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I I I 137, ORDINANCE NO. 1978-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ESTABLISHING A COMMER- CIAL TOWING AND WRECKER POLICY BASED UPON A ROTATION SYSTEM OF NOTIFICATION; AND ESTA- BLISHING AN EFFECTIVE DATE. WREREAS, the City of San Marcos does not have sufficient equipment and facilities available for the towing and impoundment of vehicles in order to adequately perform its policy power function of keeping streets and public ways open to public traffic; and, WHEREAS, local commercial towing and wrecker services desire to perform this service on an equitable and impartial basis; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Part 1. That a Commercial Towing and Wrecker Service Policy be and is hereby established based upon the following provisions: Section 1. Purpose. The purpose of this ordinance is to provide the City of San Marcos with a means of performing the police power function of maintaining the streets and public ways open to public traffic through the voluntary participation of privately owned commercial towing and wrecker services. Section 2. Scope. This ordinance shall apply to all Commercial Towing and Wrecker Services participating in the rotating system of notification operated by the San Marcos Department of Public Safety. Section 3. Notification. Each Commercial Towing and Wrecker Service shall provide their business name, address, telephone number, normal business hours and an operator's name, address and telephone number for after hour calls. This Rotation File and an activity log shall be maintained by communications personnel of the San Marcos Department of Public Safety. When towing or wrecker services are required, notice will be given to the Commercial Towing and Wrecker Service then at the top of the rotation order. The Rotation System will apply to one tow regardless of its nature, and then notifi- cation will rotate to the next Commercial Towing and Wrecker Service in line. Any Commercial Towing or Wrecker Service whose operator stops at the scene of any accident or other incident without being notified by the rotation system police dispatcher will be subject to suspension from the Rotation System; similar suspension shall also result from any operator called under the Rotation System to an accident who re- moves a vehicle without properly cleaning the location to include removal of all debris associated with said accident. Section 4. Solicitation. Officers or employees of the San Marcos Department shall not solicit, recommend, or suggest any particular Commercial Towing or Wrecker Service to any individual for any purpose and shall not call any such service that is not on the Rotation System. However, when a personal request is made by an individual for a particular Commercial Towing or Wrecker Service, such request shall not alter the position of that service in the Rotation System. That individuals name, address apd telephone number shall be recorded by the investigating officer and filed by the Department of Public Safety Dispatcher. I Section 5. Availability. Each participating Commercial Towing and Wrecker Service must be available to respond tp Department of Public Safety calls on a 24 hour per day basis and' shall be able to respond to any location within the City of San Marcos within 20 minutes after being notified in the Rotation System. In the event of mechanical difficulty, illness, vacation or any other reason for inability to respond as required, the Commercial Towing or Wrecker Service shall so notify the Director of Public Safety or his representative and the rotation file card shall be