For the purpose of this article, the following words, terms
and phrases shall have the meaning ascribed to them except where the
context clearly indicates a different meaning:
Any occurrence which renders a vehicle wrecked or disabled.
Any person possessing a current, valid certificate of registration
to engage in the wrecker business within the corporate boundaries
of the city.
Written authorization granted by the chief of police, under
the provisions of this article, to a wrecker company having a place
of business either within the city or outside the city which is operating
a tow truck that performs nonconsent tows inside the city.
The person currently appointed to serve as the head of the
police department or his duly authorized representative or designee.
The City of Granbury, Texas.
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 the tow of a motor vehicle
initiated by a peace officer.
A plate permanently affixed to either a truck, wrecker equipment
or tow sling by the manufacturer of the equipment which states the
vehicle’s or equipment’s gross poundage capacity.
Any person who holds the legal title to a motor vehicle,
or has the legal right of possession thereof. This does not include
any person who has gained possession of a motor vehicle only as a
result of wrecker services performed.
An individual, a corporation, a partnership, a joint venture
or association.
A tow made by, or on behalf of, a lien holder taking possession
of collateral.
A list prepared in accordance with the provisions of this
article, of wrecker companies which have applied and are qualified
to appear thereon, and which maintain inspected tow trucks of a capacity
required to be on said list.
A motor vehicle equipped with a mechanical device used to
tow, winch or otherwise move another motor vehicle.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a public highway, including,
but not limited to, motor vehicles, but not including devices moved
only by human power, or used exclusively on stationary rails or tracks.
The business of towing, for compensation or with the expectation
of compensation including, but not limited to, compensation for towing,
storage or repair, of vehicles not belonging to the wrecker company
over or upon a public street or thoroughfare within the corporate
boundaries of the city. The term shall not include a business towing
a vehicle to a point outside of the city limits when the owner has
requested that the vehicle be towed to said point outside of the city,
except as otherwise provided in this article.
Any person or business engaged in the wrecker business.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
Any person operating a tow truck and/or wrecker shall comply
with all applicable state laws or regulations. A failure to comply
with applicable state laws is a violation of this article.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
From time to time, the city council shall adopt a schedule of fees applicable to this article, including but not limited to fees for certificates of registration and nonconsent tows originating within the city limits. Said fee schedule, contained in article 1.50 of this code, shall be available for review at the office of the chief of police.
(b)
The
fees provided for in this section relating to nonconsent tows shall
be in lieu of all other fees allowed to be charged by tow truck or
wrecker operators for nonconsent tows originating within the corporate
boundaries of the city.
(c)
In
the event the certificate of registration begins or ends on a date
other than January 1, then the annual payment to the city shall be
prorated per quarter.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
It shall be unlawful for a person to operate a tow truck that performs nonconsent tows in the city unless the person has a valid certificate of registration issued by the chief of police, except as provided in subsection (b) below. A certificate of registration shall be required for each individual tow truck operating in the city.
(b)
This
article does not apply to nor prohibit a wrecker company, which obtained
a motor carrier certificate of registration from the Texas Department
of Transportation and having a place of business outside the incorporated
city limits, from making a consent tow within in the city.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
The
chief of police shall register a wrecker and issue a certificate of
registration when said wrecker is deemed to be in compliance with
the requirements of state law for conducting nonconsent tows and in
accordance with this section.
(b)
An
applicant for a certificate of registration to perform nonconsent
tows shall submit, on a form provided by the chief of police, an application
containing or accompanied by the following:
(1)
The owner’s name, the trade name, principal business address,
and telephone number that is answered during normal business hours
for the wrecker company;
(2)
The motor vehicle identification number, make, unit number and name
of the owner of the listed wrecker (the wrecker company affiliate,
if any), if different from the wrecker company applying for the certificate
of registration;
(3)
A certificate of insurance indicating that all state insurance requirements
are met;
(4)
A certificate of on-hook cargo insurance to cover damage to a towed
vehicle;
(5)
A copy of a vehicle storage facility license issued by the Texas
Department of Transportation;
(6)
A copy of the motor carrier certificate of registration issued by
the Texas Department of Transportation;
(7)
A copy of fees as posted on the Texas Department of License and Regulation
website;
(8)
Any other documentation as reasonably requested by the chief of police.
(c)
The
chief of police may either deny an application for or suspend or revoke
an existing certificate of registration if the applicant:
(1)
Has had a previous certificate of registration revoked;
(2)
Operates a tow truck after the state registration has been revoked;
(3)
Causes or allows the operation of a tow truck by an unlicensed driver
on any public roadway;
(4)
Operates a tow truck performing nonconsent tows on the public roadways
within the city without a certificate of registration;
(5)
Submits false information on an application for certificate of registration;
(6)
Fails to maintain insurance required by state law for the operation
of a wrecker company or its equipment;
(7)
Fails to comply with all applicable state laws or city ordinances
(including the city’s zoning ordinance);
(8)
Fails to meet any other legal requirement of obtaining such certificate
of registration.
(d)
The
term of each certificate of registration shall be for one (1) year.
Renewal of the certificate of registration shall be granted only upon
compliance with the provisions of this article and any other applicable
ordinances, laws or regulations which shall be in effect at the time
of the renewal application.
(e)
Each
wrecker which has received a certificate of registration shall at
all times carry a copy of its certificate of registration in each
wrecker it operates.
(f)
Each
wrecker which has received a certificate of registration shall be
responsible for updating the information provided in the application
by submitting supplemental information to the chief of police. Failure
to provide updated information, such as, but not limited to, replacement
or additions of tow trucks, drivers’ license suspensions or
revocations, change in insurance company, revocation of required insurance
or expiration of storage facility license, shall be grounds for suspension
or revocation of a certificate of registration and removal from the
city’s rotation list.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
The
chief of police shall establish and maintain a rotation list wherefrom
wreckers shall be chosen to answer calls for nonconsent tows initiated
within the corporate boundaries of the city. Each wrecker business
that applies and meets the requirements herein shall be entitled to
one (1) place of the rotation list. The names of the wrecker companies
on the rotation list shall be listed in order beginning with the date
that the application has been approved.
(b)
The chief of police, in lieu of establishing the rotation list in subsection (a) above, shall be authorized to enter into an agreement with the county sheriff for the provision and use of a rotation list of wreckers for nonconsent tows within the city, provided that said list is kept and maintained by the sheriffs department in accordance with applicable county ordinances.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
If
the chief of police establishes a rotation list in accordance with
this article, each wrecker company desiring to secure a place on the
list shall submit an application for placement on the list to the
chief of police containing or accompanied by the following information
necessary to verify the company’s qualifications and requirements:
(1)
A copy of a vehicle storage facility license issued by the Texas
Department of Transportation for a storage facility located within
the incorporated limits of the city or within five miles of the corporate
city limits of the city where all motor vehicles it tows on behalf
of the city shall be stored at all times;
(2)
Acknowledgment that the company has registered and received a certificate
of registration for each tow truck that it owns or will use on the
rotation list. At all times, the wrecker company must keep and maintain
at least one (1) wrecker registered with the city;
(3)
Acknowledgment that the company maintains a 24-hour wrecker service
and provides the police department with a local telephone number which
is answered 24 hours a day;
(4)
Acknowledgment that the company is able to respond to any location
in the city within twenty (20) minutes of being notified by telephone;
(5)
Acknowledgment that the company has someone available 24 hours a
day to release any impounded vehicle within one hour of a request
by the owner or the police department;
(6)
A list of all drivers and their respective driving records, obtained
from the Texas Department of Public Safety. Said list shall be updated
as new drivers are added or when a driver’s license is suspended
or revoked;
(7)
A certificate from the appropriate tax assessor-collector agency
that certifies that all city taxes on all properties, real and personal,
to be used in conjunction with the applicant’s wrecker business
are current. The certificate shall list the name of the wrecker business,
its subsidiaries or assumed names; and
(8)
A statement from the community development department of the city
indicating compliance with all zoning regulations and other applicable
ordinances.
(b)
A
wrecker company will automatically be removed from the rotation list
upon the expiration date of its certificate of registration, and will
be placed back on the list only upon compliance with the provisions
of this article and any other applicable laws, ordinances, or regulations
which shall be in effect at the time of the renewal request application.
(c)
In
order to be eligible for placement on the rotation list, each wrecker
shall meet the following minimum requirements:
(1)
Shall display in a permanent manner the name and phone number of
the holder of the certificate of registration on both sides of the
wrecker. The lettering must be at least two (2) inches high, and must
be in a color that will contrast against the color of the truck itself;
(2)
Shall be in a condition such that it can be safely and reliably used
as a wrecker;
(3)
Shall included the manufacturer’s certificate and be equipped
with a power-operated winch line and boom, with a rated or tested
lifting capacity of not less than eight thousand (8,000) pound single-line
capacity; and
(4)
Shall carry at all times the following standard equipment:
(A)
Slings and/or tow bars along with “J” hooks and chains;
(B)
Safety chain;
(C)
A working ten-pound fire extinguisher;
(D)
Shovel;
(E)
Wrecker bar;
(F)
Broom;
(G)
Dolly (not required for slide-tow trucks);
(H)
Ropes or other device for securing steering wheel;
(I)
Overhead visi-bar or beacon-type light visible from the front and
rear;
(J)
Tow lights.
(d)
The
chief of police may deny placement on the rotation list if all of
the safety requirements are not met.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
The chief of police may suspend or revoke the certificate of
registration of a wrecker or remove a wrecker company from its place
on the rotation list pursuant to this article and if a wrecker company
or any of its tow trucks fails to comply with any of the requirements
of this article.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
Any wrecker company, certificate of registration holder or applicant,
by virtue of making an application with the city, agrees to allow,
during normal business hours, the inspection of its wreckers, wrecker
equipment and storage facilities for compliance with this article.
This authority shall be cumulative of any other authority held by
the chief of police, other law enforcement officials or other legally
authorized public officials.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
When
a police officer investigating an incident determines that a tow truck
is necessary to move a vehicle, that officer shall contact the vehicle
owner to determine which wrecker company to contact. The owner of
the vehicle shall designate a wrecker company, auto repair shop, automobile
dealer or automobile club. If an owner does not have a preference,
the wrecker company next up on the rotation list shall be called.
(b)
If
the owner of a vehicle is not available or is physically unable to
designate the wrecker company, auto repair shop, automobile dealer
or automobile club he or she desires to remove the vehicle, the police
officer investigating the incident shall communicate that fact to
the dispatcher and advise as to the type of wrecker required. The
dispatcher shall call the wrecker company next in line on the rotation
list.
(c)
If
the wrecker company, after arrival at the scene, determines that assistance
is needed, the wrecker company may use assets from that same wrecker
company or may call another wrecker company for assistance. If the
wrecker company does not have the necessary equipment and does not
have a preference of a wrecker company to contact, they may ask the
police officer investigating the incident to contact another wrecker
company for assistance. The police officer will then contact the dispatcher
and request the wrecker that is next on the rotation list.
(d)
Failure
of any wrecker company to deliver a wrecker to the scene within twenty
(20) minutes of being notified without just cause acceptable to the
police officer investigating the incident shall cause the wrecker
company to forfeit that particular call. Additionally, the chief of
police shall have the discretion to suspend or revoke a wrecker company
from a place on the rotation list for failure to timely respond.
(e)
In
any circumstance in which a vehicle or other object is so located
on a public street as to constitute a hazard or obstacle, or to interfere
with traffic, or in the event a stolen vehicle is found or in any
other circumstance in which the police officer in the course of his
or her duty directs the removal of a vehicle from or to any location,
any police officer may require its removal at the vehicle owner’s
expense by any practical means, including but not limited to, use
of a wrecker selected by the owner, or failing that, selected by the
use of the rotation list.
(f)
A
wrecker company may be dispatched to the scene of an accident at the
discretion of the police department, without consideration of the
rotation list, if:
(1)
The wrecker company has specific or specialized equipment that can
be used to reduce the potential of additional bodily injury or damage
to property;
(2)
The wrecker company has specific or specialized equipment that can
be used for cleanup at the accident scene;
(3)
The wrecker company is the only such company with a wrecker large
enough to move a certain vehicle or other obstacle.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
Whenever a wrecker arrives at the place where a motor vehicle
has been disabled by an accident, the wrecker driver shall park his
or her wrecker as close to the street curb as possible and otherwise
park the wrecker in such a manner as to not interfere with other traffic
or the police officer’s ability to process an accident location
or crime scene.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
It shall be unlawful for the driver of any wrecker arriving
at the place where any accident has occurred or an abandoned vehicle
is located to disobey any lawful order given by any police officer
of the city investigating such accident or to interfere in any manner
with such officer’s performance of his or her duties.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
It
shall be the duty of each wrecker that removes a wrecked, damaged
or disabled vehicle from the place where an accident has occurred,
to clear and remove from the street and adjacent right-of-way any
and all debris, parts or glass accumulated as a result of the accident.
If two or more wreckers are required at the location, the wrecker
drivers will share the responsibility for removing the debris and
will take primary responsibility for the area around the vehicle they
were called to tow.
(b)
If,
during a nonconsent tow, the removal of debris should take the wrecker
driver over one (1) hour to complete, the wrecker company shall be
authorized to charge an incident management fee in accordance with
the city’s established fee schedule.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
It
shall be unlawful for any person to drive, or cause to be driven,
a wrecker to or near the scene of a collision or accident on a street
within the city unless such person has been called to the scene by
law enforcement officers or by a party involved in the collision.
The prohibition of this section shall not be applicable when such
actions are necessary to prevent death or bodily injury to any person
involved in a collision. An exception is also allowed if the tow truck
is driving by during the normal course of business and is not intentionally
trying to circumvent the provisions of the rotation list.
(b)
It
shall be unlawful for any person to engage in nonconsent tows in the
city unless such person possesses a current, valid certificate of
registration. The police department shall be authorized to summon
wreckers without certificates of registration only in emergency situations.
(c)
It
shall be unlawful for any person to operate a tow truck in the city,
unless it is equipped as required by state law. A tow truck and its
required equipment shall be in safe operating condition at all times
when the tow truck is operating on the public roadways.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
The driver of a tow truck who removes a vehicle from private
property, without the consent of the owner of the vehicle, shall notify
the police department within one (1) hour of such removal. The information
to be provided in such a notification shall include:
(1)
The
date, time and location of the removal;
(2)
The
physical description, license and registration number on the vehicle;
(3)
The
name of the certificate of registration holder which performed the
removal;
(4)
The
storage location of the vehicle.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
The driver of a tow truck who removes a motor vehicle for the
purpose of repossessing the vehicle shall be required to do the following:
(1)
Contact
the police department prior to making such repossession;
(2)
Present
a written notice from the lien holder requesting such repossession
which shall include the following information:
(A)
Name of the owner of said motor vehicle;
(B)
Date, time and location of the removal;
(C)
The physical description and license or registration number of the
vehicle;
(D)
The name of the certificate of registration holder which is to perform
the removal; and
(E)
The storage location of the vehicle.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
Any
wrecker company authorized to perform nonconsent tows within the city
limits may request that the police department perform a tow fee study.
Said request must be in writing and delivered to the police department
either in person, by United States mail, facsimile or another means
of transmitting written material.
(b)
Upon
receipt of a wrecker company’s written request for a tow fee
study, the police department shall contact other relevant jurisdictions,
the state or other tow companies in an effort as to determine the
fair market value for towing services.
(c)
Should the fees for nonconsent tows, codified in article 1.50 of this code, be found to not represent the fair value for towing services, the police department shall request that the city council revise that particular section of the fee schedule.
(d)
No
wrecker company may request a tow fee study more than one (1) time
per year.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
The police department is primarily responsible for the enforcement
of this article.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
(a)
A
violation of any provision of this article is a class C misdemeanor.
(b)
Any
person, firm, corporation, agent or employee thereof who violates
any provision of this article shall, upon conviction, be fined an
amount not to exceed five hundred dollars ($500.00).
(c)
Each
day that any provision of this article is violated shall constitute
a separate offense.
(d)
The
fact that the city may have caused prosecution for a violation of
this article shall not operate to prevent or limit the exercise of
the authority of the city to suspend, revoke, alter or amend any certificates
or registration or the rotation list as permitted by this article.
(Ordinance 11-474, sec. 1, adopted 5/24/11)
