The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any automobile, truck or other motor vehicle used for
the purpose of towing, carrying, pushing or otherwise transporting
any wrecked or disabled motor vehicle from one place to another for
any purpose including, but not limited to, the purpose of wrecking,
storing or repairing the vehicle. The term “auto wrecker”
shall not be construed to include a service car or other vehicle not
equipped with mechanical devices for transporting wrecked vehicles
and not used for such purpose, such as service cars equipped with
compressed air containers and tools for performing minor repairs not
involving towing or transporting of wrecked or disabled vehicles or
vehicles used by citizens on rare occasions to push or pull other
disabled vehicles. This exception shall not authorize evasion of this
article and if any vehicle, although not equipped with devices primarily
used for towing wrecked or disabled vehicles, is actually used for
such purposes through the means of ropes, chains or otherwise, the
same shall be considered an auto wrecker within the terms of this
article.
means any towing of a motor vehicle upon the authorization
of the owner or a person in possession of the motor vehicle that is
not a police-authorized tow or a nonconsent tow.
means an auto wrecker with a manufacturer’s rated carrying
capacity of not less than 6,000 pounds. Except where a distinction
is made, the term “auto wrecker” shall include a “heavy-duty
wrecker.”
means any towing of a motor vehicle other than upon authorization
of the vehicle owner or person in possession of the motor vehicle
that is not a police-authorized tow.
means a nonconsent tow and means the towing of a motor vehicle
when authorized by any police officer of the city rather than the
owner or person in possession of the motor vehicle under circumstances
of recovery of a stolen vehicle, removal of an abandoned, wrecked,
illegally parked or disabled motor vehicle or a custodial arrest where
the owner or person in possession of the vehicle is incapable of making
arrangements for removal of the vehicle, or any other circumstances
in which a police officer authorizes the towing of a motor vehicle
in connection with the officer’s official duties and the owner
or person in possession is not present or is not capable of making
a determination with respect to the removal of a vehicle.
means additional effort by the vehicle storage facility to
preserve the contents of a vehicle after an inventory and removal
of items, inventoried to safekeeping, or the use of and placing of
plastic, canvas tarpaulins or like materials over broken windows or
doors to protect the interior of a vehicle.
means the amount of effort necessary for the storage of a
vehicle, such as closing and locking doors and hatchbacks, rolling
up windows, and putting up convertible tops. Reasonable storage effort
shall not be considered preservation.
means a permit issued annually by the city which authorizes
the holder thereof to answer only calls from the owner or person in
possession of a motor vehicle for auto transfer and service.
means a permit to be issued annually by the city which authorizes
the holder thereof to answer calls from the police for police-authorized
tows pursuant to a police- authorized tow agreement, [and] nonconsent
tows, as well as calls for consent tows such as auto transfer or wrecker
service calls within the city.
means a motor vehicle storage facility situated within the
city that is operating under a current and valid license granted pursuant
to the Vehicle Storage Facility Act, V.T.C.A., Occupations Code chapter
2303.
means an auto wrecker.
means the medallion or similar token issued by the city at
the time of execution of a police-authorized tow agreement.
means a person who operates an auto wrecker on the streets
of the city, whether on his own account or in the employ of another.
(1991 Code, sec. 8-1; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-213)
(a)
Generally; wrecker requirements.
An owner or person
in possession of a motor vehicle may at any time request that their
vehicle be towed to any location, for any purpose, and may use any
auto wrecker they desire to tow their motor vehicle as long as the
auto wrecker meets the following requirements:
(1)
The auto wrecker displays a valid tow tag and a valid cab card issued
by the state, and meets all requirements set forth by the state regulating
the operation of motor carriers, motor vehicles and auto wreckers
within the state; and
(2)
If the owner of the auto wrecker has a place of business located
within the city, the auto wrecker shall display a valid transfer and
service permit.
(b)
Vehicle in moving lane of traffic.
The owner or person
in possession of a wrecked or disabled vehicle in a moving lane of
traffic shall have 20 minutes to have the vehicle removed from the
roadway at the owner’s request. If the owner is unable to have
the vehicle removed within that time or within a shorter period of
time, if in the judgment of the police officer on the scene such shorter
period of time is necessary to protect the safety and welfare of the
public, the officer may have the vehicle removed pursuant to a police-authorized
tow.
(c)
Towing incidental to repossession of vehicle.
The towing of a vehicle authorized by, and at the direction of, a registered lienholder incidental to a lawful repossession shall be considered a consent tow and the provisions of subsection (a) of this section shall apply. The lienholder or his agent shall make an oral report to the police department within one hour of the time the vehicle was towed which shall include the following information:
(1)
The license plate of the towed vehicle;
(2)
Vehicle identification number of the towed vehicle;
(3)
The year, make, model and color of the towed vehicle;
(4)
The name, address and telephone number of the person authorizing
the tow or the lienholder requesting the vehicle to be repossessed;
and
(5)
The location from which the vehicle was towed, the date and time
of the tow, and the name, street address and telephone number where
the vehicle was taken for storage.
(1991 Code, sec. 8-2; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-214)
(a)
Wrecker requirements.
An auto wrecker performing nonconsent
tows within the city must have a valid unlimited wrecker permit issued
by the city and the driver of the auto wrecker must have a valid city
wrecker operator’s license.
(b)
Signs at parking facilities.
No person may authorize
the tow of any vehicle from a parking lot or facility pursuant to
signs posted on the property prohibiting persons from parking in the
parking lot or facility unless the signs are posted at and visible
from the entrances of the parking lot or facility and such signs inform
the vehicle owners of the vehicle storage facility to which unauthorized
vehicles are towed and the telephone number of that vehicle storage
facility, or the telephone number of an agent of the parking lot or
facility where the vehicle owner can obtain information at any hour
as to where the vehicle has been towed.
(c)
Report to police department.
Whenever a person other
than the registered owner or person in possession of a motor vehicle
authorizes the tow of a vehicle, that person or his agent shall make
an oral report to the police department within one hour of the time
the vehicle was towed which shall include the following information:
(1)
The license plate of the towed vehicle;
(2)
The vehicle identification number of the towed vehicle;
(3)
The year, make, model and color of the towed vehicle;
(4)
The name, address and telephone number of the person authorizing
the tow; and
(5)
The location from which the vehicle was towed, the date and time
of the tow, and the name, street address and telephone number where
the vehicle was taken for storage.
(1991 Code, sec. 8-3; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-215)
(a)
No
auto wrecker may perform police-authorized tows except upon authorization
of a contract executed under this section.
(b)
On
recommendation of the chief of police, the mayor may execute agreements
on behalf of the city with persons who hold unlimited wrecker permits
to perform police-authorized tows. The right to enter into such agreements
shall be extended on a uniform basis to all eligible persons who operate
permitted wreckers; provided, however, that if the chief of police
determines that the applicant for an agreement is an owner of, has
more than ten percent [interest] in, or has control of a company that
has entered into a police-authorized tow agreement with the city that
is then in effect, the chief shall not recommend that the city enter
into an agreement with the applicant. The agreements shall be upon
such terms and conditions as the chief of police determines to be
equitable and in the best interest of providing efficient service
for police-authorized tows. Without limiting the chief of police’s
discretion to develop other covenants, the agreements may provide
that vehicles towed must be delivered to a vehicle storage facility
within the city, that wrecker chips shall be used in the selection
process for auto wreckers responding to a police request, and that
the owner and/or wrecker driver perform or provide services such as
24-hour operations and phone answering services. The agreements shall
be for such term, not to exceed one year duration, as the chief of
police may recommend; provided that all such agreements will provide
a right of any party thereto to terminate upon 30 days’ written
notice, without cause, and for suspension or termination for cause
upon five days’ written notice in the event of the failure of
the operator or his agent or employee to timely or fully comply with
any provision of the agreement.
(c)
The
chief of police shall not recommend that the city enter into an agreement
with any unlimited wrecker permit holder if the permit holder or any
employee or owner of the permit holder (including partners of a partnership
and stockholders of a corporation) has had an agreement hereunder
terminated for cause within the preceding five years. The chief of
police may require an affidavit and the furnishing of business records
to demonstrate compliance with the foregoing provision. The foregoing
provision shall apply to agreements that are not renewed or are terminated
by the operator under threat of termination for cause in the same
manner as to those that have actually been terminated for cause.
(d)
The applicant for a police-authorized tow agreement under this section shall have the right to appeal the decision of the chief of police to the city council within ten days, which appeal shall be perfected by delivering, in writing, five copies of same to the city council, stating that an appeal from the decision of the chief of police is desired and the facts regarding same. The city council will then, within a period of not more than 15 days after receiving such notice of appeal, grant a hearing thereof, and after hearing of the appeal, shall within a period of five days, sustain or reverse the decision of the chief of police. If no appeal is taken from the findings made by the chief of police within the time provided in this subsection (d), the decision of the chief of police shall be final; otherwise, the decision of the city council shall become final.
(1991 Code, sec. 8-4; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-216)
(a)
Whenever
an auto wrecker arrives at a place where a motor vehicle is wrecked
or disabled, the auto wrecker driver shall park his vehicle as close
to the street curb as possible and otherwise dispose of it in such
a manner as not to interfere with traffic. No auto wrecker shall be
parked within 100 feet of a wrecked or disabled vehicle unless otherwise
directed by a police officer at the scene. The driver or any occupant
of the auto wrecker shall remain at or near the wrecker and not approach
any party involved in the wrecked or disabled vehicle. Only one auto
wrecker from the same company or an affiliated company shall be allowed
at the scene of a wrecked or disabled vehicle or at the scene of any
police call for auto wreckers.
(b)
The
fact that a police officer is not present at the scene of an accident
when an auto wrecker arrives shall not constitute an exception to
this section nor any other section and it shall be the duty of the
owner or driver desiring to tow or haul any wrecked or disabled vehicles
from the scene of an accident to cause the police to be notified of
the occurrence of the accident and to await the arrival of a police
officer.
(1991 Code, sec. 8-5; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-217)
No auto wrecker driver shall, nor allow any person under his control to, ignite a match, lighter or other flammable object within a distance of 50 feet in any direction from the location of a vehicular accident. The wrecker driver and any person under his control shall not enter into such area with a lighted cigarette, cigar, pipe or other burning material. The provisions of this section shall not apply to the required safety equipment described in section 5.13.010.
(1991 Code, sec. 8-6; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-218)
(a)
All
wrecker drivers, owners and agents are prohibited from soliciting
the business of towing, removing or repairing any wrecked or disabled
vehicle at the place where the accident has occurred to such vehicle,
by words, cards, circulars or gestures.
(b)
No
auto wrecker driver shall remove any wrecked or disabled vehicle from
the place where the accident has occurred or attach his wrecker to
the wrecked or disabled vehicle unless otherwise directed by a police
officer at the scene.
(1991 Code, sec. 8-7; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-219)
(a)
All
auto wrecker drivers arriving at the scene of an accident or any police-authorized
tow shall obey all lawful orders given them by any police officer
at the scene and shall not interfere with such police officer in the
performance of his duties.
(b)
A
wrecker driver shall not remove any wrecked or disabled vehicle from
the scene of an accident or any request for a police-authorized tow
or load or attach an auto wrecker to a wrecked or disabled vehicle
until the police officer in charge of the scene has completed the
investigation and authorized the wrecker driver to remove the vehicle.
(c)
All
auto wreckers may be denied to match for a tow if the wrecker is observed
violating any laws of the state or city while en route to any wrecker
call for service. This shall be at the discretion of the investigating
police officer in charge of the scene.
(d)
Any
police officer investigating any scene shall have the authority to
confiscate any wrecker chip if said chip has been bent, damaged or
otherwise tampered with in a manner that would alter the original
condition of the chip. Any officer may confiscate a city wrecker operator’s
license if the wrecker driver interferes with the officer while at
the scene.
(e)
If
any wrecker operator’s license or wrecker chip is confiscated
it shall be accompanied by a written memo indicating the reason for
the confiscation and given to the on-duty supervisor. The supervisor
shall then forward the confiscated item along with a memo to the chief
of police or his designee. The chief of police shall investigate or
cause an investigation to be conducted as to any further disciplinary
action such as revoking or suspending the operator’s license
or terminating the police-authorized tow agreement, if any, or both.
(1991 Code, sec. 8-8; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-220)
(a)
Upon
arrival at the scene of a wrecked or disabled vehicle the police officer
shall determine if a police-authorized tow is necessary. If a police-authorized
tow is necessary, the police officer shall advise dispatch of the
number of wreckers needed and then a ten-minute call will be placed
for wreckers holding valid wrecker chips. After the allotted time,
the appropriate number of wreckers will be chosen by the drawing of
wrecker chips from those auto wreckers responding to the call.
(b)
If
the owner or driver of a motor vehicle that is wrecked or disabled
has a wrecker preference, that request will be honored and any wrecker
or towing company may tow the vehicle as long as it has a valid state
tow tag and cab card. If the wrecked or disabled vehicle has any part
or portion thereof upon the roadway, the auto wrecker responding to
the owner’s or driver’s request shall have 20 minutes
to arrive at the scene and remove the vehicle, or such shorter period
of time if in the discretion of the police officer on the scene such
shorter period of time is necessary to protect the safety and welfare
of the public; otherwise, the vehicle may be towed pursuant to a police-authorized
tow by an auto wrecker holding a valid wrecker chip.
(c)
If the owner or driver of any vehicle has a request for an auto wrecker holding a valid wrecker chip and more than one auto wrecker is needed, the auto wrecker towing at the owner’s or driver’s request may match for another vehicle, if the auto wrecker is equipped to tow two vehicles, and if the auto wrecker’s chip is drawn pursuant to subsection (a) of this section.
(1991 Code, sec. 8-9; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-221)
The following equipment is required on every auto wrecker performing
towing services within the city:
(1)
A
fire extinguisher, being defined as that piece of equipment commonly
carried to extinguish fires caused as a result of an auto accident
or collision. Such fire extinguisher shall be the standard BC type,
either one ten-pound or two five-pound fire extinguishers with a gauge,
properly filled and readily accessible for use. Fire extinguisher(s)
must be inspected by the fire marshal and tagged with a certification
annually.
(2)
Three
flares, each of which shall be capable of being seen and distinguished
at a distance of not less than 600 feet under normal atmospheric conditions
at nighttime.
(3)
One
broom of a type designed for pushing with an 18-inch head and a handle
of not less than 36 inches.
(4)
No
less than five gallons of dry sand or other absorbent which is at
least as effective as sand in absorbing liquid.
(5)
One
five-gallon container to carry glass and debris cleaned from streets
when picking up a wrecked vehicle.
(6)
One
flat-edged shovel of at least nine inches, with a handle of not less
than 36 inches.
(7)
One
wrecking bar of not less than 36 inches in length with a wedge head.
(8)
At
least one operational light bar with amber lenses or lights visible
within 500 feet of a 360-degree radius.
(9)
If
the vehicle being towed does not have functional taillights, temporary
lighting must be provided.
(10)
If the auto wrecker is a heavy-duty wrecker, the heavy-duty wrecker
must be equipped with a winch capable of lifting a minimum of 50,000
pounds. If one winch line is used it shall be at least three-fourths
inches in diameter; if two winch lines are used each shall be at least
five-eighths [inches] in diameter. Additionally, a heavy-duty wrecker
shall be equipped with air brakes and air lines, and must have a tow
bar which is sufficient to prevent the swinging of any equipment being
transported by such heavy-duty wrecker.
(11)
If the auto wrecker is a TDLR approved hydraulically extendable boom
tandem axle wrecker, the wrecker shall have a minimum boom manufacturer
rating of 35 tons. Each wrecker shall have a minimum of two 35,000
manufacturer rated winches and each winch shall have a minimum of
200 feet of 3/4 inch diameter wire rope. Every rope end must be swaged.
(1991 Code, sec. 8-10; Ordinance
97-507, sec. 2, adopted 11/20/96; Ordinance 19-855, sec. 1, adopted 10/8/19; 2007 Code, sec. 44-222)
(a)
It
shall be the duty of the wrecker driver of each auto wrecker that
picks up a wrecked or disabled vehicle for the purpose of towing to
clear the street of any and all debris, parts or glass. In the event
two or more auto wreckers pick up vehicles for towing, it shall be
the duty of each driver to clear the street of debris, parts or glass.
(b)
Any
other person who removes a wrecked or disabled vehicle from a street
shall remove any glass or other injurious substance dropped upon the
street from such vehicle.
(1991 Code, sec. 8-11; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-223)
(a)
Standard service.
The standard auto wrecker service
charge for towing a vehicle as a nonconsent tow or as a police-authorized
tow to a vehicle storage facility within the city or to the place
of business of the auto wrecker shall not exceed $220.00. This charge
shall apply whether the tow is performed during the day, at night,
on a Saturday or Sunday, or on a holiday. If the police department
requires the vehicle to be moved from the location to which it was
originally towed to another location within the city, an additional
fee not to exceed $50.00 may be charged for transferring the vehicle.
(b)
Heavy-duty wrecker service.
The service charge for a
heavy-duty wrecker performing police authorized or nonconsent tows
where the services of a heavy-duty wrecker are required shall not
exceed $335.50 per hour, with a two-hour minimum. The time shall begin
at dispatch time and end when the vehicle is delivered to the vehicle
storage facility or designated location. An additional fee not to
exceed $150.00 per hour may be charged for the up righting of rollover
and wrecked vehicles.
(c)
Invoice.
All charges shall be listed on the wrecker
invoice and the permit holder shall maintain a separate file for invoice
copies pertaining to nonconsent and police-authorized towing services
at the permit holder’s place of business for two years from
the invoice date. Any officer of the police department may inspect
such invoice during regular business hours. Every invoice required
to be kept under this section shall contain the towed vehicle’s
description by make, model, year, license number and name of the wrecker
driver in addition to charges made. Every invoice on nonconsent tows
shall include the information specified in this subsection along with
the name, address and phone number of the person authorizing the tow,
accompanied with the reason the vehicle was towed, and the name, street
address and telephone number where the vehicle was taken for storage.
Every invoice on police-authorized tows shall include the name and
badge number of the police officer that authorized the tow.
(d)
Recovery and scene clean-up.
There are no regulated
fees regarding recovery or scene clean-up. The heavy-duty tow operator
must provide the customer with a detailed bill listing the equipment,
labor and time utilized to clean the scene. Additional fees based
on hazardous materials may apply.
(e)
Process for determining rates.
The rates referred to in subsections (a) and (b), above, shall be established in accordance with the following process:
(1)
The city shall adjust the rates on a bi-annual basis effective
January 1 of each year beginning in 2026, based upon a weighted blend
of the following indices with one-half attributed to the percentage
increase or decrease in the consumer price index, all urban consumers,
all items, United States average; and one-sixth each attributed to
the percentage increase or decrease in:
(A)
Consumer Price Index, All Urban Customers (CPI-U), U.S. City
average, Motor Vehicle Maintenance and Repair;
(B)
Consumer Price Index, All Urban Customers (CPI-U), U.S. City
Average, Vehicle Insurance; and
(C)
Consumer Price Index, All Urban Customers (CPI-U), Houston-The
Woodlands-Sugar Land Average, Gasoline;
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all as published by the U.S. Department of Labor. The adjustment
shall be based upon the most current data available on November 15,
shall be rounded to the nearest increment of $0.50 cents and shall
be effective on the following January 1. Notice of the adjusted rates
shall be sent via certified mail to all wrecker companies permitted
to perform services within the city as of the date the new rate is
adopted by ordinance.
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(2)
A towing company may request that the city conduct a towing fee study in years in which the rates are not adjusted as set forth in subsection (1) above, by filing a written request with the city manager by certified mail, return receipt requested, or by hand delivery. The following shall apply to towing fee studies performed at the request of a towing company:
(A)
A fee of $1,000.00 is paid to the city at the time the request
for a study is made;
(B)
Within 90 days after the filing of an initial request, additional towing companies may join the request by filing written requests in accordance with this subsection (2) above;
(C)
The city shall conduct a towing fee study if the initial request
and the additional requestors, if any, accounted for not less than
50 percent of the nonconsent tows performed in the city during the
preceding twelve month period, as determined by the city manager;
(D)
If it is determined that the requestor(s) do not meet the threshold as established in subsection (C) above, a fee study shall not be conducted and the city shall refund the fee, less an administrative fee of $250.00;
(E)
The towing fee study shall determine the fair market value of
a nonconsent tow originating in the city, considering the financial
information provided to the city by the requestor(s). Such information
shall include but is not limited to verified financial data and vehicle-operating
data regarding the operating costs and return on investment for use
as a basis in conducting the review;
(F)
Each towing company requesting the towing fee study shall cooperate
with the city to conduct the study. Each towing company shall provide
to the city information determined by the city manager to be reasonably
necessary to determine the fair market value of towing services regulated
under this chapter;
(H)
The city manager shall present to the city council the results
of the towing fee study. The city manager shall give each towing company
that owns or leases tow trucks permitted with the city written notice
of the time, date, and location of the city council meeting at which
the study is to be considered. The notice must be sent by United States
regular mail to the towing company's address listed in the latest
permit application on file with the police chief.
(I)
Based on the results of the towing fee study, the city council
may change the nonconsent towing fees. The maximum fees must represent
the fair market value of the services of a towing company performing
nonconsent tows originating in the city.
(J)
The city is not required to conduct more than one towing fee
study within a two (2) year time period, measured from the date the
city council most recently considered a towing fee study.
(1991 Code, sec. 8-12; Ordinance
97-507, sec. 2, adopted 11/20/96; Ordinance 09-663, sec. I, adopted 12/11/09; Ordinance 19-855, sec. 2, adopted 10/8/19; 2007
Code, sec. 44-224; Ordinance
24-972 adopted 8/8/2024)
(a)
It
shall be unlawful for any person to use the streets of the city for
the operation of an auto wrecker unless the ad valorem taxes on all
properties used and useful in the furnishing of auto wrecker services
shall have been first paid.
(b)
The
owner or operator of any property used and useful in the furnishing
of auto wreckers shall, on or before January 15 of each year, furnish
the city manager or designee satisfactory evidence that all ad valorem
and other taxes due the city have been paid when due. The city manager
or designee shall have 15 days after receipt of such evidence to determine
whether such evidence is true and correct. If such investigation discloses
that such taxes were not paid, the city manager or designee shall
cause any or all permits issued by the city and held by such owner
or operator to be suspended, canceled or revoked.
(1991 Code, sec. 8-13; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-225; Ordinance adopting
2022 Code)
