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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.
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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.
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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.
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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:
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`v~ C IT CLERK
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