Fort Walton Beach Council agenda — 06-24-03 regular Council agenda — reading text

disabled vehicle. If a wrecker belonging to the wrecker company 154 within thirty-five ( 35) 155 receiving the communication fails to arrive at the scene of an accident 156 minutes. the investigating officer shall no~ police communications. The first wrecker 157 company called shall be cancelled and the next wrecker company on the rotation list shall be on the 158 called. The wrecker company whose call was cancelled shall be placed in last position 159 and a notation of failure to rotation list shall be recorded as a remark. In each respond to designate a 160 succeeding communication of the inability or refusal of the owner or operator call shall 161 wrecker. the next company on the list shall be called. and proper notation of each such within thirty- 162 be made on the master list. Six ( 6) failures to respond to the dispatched location will constitute a violation of this 163 five ( 35) minutes within a twelve ( 12) month rolling period in Section 2 of this 164 ordinance and may be grounds for disciplinary action as provided for 165 ordinance. 166 167 W @ No peFSefl wrecker operator shall follow ffi a motor '; ehicle any ambulance,police car street in to a report of an automobile 168 or wrecker which is traveling on a public response 169 collision or accident for the purpose of soliciting business. 170 of an accident or collision on the 171 W W No person shall drive a wrecker to or near the scene streets of the City for the purposes of soliciting business unless such person has been called to 172 the scene by the Police Department; provided, however, fRat when it is necessary to prevent 173 of this 174 death or bodily injury to any person involved in an accident or collision, the prohibition 175 subsection shall be inapplicable. 4 176 accident determines that a vehicle which has been e)@ When a police officer investigating an 77 (: to proceed safely under its own 178 involved in a collision or accident upon a public street is unable or operator thereof is physically unable to drive such vehicle, such 179 power, or when the owner wrecker company that he or she the 180 officer shall request the owner or operator to designate the 181 ewBef desires to remove the vehicle. When the owner or operator has designated the wrecker 182 company desired, the police officer shall communicate that fact immediately to police of the communications officer receiving 183 8eadfluarters communications, and it shall be the duty to send a wrecker to the scene 184 such information at headquarters to call the designated company has obtaiRed aB eeeupatieASl 185 of the accident or collision, provided that the v.Teeker service lieeRSe aBd wrecker permit authorizing the .... T-ecker service to do busiaess Hi tHe eity. Any 186 of Section 38. 6( 5) of this 187 wrecker responding to accident scenes shall fulfill all requirements 188 chapter. 189 scene of any wreck, accident or 190 ~ W No police officer investigating or present at the or otherwise, 191 collision on a public street shall directly or indirectly, either by word, gesture, sign in the wrecker service or 192 recommend to any person the name of any particular person engaged to influence in manner the 193 repair business, nor shall any such officer influence or attempt any 194 decision of any person in choosing or selecting a wrecker or repair service. However, any direct that a vehicle, 195 police officer, in the exercise of his discretion as a police officer, may or from the 196 whether towed by a wrecker selected by the owner or operator of the vehicle 197 ng the vehiele directly to the wrecker rotation list, be taken by the driver of the ',weeker to'.";. 198 ~ olice Department headquarters and there held by the City for any lawful purpose. 199 Each wrecker company licensed to operate in the City shall have prepared billheads 200 ~ ill 201 with the name and address of the wrecker company printed thereon. The operator of a such billhead 202 wrecker, before removing a disabled vehicle ITom the scene, shall prepare a bill on 203 form showing the total amount charged for towing service, in triplieate, the original of which 204 shall be given to the owner or operator of the disabled vehicle or his authorized representative, 205 ORe oopy attached to the police report, and the other copy retained by the owner of the 206 wrecker. 207 vehicles are not vehicles, 208 ( g)It is hereby declared and determined that wrecker t).( emergency with all laws and ordinances relating to motor vehicles. 209 and such wreckers shaU comply strictly 210 211 € gj Upon receipt by the city manager of any '.vritten complaint on any 'meeker service, the city If the city manager fiftds thet the cemplaint 212 manager may investigate the facts ofihe complaint. fiting, and give the ';;reeker serviee a fair 213 is '.'alid, he shall notify the wrecker service, in v.' find the ....; recker serviee to be in 214 opportuRity to be heard. Thereafter, the city manager may 215 ' Aolatiofl of this chapter. 216 217 ( h) Exceptions to the general requirement for rotation of the wrecker services called pursuant 218 to this chapter may be made where: 219 5 220 ( 1) The person responsible for an automobile specifies a wrecker service not 221 participating in the rotation program. Rov/ever, this e":{)eption may only be made if 222 both.tbe follo'.\':. ng are true: 223 224 a-: ill The designated company is located so distant as to create impractical delay in 225 removing the vehicle. 226 227 tT. ill The officer in charge detennines that human life may be endangered unless the 228 rotation list is disregarded, in that limited instance, in favor of the quickest and/or heaviest 229 equipment available. In this limited instance, the company need not be licensed by the City or 230 pennitted by the Police Department. 231 232 ( i) Any wrecker company participating in the City wrecker rotation program shall: 233 234 ( 1) Have a current occupational pennit 235 ( 2) Have applied to participate in such program; 236 ( 3) Maintain a 24- hour wrecker service; 237 ( 4) Maintain their business office. storage facility and have an on- call wrecker primal)' 238 within the City limits; 239 ( 5) Have each wrecker vehicle inspected for compliance with the City Wrecker 240 Vehicle Inspection form and pennitted by the Police Department 241 ( 6) Each wrecker company shall provide proof of vehicle and liability insurance. 242 243 SECTION 6. AMENDMENT TO CHAPTER 38, SECTION 38-6 TAKING 244 POSSESSION OF VEIDCLE; COMPLIANCE WITH CERTAIN REQUIREMENTS. 245 Chapter 38, Section 38- 6 Taking Possession of Vehicle; Compliance with Certain Requirements is 246 hereby amended to read as follows: 247 248 Section 38. 6 Taking Possession of Vehicle; Compliance with Certain Requirements. 249 250 Every person participating in the wrecker rotation program shall comply with the following 251 requirements when taking possession of a vehicle pursuant to this chapter: 252 253 ( 1) The storage areaJIot shall have a minimum six-foot fencing enclosure of chain link, 254 wood, or masonry block/brick designed to prevent access and a minimum of7,500 255 lumens of lighting within 100 feet of a