[1]
Editor’s note–Ord. No. 1952, § 1, adopted
Mar. 27, 2012, deleted the former Art. IV, §§ 90-81-90-91,
and enacted a new Art. IV as set out herein. The former Art. IV pertained
to wreckers and tow trucks and derived from the Code of 1974, §§
15-45, 15-46), §§ 15-48-15-56.
(a)
Scope
of activity for which required. No person shall drive, operate or
cause to be operated, nor shall any person employ, permit or allow
another to drive, operate or cause to be operated, any tow truck over
any street in the city for the purpose of removing, moving or towing
of any vehicle without first being properly licensed, insured and
equipped in accordance with state law and the state department of
licensing and regulation regulations.
(b)
All
tow trucks originating a consent tow within the city must comply with
the licensing and equipment regulations and adhere to the specific
tow truck classifications for the specific use of that tow truck as
set forth in state law and the state department of licensing and regulation
regulations.
(Ordinance 1952, § 1, 3-27-12)
The condition of being abandoned, as defined in V.T.C.A.,
Transportation Code ch. 683, as amended.
For purposes of paying the drop charge, attempt to retrieve
the motor vehicle means any verbal request that a reasonable person
would understand to mean, “Do not tow my car.”
As used in this chapter this term is in reference to a vehicle
parked on property other than a public roadway and shall mean the
time period until the tow truck enters a public street, road or highway,
The City of Euless in the County of Tarrant and State of
Texas.
Any tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle.
The towing company performing police pulls for the city pursuant
to contract.
A vehicle which is rendered unsafe to be driven as the result
of some occurrence other than a wreck, including but not limited to,
mechanical failures or breakdowns, fire, vandalism or a vehicle which
is in a safe driving condition, but the owner is not present or able
or permitted to drive so as to reasonably necessitate that the vehicle
be removed by a tow truck.
The fee charged for a nonconsent tow which is disengaged
pursuant to this article, while the towed vehicle is still on the
premises from which it is being removed.
The vehicle is fully prepared for transport by attachment
to a tow truck, lifted in tow position, with tow lights and safety
chains attached and, if required, placed on a dolly in a raised position
and the only thing remaining is for the tow operator to drive away.
A vehicle parked, stored or situated in violation of any
state law or city ordinance or without the effective consent of the
owner of the premises where the vehicle is parked, stored or situated.
A vehicle as defined in V.T.C.A., Transportation Code ch.
683, as amended. Junk vehicle does not include the following:
A vehicle or part thereof which is completely enclosed within
a building in a lawful manner where it is not visible from the street
or other public or private property;
A vehicle or portion thereof which is stored or parked in a
lawful manner on private property in connection with the business
of a licensed vehicle dealer; or
An unlicensed, operable or inoperable antique and special interest
vehicle stored by a collector on his property, provided that the vehicle
and the outdoor storage area is maintained in such a manner that they
do not constitute a health hazard and are screened from ordinary public
view by means of a fence, trees, shrubbery or other appropriate means.
Any tow, which originates in the city, of a motor vehicle
that is not a tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle. The term includes but is not limited
to, a police pull, a tow of a motor vehicle in which the tow truck
is summoned because of a traffic accident or to a traffic incident,
and a private property tow.
Public or private property used, wholly or partly, for restricted
or paid parking. The term includes:
A restricted space on a portion of an otherwise unrestricted
parking facility; and
A commercial parking lot, parking garage, and a parking area
serving or adjacent to a business, church, school, home that charges
a fee for parking, apartment complex, property governed by a property
owners’ association, or government-owned property leased to
a private person, including:
A portion of the right-of-way of a public roadway that is leased
by a governmental entity to the parking facility owner; and
The area between the facility’s property line abutting
a county or municipal public roadway and the center line of the roadway’s
drainage way or curb of the roadway, whichever is further from the
facility’s property line.
Includes an individual, firm, corporation, association, partnership,
joint venture or society.
A police-initiated nonconsent tow or other transportation
of a vehicle by a tow truck which is the result of a police officer
exercising his authority to effect the removal of the vehicle pursuant
to state law and this article.
Any tow of a vehicle authorized by a parking facility owner
without the consent of the owner or operator of the vehicle.
The entire width between the boundary lines of every publicly
maintained way when any part thereof is open to the use of the public
for the purposes of vehicular travel.
A motor vehicle, including a wrecker, equipped with a mechanical
device used to tow, winch, or otherwise move another motor vehicle.
The term does not include:
A motor vehicle owned and operated by a governmental entity,
including a public school district;
A recreational vehicle towing another vehicle;
A motor vehicle used in combination with a tow bar, tow dolly,
or other mechanical device if the vehicle is not operated in furtherance
of a commercial enterprise;
A motor vehicle that is controlled or operated by a farmer or
rancher and used for towing a farm vehicle; or
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.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or roadway, except
devices moved by human power or used exclusively upon stationary rails
or tracks. The term includes as operable or inoperable automobile,
truck, motorcycle, recreational vehicle or trailer.
A garage, parking lot, or other facility that is:
(Ordinance 1952, § 1, 3-27-12)
Police pulls for the city will be made pursuant to a contract
between the city and a qualified towing service.
(Ordinance 1952, § 1, 3-27-12)
(a)
A police
officer for the city is hereby authorized to move a vehicle, require
the operator or other person in charge of a vehicle to move the same,
or have the vehicle removed by the city’s contract towing service
under this article to the nearest place of safety or to the premises
of said contract towing service, under the following circumstance:
(1)
When
any vehicle is left unattended upon any bridge, viaduct or causeway,
or in any tunnel where such vehicle constitutes an obstruction to
traffic;
(2)
When
any vehicle is otherwise illegally parked so as to block the entrance
to any private driveway;
(3)
When
any vehicle is found upon a street and a report has been previously
made that the vehicle has been stolen, or there is reasonable grounds
to believe the vehicle is stolen;
(4)
When
an officer has reasonable grounds to believe the vehicle has been
abandoned;
(5)
When
a vehicle upon a street is wrecked or disabled and:
a.
Because
of the wreck or disability its normal operation is impossible or impractical;
or
b.
The
person or persons in charge of the vehicle are incapacitated by reason
of physical injury or other reason to such extent as to be unable
to provide for its removal or custody or are not in the immediate
vicinity of the wrecked or disabled vehicle.
(6)
When
an officer arrests a person driving or in control of a vehicle for
an alleged offense and there is no other alternative to impoundment;
(7)
Whenever
an officer finds a vehicle standing upon a street, or public or private
property in violation of any state law or city ordinance;
(8)
When
the owner or operator consents;
(9)
When
in the opinion of a police officer, said vehicle constitutes a hazard
or interferes with a normal function of a governmental agency;
(10)
When any vehicle is found to be a junk vehicle, in accordance with
the city’s junk vehicle ordinance, section [46-146] of this
Code;
(11)
When in the opinion of the a police officer, the safety of said vehicle
is imperiled by reason of any catastrophe, emergency or unusual circumstances;
(12)
When the operator of a motor vehicle is requested to show proof of
financial responsibility on that vehicle and, in the opinion of a
police officer, is unable to establish financial responsibility under
V.T.C.A., Transportation Code § 601.051;
(13)
Where otherwise authorized by law.
(Ordinance 1952, § 1, 3-27-12)
Each towing company called to the scene of an accident shall
comply with state law and the state department of licensing and regulation
regulations governing the removal of debris from the roadway.
(Ordinance 1952, § 1, 3-27-12)
No person shall drive a tow truck to or near the scene of an
accident within the city to directly or indirectly solicit towing
services unless the person has been called to the scene by the owner
of the vehicle or his authorized representative or by the police department.
(Ordinance 1952, § 1, 3-27-12)
No person shall solicit any tow truck business in any manner,
directly or indirectly, on the streets of the city at or near the
scene of an accident or of a wrecked or disabled vehicle.
(Ordinance 1952, § 1, 3-27-12)
No employee of the city shall recommend to any person the name
of any particular person engaged in the tow truck business for which
solicitation is prohibited, nor shall any city employee influence
or attempt to influence in any manner a decision of a person in choosing
or selecting a tow truck operator.
(Ordinance 1952, § 1, 3-27-12)
The chief of police shall cause to be prepared a form to use
for each police pull in the city made by the contract towing service.
(Ordinance 1952, § 1, 3-27-12)
(a)
When
a vehicle is towed pursuant to a police pull, the owner of said vehicle
shall be afforded the right to a hearing in the justice court in accordance
with V.T.C.A., Occupations Code § 2308.452. This hearing shall
be pursuant to the procedures outlined in V.T.C.A., Occupations Code
ch. 2308.
(b)
Unless
a police hold is placed upon a vehicle towed pursuant to a police
pull, it shall be the responsibility of the contract towing service
to determine whether the vehicle should be released, when it should
be released and to whom it should be released.
(Ordinance 1952, § 1, 3-27-12)
(a)
Any
towing company or operator of a tow truck, not performing a tow pursuant
to the city towing contract, who performs a nonconsent tow in the
city shall keep written records on each vehicle it tows as a nonconsent
tow. These records shall contain:
(1)
The
year, make, model, color, correct license plate number, state issuing
the license, correct vehicle identification number of the vehicle,
and the owner’s or operator’s name if reasonably available;
(2)
The
date, time and location from which the vehicle was towed, the name
of the person who authorized the tow, and the specific reason for
the tow;
(3)
The
name of the tow truck driver that towed the vehicle, and the licensing
number of the truck along with the license plate number of the truck
that towed the vehicle;
(4)
All
amounts charged for the towing of such vehicle, and the specific nature
of each charge; and
(5)
Photographs
or videos of each vehicle before it is towed, demonstrating the condition
of unauthorized parking, for example, but not limited to, a vehicle
parked in a handicapped parking space without a permit, blocking a
dumpster, blocking a vehicle in a parking space, blocking an entrance
or exit, parking in a fire lane or other violation.
(b)
The
towing company operator, his agent or employee shall make these records
available for inspection and copying by the chief of police or his
designee upon his request, and the city shall have access, upon request,
to any books, documents, papers and records for the purpose of making
audit examinations during the operating hours of the tow truck operator.
(c)
Required
records shall be kept under care and custody of the towing company
for at least two years from the date of the tow.
(Ordinance 1952, § 1, 3-27-12)
(a)
Every
parking facility owner who causes or authorizes a nonconsent tow must
post a sign in accordance with state law. In addition to the requirements
set forth in state law, each sign shall provide the name of the person
or firm authorized to tow vehicles from the parking facility; and
name and address of the vehicle storage facility the vehicle is removed
to.
(b)
Every
parking facility owner who causes or authorizes a nonconsent tow must
remove all signs upon the termination of the parking facility owner’s
interest in the parking facility or upon the expiration of the parking
facility owner’s nonconsent tow contract.
(Ordinance 1952, § 1, 3-27-12)
(a)
It is
a violation of this article to make a nonconsent tow of any vehicle
without first securing a specific, written directive to tow such vehicle
signed by the owner of the parking facility or the owner’s authorized
representative. The owner’s authorized representative must be:
(Ordinance 1952, § 1, 3-27-12; Ordinance 2074, § 1, 6-23-15)
(a)
The
owner or operator of a towing company commits an offense if he charges
a fee in excess of the maximum fee for the applicable nonconsent tow
fee set by state regulation.
(b)
A towing
company or vehicle storage facility operator may not charge any other
fee for a nonconsent tow or service related to a nonconsent tow except
a towing fee or a drop fee tow.
(c)
If the
owner, authorized operator, or authorized agent of the owner of a
motor vehicle that is subject to a nonconsent tow attempts to retrieve
the motor vehicle before its removal from the property or parked location,
the maximum amount that may be charged for a drop fee (if the motor
vehicle is hooked up) is the maximum fee permitted by state regulation.
Before its removal from the property the vehicle owner or operator
has an absolute right to regain possession of the vehicle by payment
of the drop fee. In the event the owner or operator arrives to move
the vehicle before the vehicle is fully hooked up, no drop fee may
be charged.
(d)
The
towing company and the vehicle storage facility must comply with state
law and the state department of license and regulation regulations
as they pertain to methods of payment. Notice of the methods of payment
shall be given by the towing company to the owner or operator of the
vehicle towed if the owner or operator is on sight at the time of
the tow and by the vehicle storage facility when the owner appears
to claim the towed vehicle.
(Ordinance 1952, § 1, 3-27-12; Ordinance 2043, § 1, 9-23-14)
(a)
Upon
initial contact with the owner or operator of a vehicle which is the
subject of a nonconsent tow, a tow truck operator, a vehicle storage
facility operator, or any employee or agent thereof shall give written
notice to the vehicle owner or operator of his right to a hearing
that meets the requirements of the V.T.C.A., Occupations Code.
(b)
A person
commits an offense if with criminal negligence he fails to provide
notice as provided by this section.
(Ordinance 1952, § 1, 3-27-12)
Vehicles involved in a nonconsent tow must be transported directly
to a vehicle storage facility. A parking facility cannot be used as
a temporary vehicle storage facility. Nonconsent towed vehicles shall
not be taken to a vehicle storage facility that is more than fifteen
(15) miles outside the city.
(Ordinance 1952, § 1, 3-27-12; Ordinance 2043, § 2, 9-23-14)
Any offense in this article which does not include a culpable
mental state in its definition shall be deemed not to require one.
(Ordinance 1952, § 1, 3-27-12)
Upon contact with the owner or operator of a vehicle which is
the subject of a nonconsent tow, the towing company or a vehicle storage
facility operator, or any employee or agent, shall give written notice
to the vehicle owner or operator of the information required by this
section. If there is no person-to-person contact, then this notice
shall be mailed or faxed to the registered owner of the vehicle.
The intent of this section is that the owner or operator of
a vehicle that is the subject of a nonconsent tow receive written
information from the towing company or vehicle storage facility operator,
in order to enhance the safety in a potentially volatile situation
and allow safe, prompt, legal and orderly vehicle retrieval after
a nonconsent tow without a breach of the peace by any party:
(1)
The
name, address and phone number of the towing company and the vehicle
storage facility;
(2)
The
name and address of the property owner that authorized the tow;
(3)
The
methods of payment accepted by the towing company and vehicle storage
facility;
(4)
An address
for citizens to file written complaints with the city;
(5)
A copy
or summary of this article.
(Ordinance 1952, § 1, 3-27-12)
Any person who violates any provision of this article except section 90-94 shall be guilty of a misdemeanor upon conviction and may be punished by a fine not to exceed $500.00. Any person who violates section 90-94 of this article shall upon conviction be punished by a fine provided in V.T.C.A., Occupations Code § 2308.505.
Each act of violation and each day in which a violation is permitted
to continue shall constitute a separate offense.
(Ordinance 1952, § 1, 3-27-12)
The city shall be entitled to pursue all other criminal and
civil remedies to which it is entitled under any other law and the
remedies provided herein are not exclusive.
(Ordinance 1952, § 1, 3-27-12)
