O-80-747 - 6/12/1980ORDINANCE NO. '74 1
AN ORDINANCE AMENDING CHAPTER 4, CODE OF ORDI-
NANCES OF THE CITY OF ROUND ROCK, TEXAS, BY
ADDING A NEW SECTION 4 REGULATING WRECKERS; DE-
FINING CERTAIN TERMS; PROHIBITING CERTAIN ACTS;
REQUIRING PERMITS AND CERTIFICATION OF WRECKERS;
ESTABLISHING A ROTATION LIST; PROVIDING MAXIMUM
FEES; PROVIDING FOR ADMINISTRATIVE DISPOSITION OF
VIOLATIONS AND FOR APPEALS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
Chapter 4 of the Code of Ordinances, City of Round Rock,
Texas, is hereby amended by adding a Section, to be numbered
Section 4, which said Section shall read as follows:
Section 4: WRECKERS
A. Definitions
1. Certificate. Authorization granted by the Chief of
Police, under the provisions of this article, to
use a designated vehicle as a wrecker.
2. Chief of Police. 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 article.
3. Motor vehicle. Any vehicle which is self-pro-
pelled; this does not include motor -assisted bicy-
cles as defined by the laws of the State of Texas.
4. Owner. Any person who holds the legal title to a
motor vehicle, or has the legal right of posses-
sion thereof. This does not include any person who
has gained possession of a motor vehicle only as a
result of wrecker services performed.
5. Permit. Authorization granted by the Chief of Po-
lice under the provisions of this article to en-
gage in the wrecker business in the City of Round
Rock.
6. Permit holder. Any person possessing a current,
valid permit to engage in the wrecker business in
the City of Round Rock.
7. Person. An individual, a corporation, a partner-
ship, joint venture, or association.
8. Vehicle. 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 de-
vices moved only by human power, or used exclusive-
ly on stationary rails or tracks.
9. Wrecker. Any motor vehicle used for the purpose of
towing or removing vehicles.
10. Wrecker business. 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 expecta-
tion 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 article.
11. Wrecker company. Any person engaged in the wreck-
er business.
12. Wrecker rotation list. List prepared in accord-
ance with the provisions of this article, of wreck-
er companies which have requested and qualified to
appear thereon, and which maintain certified wreck-
ers of a capacity required to be on said list.
B. 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
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of this section shall not be applicable when such
actions are necessary to prevent death or bodily
injury to any person involved in a collision. This
section shall apply to collisions occurring on
Interstate Highway 35 within the City which are
investigated by the Texas Department of Public
Safety.
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 per-
mit therefor.
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 Sec-
t ion 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 inter-
fere with traffic, or in the event a stolen vehi-
cle 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 in-
clude but not limited to, use of a wrecker se-
lected by the owner, or failing that, selected by
the use of the collision wrecker rotation lists or
the pound haul rotation 1 i st .
C. Permit To Operate Wrecker Business
1. An applicant for a permit shall submit, on a form
provided by the Chief of Police, a verified appli-
cation containing or accompanied by the following:
3
a) The true name, the trade name, address, and tele-
phone numbers of the wrecker company
b) The number of wreckers proposed to be operated
c) The true owners of the wrecker company, if the
wrecker company is other than a corporation
d) The true owners of the wreckers proposed to be
used, if other than the true owners of the wreck-
er company
e) A certificate from the city tax assessor -collec-
tor 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
d) 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 days' prior notice of cancellation of
said insurance shall be given to the Chief of
Police of the City of Round Rock, by the insur-
ance 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 cover-
age shall comply with the following minimum lim-
its:
1) For damages arising out of bodily injury to, or
death of one person in any one collision
$50,000.00
2) For damages arising out of bodily injury to, or
death of two or more persons in any one colli-
sion - $100,000.00
3) For damage to, or destruction of property in any
one collision - $25,000.00
D. 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 inspection fee
of twenty-five dollars ($25.00) per vehicle, re-
newable on the first day of January of each year;
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; and
f) Each vehicle must be inspected by the Chief of
Police or his designated representative.
2. In order to receive certification, each wrecker
shall meet the following minimum requirements:
a) Shall have a capacity of not less than three-quar-
ter (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 sin-
gle 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 "J"
hooks and chains,
ii) safety chain,
iii) fire extinguisher,
iv) dust pan,
v) wrecker bar,
vi) broom,
vii) ax,
viii) dolly,
ix) flares,
x) ropes for securing steering wheel, and
xi) overhead visibar or beacon type light visi-
ble from front and rear.
3. A certified wrecker shall be evidenced by a wind-
shield sticker or other device which the Chief of
Police determines will enhance enforcement of this
Section.
E. Permits and Certificates - Issuance and Expiration
1. The Chief of Police shall issue a permit to engage
in the wrecker business to all applicants comply-
ing with the provisions of this article, and shall
issue a certificate for all wreckers so complying
upon proper application being made therefor, un-
less legal grounds exist for denying such a permit
or certificate.
2. Each permit and certificate shall expire at mid-
night on December 31 of the calendar year of
issuance, and will be renewable only upon compli-
ance with the provisions of this Section and any
other applicable laws, ordinances or regulations
which shall be in effect at the time of the
renewal application.
F. Inspection of Wrecker Equipment and Storage Facili-
ties
Any permit holder, or applicant, by virtue of making
application therefor, agrees to permit during normal
business hours, the inspection of wreckers, wrecker
equipment and storage facilities. This authority
shall be cumulative of any other authority held by
the Chief of Police, other law enforcement officials,
or other legally authorized public officials.
G. Rotation List Established
The Chief of Police shall establish and maintain a
wrecker rotation list, and each permit holder who
meets the qualifications herein shall be entitled to
one (1) place on said list. Each person providing
wrecker or towing service and which is otherwise
qualified herein, shall be entitled to one (1) place
on the list. The names of the permit holders on the
list shall be listed in alphabetical order.
H. 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
wholly or partially within the incorporated lim-
its or extraterritorial jurisdiction of the City
of Round Rock,
2. It maintains at least one (1) certified wrecker,
3. It maintains twenty-four hour wrecker service and
a local telephone number which is answered twen-
ty-four hours a day.
4. It is able to respond to any location in the City
within fifteen (15) minutes of being notified by
telephone.
5. 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 im-
pounded within thirty (30) minutes of a request
by the owner or the Police Department.
I. 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 physical-
ly 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 ei-
ther the wrecker company, auto repair shop, automo-
bile dealer, or automobile club, which he desires
to remove the vehicle, which is able to do so
within fifteen (15) minutes of being called.
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 po-
lice 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 communi-
cate that fact immediately to the police communi-
cations 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 physi-
cally able; if not, the police officer shall so
indicate by a notation on the form.
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 colli-
sion.
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.
3. If the permit holder, after arrival at the scene
determines, in conjunction with the police officer
in charge, that assistance is needed, then the po-
lice officer shall communicate that fact immediate-
ly to the police communications center, which shall
proceed under paragraph 1. of this subsection.
4. Failure of any wrecker service selected under para-
graph 1. or paragraph 2. of this subsection to de-
liver a wrecker of the class required to the scene
within fifteen (15) minutes of notification without
justification acceptable to the police communica-
tions 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 communi-
cations center to have a vehicle towed from the
scene of a collision.
Collision haul $40.00
Use of dollies 15.00
Winching for removal of a vehicle from a
ditch, for righting an overturned vehicle
or for similar unusual circumstances 15.00
Use of additional wrecker due to particular
type of haul 35.00
Removal of waste debris generated by the
collision, not including the first hour,
per hour 25.00
Storage of towed vehicle, per day 3.00
(No charge if vehicle stored for less than 24 hours)
After seven (7) days per day 5.00
. Unlawful For Police To Influence Selection
It shall be unlawful for a police officer to directly
or indirectly recommend to any person the name of any
wrecker company, auto repair shop, automobile dealer,
or automobile club engaged in the wrecker business;
nor shall any such police officer influence or attempt
to influence in any manner the decision of any person
in choosing or selecting a wrecker company, auto re-
pair shop, automobile dealer, or automobile club.
K. Parking Of Wrecker At The Scene Of A Collision
Whenever an auto wrecker arrives at the place where a
motor vehicle has been disabled by an accident, the
wrecker driver shall park his wrecker as close to the
street curb as possible and otherwise dispose of it in
such a manner as not to interfere with traffic. He
shall not park his vehicle within a distance of fifty
(50) feet from a wrecked or disabled vehicle.
L. Wrecker Drivers To Obey Orders of Police Officer
All wrecker drivers arriving at the place where any
accident has occured shall obey all lawful orders
given them by any police officer of the city investi-
gating such accident and shall not in any manner
interfere with such officer in the performance of his
duty.
M. Duty To Remove Debris
It shall be the duty of the driver of each wrecker
that removes a wrecked, damaged or disabled vehicle
from the place where an accident or collision has
occured to clear and remove any and all debris, parts
or glass accumulated as a result of the accident or
collision from the street. In the event two (2) or
more wreckers pick up vehicles for towing, it shall be
the duty of each driver to clear and remove debris,
parts or glass from the street.
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N. Solicitation Prohibited
No permit holder or its employees shall solicit in any
manner, directly or indirectly, on the streets of the
City, for wrecker business involving any vehicle which
is wrecked on a public street. This prohibition ap-
plies regardless of whether the solicitation is for
the purpose of soliciting the business of towing,
removing repairing, wrecking, storing, trading, sel-
ling or purchasing such vehicle. Proof of the presence
of any person engaged in the wrecker business or of
the presence of any wrecker, whether or not certified
or identified under the provisions of this Ordinance,
except a wrecker called pursuant to the provisions of
this Ordinance, at or near the scene or situs of a
wreck or collision on any public street in the City
after the happening of a wreck and prior to removal of
all disabled or damaged vehicles shall be prima facie
evidence of a solicitation in violation of this Sec-
tion.
0. Administrative Disposition of Violations
In lieu of or in addition to any criminal prosecution
or civil remedy for the violation of any provision of
this article, the Chief of Police shall have, as to
the holders of any permit or certificate, or as to
any applicant therefor, the duty and authority to
enforce the provisions of this article by administra-
tive action in accordance with the principles and
procedures set forth hereinafter.
1. The proper and safe functioning of the wrecker
business has critical impact on the health, safe-
ty and welfare of the public, involves use of the
public streets of the City of Round Rock often in
circumstances necessitating prompt removal of dan-
gerous obstructions to traffic on said streets;
therefor the privilege of any person to engage in
the wrecker business in the City of Round Rock
shall be subject to strict regulation in order to
protect the public.
2. For purposes of invoking any administrative reme-
dy against a permit holder, the acts or omissions
of any agent or employee of said permit holder
shall be considered to be the acts or omissions
of said permit holder.
3. Administrative remedies which the Chief of Police
may employ to enforce the provisions of this
article include, but are not limited to:
a) Suspension or revocation of any certificate;
this power includes the authority to remove or
to cause to be removed any sticker or other
evidence of a certificate from any wrecker;
b) Removal of a permit holder from any collision
wrecker rotation list;
c) Suspension or revocation of any wrecker permit.
4. Grounds for suspension or revocation of a certifi-
cate
ertifi-
cate include, as to the wrecker for which the
certificate was issued, driving said wrecker to
the scene of collision in response to a call by
any person for a wrecker, or towing a vehicle
with said wrecker, when said wrecker:
a) Is in such condition that it cannot safely tow a
vehicle;
b) Is not then covered by insurance as required in
this Section; or
c) Does not then meet all requirements for certifi-
cation.
ertifi-
cation.
. Grounds for removal of a permit holder from the
rotation list include:
a) Failure to meet at all times the requirements
for a permit;
b) Failure to maintain at all times at least one
wrecker in such condition that it meets the
requirements for certification and for eligibil-
ity to be on the rotation list;
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c) Driving or causing to be driven to the scene of
a collision in response to a call made after
utilizing the wrecker rotation list any wrecker
which does not then meet the requirements of the
rotation list;
d) Driving any wrecker to or from the scene of a
collision in a manner which endangers any person;
e) When the police communications center calls a
particular permit holder pursuant to the wrecker
rotation list procedure to perform certain wreck-
er service at a particular location, if a wreck-
er belonging to a permit holder not requested by
the police communications center to perform such
service is driven to said location, the permit
holder owning that wrecker shall be subject to
removal from the collision wrecker rotation list
for a period of at least thirty (30) days;
f) Collecting or charging any fees or charges in
excess of those set out in this article;
g) Violation of the zoning ordinance or fire protec-
tion ordinance, as determined by the director of
building inspection department, or the fire mar-
shal, respectively, upon written communication
to the Chief of Police of said determination.
6. For justifiable reasons, if any permit holder on
the collision wrecker rotation list is unable to
answer within the proper time when called by the
police communications center, the permit holder
forfeits that call but is not subject to having
his permits or certificates suspended or revoked
for that reason.
7. Grounds for suspension or revocation of a permit
includes any conduct
in the wrecker
business
which endangers the life or safety of any person;
repeated violations of the provisions of this
article, violation of the zoning ordinance or
fire prevention code for one week after notice of
said violation has been given to said wrecker
business by the director of building inspection
department or the fire marshal, respectively,
failure to maintain in effect any insurance re-
quired by this article, and fraud or theft in the
conduct of the wrecker business.
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P. Appeals
1. Suspension or revocation of any certificate may
be accomplished by the Chief of Police. The rea-
sons for suspension or revocation of any certifi-
cate shall be given in writing to the permit
holder whose certificate is being suspended or
revoked within ten (10) days of such suspension
or revocation. Mailing of such notice to the last
known business address of said permit holder
shall constitute sufficient notice. Appeals from
a suspension or revocation by the Chief of Police
shall be made in writing to the city manager
within twenty (20) days of such suspension or
revocation. A hearing or personal appearance
shall be at the discretion of the city manager.
Written notice of the ruling of the city manager
shall be given to the permit holder within thirty
(30) days of the suspension or revocation by the
Chief of Police.
2. Suspension or revocation of any wrecker permit
may be accomplished by the Chief of Police after
a hearing before the Chief of Police. Notice of
hearing, the administrative action which may be
taken, and the grounds therefor, shall be given
to the permit holder ten (10) days prior to the
hearing. Mailing of said notice to the last known
business address of said permit holder shall con-
stitute sufficient notice. Suspension or revoca-
tion of a permit shall be accomplished by a
notice in writing to the permit holder which
states that the suspension or revocation has oc-
curred. Such notice shall be given within ten
(10) days of such suspension or revocation. Ap-
peals from an adverse ruling by the Chief of
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Police shall be made in writing to the city
manager within twenty (20) days of such suspen-
sion or revocation, and such appeals shall be
determined by the city manager after a hearing of
which the permit holder has had reasonable no-
tice. Written notice of the ruling by the city
manager shall be given to the permittee within
thirty (30) days of the suspension or revocation
by the Chief of Police.
3. If after any certificate has been suspended or
revoked, the condition for which it was suspended
or revoked has been corrected, and proof of such
correction is made to the Chief of Police, then a
new certificate shall be issued upon proper appli-
cation, fee payment, and proof of meeting all
requirements therefor.
4. If after removal of a permit holder from a colli-
sion wrecker rotation list, application for rein-
statement on said list has been made, said permit
holder shall be reinstated after three (3) days
removal if the condition for which the removal
was accomplished has been corrected, and if the
Chief of Police has determined that the permit
holder will properly perform thereafter; pro-
vided, that upon the second such removal within a
four-month period, no reinstatement shall be had
until at least seven (7) days after the removal,
and upon the third removal within a twelve-month
period, no reinstatement shall be had until four-
teen (14) days after the third removal. Repeated
violations shall be grounds for declining to rein-
state any company to the collision wrecker rota-
tion list.
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5. If a permit holder's permit is revoked, no permit
shall be given to that holder for a period of at
least six months from the date of revocation.
READ and APPROVED on first reading this the -day of
1/12/1. , 1980.
READ, APPROVED and ADOPTED on second reading this the /p� 7-i
day of , 1980.
Mike Robin)(
son, Mayor Pro -tem
City of Round Rock, Texas
ATTEST:
O,�NE LAND, i Secretary