85-22 O - Regulation of Wrecker Service ORDINANCE NO. Q `, 'a-�-
11110
AN ORDINANCE OF THE CITY OF PROSPER, TEXAS, REGULATING THE
OPERATION OF WRECKER SERVICES WITHIN THE CORPORATE LIMITS
OF THE CITY; ANDAND—PROVIDtNt7t=2ENALTX--G-LIPAJOE, A SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Prosper , Texas finds it
necessary to establish regulations governing the operation of wrecker
services within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS, THAT:
SECTION I : Definitions .
46 For the purposes of this article , the following words and phrases
shall have the meanings respectively ascribed to them by this section :
( a) Emergency call - means any call and request for wrecker
service arising out of , from, or as a result of a wreck , motor
vehicle accident or collision on the public streets , highways and
alleys lying within the corporate limits of the City, or any call
for wrecker service initiated by the City of Prosper at any other
time , whether such call is transmitted by private individual in
person or by telephone , or transmitted by radio or otherwise .
(b) Approved Operator - means a wrecker operator who has
entered into a wrecker service agreement with the City of Prosper and
4iiis thereby qualified to tow vehicles at the direction of the Chief
of Police .
(c) Police Department - means the Chief of Police .
(d) Wrecker - means a truck-mounted crane or A-frame , with
either power or mechanical boom and hoist , or winch and hoist , or any
combination thereof , which vehicle is commonly used to move , tow, and
convey wrecked and disabled motor vehicles , vehicles , trailers or
semi-trailers , or both , from the scene or situs of a wreck , motor
vehicle accident of collision.
( e) Wrecker operator - means any person who owns and operates
Colea wrecker within the corporate limits of the city , who is regularly
engaged in the business of repairing , rebuilding , storing , wrecking ,
selling or trading wrecked and disabled motor vehicles , vehicles ,
trailers , or semi-trailers , or both.
SECTION II: Wrecker Service .
The City shall have the power and authority to prepare specifi-
cations for approving wrecker operators. The Mayor may execute a
contract with any wrecker operator who complies with such specifica-
tions , granting such operator the status of "Approved Operator . "
• SECTION III : Promulgation of additional requirements by Chief
of Police .
The Chief of the Police Department shall have authority to
promulgate other reasonable rules , regulations , and requirements as
may become necessary to assure that the Approved Operator protects
the vehicles and vehicle contents .
SECTION IV: Inspection.
The Police Department shall have authority to inspect all
wreckers belonging to Approved Operators to insure the wrecker
operator' s continued compliance with Section III hereof .
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SECTION V: Rates .
Maximum rates for wrecker services provided to the City of
Prosper shall be specified in the contract provided for in Section II
hereof .
SECTION VI : Towing for the City of Prosper .
No person shall provide wrecker service to the City of Prosper
without first becoming an Approved Operator; provided , however ,
nothing herein shall prohibit the City of Prosper from utilizing the
services of non approved operators for towing services originating
outside the corporate limits of the City or in the event of an
46,,.,
emergency.
.
SECTION VII : Ordering wrecker service .
`••� The Chief of Police , or his designated representative , may call
upon a wrecker operator for service or emergency service whenever ,
in his discretion , such service is reasonably required under any
ordinance or statute or would be in the best interests of the
citizens of Prosper .
SECTION VIII : It is hereby declared to be the intention of the
City Council that the sections , paragraphs , sentences , clauses , and
phrases of this ordinance are severable , and if any section, paragraph,
sentence , clause or phrase of this ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court of
*111W competent jurisdiction , such unconstitutionality or invalidity
shall not affect any other remaining section, paragraph , sentence ,
clause or phrase of this ordinance ; and the City Council hereby
declares it would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional .
SECTION IX: This ordinance shall become effective immediately
from and after its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS , this the 7 day of (2Zg�,-4j_,./ , 1985.
Mayo
ATTEST
•
ity Secre ry