HomeMy WebLinkAboutOrdinance - 8203-1981 - Amend. Chapter 31 Of Ord. Code. Add. New Artic. VI "Operation Of Wreckers" - 07/09/1981/
Ordinance No. 8203
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VI ENTITLED uOPERATION
OF WRECKERS AND WRECKER BUSINESSES''; PROVIDING DEFINITIONS; PROVIDING FOR
PERMITS; PROVIDING FOR WRECKER CERTIFICATION AND EQUIPMENT AND SAFETY
STANDARDS; PROVIDING FOR SUSPENSION OR REVOCATION OF PERMITS AND CERTIFI-
CATES; PROVIDING FOR MAXIMUM FEES; PROHIBITING DRIVING WRECKERS TO SCENE
OF COLLISIONS, SOLICITATION OF WRECKER BUSINESS, INTERCEPTION OF POLICE
RADIO CALLS; RESTRICTING PRIVATE PARKING HAULS; PROVIDING FOR A POLICE
. ·. WRECKER ROTATION LIST; SETTING OUT DUTIES OF PERMIT HOLDERS; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY.
WHEREAS,.the City Council has determined that the operation of wreckers
and wrecker businesses within the City of Lubbock affects the health, safety
and welfare of the citizens of the City of Lubbock and that such operation
of wreckers and wrecker businesses should be regulated; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l. THAT the Code of Ordinances of the City of Lubbock BE and
is hereby amendedby adding thereto a new Article VI to Chapter 31, which
shall read as follows:
ARTICLE VI. WRECKER SERVICES
Sec. 31-63. Definitions.
For the purpose of this Article, the following terms shall have
the meanings hereinafter ascribed to them.
Certificate: Authorization granted by the Chief of Police of the
City of Lubbock, under the provisions of this Article, to use a desig-
nated vehicle as a wrecker.
Chief of Police: The Chief of Police of the City of Lubbock or a
person designated by him to act in his stead for the purposes of this
Article.
Motor Vehicle: Any vehicle which is self-propelled except motor-
assisted bicycles as defined by the laws of the State of Texas.
Owner: Any person who holds the legal title to a motor vehicle or
who has the legal right to possession thereof.
Permit: Authorization granted by the City of Lubbock under the
provisions of this Article to engage in the wrecker business in the
City of Lubbock.
Permit Holder: Any person possessing a current, valid permit to
engage in the wrecker business in the City of Lubbock.
Person: An individual, corporation, partnership, joint venture
or association. This does not include a governmental entity.
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Point of Origin: The point where a vehicle is picked up for towing •
Private Parking Lot: Any private property used for restricted
and/or paid parking of vehicles.
Vehicle: Every device in, upon, or by which any person or property
is or may be transported or drawn upon a public highway, but not including
devices moved solely by human power, or used exclusively upon stationary
tracks or rails.
Vehicle Depository: The site to which a permit holder tows and/or
stores vehicles.
Wrecker: Any motor vehicle used for the purpose of towing or
removing vehicles.
Wrecker Business: The business of towing vehicles not belonging to
the towing person on a public street within the incorporated limits of
the City of Lubbock for compensation, or with the expectation of compen-
sation and/or repair, including the operation of a wrecker or wreckers in
connection with some other business. It does not include the operation
of wreckers by any governmental entity or tows into or out of the City of
Lubbock at the owner's request, except as otherwise provided in this
Article.
Wrecker Rotation Lists: Lists prepared by the Lubbock Police
Department in accordance with the provisions of this Article of
wrecker businesses which have requested and qualified for placement
upon such lists.
Sec. 31-64. Certificate and Permit Required.
(a) It shall be unlawful for any person to engage in the wrecker
business within the City of Lubbock unless such person possesses a
valid permit therefor.
(b) It shall be unlawful to drive or cause .to be driven in the
wrecker business a wrecker for which no valid certificate is possessed.
(c) The provisions of subsections (a) and (b) of this Section
shall not apply to a wrecker tow which originates outside the limits
of the City of Lubbock.
(d} Notwithstanding any other provision of this Article, in any
circumstance in which a vehicle or other object is so located on a
public street as to constitute a hazard or obstacle, or to interfere
with traffic, or in the event a stolen vehicle is found, or in any
other circumstance in which a police officer in the course of his duty
deems it necessary, he may require such vehicle or object to be
removed at the owner's expense by any practical means, including use
.of the Wrecker Rotation Lists in accordance with the provisions of this
Article.
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Sec. 31-65. Permit Application and Fee •
(a) Applications for permits shall be made upon forms supplied by
the City Secretary, shall be verified by notary and shall contain the
following information:
(b)
and shall
with this
(1) The true name, the trade name, address and telephone
number of the wrecker business.
(2) The number and category of wreckers proposed to be
operated.
(3) The names and addresses of the true owners of the
wrecker business and, if the business is a corporation,
the names and addresses of the corporate officers.
(4) The true owners of the wreckers to be used, if
different from the true owners of the business.
(5) A certificate from the City Tax Assessor-Collector that
all City of Lubbock taxes on the permit applicant's property,
both real and personal, to be used in the business are current.
(6) A certificate 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 State Board of Insurance, containing a
provision that at least ten (10) days prior notice of can-
cellation of said insurance shall be given to the City
Secretary of the City of Lubbock by the insurance company
and with the insured provision of the such policy including
the City of Lubbock as an additional insured and the
coverage provision of such policy insuring members of the
public from any loss or damage that may arise to any person
or property by reason of the operation of the permit holder's
wrecker business and providing that the amount of coverage
shall comply with the limits set forth in this Article.
The annual fee for a permit shall be fifty dollars ($50.00)
entitle the holder to operate a wrecker business in compliance
Article for one year from the date of issuan~e.
(c) Permits shall be.prominently displayed at the permit holder's
place of business.
Sec. 31-66. Certificate Application, Requirements and Fee.
(a) A permit holder desiring to have a wrecker certified shall
do the following:
(1) Submit a copy of the manufacturer's certificate or title
to the Police Chief or his designated representative along
with a request for certification on a form provided by the
City Secretary.
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(2) Submit such wrecker for inspection by the Chief of
Police or his designated representative.
(b) Following a determination that such wrecker complies with
applicable state laws and the provisibns of this Article, the Chief of
Police or his designated representative shall issue a certificate of
compliance to the permit holder and cause to be affixed to the vehicle
windshield a bumper sticker or such other device .as the Chief of Police
shall deem to be of assistance in identifying properly certificated
wreckers.
(c) The permit holder shall pay a non-refundable fee of fifteen
dollars ($15.00) for each wrecker for which certification is sought.
Sec. 31-67. Wrecker Requirements.
Wreckers shall be classified as Class I or Class II and shall meet
the following equipment requirements for Class I certification:
(1) Shall not be less than one (1) ton (minimum 7,500
pounds gross vehicle weight) in capacity, as reflected
on the manufacturer's certificate, title or by testing
procedure specified by the Chief of Police.
(2) Shall be equipped with booster brakes.
(3) Shall be equipped with a power operated winch, winch
line and boom with a rated or tested lifting capacity of
not less than six thousand (6,000) pounds single line
capacity.
(4) Shall carry as standard equipment at least one of
each of the following: tow bar, safety chain and fire
extinguisher~ If such wrecker is to be used in collision
hauls, it shall also carry a wrecker bar, broom, axe,
shovel and dolly.
(5) Shall display the permit number of the permit holder as
reflected on the perm.it in letters at least three (3) inches
high on each side of the wrecker. Such numbers shall be
permanently attached, legible, and on a contrasting back-
ground. Nothing herein shall be construed as prohibiting
the display of the name of the wrecker business upon a
wrecker.
(6) Shall be in such a condition that it can safely and
reliably be used as a wrecker.
(7) Shall comply with the motor vehicle equipment laws of
the State of Texas.
All Class II wreckers shall meet the following additional requirements
(1) Shall not be less than three (3) tons (minimum 28,500
pounds gross vehicle weight) in capacity, as reflected on the
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manufacturer's certificate, title or by testing procedure
specified by the Chief of Police.
(2) Shall be equipped with air brakes.
(3) Shall be equipped with a power operated winch, winch
line and boom with a rated or tested lifting capacity of not
less than twenty-five thousand {25,000) pounds capacity.
(4) Shall carry at least two (2) snatch blocks and two (2)
scotch blocks.
Sec. 31-68. Insurance.
All permit holders shall ~intain public liability and property
damage insurance in the following minimum amounts:
Class I Wreckers:
For damages arising out of bodily injury to or
death of one person in any one collision •••••••••••• $100,000.00
For damages arising out of bodily injury to or
death of two or more persons in any one collision ••• $300,000.00
For damage to or destruction of property in any
one collision •••••.••••••••..••.••••.•••••••.••••••• $ 50,000.00
For damage to cargo ••••••••••••••••••••••••••••••••• $ 10,000.00
Class II Wreckers:
Requirements shall be the same as for Class I wreckers,
except that cargo insurance shall be in an amount of at
least $75,000.00.
Sec. 31-69. Equipment Safety Requirements.
All wreckers must be equipped as follows:
(1) Shall display atop the highest part of the wrecker a
revolving amber(s) or amber and blue light.
(2) Two white flood lights projecting to the rear of the
wrecker, mounted in such a manner as to light up the vehicle
being loaded or unloaded, and which lights shall be extin-
guished while towing is in progress.
(3) Shall have a cradle sling or bar to provide rigid spacing
between the wrecker and the towed vehicle and which is capable
of lifting the front or rear of a towed vehicle clear of the
roadway.
Sec. 31-70. Permit and Certificate Issuance and Suspension or Revocation.
The City Secretary shall issue a permit to those persons complying
with the requirements of this Article. The Police Chief shall issue a
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•"' ' ~ ~· certificate for any permitted wrecker complying with the requirements of
this Article. Since the proper and safe functioning of wreckers has
critical impact on the health, safety and welfare of the public, involves
use of the public streets of the City of Lubbock, often in conditions
necessitating the prompt and safe removal of dangerous obstructions to
traffic on said streets, the privilege of operating a wrecker within
the City of Lubbock shall be subject to strict regulation in order to
protect the public, including the following administrative actions in
lieu of or in addition to any permitted criminal or civil remedy at
law:
(1) Suspension of Permit. Grounds for suspension of a permit
include the following:
a. Failure to meet the requirements of this Article for
a permit at any time.
b. Operating a wrecker in such a manner as to endanger
any person or property.
c. Collecting or charging any fees in excess of those
set out in this Article.
d. Violation of state law or city ordinances by a permit
holder or his employee in connection with the operation
of the wrecker business.
(2) Revocation of Permit. Grounds for revocation shall be the
repeated violation of those items listed for suspension, but
revocation shall not be done unless the permit holder has been
suspended at least twice within the 12 month period immediately
preceding the revocation.
(3) Suspension of Certificate. The certificate of any wrecker
may be suspended and the evidence of certification removed from
the wrecker for the following:
a. Operating a wrecker in such condition that it cannot
safely tow a vehicle.
b. Operating a wrecker not covered by insurance as
required by this Article.
c. Operating a wrecker that does not meet the require-
ments for certification set out in this Article.
Sec. 31-71. Suspension and Revocation Procedures, Appeals.
(a) Suspension or revocation of a permit may be accomplished
by the Chief of Police after a hearing before the Chief of Police
until such time as the deficiency under Sec. 31-70 (1) a. is corrected
or not more than fifteen (15) days for a violation of Sec. 31-70 (1) b.,
c. or d. Notice of the hearing, the administrative action proposed to
be taken and the grounds therefor shall be given to the permit holder
ten (10) days prior to the hearing. Mailing such notice by certified
mail to the last known business address of the permit holder not less
than ten (10) days prior to the hearing shall constitute adequate notice.
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l • ~ < "> . ",,' .. , .-,• Suspension of a permit shall be accomplished by a notice in writing to
the permit holder within ten (10) days of the hearing. Said notice shall
set out the date of the suspension and the date of reinstatement and
shall advise the permit holder that he may appeal such decision to the
Permit and License Appeal Board in accordance with the City Ordinance
creating such Board. Revocation of a permit may be accomplished in the
same manner. Following revocation, no new permit shall be given to that
former permit holder for a period of at least six (6) months from the
date of the revocation.
(b) Suspension of a certificate may be acomplished by the Chief of
Police or by any Police Officer who shall discover a wrecker in operation
that is deficient under the provisions of Sec. 31-70 (3) a., b. or c.
Suspension will be accomplished by the removal of the device signifying
certification from the wrecker. Such certificate shall be reissued when
the condition is corrected and the vehicle reinspected by the Chief of
Police or his authorized representative. Cost for such reinspection
shall be twenty dollars ($20.00). Such suspension may be appealed by
giving written notice of such appeal to the Chief of Police within ten
(10) days of the suspension of such certificate. Such hearing shall be
had before the Chief of Police within ten (10) days of the receipt of
the written notice. The Police Chief shall notify the certificate holder
of his decision upon the certificate in writing within the (10) days of
the hearing. If such suspension is upheld, the notice of decision shall
state what action will be necessary to have a certificate reissued and
that such decision may be appealed to the Permit and License Appeal Board
in accordance with the City Ordinance creating such Board.
Sec. 31-72. Maximum Fees.
The following maximum fees may be charged by permit holders under
this section for the use of designated capacity wreckers and no addi-
tional charges may be made.
a. Wreckers of less than 28,500 pounds gross vehicle weight:
Collision haul ••••••••••••••••••••••••••••• $37.50
Use of dollies ••••••••••••••••••••••••••••• $20.00 additional
Winching for removal of vehicle from a ditch,
for righting an overturned vehicle or for
similar unusual circumstances •••••••••••••• $35.00 per hour
Removal of waste debris generated by the col-
ision •••••••••.•••.•••.•••.•••.•••••••.•••• $15.00 per hour
Storage of towed vehicles •••••••••••••••••• $ 5.00 per day
b. Wreckers of 28,500 pounds or more gross vehicle weight:
Collision haul ••••••••••••••••••••••••••••• $50.00
Each hour, spent by each wrecker at the point
of origin •••••••••••••••••••••••••••••••••• $63.00 per hour
Removal of waste debris generated by the col-
lision •••••.•••••••••••••••.•••••••••.•••.• $15.00 per hour
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' '.' Storage of towed truck .••••••••••••••••••••• $ 7,50.per day
Storage of towed tractor/trailer rig ••••••• $15.00 per day
Sec. 31-73. Driving Wrecker to Scene of Collision Prohibited, Exceptions
No person shall drive, or cause to be driven, a wrecker to the
scene of a collision on a public street in the City of Lubbock unless
such person has been called to the scene by the Lubbock Police Depart-
ment or by a party involved in the collision; provided that when a
wrecker is involved in a collision, it shall not be in violation of
this Section.
Sec. 31-74. Solicitation of Wrecker Business Prohibited on Public Street.
No person shall. solicit in any manner, directly or indirectly, on
the public streets of Lubbock wrecker business involving a vehicle
wrecked on such streets.· This prohibition applies regardless of
whether such solicitation is for the business of towing, removing,
repairing, wrecking, storing,trading, selling or purchasing such
wrecked vehicle. The presence of a wrecker at the scene of a collision,
which wrecker was not called by the Lubbock Police Department or a party
to the collision shall be prima facie proof of such solicitation as is
herein prohibited.
Sec. 31-75. Interception of Police Calls Prohibited.
No person for purposes of facilitating violation of this Article or
of any other law or ordinance shall intercept any message emanating on
Lubbock Police Department radio frequencies or frequencies that may in
the future be assigned the Lubbock Police Department, nor shall the
contents of any such intercepted message be divulged to another for
purposes of facilitating violation of this Article or any other law or
ordinance.
Sec. 31-76. Private Parking Hauls.
(a) No permit holder shall tow a vehicle parked on a private parkin$
lot within the City of Lubbock onto a public street within the City of 1
Lubbock unless the parking lot has signs readable day and night promi-
nently placed at all entrances specifying those persons who may park in
the lot and prohibiting all others from parking there.
(b) Whenever it becomes necessary under this Section for the permitl
holder to disassemble parts of a vehicle in order to tow such vehicle, thJ
permit holder shall reassemble such parts upon reaching his place of !
business.
(c) No permit holder shall give any form of compensation to the
owner or operator of a private parking lot from which the permit holder
has a towed a vehicle.
(d) No permit holder shall have the owner of a vehicle which has
been towed from a private parking lot sign a release from liability un-
til the owner has inspected the vehicle. Any such release shall contain
a notation of such inspection as well as an enumeration of any damages
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alleged by the owner to be the responsibility of the permit holder. The
release shall be a full release except as to specifically enumerated
damages.
(e) A permit holder removing a vehicle from private property shall
immediately upon completion of the tow notify the City of Lubbock Police
Department of such removal. Such notification shall include the fol-
lowing:
(1) The physical description and license number or vehicle
identification number, if there are no license plates, of the
vehicle to be removed;
(2) The name of the permit holder removing the vehicle; and
(3) The location of storage of the vehicle.
(f) The maximum fee which may be charged by a permit holder for the
removal and impoundment of a vehicle from a private parking lot under
this Section is thirty-five dollars ($35.00) for removal and five dollars
($5.00) per day storage, not including the first 24 hours.
Sec. 31-77. Police Wrecker Rotation Lists.
(a) The Lubbock Police Department shall establish and maintain
Class I and Class II wrecker rotation lists. Wrecker businesses upon such
lists shall be rotated upon the basis of one week of service at a time. A,
wrecker business is qualified to be listed upon the Class I list if:
(1) At least four certified wreckers of at least 7,500 pounds
gross vehicle weight are maintained ready for use.
(2) A 24-hour wrecker business with continuous phone service is
maintained seven days a week during weeks when the business is
on wrecker rotation call.
(3) A vehicle depository with a capacity of at least 200 auto-
mobiles upon a single site is maintained within the City of
Lubbock's police jurisdiction. If such storage is outside,
the storage area must be completely enclosed by a fence of not
less than six feet in height, topped with barbed or safety
wire, and lighted by not less than two mercury vapor lights
illuminating the entire storage area. Vehicles shall be stored
not less than two feet apart and arranged to accommodate safe
and prompt removal upon request.
A wrecker business is qualified to be listed upon the Class II list if in
addition to meeting the requirements of paragraph (a)(2) and (a)(3) of
this section, at least one certified wrecker of at least 28,500 pounds
gross vehicle weight,is maintained ready for use.
(b) When the police officer investigating a collision determines
that any vehicle involved in such collision is unable to safely proceed
under its own power, or when the police officer determines that the
driver of a vehicle involved in a collision is unable to safely move the
vehicle to a location where it will not create a traffic hazard, the
officer shall request the driver to designate a person, wrecker business,
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auto repair shop, auto dealer or auto club that he desires to have remove
the vehicle. When such designation has been made, the officer shall com-
municate the designation to the Police Department, which shall cause the
designated party to be called and directed to the scene of the collision.
(c) If the owner of a vehicle involved in a collision which must
be removed by wrecker is unable, fails or refuses to designate the
person, wrecker business, auto repair shop, auto dealer or auto club
that he desires to have remove the vehicle, the officer shall notify the
Police Department, which shall call the wrecker business on call on the
appropriate wrecker rotation list to remove the damaged vehicle.
(d) Failure of the wrecker business called to respond with an appro-
priate class wrecker at the scene of the collision within thirty (30)
minutes of notification without justification acceptable to the Police
Department shall cause the permit holder to forfeit that call to the next
wrecker business upon the appropriate wrecker rotation list. Failure to
respond two times during a week of wrecker rotation list duty without
justification acceptable to the Police Department shall be cause for the
wrecker business to be passed over for its next turn at wrecker rotation
list duty. A wrecker business which has been passed over two times within
a one year period shall be removed from the list for a period of six
months upon the next occurrence of two failures to respond during a week
of wrecker rotation list duty.
(e) It shall be unlawful for a police officer at the scene of a
collision to directly or indirectly recommend to any person the name
of any person, wrecker business, auto repair shop, auto dealer, or auto
club as wrecker; or to influence or attempt to influence in any manner
the decision of any person choosing or selecting a wrecker.
(f) A wrecker business desiring to be placed upon either wrecker
rotation list shall be required to make written application to the Police
Department of the City of Lubbock and shall execute an agreement to hold
the City of Lubbock harmless from any and all claims arising from per-
formance of wrecker services in connection with such listing upon a
wrecker rotation list.
(g) In the event that a police officer initiates the tow of a
vehicle without the knowledge of the owner of the vehicle, the Police
Department shall as soon as possible attempt to determine the owner of
such vehicle and notify such person by the fastest available means of
the impoundment of the vehicle.
(h) The owner of a vehicle impounded as a result of a police initi-
ated tow may obtain the immediate release of his vehicle and challenge
the impounding decision by paying the amount of towing and storage
charges against the vehicle to the Lubbock Police Department as a cash
bond. Upon receipt of the cash bond, the Police Department shall require
the wrecker business holding the vehicle to release it to the owner and
shall schedule an administrative hearing on the matter by the Chief of
Police or his designated representative within ten (10) days. If the
decision to impound the vehicle is ruled to have been proper and no appeal
is taken, the cash bond shall be forwarded to the wrecker business that
impounded the vehicle. If the decision to impound the vehicle is ruled
not to have been proper, the cash bond will be returned to the owner and
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the City shall be responsible for the tow and storage charges. The City
shall not be responsible for damages to the towed vehicle or loss of pro-
perty from such vehicle. Such claims shall be the responsibility of the
wrecker business conducting the tow and storage of the vehicle. If an
owner is not satisfied with the decision resulting from the impoundment
hearing, an appeal of said decision may be made to the Permit and License
Appeal Board in accordance with the City Ordinance creating such Board.
In the event that the property owner fails to appear at a scheduled hear-,
ing, or the Perm.it and License Appeal Board upholds the initial decision, I . I the cash bond shall be forwarded to the wrecker business that conducted the
tow and storage of the vehicle. This section shall not apply to vehicles I
held by the Lubbock Police Department under authority of state or federal
laws. I
Sec. 31-78. Duties of Permit Holders.
(a) It shall be the obligation of all permit holders under this
article to operate wreckers so as to provide safe and prompt removal
of wrecked or disabled vehicles from public streets of the City of
Lubbock when properly called upon to do so in accordance with provi-
sions of this Article.
(b) The duty to provide safe and prompt wrecker service upon call
includes, but is•not limited to, the following specific duties:
(1) Upon receiving a call from the Police Department, the
permit holder shall immediately dispatch the requested capa-
city wrecker to the desired location, or, if the permit holder
does not wish to respond or cannot respond for some reason,
then he shall so inform the Police Department at once.
(2) Upon arriving at the scene of a collision within the City
of Lubbock, the perm.it holder shall take direction from the
Police.Officer in charge of the investigation of the collision,
in accordance with state law.
(3) The personnel of a permit holder hauling a vehicle from
the scene of a collision within the City of Lubbock shall remov
all debris of the collision from the street. This duty specifi
cally includes the removal of broken glass and metal fragments
and the spilled load of any vehicle. Such debris should be
disposed of in a manner which will keep it out of gutters,
storm sewers, streams, public right of way, and property not
. bel~nging to the wrecker without consent of the property owner.
The Officer on the scene may assist in locating a place for
disposal of such debris.
(4) If. a permit holder is requested to tow a vehicle to a
particular place of repair and such repair business is not open
at the time of the tow, then the permit holder shall complete
the tow to the designated place at the earliest possible time
and shall not charge for storage until such time as the re-
pair business is open.
(5) No.permit holder shall store any vehicles or wreckers on
public streets or public right of way in the City of Lubbock.
Permit holders shall use reasonable care in the towing and
storage of vehicles so as to minimize the possibility of
further~age or theft.
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. ~-•.._ ' . , . ..,. (6) All permit holders shall comply with all state laws and
City ordinances, including zoning, health and fire prevention
ordinances.
Sec. 31-79. Penalties.
Violation of any of the provisions of this Article shall be subject
to such administrative action as are set out herein in addition to
being guilty of a misdemeanor and, upon conviction thereof, subject to
a fine not to exceed two hundred dollars ($200.00).
SECTION 2. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid for
any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method as provided by law.
SECTION 4. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars
($200.00) as provided in Section 1-5 of the Code of Ordinances of the City of
Lubbock.
AND IT IS SO ORDERED.
Passed by the Council on first reading this _2.t,b day of July , 1981.
Passed by the Council on second reading this23.r,d._ day of _ _,.J~n~l+Y----' 1981.
B~
ATTEST:
APPRO~D_AS ~O CONTENT:
APPROVED AS TO FORM:
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APPLICATION VOR WRECKER SERVICE BUSINESS
(Ordinance 8203)
Name of Owner(s)/corporation
Trade Name
Business Address ______________ Phone: ______ _
Driver's Lie. No. ______ _
Number of wreckers in operation:
Applicant's Date of Birth:
Category: Class I
Class II
Name and address of owner(s) and/or corporate officers, as the case may be:
Name
Name
Address
Address
Name of owner of wrecker(s) if other than stated above:
Name
Name
Address
Address
Public liability and property dalll3ge insurance:
Certificate from City Tax Assessor-Collector
that all prppefty, real and personal is current \copy attaclll!dJ
PtJblic liability insurance (copy attached)
Property damage in~urance (copy attached)
(Name of Carrier)
I, ----------------• owner and operator of ___________ _
--------• hereby affirm that the information contained in this application is
true and correct to the best of my knowledge.
THE STATE OF TEXAS
County of Lubbock
City of Lubbock
Applicant
SUBSCRIBED and sworn to before me, the undersigned Notary Public for said county
and state, this _____ day of __________ , 19 ___ _
(Seal) Notary Public
Permit Fee ($50.00) Applicant has complied with Ordinance 8203:
APPROVED Date ____ _
City Manager
DISAPPROVED: Date ____ _
City Manager
Reason for Disapproval:
1.
Certificate No.
Certificate No.
Certificate No.
Certificate No, ___ _
Certicicate No. ___ _
CERTIFICATE OF COMPLIANCE
(Vehicle Information)
Make and Model
VIN Lie, No, Owner of vehicle: ______________ _
Make and Model
VIN
Owner of vehicle:
Make and Model
VIN
_____ Lie. No. ______ _
_____ Lie. No, _____ _
Owner of vehicle: ______________ _
Make and Model
VIN
Owner of vehicle:
Make and Model
VIN
____ Lie, No, ______ _
_____ Lie, No. _____ _
Owner of vehicle: ______________ _
AMOUNT PAID $ ______ _
NOTE: The yellow copy of the CERTIFICATION PERMIT is to be returned with the
Application; the Police Department is to retain the pink copy; the white
copy is to be given to the Applicant.
Police Chief
I I I I I I I I I I I
Business Permit No, _______ _ Fee Paid $, ___________ _
Date of Issuance : ________ _ Date of expiration:
City Secretary-Treasurer
2,
TO:
FROM:
CITY OF LUBBOCK
LEGAL OPINION
Don Vandiver, First Assistant City Attorney
David Patterson, Law Clerk
SUBJECT: Wrecker Business -Anchor Auto Salvage
DATE: July 17, 1981
The Code of Ordinances of the City of Lubbock, Texas, Chapt. 31, Art. VI,
Sec. 31-64 requires any person who engages in the wrecker business within the
City to possess a valid permit for the operation of such a business. Wreckers
used in the business must also have a valid certificate and comply with all
equipment and safety regulations before they can be driven.
A wrecker business is defined in Art. VI, Sec. 31-63 as:
The< business of towing vehicles not ~.2!},E!ii;n.s t.p,...,th,~t,!?.,~!-E.8-J!,~rson
on a pu~j-~'':".~.,Ere!:, 1:.-!;!!!;.~!1 .. ~~e .!P.~ .. oJ.P5!!,:te~~,ll.;'2~ ... 2!..£!?.£,.f.~J,y," of
.. Lubboc~_,0,.'f .. S~~~,L..'ii'...,;\.,tlh~~~e.nsation ang.l or ,r$2W a including the OE era t,iop., of a w~~.s-Jter or wr,eck1:,7;~ .!:,~~
connect io~t:b.~..st,~ .. J;u;i..Rine.ss--~-·.
With this definition in mind, a wrecker used exclusively to tow vehicles
owned by the towing person would not bring that person or his business within
the definition of a wrecker business despite the fact there is some indirect
compensation involved. Therefore, such an operation would not be required by
Sec. 31-64 to obtain a permit or a certificate for its wrecker truck.
However, it would be advisable for anyone operating a wrecker truck
within the City to comply with this ordinance. Any deviations from a course
of conduct that involves towing only vehicles owned by the towing person could
result in the application of the requirements of the Wrecker Ordinance to that
wrecker operation and a possible fine. Furthermore, the purpose of enacting
the Wrecker Ordinance was not only to prevent fraudulent and unethical business
practices, but to provide safety standards for the operation of such businesses.
The potential liability of a business that deviates from its course of conduct
bringing it within the Wrecker Ordinance could be great. Not only could the
business be prosecuted and ~ined for noncompliance, but the private citizen
who may be injured in an accident involving a wrecker that does not comply
with the permit requirement and the safety standards set forth in the Ordinance
may subject that business to a higher degree of liability or may have an
easier time proving liability in court.
For instance, if it could be proven that the lack of safety equipment
required by the Ordinance was a cause of the accident, that the harm caused
was the type of harm to be prevented by the Ordinance, and that the person
injured was in the class of persons to be protected, the result could be a
finding of negligence per se. It has been held that violation of a city
ordinance may be negligence per se if these requirements are met. Marshall v.
Joske's, Inc., 581 S.W.2d 192 (Tex.Civ.App. 1979, no writ), Martinez v. Martinez,.
553 S.W.2d 211 (Tex. Civ.App. 1977, no writ).
, '
... . .
Conclusion
Although Anchor Auto Salvage would not fall within the defenition of the
wrecker ordinance, it would be advisable to make them aware of the possible
consequences of their noncompliance and encourage then to voluntarily submit
to the requirements of the Wrecker Ordinance. The purpose behind excluding
persons who tow their own vehicles from the definition of a wrecker busines
was to enable private citizens to tow their own vehicles without having to
call a towing service. Private citizens are not in the business of regularly
towing vehicles on the streets of Lubbock. Anyone who is engaged in this type
of activity on a regular basis and chooses not to comply with the Ordinance
may find ·that the cost of noncompliance will outweigh any savings achieved
through choosing not to expend the funds to meet the requirements of the
Wrecker Ordinance.
DP:da
The State of Texas
County of Lubbock
Before me, Gilberto P. Ortiz, a Notary Public in and for Lubbock
County, Texas on this day personally appeared Bidal Aguero of
Amigo Publications, publishers of El Editor, weekly newspaper,
who being by me. duly sworn did depose and say that said news-
paper has been published continuously for more than fifty-two
week?7~rior to.the first insertion of this City Ordinance
No. ~"-Q3 at Lubbock County, Texas and the attached
printe copy of the City Ordinance is a true copy of the ori-1 11 gina~l . d was_ pr:n.t.~d in. El Editor on the following dates· :'.11«1rd'f 1-~ _ ~31 , /'::t.K.l · >
E$.~p
Amigo Publications
Subscribed and sworn to before me this.:JffJ day 0£.Aep-/, , 1981.
~".lf~t e ~4 ierto ~ Ortiz
Notary Public
',, ·1 11"' •·
. City"'_Ordinan~es
Ordinance No. 8203
An· Ordinance . amending , permits and ·· certificates;
F Chapter 31 of the code of providing for·maximum-fccs·
! . Ordinances of the City of prohibiting driving wreckers t~
i Lll~bock. , Texas, by adding scene of collisions, solicitation
; ···thereto . a. . new· Article VI of wrecker business, interccp-l ·. entitled. "operation of wreckers : tioh of police radio ~-
and wrecker, businesses"; · · rcs~ricting private parlcin;
providing definitions: hauls; providing for a· police
providing for permits; wrecker rotation _list; setting
providing !or <wrcclcer . ·• . out duties_ of permit holders;
· certification and equipment ' · providing :a iavings clause; ,._
·. and safety standards; providing . . providitlg for publication; and .. L forauspemion orrcvocati~~-~r ..•.. ,!,~~~ • pc~ty. · ·. -~ , ·