HomeMy WebLinkAboutO-1465ORDINANCE NO. 1465
AN ORDINANCE TO AMEND ORD. NO. 1312,
KNOWN AT THE TOWING AND RECOVERY ROTATION ORDINANCE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. The City of Fairhope, Alabama, Ordinance No. 1312, Section 4, is hereby
amended to reflect the following changes and additions:
Amend the following:
Section 4. Insurance Requirements And Vehicle Inspection
All tow trucks operating within the city or its polite 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 tow truck 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 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).
a. 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 stemming from the towing process.
b. Each wrecker operator doing business in the city shall be inspected by
the Fairhope Police Department at least once a year, but more often if
complaints arise, to ensure compliance with the following
requirements:
(1) The wrecker company is properly licensed by the city.
(2) The wrecker company is properly insured in accordance with the
provisions of this chapter evidenced by a copy of certificate of
insurance.
(3) All personnel who may respond in behalf of the wrecker operator
to any 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.
(4) A garage or .mechanic licensed to do business in the city, who is
not an owner, employee or otherwise connected with any wrecker
Ordinance No. 1465
Page 2
company regulated by this chapter of the City Code, has inspected
and issued a certificate upon inspection that all wreckers of the
wrecker company are in safe operating condition,
(5) the following mechanical functions and systems are in proper
working order and each wrecker of the company has the following
additional equipment in the vehicles;
a. Equipment: winches; cables; rubber cradle; triangles;
broom; ax; shovel; dollies; pry bar; safety chains;
b. Wheels: bearings; lugs;
C. Tires: fint left and right (no recap) minimum tread depth
5/32; rear left, outside, and all drive tires minimum tread
depth 4/32;
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 where visible 360 degrees;
f. Exhaust system: exhaust manifold; exhaust pipe; muffler;
tail pipe;
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, and 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 passengers 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 Guide
Book.
Section 2. The Balance of Section 4 remains as written and codified.
Section 3. The sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and
Ordinance No. 1465
Page 3
sections, since the same would have been enacted by the municipality
council without the incorporation of any such unconstitutional phrase,
clause, sentence, paragraph or section.
Section 4. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 12TH DAY OF DECEMBER, 2011
ATTEST:
6srA. HanNg, MMC
City Clerk
c
a,
s
N
LU
d
D
0
u'
ALU
66
Z =
�W
0�
Timot iy M. Kan , Ma or