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1294 000176 ORDINANCE NO. 1294 ( #27- 06) AN ORDINANCE AMENDING JMC §5.32 (WRECKER SERVICE REGULATIONS); AND, FOR OTHER PURPOSES. WHEREAS, after study and review, City officials and business members have determined that new provisions are needed for towing and wrecker service regulations applicable in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code § 5.32.010 is hereby amended and modified to include the following additions, deletions, and provisions: 7MC § 5.32.010 - Licensure Requirements. Each towing /wrecker service wishing to receive requests for towing services from the Jacksonville 911 Communications Center must hold all appropriate Licensure and insurance required by the City and the State of Arkansas for operation of such a service /business. Failure to conform to all of the applicable requirements and regulations will result in the removal of said business /person /entity from the call list(s) of approved towing service companies. SECTION TWO: Jacksonville Municipal Code § 5.32.020 is hereby amended and modified to include the following additions, deletions, and provisions: JMC § 5.32.020 - Service Requirements. Each towing /wrecker service must provide Twenty-four (24) hour continuous service for the acceptance of vehicles and request for services. Storage facilities for said vehides towed or received must be open a minimum of Five (5) business days per week for a minimum of Eight (8) hours per day, holidays excluded. SECTION THREE: Jacksonville Municipal Code § 5.32.030 is hereby amended and modified to indude the following additions, deletions, and provisions: 3MC § 5.32.030 - Equipment, Facility, and Records Requirements. A) Each towing /wrecker service must have and maintain their wreckers in good and proper mechanical condition properly equipped and licensed as required by State regulations. This equipment shall include, but is not limited to, proper emergency lighting, visible from front and rear, a certified fire extinguisher, a radio or communicative device, and sufficient accessories, equipment, and tools to efficiently perform the required service(s). B) Each towing /wrecker service must have and maintain a lighted and fully fenced storage area within the City limits of the City of Jacksonville or within a three (3) mile radius of the corporate limits. The lighted and fenced area must be designed and maintained In a manner adequate to prevent/deter theft or vandalism to vehicles or other property within its care and control. Further, the service must maintain an impound facility area for preservation of evidence needed in prosecution of criminal offenses investigated by the Jacksonville Police Department secure from entry by all unauthorized person(s). C) Each towing /wrecker service must maintain adequate records of all vehicles towed at the request of the Jacksonville Police Department, with such records to include the date, time, location, make, model, license, and vehicle identification 0001'n ORDINANCE 1294 (#27-06) Page Two number of any such towed vehicle. Such records shall be available for inspection and duplication by members of the Jacksonville Police Department during regular business hours. SECTION FOUR: Jacksonville Municipal Code § 5.32.040 is hereby amended to include the following additions, deletions, and provisions: JMC § 5.32.040 - Wrecker and Towing Availability To maintain its position on the CaII List(s) maintained by the City (through its 911 Communications Center), each towing /wrecker service must either make available within Fifteen (15) minutes of a call a suitable wrecker and operator at the scene as directed by City personnel. If a service fails to do so, it is responsible to immediately notify the 911 Communication Center of its unavailability for such a call. Failure to timely respond to more than Three (3) calls in a Three (3) month timeframe will result in removal of said service from the call list(s) utilized by the City as authorized in this Ordinance. SECTION FIVE: Jacksonville Municipal Code § 5.32.050 is hereby amended to include the following additions, deletions, and provisions: JMC § 5.32.050 - Notification Procedures. Upon need of a towing /wrecker service response, the City's 911 Communications Center shall notify the next towing/wrecker service qualified and registered with the City for towing services, providing the service with the location and other relevant information needed to properly prepare for the assistance required. No towing /wrecker service shall respond to the scene of an accident unless requested to do so by the 911 Communications Center or by the owner(s) or driver(s) of one of the disabled vehicle(s) involved. If a towing /wrecker service receives notification of an accident from a source other than the 911 Communications Center, the service should immediately notify the Communications Center of such an accident, its location, and abide by response instructions issued by the Center. SECTION SLY: Jacksonville Municipal Code § 5.32.060 is hereby amended to include the following additions, deletions, and provisions: JMC § 5.32.060 - Arrival Procedures. Upon arrival at an accident or towing scene, the operator will stand by and await direction from the on -site officer for removal or work upon any vehicle in need of towing. The operator shall utilize the waiting period to obtain required information from the owner /driver of any vehicle in need of towing service and direction from the officer /employee on scene. SECTION SEVEN; Jacksonville Municipal Code § 5.32.070 is hereby amended to include the following additions, deletions, and provisions: JMC § 5.32.070 - Scene Procedures and Requirements. All operators and towing /wrecker service employees will abide by all safety and traffic regulations while on the scene unless otherwise directed by a law enforcement officer. It shall further be the responsibility of every towing /wrecker service to remove or provide for the removal of all debris of an accident from the roadway before leaving the scene. SECTION EIGHT: Jacksonville Municipal Code § 5.32.080 is hereby amended to include the following additions, deletions, and provisions: r 000178 ORDINANCE.1294 (#27-06) Page Three ]MC § 5.32.080 - Service Charges. All towing /wrecker services shall assess reasonable service charges and rates for any services performed or provided. Charges and rates will be reasonable as compared to rates and charges of other towing /wrecker services conducting business in the Central Arkansas area. SECTION NINE: Jacksonville Municipal Code § 5.32.090 is hereby amended to include the following additions, deletions, and provisions: ]MC § 5.32.090 - Unclaimed Vehicles. All towing/wrecker services shall comply with all applicable state laws for notice and disposal requirements of unclaimed vehicles remaining on their lot(s). SECTION TEN: Jacksonville Municipal Code § 5.32.100 is hereby amended to include the following additions, deletions, and provisions: ]MC § 5.32.100 - Failure(s) to Comply or Respond. A) If a towing/wrecker service fails to comply with any of the provisions of this Chapter, said towing /wrecker service shall be removed from the City's Call List(s). If a towing /wrecker service fails to respond to more than Three (3) calls from City for towing services, whether for Police, Code Enforcement, or other needs, said service shall be removed from the Call List(s) maintained by the City. B) No service removed from the Call List(s) shall be reinstated to said List(s) until a minimum of Three (3) months has expired and payment of a Reinstatement Fee of Fifty Dollars ($50.00) is received by the City. C) If a towing /wrecker service is removed from the Call List(s) more than Three (3) times within a year's timeframe, experiences repeated removals from the Call List(s), or repeatedly fails to comply with the provisions of this Ordinance, such a service shall be removed from the Cali Lists) on a permanent basis and will not be eligible for reinstatement. SECTION ELEVEN: All Ordinances and parts thereof in conflict herewith are hereby repealed to the extent of said conflict. SECTION TWELVE: This Ordinance shall take effect upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS 5 & DAY OF OCTOBER, 2006. CITY OF JACKSONVILLE, ARKANSAS jrLAiGiA-Vtk, TOMMY swiarvi MAYOR d k ,t i' CLERK _ , / �1 1 if 4 • ROB. RT E. BA r A ORN —,.