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ORD CC 07/20/76 - Wrecker businessCITY OF HUNTSVILLE, TEXAS ORDINANCE NUMBER AN ORDINANCE AMENDING CHAPTER 4A OF THE HUNTSVILLE CITY CODE OF 9 -8 -70 Part #1. Violations of Chapter . Any person, either by himself or agent, who shall do any act or thing prohibited by the terms of this ordinance, or in anywise violate the provisions thereof shall be fined not less than twenty five dollars ($25) nor more tan two hundred dollars ($200) it shall not be necessary for the complainant to allege or for proof to be made that the act was knowingly done nor shall it be necessary for the complainant to negative any exception contained in t is ordinance concerning any prohibited act but any such exception made here 'n may be urged as a defense by any person charged by such complainant. Part #2. Wrecker Business 1. Definitions: For the purpose of this article, the following terms shall have the meaning respectively ascribed to them in this section: Certificate - Authorization granted by the Chief of Police, under the provisions of this article: to use a designated vehicle as 4 wrecker. Chief of Police - The Chief of Police of the City of Huntsville, Texas or the person designated by him to act in his stead for the purpose of this article. Motor Vehicle - Any vehicle which is self - propelled; this does n t include motor- assisted bicycles as defined by the law of the Sta e of Texas. Owner. - Any person who holds the legal title to a motor vehicle, has the legal right of possession thereof. This does not includ person who has gained possession of a motor vehicle only as a re of wrecker services performed. or any ult Permit - Authorization granted by the Chief of Police under the pro- visions of this article to engage in the wrecker business in the City of Huntsville, Texas. Permit Holder - Any person possessing a current, valid permit to engage in the wrecker business in the City of Huntsville, Texas. Person - An individual, a corporation, a partnership, joint vent11re, or association. Vehicle - Any device, in, upon, or by which any person or property is or may be transported or drawn upon a public street or highway, in- cluding but not limited to motor vehicles, but not including devices moved only by human power, or used exclusively on stationary ralils or tracks. Vehicle Depository - The site to which a permit holder tows and stores motor vehicles. The site may consist of one lot or more, but all said lots must be contiguous. Wrecker - Any motor vehicle used for the purpose of towing or removing vehicles. Wrecker Business - The business of towing vehicles not belonging to the towing wrecker company on a public street within the incorpprated Limits of Huntsville, Texas 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 article. Wrecker Company - Any person engaged in the wrecker business. Wrecker Rotation Lists — Lists prepared in accordance with the pro- visions of this article, 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. Part #3. Wrecker Company - Permit Required (a) It shall be unlawful for any person to engage in the wrecker business in the City of Huntsville, Texas unless such person possesses a current, valid permit therefor. (b) It shall be unlawful to drive or to cause to be driven, in the wrecker business as a wrecker, any vehicle for which no certifi4ate has been issued. (c) Equipment other than a wrecker certified under this articl may be employed to remove from, or to transport on, the public right of way the following: (1) any vehicle, equipment, structure, or other object whi h is of such size, weight, or nature, that it is beyond he towing capacity of wreckers meeting the standards for lass A or Class B wreckers as set forth in this article, or its size or shape make it inpractical or unsafe to so trap rt. (2) any motorcycle, motor scooter, motor bike, motor assisted bicycle, or similar vehicle. (d) The provisions of subsection (a) and (b) of this section stall not apply to a wrecker tow which originated outside the incorpo ated limits. of the City of Huntsville, Texas. For purposes of this article, the point of origin is where the vehicle is picked up. (e) Notwithstanding any other provisions of this article, in any circumstance in which a vehicle or other objects is so located on a public street as to constitute a hazard or obstacle, or to inter- 2 fere with traffic, or in the event a stolen vehicle is found or in any other circumstances in which a police officer in the cau e of his duty directs the removal of a vehicle from or to any location, any police officer may require its removal at the own rs expense, by any practicable means, to include but not limited t use of a wrecker selected by the owner, or failing that, selecte by the use of the police wrecker rotation list. Part #4. Permits, Applicationa and Fees (a) There shall be two classes of permits to engage in the wrecker business: (1) Class A permit shall entitle the holder to operate a wrecker on the streets of Huntsville, Texas and to be placed on the Huntsville Police rotation list. (2) Class B permits shall entitle the holder to operate a wrecker on the streets of Huntsville, Texas. (b) The annual fee for each class of permit holder shall be as follows: Class A Permit $50 Class B Permit $25 The fee of any class of permit for which application is filed after June 30 shall be one half the' normal fee. (c) An application for a permit shall submit, on a form provided by the Chief of Police, a verified application containing or accompanied by the following: (1) The true name, -the trade name, address and telephone number of the wrecker company. (2) The number and types of wreckers proposed to be operated. (3) The true owner of the company, if the wrecker company its other than a corporation. (4) The true owner of the wreckers proposed to be used, if other than the true owners of the wrecker company. (5) A certificate from the city tax - assessor collector that all City of Huntsville 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 4- surance 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 10 days prior notice of cancellation of said insurance shall be given to the City Manager of the City of Huntsville, Texas by the insurance company, and with the insured provision of such police including the City of Huntsville 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 be reason of the operation of a permit holders business and providing that the amount of coverage shall com- ply with the limits set forth in this article: (d) No Class A permit shall be issued to any applicant unless the applicant's vehicle depository is wholly or partially lo- cated within the incorporated limits of the City of Huntsville, Texas. Provide further, that no permit holder shall thereafte ,.be granted a permit if he later moves his vehicle depository t a location which is further outside the incorporated limits of the City of Huntsville, Texas as they exist at the time of the adoption of this article. The vehicle depository shall- be. -oorr- straeted -of- fencing- mnterini- in -sneh- -, .— ..to.- prot -eet {{he. }ia.1es- si- gored -t4erei'n-wit-h-a-3ooked--gatcr comply with City Code of Ordinances, Article No. III, Salvage Operations. Generally, Section 1336 -134 $D. (e) The permit, when granted, shall be prominently displayed t the permit holders place of business. Part #5. Insurance (a) All Class B permit holders shall carry public liability a property damage insurance in the following minimum amount: For damage arising out of bodily injury to or death of one person in any one collision. $25,000 For damage arising out of injury to or death of two or more persons in any one collision $50,000 For damage to or destruction or property in any one one collision $10,000 (b) All Class A permit holders shall carry public liability property damage insurance in the following minimum amount: and For damage arising out of bodily injury to or death of one person in any one collision $SO79ee $25,000 For damage arising out of bodily injury or death of two.or more persons in any one collision..$ieareee $50,Opo For damage to or destruction of property in any one one collision $157000 $10,0 Part #6 Wrecker Certificates - Applications, Fee, Requirements (a) Any permit holder desiring that a specified vehicle be certified as a wrecker shall do the following: (1) Submit a request for certification on a form provided by the Chief of Police. (2) Pay a non - refundable fee of $5 per vehicle for which. 0 certification is sought. (3) Submit a copy of the manufacturers certificate for e vehicle for which certification is sought. ch (4) Submit a certificate or certificates that each proposed vehicle is insured as per the appropriate requirements of Part #5 of this article. (5) Submit a certificate, or verify in writing, that no City of Huntsville taxes are presently due on any vehicle■for which certification is sought. (6) Submit each vehicle for inspection by the Chief of Pc$lice. (b) A vehicle shall be certified as either a Class A or a Class 8 wrecker. (c) Class A wreckers shall meet the following requirements: (1) Shall not be less than three - fourths (3/4) ton "('mininium 5 9srsm4e gross vehicle weight) in capacity as reflected on the manufacturers certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the Chief of Police. All such vehicles shall be equipped with booster brakes. (2) Shall be in such condition that it can safely and reliably be used as a wrecker. (3) Shall be equipped with a power- operated winch, winch line and boom with a rated or tested lifting capacity of not less than ;six thousand (6,000) pounds single line capacity. If'the unit does not have an established ' factory-rated lifting capacity, then such capacity sh$11 be determined by a testing procedure approved by the Chief of Police. (4) Shall carry as standard equipment at least one of each of the following: tow bar, safety chain, fire extinguisher, dust pan, wrecker bar, broom, axe and a dolly. (d) Class 8 wreckers shall meet the following requirements: (1) Shall not be less than one half (1/4) ton gross vehicle weight in capacity, as reflected an the manufacturers certificate, then the gross vehicle weight shall be d termined by a testing procedure approved by the Chief Police. (2) Shall be in such condition that it can safely and . reliably be used as a wrecker. (3) Shall be equipped with a power- operated winch, winch line and boom, with a rated or tested lifting capacity of not less than 4,000 pounds(4,000) single line capacity. Xi the unit does not have an established factory -rated lifting capacity, then such capacity shall be determ by a testing procedure approved by the Chief of Poli ned e. (4) Shall carry as standard equipment at least one of ea h of the following: tow bar, safety chain, fire extin fisher, wrecker bar and axe. (e) Each wrecker whether certified as Class A or Class B shah have the name of the permit holder, as shown on its permit, on each side of the wrecker. The name shall appear in letters at least thr (3) inches high which are permanently affixed and legible and On a bontrasting background. (f) A certificate may be evidenced by a windshield sticker, on other device which the Chief of Police finds will enhance enforce- ment of this article. Part #7. Permits and Certificates - Insurance and Expiration (a) The Chief of Police shall issue a permit to engage in the wrecker business to all applicants complying with the provision of this article.and shall issue a certificate for all wreckers so complying upon proper application being made therefor, unless 1 gal grounds exist for denying such a permit or certificate. (b) Each permit and certificate shall expire at midnight on December 31 of the calendar year of issuance and will be renewa only upon compliance with the,provisions of this article and an applicable laws, ordinances or regulations which shall be in of at the time of the renewal application. le other ect (c) The Chief of Police shall specify on the certificate for each wrecker if it -is a Class A "or a Class .B wrecker. Part #8. Inspection of Wrecker Equipment and Storage Facilities Used in the Wrecker Business (1) Any permit holder, or applicant, by virtue of making application therefore 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 i legally authorized public officials. Part #9. Police Wrecker Rotation List (a) The Huntsville Police Division shall establish and maintain Class A wrecker rotation list. (b) The list shall contain the names, in alphabetical order, of all Class A permit holders qualified to be on such list. (c) A permit holder is qualified to be on such list if: (1) he maintains at least one certified wrecker of the the class required to be on such list and: (2) he maintains 24 hour wrecker service and has no more than two (2) telephone numbers, which numbers are ans ered 24 hours a day, seven days a week. The use of an ans er- ing service shall be permitted, provided, that if suc a service is used the failure of a permit holder to communicate with the police communications center wit in five (5) minutes following a call requesting a dispat h of a certified wrecker, confirming that the permit ho der shall immediately dispatch the class of certified wre kers requested to the desired location, will result in a f rfeiture by that permit holder of that call. (d) When the police officer investigating a collision determin s that a vehicle involved in a collision is unable to safely proceed der its own power, or when the police officer determines that the drive of any vehicle involved in a collision is physically unable to safely ove the vehicle to a location where it will not create a traffic ha ard, such officer shall request the driver to designate either the ecker company, auto shop, automobile dealer, or automobile club, which he desires to move the vehicle. (1) such designation by the driver will be indicated in writing on a form provided by the Chief of Police and signed by the driver. (2) 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. (3) 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 certified Class A wrecker. (4) if the designated wrecker company, auto repair shop, automobile dealer, or automobile club is not a Class permit holder, and does not have available a certifi wrecker of the required class, the driver will be re ested to make another designation. (e) If the owner of a vehicle involved in a collision is physically unable to designate the wrecker company, auto repair shop, auto 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. (1) 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 indicate by notation on the form. (2) 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. (3) on each succeeding communication of the inability or refusal of a permit holder to designate a wrecker, th next permit holder on the list shall be called. The ext such call shall go to the next permit holder on said list. (f) If the permit holder after arrival at the scene determines in conjuction with the police officer in charge, that assistance i needed then the police officer shall communicate that fact imm lately to the police communication center, which shall proceed to call the ne$t permit holder on said police rotation list. (g) Failure of any permit holder selected under paragraph (d) paragraph (e) of this section to deliver a wrecker of the class required to the scene within twenty (20)minutes of notification without. justification acceptable to the police communications center shall cause the permit holder to forfeit that call. If election of the‘permit holder occured under paragraph (d) then the polio communications center shall proceed as it would under paragraphs (e) (2).:of this section, so ratifying the requesting police officer who shall so indicate on the form'provided by the Chief of Police. I (h) The following maximum fees may be charged by permit holders under this section for the use of the class of wrecker designated and o additional charges may be made. These maximum -fees shall also a ply to Class B hauls when the request is made through police communigations center to have a vehicle towed from the.scene of a collision. (1) Class A collision hauls $25 * use of dollies $10 winching for a vehicle from a ditch for righting on over turned vehicle or for similar unusual circumstances $10 removal of waste debris generated by the collision not including the first hour $10 per hour storage of tow vehicles $2.00 per day (no charge is vehicle stored for less than 24 hours) Part *10. Police Officers Not to Influence Selection of Wrecker Service It shall be unlawful for a police officer investigating or prese t at the scene of any wreck or collision to directly or indirectly rec nunend to any.persoh the name of any wrecker company, auto repair shop, uto- mobile:dealer or automobile club engaged in the wrecker business; nor shall any such police officer influence or attempt to influence in any banner the decision of any person in choosing or selecting a wrecker company, auto repair shop, automobile dealer, or automobile club. Part #11. Driving Wreckers to Scene of Collision Prohibited Exceptions: No person shall drive, or cause to be driven, a w -cker to or near the scene of a collision on a street in the City of iunts- vi11e,.Texas unless such person has been called to the scene b the Huntsville Police Division or by a party involved in the collision, provided, that when it is necessary to prevent death or bodily 'njury to any person involved in a collision the prohibition of this a tion shall be inapplicable provided, that if a permit holder is call-d to the scene by a party involved in the collision, indication of this act shall be made on a form provided by the Chief of Police and sig ed by the party so called. Part 512. Soliciting Wrecker Business on City Streets Prohibited - Presence at Scenes of Collision as Prima Facie Evidence of Violation No permit holder or his employee shall solicit in any manner, d rectly or indirectly, on the streets of the city, wrecker business inv lying any vehicle which is wrecked on a public street. This prohibit on applies regardless of whether the solicitation is for the purpo e of soliciting the business of towing, removing, repairing, wreckin , storing, trading, selling 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 kinder the provisions of this article, except a wrecker called pursuant to the collision on any public street in the city after the happening Of a wreck and prior to removal of all disabled or damaged vehicles he prima facie evidence of a solicitation in violation of this section. Part *13. Communications From Huntsville Police Department Radio Station to be•Intercepted Not No person for purpose of. facilitating any violation of this article or any other ordinance or stat(rte, shall intercept any message ema acing through the medium of the Huntsville Police Division frequencie KXD 225, KXD ,2 85 and Kim 525 or any frequencies or call letters hat may be` assigned the Huntsville Police Division in the future, noZ shall any person for purposes of facilitating any violation of this article or any other ordinance or statute divulge or publish the existence, contents, substance, purpose, effect or meaning of inter - cepted police communication. Part #14. Pound Hauls and Impounded Vehicles (a) The Huntsville Police Division shall utilize the police div sion collision wrecker.rot'ation list for pound calls or hauls resulti g from vehicles being towed by the police division. (b) Any police officer may, for lawful purpose, direct that any vehicles shall be taken to automobile impoundment facilities own d or used by the City of Huntsville, Texas, such facilities whethe at one or•more location are hereinafter referred to as the City Aut ©mobile Pound.` (c) Whenever it becomes necessary under this section for the permit holder to disassemble parts to a vehicle in order to tow such vehicle the permit holder shall reassemble such parts upon reaching the city pound. (d) The maximum fee which may be charged by a permit holder f r a pound haul shall be fifteen dollars ($15) unless special equi ent is needed, dollies, etc. (e) No permit holder under this section shall have the owner f a vehicle impounded sign a release from liability or damage unti the owner has inspected the vehicle. Any such release shall conta n a notation of such inspection, as well as a specific enumeration of the damage for which the permit holder is alleged to be liable by he owner of the vehicle. If there is any such enumeration of alleged d mages, then the release shall be a full release except as to the spec fically enumerated damages. The release shall be signed by the owner f the vehicle, and a representative of the permit holder. (f) A permit holder who removes a vehicle from private property under this section shall notify the city police division within one 1) hour of such.removal. The information to be provided in such notification shall include: (1) The date, time and location of the removal ' (2) The physical description and license or registration number of the vehicle. (3) The name of the permit holder which performs the remcjval, and (4) The storage location of the vehicle. (g) The maximum fee which may be charged by a permit holder fqr the impoundment of a vehicle from private property under this section is fifteen dollars ($15) and €he maximum fee for storage of said vehicle shall be two dollars ($2) per day, but no storage fee shall be charged if the vehicle is stored for less than 24 hours. i Part #15. Duties of Permit Holders (a) It shall,pe the obligation of all permit holders under this article to operate wrecker businesses so as to provide safe and prompt removal of wrecked or disabled vehicles from the public streets of the Ci y of Huntsville when properly called upon to do so in accordance wit4h the provisions of this article. (b) The duty to provide safe and prompt wrecker service upon all include but is not limited to the following specific duties: (1) upon receiving a call from the police communication center, whether by use of one of the wrecker rotation lists other • wise, the permit holder shall, in accordance with th pro - visions of this article, dispatch the requested clas of wrecker to the desired location, or if the permit hol er does not wish to respond to the call or if the requested class of wrecker is not then available for service, the permi holder shall immediately so inform the police communications center. (2) upon arrival at the scene of a collision within the in- corporated limits of the City of Huntsville, wrecker company personnel shall take directions from the police officer in- vestigating that collision. ►0 (3) wrecker company personnel of a permit holder which ha is any vehicle from the scene of a collision within the incorporated limits of the City of Huntsville shall r, ove the debris of the collision from the public streets, his duty specifically includes removal of broken glass an metal fragments from the street, and the removal of a load of any vehicle from the traveled portion of the .treet, so as to eliminate any hazard to vehicular traffic. is does not include the responsibility to unload cargo f om a wrecked vehicle in order to permit hauling. Such deb is should be disposed of in a manner which will keep it ut of gutters, storm sewers and streams, public rights f -way, and property not belonging to the wrecker company, wi hout consent of the property owner. The officer on the sc ne of the accident may provide assistance in locating a place for disposal of such debris. (4) any permit holder on the wrecker rotation list which does not have its own repair facilities must tow or have towed the damaged vehicle to a repair shop or to a place designated by the owner. If the towing services are to be performed when the repair shop or other designated place is not open 'if or business, no charge shall be made to store the vehicle and complete the tow at the earliest possible time to the desig- nated place. (5) no permit holder shall store any vehicle or wreckers oh the public streets, or right -of -way. Permit holders will hse reasonable care in the storage of property not belonging to . said permit holder, so as to minimize the risk of theft or damage. If any damaged or'inoperable vehicle is found' upon the public right =of -way with in a reasonable distance f an automobile repairhshop and police records show that sa d vehicle was taken to that'place within thirty (30) days as a r sult of a collision,'this shall be prima facie proof that the ehicle is illegally stored. (6) all permit holders shall comply with zoning, fire prevention, and other ordinances of the City of Huntsville. Failute to do so will subject a permit holder to administrative penalties as set out in this article, in addition to other civil ';remedies or penal provisions of the statutes or ordinances in question. Part #16. Identification of Wreckers and Vehicles (a) It shall be unlawful to operate or cause to be operated a w *ecker in wrecker business on a public street within the incorporated city limits of the City of Huntsville unless the certificate for said wrecker is prominently displayed on said wrecker as required by the Chief o4 Police. (b) It shall be unlawful to operate a wrecker business unless t holder complies with Part #6, (e) of this article. e permit (c) The provisions of this section shall not apply to a wrecker tow which originated outside the incorporated limits of the City of Hunts- ville. For purposes of this article, the point of origin is where the )1 vehicle is picked up. Part #17. Administrative Disposition of Violations In lieu of or in addition to any criminal prosecution or civil remedy for violation of any provisions of this article, the Chi of Police shall have, as to the holder of any permit or certifi or as to any applicant therefore, the duty and authority to enf the provisions of this article by administrative action in acco with the principles and procedures set forth herein after. f ate, rce dance (a) The proper and safe functioning of the wrecker business h4 critical impact on the health, safety and welfare of the public involving use of the public streets of the City of Huntsville, often in circumstances necessitating prompt removal of dangerou obstructions to traffic,on said streets; Therefore the privile e of any person to engage in the wrecker business in the City of Huntsville shall be subject to strict regulations in order to p o- tect the public. (b) For purposes of invoking any administrative remedy against a permit holder, the act or omission of any agent or employee of said permit holder shall be considered to be the acts or omission of said permit holder. (c) Administrative remedies which the Chief of Police may empicfy to enforce the provisions of this article include, but are not limited to: (1) suspension or revocation of ary% certificate; this power includes the authority to remove or cause to be removed any sticker or other evidence of a certificate from arty wrecker. , • (2) removal of a' permit holder from the police rotation lilst. (3) suspension or revocation of any wrecker permit. (d) Grounds for suspension or revocation of a certificate include, as to the wrecker for which the certificate was issued, driving said wrecker to the scene of a collision in response to a call by any person for a wrecker, or towing a vehicle with said wrecker, when said wrecker: (1) is in such condition that it cannot safely tow a vehic e (2) is not then covered by insurance as required in this article; or (3) does not then meet all requirements for certification (e) Grounds for removal of a permit holder from the police wrecker rotation list include: (1) failure to meet at all times the requirements for a permit (2) failure to maintain at all times at least one wrecker such condition that it meets the requirements for cer fication and for eligibility to be on the police rota list. in i- ion (3) driving or causing to be driven to the scene of a col ision in response to a call made after utilizing a wrecker ist any wrecker which does not then meet the requirements of the police rotation list. (4) driving any wrecker to or from the scene of a collision in a manner which endangers any person (5) when the police communications center calls a particular permit holder pursuant to the wrecker rotation list pro- cedure to perform certain wrecker services at a particular location, if a wrecker belonging to a permit holder not requested by the police communication center to perform such services is driven to said location, the permit older, owning that wrecker shall be subject to removal from the collision wrecker rotation list and if the permit hol er which is called is shown to have called for any wrecker not its own or to have or cause any person to drive a wrecker of . its own to said location, then the said permit holder hich ..was called by the police communication center shall be subject . to removal from the police rotation list (6) collecting or charging any fee or charges in excess of those set out in this article (7) violations of the'.zoning ordinance or fire prevention r- dinance as determined by the director of Building Insp ction Division, or the Eire Marshall, respectively, upon wri ten communication to the Chief of Police of said determina ion (f) For justifiable reasons, if any permit holder on a collision wrecker rotation list is unable to answer within the proper time when called by the police communication center, the permit holder forfeits that call but is not subject to having his permit or certificate suspended or revoked for that reason. •(g) Grounds for suspension or revocation of a permit includes a y conduct in the wrecker business which endangers the life or safe y or any person. Repeated violations of the provisions of this ar icle, . violations of the zoning ordinance or fire prevention code for o e week after notice of said violation has been given to said wreck r business by the director of building inspection division of fire marshall, respectively, failure to maintain in effect any insura ce required by this article, and fraud or theft in the conduct of t is wrecker business. Part #18. Same Procedures; Appeals (a) Suspension or revocation of any certificate may be accomplished by the Chief of Police. The reason for suspension or revocation of any certificate 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 addresses of said permit holders sha constitute sufficient notice. Appeals from a suspension or rev by the Chief of Police shall be made in writing to the City Man within twenty (20) days of such suspension or revocation. A he or personal appearance shall be at the discretion of the City Written notice of the ruling of the City Manager shall be given the permit holder within thirty (30) days of the suspension of vocation by the Chief of Police. cation ger ring nager. to e- (b)' Suspension or revocation of any wrecker permit may be accom- plished 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 ho er ten (10) days prior to the hearing. Mailing of said notice to t e last known business address of said permit holder shall constitu e sufficient notice. Suspension or revocation of a permit holder hall be accomplished by a notice in writing to the permit holder whic states that the suspension or revocation has occurred. Such notice shaj1 be given within ten (10) days of such suspension or revocation. Appeals from an adverse ruling by the Chief of Police shall be made in iting to the City Manager within twenty (20) days of sush suspension o re- vocation and such appeals shall be determined by the City Manage after a hearing of which the permit holder has had reasonable notice. Written notice-of the ruling by the City Manager shall be given to the p rmitte within thirty (30) days of the suspension or revocation by the ief of Police. (c) If after any certificate has been suspended or revoked, the condition for which it was suspended or revoked has been correct , and proof of such correction is made to the Chief of Police, the a new Certificate may be'issued upon proper application, fee pay ment, and proof of meeting all requirements thereof. (d) If after removal of a permit holder from the wrecker rotati list," application for reinstatement on said list has been made, said permit holder may be reinstated after three (3) days removal if the conditions of which the removal was accomplished has been corrected and if the Chief of Police has determined that the perm t holder will properly perform thereafter: provided, that upon the second'such.removal within a four month period, no reinstatement hall be had until at least seven (7) days after the removal and upon t e third removal within a twelve (12) month period, no reinstatement shall be had until fourteen'(14) days after the third removal. Repeat violations -shall be grounds for deciding to reinstate any company to the police wrecker list. (e) 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 .f revocation. Part #19. All permits to engage in the wrecker business and those permits for each wrecker which are in existence at the time of the passage of article shall be valid through December 31, 1976 at which time they shall expire. The new permits and- eeFtifieates as provided for by this article shall be required beginning January 1, 3996: 19 7. Part #20. Where an emergency is apparent for the immediate preservation order, health, safety and general welfare of the public, which emergency requires the suspension of the rule providing for the reading of an ordinance on three separate days, and requires th this ordinance become effective immediately upon passage, there ore the rule requiring the reading on three separate days is hereby suspended and this ordinance shall become effective immediately passage as approved by the Charter of the City of Huntsville. upon ADOPTED BY THE HUNTSVILLE CITY COUNCIL ON THE 20TH DAY OF JULY, 1976 IN A REGULAR MEETING OF THE COUNCIL. haw City Secretary July 20, 1976