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Editor's note-Ordinance 09-08-46, sec. 2, adopted Aug. 18, 2009, enacted provisions intended for use as Art. IX, secs. 90-226-90-236. To preserve the style of this Code, and to facilitate indexing, said provisions have been redesignated as Art. IX, secs. 90-236-90-246.
To protect the health, safety and general welfare of the residents of the city and to preserve and protect functionality and integrity of the city's roads, streets and highways by the regulation of vehicle tow services in the city.
(Ordinance 09-08-46, sec. 2(90-226), adopted 8/18/09)
For purposes of this article, when not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. Words not defined in this article shall be given their common and ordinary meaning.
Consent tow
means any tow of a motor vehicle by the owner or operator of the motor vehicle or by a person who has possession, custody, or control of the motor vehicle. The term does not include an incident management tow or a private property tow.
Incident management tow
means any tow of a motor vehicle in which the tow truck is summoned because of a traffic accident or to an incident.
Motor vehicle
means a vehicle subject to registration under the Certificate of Title Act, Texas Transportation Act, Chapter 501, as amended, or any other device designed to be self-propelled or transported on a public highway and/or which may be attached to a trailer or other similar device.
Non-consent tow
means any tow of a motor vehicle that is not a consent tow, including an incident management tow and a private property tow.
Police department
means the chief of police, supervisors, police officers and dispatchers of the city police department only.
Private property tow
means any tow of a motor vehicle authorized by a parking facility owner without the consent of the owner or operator of the motor vehicle.
Vehicle storage facility
means a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking ten or more motor vehicles per year.
Wrecker or tow truck
means a truck-mounted crane or A-frame, with either power of mechanical boom and joist, or winch and hoist, or any combination thereof, which motor vehicle is commonly used to move, tow and convey wrecked and disabled motor vehicles, vehicles, trailer or semitrailers, or both, from the scene or site of a wreck, motor vehicle accident or collision and has a permit issued by the state department of licensing and regulation.
Wrecker contractor
means a wrecker operator who has entered into an agreement for services with the city for police-directed tows.
Wrecker operator or tow truck operator
means any person who owns or operates a wrecker within the corporate limits of the city, who is regularly engaged in the business of repairing, rebuilding, storing, wrecking, selling or trading wrecked and disabled motor vehicles, vehicles, trailers or semitrailers, or both and has a license issued by the state department of licensing and regulation.
(Ordinance 09-08-46, sec. 2(90-227), adopted 8/18/09)
No person shall provide wrecker service to the city without first executing an agreement therefore with the city. Provided, however, nothing in this section shall prohibit the city from utilizing the services of noncontract wreckers for towing services originating outside the corporate limits of the city.
(Ordinance 09-08-46, sec. 2(90-228), adopted 8/18/09)
Maximum rates for wrecker services provided to the city shall be specified in the agreement and shall comply with applicable state law.
(Ordinance 09-08-46, sec. 2(90-229), adopted 8/18/09)
The city shall have the power and authority to prepare requirements for wrecker operators, which shall be set forth in the agreement described in section 90-238. Upon execution of the agreement, the wrecker contractor shall respond upon request of the city to the scene or site of any wreck, motor vehicle accident or collision occurring within the corporate limits of the city, or to any other scene or site at which the services of a wrecker are required by the city.
(Ordinance 09-08-46, sec. 2(90-230), adopted 8/18/09)
The police department shall have authority to inspect all wreckers belonging to a wrecker contractor to ensure the wrecker operators' continued compliance with the terms of the agreement and state law.
(Ordinance 09-08-46, sec. 2(90-231), adopted 8/18/09)
It shall be unlawful for any wrecker operator or driver to proceed to the scene or site of a wreck, motor vehicle accident or collision, or follow any ambulance or police car which is traveling in response to a report of a wreck, motor vehicle accident or collision, unless such wrecker has been duly, legally dispatched to the scene or site by the city police department or has been requested to come to the scene by a party involved in the wreck, motor vehicle accident or collision.
(Ordinance 09-08-46, sec. 2(90-232), adopted 8/18/09)
The chief of police shall have authority to promulgate other reasonable rules, regulations and requirements as may become necessary to ensure that the wrecker contractor protects the motor vehicle and their contents.
(Ordinance 09-08-46, sec. 2(90-233), adopted 8/18/09)
A wrecker operator that intends to remove a motor vehicle from a parking facility in accordance with V.T.C.A., Transportation Code ch. 684 may not tow a motor vehicle to a vehicle storage facility more than 15 miles outside of the city corporate limits.
(Ordinance 09-08-46, sec. 2(90-234), adopted 8/18/09)
A tow truck operator towing a motor vehicle and a vehicle storage facility accepting a motor vehicle that is towed under this chapter shall, within 30 minutes after towing from the parking facility or receiving the motor vehicle, report to the city police department in which the parking facility is located:
(1) 
A general description of the motor vehicle;
(2) 
The state and number of the motor vehicle's license plate, if any;
(3) 
The vehicle identification number of the motor vehicle, if it can be ascertained;
(4) 
The location from which the motor vehicle was towed; and
(5) 
The name and location of the vehicle storage facility where the motor vehicle is being stored.
The report required by this section must be made by telephone or delivered personally or by facsimile.
(Ordinance 09-08-46, sec. 2(90-235), adopted 8/18/09)
(a) 
Whenever a wrecker operator tows, transports or otherwise takes a motor vehicle pursuant to a request by a lienholder incident to a lawful repossession, the wrecker operator taking the motor vehicle shall make a verbal report to the city police department within 30 minutes of the time of picking up the motor vehicle, which shall include the following information:
(1) 
The license plate number of the repossessed motor vehicle;
(2) 
The motor vehicle identification number of the repossessed motor vehicle;
(3) 
The year, make, model and color of the repossessed motor vehicle;
(4) 
The name, address and telephone number of the lienholder who requested the taking of the motor vehicle;
(5) 
The state license plate number of the auto wrecker used, and the name and Texas drivers license number of the wrecker driver; and
(6) 
The location from which the motor vehicle was towed, the date and time that the motor vehicle was picked up and the name, street address and telephone number of the place to which the motor vehicle was taken for storage.
(b) 
The chief of police shall designate a telephone number for the filing of oral reports under this section.
(Ordinance 09-08-46, sec. 2(90-236), adopted 8/18/09)