A vehicle storage facility operating and located within the
city must have a valid license issued by the state pursuant to the
Vehicle Storage Facility Act, V.T.C.A., Occupations Code chapter 2303,
and must comply with all state rules and regulations regarding vehicle
storage facilities, as well as all city ordinances affecting same.
To the extent there is a conflict between state law and the city’s
regulations, the stricter regulation shall apply.
(1991 Code, sec. 8-14; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-244)
(a)
A
vehicle storage facility must have a staffed office between the hours
of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding nationally
recognized holidays, and shall have personnel available for the following:
(1)
To permit an owner or authorized representative access to the vehicle
for insurance and repair estimates;
(2)
To allow an owner or authorized representative to remove personal
belongings from the vehicle, unless otherwise restricted by a certified
police officer; and
(3)
To permit an owner or authorized representative to inspect a copy
of the wrecker slip or wrecker invoice of the motor vehicle and the
owner shall not be required to pay any fees or charges for doing so.
(b)
A
vehicle storage facility that accepts vehicles towed as nonconsent
or police-authorized tows or that accepts vehicles twenty-four (24)
hours a day shall have an attendant available twenty-four (24) hours
a day for release of vehicles to owners, and to make a vehicle available
to a police agency incidental to an official investigation within
one (1) hour notice.
(1991 Code, sec. 8-15; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-245)
(a)
Each
vehicle storage facility must have and maintain sufficient storage
space to store vehicles taken into its possession. The owner of the
vehicle storage facility must have and maintain fire and theft insurance
to cover stored vehicles.
(b)
Each
place of business must have a sign of sufficient size at its main
entrance. The sign must be clearly visible from the roadway and identify
in letters not less than six inches in height the wrecker service
name. The sign must also include the address, office hours, phone
number, after-hours number for release of vehicles, and the vehicle
storage facility number issued by the state in numbers and letters
not less than two inches in height.
(c)
Each
motor vehicle storage facility must have a sign clearly visible to
a vehicle owner that lists the prices for wrecker towing fees, storage,
notification and preservation charges. This sign shall be located
in such a manner so that it is visible to an owner prior to payment
of any fees.
(1991 Code, sec. 8-16; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-246)
A vehicle storage facility shall put forth reasonable effort
to protect any and all stored vehicles from the elements by securing
any and all windows, doors or any openings where the vehicle might
possibly receive preventable damage. No motor vehicle at a storage
facility may be used by the facility nor have parts removed from,
altered or replaced without authorization of the owner.
(1991 Code, sec. 8-17; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-247)
Upon receipt of a vehicle towed to a vehicle storage facility
as a nonconsent or police-authorized tow, the owner or agent of such
storage facility shall notify the registered owner and all lienholders
in the manner required by V.T.C.A., Occupations Code, section 2308.454
et seq. and V.T.C.A., Occupations Code section 2303.151 et seq.
(1991 Code, sec. 8-18; Ordinance
97-507, sec. 2, adopted 11/20/96; 2007 Code, sec. 44-248)
(a)
Notification fee.
The operator of a vehicle storage
facility may not charge a vehicle owner more than $50.00 for notification
of the registered owner and lienholders. If notification is not sent
to the registered owner and all lienholders before the fifth day after
the operator receives the vehicle, storage charges cannot be charged
after the fifth day. Once the notification letters have been sent,
via certified mail, return receipt requested, storage charges may
resume.
(b)
Preservation charge.
The operator of a vehicle storage
facility may charge a preservation charge not to exceed $20.00 per
day for the preservation and protection of a motor vehicle. The exact
conduct and the date the conduct occurred must be included on the
written bill.
(c)
Storage fee.
The operator of a vehicle storage facility
may charge an amount not to exceed $20.00 per day storage fees for
a passenger car, pickup truck, auto with travel trailer, or like size
vehicle. Charges shall begin at the time the vehicle is towed. A daily
storage fee may be charged for a day regardless of whether the vehicle
is stored for a full 24 hours. A daily storage fee may not be charged
for more than one day if a vehicle remains at a storage facility less
than 12 hours. For the purposes of this subsection, a day is considered
to begin and end at midnight.
(d)
Additional fees.
The operator of a vehicle storage facility
may not charge any additional fees that are similar to notification,
preservation or administrative fees.
(1991 Code, sec. 8-19; Ordinance
97-507, sec. 2, adopted 11/20/96; Ordinance 19-855, sec. 3, adopted 10/8/19; 2007 Code, sec. 44-249)
(a)
New facilities.
A vehicle storage facility permitted
for construction on or after October 1, 2018 must:
(1)
Be enclosed by masonry or cast-concrete panel buffer fence that is
at least six feet high and located not less than 15 feet from the
property line; and
(2)
Constructed and maintained so that the vehicles stored within the
facility are not visible from any public right-of-way in any manner.
|
Chain-link, plywood, wood picket and corrugated metal fences
are prohibited.
|
(b)
Existing facilities.
Any person owning or operating an existing vehicle storage facility within the city prior to the adoption of this section shall have 180 days from the date of adoption of this section to either construct a fence that meets the requirements of subsection (a) above, or modify the existing fencing at the existing fence’s location so that the facility’s perimeter fence is at least six feet high and constructed of any one of the following:
(Ordinance 18-829, sec. 2, adopted 9/13/18; 2007 Code, sec. 44-250)
