§ 28-3. License to engage in wrecker business required; license issuance by chief of police; annual fees established; wrecker service application; minimum requirements to be met; insurance requirements; and other required information.
(a)
License to engage in wrecker business required. Every wrecker company desiring to have a wrecker or tow truck service business and/or perform non-consent tows in the city shall make an application in writing, on a form provided for that purpose, to the chief of police for a license to engage in the wrecker service business. Such application shall contain the name, address, telephone number, date of birth, driver's license number, Social Security number, and subject to a criminal background query of the applicant and/or the owners of the wrecker business if different from the applicant; the number and type of wrecker equipment operated, any other information and documents indicated herein; and a statement indicating that the applicant does, or does not, desire to appear on the wrecker rotation list. Every application shall be sworn to by the applicant. A license is not assignable or transferable and shall expire on the 30th day of June of each year.
(b)
Fees.
(1)
The annual license, permit, and inspection fees shall be as follows:
Wrecker service business license fee ..... $100.00
The license application fee ..... 100.00
Fee for replacing lost/destroyed license ..... 5.00
License renewal late fee ..... 25.00
(2)
The fees charged herein are to cover the administrative costs of investigation and processing. Such fees shall be non-refundable.
(3)
The fee for an original license or permit, which is issued for a period less than twelve (12) months, shall be prorated on the basis of whole months remaining in the current twelve-month period.
(4)
The fees listed under this subsection are hereby waived for those wrecker companies which are participating on the city's wrecker rotation list and providing services for towing city owned vehicles at no cost.
(c)
License issuance by chief of police; minimum requirements to be met; insurance requirements. The chief of police, or his representative, shall issue a license to engage in the wrecker service business to each applicant complying with the provisions of this chapter. No license authorizing the operation of a wrecker service business and/or performance of non-consent tows within city limits shall be issued unless the following requirements are met:
(1)
Wreckers must be not less than three-quarter (¾) ton in size and be equipped with booster brakes.
(2)
Wreckers must be equipped with a power winch line and boom with a factory rated lifting capacity of not less than five thousand (5,000) pounds, single line capacity.
(3)
Wreckers shall carry as standard equipment tow bars, safety chains, a fire extinguisher, wrecking bars, dollies, and an axe.
(4)
Maintain an office building and vehicle storage facility operated on a daily basis (Monday through Friday), with normal working hours from 8:00 a.m. to 5:00 p.m., with an employee physically present at the business during such normal working hours. Such office building and vehicle storage facility shall be situated at the same place and at a location permitted by the zoning ordinance of the city, if located within city limits. All wreckers must be stored or parked at the designated office building/vehicle storage facility when not in use except for one-ton wreckers, which are on-call 24 hours, will be allowed to be stored at the driver's place of residence during non-business hours. The office building shall be served by a telephone with a number provided to the police department for calls during normal working hours. If the office is not manned twenty-four (24) hours per day, seven (7) days per week, the wrecker service shall also provide the police department with a telephone number for calls after normal working hours, weekends and holidays. An answering service or answering device shall not be used.
(5)
Any vehicle removed must be taken to the vehicle storage facility immediately and must be stored at all times at that location, unless otherwise approved or ordered by the chief of police.
(6)
A vehicle storage facility must hold a valid vehicle storage facility license issued by the Texas Department of Transportation and comply with all provisions of Chapter 2303, Texas Occupations Code and Subchapter G, Chapter 18, Part 1, Title 43 of the Texas Administrative Code, as amended. A copy of such license shall be provided to the chief of police on a yearly basis.
(7)
State of Texas safety inspection required. Each application for a license for a wrecker service business shall state that such wreckers have been inspected and approved under the direction of the Texas Department of Public Safety and a current inspection sticker shall be affixed securely to the inside of the windshield of each wrecker.
(8)
Liability insurance. The applicant shall obtain and keep in full force and effect a policy of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the State of Texas in the standard form approved by the Board of Insurance Commissioners of the State of Texas, insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a wrecker of such company and providing that the amount of coverage shall be no less than the limits required by state law.
(9)
Indemnification of city, its officers, agents and employees. Every wrecker service business who obtains a license to operate a wrecker service or perform non-consent tows in the city shall sign an agreement which shall be attached to the application wherein the wrecker company agrees to indemnify and hold harmless the city, its officers, agents and employees from any and all claims, demands, actions and causes of actions arising from the granting of a license to operate a wrecker service or to operate a wrecker by the city and/or the operation of the wrecker service or any wrecker by the wrecker company located in the city. The wrecker company also agrees that it is an independent contractor and not a representative, agent or employee of the city.
(10)
Taxes. No delinquent taxes of any type shall be due to the city upon any property of applicant or any wrecker for which a license is sought, and the applicant shall not have failed to render any property located within the city for ad valorem taxation.
(Ord. No. 05-14, § 1, 6-29-2005; Ord. No. 09-04, § 1, 6-16-2009)