As used in this article, the following terms shall have the
respective meaning ascribed to them:
Any tow of a motor vehicle initiated by the owner or operator
of the vehicle or by a person who has possession, custody, or control
of the vehicle. The term does not include a tow of a motor vehicle
initiated by a peace officer investigating a traffic accident or a
traffic incident that involves the vehicle.
The fee charged for a nonconsent tow which is disengaged
at the request of the vehicle’s owner or operator while the
towed vehicle is still at the location from which it is being removed.
The towing company was called and no contact made with a
representative of the company or the towing company’s tow truck
did not respond to the scene within thirty (30) minutes of notification.
A motor vehicle subject to registration under Chapter 501,
Texas Transportation Code or any other device designed to be self-propelled
in, on or by which a person or property may be transported on a public
roadway.
Any tow of a motor vehicle that is not a consent tow.
To drive or cause to be driven a tow truck on a public roadway.
Any person operating a tow truck on a public roadway of this
state.
A person owning, leasing or otherwise using either directly
or indirectly a tow truck on a public roadway of this state.
An individual, corporation, organization, business trust,
estate, trust, partnership, association or other legal entity.
A public street, alley, road, right-of-way, or other public
way, including paved and unpaved portions of the right-of-way.
Actions taken to upright or otherwise move a vehicle to a
position from which it can be towed.
A motor vehicle, including a wrecker, equipped with a mechanical
device used to tow, winch or otherwise move another motor vehicle.
An individual, association, corporation, or other legal entity
that controls, operates, or directs the operation of one or more tow
trucks over a public roadway in this state but does not include a
political subdivision of the state.
A garage, parking lot or any other type of facility owned
by a person other than a governmental entity for storing or parking
ten (10) or more vehicles a year.
(Ordinance 98-64, sec. 1, adopted 10/6/98; 1978 Code, sec. 29-70; Ordinance 09-072, sec. 1, adopted 12/22/09)
(a)
It
shall be unlawful for any person to operate a tow truck in the city
for the purpose of participation in or execution of any nonconsent
tow, unless the tow truck is:
(b)
No
person, operating a tow truck who performs a nonconsent tow, may tow
any motor vehicle to any location other than:
(c)
No
person shall stop or park any tow truck within one thousand (1000)
feet of the scene or site of any vehicle accident or collision while
any vehicle disabled, damaged or wrecked in such accident or collision
remains at such scene or site unless:
(1)
It is licensed and permitted as a tow truck pursuant to state statutes
and has been directed by or received the consent of a police officer
at the scene to stop or park the tow truck within the one thousand-foot
area; or
(2)
It is a tow truck which has been summoned to the scene or site of
a vehicle accident by the owner of a vehicle involved in the accident
and does not, in the opinion of any police officer investigating the
accident, constitute a safety hazard to vehicles or persons at the
scene or obstruct or interfere with the activities of the officers
investigating the accident or scene.
(d)
No
person, while on any public roadway or public property, may solicit
in any manner, directly or indirectly, the business of towing, removing,
repairing, storing, wrecking or buying any vehicle which is wrecked
or disabled and on a public roadway.
(Ordinance 98-64, sec. 1, adopted 10/6/98; 1978 Code, sec. 29-71; Ordinance 09-072, sec. 2, adopted 12/22/09)
(a)
Required.
It shall be unlawful for any person to operate
or cause to be operated any towing company in the city, without having
first obtained a towing company permit from the city issued under
this article to such person to operate a towing company within the
city.
(b)
Application generally.
The chief of police shall develop
necessary forms to enact these provisions. Any person desiring to
operate a towing company in the city shall make application with the
police department for the issuance of a towing company permit. The
applicants shall furnish all required information and supporting documents
noted on the application form. A towing company permit shall not be
issued by the chief of police unless the applicant meets all required
provisions of this article, including but not limited to:
(1)
All information on the submitted application is true and accurate
and all required supplemental documents or information has been furnished.
(2)
The towing company operates a vehicle storage facility in the city
which is, at all times, licensed pursuant to the Texas Vehicle Storage
Act, as it may be amended, and which is in compliance with all provisions
of the Texas Vehicle Storage Facility Act and any provisions of the
Texas Occupations Code relevant to operation of a vehicle storage
facility.
(3)
The physical facility to be operated by the towing company meets
the following requirements:
(A)
The facility is in compliance with all zoning requirements of the
city;
(B)
The physical facility to be operated by the towing company is not
a part of any other business which performs towing services and is
not located at the same physical location as any other towing company;
(C)
The physical location of the towing company has an office of not
less than two hundred (200) square feet;
(D)
The towing company has an active, published telephone number that
is different from any other towing company and is not answered by
an electronic answering device; and
(E)
The towing company has a sign on the business premises identifying
the towing company by the name as it appears on the license application,
street address, telephone number, hours of business, and any vehicle
storage facility license number issued for that location. Said sign
shall be of a size that may be read from a distance of not less than
one hundred fifty (150) feet.
(c)
Denial/suspension/revocation.
An individual identified
as an owner of a towing company on the application who has a felony
conviction within the previous five (5) years that, in any fashion,
relates to the duties and responsibilities involved in the operation
of a towing company or which directly affects such person’s
fitness to perform as a towing company owner may have their application
for permit denied or have any permit suspended or revoked by the chief
of police. In determining whether an individual’s criminal conviction
(which includes the entry of a deferred judgment) relates to the performance
of a towing company owner, the chief may consider the following factors:
(1)
The nature, seriousness and frequency of a crime;
(2)
An individual identified as an owner of a towing company on the application
who has been convicted within five (5) years of a violation of any
city ordinance that relates to the duties and responsibilities involved
in the operation of a towing company may have their application for
permit denied or have any permit suspended or revoked by the chief
of police.
(3)
The extent to which a permit may offer an opportunity for the individual
to engage in further criminal activity of the same or similar type
as that in which the individual has previously been involved; and
(4)
The relationship of the crime to the ability, capacity or fitness
required to perform the duties and discharge the responsibilities
of a towing company owner.
(d)
Fee.
The permit fee to operate a towing company under
the terms and conditions of this article shall be payable as follows:
At the time of the original or renewal application for a towing
company permit, the applicant shall pay a fee of one hundred dollars
($100.00) as a nonrefundable application fee. If the application is
approved by the chief of police, the applicant will be issued a permit
to operate a towing company in the city.
(e)
Term.
A permit issued pursuant to this section shall
be valid for one (1) year from the date issued.
(f)
Rotation.
The chief of police shall devise a rotation
system for towing companies that wish to be used in nonconsent tows.
A tow truck company may be placed into the system by paying a fifty
dollar ($50.00) annual fee. To participate in this program, the owner
must agree to the regulations promulgated by the chief for such.
(Ordinance 98-64, sec. 1, adopted 10/6/98; Ordinance 00-104, sec. 1, adopted 12/19/00; 1978
Code, sec. 29-72; Ordinance 09-072, sec. 3, adopted 12/22/09; Ordinance 24-015 adopted 3/19/2024)
(a)
The
maximum fees which may be charged by a towing company which performs
nonconsent tows pursuant to this article are as follows:
(1)
Vehicles 10,000 pounds or less: $165.00.
(2)
“Drop” fee to release a vehicle which has been “hooked
up” by a tow truck: $60.00.
(3)
Towing surcharges and fuel adjustment fees are not allowed.
(4)
Reasonable recovery charges are allowed. Disputes are resolved by
the chief.
(5)
A daily storage fee of not more than that allowed by state law.
(b)
All
towing companies performing tows pursuant to this article must accept
major credit cards as payment for the fees provided for services rendered.
(c)
The
chief of police will undertake a general review and survey of towing
fees every two (2) years.
(d)
A
towing company may request that a rate study be performed by requesting
same in writing to the city manager accompanied by a payment of $2,500.
A towing company may submit any documentation or rate-related information
along with that request. The findings of said study will be considered
in the rates adopted by the city council.
(Ordinance 98-64, sec. 1, adopted 10/6/98; 1978 Code, sec. 29-73; Ordinance 09-072, sec. 4, adopted 12/22/09)
(a)
Investigation.
The police department shall investigate
all complaints arising from reported violations of this article. Upon
completion of the investigation, the chief of police shall determine
if a violation occurred. If the chief of police determines that a
significant violation of this article occurred, the chief may suspend
or revoke the permit or license according to the following standards:
(1)
Violation of any provision of the City Code of Ordinances, the Texas
Transportation Code, Texas Vehicle Storage Facility Act, or section
of the Texas Occupations Code regarding operation of tow trucks, towing
companies, or vehicle storage facilities by owners, agents or employees
of a towing company shall subject the towing company to the following
administrative action regarding their towing company permit. These
changes would put an offending towing company's license to operate
at risk for any relevant violations of the city ordinances, instead
of simply risking fines for certain violations.
(b)
Penalties independent and may be in addition to other penalties.
The administrative penalty set forth in this section shall be
independent of and may be in addition to any other penalties assessed
pursuant to any violation of any ordinance of the city or statute
or administrative code of the state. The determination of whether
a violation is significant shall be within the sole discretion of
the chief of police.
(c)
Time.
Time limitations for computation of penalties
regarding suspension or revocation of permits or licenses for repeat
offense shall be calculated based on a two-year period from the date
of the first offense for which a permit is suspended or revoked. The
holder of a permit that was revoked may not, for a period of two years
from the date of the revocation, apply for any new permits of the
type that was revoked.
(d)
Notice.
The chief shall provide written notice of any
suspension, revocation or denial setting out the basis for the decision,
giving the effective date for the suspension, revocation or denial
and providing the appeal procedure. A suspension, revocation or denial
shall become effective seven (7) days from the date that the chief
of police notifies the permit holder of the suspension, revocation
or denial unless an appeal is filed as provided herein.
(e)
Appeal procedure.
Any appeal of a decision by the chief
of police regarding a towing company permit must be in writing and
must be submitted to the city manager’s office prior to the
effective date of the suspension, revocation, denial or decision.
The written request for appeal must set forth the basis for the appeal
and specifically identify any error or misapplication of information
or of this article by the chief of police regarding the. The city
manager shall submit the appeal to the city council and city council
may either hear the appeal or select a hearing officer to preside
at any appeal hearing and the decision of the city council or such
hearing officer shall be final. The appellant may appear at any hearing
and it shall be the burden of the appellant to establish that the
decision by the chief of police is incorrect. The chief of police
shall be entitled to present any information or evidence which would
support the chief’s decision. The city council or hearing officer
shall assess the evidence presented at the hearing and affirm, reverse
or modify the decision of the chief by a suspension of the towing
permit for up to thirty (30) days for a first offense, up to sixty
(60) days for a second offense or revocation of the permit for up
to two (2) years for a third offense. The city council or hearings
officer shall affirm, reverse or modify any other decisions of the
chief after assessing the evidence presented at the hearing.
(Ordinance 98-64, sec. 1, adopted 10/6/98; 1978 Code, sec. 29-74; Ordinance 09-072, sec. 5, adopted 12/22/09; Ordinance
24-015 adopted 3/19/2024)
(a)
Tow truck operator.
All tow truck operators shall:
(1)
Obey all lawful orders given by any police officer and not in any
manner interfere with any police officer in the performance of his/her
duty.
(2)
Not remove any wrecked, disabled or illegally parked vehicle from
any public roadway without authorization from a police officer; provided,
however, that the driver of a stalled or disabled vehicle not involved
in an accident may authorize a tow truck operator to remove his/her
vehicle when no police officer is present.
(3)
Prior to performing any nonconsent tow or related service or on request
of the owner or operator, furnish in writing to the owner or operator
of the vehicle to be towed, a list of all charges that pertain to
any towing services to be performed, including but not limited to:
(A)
The fee schedule to be charged for the towing of a vehicle within
the city limits. Fees related to towing of a vehicle outside of the
city limits shall be by agreement between the tow company and the
owner or operator of the vehicle to be towed.
(B)
The method of payment of the fee.
(C)
The name of the tow company picking up the vehicle.
(D)
The telephone number(s) at which the tow company may be contacted.
(E)
The location to which the vehicle will be towed, if not specified
by the owner, operator or agent of the owner of the vehicle.
(4)
Remove from the site from which any vehicle is removed all resulting
wreckage or debris, including all broken glass unless otherwise directed
by a police officer. “Resulting wreckage or debris” does
not include the towed vehicle’s load or cargo.
(b)
Towing company.
The towing company shall:
(1)
Ensure that their tow truck arrives at the requested scene within
thirty (30) minutes of notification.
(2)
Keep full and complete books or records in accordance with sound
business practices related to each and every nonconsent vehicle tow
pursuant to this article.
(3)
Permit any inspector or officer designated by the chief of police
to, during normal business hours, inspect the premises, tow equipment,
storage facilities, records of vehicles towed and records of fees
and charges of each nonconsent tow.
(Ordinance 98-64, sec. 1, adopted 10/6/98; 1978 Code, sec. 29-75; Ordinance 09-072, sec. 6, adopted 12/22/09)
(a)
Any
person violating any of the provisions of this article shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than two hundred dollars ($200.00) nor more than one thousand
dollars ($1,000.00). Each day such violation is permitted or continued
to exist shall be and is deemed to constitute a separate offense.
(b)
Any
violation charged pursuant to this section shall be independent of
and may be in addition to any administrative penalties which may be
imposed regarding the suspension, revocation or denial of any permit
or license granted under this article.
(c)
Missed call penalties.
(1)
Two (2) missed calls in a calendar month will result in a seven-day
suspension from the rotation list.
(2)
Three (3) missed calls in a calendar month will result in a fifteen-day
suspension from the rotation list.
(3)
Four (4) missed calls in a calendar month will result in a thirty-day
suspension from the rotation list.
(4)
Five (5) missed calls in a calendar month will result in a one-year
suspension from the rotation list.
(Ordinance 98-64, sec. 1, adopted 10/6/98; 1978 Code, sec. 29-76; Ordinance 09-072, sec. 7, adopted 12/22/09)
