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:
(1) 
Redwood;
(2) 
Rough cedar;
(3) 
Chain link with wood or metal slats;
(4) 
Brick;
(5) 
Brick columns with any one of the materials listed in subsections (b)(1) through (4) of this section;
(6) 
Pressure treated lumber; or
(7) 
Cast-concrete panels.
Plywood and corrugated metal fence materials are prohibited.
(Ordinance 18-829, sec. 2, adopted 9/13/18; 2007 Code, sec. 44-250)