Chapter 7. Automobile Wreckers

For the purposes of this article the following terms, phrases, words and their derivations shall have the meanings given herein:

Auto wrecker. The term "auto wrecker" shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing or otherwise transporting any motor vehicle which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose including, but not limited to, the purpose of wrecking, storing or repairing the vehicle and which does not appear at the scene of an accident where a vehicle has been wrecked or disabled upon a public street or public place for the purpose or in expectation of towing one of the vehicles from the scene unless summoned there by the owner of the vehicle involved in such accident or by the police department. The term "auto wrecker" shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. This exception shall not authorize evasion of this chapter and if any vehicle, although not equipped with devices primarily used for towing wrecked or disabled vehicles is actually used for such purposes through means of ropes, chains, or otherwise, the same shall be considered an "auto wrecker," within the terms of this chapter.

Emergency auto wrecker. The term "emergency auto wrecker" shall mean an auto wrecker which appears at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or in expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident, without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident.

Heavy duty wrecker. The term "heavy duty wrecker" shall mean an auto wrecker with a manufacturer's carrying capacity certificate of no less than 6,000 pounds. All of such vehicles shall be equipped with a winch capable of lifting a minimum of 30,000 pounds and such winch line shall be at least ¾ inch in diameter. Any such wrecker shall additionally be equipped with an "A" frame capable of being used for lifting vehicles, truck trailers or equipment, air brakes and air lines, and must also have a tow bar sufficient to prevent the swinging of any equipment being transported by any such wrecker. "Heavy duty wreckers" shall qualify for licenses in the same manner as auto wreckers with the exception of fees.

Motor vehicle. The phrase "motor vehicle" shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.

Owner. The term "owner" shall be construed to mean any person or his agent engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns or is entitled to use any auto wrecker or emergency auto wrecker, and who uses the same in the conduct of his business or any part thereof.

Permit holder. The phrase "permit holder" shall mean any person, partnership, corporation or other enterprise which has a valid auto wrecker or emergency auto wrecker permit issued by the city. This term shall be inclusive of the agents of any such person, partnership, corporation or other enterprise.

Wrecker driver. The term "wrecker driver" means any individual who actually operates and drives any auto wrecker, heavy duty wrecker or emergency auto wrecker on the streets of the city, either on his own account or in the employ of another.

(Ord. No. 2092, § 1, 3-3-1975)

Every license or permit required by the provisions of this chapter shall be issued under, and subject to, the provisions of this chapter; provided, however, that no person or entity who shall be denied any such license or permit under the terms and provisions of this chapter shall again be eligible to apply for such a license or permit for a period of one year from the date of such denial.

(Ord. No. 85-072, § 1, 11-11-1985)

(a) Upon complaint being filed with the city clerk of a violation of any of the terms or provisions of this chapter, laws of the United States of America, laws of this state or ordinances of the City of Bellaire, the city manager shall, within 15 days from the date of the receipt of such complaint, hold a hearing to hear all evidence with reference to such complaint or motion. The city manager shall, upon hearing all evidence, either dismiss the complaint heretofore previously filed, suspend or revoke the permit of such permit holder as the offense shall direct.

(b) After the city manager shall have rendered an order herein, and in the event the city manager shall have revoked or cancelled the permit heretofore previously granted, the permit holder shall have the right, within 15 days from the date of such order entered by the city manager, to appeal therefrom, to the city council by filing a letter with the city clerk stating his intention to appeal therefrom. Upon the perfection of such appeal, the same shall be heard before the city council at the next regular meeting of such council at which time the city council shall hear all evidence presented, based upon the complaint or motion filed. The city council shall hear such appeal and shall either dismiss the complaint previously filed, or shall suspend or revoke the permit previously issued. The decision of the city council shall be final and binding and not subject to appeal.

(Ord. No. 2164, § 2, 10-6-1975)

Any person, partnership or corporation holding either an auto wrecker license, emergency auto wrecker license or emergency auto wrecker driver's license, shall, within ten days upon receipt of a notice of cancellation, by certified mail, return receipt requested or delivered in person, as provided hereunder, signed by the city manager or his designee, return to the city manager, all medallions, licenses or certificates issued to the holder thereof by the city. Each day the holder thereof fails to return such medallions, licenses or certificates to the city manager or his designee, constitutes a separate offense and shall be punished as hereinafter set out.

(Ord. No. 2092, § 55, 3-3-1975)

Whenever an emergency auto wrecker arrives at the place where a motor vehicle has been disabled by an accident, the emergency auto wrecker driver shall park his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic. He shall not park his vehicle within a distance of 100 feet from a wrecked or disabled vehicle.

(Ord. No. 2092, § 25, 3-3-1975)

Not more than two emergency auto wreckers owned by the same person, corporation, partnership or association representing any body shop, repair shop or company may appear at the scene of an accident.

(Ord. No. 2092, § 26, 3-3-1975)

The city manager, director of finance and chief of police are authorized to make such rules and regulations as they deem appropriate for the operation of auto wreckers and emergency auto wreckers on the streets of the city, and for the storage of any motor vehicle transported by an auto wrecker or an emergency auto wrecker to a storage facility.

(Ord. No. 2092, § 27, 3-3-1975)

Before any permit shall be issued under this chapter to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of such permit shall be granted, the owner shall be required to file and keep in full force and effect with the director of finance, satisfactory evidence that the owner has given proof of financial responsibility to the department of public safety of the state, as the term is defined in the Texas Motor Vehicle Safety Responsibility Act, and has complied with the provisions of such act, as now in force or as hereinafter amended.

(Ord. No. 2092, § 28, 3-3-1975)

(a) It shall be unlawful for any person to use the streets of the city for the operation of an auto wrecker or an emergency auto wrecker unless the ad valorem taxes on all properties used and useful in the furnishing of auto wrecker and emergency auto wrecker service shall have been first paid.

(b) The owner or operator of any property used and useful in the furnishing of auto wrecker or emergency auto wrecker service shall, on or before February 15 of each year, furnish the director of finance satisfactory evidence that all ad valorem and other taxes due the city have been paid when due. The director of finance shall have thirty (30) days after such evidence has been filed to determine whether such evidence is true and correct, and if such investigation discloses that such taxes were not paid, the director of finance shall cause the owner's permit to be suspended, cancelled or revoked.

(Ord. No. 2092, § 29, 3-3-1975)

(a) Small license plates or medallions shall be issued by the director of finance at the time a permit is issued under this chapter, which shall be attached to the rear of an auto wrecker or emergency auto wrecker, in a conspicuous location. The director of finance is hereby empowered to prescribe regulations for the displaying of signs and the location of such medallions on auto wreckers and emergency auto wreckers showing that a permit for the same has been issued under this chapter.

(b) The medallions or metal plates issued under this section are and shall always remain the property of the city.

(Ord. No. 2092, § 30, 3-3-1975)

All auto wreckers, heavy duty wreckers and emergency auto wreckers shall be provided with the following minimum equipment, which equipment shall be adequate for the purpose(s) for which it is designed and shall further be kept in usable condition at all times:

(1) Friction bumper jack, such friction bumper jack being defined as that piece of equipment commonly used in the auto wrecker business to disengage vehicles locked together as a result of an accident or collision by the application of force.

(2) One fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire extinguisher must be securely mounted on the vehicle. It must be designed, constructed, and maintained so as to permit visual determination of whether it is fully charged. The fire extinguisher must have an extinguishing agent that does not need protection from freezing. The fire extinguisher must not use a vaporizing liquid that gives off vapor more toxic than those produced by the substances shown as having a toxicity rating of 5 of 6 in the Underwriters Laboratory's "Classification of Comparative Life Hazard of Gases and Vapors." Such fire extinguisher must have an Underwriters Laboratory rating of 10B:C or more. Each fire extinguisher required by this section must be labeled or marked with Underwriters Laboratory's rating.

(3) Three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime. No flare, fuse, electric lantern or warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Public Safety.

(4) Tow bars equipped with rubber covering which covering shall be one inch in thickness and cover all of the bridle. The tow bar is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing in a rigid position, and to prevent swinging of such raised vehicle as it is being towed. When a vehicle is being towed the bar shall be in place to prevent swinging. In the alternative, a pliable nonscuffing sling may be used in lieu of the above described tow bars.

(5) Broom, such broom being that piece of equipment commonly known as a "shop" or "push" broom with a head not less than 12 inches in width.

(6) Shovel, axe and first aid kit.

(7) Winch and boom, such winch being a power operated winch line and boom with a factory rated lifting capacity (or tested capacity) of not less than 5,000 pounds, single line capacity and a boom not less than five feet in length. Winch operating controls must be operable from either side of the truck or from inside the cab.

(8) Booster brakes and size. Each wrecker licensed hereunder shall be at least ¾ ton in size and shall be equipped with booster brakes.

(9) Safety chains. Two safety chains being not less than seven feet in length and having a minimum factory test strength of 8,000 pounds.

(Ord. No. 2092, § 31, 3-3-1975)

It shall be unlawful for any person to ignite a match, lighter or any other flammable object within a distance of 50 feet in any direction from the location of a vehicular accident. It shall further be unlawful for any person to enter into such area with a lighted cigarette, cigar, pipe or other burning material. Provided, however, that the provisions of this section shall not apply to the required safety equipment described in section 7-11.

(Ord. No. 2092, § 32, 3-3-1975)

It shall be unlawful for any holder of an auto wrecker or emergency auto wrecker permit to allow any auto wrecker, heavy duty wrecker or emergency auto wrecker which is the subject of any such permit upon the streets of the city without the name of the permit holder or the name of the company under which the permit holder is doing business and the telephone number of the permit holder's place of business being clearly printed on the outside of both entrance doors.

(Ord. No. 2092, § 33, 3-3-1975)

All wrecker drivers, owners, permit holders and agents are hereby prohibited from soliciting the business of towing, removing or repairing any wrecked or disabled vehicle at the place where an accident has occurred to such vehicle, by words, cards, circulars or gestures, until such time as a police officer of the city has arrived at the place of the accident and completed his investigation.

(Ord. No. 2092, § 34, 3-3-1975)

All auto wrecker drivers and emergency auto wrecker drivers arriving at the place where any accident has occurred shall obey all lawful orders given them by any police officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty.

(Ord. No. 2092, § 35, 3-3-1975)

(a) No auto wrecker or emergency auto wrecker driver shall remove any wrecked or disabled vehicle from the place where an accident has occurred or attach his wrecker to the wrecked or disabled vehicle until the driver of the vehicle has given permission and until the police officers of the city investigating the accident have completed their investigation.

(b) The fact that no police officer of the city is present at the scene of the accident when an emergency auto wrecker or an auto wrecker summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section and it shall be the duty of any owner or driver desiring to tow or haul any wrecked or disabled vehicle from the scene of the accident to cause the police department of the city to be notified of the occurrence of the accident and to await the arrival of a police officer of the city and the completion of his investigation.

(c) In the event that the driver of a wrecked or disabled vehicle has been rendered unable by the accident to give permission to an auto wrecker or emergency auto wrecker driver to remove the wrecked or disabled vehicle, the investigating police officer shall notify the chief of police or other officer in charge of such fact and such officer shall give such orders as may be necessary to remove the wrecked or disabled vehicle from the street. In any event, with or without the driver's permission, the investigating police officers are empowered to order any wrecked or disabled vehicle removed from the scene of the accident or from the location where a disabled vehicle is hindering traffic.

(Ord. No. 2092, § 36, 3-3-1975)

It shall be the duty of the driver of each auto wrecker and emergency auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two or more auto wreckers or emergency auto wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the streets of debris, parts or glass.

(Ord. No. 2092, § 37, 3-3-1975)

The wrecker driver of an auto wrecker or emergency auto wrecker who tows a disabled vehicle from the scene of an accident shall first sign an information and an acceptance sheet to be furnished by the city police department. The selling of such right to tow any disabled vehicle is prohibited. The information and acceptance sheet shall contain the following information:

(a) A complete description of the vehicle to be towed.

(b) Any visible damage to the inside or outside of the vehicle.

(c) Any personal property contained within the vehicle.

(d) Any visible missing parts or paraphernalia.

(e) The location to which the vehicle is to be towed.

(f) The towing fee.

The wrecker driver signing for the disabled vehicle shall be able to account for the vehicle at all times. A violation of this section shall constitute the basis of cancellation of the emergency wrecker driver's license without further notice.

(Ord. No. 2092, § 38, 3-3-1975)

The holder of any auto wrecker or emergency auto wrecker permit shall be responsible and liable for any damages or losses inflicted to automobiles or other vehicles being lifted, hauled, transported or any other activity being performed by a wrecker which is the subject of the holder's permit; provided however, that this responsibility and liability shall extend only to damages caused by the negligence of the permit holder, his agent or by the improper maintenance of his equipment. Before any permit shall be issued under this chapter, an affidavit acknowledging this responsibility and liability shall be executed by the person applying for an auto wrecker or emergency auto wrecker permit, which form shall be provided by the city.

(Ord. No. 2092, § 39, 3-3-1975)

The city manager of the City of Bellaire is hereby empowered to establish and promulgate such fees and charges and rules for the application thereof, as shall from time to time be deemed necessary and desirable for emergency auto wrecker services. Such fees and charges shall become applicable and binding upon filing of a schedule of the same with the city clerk and the chief of police. such fees and charges shall apply only to nonconsent tows.

(Ord. No. 79-034, § 1, 6-18-1979; Ord. No. 85-072, § 2, 11-11-1985)

Every holder of an emergency auto wrecker permit shall provide a form of wrecker ticket containing the following information:

(a) Name and address of wrecker company and wrecker driver's name.

(b) Name and address of the vehicle owner (if known or ascertainable).

(c) Time and location of accident.

(d) Place to which vehicle is to be towed.

(e) Description of vehicle and general description of parts of vehicle that have been damaged.

(f) Itemized list of services to be performed, charges for each and total charges.

(g) Places for signature of car owner or other person authorizing tow of vehicle.

The wrecker driver shall deliver a copy of the wrecker ticket to the customer on the scene of the accident. If this is not possible, then the wrecker ticket shall be mailed to the customer at the address provided by the police department not later than 24 hours from the time of the pickup at the scene.

(Ord. No. 2092, § 40, 3-3-1975)

The city manager of the City of Bellaire is hereby empowered to establish and promulgate such fees and charges and rules for the application thereof, as shall from time to time be deemed necessary and desirable for standard auto wrecker services. Such fees and charges shall become applicable and binding upon filing of a schedule of the same with the city clerk and the chief of police; such fees and charges shall apply only to nonconsent tows.

(Ord. No. 79-034, § 2, 6-18-1979; Ord. No. 85-072, § 3, 11-11-1985)

(a) the city manager of the City of Bellaire is hereby empowered to establish and promulgate such fees and charges and rules for the application thereof, as shall from time to time be deemed necessary and desirable for heavy duty wrecker services. Such fees and charges shall become applicable and binding upon filing of a schedule of the same with the city clerk and the chief of police; such fees and charges shall apply only to nonconsent wrecker services.

(b) The investigating police officer at the scene of an accident shall have authority to summon a heavy duty wrecker when in his opinion such equipment is required. The owner of the vehicle whose car is serviced by a heavy duty wrecker called by the investigating officer shall be responsible for any and all charges that result from such heavy duty wrecker service.

(Ord. No. 2092, § 42, 3-3-1975; Ord. No. 85-072, § 4, 11-11-1985)

It shall not be the responsibility of the auto wrecker or emergency auto wrecker owner to place the damaged or disabled vehicles on a floor or a ramp higher than the first floor of any storage facility.

(Ord. No. 2092, § 43, 3-3-1975)

Each owner of an auto wrecker or emergency auto wrecker permit shall keep full and complete books of account and other records normally accepted in sound accounting practices, which records shall indicate a complete and accurate record of all expenses and income in connection with the actual operation of the auto wrecker or emergency auto wrecker and the maintenance of the equipment. The records must be kept so as to accurately reflect the various items of cost of operation, maintenance and all other costs.

(Ord. No. 2092, § 44, 3-3-1975)

All auto wrecker or emergency auto wrecker permit holders which allow their wreckers to tow stolen, abandoned and other vehicles picked up without the owner's permission must have storage facilities approved by the city manager and by the chief of police, or in the event the storage facilities are located in the City of Houston, then having been approved by the City of Houston. Such facilities shall be enclosed in a manner sufficient to prevent entrance thereto. It shall be unlawful for any auto wrecker or emergency auto wrecker permit holder to tow or permit vehicles to be towed, where such tow is authorized by someone other than the owner, to any location other than the permit holder's approved storage facility.

(Ord. No. 2092, § 45, 3-3-1975)

The owner of any approved storage facility and the permit holder whose wrecker towed a vehicle to an approved storage facility shall be jointly and severally responsible for any damages or losses inflicted to automobiles or other vehicles which have been left at any such approved storage facility; provided however, that the foregoing liability and responsibility shall extend only to damages or losses caused by the negligence of the owner, permit holder, either of their agents, or by the improper maintenance of the storage facility. Before any storage facility shall be approved by the city manager and the chief of police, an affidavit acknowledging this liability and responsibility shall be executed by the person applying to have a storage facility approved by the city manager and the chief of police on a form provided by the city.

(Ord. No. 2092, § 46, 3-3-1975)

All vehicles picked up by either an auto wrecker or an emergency auto wrecker shall immediately be taken to the permit holder's approved storage facility unless authorization to take the vehicle to another location is received from either the city police department or from the owner of the vehicle. Having once reached the approved storage facility, no towed-in vehicle may be moved to another location earlier than ten days after the vehicle was brought to the storage facility without first receiving authorization for such move in writing from either the city police department or from the owner of the vehicle.

(Ord. No. 2092, § 47, 3-3-1975)

The city manager of the City of Bellaire is hereby empowered to establish and promulgate such fees and charges and rules for the application thereof, as shall from time to time be deemed necessary and desirable for storage of towed vehicles. Such fees and charges shall become applicable and binding upon filing of a schedule of the same with the city clerk and the chief of police.

(Ord. No. 2092, § 48, 3-3-1975; Ord. No. 85-072, § 5, 11-11-1985)

The holder of an auto wrecker or emergency auto wrecker permit which tows stolen, abandoned and other vehicles picked up without the authorization of the owner, shall be responsible for maintaining and operating his approved storage facility or by contract, or other means which shall be furnished to the chief of police, have use of an approved storage facility in order that vehicles may be received on a 24 hour per day basis and in order that stolen, abandoned and other vehicles picked up with authorization of the owner may be released during reasonable business hours.

(Ord. No. 2092, § 49, 3-3-1975)

Whenever the holder of an auto wrecker or emergency auto wrecker permit is authorized to pick up and tow in any vehicle when such authorization was given by someone other than the last known registered owner of the motor vehicle, the permit holder shall be responsible to do all of the following:

(a) Make verbal report to the police department immediately after the vehicle has been picked up.

(b) Notify the chief of police, the last known registered owner of the motor vehicle, and all lienholders of record, pursuant to the Certificate of Title Act, as amended, that the vehicle has been taken to the storage facility of the permit holder. The notice shall describe the year, make, model, and serial number of the motor vehicle; set forth the location of the storage facility where the motor vehicle is being held, inform the owner and any lienholder of their right to reclaim the motor vehicle after paying the towing and storage fees and request that it be picked up, and state the cost per day for storage fees and the towing charge. The notice to the city police department shall be sent by registered or certified mail, return receipt requested, and shall be completed within 24 hours of the time the vehicle was picked up. The notice to the last known registered owner of the motor vehicle and all lienholders of record shall be sent by registered mail or certified mail, return receipt requested, and shall be completed within 15 days of the time the vehicle was picked up. In addition to the storage charges, the permit holder may recover all reasonable and necessary expenses actually incurred in determining and notifying the last known owner and lienholders.

Failure to comply with such notification to the police department, to the chief of police, to the last known registered owner and to the lienholders of record, shall be grounds for revocation of the auto wrecker or emergency auto wrecker permit. Further, proof of notification to the last known registered owner and lienholders of record shall be a prerequisite to any permit holder assessing charges for storage fees at his storage facility in excess of 15 calendar days.

(Ord. No. 2092, § 50, 3-3-1975)

It shall be unlawful for anyone to possess or use for monetary gain or profit, in connection with the operation of an emergency wrecker, a transfer wrecker or for any other purpose, a radio capable of receiving the transmissions of the city police department without having first paid a tax of $25.00 per year, such tax to be due and payable on or before February 15 of each year and to be paid to the director of finance, who shall upon receipt of such tax, issue a receipt certifying the payment thereof.

(Ord. No. 2092, § 51, 3-3-1975)

Each wrecker driver shall carry business cards which shall be given to the owners, occupants, and/or drivers of each motor vehicle, taken in tow by said wrecker driver. Such business cards shall state the name of the company, the permit holder, their usual place of business, telephone number, and the name of the wrecker driver shall also be stated thereon.

(Ord. No. 2092, § 52, 3-3-1975)

It shall be unlawful for any auto wrecker to come to the scene of any police calls which are unrelated to motor vehicle collisions or accidents. In the event a person operating an automobile wrecker shall violate the terms and provisions of this section, such violations shall constitute a violation of this Code and shall also be grounds for suspension and/or revocation of any license or permit issued hereunder.

Except as any provision of this chapter may be in conflict with or suspended by provisions of Tex. Laws 1987, ch. 1135, at 7826, being Senate Bill No. 666 duly passed by the 70th Legislature of the State of Texas and approved by the Governor of the State of Texas on June 20, 1987, or any other laws of this state, the provisions of this chapter shall continue to be applicable to any and all auto wreckers or tow trucks, as defined by the provisions of Senate Bill No. 666, the owner of which has a place of business located within the incorporated limits of the City of Bellaire, and to all auto wreckers or tow trucks performing non-consent tows within the boundaries of the municipality, without regard to the location of the place of business of the tow truck owner; and all such tow truck operators/owners shall continue to comply with the terms and provisions of this chapter of the Code of Ordinances of the City of Bellaire.

(Ord. No. 87-064, § 1, 11-16-1987)

In accordance with the V.T.C.A., Occupations Code, Chapter 2308, Vehicle Towing and Booting, § 203, Towing Fee Studies, a rate review for auto wreckers, including heavy-duty wreckers, may be initiated by request of any auto wrecker owner that operates in the city. Any such request must be made in writing to the chief of police. Upon receipt of a written request for a rate review, the chief of police shall prepare and deliver an estimate of the administrative cost of the rate review to the requestor. If the auto wrecker owner determines to proceed with the rate review, the auto wrecker owner must submit a cashier's check to the chief of police in an amount equal to the estimated administrative cost within 30 days of receipt of such estimate. The rate review shall be conducted in accordance with procedures established for that purpose by the chief of police. Without limitation, the chief of police may select a representative group of auto wrecker owners and request that they provide verified financial data and vehicle-operating data regarding their operating costs and return on investment for use as a basis in conducting the review. Following receipt and review of the required data, the chief of police shall make a recommendation to the city manager whether any rate change is justified, and, if so, the amount of the recommended increase or decrease. If a rate change is recommended to the city manager, the increase or decrease shall be effective on the first day of the next calendar year.

(Ord. No. 12-058, § 1(App. A), 12-17-2012)

It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker or heavy duty wrecker upon any public street in the city, for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles or for any other purpose without having first obtained an auto wrecker permit from the city duly issued to such person to operate an auto wrecker on the streets of the city under the terms and provisions of this section; provided that the holder of an emergency auto wrecker permit under section 7-65 or a person conducting a towing or hauling within the city authorized by Harris County or the City of Houston under an interlocal agreement between the city and such entity, as applicable, shall not be required to obtain an auto wrecker permit under this section.

(Ord. No. 2092, § 2, 3-3-1975; Ord. No. 19-037, § 1(App. A), 8-5-2019; Ord. No. 20-012, § 1(App. A), 5-18-2020)

(a) Any owner desiring to operate an auto wrecker or heavy duty wrecker in the city shall apply in writing for a permit to the director of finance and shall state the following on his application:

(1) The name and address of the owner. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary.

(2) The number of auto wreckers or heavy duty wreckers the application desires to operate, listing the make, model, motor number and correct state license number of each auto wrecker.

(3) The true ownership of each auto wrecker or heavy duty wrecker. If not owned outright by the owner, the name and address of the true owner shall be given. If the auto wrecker is operated under the terms of a contract with some other company than the owner, a copy of the contract shall also be attached.

(4) That the owner will obey the provisions of this chapter and of all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws, that his permit may be revoked or suspended.

(b) An application under this section shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit on the application form, that the statements contained in such application are true and correct.

(Ord. No. 2092, § 3, 3-3-1975)

The city manager is hereby delegated and authorized to establish a fee schedule for the issuance of auto wrecker permits as provided for under the provisions of this chapter. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire.

(Ord. No. 2092, § 4, 3-3-1975; Ord. No. 83-090, § 1, 11-21-1983; Ord. No. 21-068, § 2, 11-15-2021)

After the owner has filed his auto wrecker permit application and any proof of financial responsibility and insurance policies required by this chapter or by the regulations promulgated by the director of finance and the chief of police, and if the same are found to be in compliance with the terms of this chapter, the director of finance shall be authorized to issue to the owner a permit to operate an auto wrecker in the city, upon payment of the permit fee.

(Ord. No. 2092, § 5, 3-3-1975)

The director of finance or the chief of police is empowered to prescribe regulations for the displaying of signs on auto wreckers showing that a permit has been issued as provided for in this chapter.

(Ord. No. 2092, § 6, 3-3-1975)

Where an owner has obtained an auto wrecker permit and thereafter desires to increase the number of auto wreckers or heavy duty wreckers to be operated, he shall file a supplemental application with the director of finance setting forth his permit number and the fact that he desires to operate additional wreckers, giving the make, model, motor number and state license number of each additional auto wrecker or heavy duty wrecker. He shall also file new proof of financial responsibility as required by this chapter with respect to the new auto wreckers with the director of finance. An endorsement to and forming a part of an insurance policy or certificate of insurance then in force may be accepted in lieu of a new policy or certificate to show such financial responsibility. The director of finance and the chief of police shall examine such supplemental application and proof of financial responsibility, and if the same are in order, the chief of police shall issue a supplemental permit covering the new auto wreckers upon the payment of the permit fee to the director of finance.

(Ord. No. 2092, § 8, 3-3-1975)

Whenever an owner wishes to discontinue the use of an auto wrecker or heavy duty wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall then file new proof of financial responsibility as required by this chapter and in the case of insurance, an endorsement forming a part of his insurance policy and/or certificate, from his insurer, substituting the auto wrecker covered by his permit, with the other auto wrecker he desires to use in its place. The director of finance and the chief of police shall then authorize the issuance to the owner of a supplemental permit covering the new auto wrecker and cause the description of the old auto wrecker to be cancelled from the original permit. In the insurance endorsement from the insurer and supplemental permit, the old and new auto wrecker shall be described by make, model, motor number and state license number.

(Ord. No. 2092, § 8, 3-3-1975)

Any auto wrecker permit issued under this chapter shall be a personal permit to the owner and shall not entitle any other person to operate such auto wrecker.

(Ord. No. 2092, § 9, 3-3-1975)

(a) It shall be unlawful for any person to drive or operate or cause to be driven or operated any emergency auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, away from the scene of an accident where the wrecked or disabled vehicles have collided with any other vehicle or other object or which have been wrecked or disabled in any manner without having first obtained an emergency auto wrecker permit from the city duly issued under this section to such person to operate an emergency auto wrecker on the streets of the city.

(b) In any prosecution for a violation of subsection (a) of this section, proof that an owner's auto wrecker, for which a permit has not been issued, was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his auto wrecker as an unpermitted emergency auto wrecker, but the person charged shall have the right to introduce evidence to prove that the owner or owner's agent or police department summoned him to the scene of the accident upon a public street.

(Ord. No. 2092, § 11, 3-3-1975)

Any owner desiring to operate an emergency auto wrecker in the city shall make application to the director of finance for an emergency auto wrecker permit. Such application shall be submitted upon forms to be furnished by the director of finance and the applicant shall furnish the following proof and information with his application, which shall be sworn to before a notary public:

(a) That the owner making application is a citizen of the United States, has attained the age of 18 years and is able to read and write the English language.

(b) The name and address of the owner shall be stated and if the emergency auto wrecker is to be operated under the name of some other company than the name of the owner, then the name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the emergency auto wrecker is to operate. No transfer from one company to another company by the owner shall be permitted until the director of finance has been notified in writing and a signed copy of the new contract and agreement has been submitted to him for approval. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addressees of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary.

(c) The application shall state the number of emergency auto wreckers the owner desires to operate and shall list the make, model, motor number and correct state license number of each vehicle to be operated by the applicant as an emergency auto wrecker.

(Ord. No. 2092, § 12, 3-3-1975)

Each person making application for a permit under this article shall submit three passport size photographs of himself to the director of finance and submit himself to be fingerprinted at the police department.

(Ord. No. 2092, § 13, 3-3-1975)

Any person making application for an emergency auto wrecker permit, shall deposit with the director of finance, upon making application, a sum of $50.00. Such sum shall be used to pay for the advertising of such application in the official newspaper of the city for one weekly edition. Within 15 days after receiving such sum and qualifying data, the director of finance shall cause to be published in the official newspaper of the city for one week, a notice to all holders of emergency auto wrecker permits and all other persons interested. Such notice shall set out that a public hearing will be held at a public place at a time to be designated by the director of finance.

The time of such hearing shall be not less than five days nor more than 15 days from the date of publication. Such notice shall give the name of the applicant, the name of the business under which the applicant proposes to operate and any other pertinent data that the director of finance may deem necessary. If such deposit is insufficient to pay the cost of the advertising, the director of finance shall then require the applicant to pay for the deficiency. Hearings and investigation shall be held by the city manager or his designee as soon as convenient or practicable thereafter.

Any applicant for an emergency auto wrecker permit, shall at the time of making application, in addition to the $50.00 paid for advertising cost, deposit with the director of finance, $100.00 for each day or fraction of a day the hearing shall be estimated to continue. In no event, however, shall a sum less than $100.00, made payable to the city, be deposited by the applicant representing an estimate of the cost of a reporter reducing to shorthand all testimony for each day, or fraction of a day, the hearing shall be continued. Should the hearing continue for more than one day, an additional $100.00 shall be deposited in advance for each additional day or fraction of a day the hearing shall continue. In the event that the amount so deposited is not sufficient to pay the cost of reporting the testimony of the hearing which does not include a prepared transcript, the applicant shall pay the difference found to exist. Final decision of the city manager or his designee may be withheld until such amount has been paid by the applicant. The provisions of this section may be waived by the city manager with good cause shown.

(Ord. No. 2092, § 14, 3-3-1975)

(a) There shall be held, in a public place, a hearing on each application for a permit under this article, which hearing shall be before the city manager or his designee at a location and time to be designated by him. The city manager may have in attendance, a representative from the city legal department, a reporter and any other person that he may deem necessary to conduct such hearing.

(b) At the time of the hearing and investigation with reference to whether or not public convenience and necessity exist, the city manager shall consider all the evidence of the applicant, and his witnesses. He shall hear all the evidence of the protestants and their witnesses as the city manager may deem necessary. In all such hearings, the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that public convenience and necessity exist for the operation of the emergency auto wreckers designated in the application.

(c) In determining whether the public convenience and necessity exist for the issuance of a certificate on the application to operate an emergency auto wrecker on the streets of the city, the city manager shall take into consideration the following:

(1) The financial responsibility of the applicant.

(2) The number of vehicles to be operated.

(3) The moral character of the applicant.

(4) Make, model and type of vehicle or vehicles to be used.

(5) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike.

(6) Storage facilities for wrecked vehicles and size of business location and lot.

(7) Determination that the ad valorem taxes and other taxes of the applicant have been paid.

(8) Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer-employee relationship.

(9) Whether the applicant proposes to own, rent or lease the vehicle to be used.

(10) The number of emergency auto wreckers then in existence and licensed.

(11) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional certificates of public convenience and necessity for emergency auto wreckers.

(12) The resulting effect upon the business of holders of existing permits.

(13) The effect upon working conditions and wages and other compensation paid to drivers of emergency auto wreckers or holders of existing permits and any other facts the director of finance may deem relevant.

(14) Such other factors as shall reasonably come to the attention of the city manager which shall directly or indirectly relate to the ability of the applicant to operate an emergency wrecker service.

(d) If the city manager or his designee, finds after the hearing and investigation, that public convenience and necessity exist for the operation of the emergency auto wreckers that have been applied for, he shall then notify the applicant in writing within 15 days that such vehicles are authorized to operate under the provisions of this article so long as they are in compliance with all of the provisions hereof and all applicable federal, state, county and city laws and ordinances.

(e) If the city manager finds from his hearings and investigation, that convenience and necessity do not exist for the operation of the emergency auto wrecker for which a permit is applied for, he shall notify the applicant in writing within 15 days from the last date of the hearing.

(Ord. No. 2092, § 15, 3-3-1975)

The city manager is hereby delegated and authorized to establish a fee schedule for the issuance of emergency auto wrecker permits as provided for under the provisions of this chapter. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire.

(Ord. No. 2092, § 16, 3-3-1975; Ord. No. 83-090, § 2, 11-21-1983; Ord. No. 21-068, § 3, 11-15-2021)

(a) After the owner has filed his application for an emergency auto wrecker permit, a hearing held and convenience and necessity found to exist, and the applicant has filed his proof of financial responsibility and any insurance policies required by this chapter and the city manager or his designee has examined same and found them to be in compliance with the terms of this chapter, he shall authorize the director of finance to issue to the owner a permit to operate an emergency auto wrecker in the city upon the public streets, which permit shall bear upon its face a notice that the same expires on the succeeding February 15. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and license number of each emergency auto wrecker authorized by the director of finance to operate.

(b) If the city manager or his designee has determined that the permit should be granted, issuance of the permit shall be deferred in cases where the application was opposed until the period for appeal has expired or pending final determination by the city council when an appeal has been made.

(Ord. No. 2092, § 17, 3-3-1975)

Whenever an owner wishes to discontinue the use of an emergency auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the emergency auto wrecker covered by his permit, and desires to use another emergency auto wrecker in its place. He shall then file new proof of financial responsibility or an endorsement forming a part of his insurance policy or certificate, from his insurer, substituting the auto wrecker covered by his permit with the other auto wrecker he desires to use in its place. The city manager or his designee may then authorize issuing to the owner a supplemental permit covering the new emergency auto wrecker and cause the description of the old emergency auto wrecker to be cancelled from the original permit. In the insurance endorsement from the insurer and supplemental permit, the old and new emergency auto wrecker shall be described by make, model, motor number and state license number.

(Ord. No. 2092, § 18, 3-3-1975)

All permits issued under this article shall expire on February 15 of each year and shall upon proper application and approval be renewed to the next succeeding February 15.

(Ord. No. 2201, § 3, 1-19-1976)

(a) Upon the payment of all required costs, fees and expenses, the city manager shall hold a hearing and the procedure to be followed shall be the same as for a new application for an emergency auto wrecker permit, as set out in this chapter.

(b) The city manager may waive the terms and provisions of this section requiring a hearing upon good cause shown.

(c) All applicants for renewal of a permit or license, shall complete an application for an auto wrecker permit as shall be designated and required by the city manager as he shall so direct. All fees herein prescribed for an original emergency auto wrecker permit shall be identical for a renewal thereof.

(Ord. No. 2201, § 3, 1-19-1976)

After the city manager or his designee has made his findings and declared the same to the applicant for a permit under this article, he or the opponent of such application shall have the right to appeal to the city council within ten days therefrom. The appeal shall be perfected by letter addressed to the mayor and city council and delivered to the city clerk stating that an appeal is desired. The council, as soon as practicable after receiving such notice of appeal from the findings of the city manager and after a hearing on such appeal, shall sustain, modify or reverse the findings made by the city manager or his designee and shall so notify the applicant of its findings. The findings of the city council shall be final. If no appeal is made to the city council from the decision of the city manager or his designee, within ten days, then his decision shall be final.

(Ord. No. 2092, § 20, 3-3-1975)

If the city manager or his designee finds from his hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles as applied for, he shall notify the applicant in writing within 15 days from the last day of the hearing. An applicant who has been denied a permit or permits by the city manager or his designee, or by the city council on appeal, shall not be permitted to make another application for a permit or permits within a period of one year from the date of his prior application.

(Ord. No. 2092, § 21, 3-3-1975)

When a partnership or corporation applies for a permit under this article, all of the provisions and requirements applicable to persons shall apply to and be required of each partner and each of the three principal officers and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the director of finance within ten days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time and the failure to certify within such time or to possess such qualifications required of such persons under this article shall be cause for the suspension of all permits held by such corporation or partnership.

(Ord. No. 2092, § 22, 3-3-1975)

It shall be unlawful for any person to drive or operate an emergency auto wrecker within the city without first having secured an emergency auto wrecker driver's license duly issued by the city manager or his authorized representative.

(Ord. No. 2092, § 24, 3-3-1975)

It shall be unlawful for any owner to permit any person to drive or operate an emergency auto wrecker without such driver first having obtained an emergency auto wrecker driver's license duly issued by the city.

(Ord. No. 2092, § 24, 3-3-1975)

Each applicant for an emergency auto wrecker driver's license shall be a citizen of the United States, shall be at least 18 years of age and shall be a resident of Harris County.

(Ord. No. 2092, § 24, 3-3-1975)

Each applicant for a driver's license under this article shall, upon making application for such license or renewal thereof, provide evidence by a certificate duly issued by a medical doctor licensed to practice medicine in the State of Texas, stating that such applicant is of good health, free of communicable diseases and is not so physically impaired as to be unable to operate an emergency auto wrecker.

(Ord. No. 2201, § 4, 1-19-1976)

Any person desiring to drive an emergency auto wrecker shall file application for an emergency auto wrecker driver's license with the director of finance in the city hall on application forms to be furnished by the director of finance. Such forms shall provide for the applicant's name, age, present address, last address, last place of employment, whether the applicant has been convicted of a violation of a motor vehicle traffic or criminal law of the city, this state or any other state, or the federal law, with a space sufficient for particulars concerning such violation(s), if any, and the length of time applicant has driven a motor vehicle, and the number and type of licenses to drive issued to the applicant by the state.

(Ord. No. 2092, § 24, 3-3-1975)

A license issued under this article shall expire one year from the date on which it was issued.

(Ord. No. 2201, § 5, 1-19-1976; Ord. No. 85-072, § 6, 11-11-1985)

An applicant for an emergency auto wrecker driver's license shall complete a form entitled "Request for Information from Texas Driver Licensing Records" as part of his application and the applicant shall pay the required fee therefor and submit such application to the Texas Department of Public Safety with a notation on said application that the information is to be mailed to the director of finance of the City of Bellaire, Texas, 7008 South Rice Avenue, Bellaire, Texas 77401. An emergency auto wrecker driver's license issued in advance of such request shall be subject to revocation in the event of the failure of the applicant to make such application and such license shall similarly be subject to revocation if the information received from the Texas Department of Public Safety discloses that the applicant's record disqualifies him from receiving an emergency auto wrecker driver's license.

(Ord. No. 2092, § 24, 3-3-1975)

Any person desiring to drive an emergency auto wrecker shall, in addition to the requirements herein set out, file two letters, from people residing within the county limits of the County of Harris, and who have resided therein for a period in excess of three years, stating and attesting that the applicant has been known by the writer for a period in excess of one year, that the applicant is of good moral character and recommending the applicant for an emergency auto wrecker driver's license.

(Ord. No. 2092, § 24, 3-3-1975)

After filling in the above described form, the applicant shall sign the same and shall swear to the truthfulness of the answers made in such application before a notary public. The director of finance shall examine the application and investigate the applicant's character and then he shall either grant the application or refuse it. If the director of finance refuses any application, he shall immediately notify, in writing, the applicant at the last address given in such application. The decision of the director of finance shall be appealable as set forth in section 7-75.

In the event an applicant for an emergency auto wrecker driver's license has received three or more moving violations in the year next preceding the date of such application, or more than five moving violations in the last three years preceding the date of the application, or should the applicant have been convicted of theft or burglary or any other crime involving moral turpitude within a period of five years commencing at the date of the application, then such convictions shall be sufficient grounds to deny issuance of an emergency auto wrecker driver's license; and failure to issue such license based upon such determination having been made, shall only be appealable as to whether or not the applicant has in fact been so convicted and on no other grounds.

(Ord. No. 2092, § 24, 3-3-1975)

Drivers shall, at all times, carry and display upon request, their emergency wrecker driver's license.

(Ord. No. 2092, § 30, 3-3-1975)

Each emergency auto wrecker driver's license, issued to a wrecker driver applicant, shall remain the property of the city at all times and shall be subject to cancellation, modification, suspension and recall.

(Ord. No. 2092, § 54, 3-3-1975)