1430 000128
ORDINANCE NO. 1430 ( #18 -2011)
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:
JMC § 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(s)
and insurance coverage 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 authorized to conduct business within the City limits
must provide Twenty-four (24) hour continuous service for the acceptance of
vehicles and request for services. Storage facilities for any vehicles 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 include the following additions, deletions, and provisions:
JMC § 5.32.030 - Equipment, Facilities, Employment, and Records
Requirements.
A) Each towing /wrecker service must have and maintain their rollback(s),
truck(s), wrecker(s), and other required equipment in good and proper mechanical
condition, properly equipped, and each operator must hold all required valid
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ORDINANCE 1430 ( #18 -2011)
Page Two
licensure under State law and regulations. This equipment shall include, but is not
limited to, proper emergency lighting, visible from front and rear, a certified fire
extinguisher, radio or communicative device(s), and sufficient accessories,
equipment, and tools to efficiently perform the required towing /wrecker service(s);
B) Each towing /wrecker service must have and maintain a lit and fully fenced
storage area within the corporate limits of the City of Jacksonville. The lit and
fenced area must be designed and maintained in an adequate manner so as 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 which remains secure from entry by
unauthorized
of evidentiary
and satisfies minimum requirements o d
person(s) q
preservation;
C) Each towing /wrecker service must maintain adequate records of all vehicles
towed at the request of the Jacksonville Police Department and /or 911
Communications Center, with such records to include the date, time, location, make,
model, license, and vehicle identification number of any such towed vehicle. Such
records shall be available for inspection and duplication by members of the Police
Department and /or 911 Communication Center during regular business hours; and,
D) Owner(s), operator(s), principal(s), and employee(s) of said towing /wrecker
service shall not be convicted felon(s), shall have no misdemeanor theft related
and /or drug related conviction(s) within the past Three (3) years. In the event such
charge(s) are filed against an owner, operator, principal, and /or employee, said
service is obligated to notify in writing the Jacksonville Police Department,
specifically, the Captain of the Support Services Division, within Forty -eight (48)
hours of said filing. Dependent upon a case by case review, said service and /or
individual's privilege to operate a towing /wrecker service within the City may be
suspended and /or revoked.
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 and Requirements.
To maintain a qualified position on the Two (2) Call List(s) maintained by the City
(through its 911 Communications Center), each towing /wrecker service must: a)
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ORDINANCE 1430 ( #I8 -2011)
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Each towing service shall submit to the City and have approved by the City a
Request for Proposal (RFP) to provide towing, wrecker, and storage services within
the City, with the knowledge that the City shall only approve a limited number of
said RFPs on an annual basis; b) satisfy all requirements of this Chapter; c) make
available within Fifteen (15) minutes of a call (under normal weather /event
conditions) a suitably equipped wrecker(s) and qualified operator(s) at the
designated scene as directed by City personnel; and, d) if a service fails or is
unable to timely respond, said service is responsible to immediately notify the 911
Communication Center of its unavailability for such a call.
If any such service fails to timely comply with the above requirements and
availability, the next qualified service and operator on the Call List(s) will be
contacted and utilized unless otherwise authorized by an On Scene Supervisor.
Failure of any service(s) to properly and timely respond to more than Three (3) calls
in a Three (3) month timeframe will result in removal of said service(s) from the Call
List(s) utilized by the City as authorized under this Ordinance.
In the event of an emergency, disaster, inclement weather, or other such conditions
warranting such, the City reserves the right to use alternate towing /wrecker
service(s) or other practices to timely and efficiently respond to unusual calls and /or
situations.
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
shall immediately notify the 911 Communications Center of such an accident, its
location, and abide by response instructions as issued by the 911 Center.
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ORDINANCE .1430 ( #18 -2011)
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SECTION SIX :: 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 towing service operator will stand
by and await direction from the on -site officer for removal or work upon any
vehicle(s) in need of towing. The operator shall utilize the waiting period to obtain
required information from the owner /driver of any vehicle(s) 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(s) will abide by all safety and traffic
regulations while proceeding to and on the scene unless otherwise directed by a law
enforcement officer. It shall 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:
JMC § 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.
Vehicles towed to the Jacksonville Police Department for crime scene processing and
retrieved at a later time will be charged and billed as one (1) tow. The Department
will insure the same towing service /operator will be contacted for final removal, and
such a call will not be included in the rotation for services calls.
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).
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ORDINANCE 1430 ( #X8 -2011)
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SECTION TEN; Jacksonville Municipal Code § 5.32.100 is hereby
amended to include the following additions, deletions, and provisions:
JMC § 5.32.100 - Failure(s) to Comply or Respond.
A) If a towing /wrecker service fails to comply with any provision(s) of this
Chapter and /or Arkansas law, 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 City's Call List(s);
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; and,
C) If a towing /wrecker service is removed from the CaII 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 Call List(s) 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.
4PPROVED AND ADOPTED THIS 1st DAY OF DECEMBER, 2011.
OF , CKSONVILLE, A'KANSAS
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