
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(8) A copy of Owner's Certificate of Occupancy at the
proposed business location.
(9) A copy of Owner's current Texas Vehicle Storage Facility
License. Owners licensed under the Texas Motor Vehicle
Commission must also obtain a Texas Vehicle Storage Facility
License.
(10) A copy of Owner's Certificate of Insurance, see Section
57-232.
(11) A list of all owner's auto wrecker drivers, including
each one's name, social security number, date of birth,
drivers license number, and state of license.
C. Renewal Application - Owner shall provide:
1. Written confirmation of any changes in information supplied by
previous application or renewal.
2. A current certificate or current receipt marked paid from the
County tax assessor -collector that all City of Corpus Christi
taxes on all property, real and personal, used in connection
with owner's auto wrecker business are paid.
3. A copy of owner's current Texas Vehicle Storage Facility
License.
4. Owner's insurance company shall provide a current Certificate
of Insurance.
5. A copy of the current Texas License Receipt and Texas Tow
Truck Registration/Cab Card.
6. A copy of the Texas Tow Truck Registration/Cab Card for each
new auto wrecker.
7. A list of all owner's current auto wrecker drivers and
required information [See § 57-223(b)(11)1.
D. Application or Renewal Application:
Said application or renewal application shall be accompanied
by an application fee of one hundred dollars ($100.00). If
the application or renewal is denied, fifty ($50) dollars of
the - --- •• application
fee shall be kept to cover the cost of reviewing the
application or renewal application. If application or renewal
is approved, see Permit Fees. Section 57-226.
AG5000.440.ajr
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Upon receipt by the Police Department of the foregoing
information, the storage facility and all auto wreckers will
be inspected by a Police Department representative. Auto
wrecker inspection/s, see Section 57-224. Storage facility
inspection, see Section 57-240.
Sec. 57-224.
Review of aApplication and certification of auto
A. The chief of police shall review each auto wrecker permit
application for compliance with this article, and he shall
inspect and certify each listed auto wrecker, business
location, and storage facility if each listed auto wrecker
meets the requirements of a Category A or Category B auto
wrecker, and if the business location and storage facility are
acceptable and properly zoned.
Upon review of application for an auto wrcckcr permit, the
auto wrecker liotcd on said application muot mcct the
rcquircmcnt3 of, and be certified aa, cithcr a category A or
category B wrcckcr.
B. Category A. A category A auto wrecker shall meet the
following requirements:
(1) Be not less than 4 one (1) ton (minimum 7,500 10.000 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 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. If a hydraulic
wheel lift with is installed, it must have a factory -rated
capacity of not less than cight thouaand (8,000) two thousand
five hundred (2,500) 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.
C. Category B. A category B auto wrecker shall meet the
following requirements.
(1) Be _
(minimum 28,500 over 26,000 lbs. gross vehicle weight
capacity, as reflected on the manufacturer's certificate.
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If
6
the unit does not have a manufacturer's certificate, then the
gross weight shall be determined by a testing procedure
approved by the chief of police.
(2) Be equipped with a power operated winch, winch line, and
boom with a factory -rated lifting capacity of not less than
fifty thouoand (50,000) thirty-five thousand (35,000 pounds,
single or double line capacity. If the unit does not have a
factory -rated capacity, then said capacity shall be determined
by a testing procedure approved by the chief of police.
D. 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.
E. Each auto wrecker at all times shall carry the following
as standard equipment in good working order, except as
otherwise noted:
(1) A tow sling or hydraulic lieft which is sufficient
to prevent the swinging of any equipment being transported.
b— (2) Steel safety chains of a three -eighths -inch link for
category A auto wreckers and of one -half-inch link for
category B auto wreckers.
e: (3) One 10 pound BC (or two (2) five pound BC) fire
extinguisher that is properly filled and located so that it is
readily accessible for use.
d— (4) One crowbar or wrecking bar of not less than thirty-
six (36) inches in length with a wedge head.
e (5) 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.
€ (6) One flat -edged shovel of at least nine (9) inches
with a handle of not less than thirty-six (36) inches.
g— Ea Three (3) portable red emergency reflectors.
hr (8) Towing dollies in working condition, category A
rollback wreckers and category B wreckers are exempted.
(9) A box or bucket to carry glass and debris cleaned
from streets when picking up a wrecked vehicle.
-- (10) Rope or wire suitable for securing doors, hoods,
trunks, etc.
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• (11) A spotlight or flashlight.
• 112) Outside rearview mirrors on both sides of the truck.
- (13) One set of operating tow lights (for towed vehicle).
F. -{5} Each an auto wrecker must be labeled on both sides with
owner's the name, address, and phone number of thc owncr along with
and the city permit number. All numbers and lettering shall be
permanently affixed and clearly legible.
G. {6- Each auto wrecker shall be equipped with a police radio
receiver set or portable telephone capable of clearly receiving
transmissions-
Corpuo Chrioti police department by the owner's dispatcher.
H. {7-)- All auto wreckers shall have flashing overhead warning
lights that are in good working order, with lenses free of
oxidation, that rotate, that are clearly visible during daylight
hours, and that comply with the Uniform Act Regulating Traffic on
Highways, Texas Civil Statutes, Article 670-d.
I. {6} If an auto wrecker is
transporting a vehicle weighing
which does not have
functioning taillights, the auto wrecker driver operator must
supply the towed vehicle with a functioning light bar functioning
lights. This light bar These lights must provide safe lighting of
the towed vehicle. These lights. including turn signals, brake,
and clearance lights, must be actuated by the auto wrecker.
J. f9} The owner or driver operator of each auto wrecker shall
comply with all othcr regulations governing auto wreckers contained
in this article or any applicable laws ordinances of the City of
Corpus Christi or the State of Texas.
K. (10) All auto wreckers including rollback wreckers must have
the capability to. and actually put. the impounded vehicle on the
ground for the impound officer's inspection and inventory prior to
the impound officer accepting the vehicle. The impound officer
shall not be required to climb onto any auto wrecker to inspect or
inventory an impounded vehicle. After inspection, the owner or
auto wrecker driver will put the vehicle into the parking spot
assigned by the impound officer.
(3) Each auto wrecker and thc equipment thereon shall be in
that meet braking performance requirements undcr all loading
conditions.
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cquipmcnt.
b.
d.
to prevent the swinging of any equipment bcing
tranoportcd.
Steel safety chains of one half inch link.
and located oo that it is easily accessible for
One crowbar or wrecking bar of not lcos than
thirty Six (36) inches in lcngth with a wcdgc head.
than thirty six (36) inches.
with
inches.
a
handle of not less than thirty six (36)
Towing dollies in working condition.
trunks, ctc.
1.
Outside
truck.
rearview
mirrors on both sides of the
(6)
lettering
lcgiblc.
shall be permanently affixcd
and clearly
Each auto wrcckcr shall be equipped with a policc radio
rcccivcr oct capable of clearly receiving tranomiasiono
Christi policc department.
(8)
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Traffic on Highways, Texas Civil Statutes, Articic 6701
If an auto wrcckcr is transporting a vchicic weighing tcn
(9)
9
towed vehicle.
Thc owner or operator of each auto wrecker shall comply
with all othcr regulations governing auto wreckers
Sec. 57-225. Notice of disapproval of application; correction of
defects.
The chief of police shall give owner written notice of failure
of anv application to meet all requirements. which requirements
were not met, and thirty (30) days to remedy anv defect and/or meet
all requirements. If owner does not remedy all defects and/or meet
all requirements during the thirty (30) day cure period the chief
of police shall deny the application for an auto wrecker permit.
writing to thc applicant that his application shall not be
approve said application for an auto wrcckcr permit. Thc applicant
to comply with thc foregoing requirements. If said applicant docs
not remedy any dcfcct within this thirty day period, thc chief of
Sec. 57-226. Permit Issuance.
articic,tThe chief of police shall issue an auto wrecker permit to
each owner whose application complies with all requirements of this
article upon owner's payment of a two hundrcd ($200.00) dollar
three hundred ($300.00) dollar permit fee_ for each auto wrcckcr
permit which the applicant dcairca. The one hundred ($100.00)
dollar application fee of one hundrcd ($100.00) dollars shall be
applied to the permit fee. In addition, each permit holder the
owner shall pay an auto wrecker operation fee of one hundred twenty
($120.00) dollars for each auto wrecker thc said permit holder
desires to operate under an permitted to owner's issued permit
number.
Sec. 57-227. Notice of denial, appeal.
IftThe chief of police denies an application he shall notify
the applicant owner in writing of said denial of an auto wrecker
permit application: oaid notice shall be deemed sufficient if
at the business
address in the application by United States mail. Thc applicant
days of the date of thc notice of thc denial. Said appeal shall be
AG5000.440.ajr
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appeal from the ruling of the chief of police is desired. Upon
thereafter, and in no ace more than thirty (30) days, hear such
ohall not be issued.
Owner may appeal the denial, within ten (10) days of the date
of the notice of denial. by sending a letter to the mayor stating
that an appeal from the chief of police's ruling is desired.
City council shall promptly and within thirty (30) days after
receipt of the appeal hear the appeal and shall sustain, modify, or
reverse the police chief's ruling. The auto wrecker permit shall
not be issued until city council has heard the appeal and acted to
sustain, modify, or reverse the police chief's ruling.
Sec. 57-228. Tcnuro of pPermit Term.
Each auto wrecker permit shall be issued for one (1) year from
January 1 to December 31. If any auto wrecker permit is issued for
less than one (1) year the three hundred ($300.00) dollar permit
fee and one hundred twenty ($120.00) dollar operation fee per auto
wrecker shall be prorated based on the number of months remaining
until December 31. Renewal fees will be paid in the same manner as
set out above. There will be no refund of permit fees or operation
fees.
If a January 31 expiration deadline results in a permit being
dollars ($200.00) and operation fcc of one hundred dollars
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 each auto wreckers covered by said permit. All
said identifications and permit numbers shall be permanently
affixed in letters no less than two (2) inches high.
Sec. 57-230. Substitution of vehicle; fees.
An owner may substitute an unpermitted auto wrecker for one
which has been permitted upon providing written notice of intent to
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substitute. The notice shall contain all information required by
Sec. 57-223 , whether the substitute is a Category A or Category B
auto wrecker, and owner shall pay a twenty ($20.00) dollar
inspection fee for each substitute auto wrecker.
If the substitute auto wrecker complies with the requirements
of Sec. 57-223, owner's auto wrecker permit shall be amended to add
the substitute auto wrecker and delete the auto wrecker owner
designates.
writing of his intentions to substitute equipment. Said notice
Sec. 57-231. Adding vehicles; fees.
Owner may add one or more additional auto wreckers to the auto
wrecker permit by filing a supplemental application containing all
information required by Sec. 57-223. If the additional auto
wrecker complies with the requirements of Secs. 57-223 and 57-224,
owner's auto wrecker permit shall be amended to add the additional
auto wrecker(s).
The fee for adding auto wreckers to an auto wrecker permit
shall be one hundred -twenty ($120.00) dollars prorated based on the
number of months remaining until December 31, provided, the minimum
fee for adding an additional auto wrecker shall be fifty ($50.00)
dollars.
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Sec. 57-232. Insurance
(a) An owner permit holder shall procure, and keep in full
force and effect, all insurance policies required by this 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 prior
to e€ cancellation or material change in the policy.
(b) The coverage provisions insuring the public from loss or
damage that may arise to any person or property by reason of the
operation of an auto wrecker tow truck shall set minimum limits for
each auto wrecker tow truck as follows:
1) Each Category A auto wrecker must have liability
insurance in the amount of three hundred thousand
dollars ($300,000.00) combined single -limit
coverage.
2) Each Category B auto wrecker must have liability
insurance in the amount of five hundred thousand
dollars ($500,000.00) combined single -limit
coverage.
(c) Each auto wrecker must have tow truck cargo, on -hook, or
a similar type insurance. It is the intent of this subsection to
_m-ovid_ require insurance covering damage to the towed vehicle
while it is in the care, custody or control of the owner
holder for which said owner 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.
1) Each Category A auto wrecker must have insurance
coverage in an amount of not less than twenty
thousand dollars ($20,000.00) in lieu of this
coverage, each auto wrecker may have garagekeeper's
legal liability insurance with direct coverage
options in an amount not less than twenty thousand
dollars ($20,000.00) to cover damage to the towed
vehicle.
2) Each Category B auto wrecker must have insurance
coverage in an amount of not less than thirty
thousand dollars ($30,000.00). In lieu of this
coverage, each auto wrecker may have garagekeeper's
legal liability insurance with direct coverage
options in an amount not less than thirty thousand
dollars ($30,000.00) to cover damage to the towed
AG5000.440.ajr
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vehicle.
(d) Each auto 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 article.
(e) An auto wrecker permit issued under this article shall
automatically be suspended upon cancellation or expiration, for
whatever reason, of any insurance required by this section.
(f) Said policies shall contain a clause naming the city as
an additional insured. The chief of police shall have authority to
increase the above requirements upon thirty -days' written notice to
all p__mitt__c owners.
(q) An original renewal certificate of insurance shall be
provided to the chief of police at least fifteen (15) days before
the ending date of anv insurance in effect for each owner. Failure
to comply will result in the owner being deleted automatically from
the rotation list until the next monthly rotation list is published
following the receipt of said renewal certificate.
(h) Owners shall ensure speedy and appropriate claims actions
for citizens.
Sec. 57-233. Suspension and revocation --Procedure, appeal.
Notwithstanding any penal provisions 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
owner permit holdcr, his agents or employees. Such suspension or
revocation shall be made in accordance with the following
procedures:
(1)
Upon complaint against any owner permit holdcr 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 owner permit holdcr
against 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
owner permit holdcr 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 of police in making his decision.
(2) If the chief of police suspends the permit, said
A05000.440.ajr
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14
suspension shall be for a period of not more than sixty
(60) days and the chief's action shall be final.
If the chief of police revokes a permit permanently, he
shall notify the owner permit holder in writing of the
reasons therefor. Said notice shall be deemed sufficient
if posted in the United States mail addressed to the
owner's business address of the permit holder as
contained in the original application for a permit or the
latest application for a renewal thereof. The owner
permit holder shall have the right to appeal to the city
council within ten (10) days from the date of the notice
of revocation. Said appeal shall be perfected by
sending a 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 ruling decision
of the chief of police is perfected, as herein provided,
the ruling decision of the chief of police shall be
suspended pending a hearing by the city council. Upen
receiving Such appeal, the City council shall,- promptly
and within
ease more than thirty (30) days, hear such appeal and
shall either sustain, modify or revoke the ruling
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. When a permit is
revoked and upheld, the owner shall remove the City
permit number from the sides of all wreckers previously
permitted. within five (5) working days of such
notification.
Sec. 57-234. Same --Waiting period pelt 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 year from the date of
such revocation.
Sec. 57-235. Promulgation of regulations.
The chief of police is authorized to issue regulations
relating to an owner's the operation of permitted auto wreckers by
consistent with the provisions
effectuate the general purpose of
of this article
this article.
and designed to
Sec. 57-236. Maintenance of place of business and equipment.
It shall be unlawful for any "r k r e rmIL holder to operate
AG5000.440.ajr
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No owner may operate a permitted
auto wrecker business and storage facility, unless he maintains his
place of business, his storage facilityy and all of his equipment
in a manner that continuously complies with the provision of this
article and the zoning, fire preventions and other ordinances of
the City of Corpus Christi.
Sec. 57-237. One company per business location.
Only one (1) permitted auto wrecker business and storage
facility may operate at any one business address and/or location,
regardless of whether the same person. partnership, or corporation
owns more than one (1) permitted auto wrecker business. If two or
more auto wrecker businesses were in operation at the same business
address and/or location prior to March 8, 1988 they are exempted
from this section.
However, any owner whose auto wrecker permit is suspended or
revoked by the chief of police, who voluntarily removes himself
from the wrecker rotation list. or who fails to renew his permit
shall lose the exemption and may not resume auto wrecker operations
at the same business address and/or location as another permitted
auto wrecker business.
Each owner may only operate auto wreckers which are permitted
to him in response to any call for service from the Corpus Christi
police department.
It chall be unlawful
for more than one permittcd wrcckcr
corporation. Two (2) or more permitted wrecker companico in
Sec. 57-238. Twenty-four hour service.
Each owner permit holder shall maintain sufficient personnel
and auto wreckers to provide twenty-four hour auto wrecker service
under normal circumstances. and Each owner the permit holder shall
have at least one telephone number which is answered twenty-four
hours a day, seven (7) days a week by that auto wrecker ocrvice
AG5000.440.ajr
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business at its business address and/or location, without routing
telephone calls through a switchboard.
Routing telephone calls through a switchboard shall be grounds
for suspending or revoking the auto wrecker permit.
Sec. 57-239. Vehicle storage facility; attendant at business
address and storage area.
An auto wrecker permit shall only be issued to an owner who
has a properly zoned vehicle storage facility at its business
address which meets 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 including a gate which is locked at all
times the permit holder owner or an agent or employee is
not at the storage let area. The fence shall be
continuously maintained in good condition.
(2) The storage area shall have an all-weather surface such
as concrete, asphalt, black -top, stone, macadam,
limestone, iron ore, gravel, caliche, or shell that
allows for the delivery and release of vehicles feasibly
in all weather conditions.
(3) Each holder of an auto wrcckcr permit shall have a
responsible person present at the business address and
hours. An auto wrcckcr permit owner shall have an
operable telephone which must be publicly listed. If at
(43) The storage area shall have a sign at the entrance which
is clearly readable from the street setting out the name
of the auto wrecker business eempany, the street address,
correct telephone number and the hours vehicles will be
released to vehicle owners.
(44) The storage area shall have a sign setting out the per
diem charge for storage and all other fees which may be
AGS000.440.ajr
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charged by the owner otorage lot. This sign shall be
located no that it is clearly visible to a vehicle owner
prior to the payment of any fees.
(65) The storage arca Owner shall maintain adequate
illumination levels throughout the vehicle storage
facility which shall not be less than one-half (') €ivo
f5} footcandles where the vehicles are stored maintained;
one (1) ten (10) footcandles in the traffic lanes; and
five (5) fifty (50) footcandles at the entrance.
(6) Owner, his employee, or agent shall be at the auto
wrecker business address and have access to the vehicle
storage facility, and all vehicles stored there, during
normal business hours.
Owner shall have a publicly listed phone which is
answered at the business address twenty-four hours a day
seven (7) days a week using the name permitted to owner.
Use of an answering service which places the police
dispatcher on hold, or answering machine, is prohibited.
Use of call forwarding off-site is only permitted if the
owner or auto wrecker driver is on -duty for receipt of
assignments.
The police dispatcher shall not be placed on hold to
answer incoming calls. Placing the police dispatcher on
hold prior to obtaining all pertinent information may
subject an owner to being moved to the bottom of the
rotation list at the police chief's discretion.
If an owner wishes to change the business address or
phone number, that owner must provide written notice to
the police chief at least five (5) days prior to the
effective date of the change.
That owner's new telephone number shall be displayed on
all permitted auto wreckers within five (5) days after
the phone number is changed.
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 section 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 and vehicle
storage facilities.
AG5000.440.ajr
18
Sec. 57-241. Prerequisite to towing impounded or disabled
vehicles.
L1 No auto wrecker shall be permitted to tow, or othcrwioc
transfers or transport any impounded or disabled vehicle
for the police department without the owner holding a
permit as set out in this article unless=said-mate
(2) No auto wrecker shall winch, right, or tow any vehicle
which exceeds the auto wrecker's weight limitations,
EXCEPT IN CASE OF AN EMERGENCY as determined by a
certified peace officer at the scene.
DI Non -consent Tow: A non -consent tow is when the owner or
driver does not give permission for the tow. Only
permitted auto wreckers may perform non -consent tows.
All non -consent tow vehicles shall be taken to the city
impound lot.
The auto wrecker dispatched for a non -consent tow shall
be the next scheduled rotation wrecker, unless the owner
or driver requests the on -scene police officer to send
another permitted auto wrecker PRIOR to the time the next
scheduled rotation wrecker is dispatched to the scene.
i41 Consent Tow: A consent tow is when the owner or driver
gives permission for the tow, determines the destination
of the towed vehicle, and the towed vehicle is not taken
to the city impound lot.
The auto wrecker dispatched for a consent tow shall be
the next scheduled rotation wrecker unless the owner or
driver:
Lai personally calls an auto wrecker of his/her
preference, or
u requests the on -scene police officer to send
another permitted auto wrecker,
PRIOR to the time the next scheduled rotation wrecker is
dispatched to the scene.
A NOT FOR HIRE wrecker belonging to the owner may be
called by the owner for a consent tow.
Ifl No vehicle shall be towed by an auto wrecker which does
not display both a Texas tow truck plate and Texas
license plate.
AG5000.440.ajr
19
(6) In a situation where safety or time dictates otherwise,
the peace officer on the scene may direct actions
inconsistent with these requirements.
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 next scheduled rotation auto
wrecker "on call" has been ocnt by the policc diapatchcr
dispatched to the scene.
Sec. 57-243. Dispatching in rotation.
11i The police chief shall establish an equitable rotation
list system of the owners holding auto wrecker permits
where each owner is dispatched in rotation to the scene
of an impounded or disabled vehicle. No police officer
or dispatcher shall cause any auto wrecker to go to the
scene of a disabled or impounded vehicle other than the
next scheduled rotation wrecker unless:
Al the closest wrecker is sent because:
lZ an extreme emergency situation exists where a
human life is at stake; or
fl an accident has blocked a traffic lane on the
Harbor Bridge. Nueces Bay Causeway, JFK Bridge
or causeway, Interstate Highway 37. State
Highway 77, State Highway 286, State Highway
358, State Highway 44/358 interchange, or the
respective highway access road intersections
where traffic congestion is causing traffic to
backup on those highways; or
121 the owner or driver of a disabled or impounded
vehicle wants to use another auto wrecker than the
next scheduled rotation wrecker and requests that
company PRIOR to the next scheduled rotation
wrecker being dispatched to the scene.
If the owner or driver of a disabled vehicle wants
to use an auto wrecker company not on the rotation
list, the owner or driver must contact that company
directly but not through the police officer or
dispatcher.
AG5000.440.ajr
20
u No police officer shall suggest or recommend that the
owner or driver of a disabled vehicle call any auto
wrecker company other than the next scheduled rotation
wrecker.
However, in a situation where safety or time dictates
otherwise, the peace officer on the scene may direct
actions inconsistent with these requirements.
holder is dispatched to thc scene of an impounded or disabled
vehicle in rotation. No police officcr shall cause any auto
police; provided, however, auto wreckers covered by auto wrecker
(1) An extreme emergency situation exists wherein a human
life is at stake; or
(2) The owner or driver of a disabled vchicic requires the
•
disabled vchicic.
No police officcr shall suggest or recommend that thc owner or
Sec. 57-244.
Soliciting wrecker business on city streets
prohibited; presence at scene of collision as prima
facie evidence of violation.
No owner permit holder or his employee or agent shall offer
assistance or solicit in any manner directly or indirectly, on the
streets of the City of Corpus Christi, auto wrecker business
involving any vehicle which is disabled or wrecked on a public
street. This prohibition applies regardless of 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 auto
wrecker, whether or not certified identified under thc provisions
e€ this article, at or near the scene er-s4te of a wreck er-
AG5000.440.ajr
21
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 e*
damaged vehicles shall be prima facie evidence of solicitation in
e violation of this section.
Sec. 57-245. Responding to calls.
Each owner -- _ = on the
rotation list maintained by the chief of police shall have
sufficient personnel and auto wreckers to respond to all disabled
or impounded vehicle assignments given by the police dispatcher.
during
On the scene response time
shall be prompt and shall not exceed thirty (30) minutes after the
police dispatcher's notification of the assignment. The permit
The owner, his agent or employee shall not refuse an
assignment except for safety reasons or if all owner's auto
wreckers are already performing tow work. If the owner, his agent
or employee refuses an assignment. he must notify the police
dispatcher of the reason. Documentation may be required if the
reason is auto wrecker equipment failure or prior tow work.
If an owner establishes a pattern of not responding due to a
lack of personnel or auto wreckers, or a pattern of untimely
response to assignments, the police chief at his discretion may
revoke or suspend owner's auto wrecker permit.
A revocation or suspension may be appealed in the manner set
out in Sec. 57-233.
Sec. 57-246. Removal of wreckage and debris, etc. at the scene
of an accident.
The owner permit holder shall completely remove from thc site
e€ an accident scene all resulting wreckage and debris, including
all broken glass and metal fragments but excluding thc vehicle
c�argoca before leaving the scene cite. This debris shall be
properly disposed of, and shall be removed to the extent that the
debris will not enter _ __ = the
gutters, storm sewers, streams, and public rights-of-way_amd
Property not belonging to the auto wrecker company shall be
collected and removed from the scene but shall not be disposed of
without the property owner's prior consent, without thc consent of
the owner.
AG5000.440.ajr
22
Sec. 57-247. Notice of location of storage facility.
If the owner or driver of a disabled vehicle is at the scene
and capable of receiving information, owner shall notify the owner
or driver of the disabled vehicle, and give him or her a fee
schedule and a card which notifies him or her, that the disabled
vehicle will be towed to owner's vehicle storage facility unless
the vehicle's owner or operator requests that the vehicle be towed
elsewhere.
The card shall contain the business's name, address, phone
number, hours during which a vehicle can be reclaimed, and a
statement that there will be charges for all services provided.
Failure to provide the card and fee schedule may result in
revocation or suspension of owner's auto wrecker permit, which may
be appealed as set out in Sec. 57-233.
tcicphonc number.
Sec. 57-248. Auto Wrecker Drivers.
violations .
11 An auto wrecker driver must be trained in the specialized
manner of towing disabled and impounded vehicles for the
police department.
21 An auto wrecker driver must be familiar with the Corpus
Christi road system in order to be able to respond
promptly to the correct location of the scene.
31 The chief of police may request documentation of training
or demonstration of a potential driver's ability to tow
a disabled or impounded vehicle and/or test his/her
knowledge of the Corpus Christi roadway system prior to
approving a driver.
1 Only approved auto wrecker drivers may operate permitted
auto wreckers. An invoice with an auto wrecker driver
who has not been approved by the chief of police will not
be paid by the police department.
AG5000.440.ajr
23
a Owner shall supply the chief of police the following
information at least three (3) working days before the
expected employment of an auto wrecker driver: driver's
full name. including any aliases; date of birth; social
security number; copy of current Texas and all other
states drivers licenses.
The chief of police shall approve or deny the driver
within three (3) working days after receipt of the above
information and shall notify owner in writing of the
approval or denial.
Owner shall supply the above driver's information on all
approved drivers to the police chief semiannually on June
1 and December 1.
Owner shall notify the police chief within five (5)
working days after termination of any driver.
1 No auto wrecker may be operated by any driver who has
received three (3) moving violation traffic citations
within the preceding twelve (12) month period, unless all
three (3) citations arose out of one incident.
The police chief shall notify an owner of any citations
issued to an approved driver working for that owner.
not arising out of the name incidcnt. The police department
department with a Hot of drivcro and thcir Tcxao drivcr'a
Sec. 57-249. Reassembly of parts.
Whenever it is becomes necessary to disassemble parts to a
vehicle in order to tow said vehicle, the owner 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 owner permit holder shall store any disabled vehicle or
auto wrecker on the public streets or rights-of-way.
AGS000.440.ajr
24
Sec. 57-251. Dispatching Category A and Category B wreckers.
When the police dispatcher assigns a rotation wrecker to the
scene of a disabled or impounded vehicle. the assignment will
include how many and what category of auto wrecker shall be sent to
the scene. The owner, his agent or employee will advise the police
dispatcher how many of its permitted auto wreckers are available at
the time of the call.
Owner shall not refer an assignment to another auto wrecker
company, even if the owner owns the other company. Any such
referral may result in revocation or suspension of owner's auto
wrecker permit, which may be appealed as set out in Sec. 57-233. at
the police chief's discretion.
If an auto wrecker is not at owner's business location, or if
an auto wrecker has been assigned to the scene of a disabled or
impounded vehicle and not already on its way back to owner's
business address at the time of the police dispatcher's call, an
auto wrecker is not available for being assigned a new scene.
Neither owner nor his agents or employees shall drive a
disabled or impounded vehicle which they have been assigned to tow.
dispatched arc Catcgory A or Catcgory B wreckers. Permit holdcra
the police department.
[57-252 and 57-253 are unchanged]
Sec. 57-254. Maximum auto wrecker service and storage fees.
The following towing fees shall be paid by the person
reclaiming the disabled or impounded vehicle once the auto wrecker
is hooked up to the vehicle it was assigned to tow:
A. Non -consent tows (impounded vehicles) will be paid to the
City at the City vehicle impound lot.
B. Consent tows (disabled vehicles) will be paid to the
assigned auto wrecker company according to that company's
policy.
C. If a vehicle has been hooked up and a police officer
directs the auto wrecker driver to release the vehicle.
the direction to release the vehicle shall be contingent
upon the person reclaiming the vehicle paving the tow fee
prior to the vehicle being released; otherwise, the tow
will be completed as assigned.
AG5000.440.ajr
25
D. Maximum towing fees:
▪ Category A auto wreckers
u Normal consent or non -consent tow
(includes double hookup) $ 50.00
jam Tire change rather than use dollies
one tire 15.00
two tires 20.00
u Required use of dollies 25.00
u Additional labor such as winching for
removal from a ditch or water, righting
an overturned vehicle or for similar
unusual circumstances (all inclusive) 20.00
(e) Total maximum towing fee including the
use of dollies and additional labor,
but excluding additional time at the
scene and unusual distance
traveled. 95.00
u Additional fee for each half-hour or
portion thereof at the scene in excess
of one half-hour not caused by delay on
the part of the permit holder. 10.00
jg1 Unusual distance (beyond JFK bridge or
Callicoate). 5.00
ILL Cleanup only, no tow required. 25.00
If the tow is incomplete, the vehicle owner or driver
must pay the charges set by the specific auto wrecker
company performing the tow.
IL_ Category B Auto Wreckers
/al Normal consent or non -consent tow
(includes double hookup).
u Additional labor such as winching for
removal from a ditch or water, righting
an overturned vehicle, pulling an axle
or for similar unusual circumstances
(all inclusive) at $20.00 per 15 minutes.
AG5000.440.ajr
95.00
u Additional fee for each half-hour or
portion thereof at the scene in excess
of one half-hour not caused by delay on
the part of the permit holder.
E. Storage Fees including storage for all or
part of the first twenty-four (24) hours
and for each subsequent twenty-four (24)
hour period or part thereof:
30.00
LZ Recovered stolen vehicles. 5.00
u Vehicles with rated capacity less than
one ton according to manufacturer's rating
(including but not limited to passenger
cars, vans and pickup trucks with a
rated capacity of less than one ton.)
7.50
j11 Vehicles with rated capacity of one ton
or more according to manufacturer's
rating.
10.00
F. Administrative Fee for processing and records
management. 10.00
G. Preservation Fee for covering broken/inoper-
able windows with plastic/tape. or similar
actions. Can be charged only if actually
performed; per window covered charge or use
of a tarpaulin for vehicle cover maximum 10.00
H. Notification Fees for: research (28's), Cer-
tified Letters, newspaper advertisements and
preparation necessary to inform the last
registered owner and lien holder/s. Can be
charged only if actually perform (1) or (2)
below.
111 Certified Letter, cost of postage,
research, preparation, supplies and
transportation:
one letter, in state 15.00
one letter. out of state 25.00
two or more letters. in/out of state 25.00
u Newspaper advertisement/s. actual publi-
cation cost prorated by number of arti-
cles advertised plus $2.00 for prepar-
ation, supplies and transportation.
AG5000.440.ajr
26
27
(3) The total fee charged for notification
under (1) and (2) above cannot exceed 25.00
Cross reference -See also Sections 13-48 and 53-60.
I. Multiple Vehicles. When a vehicle and trailer are both
towed by one auto wrecker, only one towing fee shall be
paid to owner. When more than one vehicle is transported
by one auto wrecker, e.g., motorcycles or parts of
vehicles, only one towing fee shall be paid to owner.
J. Invoices.
1. Each customer invoice shall include the owner's
company name, business address and phone number,
permit number, name of the auto wrecker driver who
performed the specific assignment being invoiced,
date and time of assignment, date and time
assignment completed (i.e., delivery of the
vehicle), hours when vehicles can be reclaimed, and
an itemized statement of charges. A fee schedule
listing the maximum towing, storage, etc. fees
shall be attached to each consent tow invoice.
2. The City shall provide each owner with the basic
fee schedule copies to attach to the consent tow
customer invoices. Failure to attach the fee
schedule shall be grounds for revocation or
suspension of owner's auto wrecker permit.
3. Each owner has one or more auto wreckers permitted
to him under an auto wrecker permit number. Only
service provided by an auto wrecker permitted under
an auto wrecker permit number shall be invoiced by
the owner, his agent or employee to that permit;
service provided under any other auto wrecker
permit number than the permit number under which it
is billed is in violation of this ordinance and
shall be grounds for revocation of the auto wrecker
permit.
4. Each owner shall invoice the police department for
nonconsent (impound) tows. which shall include an
itemized statement of charges and an explanation of
all charges above the normal towing only fee.
The chief of police will review each invoice and
either approve or reiect charges for services
rendered.
AG5000.440.ajr
28
The maximum fcca to be charged for a wrecker dispatched undcr
thc rotation oyatcm providcd for in thio article for thc consent or
nonconocnt towing and atoragc of vchicico arc as follows:
(a) Catcgory 11 wreckers.
(1) Normal consent or nonconsent tow.
(2) Required UGC of dollics.
(3) Additional labor ouch ao, but not
$ 45.00
limited to,
ditch or watcr, righting an ovcrturncd
20.00
(4) Additional fcc for each hour or portion
thcrcof at thc 3ccnc in cxce33 of one hour
not caused by dclay on thc part of the
permit holder.
+5)
Total maximum towing fcc including thc use
of dollic3 and additional labor but
excluding additional time at the ncenc
(b) Catcgory B Wrcckcrs.
(1) Normal consent or nonconocnt tow.
(2)
(3)
Additional labor such as, but not limited
to, winching for removal of a vehicle from
a ditch or watcr, righting an ovcrturncd
15.00
85.00
$ 75.00
circumstances. 50.00
Additional fee for each hour or portion
thcrcof at thc scene in excc33 of one hour
not cauncd by dclay on thc part of the
permit holdcr.
(4) Total maximum towing fcc including thc U30
of dollics and additional labor but cxclud
ing additional timc at thc scent.
(c) Storage fcca: per day.
leas according to manufacturer's rating
(including but not ncccooarily limitcd to
pasocngcr cars, vans, and pickup trucks up
to and including one ton).
AG5000.440.ajr
50.00
125.00
5.00
29
(2) Vchicico with rated capacity in exec°o of
one ton according to manufacturer'° rating. 8.0O
ouch ocrviccs under thc provision° of this article. The forma to
be attached to the customer invoice shall be provided by thc city.
revocation of thc auto wrecker permit. Invoice° ocnt to thc city
appropriateness of charge°, and will retain final approval
ocction 53-60 of the Codc of Ordinance°, City of Corpus Christi.
Sec. 57-255. Notification to permit holders of pending changes
to permit regulations.
Holders of 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 2. 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.
SECTION 3. Publication shall be made in the official
publication of the City of Corpus Christi as required by the City
Charter of the City of Corpus Christi.
AG5000.440.ajr
That the foregoing ordinance was read for the first time and passed
to its second reading on this the 1 day of..)‘--k_C (Wwr
19 61?) , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
O�L
That the foregoing ordinance wa
pa ggd finally on this the
19 j, by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria h-1. /
P ED AND APPROVED, this the 2,(19,/
Edward A. Martin aM,v
Dr. David McNichols
David Noyola CC
Clif Moss
read for
e and
e second
day of%
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD/ 46391
PO/
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is Business Office Secretary of the Cornus
Christi Caller -Times, a daily newspaper published at Corvus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021834 AMENDING THE CODE OF
ORDINANCE. CHAPTER 57. VEHICLES FOR HIRE. ARTICLE V. AUTO which
the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 27th day(s) of December, 1993.
One Time(s)
844.80
Business Office Secretary
Subscribed and sworn to before me this 10th day
of January, 1993.
J
Notary Public, Nueces County, Texas
\1`1111111111/
H A R4
" '%
O. o c,
Corpus Christi Caller-Time Monday, Dsoember27 1903415
A S OF
ORDINANCE, CHAPTER- 57,
VEHICLES FOR HIRE, ARTI-
CLE V, AUTO WRECKERS,
SECTION 57-220 THROUGH
SECTION 57-255, INCREAS-
ING FEES, DEFINING TERMS,
AMENDING APPLICATION
FORM, ADDING A RENEWAL
APPLICATION, REQUIRING
TEXAS TOW TRUCK PLATE
f ADDING
R IN USEOF REQUIREMENT: CLOSE?
' WRECKER, ADDING PERMIT
HOLDER REQUIRE.
MENTS;PROVIDING FOF
SEVERANCE, AND PROVID-
tL ING FOR PUBLICATION.
o- The ordinance was passed
4e, and approved by the City
Council of the City of
i . Corpus Christi on the 21st
day of December, 1993.
iIUS /s/ Armando Chapa
ACity of aims Christi