(Ordinance 1022-09-10-27, passed 10-27-09)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSENT TOW.
A 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.
NONCONSENT TOW.
A tow of a motor vehicle that is not a consent tow and is initiated by a Texas Peace Officer or a City of Pflugerville Code Compliance Officer. This term does not include the towing of a vehicle off private property initiated by the property owner or his/her agent.
TOW TRUCK.
A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle.
TOWING COMPANY.
A person operating a tow truck registered under Chapter 643 of the Texas Transportation Code and registered, licensed and in good standing with Texas Department of Licensing and Regulation. The term includes the owner, officer, manager, operator, employee or agent of the towing company, but does not include a political subdivision of the State of Texas.
VEHICLE STORAGE FACILITY.
A garage, parking lot, or other facility that is owned by a person other than a governmental entity, and is used to store or park vehicles that have been towed to such facility without the consent of the owner or operator of the vehicle.
A towing company shall comply with all state laws, regulations, administrative rule and TDLR orders as may be amended from time to time that relate to towing. A towing company that recklessly violates a state law or regulation related to towing commits an offense under this chapter.
(Ordinance 1022-09-10-27, passed 10-27-09)
A towing company may not conduct a nonconsent tow within the corporate city limits of the City of Pflugerville unless they have previously contracted with the City to perform this service.
(Ordinance 1022-09-10-27, passed 10-27-09)
A towing company is prohibited from soliciting business from a City street to provide service to a vehicle that has been disabled in an accident on a City Street. This prohibition applies to a solicitation to tow, remove, repair, wreck, store, trade, sell or purchase the vehicle.
(Ordinance 1022-09-10-27, passed 10-27-09)
(A) 
A towing company that removes a vehicle in accordance with Texas Transportation Code or in executing a repossession shall notify the Pflugerville Police Department not less than one hour after removal.
(B) 
The notification shall include:
(1) 
The name of the towing company;
(2) 
The date, time, and location of the removal;
(3) 
The physical description, license number and vehicle identification number of the vehicle removed;
(4) 
The name of the tow truck operator who performed the removal; and
(5) 
The storage location of the vehicle.
(Ordinance 1022-09-10-27, passed 10-27-09)
(A) 
A towing company shall own a vehicle storage facility to store vehicles removed in a nonconsent tow that is:
(1) 
Licensed by the State of Texas; and
(2) 
Located with [within] 1,000 feet of the corporate city limits of the City of Pflugerville.
(B) 
All vehicle storage facilities that may be used to store a nonconsent tow or records concerning nonconsent tows shall be open to inspection by the Pflugerville Police Department Monday through Friday between the hours of 8 a.m. and 5 p.m.
(C) 
Upon request by the City the financial records of a towing company that operates a vehicle storage facility that is used to store a nonconsent tow may be audited twice a year upon request by the City of Pflugerville.
(D) 
All financial records of a towing company concerning nonconsent tows in the City of Pflugerville shall be maintained at the company’s vehicle storage facility.
(Ordinance 1022-09-10-27, passed 10-27-09)
Except as provided under this chapter, a towing company may not enter an accident scene or other site under a peace officer’s control without being directed to do so by the officer and:
(1) 
The person is summoned to the scene by a Texas Peace Officer or by a person involved in the accident; or
(2) 
It is necessary to prevent death or bodily injury, and emergency medical personnel are not present.
(Ordinance 1022-09-10-27, passed 10-27-09)
A tow truck operator summoned to an accident scene may not begin preparations to remove a disabled vehicle from the scene until a Texas Peace Officer authorizes its removal. A City of Pflugerville Peace Officer may direct the vehicle be towed to vehicle storage facility owned or used by the City. A tow truck operator shall obey all lawful commands of a Texas Peace Officer at an accident scene.
(Ordinance 1022-09-10-27, passed 10-27-09)
Any person including a Tow Truck Company who recklessly violates any portion of this chapter shall be deemed guilty of a Class C Misdemeanor and, upon conviction, shall be fined not less than $1.00 nor more than $500.00.
(Ordinance 1022-09-10-27, passed 10-27-09)