The following definitions shall apply to this article:
City Manager.
The city manager of the City of Brownfield, Texas, or the person designated by the manager to act for the manager for the purposes of this article.
Nonconsent Tows.
Any tow conducted without permission of, or not at the direction of the vehicle's legal or registered owner or such owner's authorized representatives within the boundaries of the city.
Owner.
Any person who holds the legal title to a vehicle, or has the legal right of possession of a vehicle, or legal right of control of a vehicle, or any driver who reasonably appears to have authority to operate the vehicle. This does not include any person who has gained possession of a motor vehicle only as a result of tow truck services performed.
Permit.
Authorization granted by city manager for a tow truck to be used for nonconsent tows, on the city rotation list, or for consent tows from the scene of an accident or a custodial arrest.
Permit Holder.
Owner of a city permitted tow truck.
Rotation List.
Lists prepared in accordance with the provisions of this article, of tow trucks qualified to appear thereon to be used to remove any vehicle, including wrecked or disabled vehicles, from a public street or private property by the police department.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-76)
Notwithstanding any other provisions of this article, in any circumstance in which a vehicle or other subject is so located on a public street as to constitute a hazard or obstacle, or to interfere with traffic, or in the event a stolen vehicle is found, or in any other circumstances in which a police officer in the cause of his duty directs the removal of a vehicle from or to any location, any police officer may require its removal at the owner's expense by any practicable means to include but not be limited to use of a tow truck selected by the use of the rotation list.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-77)
(a) 
A city tow truck permit shall entitle the permit holder to use the permitted tow truck to:
(1) 
Perform nonconsent tows within the city consistent with state law;
(2) 
Perform consent tows from the scene of an accident or a custodial arrest;
(3) 
Perform tows at the direction of the city from the rotation lists.
(b) 
Each tow truck shall obtain a permit from the city manager. There shall be an administrative fee as set forth in the fee schedule in the appendix of this code for the issuance of each permit to each tow truck company.
(c) 
An applicant for a permit shall submit, on a form provided by the city, a verified application containing or accompanied by the following:
(1) 
The true name, address and telephone number of the person that owns the tow truck proposed to be used for police department hauls;
(2) 
The location of the tow truck applicant's business;
(3) 
The names of the persons who will operate the tow truck on rotation list calls;
(4) 
A certification that the owner and the tow truck is in compliance with all Texas Railroad Commission rules and regulations as evidenced by possession of a valid Railroad Commission Cab Card;
(5) 
A certificate of public liability and property damage insurance issued by a casualty company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance, containing a provision that at least ten (10) days prior notice of cancellation of said insurance shall be given to the city manager by the insurance company, and providing that the amount of coverage shall comply with the limits established by state regulations;
(6) 
Copies of all permits required by any agency of the State of Texas.
(d) 
No permit shall be issued to any applicant unless the applicant's vehicle depository is wholly or partially located within the incorporated limits of the city or its extraterritorial jurisdiction.
(e) 
The permit, when granted shall be kept in the tow truck permitted.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-78)
All city permitted tow trucks shall in addition to the state's tow truck standards, meet the following minimum requirements:
(1) 
Have at least three-fourths (3/4) ton (minimum gross vehicle weight) in capacity as reflected on the manufacturer's certificate. If the vehicle does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the city manager. All such vehicles shall be equipped with booster brakes or air brakes.
(2) 
Shall be in such condition that it can safely and reliably be used as a tow truck.
(3) 
Each permit holder shall own and have access to one dolly; provided however, that any permit holder with more than one permit shall have one dolly for every two (2) tow trucks on the rotation list.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-79)
(a) 
The city manager shall issue a permit for all tow trucks so complying with the provisions of this article upon proper application being made therefor unless legal grounds exist for denying such a permit.
(b) 
Each permit shall expire at midnight on the first January 31 after issuance and will be renewable only upon compliance with the provisions of this article and any other applicable laws, ordinances or regulations that shall be in effect at the time of the renewal application.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-80)
Any permit holder or applicant by virtue of making application, therefor agrees to permit during normal business hours the inspection of tow trucks, tow truck equipment and storage facilities. This authority shall be cumulative of any other authority held by the chief of police, other law enforcement officials or other legally authorized public officials. Each permit holder on the rotation list shall enter into an agreement as authorized from time to time by city council.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-81)
(a) 
The city manager shall establish and maintain the rotation lists.
(b) 
The lists shall contain the names of all permit holders qualified and requesting to be on such lists.
(c) 
A permit holder is qualified to be on such list if the permit holder maintains:
(1) 
At least one permitted tow truck required to be on such lists; and
(2) 
A twenty-four hour tow truck service and has not more than two (2) telephone numbers.
(d) 
When the police officer investigating a collision determines that a vehicle involved in a collision is unable to safely proceed under its own power, or when the police officer determines that the owner involved in a collision is physically unable to safely move the vehicle to a location where it will not create a traffic hazard, such officer shall request the owner to designate the tow truck service that the owner desires to move the vehicle.
(1) 
Such designation by the owner will be indicated in writing on a form provided by the city and signed by the owner.
(2) 
When the designation has been properly made, the police officer shall communicate the name of the designated tow truck service to the police communications center.
(3) 
The police communications center shall cause the designated tow truck service to be called and directed to send to the scene of the collision a permitted tow truck.
(4) 
If the designated tow truck service is not a permit holder and does not have available a permitted tow truck on the rotation list, or the tow truck service does not answer the phone, the owner will be requested to make other designation.
(e) 
If the owner of a vehicle involved in a collision is physically unable to designate the tow truck service desired to remove the vehicle, or the owner fails or refuses to designate one or has no preference, then the police officer shall communicate that fact immediately to the police communications center:
(1) 
Such designation by the owner will be indicated in writing on a form provided by the city and signed by the owner if the owner is physically able. If not, the police officer shall indicate by notation on the form.
(2) 
The police communications center shall call the tow truck next in line after the last permitted tow truck so called and request the permit holder to tow the vehicle from the scene of the collision. If the permit holder does not answer the phone or cannot provide a tow truck permitted to him, the next permit holder on the list shall be called. The permit holder may use any tow truck permitted under the permit holder's name to make the call.
(3) 
No person shall tow, carry or transport a motor vehicle under the direction or authority of a police officer unless a tow slip has been issued to the driver of the tow truck by the police officer. Such tow truck slip shall be filled out by the police officer on a form designated by the city. The tow truck slip shall contain the following information:
(A) 
A complete description of the vehicle to be towed, including the license plate number and the vehicle identification number;
(B) 
Any visible damage to the inside or outside of the vehicle;
(C) 
Any personal property contained within the vehicle which is visible from outside that vehicle;
(D) 
Any visible missing parts or paraphernalia;
(E) 
The location from which the vehicle is being towed;
(F) 
The date and time the vehicle is picked up by the tow truck;
(G) 
The reason the vehicle is being towed;
(H) 
The location to which the vehicle is to be towed;
(I) 
The towing and storage fee and fee schedule;
(J) 
The permit number of the tow truck being used for the tow;
(K) 
The signature and employee number of the police officer authorizing the tow;
(L) 
The signature and tow truck license number of the tow truck driver.
(f) 
If the permit holder after the arrival at the scene determines in conjunction with the police officer in charge that assistance is needed, then the permit holder shall arrange for such assistance within a reasonable time.
(g) 
Any permit holder selected shall deliver a tow truck to the scene within twenty (20) minutes of notification.
(h) 
The fees as set forth in the fee schedule in the appendix of this code may be charged by permit holders under this article for the use of the tow truck designated and no additional charges may be made.
(i) 
The fee when the vehicle is lawfully hooked up but not towed from the scene is one-half (1/2) the regular towing fee.
(j) 
No fee shall be charged for towing any vehicle under direction or authority of a city peace officer unless the tow truck driver obtained a completed tow slip.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-82)
It shall be unlawful for a police officer investigating or present at the scene of any wreck or collision to directly or indirectly recommend to any person the name of any tow truck service; nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a tow truck.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-83)
(a) 
A person commits an offense if he intentionally or knowingly solicits a tow in any manner, directly or indirectly, on the streets of the city involving any vehicle that is wrecked on a public street. This prohibition applies regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, selling or purchasing such vehicle.
(b) 
In any prosecution for a violation of this article, proof that the tow truck was present at the scene of an accident shall constitute prima facie evidence that such permit holder or the tow truck driver was operating or causing to be operated the tow truck to solicit business, but the person charged shall have the right to introduce evidence to prove that the vehicle owner requested a tow truck to come to the scene or that a police officer requested the tow truck for the vehicle owner.
(c) 
It shall be an affirmative defense that the vehicle was not disabled as a result of a collision.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-84)
(a) 
If an owner refuses to designate a permitted tow truck, the city shall utilize the rotation list for pound calls or hauls resulting from vehicles being towed by the police article.
(b) 
Any police officer may for lawful purpose direct that any vehicles shall be taken to automobile impoundment facilities owned or used by the city. Such facilities, whether at one or more locations, are hereinafter referred to as the city pound.
(c) 
Whenever it becomes necessary under this article for the permit holder to disassemble parts to a vehicle in order to tow such vehicle, the permit holder shall reassemble such parts upon reaching the city pound.
(d) 
No permit holder under this article shall have the owner of an impounded vehicle sign a release from liability or damage until the owner has inspected the vehicle. Any such release shall contain a notation for which the permit holder is alleged to be liable by the owner of the vehicle. If there is any such enumeration of alleged damages, then the release shall be a full release except as to the specifically enumerated damages. The release shall be signed by the owner of the vehicle and a representative of the permit holder.
(e) 
No permit holder shall assert a lien on personal effects within a vehicle. Personal effects shall include such items as clothing, toilet articles, animals and purses, but shall not include tools.
(f) 
Each permit holder and tow truck business shall clearly post and make available procedures to release automobiles between 8:00 a.m. and 9:00 a.m. each day of the week, in addition to the permit holder's regular business hours.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-85)
The duty to provide safe and prompt tow truck service upon call includes but is not limited to, the following specific duties:
(1) 
Upon arrival at the scene of a collision within the incorporated limits of the city, permit holder personnel shall take directions from the police officer investigating that collision.
(2) 
Permit holder personnel who haul any vehicle from the scene of a collision within the incorporated limits of the city shall remove the debris of the collision from the public streets. This duty specifically includes removal of broken glass and metal fragments from the street and the removal of any load of any vehicle from the traveled portion of the street, so as to eliminate any hazard to vehicular traffic. This does not include the responsibility to unload cargo from a wrecked vehicle in order to permit hauling. Such debris should be disposed of in a manner which will keep it out of gutters, storm sewers and streams, public rights-of-way and property not belonging to the tow truck business without consent of the property owner. The officer on the scene of the accident may provide assistance in locating a place for disposal of such debris.
(3) 
No permit holder shall store any vehicle or tow trucks on the public streets or right-of-way. Permit holders will use reasonable care in the storage of property not belonging to said permit holders so as to minimize the risk of theft or damage. If any damaged or inoperable vehicle is found upon the public right-of-way within a reasonable distance of an automobile repair shop and police records show that such vehicle was taken to that place within thirty (30) days as a result of a collision, this shall be prima facie proof that the vehicle is illegally stored.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-86)
(a) 
A person commits an offense if the person removes a vehicle from private property without express written or verbal consent of the owner of the vehicle and does not notify the city police article within one hour of such removal. The information to be provided in such notification shall include:
(1) 
The date, time and location of the removal;
(2) 
The physical description and license or registration number of the vehicle;
(3) 
The name of the permit holder which performs the removal; and
(4) 
The storage location of the vehicle.
(b) 
Nothing in this article shall be construed to authorize a nonconsent tow except where permitted by state law.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-87)
(a) 
A person commits an offense if the person owns or operates a tow truck which performs a nonconsent tow within the city without a city permit.
(b) 
A person commits an offense if the person owns or operates a tow truck which performs a tow at the scene of an accident or a custodial arrest on a public street or right-of-way without a city permit.
(c) 
It shall be an affirmative defense to prosecution under any provision of this article that the tow truck is owned by the vehicle owner of the vehicle being towed, carried or otherwise transported by the tow truck.
(d) 
It shall also be an affirmative defense to prosecution under any provision of this article that regulates tow trucks that the vehicle being towed, carried or otherwise transported by the tow truck was originally picked up or loaded onto the tow truck at a specific location outside the city.
(e) 
Additionally, it shall be an affirmative defense to prosecution under this article that the motor vehicle was being towed by the tow truck pursuant to a request by the lienholder of the motor vehicle, and that the tow truck was incidental to a lawful repossession of the vehicle, and that the tow truck driver has complied with all requirements of this article which would be applicable if the lienholder were the vehicle owner of the vehicle being towed.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-88)
The city manager shall have, as to the holder or applicant of any permit or permits, the duty and authority to enforce the provisions of this article by administrative action in accordance with the principles and procedures set forth hereinafter:
(1) 
The properly and safe functioning of the tow truck business has critical impact on the health, safety and welfare of the public, involving use of the public streets of the city, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on said streets; therefore, the privilege of any person to engage in the tow truck business in the city shall be subject to strict regulations in order to protect the public.
(2) 
For purposes of invoking any administrative remedy against a permit holder, the act or omission of any agent or employee of said permit holder shall be considered to be the acts or omission of said permit holder.
(3) 
Administrative remedies that the manager may employ to enforce the provisions of this article include but are not limited to:
(A) 
Suspension or revocation of any or all permits; this power includes the authority to remove or cause to be removed any sticker or other evidence of a permit from tow truck or tow trucks;
(B) 
Removal of a permit holder from the rotation list.
(4) 
Grounds for suspension of any or all permits include driving a tow truck to the scene of a collision in response to a call by any person for a tow truck, or towing a vehicle with a tow truck when the tow truck, the tow truck driver, or the permit holder does not meet all the following conditions as applicable:
(A) 
Is in a condition that it cannot safely tow a vehicle;
(B) 
Is not then covered by insurance as required in this article;
(C) 
Does not then meet all requirements for a permit;
(D) 
Failure to meet at all times all of the requirements for a permit promulgated by the city or the State of Texas or of any agency of the State of Texas;
(E) 
Failure to maintain at all times at least one tow truck in such condition that it meets the requirements for a permit and for eligibility to be on the rotation list;
(F) 
Driving or causing to be driven to the scene of a collision in response to a call from the police department any tow truck which does not then meet the requirements of the rotation list;
(G) 
Driving any tow truck to or from the scene of a collision in a manner which endangers any person;
(H) 
Failure to arrive in response to a police call within reasonable time;
(I) 
Violation of motor vehicle or traffic laws while in scope of employment;
(J) 
Failure to report seized or abandoned vehicles;
(K) 
False statements of material fact;
(L) 
Relocation of vehicle depository or storage facility to a location that is further outside the city limits;
(M) 
Repeated suspensions;
(N) 
Collecting or charging any fee in excess of those set out in this article;
(O) 
Violation of laws regarding removal or impounding of vehicles;
(P) 
Violation of ordinances regulating tow trucks; or
(Q) 
Three (3) or more violations within one year of ordinances or rules by permittee or agents or employees.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-89)
(a) 
The city manager may suspend any or all permits. The reason for suspension or revocation of any permits shall be given in writing to the permit holder whose permits are being suspended within ten (10) days of such suspension. Mailing of such notice to the last known business address of said permit holders shall constitute sufficient notice. Appeals from a suspension shall be made in writing to the city council within twenty (20) days of such suspension. Written notice of the ruling of the city council shall be given to the permit holder within thirty (30) days of the suspension.
(b) 
Suspension of any tow truck permits may be accomplished by the city manager after a hearing. Notice of hearing, the administrative action which may be taken, and the grounds therefor shall be given to the permit holder ten (10) days prior to the hearing. Mailing of said notice shall constitute sufficient notice. Suspension of a permit shall be accomplished by a notice in writing to the permit holder which states that the suspension has occurred. Such notice shall be given within ten (10) days of such suspension.
(c) 
If after any permits have been suspended, the condition for which they were suspended has been corrected and proof of such correction is made to the city manager, then a new permit may be issued upon proper application, fee payment and proof of meeting all requirements thereof.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-90)
(a) 
Any person aggrieved by a decision of the city manager may appeal to the city council. Notice of appeal shall be in writing and filed within ten (10) days of the decision of the city manager. Such appeals shall be determined by the city council after a hearing of which person has had reasonable notice.
(b) 
The city council shall render a written decision within thirty (30) days of an appeal.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-91)
(a) 
If the police department has a vehicle towed without prior notice to or consent of the owner, the police department shall notify the owner within twenty-four (24) hours by telephone call or by postcard or form letter mailed by first class mail to the last known registered owner of the motor vehicle that this vehicle has been towed and how he can reclaim it.
(b) 
If the owner contests the legality of the tow and desires possession of his vehicle with posting of any security, a hearing shall be set before the municipal court on its next full working day following the written request for hearing.
(c) 
If the owner contests the legality of the tow, the owner shall be entitled to immediate possession of his vehicle upon written request for hearing and the deposit with the municipal court of a sum sufficient to secure payment of towing and storage fees. A hearing shall then be set before the municipal court within fourteen (14) days to determine the legality of the tow.
(d) 
Notice of this procedure shall be provided to any person contesting the legality of a city tow. All written requests for hearing shall be on a form provided by the municipal court.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-92)
(a) 
Each city permittee of a tow truck shall keep tow slips issued by city for one year from the date of the latest transaction.
(b) 
It shall be unlawful for any holder of a city tow truck permit to fail to keep the records as herein provided or to fail to produce any of these records for inspection and copying upon request of the city manager, or his authorized agent or representative. The failure to keep the records as herein provided or failure to produce such required records after request shall be punishable by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day for which proper records have not been kept shall be a separate offense.
(1965 Code of Ordinances, Chapter 22, Article III, Section 22-93)