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HomeMy WebLinkAboutO-1047ORDINANCE NO: 1047 AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE OF THE RESIDENTS OF FAIRHOPE, ALABAMA BY LICENSING AND REGULATING VEHICLE WRECKER OR TOWING SERVICES; REQUIRING INSURANCE TO PROTECT THE PUBLIC; ESTABLISHING A FEE STRUCTURE FOR ALL LICENSEES; PROVIDING FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE; SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF PROVISIONS HEREIN: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. DEFINITIONS: For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning herein ascribed. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural; and words used in the male gender include the female and neuter. The word "shall" is always mandatory and not merely directory. (a) "CITY" is the City of Fairhope, Alabama (b) "PERSON' is any person, firm, partnership, association, corporation, company or organization of any kind. (c) "VEHICLE" is any device in, upon or by which any person or property is or may be transported upon a street. (d) "STREET" is any public road, street, avenue, highway or alley. (e) "COUNCIL" is the governing body of the City of Fairhope, Alabama (f) "CHIEF OF POLICE" is the chief of police of the City of Fairhope, Alabama (g) "INCIDENT" is any event wherein the police officer at the scene determines that a wrecker or tow truck is needed, whether it be a wreck, accident, collision, arrest, abandonment, impoundment of vehicle or property, or any event in the nature of an emergency. (h) "WRECKER" is a vehicle operated by a person engaged in the business or the offer of services of a vehicle wrecker or towing service, whereby vehicles are towed or otherwise removed from the place where they are disabled or parked by use of a wrecker so designed for that purpose or by a truck, automobile or other vehicle so adapted for that purpose. Section 2. PERMIT AND LICENSE REQUIRED. No wrecker shall engage in business or offer such services within the city or its police jurisdiction without first obtaining a permit from the chief of police for each tow truck to be operated and a license to operate a wrecker or towing service business from the city as provided in this ordinance. Section 3. APPLICATION FOR PERMITS. Applications for permits issued hereunder shall be made upon forms prepared and made available by the chief of police. All information contained in the application is for the benefit of the persons utilizing the services and the submission of such information shall be considered as authorization that such information as contained in the application is open to inspection by any interested person and that it may be provided and furnished to any person needing or requiring services of a tow truck or of a "wrecker". The applicant shall include such information as the applicant wishes to submit, but must state and provide the following: (a) The name and type of legal entity, trade name (if any), home address, proposed business address, and business telephone number(s) of the person making application. (b) The location, description and hourly availability of the tow trucks owned or operated by the applicant. (c) That the applicant has available space for properly accommodating and protecting all towed vehicles (up to fifteen vehicles) to be towed or otherwise removed from the place where they are disabled or parked. (d) An agreement that the name of the wrecker company will be kept prominently displayed upon each tow truck in letters not less than three (3) inches in height. (e) The description, size and location of a fenced -in area maintained by the applicant under lock and key to protect stored vehicles and the contents thereof. (f) An agreement that the applicant will obey and comply with the terms and provisions of this ordinance and all laws relating to the towing or storage of vehicles for the public, and that the applicant shall cause his employees to obey and comply with the terms and provisions of this ordinance and all laws relating to the towing or storage of vehicles for the public. (g) An agreement that the applicant, under of penalty of violation of Section 13A-7-29 (4) "b. Code of Alabama, 1975, shall remove any glass or other injurious material and otherwise clean up the scene of a wreck or collision where a vehicle serviced by applicant is to be removed from the roadway before removing such vehicle from the roadway. (h) An agreement that the applicant will abide by the fee schedule for towing services referred to the applicant through the rotation wrecker service as further provided hereinbelow. (i) Such other information as the chief of police shall find reasonably necessary to effectuate the purpose of this ordinance and to arrive at a fair determination of whether the terms of this ordinance have been complied with. 0) No wrecker shall be marked by color, decal or other means such as to cause same to resemble a Fairhope Police vehicle or any other law enforcement vehicle. Section 4. INSURANCE REOUIREMENTS AND VEHICLE INSPECTION. (a) All wreckers operating within the city or its police jurisdiction shall maintain a valid bond or insurance policy issued by a surety or an insurance company authorized to do business in the State of Alabama with coverage at the following minimum levels and containing an endorsement providing for thirty (30) days notice to the city, specifically to the officer designated by the police chief to monitor wrecker companies, prior to any material change therein or cancellation thereof: (1) Two Hundred Fifty Thousand Dollars ($250,000.00) for bodily injury to any one person. (2) Five Hundred Thousand Dollars ($500,000.00) for bodily injury in any one accident. (3) One Hundred Thousand Dollars ($100,000.00) for damage to property, other than the towed vehicle and its contents while being either towed or stored. (4) One Hundred Thousand Dollars ($100,000.00) in garage keepers legal liability, including but not limited to coverage for fire, explosion, theft, riot and/or civil commotion, vandalism and collision with a deductible not greater than Five Hundred Dollars ($500.00). (b) Each wrecker operator doing business in the city who moves or otherwise makes contact with any vehicle to be towed, assumes liability for injury to persons, property damage, fire, theft, or any other acts of negligence arising or which may arise from the towing process. (c) Each wrecker operator doing business in the city shall be inspected by the Fairhope Police Department at least once each calendar year, but more frequently if complaints arise, to ensure compliance with the following requirements: (1) That the wrecker company is properly licensed by the city. (2) That the wrecker company is properly insured in accordance with the provisions of this ordinance, evidenced by a copy of certificates of insurance. (3) That all personnel who may respond in behalf of the wrecker operator to any wrecker call in the city have received at least an awareness level of hazardous material training evidenced by a certificate of completion of a recognized hazardous materials course. (4) That a garage or mechanic licensed as such to do business in the city and who is not an owner, employee nor otherwise connected to any wrecker company regulated by this ordinance or the city code generally, has inspected and issued a certificate that each wrecker being operated in the city is in safe operating condition. Such garage or mechanic shall specifically certify that each such wrecker has the following additional equipment installed and in proper working order: a. Equipment: winches; cables; rubber cradle; triangles; broom; ax; shovel; dollies; pry bar; safety chains; b. Wheels: bearings; lugs; c. Tires: front left and right (no recaps), minimum tread depth of 5/32 inch; rear left, outside and all drive tires minimum tread depth of 4/32 inch; d. Brakes: master cylinder; fluid level, leaks; wheel cylinder; brake hose and lines; hydrovac and lines; vacuum or air tanks; parking brake; vacuum or air gauge and buzzer or light; brake pedal fade; pedal pads, if factory equipped; adjustment; brakes; e. Lights: head, clearance; directional; flashers; brake; stop and tail; reflectors; wrecker revolving strobe or flashing yellow or amber light mounted for 360' visibility. f. Exhaust system: exhaust manifold; exhaust pipe; muffler; tailpipe; g. Rear end; springs, shackles and clamps; leaks; h. Clutch and transmission: adjustment; release; i. Body: seats securely fastened and in good condition; no broken glass in any window; no broken or cracked glass in any windshield which obstructs the driver's vision; mirrors, left and right; wipers; windshield washers; horn; fire extinguisher; markings; driver's and passenger's seat belts, if factory equipped; flags and flares; sun visor for driver; j. Steering: steering arm; tie -rod ends and drag -link; front springs, shackles and clamps; sector to frame mounting; steering free play; k. Department of Transportation Emergency Response Guidebook. Section 5. STANDARDS FOR ISSUANCE. The chief of police shall issue a permit hereunder when he finds that: (a) The public convenience and necessity require the proposed wrecker service for which an application has been submitted; (b) Insurance policies as required by this ordinance have been procured; (c) The applicant and all employees are fit and proper persons to conduct or work in the proposed business; (d) The tow trucks of the applicant appear to be in good mechanical condition and so equipped in accordance with requirements herein so that the usual work of a tow truck can be accomplished; (e) The requirements of this ordinance and all other governing laws and ordinances have been met; (f) All requirements for a "wrecker" promulgated from time to time by the State of Alabama have been met. Section 6. PROMULGATION OF REGULATIONS, The chief of police may from time to time promulgate and enforce reasonable rules and regulations for wreckers and tow trucks. Section 7. APPLICATION FOR BUSINESS LICENSE. Upon issuance of a permit or permits by the chief of police, as provided for herein, the owner must make application for a City of Fairhope business license and pay the required license fee at the office of the city clerk prior to doing or soliciting any business in the city. Section 8. TERM FOR PERMIT. Unless sooner revoked, a permit issued hereunder shall be valid for the remainder of the calendar year in which is was issued and may be renewable on the first business day in January for each succeeding calendar year. It shall be unlawful for any person to engage in the business of a wrecker within the city after the expiration of his permit without making an application for renewal and obtaining a valid permit for another year. Permits are non -transferable. Section 9. SELECTION OF WRECKER. The owner of the vehicle or the representative of the owner shall select, when practicable, the wrecker to be used, and the officer, if any present, shall notify the wrecker so selected by the owner. Insofar as is feasible and unless otherwise instructed by the owner or his representative, the police, when calling for a wrecker, shall use a rotations system. The officer, if present, shall also inform the owner or his representative of the cost and charges and other pertinent information concerning the wrecker rotation services. Section 10. GENERAL OPERATION. (a) No wrecker shall proceed to the scene of an incident without being requested to do so by the police or the owner or person in charge of the vehicle. No wrecker operator or employee shall solicit business at the scene of an incident. (b) Each vehicle designed for or adapted to the purpose of a vehicle wrecker or towing service business shall be equipped with a flashing, revolving or strobe amber or yellow caution light mounted for 360' visibility and properly installed. Said caution light shall be operated at the scene of a wreck or collision and while a disabled vehicle is being towed, but shall not be operated while proceeding to the scene of a wreck or collision, unless such use is authorized by the police department in a particular case because of an emergency situation. (c) Each wrecker shall be inspected annually for renewal of permit as provided in Section 9 herein. Section 11. STANDARD EQUIPMENT. Each wrecker shall maintain the following standard equipment on every tow truck: (a) Power winch, winch line and boom with lifting capacity of not less than four thousand pounds single line capacity. (b) One sling and stay bar or other similar device capable of protecting a disable vehicle while it is being towed. (c) Safety chains (d) Fire extinguisher (e) One four foot pry bar or wrecking bar capable of prying open jammed doors (f) One broom (g) One ax (h) One shovel (i) One set of road flares 0) Emergency flasher system capable of emitting two amber lights to the front and two red lights to the rear of the vehicle, which flash simultaneously. (k) One dolly, with name of wrecker prominently and permanently affixed. Section 12. WRECKER ROTATION. Requirements for placement on rotation list. This section applies only to wreckers on rotation list. (a) To qualify for inclusion on a rotation list with the city, a wrecker company must: (1) Maintain a duly licensed business with at least one location licensed within the corporate limits of Fairhope, Alabama. Any wrecker company which desires to be placed on the rotation list must possess a business license from the city to operate a wrecker in addition to any other business license which the company may possess. (2) Have applied to be on such rotation list. The application form will be provided by the police department. (3) Maintain twenty-four (24) hour wrecker service, seven (7) days per week, with a wrecker operator and wrecker on call at all times. Answerine services shall not be permitted since time is of the essence �4) Arrive on ine scene wmmn nr[een k i D) mmuies 1n ine city or inlriy (30) minutes within the police jurisdiction after being dispatched. This does not constitute license or permission for any wrecker driver to disregard traffic laws. (5) Have adequate storage space, enclosed by a six (6) foot chain link fence or wall with a gate under lock and key which provides for the storage and safekeeping of no fewer than fifteen (15) wrecked, disabled or impounded vehicles. Such storage area shall be located within the corporate limits of Fairhope, Alabama. (6) No owner or operator who has been convicted of any felony or any crime involving force or violence or for which a sentence to the state penitentiary could be imposed shall be on the rotation list. a. The owner of the wrecker service shall provide the chief of police with a list of all employees/operators with their names, addresses, dates of birth, social security numbers and the number of a valid Alabama Driver License with the proper classification. b. All personnel who may respond in behalf of the wrecker company to any wrecker call in the city or its police jurisdiction must have a certificate of completion from a recognized Hazardous Materials Class indicating at least an awareness level of hazardous materials training. (7) Each operator shall maintain a record system covering all services performed in pulling or towing all vehicles in conjunction with the Fairhope Police Department rotation system, and such records must at the minimum include the following: a. The date and time the service was requested. b. The name of the person requesting the service. c. The location of the vehicle. d. Description, license and V.I.N. of vehicle towed. e. The vehicle owner or driver's name, if known. f. The service charge and fees. (8) All records required herein must be available for inspection by officers or agents of the Fairhope Police Department. Such inspections shall be conducted at a reasonable date and hour at the wrecker service. (9) The operator shall maintain the required records for both the current license year and the immediately preceding license year. (10) A record of all abandoned motor vehicles shall be maintained by the wrecker company and the sale or disposal of any abandoned vehicle shall be in accordance with Chapter 13, Title 32, Code of Alabama, 1975, as amended. (11) It is the intent of this ordinance that the rotation list shall include only one listing per wrecker company regardless of the number of company locations maintained in the city and regardless of the fact that one owner or group of owners shall own more than one wrecker within the city. Ownerships held in diversity require a separate city license for each location. a. Regardless of the number of wreckers a company may have, it will only be included on the rotation list one time. b. No two or more wrecker companies will share the same physical location, address, parcel of real estate, or telephone number. c. Wrecker companies which wish to remove cars and light trucks may have a flatbed, rollback or slideback carrier with proper specifications and equipment. However, no rollback wrecker as described above will be used to answer a rotation call unless specifically requested by the police dispatcher on duty. If the dispatcher requests a rotation wrecker and does not specify type, then a conventional boom type wrecker must be used. To be placed on the Fairhope Police Department rotation list, each company must have at least one conventional wrecker. (12) It is the further intent of this ordinance that wrecker companies shall be subject to the following: a. No employee of a wrecker company shall call the police dispatcher to inquire as to rotation status. b. Grievances relating to wrecker companies on the rotation list shall not be directed to dispatchers by any means. Such matters shall instead be directed to the chief of police who shall respond within five (5) days. c. Police dispatchers will telephone only one number as provided by the wrecker company. Wrecker companies may elect to have calls forwarded to another number. However, no pagers or answering machines shall be used. d. If a wrecker company becomes unavailable due to wrecker problems, repairs, etc., that company shall call the police dispatcher and so advise. e. Wrecker unavailable calls for frivolous purposes will not be tolerated. (Mere inability to make a wrecker call will result in a loss of turn on the rotation list.) f. Any person or employee violating the foregoing rules will result in the wrecker company being immediately removed from the rotation list for a period of time as follows: First violation 30 days Second violation in same calendar year 90 days Third violation in same calendar year 1 year (13) Classification of Wrecker Company: a. Class A: Has the ability to move all types of vehicles, including large buses, long trailers, tractor -trailers, combinations, loaded. Has a large roll back and a standard one -ton or larger wrecker. b. Class B: Has at its disposal a large wrecker, rollback of one ton or more and a standard one ton wrecker. c. Class C: Has at its disposal a standard one ton wrecker. (14) Maximum Allowable Towing Fees. No wrecker company which qualifies for the rotation list of the police department shall charge any fee in excess of amounts set forth herein for calls referred by police dispatchers: a. Fifty-five dollars ($55.00) for each vehicle towed from one point in the city or jurisdiction to another point therein, for a vehicle of gross weight 10,000 pounds or less. b. In addition to a. above, any service call which requires more than one and one-half hours at the scene, shall be permitted an addition Fifteen Dollar ($15.00) charge. c. In addition to a. and b. above, an additional Fifteen Dollar ($15.00) charge may be made for either changing a tire, removing a dislodged drive shaft or use of a dolly to tow the vehicle. d. No added towing charge will be allowed for moving the towed vehicle to any destination required by the owner within the city or the jurisdiction, but One Dollar and Fifty Cents ($1.50) per mile will be allowed for one-way towing outside the police jurisdiction, to tow a vehicle into the jurisdiction from outside, or to tow a vehicle from the jurisdiction to another destination as required by vehicle owner. e. For vehicles over 10,000 pound gross weight requiring a large or heavy wrecker, there may be a charge of One Hundred Fifty Dollars ($150.00) for towing from any point in the city or the jurisdiction to any other point in the city or jurisdiction. f. For vehicles stored at the designated storage site, there may be charged a daily storage fee as follows: 1. Up to one ton gross weight, Six Dollars ($6.00)/day/vehicle 2. Over one ton, less than 40 feet in length, Eight Dollars ($8.00) per day per vehicle. 3. Ten Dollars ($10.00) additional per vehicle per day for each vehicle in excess of forty (40) feet in length. g. The stated rates shall be subject to annual review and adjustment by the city council annually as deemed appropriate by the council. Section 13. REVOCATION AND SUSPENSION OF LICENSES AND PERMITS. (a) The business wrecker license and/or any wrecker permit issued under this ordinance shall be subject to suspension or revocation by the chief of police if he finds that: (1) The permit or license was procured by fraudulent conduct or false statement of a material fact or that an undisclosed fact concerning applicant was such as would have, if disclosed, constituted just cause for refusal of such license or permit. �a —w m _?ma U �U U a iu0. �a O a=� z a �w (2) The drivers employed or used by the wrecker service have violated provisions of this ordinance or other laws or ordinances governing traffic or the operation of motor vehicles. (3) The information furnished on the application for permit is incorrect or that required procedures are not being followed. (4) The wrecker has violated any other provision of this ordinance, rules or regulations of the police chief, or violation of provisions of any rate or fee schedule in effect. (b) Should the chief of police in exercise of his discretion elect to suspend or revoke any license or permit hereunder, the wrecker company shall have the right to appeal such action to the city council by filing within seven days of such action notice of such appeal to the city clerk. On appeal, the city council shall hold a public hearing to determine whether to uphold, modify or overturn the decision of the chief of police. Section 14. PENALTIES. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of such shall be fined One Hundred Dollars ($100.00) and may be sentenced to ten days in jail, at the discretion of the municipal court, for the first offense; for each subsequent conviction, the defendant shall be fined not more than Five Hundred Dollars ($500.00) and may be sentenced to not more than six months in jail, at the discretion of the municipal court. Section 15. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 16. REPEALER. All provisions of all ordinances in conflict herewith are hereby repealed to the extent of the conflict. Section 17. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE 22°d DAY OF March 1999. e oet J mes P. Nix, Mayor ATTEST: 4eniece W. Johnso , City Clerk AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL a weekly newspaper published in Baldwin County, Alabama Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Pu lication Date Cost: words/inches x rate -�� 1539Q Y -ICe TOTAL: $ Legal Ad Representative Gina indell BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid.V .......... .............. Account No. l0epon l mull Coast Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin Sworn to and subscribed before me this day of 19 Nofary Public, Baldwin County, Alabama MY COMMISSION EXPIRES -MAY 22, 2CO2 .A I Continued from previous page list of all employeestoperators with their names, addresses, dates of birth, social security numbers and the number of a valid Alabama Driver License with the proper classification. Section 14. PEN erson violating any provision of this ordinance shall be dee guilty of a misdemea conviction of such shall be fined One Hundred Dollars ($100.00) and may be senteu: Y to ten days in jail, at the discretion of the municipal court, fc first offense; for each subsequent conviction, the defendant shall be fined not more than Five Hundred Dollars ($500.00) and may be sentenced to not more than six months in jail, at the discretion of the municipal court. b. All personnel who may respond in behalf of the wrecker company to any wrecker call in the city or its police jurisdiction must have a certificate of completion from a recognized Hazardous Materials Class indicating at least an awareness level of hazardous materials training. (7) Each operator shall maintain a record system covering all services performed in pulling or towing all vehicles in conjunction with the Fairhope Police Department rotation system, and such records must at the minimum include the following: a. The date and time the service was requested. b. The name of the person requesting the service. c. The location of the vehicle. d. Description, license and V.I.N. of vehicle towed. e. The vehicle owner or driver's name, if known. f The service charge and fees. (8) All records required herein must be available for inspection by officers or agents of the Fairhope Police Department. Such inspections shall be conducted at a reasonable date and hour at the wrecker service. (9) The operator shall maintain the required records for both the current license year and the immediately preceding license year. (10) A record of all abandoned motor vehicles shall be maintained by the wrecker company and the sale or disposal of any abandoned vehicle shall be in accordance with Chapter 13, Title 32, Code of Alabama, 1975, as amended. (11) it is the intent of this ordinance that the rotation list shall include only one listing per wrecker company regardless of the number of company locations maintained in the city and regardless of the fact that one owner or group of owners shall own more than one wrecker within the city. Ownerships hell in diversity require a separate city license for each location. a. Regardless of the number of wreckers a company may have, it will only be included on the rotation list one time. b. No two or more wrecker companies will share the same physical location, address, parcel of real estate, or telephone number. c. Wrecker companies which wish to remove cars and light trucks may have a flatbed, rollback or slideback carrier with proper specifications and equipment. However, no rollback wrecker as described above will be used to answer a rotation call unless specifically requested by the .police dispatcher on duty. If the dispatcher requests a rotation wrecker and does not specify type, then a conventional boom type wrecker must be used. To be placed on the Fairhope Police Department rotation fist, each company must have at least one conventional wrecker. (12) It is the further intent of this ordinance that wrecker companies shall be subject to the following: a. No employee of a wrecker company shall call the police dispatcher to inquire as to rotation status. b. Grievances relating to wrecker companies on the rotation list shall not be directed to dispatchers by any means. Such matters shall instead be directed to the chief of police who shall respond within five (5) days. c. Police dispatchers will telephone only one number as provided by the wrecker company. Wrecker companies may elect to have calls forwarded to another number. However, no pagers or answering machines shall be used. d. If a wrecker company becomes unavailable due to wrecker problems, repairs, etc., that company shall call the police dispatcher and so advise. e. Wrecker unavailable calls for frivolous purposes will not be tolerated. (Mere inability to make a wrecker call will result in a loss of turn on the rotation fist.) f. Any person or employee violating the foregoing rules will result in the wrecker company being immediately removed from the rotation list for a period of time as follows: First violation 30 days Second violation in same calendar year 90 days Third violation in same calendar year I year (I 3) Classification of Wrecker Company: a. Class A: Has the ability to move all types of vehicles, including large buses, long trailers, tractor -trailers, combinations, loaded. Has a large roll back and a standard one -ton or larger wrecker. b. Class B: Has at its disposal a large wrecker, rollback of one ton or more and a standard one ton wrecker. c. Class C: Has at its disposal a standard one ton wrecker. (14) Maximum Allowable Towing Fees. No wrecker company which qualifies for the rotation fist of the police department shall charge any fee in excess of amounts set forth herein for calls referred by police dispatchers: a. Fifty-five dollars ($55.00) for each vehicle towed from one point in the city or jurisdiction to another point therein, for a vehicle of gross weight 10,000 pounds or less. b. in addition to a. above, any service call which requires more than one and one-half hours at the scene, shall be permitted an addition Fifteen Dollar (515.00) charge. c. In addition to a. and b. above, an additional Fifteen Dollar ($15.00) charge may be made for either changing a tire, removing a dislodged drive shaft or use of a dolly to tow the vehicle. d. No added towing charge will be allowed for moving the towed vehicle to any destination required by the owner within the city or the jurisdiction, but One Dollar and Fifty Cents (S 1.50) per mile will be allowed for one-way towing outside the police jurisdiction, to low a vehicle into the jurisdiction from outside, or to tow a vehicle from the jurisdiction to another destination as required by vehicle owner. e. For vehicles over 10,000 pound gross weight requiring a large or heavy wrecker, there may be a charge of One Hundred Filly Dollars (S I SOY)) for towing from any point in the city or the jurisdiction to any other point in the city or jurisdiction. f. For vehicles stored at the designated storage site, there may be charged a daily storage fee as follows: I. Up to one ton gross weight, Six Dollars ($60))/day/vehicle 2. Over one ton, less than 40 feet in length, Eight Dollars ($g.(Io) per day per vehicle. 3. Ten Dollars (S10.00) additional per vehicle per day for each vehicle in excess of forty (40) feet in length. g. The stated rates shall be subject to annual review and adjustment by the city council annually as deemed appropriate by the council. • •► mill •� • • _ (a) The business wrecker license and/or any wrecker permit issued under this ordinance shall be subject to suspension or revocation by the chief of police if he finds that: (1) The permit or license was procured by fraudulent conduct or false statement of a material fact or that an undisclosed fact concerning applicant was such as would have, if disclosed, constituted just cause for refusal of such license or permit. (2) The drivers employed or used by the wrecker service have violated provisions of this ordinance or other laws or ordinances goveming trallic or the operation of motor vehicles. (3) The information furnished on the application for permit is incorrect or that required procedures are not being followed. (4) The wrecker has violated any other provision of this ordinance, rules or regulations of the police chief, or violation of provisions of any rate or fee schedule in effect. Section 15. SEVERABILITY, Irony section, subsection, sentence, clause, phrase or portion 01 this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the retraining portions hereof. Section 16. REPEALER All provisions of all ordinances in conflict herewith are hereby repealed to the extent of the conflict. Section 17. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE Kn DAY OF MARCH 1999 . ATTEST: Geniece W. Johnson, �Clek )riO d/ S aamcsP. N , Mayo �— C-3-27 „, , (b) Should the chief of police in exercise of his diKretion elect to suspend or revoke any license or permit her u+recker company shall have the right to appeal such action to the city Council by film days of such action notrs of such appeal to the city clerk. On appeal, the city co a public hearing to determine whether to uphold, modify or overturn the decisipn a of of police. f Phillips Street n; run thence South more or less, to said ction; run thence astwardly along the line of said Phillips Extension to its junc- Hith the centerline of ,ord Road; run thence along the centerline of dford Road and continue Honeysuckle Lane as nded to its junction with centerline of Pollard Lane extended; run thence ectly East to the centerline County Road 13; run nce North along the cen. the of said County Road , as extended, to its junc- on with Interstate 10; thence n East along the centerline f Interstate 10 to its intersec- on with County Road 27; run ence North along the cen. erline of County Road 27 to is junction with U.S. Highway 31; run thence West along the centerline of U.S. Highwav 31 2 and 3; run thence North along the East line of School Board District No. 1 to the point of beginning. SCHOOLBOARD ELECTION DISTRICT NO. From the junction of the centerline of Interstate 10 and the Baldwin County- Escambia County, Florida line, run Westwardly along the centerline of Interstate 10 to its intersection with Cowpen Creek, approximate- ly .3 of a mile West of County Road 87; thence follow Cowpen Creek Westwardly and Northwestwardly, as extended, to the Southeast corner of Section 10, Township 4 South, Range 4 East; run thence North along the East line of Section 10 to its intersection with the can. terline of Northcut Lane; con. tinue thence North along the centerline of Northcut Lane, as extended, to its intersec. e centerline of 64, which is the juncture of School Board District Nos. 1, 2 and 3; thence follow the Southern boundary of School Board District No. 1 Westwardly to its intersection with the con. terline of U.S. Highway 98; thence follow the Eastern boundary of School Board District No. 7 South along the centerline of U.S. Highway 98 to its junction with School Board District No. 6 at the centerline of Parker Road; thence follow the Northern border of School Board District No. 6 South and Eastwardly to its junction with School Board District No. 4; thence follow the Northern and Eastern border of District No. 4 to its junction with the shoreline of Wolf Bay; thence follow the mean. derings of the shoreline of Wolf Bay Eastwardly and Southerly and continuing Eastwardly along the mean - shoreline of along the centerline of Brewer'r junction, with Waterhole Road to its junction with the centerline of County Road 65; Branch; continue thence run thence North along the West on Waterhole Branch to its junction withh,.t�he center - centerline of said County Road 65 to its intersection line of County Road 48; run with the centerline of U.S. thence West along the center - line of County Road 48 to its Highway 98; run thence East along the centerline of U.S. intersection with the center - Highway 98 to its intersection line of State Highway 59; run thence North along the cen- with the centerline of Hickory terline of State Highway 59 to Street; run thence North its intersection with the cen. along the centerline of terline of County Road 50; run Hickory Street to its intersec. thence West along the center- tion with the centerline of line of County Road 50 which Fem Avenue; thence run East also is the Southern bound - along the centerline of Fern ary of the Robertsdale city Avenue to its intersection with the centerline of Cedar Street; run thence North along the centerline of Cedar Street to its intersection with the centerline of Peachtree Avenue; run thence East along the centerline of Peachtree Avenue to its inter- section with the centerline of Pecan Street, which is also the Western boundary of the Foley city limits; follow the Foley city limits Southwardly to the centerline of 9th Avenue; thence run West along the Foley city limits and he centerline of 9th Avenue o its intersection with the nterline of Juniper Street; n thence South along the nterline of Juniper Street to junction with the center- ne of Beck Road; run thence outheasterly along the eanderings of the centerline Beck Road to its intersec- n with the centerline of unty Road 20; continue ence Southerly along the nterline of James Road to Intersection with the cen- rline of County Road 12; run ence East along the center- s of County Road 12 to its notion with the centerline of scoe Road; run thence uthwardly along the mean - rings of the centerline of scoe Road as extended to intersection with the per tributary of Portage k; thence follow this trib- ary-creek to its junction ith Wolf Bay; thence run orth along the Western oreline of Wolf Bay to Miflin eek; run thence North ong the meanderings of iHin Creek to Gum Branch; ence follow Gum Branch rth to its junction with the nterline of County Road 87; n thence North along the nterline of County Road 87 its junction with F:kwater River; run thence t along the meanderings Black -water River to its limits to the Western bound- ary of the Robertsdale city limits; run thence North along the Western boundary of the Robertsdale city limits to its junction with the centerline of County Road 52; run thence West along the centerline of County Road 52 to its inter- section with the centerline of County Road 55; run thence South along the centerline of County Road 55 to its inter- section with the centerline of State Highway 104; run thence West along the center- line of State Highway 104 to its junction with School Board District No. 6; thence follow the Eastern and Southern boundary of District No. 6 to the point of begin- ning. SCHOOL BOARD ELECTION DISTRICT NO.5 Begin at the mouth of Bon Secour River, run thence Northeastwardly with this river and follow the boundary of School Board District No. 4 to the junction of Portage Creek and Wolf Bay; continue Eastwardly following the Southern shoreline of Wolf Bay, Bay La Launch and Arnica Bay as extended across Perdido Bay to the Baldwin County-Escambia County, Florida line; run thence Southwardly along the Baldwin County-Escambia County, Florida line to the shoreline of the Gulf of Mexico; from this point run thence Westwardly following the shoreline of the Gulf of Mexico around Fort Morgan; run thence Eastwardly along the shoreline of Mobile Bay and Bon Secour Bay to the point of beginning. SCHOOLBOARD ELECTION DISTRICT NO.6 From the intersection of the West line of School Board District No. 4 with the South line of School Board District NOtateHighwa the poirH imi is Branch i y 1 run thence South down t Pensacola Branch to its jun tion with Fish River; ru thence South down this rive to its junction with Waterhole Branch; thence up Waterhole Branch to its junction with the centerline of County Road 24 as extended; thence Westwardly along the center. line of County Road 24 to its intersection with the center- line of County Road 13; run thence South along the cen- terline of County Road 13 to its intersection with the cen- terline of U.S. Highway 98; thence West along the center- line of U.S. Highway 98 as extended to Mobile Bay; run thence Northwardly with the shoreline of Mobile Bay to the point of junction with School Board District No. 7; thence follow the Southern border of District No. 7 to its intersec- tion with the centerline of U.S. Highway 98; thence South along the centerline of U.S. Highway 98 to its intersection with the Fairhope city limits; thence Easterly and Southerly along the Fairhope city limits to its intersection with the centerline of State Highway 104; thence run East along the centerline of State Highway 104 to the point of beginning. SCHOOL BOARD DISTRICT NO.7 From the junction of U.S. Highway 98 and the Southern boundary of the Daphne city limits, run South along the centerline of U.S. Highway 98 to its junction with the center- line of Parker Road; run thence West along the center- line of said Parker Road to its junction with the centerline of Main Street; run thence North along the centerline of Main Street to its intersection with the centerline of San Souci; run thence West on San Souci as extended to Mobile Bay; thence follow the meanders of said Mobile Bay and remaining Southwardly of Interstate 10 and the Mobile Bay Causeway to a point where the South shoreline of Mobile Bay Causeway inter- sects with the Mobile -Baldwin County line; from this point follow the boundary line of School Board District No. 1 Eastwardly and Southerly to the point of beginning. R-B-L-3-25;4.1 D-C-1.0-3.27;4-3 and enforce reasonable rules and regulations for wreckers and tow trucks. ction 7. APPLICATION FOR BUSINESS LICENSE, Upon issuance of a permit or permits the chief of pobce, as provided for herein, the owner must make application for a City of Thope business license and pay the required license fee at the office of the city clerk prior to ing or soliciting any business in the city. ction 8. TERM FOR PERMIT. Unless sooner revoked, a permit issued hereunder shall be lid for the remainder of the calendar year in which is was issued and may be renewable on the st business day in January for each succeeding calendar year. It shall be unlawful for any person engage in the business of a wrecker within the city after the expiration of his permit without eking an application for renewal and obtaining a valid permit for another year. Permits are non- etion 9. SELECTION OF WRECKER. The owner of the vehicle or the representative of the finer shall select, when practicable, the wrecker to be used, and the officer, if any present, shall :ify the wrecker so selected by the owner. Insofar as is feasible and unless otherwise instructed the owner or his representative, the police, when calling for a wrecker, shall use a rotations tem. The officer, if present, shall also inform the owner or his representative of the cost and rges and other pertinent information concerning the wrecker rotation services. LVIKII'Mel 91 "A6111 Kila` (a) No wrecker shall proceed to the scene of an incident without being requested to do so the police or the owner or person in charge of the vehicle. No wrecker operator or employee A solicit business at the scene of an incident. (b) Each vehicle designed for or adapted to the purpose of a vehicle wrecker or towing re business shall be equipped with a flashing, revolving or strobe amber or yellow caution mounted for 360° visibility and properly installed. Said caution light shall be operated at the of a wreck or collision and while a disabled vehicle is being towed, but shall not be operated proceeding to the scene of a wreck or collision, unless such use is authorized by the police rtment in a particular case because of an emergency situation. (c) Each wrecker shall be inspected annually for renewal ofpermit as provided in ion 9 herein. ion 11. STANDARD EQUIPMENT. Each wrecker shall maintain the following standard pment on every tow truck: (a) Power winch, winch line and boom with lifting capacity of not less than four thousand ids single line capacity. (b) One sling and stay bar or other similar device capable of protecting a disable vehicle it is being towed. (c) Safety chains (d) Fire extinguisher (e) One four foot pry bar or wrecking bar capable of prying open jammed doors (f) One broom (g) One ax (h) One shovel (i) One set of road flares 0) Emergency flasher system capable of emitting two amber lights to the front and two red s to the rear of the vehicle, which flash simultaneously. ' (k) One dolly, with name ofwrecker prominently and permanently affixed. ion 12. WRECKER ROTATION. Requirements for placement on rotation list. This section applies only to wreckers on rotation list. (a) To qualify for inclusion on a rotation list with the city, a wrecker company must: (1) Maintain a duly licensed business with at least one location licensed within the corporate limits of Fairhope, Alabama. Any wrecker company which desires to be placed on the rotation list must possess a business license from the city to operate a wrecker in addition to any other business license which the company may possess. (2), Have applied to be on such rotation W. The application form will be provided I by the police department. (3) ivtaintain twenty-four (24) hour wrecker service, seven (7) days per week, with a wrecker operator and wrecker on call at all times. Answering services shall not be permitted since time is of the essence when responding to a wrecker call. (4) Arrive on the scene within fifteen (15) minutes in the city or thirty (30) minutes within the poUcejurisdiction after being dispatched. This does not constitute license or permission for any wrecker driver to disregard traffic laws. (5) Have adequate storage space, enclosed by a six (6) foot chain link fence or wall with a gate under lock and key which provides for the storage and safekeeping of no fewer than fifteen (15) wrecked, disabled or impounded vehicles. Such storage area shall be located within the corporate limits of Fairhope, Alabama. . (6) No owner or operator who has bon convicted of any felony or any crime involving force or violegra or for which a sentence to the slate penitentiary could be imposed shall be on the rotation list. a a. The ov ner of the wrecker service shall pro, of police with a buntlnue&on next page r owever, no pagers or answenng machines shall be used¢ d. ILa wrecker company becomes unavailable due to wrecker problems, repairs, etc., that company shall call the police dispatcher and so advise. e. Wrecker unavailable calls for frivolous purposes will not be tolerated. (Mere inability to make a wrecker call will result in a loss 6 turn one rotation list.) W. f. Any person or employee violating the foregoing rules will result in the wrecker company being immediately removed from the rotation list for a period of time as follows: First violation 30 days Second violation in same calendar year 90 days Third violation in same calendar year I year (13) Classification of Wrecker Company: a. Class A: Has the ability to move all types of vehicles, including large buses, long trailers, tractor -trailers, combinations, loaded. Has a large roll back and a standard one -ton or larger wrecker. b. Class B: Has at its disposal a large wrecker, rollback of one ton or more and a standard one ton wrecker. c. Class C: Has at its disposal a standard one ton wrecker. (14) Maximum Allowable Towing Fees. No wrecker company which qualifies for the rotation list of the police department shall charge any fee in excess of amounts,set forth herein for calls referred by police dispatchers: a. Fifty-five dollars ($55.00) for each vehicle towed from one point in the city or jurisdiction to another point therein, for a vehicle of gross weight 10,000 pounds or less. b. In addition to a. above, any service call which requires more than one and one-half hours at the scene, shall be permitted an addition Fifteen Dollar (S 15.00) charge. c. In addition to a. and b. above, an additional Fifteen Dollar ($15.00) charge may be made for either changing a tire, removing a dislodged drive shaft or use of a dolly to tow the vehicle. d. No added towing charge will be allowed for moving the towed vehicle to any destination required by the owner within the city or the jurisdiction, but One Dollar and Fifty Cents (St. 50) per mile will be allowed for one-way towing outside the police jurisdiction, to tow a vehicle into the jurisdiction from outside, or to tow a vehicle from the jurisdiction to another destination as required by vehicle owner. e. For vehicles over 10,000 pound gross weight requiring a large or heavy wrecker, there may be a charge of One Hundred Fifty Dollars (SI50.(X)) for towing from any point in the city or the jurisdiction to any other point in the city or jurisdiction. f. For vehicles stored at the designated storage site, there may be charged a daily storage fee as follows: 1. Up to one ton gross weight, Six Dollars (S60))/day/vehicle 2. Over one ton, less than 40 feet in length, Eight Dollars ($8.01)) per day per vehicle. 3. Ten Dollars (S10.00) additional per vehicle per day for each vehicle in excess of forty (40) feet in length. g. The stated rates shall be subject to annual review and adjustment by the city council annually as deemed appropriate by the council. Section 13. REVOCATION AND SUSPENSION OF LICENSES AND PERMITS (a) The business wrecker license and/or any wrecker permit issued under this ordinance shall be subject to suspension or revocation by the chief of police if he finds that: (1) The permit or license was procured by fraudulent conduct or false statement of a material fact or that an undisclosed fact concerning applicant was such as would have, if disclosed, constituted just cause for refusal of such license or permit. (2) The drivers employed or used by the wrecker service have violated provisions of this ordinance or other laws or ordinances governing traffic or the operation of motor vehicles. (3) The information furnished on the application for permit is incorrect or that required procedures are not being followed. (4) The wrecker has violated any other provision of this ordinance, rules or regulations of the police chief, or violation of provisions of any rate or fee schedule in effect. (b) Should the chief of police in exercise of his discretion elect to suspend or revoke any license or permit hereunder, the wrecker company shall have the right to appeal such action to the city council by filing within seven days of such action notice of such appeal to the city clerk. On appeal, the city council shall hold a public hearing to determine whether to uphold, modify or overturn the decision of the chief of police. Theresa Falrc_ loth, a married Court of Baldwin County, person Ile Federal Alabama, In Case No. CV-99.149, Bank dated the 14th bar, 1995 styled above. In this caw the Plaintiffs and eel Prop- say they own the property erty Book , age 1814 of described as follows, to -wit: the records In the Office of Lot Number Seven, Isis of the Judge of Probatd of Pines Subdivision, accord - Baldwin County, Alabama; $ Ing to Map Book 5, Pago 164 which mortgage In4he Office of the Judge of was subso- yyuently &sal n*d to Me no Probate, Baldwin County, Mortgage �ompony n/k/a Alabama. Union Planters PMAC, Inc. and are In by Instrument recorded In peaceable pos- session of it, and they alone the records In the Office of have paid tax on this prop - the Judge of Probate, Bald- erty for the past twenty (20) win County, Alabama; and years and have asked the notice Is hereby given that Court to divest you and each the undersigned, as holder of you of all title_ you may of said Mortgage will under and by virtue of the power of own In the aforesaid prop• erty. An order has been here - sale contained In said Mort- tofom made and entered that gage, sell at public outcry for notice of the proceedings of cash to the highest bidder this suit be published once a during the legal hours of sale week for four (4) consecutive on the 29th day of April, 1999, at the front or main weeks In a newspaper ppub- Iished In Bay Minette, Bald - door of the Baldwin County win County, Alabama. If you Courthouse, Bay Minatt*, Alabama, the following do- or any of you claim any In - torest In any of the aforesaid scribed real property sl- property you must appear tuated In this County of and Hlo some responsive Baldwin, State of Alabama, ploading to this suit within described In said Mortgage sixty (60) days after the first herainabove referred to, viz: publication of this notice, From the Southesat corner namely the 5th day of May, of Section 10, Township 5 1999, at which time said South, Range 2 East, Bald- cause will stand at Issue. win County, Alabama, run Witness my hand this the North 69 degrees, 57 minutes, 08 seconds West 22nd day of February 1999. Jackie N. Calhoun along a South line of said Circuit Clark Section, 1,817.1 feet to a C-3$13-20-27 point; thence run North 00 degrees, 10 minutes, 39 sea IN THE CIRCUIT COURT onus West 30 feet to a point OF BALDWIN COUNTY, on the North right of way line ALABAMA of Pleasant Road; thence CASE NO: CV-99-203 continue North 00 degrees, M. R. TORIAN and 10 minutes, 30 seconds Waist DORIS D. TORIAN, 382 feet to an Iron pin; asCo-Executorand thence run South 89 do- Executrix under the grees, 57 minutes, 08 sec- Last Will and onds East 355.68 feet to an Testament of Iron pin for the point of be- Rhonda Carolyn thence continue Marshall, ginning; outh 89 degrees, 57 Plaintiffs minutes, 08 seconds East vs. 139.2 test to an Iron pin; ORBY E. MERCHANT III, if thanes run North 00 degrees, living and If deceased, hie 11 minutes, 30 seconds West hairs at law and next of kin 180 feet to an Iron pin; (or devisee under any Last WIII thence run North 89 degrees, 57 minutes 08 West 139.2 feet Iron and Testament which might exist), Defendant. to an in; thence South 00 degrees, run 11 minutes, 30 seconds East LEGAL NOTICE TO ORBY E. MERCHANT III 180 toot to the point of be- M. R. Tartan and Doris D. pinningg. Together with a 20 T o r I a n, a s C o- foot ingress and *gross Executor/Executrix under easement described as fol- the Last Will and Testament lows: From the Southeast of Rhonda Carolyn Marshall, corner of Section 10, Town have filed In Complaint For ship 5 South, Range 2 East, Declaratory Judgment In the Baldwin County, Alabama, Circuit Court of Baldwin run North 89 degrees, 57 County, Alabama In Case minutes, 08 seconds West Number CV-99.203, styled along the South line of said above. In this case the Plain - Section, 1,817.1 feet to a tiffs assert that the Last Will point; thence run North 00 and Testament of Rhonda degrees, 10 minutes, 39 sec- Carolyn Marshall was validly onds West 30 feet to a point executed and admitted to on the North right of way line probate and that It Is In the of Pleasant Road for the best Interest of the adminis- point of beginning; thence tratlon of the estate to sell continue North 00 degrees, certain real property of the 10 minutes, 39 seconds West decedent and distribute the 382 test to an Iron pin; proceeds of the sale to the thence run South 89 do- bensficlaries named In the gram, 57 minutes 08 am- ends East 355.68 ie*t to an will. The complaint which has been filed Is Important Iron pin; thence run North 00 and you must take Imme- degress 11 minutes, 30 sec- ;West 20 feet; diate action to protect your rights. You ands thence run North 89 degrees, 57 are required to mail or hand deliver a copy minutes 08 seconds West ioet of a written answer either 375.68 to an Iron pin; admitting or denying each al - thence run South 00 do- legation in the complaint to gross, 10 minutes, 39 sec- East 402 feet George R. Irvine III, the law- the Plaintiffs, onds to said North right of way line; yer of whose address Is 7133 Stone Drive, thence run South 89 do- Daphne, Alabama 36526. grees, 57 minutes, 08 see- This Answer must be mailed and. East, 20 feet to the within thof irty olds Ifrom he nt of �s date last) FrSom ESoutheTast publication notice do- theD corner llvery to wh:Mayi 10, 1999, or of Section 10, Township 5 a judgment by default may South, Range 2 East, Bald- be entered against you for win County, Alabama, run North 89 degrees the money or other things demanded In 57 minutes, 08 seconds West the earn ptaint. Jackie N. Calhoun along a South line of sail Circuit Clerk Section, 1,817.1 feet to a C-3-20-27;4-3-10 point; thence run North 00 dsgress, 10 minutes, 39 sec- onds West; 30 feet to a point LEGAL LEGAL NOTICE on the North RIGHT-OF-WAY cuit Court of line of Pleasant Road; thence continue North 00 Alabama, Baldwin County, degrees, 10 minutes, 39 sec- No. CV-98-1031 GreenTree onds West, 382 feet to an Iron pin; thonce run South 89 Financial Corp. degrees 57 minutes, 08 see- Plaintiff onds East 355.68 feet to an vs. Iron pin for the POINT OF Chlpsey Garrott BEGINNING; DDeefendant — Maim - tiff, filed In the above entitled cause an affidavl that the Defendant n11 avolding servk» f In excess of thlrty NOW THER FO he same Raymond Terry Sells Is hereby commanded to an- swer or plead by May 10, 191L9, to the Gamishment flied In the above entitled cause. WITNESS my hand this 5th day of March, 1999. ATTEST Jackie N. Calhoun, Clerk, Circuit Court' M. DONALD DAVIS JR. Attorney for Plaintiff Of Counsel: Strata & Permutt, P.C. One St. Louis Centre, Suite 1000 Post Office Drawer 2025 Mobile, Alabama 36652 (334)432-1671 C-3-20-27;4-3-10 LEGAL NOTICE At the Falrhopo Planning & Zoning Commission meeting scheduled for Monday, April 5, 1999 at 5:00 p.m. at the Cfty Administration Building, 16i N. Section Strom In the Council Chambers, a public hearing will be held for a re- zoning of the ppropertyy of Linda Walker/FSTC et 8800 Morphy Avenue from R-A Rural Acrlculture to R-2 Ma. tner described as: Commencing at the North- east corner of the Southeast quarter of the Southeast quarter of Section 16, Town- ship 6 South, Range 2 East, Baldwin County, Alabama, run thence South 89 de- grees, W minutes 00 sec- onds West, 774 feet to a point; thence run South, 30 feet to an Iron pipe on the South right-of-way line of Morphy Avenue for the POINT OF BEGINNING; thence continue South, 350.00 feet to a point; thence run South 89 degrees, 46 minutes, 00 seconds West, 143.00 feet to a point; thence run North, 350.00 feet to an Iron pin on said South right- of-way line of Morphyy Avenue; thence run North 89 degrees, 46 minuutes, 00 sea onds of -we line along 00 ffoiot tid ogth� POINT OF 6EGINNING. As an adjacent property owner, you are being notified and are welcome to attend the meeting. Betty Rlvenbark, Secretary Planning & Zoning Commission C-3-27;4-3 LEGAL NOTICE At the Falrhope Planning & Zoning Commission meeting scheduled for Monday, April 5, 1999 at 5:00 p.m. at the City Administration Building, 161 N. Section Street In the Council Chambers, a public hearing will be hold on zoo Ing concurrent with annexa- tion for Rock Cres Phase 5 being developed Rock Creek Partners, L.L- for the following described prop- erty: Rock Creek, Phase 5, overall description. Commence at the South- west comer of Section 28, Township 5 South, Range 2 East, Baldwin County, Ala- bama for the point of begin- ning, run thence North 00 degges re21 minutes 09 soc- onds West alongg the West line of said Seaton 28 for 2641.92 feet; run thence South 89 degrees 66 minutes 01 seconds East for 659.90 feet, run thence South 00 degrees 15 minutes 54 sec- onds East for 2643.40 feet to the South line of said Sec- tion 28; run thence South 89 degrees 48 minutes 09 sec- onds East along the South line of sold Section 28 for 384.23 feet; run thence South 01 degrees 44 minutes 31 seconds West for 2640.33 feet; tun thence North 89 do- 9grees 48 minutes 39 seconds West for 1040.03 feet to the West line of Section 33, Township 5 South, Range 2 East, Baldwin County, Ala- bama; run thence North of duress 44 minutes 33 soc- nn a sM I....w #tip %U_ ancnaa e. oauara Attorney for Lien Holder C-3-20-27;4-3 NOTICE OF PUBLIC HEARING Notice Is hereby given that the FalrhoLe City Council will hold a Public Hearing on the following proposed or- dinance amending Zoning Ordinance No. 557,, on Mon- day, April 26, 1999 at 5:30 p.m. Falrhope Municipal Complex Council Chamber, 151 North Seotlon Street, Falrhops AL 36532. PROPOSED ORDINANCE WHEREAS, JAMES R. GERAM the owner of the hereinaAer described prop - art In writing, petition the Clty of Falrhops, a muni- clpal corporation, for annex- ation and zoning under Sec- tion 11-42-21 of the Code of Alabama, 1975, as amended, and, WHEREAS A MAP OF SAID PROPERTY IS ATTA- CHED TO SAID PETITION AS AN EXHIBIT, NOW, THERE- FORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CRY OF FAIRHOPE, ALA- BAMA, that the following de- scribed property, lying con- tlgguoue to the corporate II- mlts of the City of Falrhope, Alabama, and not within the corporate limits or the police jurisdiction of any other munlclpall, be and the same Is hertyeby annexed to the City of Falrhope, Ala- bama to -wit: JAMES R. GERAM, LO- CATED ON JUBILEE LANE, MORE PROPERLY DE- SCRIBED: Lot number fif- teen (15) of a subdivision in the West half of the Sc uth- west Quarter and Southwest Ouarter of the Northwest Ouarter of Section 9, Town- ship 6 South, Range 2 East, Baldwin County Alabama, according to the plat thereof recorded In the Office of the Judg• of Probate of the Baldwin County, Alabama In Deed Book 4, Page 277, be- Ing a lot 315 fast north and south and 600 feet east and west. BE IT FURTHER OR- DAINED that this property will be zoned R-2 Residential Medium Density Single Fa- mily District concurrent with annexation, and BE IT FURTHER OR- DAINED that a certified copy of this ordinance, with a copy the petition and the exhibitof , be recorded In the Office of the Probate Judge, Baldwin County, Alabama. This ordinance shall take effect Immediately upon its due adoption and pub- lication as required by law. END OF PROPOSED ORDINANCE All poreons who desire shall have an opportunity to be hoard In favor of, or In opposition to, this proposed ordinance and are cordially Invited to be present. Genloce W. Johnson City Clark C-3-27 Notico of Appointment to be Published PROBATE COURT ESTATE OF JULIA C. RAMSEY Letters of Administration on the estate of said deceased having been gran- ted to the undersigned on the 4th day of March, 1999, by the Honorable Adrian T. Johns, Judge of the Probate Court of Baldwin County, no. tice Is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred. RUSSELL B. RAMSEY Personal Representative SAMUEL W. INGE Attorney at Law Post Office Box 1201 Falrhops, AL 36533 C-3-13-20-27 Notice of Appointment to be Published PROBATE COURT ESTATE OF S117ANK10o urrulrouT of B n C��ynnty, notice Is horeby giverfthat all persons havlAg claims against said estate are hereby required to present the same within time allowed by law or the same will be barred. ALEXANDER DAVID LEE CARLISLE Personal Representative ROBERT E. MCDONALD Attorney at Law 955 Downtowner Boulevard Mobile, AL 36609 C-3-20-27;4-3 Notice of Appointment to be Published PROBATE COURT ESTATE OF CARMELITAG. ROBINSON Letters ToMamentary on the estate of said deceased having been granted to the undersigned on the 9th day of March 1999, by the Now arable Adrian T Johns, Judge of the Probate Court of Baldwin County, notice Is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred. PATRICE ROBINSON-NORWOOD Personal Representative RICHARD C. LACEY Attorney at Law Post Office Drawer 1437 Falrhops, AL 36533 C-3-20-27,4-3 Notice of Appointment to be Published PROBATE COURT ESTATE OF ANNE HANFORD RICKARBY Letters Testamentary on the estate of said deceased having been granted to the undersigned on the 16th day of March 1999, byy the How orable Adrlan T. Johns, Judge of the Probate Court of Baldwin County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred. SOUTH ALABAMA TRUSTCOMPANY Personal Representative DANIELA. BENTON Attorney at Law Post Office Box 471 Falrhope, AL 36533 C-3.27;4-3-10 Notice of Appointment to be Published PROBATE COURT ESTATE OF WALLACE JUDSON ELLIOTT Letters Testamentary on the *state of said deceased having been granted to the undersigned on the 171h day of March 1999, byy the Hon- orable AT Adrian . Johns, Judge of the Probate Court of Baldwin County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the some will be barred. STEPHEN WALLACE ELLIOTT and MARK PRICE ELLIOTT Personal Representatives CHARLES B. BAILEY JR. Attorney at Law Post Office Box 1788 Mobile, AL 36633 C-3-27;4-3-10 Notice of Appointment to be Published PROBATE COURT ESTATE OF SUSAN A. BOLLINGER Letters Testamentary an the estate of said deceased having been granted to the undersigned on the 17th day of March 1999, by the Hon- orable Adrian T Johns, Judge of the Probate Court of Baldwin County, notice Is hereby given that all persons having claims against sold estate are hereby required to present the same within time allowed by law or the same will be barred. ELAINE K. HANSON Personal Representative DANIELA. BENTON Attorney at Law Post Office Box 471 Falrhope, AL 36533 C-3-27;4.3-10 undersigned on the 17th day of March 19" b n- oreble Adrlan Judge of the Pro t" of Baldwin County, hereby given that all "on having claims against aald estate are hereby reyulred to present the same within time allowed by law or the same will be barred. CHERAYLSTEPHENS Personal Representative RON E. KOPESKY Attomey at Law Post Office Box 1138 Falrhope, AL 36533 C-3-27;4-3.10 SECOND NOTICE OF PUBLIC HEARING Notice Is hereby given the second time that the Fair - hope City Council will hold a public hearing on a pro- posed ordinance amending Zoning Ordinance No. 557 on Monday, April 26, 1999 at 5:30 pm. Falrhope Municipal Complex Council Chamber, 161 North Section Street, Falrhops, AL 36532. All persons who desire shall have an opportunity to be heard In favor of, or In opposition to, this proposed ordinance and are cordially Invited to be present. Synopsis of Proposed Or- dinance to be considered; Ordinance printed In full In 03/20/99 Issue of The Fair- hopeCourier: Corn lets revision of AR- TICLE VI — PLANNED UNiT DEVELOPMENT PROV- ISIONS Mobile Home Park prov- talons contained In the Planned Unit Development Provisions are proposed to be Included In the Falrhope Zoningg Ordinance as Section V, sub-seotion 5.6, R-6 Mo- bile Home Park District, with no substantive text changes. Section 4.423 Restoration of Damaged Buildings, pro- posed to read as follows: A non -conforming build- Ing or structure which Is da- maged or destroyed may be restored to Its former boun dories within not more than one year from the date of such event, after which time the formerly existing struc- ture shall be deemed a non- conformity lost of discontin- uance. Provided, however, that any building which Is removed or deliberately des- troyed by the owner or his agent, and not a result of damage caused by fire, windstorm or other natural calamity shall render the non -conformity void and any replacement building or structure shall conform to the required district set- backs. Section 4.415 Discontin- uance, proposed to reed as follows: A non -conforming caw which became such after the adoption of this ordinance and which has been discon- tinued for a continuous period of one (1) year or more shall not be rees- tablished and any future use shall be conformity with the requirements of this ordin- ance. Section 4.4224 Front and Side Yard Setbacks, pro- posed to read as follows: a. The front setbacks (and, on comer lots, the street side setback), shall not apply to any lot where the average setback In the same block and within 200 feet of the subject lot is loss than the minimum setback required for the district. In such cases, the proposed building may be aligned with the average setback of bulld- Ing/s existing on each side of the proposed bullcil4 Where buildings exist Doty on one side of the p: 1,wsed now structure, the min„num required setback shall be the average of the existing build- Ing setback and that ro- qulrad for the district." Co nplets text of the pro- posed revisions Is on file In the office of the City Clark and may be examined by the public. C-3-27 ORDINANCE NUMBER . toes / TOPROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE OF T WCE TS OF FAIRHOPE, ALABAMA BY LICENSING AND RE9ULATING VEt1I 'LE WRECKER OR TOWING SERVICES; REQUIRING INSURANCE TO PROTECT THE PUBLIC; ESTABLISHING A FEE STRUCTURE FOR ALL LICENSEES; PROVIDING FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE: SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF PROVISIONS HEREIN: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAiRHOPE, ALABAMA, as follows: Section 1. DEFINITIONS: For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning herein ascribed. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural; and words used in the male gender include the female and neuter. The word "shall" is always mandatory and not merely directory. (a) "CITY" is the City of Fairhope, Alabama (b) "PERSON" is any person, firm, partnership, association, corporation, company or organization of any kind. (c) "VEHICLE" is any device in, upon or by which any person or property is or may be transported upon a street. (it) "STREET' is,any public road, street, avenue, highway or alley. (e) "COUNCIL" is the governing body of the City of Fairhope, Alabama (i) "CHIEF OF POLICE" is the chief of police of the City of Fairhope, Alabama (g) "INCIDENT' is any event wherein the police officer at the scene determines that a wrecker or tow truck is needed, whether it be a wreck, accident, collision, arrest, abandonment, impoundment of vehicle or property, or any event in the nature of an emergency. (h) "WRECKER" is a vehicle operated by a person engaged in the business or the offer of services of a vehicle wrecker or towing service, whereby vehicles are towed or otherwise removed from the place where they are disabled or parked by use of a wrecker so designed for that purpose or by a truck, automobile or other vehicle so adapted for that purpose. Section 2. PERMIT AND LICENSE REOUiRED. No wrecker shall engage in business or offer such services within the city or its police jurisdiction without first obtaining a permit from the chief of police for each tow truck to be operated and a license to operate a wrecker or towing service business from the city as provided in this ordinance. Section 3. APPLICATION FOR PERMITS. Applications for permits issued hereunder shall be made upon forms prepared and made available by the chief of police. All information contained in the application is for the benefit of the persons utilizing the services and the submission of such information shall be considered as authorization that such information as contained in the application is open to inspection by any interested person and that it may be provided and furnished to any person needing or requiring services of a tow truck or of a 'wrecker". The applicant shall include such information as the applicant wishes to submit, but must state and provide the following: (a) The name and type of legal entity, trade name (if any), home address, proposed business address, and business telephone number(s) of the person making application. (b) The location, description and hourly availability of the tow trucks owned or operated by the applicant. (c) That the applicant has available space for properly accommodating and protecting all towed vehicles (up to fifteen vehicles) to be towed or otherwise removed from the place where they are disabled or parked. (d) An agreement that the name of the wrecker company will be kept prominently displayed upon each tow truck in letters not less than three (3) inches in height. (e) The description, size and location of a fenced -in area maintained by the applicant under lock and key to protect stored vehicles and the contents thereof. (Q An agreement that the applicant will obey and comply with the teens and provisions of this ordinance and all laws relating to the towing or storage of vehicles for the public, and that the applicant shall cause his employees to obey and comply with the terms and provisions of this ordinance and all laws relating to the towing or storage of vehicles for the public. (g) An agreement that the applicant, under of penalty of violation of Section 13A-7-29 (4) "b. Code of Alabama, 1975, shall remove any glass or other injurious material and otherwise clean up the scene of a wreck or collision where a vehicle serviced by applicant is to be removed from the roadway before removing such vehicle from the roadway. (h) An agreement that the applicant will abide by the fee schedule for towing services referred to the applicant through the rotation wrecker service as further provided hereinbclow. (i) Such other information as the chief of police shall find reasonably necessary to effectuate the purpose of this ordinance and to arrive at a fair determination of whether the terms of this ordinance have been complied with. 0/ No wreckei'shall be marked by color, decal or other means such as to cause same to resemble a Fairhope Police vehicle or any other law enforcement vehicle. Section 4. INSURANCE REOUIREMENTS AND VEHICLE INSPECTION. (a) Ail wreckers operating within the city or its police jurisdiction shall maintain a valid bond or insurance policy issued by a surety or an insurance company authorized to do business in the State of Alabama with coverage at the following minimum levels and containing an erdo t providing for thirty (30) days notice to the city, specifically to the offrc esi 6 t chief to monitor wrecker companies, prior to any material change tlh `ij , I ereof: (1) Two Hundred Fifty Thousand Dollars ($250,000.00) for bodily y one person. (2) Five I�unndred Thousand Dollars ($500,000.00) for bodily injury in any one accident. , ` (3) One Hundred Thousand Dollars ($100,000.00) for damage to property, other than the towed vehicle and its contents while being either towed or stored. (4) One Hundred Thousand Dollars (S100,000.60) in garage keepers legal liability, including but not limited to coverage for fire, explosion, theft, riot and/or civil commotion, vandalism and collision with a deductible not greater than Five Hundred Dollars ($500.00). (b) Each wrecker operator doing business in the city who moves or otherwise makes contact with any vehicle to be towed, assumes liability for injury to persons, property damage, fire, theft, or anyother acts of negligence arising or which may arise from the towing process. (c) Each wrecker operator doing business in the city shall be inspected by the Fairhope Police Department at least once each calendar year, but more frequently if complaints arise, to ensure compliance with the following requirements: (1) That the wrecker company is properly licensed by the city. (2) That the wrecker company is properly insured in accordance with the provisions of this ordinance, evidenced by a copy of certificates of insurance. (3) That all personnel who may respond in behalf of the wrecker operator to any wrecker call in the city have received at least an awareness level of hazardous material training evidenced by a certificate of completion of a recognized hazardous materials course. (4) That a garage or mechanic licensed as such to do business in the city and who is not an owner, employee nor otherwise connected to any wrecker company regulated by this ordinance or the city code generally, has inspected and issued a certificate that each wrecker being operated in the city is in safe operating condition. Such garage or mechanic shall specifically certify that each such wrecker has the following additional equipment installed and in proper working order: a. Equipment: winches; cables; rubber cradle; triangles; broom; ax; shovel; dollies; pry bar; safety chains; b. Wheels: bearings; lugs; c. Tires: front left and right (no recaps), minimum tread depth of 5/32 inch; rear left, outside and all drive tires minimum tread depth of 4/32 inch; d. Brakes: master cylinder; fluid level, leaks; wheel cylinder; brake hose and lines; hydrovac and lines; vacuum or air tanks; parking brake. vacuum or air gauge and buzzer or light; brake pedal fade; pedal pads, if factory equipped; adjustment; brakes; e. Lights: head, clearance; directional; flashers; brake; stop and tail; reflectors; wrecker revolving strobe or flashing yellow or amber light mounted for 360' visibility. f. Exhaust system: exhaust manifold; exhaust pipe; muffler; tailpipe; g. Rear end; springs, shackles and clamps; leaks; h. Clutch and transmission: adjustment; release; i. Body: seats securely fastened and in good condition; no broken glass in any window; no broken or cracked glass in any windshield which obstructs the driver's vision; mirrors, left and right; wipers; windshield washers; horn; fire extinguisher; markings; driver's and passenger's seat belts, if factory i equipped; flags and flares; sun visor for driver; j. Steering: steering arm; tie -rod ends and drag -link; front springs, shackles and clamps; sector to frame mounting; steering free play; k. Department ofTransportation Emergency Response Guidebook. Section S. STANDARDS FOR ISSUANCE. The chief of police shall issue a permit hereunder when he finds that: (a) The public convenience and necessity require the proposed wrecker service for which an application has been submitted; (b) Insurance policies as required by this ordinance have been procured; (c) The applicant and all employees are fit and proper persons to conduct or work in the proposed business; (d) The tow trucks of the applicant appear to be in good mechanical condition and so equipped in accordance with requirements herein so that the usual work of a tow truck an be accomplished; (e) The requirements of this ordinance and all other governing laws and ordinances have been met; (Q All requirements for a'wrecker" promulgated from time to time by the State of Alabama have been met. Section 6. PROMULGATION OF REGULATIONS: The chief of police may from time to time promulgate and enforce reasonable rulesAnd regu anon or wrec ems and low trucks. 1 io Section 7. APPLICATION FOR BUSINESS LICENSE. Upon issuance of a p by the chief of police, as provided for herein, the owner must lake application fo Fairhope business license and pay the required license fee at the office of the city %,le,. doing,or soliciting any business in the city. Section 8. TERM FOR PERMIT. Unless sooner revoked, a permit issued hereunder shall be valid for the remainder of the calendar year in which is was issued and may be renewable on the first business day in January for each succeeding calendar year. It shall be unlawful for any person to engage in the business of a wrecker within the city after the expiration of his permit without making an application for renewal and obtaining a valid permit for another year. Permits are non- transferable. Section 9. SELECTION OF WRECKER The owner of the vehicle or the representative of the owner shall select, when practicable, the wrecker to be used, and the officer, if any present, shall notify the wrecker so selected by the owner. insofar as is feasible and unless otherwise instructed by the owner or his representative, the police, when calling for a wrecker, shall use a rotations system. The officer, if present, shall also inform the owner or his representative of the cost and charges and other pertinent information concerning the wrecker rotation services. Section 10. GENERAL OPERATION. (a) No wrecker shall proceed to the scene of an incident without being requested to do so by the police or the owner or person in charge of the vehicle. No wrecker operator or employee shall solicit business at the scene of an incident. (b) Each vehicle designed for or adapted to the purpose of a vehicle wrecker or towing service business shall be equipped with a flashing, revolving or strobe amber or yellow caution light mounted for 360' visibility and properly installed. Said caution light shall be operated at the scene of a wreck or collision and while a disabled vehicle is being towed, but shall not be operated while proceeding to the scene of a wreck or collision, unless such use is authorized by the police department in a particular case because of an emergency situation. (c) Each wrecker shall be inspected annually for renewal ofpermit as provided in Section 9 herein. Section 11. STANDARD EOUIPMENT. Each wrecker shall maintain the following standard equipment on every tow truck: (a) Power winch, winch line and boom with lifting capacity of not less than four thousand pounds single line capacity. (b) One sling and stay bar or other similar device capable of protecting a disable vehicle while it is being towed. (c) Safety chains (d) Fire extinguisher (e) One four foot pry bar or wrecking bar capable of prying open jammed doors (f) One broom (g) One ax (h) One shovel (i) One set of road flares 0) Emergency flasher system capable of emitting two amber lights to the front and two red lights to the rear of the vehicle, which flash simultaneously. ' (k) One dolly, with name of wrecker prominently and permanently affixed. Section 12. WRECKER ROTATION. Requirements for placement on rotation list. This section applies only to wreckers air rotation list. (a) To qualify for inclusion on a rotation list with the city, a wrecker company must: (1) Maintain a duly licensed business with at least one location licensed within the corporate limits of Fairhope, Alabama. Any wrecker company which desires to be placed on the rotation list must possess a business license from the city to operate a wrecker in addition to any other business license which the company may possess. (2), Have applied to be on such rotation list. The application form will be provided I by the police department. (3) Maintain twenty-four (24) hour wrecker service, seven (7) days per week, with a wrecker operator and wrecker on call at all times. Answering services shall not be permitted since time is of the essence when responding to a wrecker all. (4) Arrive on the scene within fifteen (15) minutes in the city or thirty (30) minutes within the police jurisdiction after being dispatched. This does not constitute license or permission for any wrecker driver to disregard traffic lava. (5) Have adequate storage space, enclosed by a six (6) foot chain link fence or wall with a gate under lock and key which provides for the storage and safekeeping of no fewer than fifteen (15) wrecked, disabled or impounded vehicles. Such storage area shall be located within the corporate limits of Fairhope, Alabama. (6) No owner or operator who has been convicted of any felony or any crime involving force or violence or for which a sentence to the state penitentiary could be imposed shall be on the rotation list. a. The owner of the wrecker service shall provide the chief of police with a Continued on next Mae