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G-93-09-23-9C - 9/23/1993ORDINANCE NO. £ -q3- 0 9 - a 3 - 9 C AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.300, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING CERTAIN NEW DEFINITIONS, BY PROVIDING NEW INSURANCE PROVISIONS; BY PROVIDING FOR CLASSIFICATIONS OF PERMIT HOLDERS; BY PROVIDING FOR NEW PERMIT FEES; BY PROVIDING FOR CERTAIN RESPONSE TIMES; BY PROVIDING NEW RULES RELATING TO REMOVAL OF CARS FROM PRIVATE PROPERTY, BY PROVIDING NEW RULES RELATING TO THE REPOSSESSION OF VEHICLES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That Chapter 4, Section 4.301, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended to read as follows: 4.301 DEFINITIONS (1) Certificate shall mean authorization granted by the chief of police, under the provisions of this section, to use a designated vehicle as a wrecker. (2) Chief of Police shall mean the chief of police for the City of Round Rock or the person designated by him to act in his stead for the purposes of this section. (3) Dead Haul shall mean the towing of a vehicle to a location with the consent of the vehicle owner or his agent. (4) Manufacturer's Certificate shall mean a plate permanently affixed to either a truck, wrecker equipment or tow sling by the manufacturer of the equipment which states the vehicle's or equipment's gross poundage capacity. KS/ORDINANC/ORWRECK3 082693 (5) Motor vehicle shall mean any vehicle which is self- propelled. This does not include motor assisted bicycles as defined by the laws of the State of Texas. (6) Owner shall mean any person who holds the legal title to a motor vehicle, or has the legal right of possession thereof. This does not include any person who has gained possession of a motor vehicle only as a result of wrecker services performed. Permit shall mean authorization granted by the chief of police under the provisions of this section to engage in the wrecker business in the City of Round Rock. (7) (8) Permit holder shall mean any person possessing a current, valid permit to engage in the wrecker business in the City of Round Rock. (9) Person shall mean an individual, a corporation, a partnership, joint venture, or association. (10) Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including, but not limited to, motor vehicles, but not including, but not limited to, motor vehicles, but not including devices moved only by human power, or used exclusively on stationary rails or tracks. (11) Wrecker shall mean any motor vehicle used for the purpose of towing or removing vehicles. (12) Wrecker business shall mean the business of towing vehicles not belonging to the towing wrecker company on a public street within the incorporated limits of Round Rock for compensation, or with the expectation of compensation including, but not limited to, compensation for towing, storage, and repair. It does not include towing a vehicle to a point outside the city when the owner of the vehicle requests that it be towed to a point outside the city, except as otherwise provided in this section. (13) Wrecker company shall mean any person engaged in the wrecker business. (14) Wrecker rotation list shall mean the list prepared in accordance with the provisions of this section, of wrecker companies which have requested and qualified to appear thereon, and which maintain certified wreckers of a capacity required to be on said list. 2. II. That Chapter 4, Section 4.302, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended to read as follows: 4.302 PROHIBITIONS (1) It shall be unlawful for any person to drive, or cause to be driven, a wrecker to or near the scene of a collision on a street within the city unless such person has been called to the scene by the Police Department or by a party involved in the collision; provided, however, that the prohibition of this subsection shall not be applicable when such actions are necessary to prevent death or bodily injury to any person involved in a collision. (2) It shall be unlawful for any person to engage in the wrecker business in the City of Round Rock unless such person possesses a current, valid permit therefor. The Police Department shall be authorized to summon wreckers without permits in emergency situations. (3) It shall be unlawful to drive or cause to be driven, in the wrecker business as a wrecker, any vehicle for which no certificate has been issued. (4) Notwithstanding any other provision of this subsection in any circumstance in which a vehicle or other object is so located on a public street as to constitute a hazard or obstacle, or to interfere with traffic, or in the event a stolen vehicle is found or in any other circumstance in which a police officer in the course of his duty directs the removal of a vehicle from or to any location, any police officer may require its removal at the owner's expense, by any practicable means, to include but not limited to, use of a wrecker selected by the owner, or failing that, selected by the use of the collision wrecker rotation lists or the impound haul rotation list. 3. That Chapter 4, Section 4.303, Code of Ordinances (1990 Edition) follows: 4.303 City of Round Rock, Texas is hereby amended to read as PERMIT TO OPERATE WRECKER BUSINESS An applicant for a permit shall submit, on a form provided by the chief of police, a verified application containing or accompanied by the following: The true name, the trade name, address, and telephone numbers of the wrecker company. The number of wreckers proposed to be operated. The true owners of the wrecker company, if the wrecker company is other than a corporation. The true owners of the wreckers proposed to be used, if other than the true owners of the wrecker company. A certificate from the city tax assessor -collector that all City of Round Rock taxes on all properties, real and personal, to be used in connection with the applicant's wrecker business are current. (6) A certificate of public liability and property damage insurance issued by a casualty company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance, containing a provision that at least ten (10) days' prior notice of cancellation of said insurance shall be given to the chief of police of the City of Round Rock, by the insurance company, and with the insured provision of such policy including the City of Round Rock as an additional insured and the coverage provision insuring members of the public from any loss or damage that may arise to any person or property by reason of the operation of a permit holder's business and providing that the amount of coverage shall comply with the following minimum limits: For damages arising out of bodily injury to, or death of one (1) person in any one (1) collision, $50,000.00. For damages arising out of bodily injury to, or death of two (2) or more persons in any one (1) collision, $100,000.00. 4. (7) (c) For damage to, or destruction of property in any one (1) collision, $25,000.00 A certificate of cargo insurance to cover damage to a towed vehicle during hookup and/or towing in the minimum amount of ten thousand dollars ($10,000.00), or a surety bond in the minimum amount of ten thousand dollars ($10,000.00), said bond to be available for the satisfaction of any valid final judgment against the towing company/wrecker business, either for property damage to a vehicle or for actual medical expenses for personal injury to an individual, caused by such towing company/wrecker business in the course of performing any operation under the provisions of this article. Said bond shall be secured by one corporate surety, or by one or more personal sureties having a total of at least twenty thousand dollars ($20,000.00) in property within the state which is not exempted from execution by any provision of law. Such personal sureties shall make affidavit in the form set forth in Article 17.13, Texas Code of Criminal Procedure. If the Chief of Police is not satisfied with the sufficiency of the security offered, further evidence shall be required before approval of the bonds. Refusal by the Chief of Police to approve a bond may be appealed to the City Council within ten days from the decision to not approve the bond. The decision of the City Council regarding such bond approval shall be final. IV. That Chapter 4, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended by adding a new Section 4.303.1, which shall read as follows: 4.303.1 CLASSIFICATION OF PERMIT HOLDERS There shall be three (3) classes of permits to engage in the towing company/wrecker business as follows: (1) Class I, ("private and commercial dead hauling"), which shall entitle the holder to tow vehicles only at the request of any owner or the authorized representative thereof. All individuals engaged in the business of repossessing automobiles shall be required to obtain a Class I permit. (2) Class II, ("All Services"), which shall entitle the permit holder to tow a vehicle away from the scene of a collision upon the request of a vehicle owner or a police officer and to be listed on the appropriate police department collision wrecker rotation list, or to remove a vehicle from private property at request of the owner of the private 5. (3) property. A Class II permit holder shall be allowed to perform all services that a Class I permit holder may perform. Class III, which shall be not be less than 22 tons in size and shall have a factory -rated lifting capacity of not less than 10,000 pounds, single or double line capacity. Class III permit holder shall be allowed to perform all services that a Class I and II permit may perform. V. That Chapter 4, Section 4.304, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended to read as follows: 4.304 CERTIFICATION OF WRECKERS (1) In order for a specified vehicle to be certified as a wrecker, the following requirements must be met: (a) A request for certification must be submitted to the chief of police on a form provided by the chief of police. (b) Payment of a nonrefundable annual permit and inspection fee, renewable on the first day of January of each year as follows: Class I - $35.00 Class II - $45.00 Class III - $60.00 (c) A copy of the manufacturer's certificate must be submitted. (d) A certificate of insurance indicating that each vehicle to be certified is insured as per the requirements herein. (e) Certificate from tax office must be submitted indicating there are no delinquent city taxes owed on the vehicle. (f) (g) Each vehicle must be inspected by the thief of police or his designated representative. Class II and III permit holders must present a copy of a vehicle storage facility license issued by the Texas Department of Labor and Standards. 6. (2) In order to receive certification, each wrecker shall meet the following minimum requirements: (a) Shall have a capacity of not less than three- quarter (3/4) ton. (b) Shall display in a permanent manner the name of the permit holder on both sides of each certified wrecker. (c) Shall be in a condition such that it can be safely and reliably used as a wrecker. (d) Shall be equipped with a power -operated (either electric or hydraulic) winch, winch line and boom, with a rated or tested lifting capacity of not less than eight thousand (8,000) pounds single line capacity. 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 or his designated representative. (e) Shall carry at all times the following standard equipment: (i) slings and/or tow bars along with hooks and chains nJn (ii) safety chain (iii) 10 lb. fire extinguisher (iv) shovel (v) wrecker bar (vi) broom (vii) ax (viii) dolly (ix) flares (x) ropes for securing steering wheel (xi) overhead visibar or beacon type light visible from front and rear (xii) tow lights A certified wrecker shall be evidenced by a back windshield sticker or other device which the chief of police determines will enhance enforcement of this 7. section. VI. That Chapter 4, Section 4.308, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended to read as follows: 4.308 ROTATION LIST QUALIFICATIONS A permit holder is entitled to be on the rotation list if: (1) it owns, leases, or otherwise lawfully possesses and operates a garage or storage facility located within the incorporated limits of the City of Round Rock; (2) it maintains at least one (1) certified wrecker; (3) it maintains twenty-four (24) hour wrecker service and a local telephone number which is answered twenty-four (24) hours a day; (4) Class I and II permit holders are able to respond to any location in the City within twenty (20) minutes of being notified by telephone. Class III permit holders must be able to respond within forty-five (45) minutes. it maintains a storage facility which is enclosed by a permanent six (6) foot solid wood or steel chain link fence, the gate to which is locked at all times; and, (6) it has someone available at all times during normal business hours to release any vehicle impounded within thirty (30) minutes of a request by the owner or the Police Department. it holds a permit issued by the Texas Department of Labor and Standards, pursuant to the Motor Vehicle Facility Storage Act, Article 6687-9a, Revised Civil Statutes. (5) (7) VII. That Chapter 4, Section 4.309, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended to read as follows: 8. 4.309 PROCEDURES FOR NOTIFYING WRECKER SERVICES (1) When the police officer investigating a collision determines that any vehicle involved in a collision is unable to safely proceed under its own power, or when the police officer determines that the driver of any vehicle involved in a collision is physically unable to safely move the vehicle to a location where it will not create a traffic hazard, such officer shall request the driver to designate either the wrecker company, auto repair shop, automobile dealer, or automobile club which he desires to remove the vehicle, which is able to do so within twenty (20) minutes of being called for Class I and II permit holders and within forty-five (45) minutes for Class III permit holders. (a) Such designation by the driver will be indicated in writing on a form provided by the chief of police and signed by the driver. (b) When the designation has been properly made, the police officer shall communicate the name of the designated wrecker company, auto repair shop, automobile dealer, or automobile club to the police communications center. (c) The police communications center shall cause the designated wrecker company, auto repair shop, automobile dealer, or automobile club to be called and directed to send to the scene of the collision a wrecker capable of removing the wrecked vehicle. (d) If the designated wrecker company, auto repair shop, automobile dealer, or automobile club does not have available a wrecker of the type required to move the vehicle, the driver will be requested to make another designation. (2) If the owner of a vehicle involved in a collision is physically unable to designate the wrecker company, auto repair shop, automobile dealer, or automobile club he desires to remove the vehicle, or fails or refuses to designate one, or has no preference, then the police officer shall communicate that fact immediately to the police communications center, and advise as to type of wrecker required. (a) Such designation by the driver will be indicated in writing on a form provided by the chief of police and signed by the driver if he is physically able; if not, the police officer shall so indicate by a notation on the form. 9. (3) (b) The police communications center shall call the permit holder next in line after the last permit holder so called, and request the permit holder to tow the vehicle from the scene of the collision. (c) On each succeeding communication of the inability or refusal of a permit holder to send a wrecker, the next permit holder on the list shall be called. After the last permit holder on said list has been called, the next such call shall go to the first permit holder on said list. If the permit holder, after arrival at the scene, determines in conjunction with the police officer in charge, that assistance is needed, then the police officer shall communicate that fact immediately to the police communications center, which shall proceed under paragraph (1) of this subsection. (4) Failure of any wrecker service selected under paragraph (1) or paragraph (2) of this subsection to deliver a wrecker of the class required to the scene within the time required under Section 4.309(1) without justification acceptable to the police communications center shall cause the wrecker service to forfeit that call. (5) The following maximum fees may be charged by permit holders under this section for the use of the class of wrecker designated. No additional charges may be made. These maximum fees shall also apply to hauls when the request is made through the police communications center to have a vehicle towed from the scene of a collision. Collision haul - $65.00 Impound haul - $65.00 Dollies - $25.00 Winching - $35.00/hr. Standby - $35.00/hr. (after first 30 min.) VIII. That Chapter 4, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended by adding a new Section 4.317, which shall read as follows: 4.317 REMOVAL OF MOTOR VEHICLES FROM PRIVATE PROPERTY A permit holder who removes a vehicle from private property under this section shall notify the Round Rock Police Department within 30 minutes of such removal. The information to be provided in such notification shall include: (a) The date, time and location of the removal. (b) The physical description and license or registration number of the vehicle. (c) The name of the permit holder which performed the removal. (d) The storage location of the vehicle. IX. That Chapter 4, Code of Ordinances (1990 Edition) City of Round Rock, Texas is hereby amended by adding a new Section 4.318, which shall read as follows: 4.318 REPOSSESSION OF VEHICLES A wrecker company towing for hire, in repossessing of vehicles must hold at least a Class I permit. (1) Must contact the Police Department such repossession. (2) Must present copy from Lien Holder repossession. prior to making requesting such (a) Name of owner of said vehicle. (b) Date, time and location of the removal. (c) The physical description and license or registration number of the vehicle. (d) The name of the permit holder which performed the removal. (e) The storage location of the vehicle. 11. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day , 1993. of Alternative 2. �] READ and APPROVED on first reading this the / day of �i 1993. READ, APPROVED and day of ATTEST: ADOPTED on 1993. second reading this the NE LAND, City Secretary CHARLES CULPEP• R"fMayor City of Round Ro , Texas 12. DATE: September 21, 1993 SUBJECT: City Council Meeting, September 23, 1993 ITEM: 9.C. Consider an ordinance amending the City's Wrecker Ordinance. (Second Reading) STAFF RESOURCE PERSON: Wes Wolff STAFF RECOMMENDATION: Approval There have been no changes since the first reading of the ordinance.