Page 1 ete ORDINANCE NO. 1622 WHEREAS, it is desirable to adopt a- thorough and encompassing Ordinance regulating the operation of wreckers within the police jurisdiction of the. City of Prichard, and, WHEREAS, it is. desirable to- repeal or amend alli. Ordinances previously adopted relating to the operation of, wreckers within the- police jurisdiction of the City of Prichard, it is,. therefore, ORDAINED by the City Council of the City of Prichard, Alabama as, follows: SECTION 1. For the purposes of this Ordinance, the following terms, phrases and words shall be defined as follaws: (A) Chty — “the: - city. of. Prichard, Alabama and its police jurisdiction; 4B) Person - Any . individual, firm, partnership, association, corporation, company, or organization of any kind; oF oo (C) City Street ~- Any. street, highway, (road, ineluding the right-of-way of -any street, highway,” “pr. road, alley, public place, park, or any private property upon which entry ~ is permitted to the City by- ‘consent, ‘law, or. ordinance, within the: corporate iimits or- the Police jurisdiction of the City; °. - (2) Owner - Any person holding eee title to a motor vehicle or who has the legal right to possession thereof; (E) Motor Vehicle - Shall mean every vehicle which is self-propelled, except er devices moved only by human power, or used exclusively upen stationary rails or tracks, or which is a trailer or semi-trailer; ° {F) Wrecker - Shall mean any motor vehicle used for the purpose of towing or removing motor vehicles from streets; {(G) Wrecker Business - Shall mean the business of Page 2 go operating a wrecker for a profit; {H) Wrecker Company - Shall mean any person engaged in the wrecker business; {I) Wrecker Rotation Bist ~ The rotation list of ‘wrecker companies prepared and used as provided in this a . Ordinance; - (J) Fire Extinguisher - Shall mean a portable fire extinguisher as defined by the National Board of Fire Underwriters, being at least a. fifteen (15) pound carbon dioxide, or twenty (20) pound ary chemical extinguisher, with Underwriters Laboratory approval, in a quick release earrier, and inspected by the Prichard Fire Department ithin the previous twelve (129 months; : . . _® principal 1 Ziace of business: - the place where a _ by. “the city. and ‘shai ‘state ‘ay The applicant! ‘s name, home address, and { principal place of business. (B} A description of the wreckers owned or operated by the applicant. , . (c) The hours of operation’ of the wrecker business for. each day of the week. (D) A description of the space that the applicant has available for the storage of towed motor vehicles. {E) Such other information as the City shall find reasonably necessary to effectuate the purposes of this sore i PO RB, Page 3 cdinance,. SECTION business until the following minimum requireménts have been met. {A) Wreckers: wrecker business shall have the follewing equipment or meet the following description: (1) (2) (3) 14) a wd (5) (6) rn a A A | I FR SE 4. No permit shall be issued for any wrecker “Factory recommended three quarter (3/4) ton * and boom with a factory rated lifting . ‘the wacker orang part: thereof, yO Each wrecker proposed to be used in the capacity dual wheels. Dummy dual wheels are prohibited. A power operated winch, winch line. capacity, or a tested capacity of not less, than four thousand (4900) pounds single line capacity. Hand a operated winches are A rubber cradle ox cradles attached to “the.: “wrecker in order to" prevent any vehicle being hauled or towed from being further damaged hy — coasting, rocking, swinging, or slamning into rom 7 Con : : . i 7. There shall be placed on wrecker as “epson ane standard equigment, tow bars, safety chains, a fire. extinguisher, wrecking bars, brooms and an axe. There shall be further proof furnished that the wrecker company has one dolly available for its wreckers when and if 3 necessary, and that the name ‘or, number of the ey wrecking company be permanently affixed to said dolly. nysnensey e segaccer A flashing yellow light affixed to the top of the cabin.of the wrecker. The name, address and telephone number of the wrecker company be permanently affixed and Page 4 displayed on both doors. {(B) Insurance Policies: The deposit of the following insurance policies with the City License Officer of the City shall be required: ‘ (1) A general garage keeper's liability policy covering damage to property in the minimum amount of Fifty Thousand Dollars ($50,000.00), subject to no more than a-Fifty Dollar ($50,00) deductible clause. . (2) A general garage keeper's liability policy ~ covering bodily injury or-death in the amount, of One Hundred Thousand Dollars ($100,000.00) for” any one person killed or injured and Two. Hundred Thousand Dollars ($200, 000.00) for- “more ¢ than one person “killed or ‘injurea “in any" one_incident. 3 1 3 2 0 0 259 989 773 105 -1 4 1 3 2 1 0 259 989 767 71 -1 5 1 3 2 1 1 259 1013 6 4 41.240578 . 5 1 3 2 1 2 343 1010 58 33 47.967281 BY, 5 1 3 2 1 3 415 1012 25 16 59.084278 A: 5 1 3 2 1 4 448 1011 109 23 69.373169 general 5 1 3 2 1 5 569 1007 143 52 46.646851 liability 5 1 3 2 1 6 723 999 97 59 94.249077 policy 5 1 3 2 1 7 833 989 133 71 86.871437 covering 5 1 3 2 1 8 967 1004 59 44 55.657356 the 4 1 3 2 2 0 367 1043 665 73 -1 5 1 3 2 2 1 367 1043 10 8 45.488647 . 5 1 3 2 2 2 418 1044 142 60 94.296844 operation 5 1 3 2 2 3 571 1063 37 34 92.087051 of 5 1 3 2 2 4 612 1044 59 48 68.108154 the’ 5 1 3 2 2 5 670 1043 187 73 47.671474 ‘applicant's 5 1 3 2 2 6 852 1047 146 69 62.156464 business. 5 1 3 2 2 7 1000 1065 32 29 63.956234 wy 2 1 4 0 0 0 617 960 414 53 -1 3 1 4 1 0 0 617 960 414 53 -1 4 1 4 1 1 0 617 960 414 53 -1 5 1 4 1 1 1 617 960 414 53 95.000000 2 1 5 0 0 0 156 1070 969 301 -1 3 1 5 1 0 0 156 1070 969 301 -1 4 1 5 1 1 0 156 1070 969 301 -1 5 1 5 1 1 1 156 1070 969 301 95.000000 2 1 6 0 0 0 1020 1070 9 5 -1 3 1 6 1 0 0 1020 1070 9 5 -1 4 1 6 1 1 0 1020 1070 9 5 -1 5 1 6 1 1 1 1020 1070 9 5 95.000000 2 1 7 0 0 0 991 1080 44 14 -1 3 1 7 1 0 0 991 1080 44 14 -1 4 1 7 1 1 0 991 1080 44 14 -1 5 1 7 1 1 1 991 1080 44 14 95.000000 2 1 8 0 0 0 550 1357 575 14 -1 3 1 8 1 0 0 550 1357 575 14 -1 4 1 8 1 1 0 550 1357 575 14 -1 5 1 8 1 1 1 550 1358 16 13 95.000000 5 1 8 1 1 2 1061 1357 64 14 95.000000 2 1 9 0 0 0 343 1346 761 362 -1 3 1 9 1 0 0 407 1346 684 154 -1 4 1 9 1 1 0 407 1346 656 69 -1 5 1 9 1 1 1 407 1346 143 48 16.497948 ineident. 5 1 9 1 1 2 562 1347 73 49 29.479782 end Twenty-five ‘Thousand Dollars ($25,000. 00) for all. property damage arising, out of any- one- incident. (4) Each policy required hereunder shall. contain an endorsement providing for thirty (30) days notice to the License Officer of the City, prior to any material change therein or cancellation thereof, (C). Principal Place of Business: The principal place of business shall meet the following requirements: ” (1) There shall be sufficient space available to Page 5 QO accommodate a minimum of ten (10) motor vehicles, and enclosed by a six foot (6') chain link fence and gate. However, an applicant ‘nay not be required to eract a fence if satisfactory evidence is submitted that the space is secure and that to require the erection of the fence would produce an undue hardship. Provided, however, that the cost of erecting a fence shail not in and of itself be considered an undue ‘hardship. (2) Wreckers used in the wrecker business shail be at or shall leave from ithe principal place of business on wrecker ‘calls, during the hours of _Speration « of ‘the wrecker business manned by a wrecker coupany employee at, ait we Menges times that the: wrecker company is operating .. complied “with, and upon bein satisfied ‘by! the Zicense . officer of the City that the ‘wrecker ‘company has procured all necessary City licenses, and has deposited with the’ City License Officer all insurance policies required by the provisions of this Ordinance. The .permit issued by the Chief of Police shall be affixed to each wrecker and shall not be transferable. . SECTION 6. Each wrecker company qualified to operate | in the City of Prichard shall obtain a certificate of safety inspection from the City of Prichard Municipal Garage within the first ten days of January and within the first ten days FRAN = s ec RUT Page 6 si of each calendar year after che initial registration Such inspection shall determine the sondition and operability of the wrecker's tires, brakes, steering mechanism, wheel alignment, frame, springs, cables, winches, rear view mirrors, turn indicators, lights (including flashing yellow light on top), and windshield wipers. Such inspection shall further indicate that such wrecker is properly equipped with all of the facilities required by this Ordinance, Such certificate shall be kept in the wrecker at all times. SECTION 7. It shall be unlawful for any wrecker company to authorize or allow the operation of, or for any person to operate, a wrecker upon the city streets without having affixed securely thereto a permit issued by the Chief of Police for said wrecker and having located in the wrecker a certificate of ‘safety inspection from the City Municipal Garage for the current calendar year. . Upon conviction, a violation ef this portion of the Ordinance shall be punished by a fine of not more than $500. 00, and/or as otherwise provided herein 1 No person, agent or “employee, of a wrecker company shall drive a. wrecker to - “or near ‘the scene of an accident or collision on the streets = the ‘City and park the same unless such wrecker has~ been. called ‘to the. scene -of the accident or collision by the Police Department of the City, nor shall any representative, agent or employee of a wrecker company solicit business for a wrecker company at the scene of an accident or collision. Upon conviction, a violation of this portion of the Ordinance shall be punished by’ a fine of not more than $500.00, and/or as otherwise provided herein. 7 SECTION 9. No person shall in any manner solicit wrecker business on city streets. The presence of any wrecker parked at or near a motor vehicle in need of wrecker Page 7 wy, ir < B. a hy a ¢. i i~ ba y oO yg % ima facie evidence of a solicitation in Gpon conviction, a violation of this portion of the Ordinance shall be punished by a fine of not more, than $500.00, and/or as otherwise provided herein, ms SECTION 10. Upon receipt of proof satisfactory to the Chief of Police, that any wrecker company has violated any of the provisions of this Ordinance, or any other Ordinance of the City of Prichard or law of the State of Alabama, the Chief of Police may, in his discretion, remove such wrecker company's name from the master rotation list for such length of time as shall, in the discretion of the Chief of Police, _be sufficient in order to procure future compliance by said company; or in the discretion of the. Chief of Police, until he received written assurance from such wrecker company: that they will comply with the provisions of this’ Ordinance in the future. Three such suspensions or removal of a.wrecker company's name from the wrecker rotation list shall be sufficient’ grounds for the revocation or suspension of all wrecker licenses and wrecker permits issued to such company by the City of Prichard. ‘SECTION 11) Wrecker companies authorized to operate on city streets pursuant to the provisions of this Ordinance shall have the right to tow motor vehicles from the city streets upon being called by the Police Department, as follows: (A) The Contract Wrecker Company: The contract wrecker company shall be called in accordance with the terms of its contract with the City, and the ordinance adopted in_ connection with said contract, the terms of. said. Ordinance and contract being adopted herein and made a-part hereof as i= fully set out. (B) Owner Preference Wrecker Company: In all cases where the contract wrecker is unable or not authorized to Page 8 U Oe § ) sOw a motor vehicle, and she owner of said motor vehicle SxXpresses a preference as to a particular wrecker company, ice Department shall call said owner preferred wrecker company. The Chief of Police shall cause an owner preference selection form to be prepared. When a. police officer determines that a wrecker is needed, he shall request the owner to gesignate in a blank space provided on said form the wrecker company he desires, and the.-place to which he desires the motor vehicle removed. . The form shall contain a statement authorizing the Police Department to call said wrecker company, said statement to be signed by the owner. The form shall also contain a statement that the owner has no preferred wrecker company which shall be -signed by the. owner in that event.. The owner preference’'selection forms shall be filed in Police Department records. Rotation List Wrecker Companies: ‘There shall be Maintained by the Police Department, a rotation list as provided herein, Rotation list wrecker companies shall be called in accordance therewith in the event that the contract wrecker is unable or nnauthorized to tow the particular motor vehicle and the owner ‘has no preference, as physically unable to sign the -owner preference selection form, or refuses to sign the owner preference selection form. The Chief of Police shall cause an alphabetical master wrecker rotation list to be prepared. on receiving the first communication for a rotation list wrecker company, the communications officer shall call the first wrecker company on the list. In each succeeding communication, the next rotation list wrecker company shall be called. A proper notation of each call shall be made on the master list. In order to be on the rotation list, a wrecker company must have its principal place of business within the police Page 9 ( oN jurisdiction of the City, have applied to be on the rotation list, maintain twenty-four (24) hour, seven (7) day ver week, wrecker service, and have fully complied with each and every requirement of this Ordinance. ‘The contract wrecker Shall not participate on the rotation list, and shall not be a rotation wrecker. SECTION 12. A motor vehicle towed by the contract wrecker shall be taken to the principal place of business of the contract wrecker. A motor vehicle towed by an_owner preference wrecker - company shail be taken to the -destination designated by the owner on the selection form, or to. the principal place of business of the wrecker company in the event there is no er and the designation, or as is agreed upon by the wrecker company..’ me . . nt : A motor vehicle, towed by a: rotation ‘List wrecker | 4 company shall be taken to the destination designated by the owner an the selection form, or ta the principal place of business of the wrecker . “company in the event there is no. designation, or as. by - 7 wrecker company. In the. event. “that a. motor “wehiclé. ‘ts. towed. to. a location not designatea on the “selection form, ° ‘or ‘to the ‘ 4 principal place of business of ‘the wrecker company, the wrecker company shall have the duty to notify the Police Department as to the location to which the motor vehicle is. towed, and that it is towed to that location with the permission of the owner. SECTION. 13. Rotation list wrecker companies shall not charge more than the following rates: (A) $45.00 for each automobile or truck of one and one~half (1/5) ton or less towed to a destination within the police jurisdiction of the: City. ({B) $135.00 per hour for each truck over one and one~half (1/%) ton towed to a destination within the police furisdiction of the City Page 10 is (E) Whenever the - owner ‘of a motor vehicle designates a {c) In addition +o the tow charge, each wrecker shall pe permitted to charge not more than $15.00 for each tire ~ required to be changed at the scene of the wreck; $20.00 for pulling the drive shaft of any vehicle should the same be required, and $35.00 for the use of any dolly on any wrecker vehicle. (D) When any motor vehicle is in a diteh or a creek, i a charge of not more than $35.00 per hour for each wrecker needed and used, and not more than $15.00 per man for each man needed and used (other than the driver of each wrecker) may be charged for removing said moter vehicle from said = an ditch or creek. In-the event that the motor vehicle is. towed after removal from the ditch or creek, then the charge for removal fon the ditch ‘Or creek may be in addition “to the charges allowed for “towing, etn any location within the police. ‘Jurtediction of “the. city, the towing to that ogation. an the. event that “the ower does ‘not designate a . docation, the wrecker compan may change an: police jurisdiction of. the city. (F) Each wrecker company shall be entitled to charge $3.00 per day storage for each motor vehicle kept in storage : by said wrecker company after the expiration of twenty-four PETES (24) hours from the time said motor vehicle is first Placed in storage with said wrecker company. SECTION 14, It is hereby declared and determined that Fo papers oe : wreckers are not emergency vehicles within the provisions of 5 the Traffic Code of the City, and such wreckers shall comply with all laws and Ordinances relating to motor vehicles. SECTION 15. In addition to the other provisions of this Ordinance, any license or permit issued pursuant hereto Page 11 ms +8 subject to suspension or revocation for violation of the provisions of this Ordinance under procedures providing for the suspension or revocation of other City business licenses. 7 SECTION 16. Notwithstanding any other provision of this Ordinance, a police officer, when in the exercise of his discretion, determines that an emergency exists endangering life, health, or Property,. requiring an immediate towing -of a motor vehicle, may direct the police communications officer to call the closest available wrecker. This call shall be counted as the next turn. of said wrecker company on the wrecker rotation list. SECTION 17. No permit issued _ pursuant to the provisions of this “Ordinance shall’ be -sonstmed to be a franchise grant, nor shalt at be construed ‘to belt the consent. of the City to the operation of a private enterprise upon the City's streets. . ‘SECTION 18. rt shall * be anlawfal and an offense tones against the City of Prichard for pay, any reward or remuneration, company. In adaition » any ‘other penalties’ Provided herein for violation of ‘any. provision ‘of ‘this Ordinance, a conviction for violation of this section, or a finding by the City Council, after hearing as provided” in Section i3 hereof that a wrecker company has violated this section, shall result in a permanent revocation of the license of such wrecker company and any and all permits issued to wreckers owned and operated , by such wrecker company. SECTION 19, The holding by an court of competent risdiction that any section or sub-section or clause or Phrase of this Ordinance is unconstitutional or invalid for any reason shall not affect any other section or sub-section Page 12 . or clause or phrase of this Ordinance not in and of itself io and invalid. All Ordinances or parts of Ordinances in conflict with the provisions hereof are hereby repealed. SECTION 21. This Ordinance shail be in full force and effect from and after the LP day of ee a , 1985, ADOPTED this the _ 19th day of March , 1985.