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.
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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.
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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.
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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.
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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.
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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
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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. '
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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.
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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.
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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.
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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.
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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 ,
�.,�
�
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