CHAPTER 4.60
WRECKERS
SECTION:
4.60.030 License Required; Fees
4.60.040 Application For License; Contents
4.60.050 Insurance Requirements
4.60.060 Investigation By Police Chief
4.60.070 License Issuance Standards
4.60.090 Promulgation Of Regulations
4.60.100 Revocation Of License
4.60.010 SHORT TITLE:
This chapter shall be known and may be cited as the WRECKER ORDINANCE. (1972 Code § 5.36.010)
4.60.020 DEFINITIONS:
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. "Shall" is always mandatory and not merely directory.
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CITY: |
The city of Gonzales. |
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PERSON: |
Any person, firm, partnership, association, corporation, company, or organization of any kind. |
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WRECKER: |
A person engaged in the business or offering the services of a vehicle wrecker or towing service, whereby disabled motor vehicles are towed or otherwise removed from the place where they are disabled by use of a wrecker so designed for that purpose or by a truck, automobile, or other vehicle so adapted to that purpose. (1972 Code § 5.36.020) |
4.60.030 LICENSE REQUIRED; FEES:
A. License Required: No wrecker shall engage in business within the city or offer such service within the city without first obtaining a license as hereinafter provided from the city clerk. (1972 Code § 5.36.030)
B. Application Fee: An application hereunder shall be accompanied by an application fee of ten dollars ($10.00). (1972 Code § 5.36.050)
C. License Fee: A license shall be issued to a successful applicant hereunder after payment to the city clerk of a license fee as provided in chapter 4.04 of this title. (1972 Code § 5.36.090)
4.60.040 APPLICATION FOR LICENSE; CONTENTS:
Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the chief of police and shall state:
A. The name, home address, and proposed business address of the applicant;
B. The location, description and hourly availability of the tow trucks owned or operated by the applicant;
C. That the applicant has available space for properly accommodating and protecting all disabled vehicles to be towed or otherwise removed from the place where they are disabled;
D. Such other information as the chief of police shall find reasonably necessary to effectuate the purpose of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with. (1972 Code § 5.36.040)
4.60.050 INSURANCE REQUIREMENTS:
A. Policies Required: No license shall be issued to an applicant hereunder until he shall have deposited with the chief of police the following insurance policies:
1. Garage Keeper’s Policy: A garage keeper’s legal liability policy, covering fire, theft, and explosion in the minimum amount of ten thousand dollars ($10,000.00), and collision coverage of five thousand dollars ($5,000.00) for each accident deemed a separate claim.
2. Garage Liability Policy: A garage liability policy, covering the operation of applicant’s business, equipment, or vehicles, for any bodily injury or property damage. This policy will be in the minimum amounts of ten thousand dollars ($10,000.00) for any one person killed or injured and one hundred thousand dollars ($100,000.00) for more than one person injured or killed in any one accident. This policy shall also provide five thousand dollars ($5,000.00) coverage for all damage arising out of injury to or destruction of property.
B. Notice Of Change Or Cancellation: Each policy required herein must contain an endorsement providing for ten (10) days’ notice to the city in the event of any material change or cancellation. (1972 Code § 5.36.060)
4.60.060 INVESTIGATION BY POLICE CHIEF:
Within seven (7) days after receipt of an application as provided for herein, the chief of police shall cause an investigation to be made of the applicant and of his proposed operation. (1972 Code § 5.36.070)
4.60.070 LICENSE ISSUANCE STANDARDS:
The chief of police shall recommend issuance of a license hereunder when he finds:
A. That the public convenience and necessity require the proposed wrecker service for which application has been submitted;
B. That insurance policies as required by this chapter have been procured;
C. That the applicant and all employees are fit and proper persons to conduct or work in the proposed business;
D. That the requirements of this chapter and all other governing laws and ordinances have been met. (1972 Code § 5.36.080)
4.60.080 LICENSING CONDITIONS:
A wrecker license hereunder shall be issued subject to the following conditions:
A. Exhibition Of Sticker: The chief of police shall issue to a licensed wrecker a sticker which the wrecker shall at all times prominently display on the right front wind shield of each wrecker or other vehicle used for towing purposes.
B. Maintenance Of Equipment: Wreckers shall keep and maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner.
C. Compliance With Rate Schedule: Wreckers shall charge for their services such rates as may be fixed by ordinance.
D. Rotation Of City Towing: Wreckers shall perform towing service for the city on a rotation basis.
E. Interception Of Police Calls: No wrecker shall intercept police calls on shortwave radio. (1972 Code § 5.36.110)
4.60.090 PROMULGATION OF REGULATIONS:
The chief of police shall adopt and enforce reasonable rules and regulations for wreckers. (1972 Code § 5.36.100)
4.60.100 REVOCATION OF LICENSE:
The chief of police shall recommend revocation of a license issued hereunder when he finds any of the following grounds:
A. The license was procured by fraudulent conduct or false statement of a material fact, or that a fact concerning the applicant was not disclosed at the time of his making application and such fact would have constituted just cause for refusal to issue the license.
B. The licensee illegally employed a shortwave radio to obtain information as to the location of the scene of an accident or disabled vehicle.
C. The licensee paid in the form of a gratuity any third person not involved in the accident for information as to the location of the accident.
D. The licensee has violated the fee schedule by overcharge.
E. The licensee has violated any of the requirements of this chapter or any of the rules and regulations as established by the chief of police or the city council. (1972 Code § 5.36.120)