Loading...
HomeMy WebLinkAboutORD 1984-079 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 84-79 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY AMENDING CHAPTER 26 RELATING TO WRECKER AND TOWING SERVICE BY AMENDING SECTIONS 26- 1 THROUGH 26-14; BY ADDING SECTIONS 26-15 THROUGH 26- 29; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO ,,,�, HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTNE DATE AND DECLARING �`` AN EMERGENCY WHEREAS, the City Council is empowered to license, operate and control the operation of all vehicles upon the public streets of the City of Grapevine, Texas (the "City"); and WHEREAS, the City Council finds and determines that the regulations regarding wrecker and towing service are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 26 of the Code of Ordinances of the City of Grapevine, Texas, relating to Wrecker and Towing Service, is hereby amended in the following particulars by amending Sections 26-1 through 26-14, inclusive, and by adding Se�tions 26-15 through 26-29, said amendments and additions to read as follows: Section 26-1. Definitions. '� A. "Chief of Police" means the Chief of the City of Grapevine police department. B. "Abandoned Motor Vehicle" means a motor vehicle that is inoperable and more than eight (8) years old and left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicle left unattended on the right-of-way of a designated County, State, or Federal Highway within the corporate limits of the City of Grapevine for more than forty-eight (48) hours. C. "Disabled Vehicle" means a vehicle which has been rendered unsafe to be driven as a result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, vandalism, or a vehicle which is in a safe driving condition, but the owner is not present, or able, or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a wrecker. D. "Permittee" means a person authorized by permit to engage in wreeker service within the corporate limits of the City of Grapevine, Texas. � � E. "Permit" means that specific authorization, in writing, issued by the City of Grapevine, which allows a person to engage � in the operation of a wrecker service within the corporate limits of the CityA of Grapevine, Texas. F. "Person" means an individual, partnership, joint venture, association, corporation, or any other entity recognized in law. G. "Street" means any street, alley, avenue, lane, or highway within the corporate limits of the City of Grapevine, Texas. -1- H. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks. I. "Wrecked Vehicle" means a vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker. � J. "Wrecker" means a vehicle designed to be used primarily for removing wrecked or disabled vehicles. �" K. "Wrecker Service" means the business of towing, moving, or removing wrecked or disabled vehicles for compensation, regardless of whether the purpose of the removal is to repair, wreck, store, trade or purchase such wrecked or disabled vehicle. Section 26-2. Permits Required On All Wreckers. No person shall drive, operate, or cause to be operated, nor shall any person employ, permit, or allow another person to drive, operate, or cause to be operated any wrecker over any street in the City of Grapevine, for the purpose of providing wrecker services for compensation without first having obtained from the City of Grapevine, a Permit authorizing such operation and act of said wrecker. Section 26-3. Exception. If a wrecker operator wishes to move a vehicle from one commercial property to another, then no permit is required. If a vehicle is towed from a residence or other non-commercial property, then a permit is required. � Section 26-4. Application For Permit - Necessary Information. � Any person desiring a Permit to operate a wrecker in the City of Grapevine shall file with the Chief of Police a written Application. The Application shall be filled out and filed in duplicate on forms obtained from the Chief of Police, shall be verified by oath of the applicant and shall give the following information: A. The name, age, and residence of the applicant, if a natural person. If the applicant is a partnership, the name, age, and residence of all partners, general and limited. If the applicant is a corporation, its name and place of incorporation, the address of its principal place of business, a certified copy of its charter and further, if the applicant is a foreign corporation, a duly certified copy of its permit to do business in Texas. B. The trade or assumed name, if any, under which the applicant proposes to operate. C. The address of the place of business from which the applicant proposes to operate and the telephone number of said ,,�., place of business. D. The make, type, model, capacity, and condition of each �; wrecker proposed to be operated, the design and color scheme of each wrecker, and the lettering and marks to be used thereon. E. The number of wreckers for which Permits are desired. -2- F. A full use of any unpaid judgments of record against the applicant, which list shall include the name and address of each owner of a judgment, and the amount of such judgment. If the applicant is a partnership, a like list shall be furnished for the � partnership and for each individual partner, general and limited. If the applicant is a corporation, a like list shall be furnished by the corporation. G. A full list of convictions of the applicant for violation �, of any and all federal, state or municipal laws other than traffic statutes or ordinances. If the applicant is a partnership, a like list shall be furnished for each individual partner, general or limited. ` If the applicant is a corporation, a like list shall be furnished for �"'' each of the directors and officers. H. Full information pertaining to the extent of the wrecker service the applicant proposes to render. I. A full and complete statement of the experience, if any, the applicant has had in rendering such wrecker service in the City or elsewhere. J. In order to obtain a permit from the City, the applicant, person, firm, or corporation seeking same shall be required to execute the following agreement: "The undersigned covenants to, and by these presents, does hereby agree to fully indemnify, hold harmless and defend the City of Grapevine, its officers, agents, and employees from and against any and all claims, suits, causes of action, or liability of any nature whatsoever, brought for or on account of any injuries or damage to persons or property, including death and loss of property, arising out of or incident � to the operation of this wrecker service and all other manner of operation arising under, or otherwise �,,, incident to, the towing or storage of motor vehicles." Section 26-5. Insurance. A. An applicant must submit with the Application for Permit a policy of public liability and property damage insurance as provided in this section. The policy of public liability and property damage insurance shall be issued by an insurance company authorized to do business in the state and in the standard form approved by the Board of Insurance Commissioners of the state. The coverage provision will insure the public from loss or damage that may arise to any person or property by reason of the operation of a wrecker of the applicant and shall provide that the amount of recovery on each wrecker shall be in limits of not less than the following sums: For damages arising out of bodily injury to or death of one person in any one accident..................... $100,000.00 For damages arising out of bodily injury or death of two or more persons in any one accident........... $300,000.00 For injury to or destruction of property in any one accident. .............................................................. $ 50,000.00 �+ B. The policy mentioned in subsection (A) of this section shall contain an provision providing for thirty (30) days notice to the Chief of Police in the event of any material change or can�ellation of the policy. C. Where a police wrecker service is concerned, the policy mentioned in subsection (A) of this Section shall expressly provide that neither the police wrecker service operator nor his insurer will seek to avoid liability on the grounds that the police wrecker service operator was engaged in the exercise of a governmental function. -3- D. All wrecker service operators who have storage yards shall carry sufficient insurance to cover theft and vandalism from said storage yards in an amount satisfactory to the City Manager. Section 26-6. Application Fee - Permit Not Transferable. The fee for any application pursuant to this ordinance shall be the sum of Twenty Dollars ($20.00) per annum for each wrecker to be operated by the applicant to be paid upon the filing of the Application. All Permits issued shall expire on December 31 of the year � in which they were issued, said permit shall not be transferable, and no Permit shall be used on any wrecker vehicle other than the one for which it was issued. Section 26-7. Powers and Duties - Chief of Police. The Chief of Police shall: � A. Adopt and enforce . written reasonable rules and regulations for wreckers where necessary to implement this ordinance. B. Administer and enforce all provisions of this ordinance. C. Keep records of all Applications for which permits have been issued, suspended or revoked. D. Conduct, where appropriate, inspections of permittees, their premises and equipment. E. Suspend, revoke, deny and re-issue permits where � required. Section 26-8. Chief Of Police To Issue Permits - ww,w Minimum Requirements. The Chief of Police shall issue permits to all applicants complying with the provisions of this Chapter after the applications have been completed and filed in his office, the application fees paid, and after the applicant submits a sworn statement that each wrecker complies with the following minimum requirements: A. Each wrecker shall not be less than one (1) ton in size. B. Each wrecker shall be equipped with a power or hand- operated winch, winch line, and boom, with a factory rated capacity of not less than five thousand pounds (5,000 lbs.) single line capacity. C. Each operator shall furnish to the City a certificate from the Tax Assessor-Collector showing that no delinquent taxes are due to the City by said wrecker operator. D. Each wrecker shall have inscribed on each side thereof the name of the permittee operating the wrecker in letters not less ,� than 2 1/2 inches in height. E. Each wrecker shall carry as standard equipment: A tow �„ bar, safety chains, fire extinguisher, wrecker bar, broom, axe, shovel, fla�;s, flares, dolly, winch, line, booster brakes, towbar, blinker lights, emergency light, working light, wheel chocks, hydraulic jack, tire tools, buckets of sand, motorcycle slings and other tools and equipment reasonably necessary to conduct wrecker service. F. Each wrecker and all of its equipment shall be in a safe and good working condition. -4- Any wrecker used by a permittee shall be subject to inspection at any time by the Chief of Police or his authorized . representative. Permittees shall keep and maintain equipment meeting the minimum requirements as stated in this Section. Section 26-9. Permit - Refusal To Issue Or Renew. The Chief of Police may refuse to approve issuance or renewal of a wrecker permit for one or more of the following �+. reasons A. The making of any false statement as to a material �, matter in an Application for a Permit or permit renewal. B. Conviction of the permittee, applicant, or an employee of the permittee or applicant of a violation of a provision of this ordinance. C. Revocation of a Permit, pursuant to this ordinance, issued to the applicant, or any partner or corporate officer of the applicant, within three (3) years of the date preceding application. • D. If the applicant has been convicted of a felony or other offense involving moral turpitude. E. Failure to comply with any of the requirements of this ordinance or the rules and regulations established by the Chief of Police pursuant to Section 26-7 of this ordinance. Section 26-10. Rights Of Party Applying If Application Denied. If the Chief of Police denies an application, the applicant may, within ten (10) days after either (a) notice of such denial was �,,, mailed to the current business address given by the applicant on the application or (b) receiving notification of such denial at the ;; Grapevine Police Station, appeal to the City Council. The City � Council shall, within thirty (30) days after said appeal, accord to the applicant a hearing as to whether or not such application should be granted or denied. Both the applicant and the Chief of Police or his representative shall be present and may be heard at the hearing. A denial of such application by the City Council shall be final, but shall not prejudice the right of the applicant to file a new application after a six (6) month waiting period. Section 26-11. Permit - Suspension. Any permit issued under the provisions of this Chapter shall be automatically suspended when the insurance required by Section 26-5 has been changed so as to no longer comply with the requirements of Section 26-5 or has been cancelled. Such permits shall be reinstated only upon the filing of a new policy meeting the requirements of Section 26-5. Section 26-12. Permit May Be Revoked - Grounds. � The Chief of Police may revoke the permit issued on any or all wreckers belonging to a permittee on any of the following grounds: �rr A. �f a permit was procured by fraudulent conduct or false statement of a material fact or a fact concerning applicant not disclosed at the time of the granting of the permit. B. If the permittee or any of his agents, servants, or employees arrives at the scene of an accident in violation of the provisions of this ordinance. -5- C. If the permittee or any of his agents, servants, or employees solicit any business in violation of the provisions of this ordinance. D. The permittee or an employer of the permittee has been convicted for a violation of any of the requirements of this ordinance or has violated any of the rules and regulations as established by the Chief of Police. �� E. If the permittee has been convicted of a felony or other offense involving moral turpitude. ,� Such revocation of the permit shall terminate all authority and permission heretofore granted. Any person whose permit has been revoked shall not be eligible to again apply for a permit for a period of one (1) year from the date of revocation. Section 26-13. Permit Revocation Procedures - Appeal. The Chief of Police may, at any time, give notice in writing to the permittee, manager or other person in control of the operation and maintenance of such wrecker service, that the permit issued for the operation and maintenance of such private wrecker service has been revoked. The notice of revocation shall become a final revocation after the expiration of three (3) days from the date of the service of same, unless on or before the expiration of such three (3) days the permittee shall file with the City Council a written appeal of such revocation. The appeal shall operate as a stay of revocation of the permit issued until such time as the City Council shall grant a hearing and make a final adjudication. The hearing shall be held within thirty (30) days after the date of filing of the appeal, and �„ such action and judgment of the Council, after hearing all the evidence and facts, shall be final and conclusive as to all parties. "� Section 26-14. Permits Displayed. All wrecker permits shall be visibly displayed on each wrecker operated in the city. Section 26-15. Police Wrecker Service. A. All operators of a wrecker service which have received a permit to operate within the corporate limits of the City of Grapevine and desiring to be called for wrecker service by the City police department shall make application, in writing, to the Chief of Police. B. After application is made the Chief of Police shall review the application for permit submitted by each wrecker service and shall make a determination that the wrecker service complies with all equipment and other specifications and require- ments set out in this ordinance. The Chief of Police 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 of the reasons for the rejection of the application. C. During the month of September each year the wrecker �,,, service operators in the City desiring to have their names retained or placed yon the list authorizing them to answer requests for wrecker service by the police department shall make such requests in writing to the Chief of Police. Section 26-16. Police Wrecker Service - Rotation List; Rotating Operators. The police department shall maintain a wrecker rotation list in alphabetical order which shall contain the names and addresses of each wrecker service operator who complies with the provisions of this ordinance in order that said operator might be called upon -6- for wrecker service by the police department. The police officer receiving a call at police 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 operator at the top of the list receives a call then that name shall be placed at the bottom of the list and the next operator shall be moved to the top of the list and he shall receive calls. This process shall be repeated until each operator providing police wrecker service pursuant to Section 26-15 of this ordinance has received calls. The police department shall notify each `� wrecker o erator in sufficient time p prior to his rendering said wrecker service in order that the operator might adequately � provide the necessary persons and equipment to answer said calls. Section 26-17. Police Wrecker Service - Requirements and Duties. All wrecker services approved by the Chief of Police and placed on the rotation list shall be subject to and comply with the following requirements: A. The wrecker service shall, as a condition of being placed on the approved rotation list, deposit with the City Secretary a performance bond in the amount of one thousand dollars ($1,000.00), or in the alternative, a cash bond supported by cash or cashier's check in the amount of one thousand dollars ($1,000.00), to guarantee the performance of the requirements of this ordinance. The performance bond shall be assured by a reputable bonding company authorized to do business and doing business in the State of Texas. B. In the event a police wrecker service operator is requested by the police department to make a call and the operator agrees to make said call then such operator shall proceed immediately to the scene where he is directed and shall be given �" a reasonable length of time in which to reach said location. If the police wrecker service operator answering said call has not reached �„ said location within a reasonable length of time, then the officer at the scene may proceed to call the next police wrecker service operator on the list and that operator shall have priority in that particular call. In the event that the police wrecker service operator called fails to comply with the provisions of this section by proceeding to the designated place within the time specified above then this police wrecker service operator shall be removed from the top of the list and placed at the bottom of the list. This section shall not apply where the operator's name at the top of the list is called and he advises the officer requesting the wrecker service that he will be unable to make said call, nor will it apply where there has been a delay caused by some act or commission of another person other that the wrecker operator or his employees or by an act of God. C. Unless otherwise directed by the police officer at the scene, the police wrecker service operator shall tow all wrecked vehicles to the City car pound. D. All drivers for such police wrecker service operators shall be required to register with the City police department and ,�, a driver's license report from the Department of Public Safety shall be requested. � E. Each police wrecker service shall provide twenty-four (24) hour service, including Sundays and holidays, and each shall have availa�ble for the performance of the towing and wrecker services the following equipment: 1. All that equipment required by Section 26-8 of this ordinance. 2. A minimum of two (2) wreckers on a one (1) ton chassis, with a power driven crane, lifting capacity ten thousand (10,000) pounds. _�_ 3. One (1) heavy-duty wrecker on a two (2) to three (3) ton chassis with a power driven crane, lifting capacity of at least twenty thousand (20,000) pounds. F. Each police wrecker service operator shall provide the defense for, indemnify and hold harmless the City from any and all claims, suits, causes of action or liability of any nature arising out of the police wrecker service operator's activities conducted pursuant to this ordinance. � G. Where it beomes necessary in any manner to disconnect, tamper with or damage the gears, emergency brake or any other � part of a vehicle before towing, the police wrecker service operator shall, on termination of the tow, repair or put such vehicle back in its condition as it existed at the time when the police wrecker service operator arrived at the scene. H. Upon receiving a complaint from any source claiming damage to a vehicle or its contents towed by a police wrecker service operator, the operator shall submit a written report to the Chief of Police within twenty-four (24) hours after receipt of such complaint. Such report shall contain all facts pertinent to the claim or the complaint presented. I. All police wrecker service operators shall maintain a telephone, manned twenty-four (24) hours a day, and sufficient personnel to perform all obligations set forth in this ordinance. J. Each police wrecker service operator shall furnish to the Chief of Police certain personnel data in addition to that required by Section 26-4 of this ordinance, including finger prints and photographs of all wrecker drivers employed by the operator. � K. A police wrecker service operator may charge the following maximum fees for City towing services: � 1. All average tows, including motorcycle and motorscooters ...................... $40.00 2. Wrecked Vehicles......................... 40.00 3. If driveline must be dropped to taw vehicle additional..................................... 10.00 4. If necessary to change wheel and tire additional..................................... 10.00 5. Rolled over or upset vehicle........ 50.00 6. If dolly is needed to clear vehicle fortowing................................... 50.00 7. Roll over with dolly tow............. 60.00 8. If winch required, additional for each 50' foot of pull........................... 20.00 ,�, 9. Heavy duty wrecker..................... 60.00 10. An hourly rate of........................ 45.00 �rr L. At the option of the City, each police wrecker service operator shall furnish the following additional services: 1. When directed by the Chief of Police, or his duly authorized representative, the police wrecker service operator shall tow vehicles which are parked in violation of the law. Such vehicles will be towed to the City pound only. For such tows the operator shall charge only fees shown above. Vehicles with locked steering mechanism and wheels turned may dolly the vehicle in order to tow, and a dolly fee shall be charged. ' -8- 2. Towing of City owned vehicles: a. $10.00 for a battery jump or tire change. b. Charges for towing from the scene of an accident to a delivery point other than the City pound shall be the same as charges for delivering to the City pound. No transfer fee will be allowed. ,,,� M. Financial Records. Each police wrecker service operator shall maintain books and records reflecting his operations hereunder in accordance with � generally accepted accounting principles, and as may be specif- ically prescribed by the City Finance Director. Such books and records, together with any other documentation necessary for verification of contractor's compliance with the term of this ordinance, shall be made available in said City, on request, to said Finance Director or his representatives. N. Payment Of Taxes. Each police wrecker service operator shall pay to the appropriate collection authority all federal, state and local taxes and fees which are now or may hereafter be imposed upon the operator or the business conducted by the operator, and shall maintain in current status all federal, state and local licenses and permits required for the operation of business conducted by the operator. O. Collection Of Fees. Towing fees shall be collected at the City pound upon the release of vehicles. Vehicles towed to places other than the City �" pound will be billed by mail. The City shall collect all fees and pay the contractor on a per pull basis. � P. During the course of the contact, should any of the police wrecker service operator's personnel violate any of the rules and regulations as provided for herein, said violation will be grounds for cancellation of their permit. 1. Police service operators and other personnel of the operator shall comply with directions from police or firemen in charge of the scene of an accident. At no time will they interfere with efforts of the police or firemen. 2. Police wrecker service operators and other personnel of the operator shall comply with orders of the Chief of Police or his designated representative relating to the tow of vehicles. 3. At the time of tow, the police officer in charge will furnish the wrecker driver with an impound slip if the vehicle is to be towed to the City pound. The police wrecker service operator shall maintain one (1) copy of the impound slip at the operator's place of business. Section 26-18. Fencing Of Yards. All yards and storage areas for damaged or wrecked vehicles ;�, which are towed in by the wrecker operators shall be fenced in order to provide protection for the vehicles in custody. Section 26-19. Notice In Case Vehicle Not Claimed. When a wrecker operator has towed a vehicle and stored the same, whether at the request of the police department or some oth,er individual, and has stored said vehicle and kept the same for a period of ten (10) days, without having been contacted by the owner or custodian of such vehicle and secured the name of such owner or custodian, then such operator shall notify the police department that he is in possession of such vehicle and by what authocity he is holding the same in storage. -9- Section 26-20. Wrecker Pull Form. The Chief of Police shall cause to be prepared a form to be used for each pull involving a police dispatched wrecker in the City of Grapevine. Said form shall provide for the following infor- mation: A. The name of the owner or driver of any wrecked or disabled vehicle desiring the towing or removing of the vehicle. j B. The place to which the driver or other vehicle occupant desires the vehicle to be taken. C. The name of wrecker operator towing the vehicle and the name of the driver of the wrecked vehicle. D. The description of the vehicle being towed. E. The signature of the driver or other vehicle occupant, or in their absence or incapacity, a police officer, authorizing the removal of the vehicle and the towing of the vehicle to its destination. Section 26-21. Dispatch Procedures. When a police officer investigating an accident or vehicle disablement in the City determines that any vehicle involved should be removed by a wrecker, the officer shall first determine whether or not the owner or his authorized representative has already made arrangements for its removal. If no arrangements have been made, the investigating officer shall cause the following steps to be taken, in sequence, to complete the wrecker pull form: A. The officer shall inquire if the driver or other vehicle occupant has a specif ic place to which he desires the vehicle � removed. � B. The officer shall inquire if the driver or other vehicle occupant has a particular wrecker service that he wishes to be called to the scene to remove said vehicle. C. The officer shall then notify City of Grapevine police headquarters of the information contained in (A) and (B) above and direct that the wrecker service requested by the driver or other vehicle occupant proceed immediately to the scene of the accident. Calls involving long distance charges shall be made by the driver or other occupant, not by the police department. D. If for any reason, no wrecker operator is selected, the officer shall notify headquarters and the dispatcher shall direct the police wrecker service to go to the scene and remove the vehicle. E. If the police wrecker service is used, upon the wrecker operator's arrival at the scene, the officer shall complete the wrecker pull form. One copy of the wrecker pull form shall be left with the driver or other vehicle occupant, the second copy shall be given to the wrecker operator, and the third shall be kept on file in the office of the Chief of Police. F. In the event that a wrecker does not arrive at the scene of an accident or vehicle disablement within a reasonable time after being, notified, the police officer at the scene may notify police head'quarters that the police wrecker service be notified to respond. G. In the event that the police wrecker service does not respond within a reasonable time, the police officer at the scene shall notify police headquarters and the dispatcher shall direct another wrecker service, permitted to operate within the City, to respond and remove the vehicle. Such requests to wrecker service shall be on a rotational basis as established by Section 26-16 of this ordinance. -10- H. If a wrecker on rotation does not have the requested equipment available, the dispatcher may call another source. Section 26-22. Police Pulls Authorized. A. A police officer is hereby authorized to move a vehicle, require the driver or other person in charge of a vehicle to move the same or have the vehicle removed by the police wrecker service to the city pound under the circu m stances hereinafter � enumerated: 1. When any vehicle is left unattended upon any bridge, r� _ viaduct or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic; 2. When any vehicle is otherwise legally parked so as to block the entrance to any private driveway and it is impracticable to move the vehicle from in front of the driveway to another point on the street; 3. When any vehicle is found upon a street and a report has been previously made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled; 4. When any officer has reasonable grounds to believe that any vehicle has been abandoned; 5. When a vehicle upon a street is so wrecked or disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the wrecked or disabled vehicle; 6. When an officer arrests any person driving or in command of a vehicle for an alleged offense and such officer is by this code or other law required to take the person arrested immediately before a magistrate; 7. Whenever any police officer of the City of Grapevine finds a vehicle standing upon a street, public, or private property in violation of federal or state law or local ordinance. B. Any police officer of the City of Grapevine is hereby authorized to move or have removed by the police wrecker service any vehicle parked or standing in or on any portion of a street, when, in the opinion of the said member of the Grapevine Police Department, the vehicle constitutes a hazard, or interferes with a normal funetion of a Government Agency, or by reason or any castastrophe, emergency or unusual circumstance the safety of the vehicle, other property or individual is imperiled. C. When a police pull is made in accordance with (A) and (B) above, the police officer shall notify police headquarters of the circumstances and request the police department wrecker service be called and directed to the scene to remove the vehicle. On such occasion, the police officer shall complete the wrecker pull form, except for the signature of the owner of the vehicle, and shall show on the space provided for the signature of the owner that the vehicle has been pulled at the officer's request and shall sign his own name.x The officer shall also note at the top of the card the reason for removal of the vehicle. In such instances the third copy of the wrecker pull form should be handed to or mailed to the owner of the vehicle. Section 26-23. Debris At Accident Scene To Be Removed. Each wrecker called to the scene of an accident by any person shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the scene. -11- Section 26-24. No Wrecker At Scene Unless Called By Owner, Representative Of Owner Or Police. No wrecker shall arrive at the scene of an accident within the City of Grapevine unless such wrecker has been called to the scene by the owner of the vehicle or his authorized representative or by the Grapevine Police Department. Each wrecker operator, when called by the owner of a vehicle or his authorized representative, shall notify the police dispatcher before proceeding - to the scene of the vehicle. Section 26-25. Solicitation Of Wrecker Business Prohibited. � " No persons shall solicit any wrecker business in any manner, directly or indirectly, on the streets or Grapevine at the scene of a wrecked or diabled vehicle, regardless of whether the solicitation is for the purpose of soliciting business of towing, repairing, wrecking, storing, trading or purchasing the vehicle. The presence of any persons engaged in the wreeker business who has not been notified by the owner of the wrecked or disabled vehicle, the owner's representative, an occupant of the vehicle or by the police dispatcher pursuant to Section 26-16, Section 26-17 or Section 26- 21 of this ordinance, on any street at the accident scene or place of disablement shall be prima facie evidence of a soliciation and violation of this Section. Section 26-26. City Employee Not To Recommend Wrecker. No employee of the City of Grapevine shall recommend to any person, directly or indirectly, either by work, gesture, sign or otherwise, the name of any particular wrecker service. Section 26-27. Coverage Off Street Vehicles. The prohibitions and requirements of this Chapter shall apply to all accidents and vehicle disablements regardless of _ whether or not the final resting place of a vehicle is upon a street immediately after the accident or disablement. Section 26-28. Pushing Or Towing Vehicles Excepted From Prohibitions Of Chapter In Certain Instances. Vehicles may be pushed or towed by another vehicle (except by a wrecker for compensation) only when they do not reasonably require removal by a wrecker and only when such may be done in a safe manner so as not to endanger people or property. Such removal is exempted from the provisions of this Chapter except Section 26-25. Section 26-29. Use Of Radio On City Frequency. Any wrecker owner, operator, or agent thereof who uses a radio which transmits and receives on any City frequency shall not use the radio for any transmissions other than when authorized by a Grapevine Police Department Dispatcher or Officer to make a police pull or to notify the police department of criminal activity or emergencies. Disclosure of any information received by . mointoring of this frequency to any but authorized personnel is a , violation of the Federal Communications Commission Rules and this ordinance. ��._�, Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it would have passed such remaining of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. -12- Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars (�200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peach and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of �,.; r; its passage and it is accordingly so ordained. PASSED AND APPROVED on the 6� day of November , 1984. �/ Mayor, ity of Grapevine, Texas ATTEST: City Secretar�, Cit of Grapevine, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of Gr evi , �.,� � -13-