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0205ORDINANCE NO. ~ AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER COMPANIES OPERATING IN THE CITY OF SOUTHLAKE; ESTABLISHING QUALIFICATIONS FOR APPLYING FOR AN APPLICATION; ESTABLISHING THE MINIMUM EQUIPMENT REQUIRED; ESTABLISHING THE LIMITS OF INSURANCE; PROVIDING FOR THE STOR- AGE OF TOWED VEHICLES; PROVIDING FOR A ROTATION OF WRECKER SERVICE COMPANIES; PROHIBITING SOLI- CITING WRECKER SERVICE BUSINESS; AND SETTING FORTH REGISTRATION REQUIREMENTS FOR WRECKER DRIVERS; PROVIDING FOR A SEPARABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, deems it necessary and proper and in the best interest of the health, safety, morals and general welfare of the City of Southlake, Texas, that an ordinance be enacted in connection with wrecker service companies; Now, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 APPLICATION: Ail wrecker companies desiring to be called for wrecker service by the Southlake Police Department shall make application in writing to the Chief of Police and upon said application shall list the company's qualifications, schedule of charges and equipment for providing said services. SECTION 2 - APPROVED LIST: A. After application is made, an inspector appointed by the C~ty Council shall inspect the equipment of the company making the application and shall classify that equipment according to the standards and specifications as set out herein. The Chief of Po%Ice shall notify all applicants complying with the provisions of this Ordinance that their name has been placed on the approval list. Applicants not complying with the provisions of this Ordinance shall be notified in writing stating the reason for the rejection of the application. The inspector shall have the right to inspect the equipment of all companies providing wrecker service under the pro- visions of this Ordinance. Said inspection shall be made at any and all reasonable hours and places. The inspector, after inspec- tion, may authorize the removal of a company's name from the list for failure to operate and maintain its equipment in an efficient and good manner. B. During the month of September each year, the wrecker companies in the City that desire to have their name retained or placed on the list authorizing them to anwer requests for wrecker service by the Southlake Police Department shall make such request ~n writing to the Chief of Police. SECTION 3 -EQUIPMENT: Ail wrecker or towing equipment desiring to be called by the Southlake Police Department shall have the follow- ing minimum equipment: dolly, winch, line, boc~ter brakes, axe, spare chains, tow bar, blinker lights, emergency light, working light, broom, flares, wheel chocks, hydraulic jack, and fire extinguisher, in addition to the other standard equipment on wreckers. SECTION 4 - INSURANCE: Ail wrecker companies shall carry standard liability insurance in limits of not less than the following sums: A. For damage arising out of bodily injury or to death of one (1) person in any one accident, $10,000.00. B. For damage arising out of bodily injury to or death of two (2) or more persons in any one accident, $20,000.00. C. For injury to or destruction of property in any one accident, $5,000.00. D. All wrecker companies who have storage yards shall carry sufficient insurance to cover theft or vandalism from said yard. SECTION 5 - STORAGE OF TOWED VEHICLES: Ail yards and storage areas for damaged vehicles which are towed in by wrecker companies shall be fenced in order to provide protection for the vehicles in custody. The fence shall be the chain link type, or solid type, of height of not less than six (6) feet. The storage yard fence shall have en- try gates, which can be locked securely. SECTION 6 - ACCIDENTS: When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner thereof is physically unable to drive such vehicle, such officer shall first request the owner to designate the wrecker company he desires to pull his veh- icle. In the event the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate that fact immediately to Police Department headquarters. The Police Department shall maintain a wrecker rotation list in alphabetical order which shall contain the names and addresses of each wrecker service company that complies with the provisions of this Ordinance, in order that said company might be called upon for wrecker service by the Police Department. The police officer re- ceiving a call ~the Police Department headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the City. After the company at the top of the list receives a call, then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive the next call. In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call, then the company shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answering said call has not reached said location within a reason- able length of time, then the officer at the scene may proceed to call the next wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker company called fails to comply with the provisions of this Ordinance by proceeding to the designated place within the time specified above, then this wrecker company shall be removed from the top of the list and placed at the bottom of the list. This Section does not apply to any delay that is caused by an act of God. SECTION 7 - SOLICITING PROHIBITED: No person shall solicit in any manner, directly or indirectly, on the streets of the City of South- lake, the business of towing any vehicle which is wrecked or dis- abled on a public street regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, re- pairing, wrecking, storing, trading, or purchasing such vehicle. SECTION 8 - WRECKER DRIVERS: Ail drivers for said wrecker companies shall be required to register with the Southlake Police Department, and a driver's license report from the Department of Public Safety shall be requested. Any wrecker driver who arrives on the scene to make a wrecker pull, who has been drinking any alcoholic beverage shall be refused the pull, whereupon said wrecker service company shall be notified that their wrecker was refused the pull. SECTION 9 - SAVINGS CLAUSE: If any section, paragraph, subdivision clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the valid- ity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. ATTEST: City Secretary Mayor APPROVED: ' ~C~tlf Attor~fey