Fort Walton Beach Council agenda — 01-24-06 Workshop — reading text

his authorized representative, one copy attached to the police report and the original retained by the owner of the wre cker. Code 1968, 9162- 15; Ord. No. 30- 93, 9 1, 12- 16- 93) View/l1418/ l29? l/ hilite= wreckers; wrecker; 1/19/ 2006 http:// libraryl. municode. com/mcc/ Doc CHAPTER 7- 11. WRECKERS AND WRECKER COMPANIES* Page 6 of8 Sec. 7- 11- 7. Recommendation of wrecker service by police prohibited. No police officer investigating or present at the scene or site of any wreck, accident or collision on a public street shall, directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of any particular person engaged in the wrecker service or repair business, nor shall any police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair service. Provided, any police officer, in the exercise of hi s discretion as a pOlice officer, may direct that any vehicle, whether towed by a wrecker selected by the owner of the vehicle or from the wrecker rotation list, shall be taken by the driver of the wrecker towing the vehicle directly to the police headquarters and there held by the city for any lawful purpose. Code 1968, 9 162- 10; Ord. No. 30- 93, 9 1, 12- 16- 93) Sec. 7- 11- 8. Solicitation at scene of wreck or disablement prohibited; prima facie evidence. No person shall solicit in any manner, directly or indirectly, on the streets of the city, the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing the vehicle. Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any person engaged in the wre cker business, either as owner, operator, employee or agent, on any public street in the city, at or near the scene or site of a wreck, accident or collision within one hour after the happening of a wreck, accident or collision, shall be prima facie evidence of solicitation in violation of this section. Code 1968, 9 162- 13; Ord. No. 30- 93, 9 1, 12- 16- 93) Sec. 7- 11- 9. Wrecker attending accident prohibited unless summoned by police; exception. No person shall drive a wrecker to or near the scene or site of an accident or collision on the streets of the city unless the person has been called to the scene by the police department of the city; provided, when it is necessary to prevent death or bodily injury to any person involved in an accident or collision, the prohibition of this section shall be inapplicable. Code 1968, 9162- 6; Ord. No. 30- 93, 91, 12- 16- 93) Sec. 7- 11- 10. Intercepting or divulging certain radio messages prohibited. No person shall intercept any message emanating through the police radios communications system or shall divulge or publish the existence, contents, substance, purpose, effect or meaning of the intercepted communication; and no person, not being entitled thereto, shall receive or assist in receiving any such message and use the same, or any information therein contained, for his own benefit or for the benefit of another person. Code 1968, 9162- 14; Ord. No. 30- 93, 9 1, 12- 16- 93) Sec. 7- 11- 11. Wreckers not emergency vehicles. It is hereby declared and determined that wrecker vehicles are not emergency vehicles, and 1/ 19/ 2006 http:// libraryl. municode. com/mcc/ Doc View/ 11418/ 1/ 129?hilite= wreckers; wrecker; CHAPTER 7- 11. WRECKERS AND WRECKER COMPANIES* Page 7 of 8 such wreckers shall comply strictly with all ordinances relating to motor vehicles. Code 1968, S 162- 11; Ord. No. 30- 93, S 1, 12- 16- 93) Sec. 7- 11- 12. General information, required. a) The wrecker business may not assign, transfer, pledge, surrender, or otherwise encumber or dispose of his approval under these rules or his place on the rotation lists. b) To insure uniformity in qualifying for a position on any of the wrecker rotation lists, each wrecker business must comply with the following requirements for their place of business, for each position on rotation: 1) The business must have a sign that identifies it to the public as a wrecker establishment; 2) The place of business must maintain its own office space; 3) The office must have personnel on duty at the office location, from at least Friday, to answer calls from the police 9: 00 a. m. to 5: 00 p. m., Monday through department and to serve the public; 4) Must maintain its own telephone to answer calls; 5) Must maintain at least one tow truck at that place of business; 6) Must have the tow truck lettered as specified: a. The wrecker vehicles must have the complete business name, address, and telephone number professionally lettered in contrasting colors on each side of the vehicle; b. The business name shall be in letters at least three ( 3) inches high; c. The business address and telephone number shall be at least three 3) inches high; d. Lettering must be permanently affixed to the vehicle. Magnetic or removable signs do not meet code requirements; e. The individual wrecker number shall be affixed on both sides of the cab in numbers at least three ( 3) inches high and of contrasting color. c) Wrecker vehicle operators are required to have a valid commercial driver's license in theirpossession at all times while operating the wrecker as required by Section 322. 03, Florida State Statutes. Ord. No. 30- 93, S 1, 12- 16- 93) Sec. 7- 11- 13. Grounds for denial, removal or suspension from rotation lists. a) The following are grounds for denial, removal or suspension of a wrecker company from any of the rotation .Iists: 1) Failure to comply with any of the provisions of this code or to pass an annual inspection; 2) Chasing or running wrecks without proper call from the police department; 3) Soliciting at the scene of an accident by the wrecker operator, his driver or agent; View/l1418/ 1/129? hilite= wreckers; wrecker; 1/ 19/2006 http:// libraryl. municode. com/mcc/ Doc