§ 5-45. Required.

(a)

It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any emergency auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, away from the scene of an accident where the wrecked or disabled vehicles have collided with any other vehicle or other object or which have been wrecked or disabled in any manner, without having first obtained an emergency auto wrecker permit from the city duly issued to such person to operate an emergency auto wrecker on the streets of the city.

(b)

In any prosecution for a violation of this section, proof that an auto wrecker owned by a person without a permit was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his auto wrecker as an emergency auto wrecker without the required permit, but the person charged shall have the right to introduce evidence to prove that the owner of the wrecked or disabled vehicle, or such owner's agent, or the police department summoned him to the scene of the accident upon a public street.

(c)

The owner of an emergency wrecker company shall register with the chief of police the trade name of his wrecker company and shall affix the name to the outside of both doors of each wrecker which is approved for operation under the terms of this article by the use of permanent painted signs. The use of magnetic signs is specifically prohibited.

(d)

A permit issued hereunder for an emergency wrecker shall be a personal permit issued to the permit owner and shall not entitle any other person or corporation to operate such emergency auto wrecker. The emergency auto wrecker permits issued pursuant to this article are not transferable and upon cancellation of any permit, no portion of the permit fee shall be refunded to the owner thereof.

(Ord. No. 659, § 3, 11-6-79)