As used in this article, the following terms shall have the respective meaning ascribed to them:
Consent tow.
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.
Drop fee.
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.
Missed call.
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.
Motor vehicle.
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.
Nonconsent tow.
Any tow of a motor vehicle that is not a consent tow.
Operate.
To drive or cause to be driven a tow truck on a public roadway.
Operator.
Any person operating a tow truck on a public roadway of this state.
Owner.
A person owning, leasing or otherwise using either directly or indirectly a tow truck on a public roadway of this state.
Person.
An individual, corporation, organization, business trust, estate, trust, partnership, association or other legal entity.
Public roadway.
A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
Recovery.
Actions taken to upright or otherwise move a vehicle to a position from which it can be towed.
Tow truck.
A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch or otherwise move another motor vehicle.
Towing company.
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.
Vehicle storage facility.
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:
(1) 
Licensed and permitted as a tow truck pursuant to state statutes; and
(2) 
Owned by a towing company registered and permitted by the city.
(b) 
No person, operating a tow truck who performs a nonconsent tow, may tow any motor vehicle to any location other than:
(1) 
A vehicle storage facility located in the city operated under a permit for same issued by the state department of licensing and regulation; or
(2) 
With the consent of the towing company, a specific location in the city designated by the vehicle’s owner.
(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 as listed in the fee schedule of this code 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 an annual fee as listed in the fee schedule of this code. 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; Ordinance 25-008 adopted 2/18/2025)
(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: As outlined in the fee schedule of this code.
(2) 
"Drop" fee to release a vehicle which has been "hooked up" by a tow truck: As outlined in the fee schedule of this code.
(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; Ordinance 25-008 adopted 2/18/2025)
(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.
(A) 
First offense: Suspension of towing company permit for thirty (30) days.
(B) 
Second offense: Suspension of towing company permit for sixty (60) days.
(C) 
Third offense: Revocation of towing company permit for two (2) years.
(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)