§ 9-101. Wrecker service operations.

(a)

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein:

Motor vehicle shall be defined in the manner in which it is defined in O.C.G.A. § 40-1-1.

Wrecker service operation means any company, firm, business or individual or group of individuals for hire by the general public which provides by any means the hauling, moving or transferring from one place to another any damaged, disabled, inoperable, operable or impounded motor vehicle.

(b)

License required. Any wrecker service which hauls, moves or transfers motor vehicles, operable or inoperable within the City by the request or direction of the City or its employees shall first obtain a license to do so from the City Clerk before engaging in such business.

(c)

Application. Application for a license to conduct a wrecker service operation as required under this section shall be made as provided in section 9-21.

(d)

Operating requirements. The following operating requirements shall apply to all wrecker service operators licensed in accordance with the provisions of this section and each and every item hereunder is a condition precedent to obtaining such a license and maintaining such license and the failure to abide by these requirements at all times shall be cause for revocation and/or denial of such license.

(1)

All such wrecker service operations shall make available to the City on a 24-hour basis, every day of the year said services when and as called upon at a price not more than the established maximum service fees provided hereinafter. Such wrecker service shall notify the dispatcher in advance when he cannot be available for wrecker call for any specific time. He shall notify the dispatcher of the time he will be out of service and also of the time he will return to service.

(2)

Prior to the issuance of the license required by this section and prior to the conduct of any such operations by said wrecker service, such wrecker service shall obtain and cause to be kept in force at all times during the term of any such license granted under this section, liability insurance issued by a company of sound and adequate financial responsibility of the following types and minimum amounts:

Public Liability Insurance
Bodily injury	$300,000.00 per  person
	$500,000.00 per  occurrence
Property damage	$300,000.00 per  accident
Garage Keepers Legal Liability Insurance
Light duty wrecker	$50,000.00
Heavy duty wrecker	$100,000.00

 

(3)

Said insurance policy shall name the City a certificate holder. Such naming of the City as a certificate holder and such policies of liability insurance shall not thereby cause the City to be deemed a partner or engaged in a joint venture with the wrecker service operator in its business.

(4)

Such wrecker service operator shall also carry workers compensation insurance in the amounts and form required by the Workers' Compensation Act (O.C.G.A. § 34-9-1 et seq.) and the insurance laws of the State (O.C.G.A. title 33) and shall furnish proof of same to the City prior to granting of any license hereunder and from time to time upon request by the City.

(5)

Copies of the certificates of all insurance coverage required of the wrecker service shall be filed with the City Clerk and shall provide therein that the policies of insurance referred to in such certificates shall not be subject to cancellation by the insurer except after delivery of written notice by certified mail to the City Clerk at least 30 days prior to the effective date of any such cancellation.

(6)

Should the wrecker service operator fail or refuse to obtain and keep in full force and effect the insurance required by this section, the City may revoke the license provided for hereunder.

(7)

Within the City limits the wrecker service operator shall provide an area for the storage for vehicles that have been moved, hauled or transferred by the wrecker service operator at the request of the City. All impounded motor vehicles hauled or towed by such wrecker service shall be stored in said storage facility. All other vehicles hauled by such wrecker service (those that are not impounded by the City) shall be stored in a storage facility licensed by the City, Liberty County or any municipality within Liberty County. An office shall be maintained at the storage area for the convenience of the public in retrieving their vehicles. Such facility must be maintained properly, clean and presentable at all times and shall be subject to inspection by the City and the City Police Department. Failure to properly maintain facilities shall be cause for revocation of the license granted hereunder. No impounded automobile hauled, moved, retrieved or transferred from one place to another by the wrecker service operator shall be stored at any place whatsoever other than a storage area which meets the following minimum requirements:

a.

Such storage area shall meet all City zoning requirements and ordinances pertaining to vehicle storage;

b.

The storage area and premises shall be kept in a clean and orderly fashion; and

c.

There shall be ample space to store a minimum of 30 automobiles and/or motor vehicles at the same time. The standard size automobile to be used for determining whether such storage facility meets the approval of this requirement is seven feet by 16 feet. The wrecker service operator may utilize the storage facilities of any other firm, person or corporation; provided, such facilities meet all the requirements of this section and provided said facility meets all zoning laws and regulations now or hereafter adopted by the City. If any such wrecker service cannot provide an area for storage of impounded vehicles, the City at its own discretion shall provide an area for the storage of such vehicles.

(8)

Services are to be rendered immediately upon request by the City or its employees. The wrecker service operator shall not respond to the scene of an accident unless called to the scene by the City Police Department. This section recognizes the right of an individual who is the owner of any wrecked or impounded vehicle to select his own wrecker service company; provided, his state of sobriety or capacity is assured and provided that said vehicle is not blocking the roadway or otherwise dangerous to the traveling public.

(9)

The wrecker service operator shall comply with and conform to all Federal, State and local laws and/or rules and regulations regarding safety now in effect or as new ones become applicable. The wrecker service owner must submit to a background police and general records check for prior offenses or irregularities to determine suitability, reliability and financial stability in order to properly protect the public against abuse, neglect or malfeasance. No person who has been convicted of a felony or any crime involved in moral turpitude shall be granted a license pursuant to the terms of this section.

(10)

Prior to the issuance of any license hereunder the wrecker service operator must have and demonstrate his ownership of the following types of equipment:

a.

Two each light duty wreckers;

b.

A light duty wrecker with at least 10,000 pounds minimum gross vehicle weight rating equipped with 8,000 pound power take-off, power winch, per independent boom, dual rear wheels; and

c.

One each roll back or car carrier, may be substituted for one light duty wrecker.

A light duty car carrier shall be defined as a wrecker with at least 10,000 pound gross vehicle weight with dual wheels, power driven winch with hydraulic wrecker system.

(11)

Each wrecker provided herein shall be required to carry a full compliment of service items such as fire extinguishers, chains, ropes, blocks, dollies, sports car bar, motorcycle bar, stop lights, flashes, flood lights, hand tools, lock-out tools, wrecking bars, brooms, and any other tool needed for lifting, extracting, righting and removal of a wrecked or disabled vehicle or other equipment from public thoroughfares by towing or carting. If at any time after the granting of the license required by this section, the wrecker service operator fails to maintain the equipment required by this section such failure shall be cause for revocation of said license.

(12)

Each wrecker service operator shall demonstrate access to at least one heavy-duty wrecker. A heavy duty wrecker shall be defined as a wrecker with at least 32,000 pounds minimum gross vehicle weight rating equipped with a 16 to 25 ton power take-off mechanically driven power winch crane and having independent dual booms and with dual rear wheels.

(e)

Fees.

(1)

All service fees charged by the wrecker service operator to the public shall not exceed rates enlisted in the fee schedule fixed and established by the Mayor and City Council from time to time and maintained on file in the office of the City Clerk.

(2)

Such rates shall be conspicuously posted in the wrecker service operator's place of business for the attention and information of the general public and for claimants of vehicles under wrecker service operator's care.

(3)

All billings or statements of charges are to be itemized and will have clearly printed on the reverse side the rates applicable to the fee schedule fixed and established by the Mayor and City Council, so the rates may be verified by the claimant.

(f)

Telephone and radio communication. The wrecker service operator will provide, at no cost to the City, a designated telephone number and line to be used exclusively by the City's Police Department for the purpose of notifying a wrecker service operator whenever such wrecker service operator's services are needed.

(g)

Minimum drivers. The wrecker service operator must maintain and have available at all times at least one qualified wrecker operator with an appropriate C or A State driver's license or such driver's license as required by law for wrecker operators. The wrecker service operator must submit a list of driver's names, dates of birth, drivers' license numbers to the City Clerk prior to the issuance of any license and if from time to time wrecker operators are deleted or added to the wrecker service operator's payroll, he must furnish an up-to-date list of such operators to the City Clerk.

(h)

List of qualified operators, etc. The City shall compile a list of all wrecker service operators licensed under this section which are qualified to accept calls from the City or its employees for the purposes of hauling or storing vehicles as those terms are defined herein and the City Police shall contact and call and request the services only of those wrecker service operators which have been licensed pursuant to the terms of this section which is for the protection of the general public and in furtherance of its police powers.

(Code 1978, § 9-87; Ord. No. 2003-08, § I, 12-18-2003)