For the purpose of this article, the following terms, phrases, words and their derivations shall have the respective meaning given herein:
Accident/crash.
An occurrence in the operation of a motor vehicle which results in injury to any person or property.
Disabled.
Any vehicle which has been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, reasonably requiring that such vehicle be removed by a tow truck.
Heavy duty tow truck.
A tow truck not less than two (2) tons in size.
Motor vehicle.
Any vehicle which is self-propelled.
Owner’s request.
When the operator or owner of a wrecked or disabled vehicle has selected a tow truck company to remove his vehicle and has authorized the police department to call that tow truck company.
Police department.
The city police department.
Police pull.
When the police department has called a tow truck company from the rotation list to remove a wrecked or disabled vehicle, or to remove a vehicle in a safe driving condition, when the driver is absent, in custody or otherwise incapable of making authorization.
Private property commonly used by the public.
Includes supermarkets or shopping center parking lots, parking areas provided by business establishments for the convenience of their customers, clients or patrons, and parking areas owned and operated for the convenience of and commonly used by the public.
Public property.
Any property owned by a governmental entity.
Rotation.
When the operator of a wrecked or disabled vehicle fails to designate a specific tow truck operator to remove his vehicle and he has authorized the police department to call a tow truck from the rotation list.
Street.
Any street, alley, avenue, lane, public place, or highway within the corporate limits of the city.
TDLR.
The state department of licensing and regulation, the state agency that serves as the state’s umbrella occupational regulatory agency, including the regulatory agency for towing companies and vehicle storage facilities.
Tow truck.
A vehicle equipped with a lifting device and which is designed, made or adapted to tow or carry other vehicles.
Tow truck business.
Any tow truck company that hauls, tows, or in any way moves vehicles by the use of a tow truck.
Tow truck company.
Any individual, corporation, partnership or association engaged in the business of towing vehicles on public streets or highways for compensation or with the expectation of compensation for the towing, storage or repair of vehicles. The term “tow truck company” includes the owner, operator, or agent of a towing company, but does not include cities, counties or other political subdivisions of the state.
Tow truck rotation list.
The list of tow truck companies as described in section 4.08.008.
Tow truck selection.
The selection process provided for in section 4.08.012.
Vehicle.
Any device in, upon, or by which any person or property is, or may be, transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.
Wrecked.
The status of any vehicle that has been damaged as the result of an accident or crash so as to reasonably require that such vehicle be removed by a tow truck.
(1972 Code, sec. 25-81; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.080; Ordinance 431, art. I, sec. 1, adopted 8/6/2013)
Violation of any term of this article by any person, firm or corporation is declared to be a misdemeanor, and upon adjudication of guilt a fine not to exceed two hundred dollars ($200.00) shall be assessed against such violator in accordance with Code of Ordinances of the city. Each continuing day of violation shall be deemed a separate offense for which a separate fine may be assessed.
(Ordinance 431, art. II, adopted 8/6/2013)
The prohibitions and requirements of this article shall apply to all vehicle accidents and vehicle disabilities occurring on public property or private property commonly used by the public, regardless of whether or not the final resting place of a vehicle is upon the above-described areas immediately after the accident or disability, and to police pulls for vehicles improperly or illegally parked.
(1972 Code, sec. 25-82; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.081; Ordinance 431, art. I, sec. 2, adopted 8/6/2013)
The prohibitions and requirements of this article shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident.
(1972 Code, sec. 25-83; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.082; Ordinance 431, art. I, sec. 3, adopted 8/6/2013)
A vehicle may be pushed or towed by another vehicle only when it does not reasonably require removal by a tow truck and only when it may be done in a safe manner.
(1972 Code, sec. 25-84; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.083; Ordinance 431, art. I, sec. 4, adopted 8/6/2013)
No employee of the city shall own any interest, either directly or indirectly, in a tow truck company, nor recommend to any person, in any manner, the name of any repair, tow truck or towing business, nor shall any city employee influence in any manner the decision of any person in choosing or selecting a repair, tow truck service or towing business.
(1972 Code, sec. 25-85; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.084; Ordinance 431, art. I, sec. 5, adopted 8/6/2013)
No person shall drive a tow truck to or near the site of an accident within the corporate limits of the city unless such person has been called to the site by the owner of the vehicle or his authorized representative, or by the police department. Any tow truck company when called as provided herein shall notify the police dispatcher before proceeding to the disabled vehicle. No person shall solicit in any manner, directly or indirectly, at or near the site of an accident involving motor vehicles in the city limits, any business regarding wrecked or disabled vehicles, regardless of whether the solicitation is for the purpose of removing, repairing, wrecking, storing, trading or purchasing said vehicle. The presence of any person engaged in the tow truck business at the site of an accident shall be prima facie evidence of solicitation in violation of this section unless such person has been called to the location under the provisions of this section.
(1972 Code, sec. 25-86; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.085; Ordinance 431, art. I, sec. 6, adopted 8/6/2013)
In order to qualify for the tow truck rotation list, the following requirements must be met:
(1) 
All delinquent taxes owed by a tow truck company must be paid in full to maintain its status on the tow truck rotation list.
(2) 
The applicant shall have a minimum of one (1) tow truck available for service at all times.
(3) 
The applicant shall file a sworn statement that he has no direct or indirect financial interest in any other tow truck service on the city’s tow truck rotation list.
(4) 
The applicant must maintain an office within the county and have a TDLR-licensed storage facility located within the city.
(5) 
The applicant must comply with the terms and requirements of TDLR.
(6) 
A tow truck company must apply in writing to the police department to be placed on the rotation list and shall provide the name, address and telephone numbers of the tow truck company, the number and type of tow trucks to be operated, and the legal owners and actual operators of the company.
(1972 Code, sec. 25-91; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.095; Ordinance 431, art. I, sec. 7, adopted 8/6/2013)
After an administrative hearing, the chief of police may suspend or remove any tow truck company from the rotation list on any of the following grounds:
(1) 
If the place on the tow truck rotation list was procured by fraudulent conduct or concealment of, or false statement of, a material fact concerning the applicant at the time of his making application.
(2) 
If the tow truck company violates the provisions of this article or any other city ordinance or any state law while engaged in the operation of their tow trucks.
(3) 
If the tow truck company fails to comply with the provisions of this article regarding the provision of a storage area for wrecked or disabled vehicles.
(4) 
If the tow truck company fails to protect vehicles in its care as a result of a tow truck pull and fails to prevent parts, accessories and personal belongings from being removed from the vehicle except as may be necessary to protect such items from theft.
(5) 
If the tow truck company fails to deliver a vehicle directly to the location within the limits of the city as designated by the owner of the vehicle or the police department, provided such vehicle can be legally delivered to such location. However, this provision shall not apply when it is necessary to remove a vehicle to its ultimate destination by two separate tows because of emergency or breakdown of a tow truck and no charge is levied which is greater than the amount provided in section 4.08.014 for a single tow from one point on a street to another location within the limits of the city.
(6) 
If a tow truck company declines to respond in a timely manner to a police department call for a rotation pull or police pull and engages in “selective” pulls as determined by the chief of police.
(7) 
If a tow truck owner or operator is verbally abusive to a member of the public while engaged in a tow or to any member of the city police department either by telephone, radio, text and/or e-mail, or in person, as determined by the chief of police.
(1972 Code, sec. 25-92; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.096; Ordinance 431, art. I, sec. 8, adopted 8/6/2013)
The chief of police shall give ten (10) days’ notice of the time and place for the administrative hearing concerning suspension, cancellation or removal as provided above and is hereby empowered to administer oaths to witnesses and to conduct the hearing as otherwise provided by law. Findings of the chief of police and his written order of suspension or removal from the rotation list shall terminate all authority and permission theretofore granted. The period of suspension or removal from the rotation list shall not exceed one (1) year.
(1972 Code, sec. 25-93; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.097; Ordinance 431, art. I, sec. 9, adopted 8/6/2013)
Any order of the chief of police may be appealed to the city council manager [city manager], or his designee, in writing, within ten (10) days from the date of suspension or removal. The city manager, or his designee, shall have authority to reverse, affirm, vacate or modify the order of the chief of police; provided that, in the event of affirmation of the order, the suspension shall commence upon the date of action by the city manager.
(1972 Code, sec. 25-94; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.098; Ordinance 431, art. I, sec. 10, adopted 8/6/2013)
When a police officer investigating an accident determines that any vehicle which has been involved in an accident should be removed by a tow truck, the police officer shall first determine whether or not the owner has already made arrangements with an authorized tow truck service for the removal of his vehicle. If not, the police officer shall request the owner to either designate an authorized company or allow a tow truck to be called from the tow truck rotation list as follows:
(1) 
Request for tow truck.
If the owner or operator selects a tow truck company, the investigating officer shall notify the police dispatcher to call the tow truck company. If the requested tow truck company is unable to promptly respond, then a rotation tow truck will be called.
(2) 
Rotation tow truck.
If the owner does not designate a tow truck company to be called, the investigating officer shall notify the dispatcher to call the tow truck company next in line on the tow truck rotation list, and furnish its name to the investigating officer. A tow truck company called from the tow truck rotation list may hereafter be referred to as a “rotation pull.” In such event, the investigating officer shall notify the police dispatcher, who shall call the tow truck company next up from the tow truck rotation list and dispatch it to the scene. The vehicle or vehicles to be removed shall be taken to the place designated by the owner or by the investigating officer or to the tow truck company’s own place of storage if no designation is made or if it is being towed for no insurance. If the responding tow truck company is unable to check enroute within ten (10) minutes and arrive at the scene within twenty-five (25) minutes from the time dispatched, then the tow truck service next on the rotation list shall be called. The disregarding of a tow truck dispatched shall be at the discretion of the chief of police or his representative and shall be final. On each succeeding accident or call, the next tow truck company on the rotation list will be called to respond. To effect the tow truck rotation list procedure, the police department shall keep a master list of all tow truck companies which meet all the requirements of this article and have qualified to be on the tow truck rotation list.
(1972 Code, sec. 25-101; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.105; Ordinance 431, art. I, sec. 11, adopted 8/6/2013)
It shall be the responsibility of each tow truck company to provide a storage area for wrecked or disabled vehicles which are moved or towed as the result of a police or rotation pull. The storage area shall be inspected annually to determine whether it complies with the provisions of this section and maintains a current TDLR license. A tow truck company shall not qualify for the rotation list unless:
(1) 
A tow truck company has a storage area of adequate size that will accommodate vehicles in a safe manner.
(2) 
Each storage area shall be adequately lighted to illuminate the entire storage area as determined by the chief of police.
(3) 
Storage areas are located within the corporate limits of the city.
(4) 
Vehicles are stored and arranged so that they may be promptly and safely removed upon request as provided for herein.
(1972 Code, sec. 25-102; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.106; Ordinance 431, art. I, sec. 12, adopted 8/6/2013)
(a) 
Towing fees.
(1) 
Standard fees shall be set by the chief of police regarding routine small rotation pulls. Large rotation pulls shall not exceed the usual and customary charges for like services provided in the tow truck industry within the city.
(2) 
A tow truck operator may make a request for an “extraordinary tow” charge prior to assessing fees in excess of usual and customary charges for like services provided in the tow truck industry within the city. An “extraordinary tow” is the removal of a vehicle that, in the opinion of an on-scene LPD officer, involves procedures, methods, or equipment not typically utilized during an ordinary removal (e.g., hookup to a vehicle that is substantially above or below ground, the use of additional tow trucks, cranes, ramps, jacks, or torches, or removal of spilled cargo). A tow truck operator seeking such authorization must present to the LPD officer on-scene a “rotation tow truck fees” book noting the reasons the tow should be treated as an extraordinary removal. The “rotation tow truck fees” book shall be printed by the police department and made available to towing companies through the department’s traffic safety section.
(3) 
Fees for small rotation “extraordinary tow” shall be as set forth in the fee schedule.
(b) 
Storage charges.
Storage charges shall not exceed usual and customary charges for like services provided within the city commencing with the time the vehicle is placed inside the storage area. All storage charges shall cease at the time the owner or his representative requests the vehicle from the storage yard of the tow truck company, provided the request is made during regular business hours. No charge for storage shall be assessed if the vehicle is removed or requested from the tow truck company within two (2) hours of the time it is placed into storage.
(c) 
Posting of fees.
Each tow truck company listed on the rotation list shall post a schedule of maximum fees for each tow and storage.
(1972 Code, sec. 25-103; Ordinance 361 adopted 4/19/1988; Ordinance 372 adopted 4/1/1989; 1995 Code, sec. 119.107; Ordinance 431, art. I, sec. 13, adopted 8/6/2013; Ordinance adopting Code)
On a police pull for a vehicle that is in safe driving condition and for any reason has no owner or licensed operator present to drive the vehicle from the site, the tow truck company called from the rotation list shall observe and maintain the same maximum fees provided for in this article. In the event a police pull is made from a tow-away zone or traffic law violator, the vehicle shall not be released to the owner or any other person until authorization is granted by the police department.
(1972 Code, sec. 25-104; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.108; Ordinance 431, art. I, sec. 14, adopted 8/6/2013)
(a) 
Large or heavy vehicles.
If a large or heavy vehicle is wrecked or disabled and a tow truck of ordinary lifting capacity cannot move the vehicle, the police department shall call the next tow truck company on the rotation list that has a tow truck with extraordinary lifting capacity.
(b) 
Hazardous vehicle or cargo.
If, in the opinion of city fire or police officials, a wrecked or disabled vehicle or its cargo constitutes a hazard to the public, any tow truck company called shall act at the direction of said city official.
(1972 Code, sec. 25-105; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.109; Ordinance 431, art. I, sec. 15, adopted 8/6/2013)
Each tow truck company called to the site of an accident shall completely remove all broken glass and debris, excluding truck or vehicle cargoes, before leaving the site, to the discretion of the investigating officer.
(1972 Code, sec. 25-106; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.110; Ordinance 431, art. I, sec. 16, adopted 8/6/2013)
The foregoing provisions shall not be construed to prohibit the transportation by a nonresident tow truck company of a wrecked or disabled vehicle from some point in the city other than the site of an original accident to some point outside the city, nor shall it be construed to prohibit the transportation within the city by a nonresident tow truck company of a wrecked or disabled vehicle from a point outside the city limits to a destination inside or outside the city limits.
(1972 Code, sec. 25-107; Ordinance 361 adopted 4/19/1988; 1995 Code, sec. 119.111; Ordinance 431, art. I, sec. 17, adopted 8/6/2013)