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832x • ~ ~~•.. ~'': ORDINANCE N0. AN ORDINANCE TO ESTABLISH RULES AND REGULATIONS WITHIN THE CITY OF WEST MEMPHIS, ARKANSAS, FOR WRECKER AND TOWING SERVICE, CREATING AN EMERGENCY AND FOR OTHER PURPOSES. WTrIEREAS, in the interest of the promotion of traffic safety and protection of vehicles and citizen drivers it has become necessary to devise a means of regulating and dealing with wrecked or abandoned automotive equipment upon the public streets of West Memphis, and WHEREAS, Arkansas Statute 19-1701 states that the City Council under the guidance of the Mayor shall prescribe the duties and define the power of the Police Department in such a, manner as will most effectually preserve the peace and protect the property of its citizens, and WHEREAS, there are no existing Rules and Regulations now in existence for wrecker and towing services; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS THAT: Section 1. There is hereby established within the Ci ty of West Memphis, Arkansas, Rules and Regulations for Wrecker and Towing Services which are as follows: 1. Each wrecker firm shall have in its possession at least one (1) set of dollys. 2. The owner or operator of a vehicle involved in an accident the right to have a wrecker firm of his choice move his automobile, provided that the wrecker firm is licensed to do business in the City of West Memphis, Arkansas. 3. If it appears to the officer investigating an accident that a wrecker chosen by the owner may be delayed in arriving at the scene, and there is an emergency at the time, or the wrecked automobile is creating a traffic hazard, then the officer may summons the dispatcher to send a wrecker from the approved rotation list. ~!-. W.hen the owner or driver of a vehicle cannot decide where he wants his disabled vehicle taken, the wrecker operator shall take the vehicle to his own place of business unless instructed by the police officer to take the wrecked auto- mobile to another location. 1. • 1, / 5. All wrecker firms and employees sYzall observe all laws and ordinances of the state and city, unless advised by a police officer to do otherwise. This applies to rules of speed, traffic ontrol, etc. 6. No wrecker or towing vehicle will remove from an accident scene any vehicle involved in the accident until notified to do so by the police officer investigating the accident. ir. 7. It shall be the responsibility of the wrecker firm to clean the streets of all debris and glass created by the involve- ment of the vehicle he is to tow, and the regular wrecker equipment shall include a shovel and broom for this purpose. 8. Any wrecker firm refusing or missing three (3) calls in any given month without good cause, shall be subject to removal from the approved wrecker rotation list. g. It shall be the responsibility of the West Memphis Police Department to publish and keep current an approved rotation list of wreckers and towing firms. 10. If a wrecker firm is called by the police and cannot make the call, the wrecker firm will not be allowed to call another wrecker firm to make the call. The police will call the next firm on the rotation list. 11. All wrecker firms shall have adequate facilities to maintain all towed vehicles off the city streets. Such Facilities shall be fenced and secured with at least a six feet (6 Ft.) high fence. Section II. It shall be the responsibility of the Chief of Police to see that Rules and Regulations are enforced. Section III. A current list of all wrecker and towing services who have a valid privilege license shall be maintained in the Police Department. Section IV. When any wrecker or towing service within the City violates any Rule or Regulation of this Ordinance it shall be the responsibility of the Chief of the Police Department to make an investigation, and if sufficient cause exists, request a hearing before the City Council to determine whether the privilege to operate a wrecker should continue, be suspended or revoked by the alleged offender. 2. .' Section V. It having been found and determined by the City Council of the City of Weft Memphis, Arkansas that there are no Rules and Regulations now in effect to adequately protect the citizens with wrecked vehicles, an emergency is declared to exist and this rrr~ Ordinance being necessary to protect the peace, safety and welfare of its citizens, and shall become effective immediately after its passage and approval. PASSED AND APPROVED this ,/ day of , 1975. YOR ATTEST: ~.- `v~ C IT CLERK r.. 3.