ORD CC 07/20/76 - Automobile WreckersORDINANCE NO.
76-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
CHAPTER 4A, ENTITLED AUTOMOBILE WRECKERS, OF THE CODE OF ORDINANCES OF T
OF HUNTSVILLE, TEXAS.
Be it ordained by the City Council of the City of Huntsville, Texas
Chapter 4A, entitled Automobile Wreckers, of the Code of Ordinances of t
Huntsville, Texas be amended as follows;
Part #1. 'Violations of Chapter
Any person, either by himself or agent, who shall do any act or thi
bited by the terms of this ordinance, or in anywise violate the provisio
shall be fined not less than twenty five dollars ($25) nor more than two
dollars ($200) it shall not be necessary for the complainant to allege or
to be made that the act was knowingly done nor shall it be necessary for
plainant to negative any exception contained in this ordinance concerning
prohibited act but any such exception made here in may be urged as a defe
person charged by such complainant.
Part #2. Wrecker Business
1. Definitions:
For the purpose of this article, the following terms shall have
respectively ascribed to them in this section:
Certificate - Authorization granted by the Chief of Police, unde
the provisions of this article: to use a designated vehicle as
wrecker.
Chief of Police - The Chief of Police of the City of Huntsville,
Texas or theperson designated by him to act in his stead for th
purpose of this article.
Motor Vehicle - Any vehicle which is self-propelled; this does n
include motor-assisted bicycles as defined by the law of the Sta
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
any person who has gained possession of a motor vehicle only as
result of wrecker services performed.
Permit - Authorization granted by the Chief of Police under the
visions of this article to engage in the wrecker business in the
of Huntsville, Texas.
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Permit Holder - Any person possessing a current, valid permit t. engage
in the wrecker business in the City of Huntsville, Texas.
Person - An individual, a corporation, a partnership, joint ven•ure,
or association.
Vehicle - Any device, in, upon, or by which any person or prope ty is
or may be transported or drawn upon a public street or highway, in-
cluding but not limited to motor vehicles, but not including de ices
moved only by human power, or used exclusively on stationary ra'ls
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 r
vehicles.
oving
Wrecker Business - The business of towing vehicles not belonging to
the towing wrecker company on a public street within the incorpo ated
limits of Huntsville, Texas for compensation, or with the expec .tion
of compensation including, but not limited to compensation for towing,
storage and repair. It does not include towing a vehicle to a p.int
outside the city when the owner of the vehicle requests that it .e
towed to a point outside the city, except as otherwise provided 'n
this article.
Wrecker Company - Any person engaged in the wrecker business.
Wrecker Rotation Lists - Lists prepared in accordance with the p o-
visions of this article, of wrecker companies which have request -d
and qualified to appear thereon, and which maintain certified wr -ckers
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
wrecker business as a wrecker, any vehicle for which no certific
has been issued.
(c) Equipment other than a wrecker certified under this article
be employed to remove from, or to transport on, the public right
way the following:
he
to
may
of
(1) any vehicle, equipment, structure, or other object which
is of such size, weight, or nature, that it is beyond the
towing capacity of wreckers meeting the standards for Class
A or Class B wreckers as set forth in this article, o its
size or shape make it impractical or unsafe to so tra sport.
(2) any motorcycle, motor scooter, motor bike, motor assi -ted
bicycle, or similar vehicle.
(d) The provisions of subsection (a) and (b) of this section s all
not apply to a wrecker tow which originated outside the incorpo ated
limits of the City of Huntsville, Texas. For purposes of this . rticle,
the point of origin is where the vehicle is picked up.
(e) Notwithstanding any other provisions of this article, in a y
circumstance in which a vehicle or other objects is so located .n
a public street as to constitute a hazard or obstacle, or to in er-
fere with traffic, or in the event a stolen vehicle is found or in
any other circumstances in which a police officer in the cause •f
his duty directs the removal of a vehicle from or to any locatio ,
any police officer may require its removal at the owners expense, by
any practicable means, to include but not limited to, use of a 'ecker
selected by the use of the police wrecker rotation list.
Part #4. Permits, Applications and Fees
(a) There shall be two classes of permits to engage in the wrec
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 provide
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.
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(2) The number and types of wreckers proposed to be opera ed.
(3) The true owner of the company, if the wrecker company is
other than a corporation.
(4) The true owner of the wreckers proposed to be used, i
other than the true owners of the wrecker company.
(5) A certificate from the city tax - assessor collector th•t
all City of Huntsville taxes on all properties, real .nd
personal, to be used in connection with the applicant s
wrecker business are current.
(6) A certificate of public liability and property damage in-
surance issued by a casualty company authorized to do busi-
ness in the State of Texas, in the standard form appr.ved
by the State Board of Insurance, containing a provisi.n
that at least 10 days prior notice of cancellation of said
insurance shall be given to the City Manager of the C'ty of
Huntsville, Texas by the insurance company, and with he
insured provision of such police including the City o
Huntsville as an additional insured and the coverage •ro-
vision insuring members of the public from any loss o
damage that may arise to any person or property be re son
of the operation of a permit holders business and pro iding
that the amount of coverage shall comply with the limits set
forth in this article:
•
(d) No Class A permit shall be issued to any applicant unless he appli-
cant's vehicle depository is wholly or partially located w'thin the
incorporated limits of the City of Huntsville, Texas. Pro ide further,
that no permit holder. shall thereafter be granted a permit if he later
moves his vehicle depository to 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 comply with City Code Of Ordinance No. III, Salvage •.erations,
Generally, Sec. 1336 -1340.
(e) The permit, when granted, shall be prominently displayed at the permit
holders place of business.
Part #5. Insurance
(a) All Class B permit holders shall carry public liability and
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
property
For damage to or destruction of property in any one
collision $10,000
(b) All Class A permit holders shall carry public liability an
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 bodily injury or death of two or
more persons in any one collision $50,000
For damage to or destruction of property in any one
collision $10,000
Part #6 Wrecker Certificates - Application, Fees, 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
the Chief of Police.
(2) Pay a non - refundable fee of $5 per vehicle for which
certification is sought.
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(3) Submit a copy of the manufacturers certificate for ea h
vehicle certification is sought.
(4) Submit a certificate or certificates that each propos
vehicle is insured as per the appropriate requirement 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 Police.
(b) A vehicle shall be certified as either a Class A or a Class B wrecker.
(c) Class A wreckers shall meet the following requirements:
(1) Shall not be less than three- fourths (3/4) ton (minim
7- r64)40^peends gross vehicle weight) in capacity as ref ected
0— on the manufacturers certificate, then the gross vehicle
weight shall be determined by a testing procedure app oved
by the Chief of Police. All such vehicles shall be e ipped
with booster brakes.
(2) Shall be in such condition that it can safely and rel ably
be used as a wrecker.
(3) Shall be equipped with a power- operated winch, winch ine
and boom with a rated or tested lifting capacity of n..t
less than six thousand (6,000) pounds single line cap city.
If the unit does not have an established factory -rat lifting
capacity, then such capacity shall be determined by a testing
procedure approved by the Chief of Police.
(4) Shall carry as standard equipment at least one of eac of the
following: tow bar, safety chain, fire extinguisher, dust
pan, wrecker bar, broom, axe and a dolly.
(d) Class B wreckers shall meet the following requirements:
(1) Shall not be less than one half (1/2) ton gross vehicle weight
in capacity, as reflected on the manufacturers certif cate,
then the gross vehicle weight shall be determined by • testing
procedure approved by the Chief of Police.
(2) Shall be in such condition that it can safely and rel ably 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. 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.
(4) Shall carry as standard equipment at least one of each of the
following: tow bar, safety chain, fire extinguisher,
wrecker bar 'and axe.
(e) Each wrecker whether certified as Class A or Class B shall 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 t ee (3)
inches high which are permanently affixed and legible and n a con-
trasting background.
(f) A certificate may be evidenced by a windshield sticker, or other
device which the Chief of Police finds will enhance enforc ent of
this article.
Part #7. Permits and Certificates - Insurance and Expiration
(a) The Chief of Police shall issue a permit to engage in the
ecker
business to all applicants complying with the provisions of this
and shall issue a certificate for all wreckers so complying upon
application being made therefor, unless legal grounds exist for
such a permit or certificate.
(b) Each permit and certificate shall expire at midnight on Dec
of the calendar year of issuance and will be renewable only upon
ance with the provisions of this article and any other applicabl
ordinances or regulations which shall be in effect at the time o
renewal application.
(c) The Chief of Police shall specify on the certificate for ea
if it is a Class A or a Class B wrecker.
Part #8. Inspection of Wrecker Equipment and Storage Facilities Used in
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 shal
be cumulative of any other authority held by the Chief
of Police, other law enforcement officials, or other
legally authorized public officials.
Part #9. Police Wrecker Rotation List
(a) The Huntsville Police Division shall
Class A wrecker rotation list.
(b) The list shall contain the names, in
Class A permit holders qualified to be on
establish and maintain
alphabetical order, of
such list.
(c) A permit holder is qualified to be on such list if:
(1) he maintains at least one certified wrecker of the cla
required to be on such list and:
(2) he maintains 24 hour wrecker service and has no more t
two (2) telephone numbers, which numbers are answered
hours a day, seven days a week. The use of an answeri
service shall be permitted, provided, that if such a s
vice is used, the failure of a permit holder to commun
cate with the police communications center within five
minutes following a call requesting a dispatch of a ce
fied wrecker, confirming that the permit holder shall
immediately dispatch the class of certified wreckers
requested to the desired location, will result in a fo
feiture by that permit holder of that call.
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(d) When the police officer investigating a collision determines that
a vehicle involved in a collision is unable to safely proceed u 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, whic 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 poli
officer shall communicate the name of the designated
wrecker company, auto repair shop, automobile dealer,
automobile club to the police communications center.
(3) the police communications center shall cause the desi
wrecker company, auto repair shop, automobile dealer,
automobile club to be called and directed to send to
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
to make another designation.
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or
nated
or
he
ested
(e) If the owner of a vehicle involved in a collision is physi ally
unable to designate the wrecker company, auto repair shop, auto dealer,
or automobile club he desires to remove the vehicle, or fails o refuses
to designate one, or has no preference, then the police office shall
communicate that fact 'immediately to the police communications enter.
(1) such designation by the driver will be indicated in iting
on a form provided by the Chief of Police and signed the
driver if he is physically able. If not, the police fficer
shall indicate by notation on the form.
(2) the police communications center shall call the perm' holder
next in line after the last permit holder so called an request
the permit holder to tow the vehicle from the scene of the
collision.
(3) on each succeeding communication of the inability or r fusal
of a permit holder to designate a wrecker, the next pe it
holder on the list shall be called. The next 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 is
needed then the police officer shall communicate that fact immediately
to the police communication center, which shall proceed to call he
next permit holder on said police rotation list.
(g) Failure of any permit holder selected under paragraph (d) o
paragraph (e) of this section to deliver a wrecker of the class equired
to the scene within twenty (20) minutes of notification without usti-
fication acceptable to the police communications center shall ca se
the permit holder to forfeit that call. If selection of the pe it
holder occured under paragraph (d) then the police communication
center shall proceed as it would under paragraph (e) (2) of this
section, so ratifying the requesting police officer who shall so
indicate on the form provided by the Chief of Police.
(h) The following maximum fees may be charged by permit holders under
this section for the use of the class of wrecker designated and ro
additional charges may be made. These maximum fees shall also a ply
to Class B hauls when the request is made through police communi ations
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 present at
the scene of any wreck or collision to directly or indirectly rec mmend
to any person 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
manner 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 wr =cker
to or near the scene of a collision on a street in the City of unts-
ville, Texas unless such person has been called to the scene by the
Huntsville Police Division or by a party involved in the collision,
provided, that when it is necessary to prevent death or bodily injury
to any person involved in a collision the prohibition of this action
shall be inapplicable provided, that if a permit holder is call to
the scene by a party involved in the collision, indication of t is
fact shall be made on a form provided by the Chief of Police and
signed by the party so called.
Part #12. 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, di ectly
or indirectly, on the streets of the city, wrecker business involving
any vehicle which is wrecked on a public street. This prohibition
applies regardless of whether the solicitation is for the purpos of
soliciting the business of towing, removing, repairing, wrecking,
storing, trading, selling or purchasing such vehicle. Proof of he
presence of any person engaged in the wrecker business or of the
presence of any wrecker, whether or not certified or identified nder
the provisions of this article, except a wrecker called pursuant to the
collision on any public street in the city after the happening o. a
wreck and prior to removal of all disabled or damaged vehicles
prima facie evidence of a solicitation in violation of this sect;on.
Part #13. Communications From Huntsville Police Department Radio Station Not
to be Intercepted
No person for purpose of facilitating any violation of this arti le or
any other ordinance or statute, shall intercept any message emanating
through the medium of the Huntsville Police Division frequencies
KXD 225, KXD 285 and KKD 525 or any frequencies or call letters hat
may be assigned the Huntsville Police Division in the future, no shall
any person for purposes of facilitating any violation of this ar icle
or any other ordinance or statute divulge or publish the existen e,
contents, substance, purpose, effect or meaning of intercepted police
communication.
Part #14. Pound Hauls and Impounded Vehicles
(a) The Huntsville Police Division shall utilize the police div Sion
collision wrecker rotation list for pound calls or hauls resultiig 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
Automobile Pound.
(c) Whenever it becomes necessary under this section for the pe
holder to disassemble parts to a vehicle in order to tow such ve
the permit holder shall reassemble such parts upon reaching the
pound.
it
icle
ity
(d) The maximum fee which may be charged by a permit holder fora
pound haul shall be fifteen ($15) dollars unless special equipme t
is needed, dollies, etc.
(e) No permit holder under this section shall have the owner of a
vehicle impounded sign a release from liability or damage until he
owner has inspected the vehicle. Any such release shall contain a
notation for which the permit holder is alleged to be liable by he
owner of the vehicle. If there is any such enumeration of alleg d
damages, then the release shall be a full release except as to t e
specifically enumerated damages. The release shall be signed by the
owner of 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 notific tion
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 remov 1, and
(4) The storage location of the vehicle.
(g) The maximum fee which may be charged by a permit holder for the
impoundment of a vehicle from private property under this sectio is
fifteen dollars ($15) and the maximum fee for storage of said ve icle
shall be two dollars ($2) per day, but no storage fee shall be c rged
if the vehicle is stored for less than 24 hours.
Part #15. Duties of Permit Holders
(a) It shall be the obligation of all permit holders under this article
to operate wrecker businesses so as to provide safe and prompt r oval of
wrecked or disabled vehicles from the public streets of the City of
Huntsville when properly called upon to do so in accordance with the
provisions of this article.
(b) The duty to provide safe and prompt wrecker service upon ca 1
include but is not limited to the following specific duties:
(1) upon receiving a call from the police communication ce ter,
whether by use of one of the wrecker rotation lists or other
wise, the permit holder shall, in accordance with the •ro-
visions of this article, dispatch the requested class .f
wrecker to the desired location, or if the permit hold -r does
not wish to respond to the call or if the requested cl =ss of
wrecker is not then available for service, the permit older
shall immediately so inform the police communications enter.
(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 office in-
vestigating that collision.
(3) wrecker company personnel of a permit holder which hau s
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, t is
duty specifically includes removal of broken glass and
metal fragments from the street, and the removal of an
load of any vehicle from the traveled portion of the s reet,
so as to eliminate any hazard to vehicular traffic. T is
does not include the responsibility to unload cargo fr.m a
wrecked vehicle in order to permit hauling. Such debr s
should be disposed of in a manner which will keep it o t
of gutters, storm sewers and streams, public rights -of way,
and property not belonging to the wrecker company, wit out
consent of the property owner. The officer on the sce a of
the accident mayiprovide assistance in locating a plac- for
disposal of such debris.
(4) any,permit holder on the wrecker rotation list which d.es
not have its own repair facilities must tow or have to ed
the damaged vehicle to a repair shop or to a place des gnated
by the owner. If the towing services are to be perfo ed when
the repair shop or other designated place is not open or
business, no charge shall be made to store the vehicle and
complete the tow at the earliest possible time to the •esig-
nated place.
(5) no permit holder shall store any vehicle or wreckers on the
public streets, or right -of -way. Permit holders will use
reasonable care in the storage of property not belongi g to
said permit holder, so as to minimize the risk of thef or
damage. If any damaged or inoperable vehicle is found upon
the public right -of -way with in a reasonable distance f an
automobile repair shop and police records show that sa d
vehicle was taken to that place within thirty (30) day
a result of a collision, this shall be prima facie pro
that the vehicle is illegally stored.
(6) all permit holders shall comply with zoning, fire prev
and other ordinances of the City of Huntsville. Fail
so will subject a permit holder to administrative pena
as set out in this article, in addition to other civil
or penal provisions of the statutes or ordinances in
Part #16. Identification of Wreckers and Vehicles
(a) It shall be unlawful to operate or cause to be operated a
wrecker business on a public street within the incorporated cit
of the City of Huntsville unless the certificate for said wreck
prominently displayed on said wrecker as required by the Chief
(b) It shall be unlawful to operate a wrecker business unless
holder complies with Part #6, (e) of this article.
(c) The provisions of this section shall not apply to a wrecke
which originated outside the incorporated limits of the City of
ville. For purposes of this article, the point of origin is wh
vehicle is picked up.
Part #17. Administrative Disposition of Violations
In Lieu of or in addition to any criminal prosecution or civil
for violation of any provisions of this article, the Chief of P
shall have, as to the holder of any permit or certificate, or a
applicant therefore, the duty and authority to enforce the prov
this article by administrative action in accordance with the pr
and procedures set forth herein after.
(a) The proper and safe functioning of the wrecker business ha
impact on the health, safety and welfare of the public, involvi
the public streets of the City of Huntsville, often in circumst
necessitating prompt removal of dangerous obstructions to traff
streets; Therefore the privilege of any person to engage in the
business in the City of Huntsville shall be subject to strict r
order to protect the public.
(b) For purposes of invoking any administrative remedy against
holder, the act or omission of any agent or employee of said pe
shall be considered to be the acts or omission of said permit h
(c) Administrative remedies which the Chief of Police may empl
enforce the provisions of this article include, but are not lim
as
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ntion,
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ties
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ted to:
(1) suspension or revocation of any certificate; this pow
includes the authority to remove or cause to be remove
any sticker or other evidence of a certificate from a y
wrecker.
r
d
(2) removal of a permit holder from the police rotation 1 st.
(3) suspension or revocation of any wrecker permit.
(d) Grounds for suspension or revocation of a certificate incl
to the wrecker for which the certificate was issued, driving sa
to the scene of a collision in response to a call by any person
wrecker, or towing a vehicle with said wrecker, when said wreck
(1) is in condition that it cannot safely tow a vehicle
de, as
d wrecker
for a
r:
(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 wreker
rotation list include:
(1) failure to meet at all times the requirements for a p rmit
(2) failure to maintain at all times at least one wrecker
such condition that it meets the requirements for cer
cation and for eligibility to be on the police rotati
(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 nCt
requested by the police communication center to perfo
such services is driven to said location, the permit older,
owning that wrecker shall be subject to removal from he
collision wrecker rotation list and if the permit hol er
which is called is shown to have called for any wreck r not
its own or to have or cause any person to drive a wre ker
not its own to said location, then the said permit ho der
which was called by the police communication center s all be
subject to removal from the police rotation list.
(6) collecting or charging any fee or charges in excess
those set out in this article
(7) violations of the zoning ordinance or fire prevent o or-
dinance as determined by the director of Building In pection
Division, or the Fire Marshall, respectively, upon itten
communication to the Chief of Police of said determi ation
(f) For justifiable reasons, if any permit holder on a collis
wrecker rotation list is unable to answer within the proper t '
called by the police communication center, the permit holder f
that call but is not subject to having his permit or certifica
pended or revoked for that reason.
on
e when
feits
e sus-
(g) Grounds for suspension or revocation of a permit includes ny
conduct in the wrecker business which endangers the life or saf ty
of any person. Repeated violations of the provisions of this a ticle,
violations of the zoning ordinance or fire prevention code for •ne
week after notice of said violation has been given to said wrecl er
business by the director of building inspection division of fir
marshall, respectively, failure to maintain in effect any insur nce
required by this article, and fraud or theft in the conduct of his
wrecker business.
Part #18. Same Procedures; Appeals
(a) Suspension or revocation of any certificate may be accompl shed
by the Chief of Police. The reason for suspension or revocatio of
any certificate shall be given in writing to the permit holder hose
certificate is being suspended or revoked within ten (10) days •f such
suspension or revocation. Mailing of such notice to the last own
business addresses of said permit holders shall constitute suff cient
notice. Appeals from a suspension or revocation by the Chief o Police
shall be made in writing to the City Manager within twenty (20) days
of such suspension or revocation. A hearing or personal appear nce
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 ithin
thirty (30) days of the suspension of revocation by the Chief o Police.
(b) Suspension or revocation of any wrecker permit may be acc..plished
by the Chief of Police after a hearing before the Chief of Poli.e.
Notice of hearing, the administrative action which may be taken and
the grounds therefor shall be given to the permit holder ten (le) days
prior to the hearing. Mailing of said notice to the last known business
address of said permit holder shall constitute sufficient noticz.
Suspension or revocation of a permit holder shall be accomplish.. by
a notice in writing to the permit holder which states that the uspen-
sion or revocation has occurred. Such notice shall be given wi in
ten (10) days of such suspension or revocation. Appeals from -n
adverse ruling by the Chief of Police shall be made in writing to
the City Manager within twenty (20) days of such suspension or re-
vocation and such appeals shall be determined by the City Mana er
after a hearing of which the permit holder has had reasonable otice.
Written notice of the ruling by the City Manager shall be give to the
permitte within thirty (30) days of the suspension or revocation by the
Chief of Police.
(c) If after any certificate has been suspended or revoked, t
condition for which it was suspended or revoked has been corrected,
and proof of such correction is made to the Chief of Police, th n a
new certificate may be issued upon proper application, fee payinent,
and proof of meeting all requirements thereof.
(d) If after removal of a permit holder from the wrecker rotat'on
list, application for reinstatement on said list has been made, said
permit holder may be reinstated after three (3) days removal if the
conditions and if the Chief of Police has determined that the p rmit
holder will properly perform thereafter: provided, that upon e
second such removal within a four month period, no reinstatemen shall
be had until at least seven (7) days after the removal and upon the
third removal within a twelve (12) month period, no reinstateme t shall
be had until fourteen (14) days after the third removal. Repea ed
violations shall be grounds for deciding to reinstate any compa y to
the police wrecker list.
(e) If a permit holder's permit is revoked, no permit shall be
to that holder for a peri48 of at least six months from the dat
revocation.
given
of
Part #19. All permits to engage Allithe wrecker business and those permit for
each wrecker.which are inexistence at the time of the passage f this
article shall be valid through December 31, 1976 at which time they
shall expire. The new permits as provided for by this article hall be
required beginning January 1, 1977.
Part #20. Where an emergency is apparent for the immediate preservation 4f
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 tht
this ordinance become effective immediately upon passage, there ore
the rule requiring the reading on three separate days is hereby sus-
pended and this ordinance shall become effective immediately up n
passage as approved by the Charter of the City of Huntsville.
Counsilman (,(, Ke r moved the passage of said ordinance, which
motion was seconded by Councilman kin IC k. , and upon being su.mitted
to the vote of the Council resulted in the ordinance being declared adopt -d by a
vote of 8 for and c) against, this aO rh day of Jul , 1976.
AT
RUTH
HAW, Secretary
Approved as to Form:
JACK Sssistant ty
Attorney
MORRIS I. WALLER, Mayor