The following terms and phrases as used in this article, unless
the context clearly shows otherwise, shall have the following meanings:
The person who applies for a certificate hereunder.
Any person holding a valid and current certificate under
this article, and having control, direction, maintenance and the benefit
of the collection of revenue derived from the operation of the wrecker
service within the city, whether as owner or otherwise.
A vehicle which has been rendered unsafe to be driven as
the result of some occurrence other than a wreck, including, but not
limited to, mechanical failures or breakdowns, fire, vandalism, or
a vehicle which is in a safe driving condition, but the owner is not
present or able or permitted to drive so as to reasonably necessitate
that the vehicle be removed by a wrecker.
Such officers and employees of the city as may be designated
by the city manager to enforce and administer the provisions of the
code of the city.
A vehicle parked in violation of any state law or city ordinance
or without the effective consent of the owner of the premises where
the vehicle is parked.
A vehicle that is self-propelled and:
Is:
Wrecked, dismantled or partially dismantled, or discarded; or
Inoperable and has remained inoperable for more than:
72 consecutive hours, if the vehicle is on public property;
or
30 consecutive days, if the vehicle is on private property.
|
“Junked vehicle” does not include the following:
(a) a vehicle or part thereof which is completely enclosed within
a building in a lawful manner where it is not visible from the street
or other public or private property; (b) a vehicle or part thereof
which is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or junkyard;
or (c) unlicensed, operable or inoperable antique and special interest
vehicles stored by a collector on his or her property, provided that
the vehicles and the outdoor storage areas are maintained in such
a manner that they do not constitute a health hazard and are screened
from ordinary public view by means of a fence, rapidly growing trees,
shrubbery, or other appropriate means.
|
Includes an individual, firm, corporation, association, partnership,
joint venture or society.
The towing or other transportation of a vehicle by a certificate
holder which is the result of a police officer taking constructive
custody of said vehicle pursuant to state law and this article. Police
pulls do not include tows resulting from courtesy calls made by the
police department to a wrecker service at the request of the vehicle’s
operator, regardless of whether said wrecker service is a certificate
holder under this article.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A motor vehicle, including a wrecker, equipped with a mechanical
device used to tow, winch, or otherwise move another motor vehicle.
Every 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.
A vehicle that has been damaged as the result of overturning
or colliding with another vehicle or object so as to reasonably necessitate
that the vehicle be removed by a wrecker.
A tow truck.
The business of towing, moving or removing vehicles through
the use of another vehicle for compensation, regardless of whether
the purpose of the removal is to transport wrecked or disabled vehicles;
repair, store, trade, purchase, repossess vehicles; or to remove illegally
or unauthorized parked vehicles.
(1990 Code, sec. 3.1001; Ordinance
adopting Code)
(a)
Any person who violates any provision herein shall be guilty of a misdemeanor and upon conviction may be punished by a fine as provided in section 1.01.009. Each act of violation and each day in which a violation is permitted to continue shall constitute a separate offense.
(b)
The
city shall be entitled to pursue all other criminal and civil remedies
to which it is entitled under any other law, and the remedies provided
herein are not exclusive.
(1990 Code, sec. 3.1038)
The prohibitions and requirements of this article shall apply
to all accidents and disablements regardless of whether or not the
final resting place of a vehicle is upon a street immediately after
the accident or disablement.
(1990 Code, sec. 3.1029)
Any wrecker service operator, whether a certificate holder under
this article or not, shall at all times comply with all rules pertaining
to minimum insurance requirements and minimum safety standards for
the operation of tow trucks adopted by the state department of transportation
pursuant to V.T.C.A., Transportation Code, section 643.101.
(1990 Code, sec. 3.1036; Ordinance
adopting Code)
Vehicles may be pushed or towed by another vehicle (except by a wrecker for compensation) only when they do not reasonably require removal by a wrecker and only when such may be done in a safe manner. Such removal is exempted from the provisions of this article except section 6.07.013.
(1990 Code, sec. 3.1030)
In the event that more than one (1) certificate to perform police
pulls within the city is to be awarded during the same period, the
chief of police shall develop and implement a policy and administrative
procedure for rotating dispatches between the certificate holders.
Such policy and procedure shall be reduced to writing and a copy thereof
given to each certificate holder and potential certificate holder
prior to the awarding of the latest certificate.
(1990 Code, sec. 3.1013)
(a)
Each
certificate holder shall create and maintain the following written
records for at least two (2) years following each police pull and
each pull resulting from courtesy calls made by the police department
at the request of a vehicle’s operator:
(b)
Any
failure by a certificate holder to maintain adequate records as required
by this section or to comply with the reporting or inspection procedures
of this article shall constitute grounds for the suspension or revocation
of the certificate for said certificate holder.
(1990 Code, sec. 3.1014)
A police officer of the city is hereby authorized to move a
vehicle, require the driver or other person in charge of a vehicle
to move the same or have the vehicle removed by a certificate holder
under this article to the nearest place of safety, or to the premises
of said certificate holder, under the following circumstances:
(1)
When
any vehicle is left unattended upon any bridge, viaduct, or causeway,
or in any tunnel where such vehicle constitutes an obstruction to
traffic;
(2)
When
any vehicle is otherwise legally parked so as to block the entrance
to any private driveway;
(3)
When
any vehicle is found upon a street and a report has been previously
made that the vehicle has been stolen or a complaint has been filed
and a warrant thereon issued charging that such vehicle has been embezzled
or there are reasonable grounds to believe the vehicle is stolen;
(4)
When
any such officer has reasonable grounds to believe that any vehicle
has been abandoned;
(5)
(A)
When a vehicle upon a street is so wrecked or disabled that its normal
operation is impossible or impractical; or
(B)
The person or persons in charge of the vehicle are incapacitated
by reason of physical injury or other reason to such extent to be
unable to provide for its removal or custody, or are not in the immediate
vicinity of the wrecked or disabled vehicle;
(6)
When
any such officer arrests any person driving or in control of a vehicle
for an alleged offense and such officer is by this article or other
law required to take the person arrested immediately before a magistrate
and it is unsafe to leave the vehicle unattended at the scene;
(7)
Whenever
any such officer finds a vehicle standing upon a street in violation
of any state law or local ordinance;
(8)
When
the owner or operator consents;
(9)
When,
in the opinion of a police officer, the said vehicle constitutes a
hazard or interferes with a normal function of a governmental agency;
(10)
When, in the opinion of a police officer, the safety of said vehicle
is imperiled by reason of any catastrophe, emergency or unusual circumstance;
(11)
When any vehicle is found to be a junked vehicle in accordance with article 24.10, division 2, and Texas Transportation Code, chapter 683; or
(12)
Where otherwise authorized by law.
(1990 Code, sec. 3.1015)
The chief of police shall cause to be prepared a form to be
used for each police pull in the city made by a certificate holder
that was dispatched by the police department. Said form shall contain
at least the following information:
(1)
The
names and addresses of the owner and operator of the vehicle to be
towed;
(2)
The
name of the wrecker service (certificate holder) performing the tow;
(3)
The
description of the vehicle to be towed;
(4)
The
time, date and reason for the tow;
(5)
The
location and destination of the vehicle to be towed;
(6)
An
authorization by the towed vehicle’s operator for someone to
claim the vehicle;
(7)
Information
relating to any police hold placed on the release of the vehicle to
be towed, including notification of a release of said hold; and
(8)
An
indication of who authorized the release and who took possession of
the vehicle after its release.
(1990 Code, sec. 3.1016)
When a police officer investigating an accident or disablement
in the city determines that any vehicle involved should be removed
by a wrecker, the officer shall first determine whether or not the
owner or his or her authorized representative has already made arrangements
for its removal. If no arrangements have been made, the officer shall
cause the following steps to be taken in sequence to complete the
wrecker pull form:
(1)
The
officer shall request that the owner, driver or other vehicle occupant
designate the place to which he or she desires the vehicle to be removed.
(2)
The
officer shall request that the driver or other vehicle occupant indicate
whether he or she has a particular wrecker operator he or she wishes
to be called to the scene to remove said vehicle.
(3)
The
officer shall then immediately notify police headquarters of the information
contained in (1) and (2) above and the officer in charge at headquarters
shall immediately notify the wrecker operator selected and shall give
him or her the information in (1) above and direct that he or she
immediately proceed to the scene of the accident, disablement or arrest.
(4)
If,
for any reason, no wrecker operator is selected, the officer shall
notify police headquarters and the officer in charge at headquarters
shall direct a certificate holder to go to the scene and remove the
vehicle.
(5)
Upon
the wrecker operator’s arrival at the scene, the officer shall
complete the wrecker pull form and distribute the copies in accordance
with police department policy.
(6)
In
the event that a wrecker does not arrive at the scene of an accident,
disablement or arrest within a reasonable time after being notified,
the police officer at the scene may notify police headquarters that
a certificate holder be notified to respond.
(1990 Code, sec. 3.1017)
(a)
When
a vehicle is towed pursuant to a police pull, the owner of said vehicle
shall be afforded the right to a hearing as provided in Texas Transportation
Code, chapter 685.
(b)
It
shall be the duty of the clerk of the court to furnish to the chief
of police an account of the final disposition of any case heard under
the hearing procedures set forth in this section upon disposition
thereof.
(c)
Unless
a police hold is placed on a vehicle towed pursuant to a police pull,
it shall be the responsibility of the certificate holder to determine
whether the vehicle should be released, when it should be released,
and to whom it should be released.
(1990 Code, sec. 3.1018; Ordinance
adopting Code)
No wrecker shall arrive at the scene of an accident within the
city unless such wrecker has been called to the scene by the owner
or operator of a vehicle or his or her authorized representative or
by the police department. Each wrecker operator, when called by the
owner or operator of a vehicle involved in an accident or his or her
authorized representative, shall notify the police dispatcher before
proceeding to the location of the vehicle.
(1990 Code, sec. 3.1026)
(a)
No
person shall solicit any wrecker business in any manner, directly
or indirectly, within the city at the scene of a wrecked or disabled
vehicle, regardless of whether the solicitation is for the purpose
of soliciting the business of towing, repairing, wrecking, storing,
trading or purchasing the vehicle.
(b)
The
presence of any person engaged in the wrecker business who has not
been notified by the police department at the scene of an accident
or place of disablement shall be prima facie evidence of a solicitation
and violation of this article.
(1990 Code, sec. 3.1027)
No employee of the city shall recommend to any person, directly
or indirectly, either by word, gesture, sign or otherwise, the name
of any particular wrecker service.
(1990 Code, sec. 3.1028)
Upon determination by the city council, in accordance with article 24.10, division 2, and Texas Transportation Code, chapter 683, that a motor vehicle constitutes a junked vehicle, an inspector for the code enforcement department of said city shall hereby be authorized to move said vehicle, require the person in charge of said vehicle to move the same, or have said vehicle removed by a wrecker in accordance with applicable law.
(1990 Code, sec. 3.1031; Ordinance
adopting Code)
Each certificate holder under this article must maintain a fee
schedule for police pull services that is the same for its nonpolice
pulls requiring the same services.
(1990 Code, sec. 3.1032)
All operators of wreckers, whether certificate holders under
this article or not, shall, while engaged in wrecker services within
the city, carry a log reflecting the address of pickup and delivery
of the vehicle being towed and the name and telephone number of the
party ordering the tow.
(1990 Code, sec. 3.1033)
Any wrecker service operator, whether a certificate holder under
this article or not, shall cease the removal of a vehicle upon request
of the vehicle’s operator and upon payment of the charges incurred
to that point, except in the case of police pulls and cases in which
the police officer in charge determines that public safety requires
the removal of the vehicle.
(1990 Code, sec. 3.1034)
Whenever any vehicle is removed pursuant to Texas Transportation
Code, chapter 684, without the consent of the owner or operator, notice
of same shall be left with the person directing the removal and with
the dispatch desk of the police department.
(1990 Code, sec. 3.1035)
The police department will arrange for and conduct auctions
for abandoned vehicles at least once every twelve (12) months, or
more frequently if the chief of police deems it necessary for the
orderly processing of such vehicles.
(1990 Code, sec. 3.1037)
No wrecker service shall be utilized for police pulls within
the city without first having obtained a certificate pursuant to this
division.
(1990 Code, sec. 3.1002)
(a)
Application
for a certificate to perform police pulls within the city shall be
in writing, signed and sworn to by the applicant, and shall be filed
with the chief of police. The application shall be on a form provided
by the chief of police and shall contain at least the following:
(1)
The name, date of birth, and address of the applicant; if a partnership,
the name, date of birth, and address of each partner; if a corporation,
its name, date and place of incorporation, the address of its principal
place of business, the names and addresses of all officers and directors,
and a certified copy of its permit to do business in this state.
(2)
The trade name under which the applicant does or proposes to do business.
(3)
The address of each place of business from which the applicant proposes
to operate.
(4)
As to each wrecker vehicle operated by the applicant, the model,
size, year, make, vehicle identification number, state license registration
number, and state tow truck certificate of registration information.
(5)
As to each wrecker vehicle operated by the applicant, a statement
that the vehicle is currently and will remain licensed, inspected
and registered as a tow truck with the state.
(6)
A statement that the applicant has rendered all of the property used
by his or her wrecker business for taxation.
(7)
A statement that all of the applicant’s wrecker vehicles are
and will remain in compliance with state tow truck requirements, as
specified in V.T.C.A., Transportation Code, chapter 643, and the rules
adopted pursuant thereto by the state department of transportation.
(8)
A statement that the applicant has and will maintain in operation
and available for police pulls at all times at least one (1) one-ton
or larger truck that is equipped with at least a four-ton factory-rated
wrecker equipped with a hydraulic wheel lift and hydraulic boom.
(9)
A statement that the applicant shall tow to a vehicle storage facility
operated by a person who holds a license under V.T.C.A., Occupations
Code, chapter 2303.
(10)
A statement that the applicant has and will tow to a vehicle storage
facility that maintains sufficient personnel to operate the minimum
equipment, dispatch the equipment, secure property stored in the storage
lot, and release impounded vehicles on a twenty-four-hour basis every
day of the year, and that he or she will operate on the basis to perform
police pulls while holding a certificate to do so.
(11)
A statement that the applicant has and will tow to a vehicle storage
facility that maintains, for police department crime scene purposes,
an enclosed area at least fifteen feet (15') by twenty-five feet (25')
equipped with lights and electrical outlets and located in a secure
area within the applicant’s locked facilities.
(12)
Certification showing that the applicant has no delinquent taxes
due to the city at the time of the application.
(1990 Code, app. A, sec. 14.00; 1990 Code, sec. 3.1004; Ordinance adopting Code)
(a)
In
the event the applicant meets the required qualifications to give
proper and adequate service to the best interest of the inhabitants
of the city, the chief of police shall grant a certificate to such
applicant, subject to certain terms and conditions. Such terms may
cover any of the following considerations and such other provisions
appropriate to the service to be rendered under the certificate:
(1990 Code, sec. 3.1005)
The chief of police shall issue a certificate upon obtaining
the signature of the applicant on the original certificate. The original
certificate shall be filed with the city secretary and a copy shall
be retained by the chief of police and delivered to the certificate
holder.
(1990 Code, sec. 3.1006)
Every certificate issued hereunder shall be signed by the chief
of police and shall contain the name and address of the applicant,
and the terms and limiting conditions of the certificate. There shall
also be provided in the certificate a space for the applicant to sign,
agreeing to the terms thereof.
(1990 Code, sec. 3.1007)
The holder of a certificate to perform police pulls within the
city will be reimbursed at full fair market value for any towing and
storage services rendered by said holder relating to (1) city vehicles
and equipment, and (2) police pulls not chargeable to the owner of
the vehicle, as determined by the chief of police or the appropriate
court. However, the city shall not be obligated to use said certificate
holder for services relating to city vehicles and equipment and may
engage the services of another wrecker company in such cases.
(1990 Code, sec. 3.1003)
No certificate shall be transferable without the consent of
the chief of police. A purported transfer without such consent shall
cause an immediate suspension of such certificate. The term “transfer”
shall include a transfer of a majority interest in the company to
which a person or persons occupying positions classified in the application
for certificate as owner or applicant, or as a partner in a partnership
applicant, or as a stockholder holding fifty-one percent (51%) of
the shares of stock in a corporate applicant.
(1990 Code, sec. 3.1008)
(a)
A
certificate issued pursuant to this division shall be in effect for
five (5) years from the date such certificate was issued by the chief
of police, unless during the five-year period:
(b)
Any
certificate holder who wishes to discontinue performing police pulls
for the city shall give at least ninety (90) days’ written notice
to the chief of police prior to ceasing such operations.
(1990 Code, sec. 3.1010)
(a)
Renewal applications containing the information required in section 6.07.052 shall be submitted and may be obtained from the chief of police. Said renewal applications shall be completed and filed with the chief of police at least thirty (30) days in advance of the expiration date of the current certificate.
(b)
The
chief of police may renew a certificate, provided that the applicant
is qualified for issuance of a certificate.
(c)
If
a certificate expires through no fault of the renewal applicant before
approval or denial of the renewal, the renewal applicant may continue
to operate the service pending action of the chief of police; however,
upon notice of denial, the renewal applicant shall immediately cease
operation of the service.
(d)
Should the chief of police fail or refuse to renew a certificate, he or she shall immediately notify the certificate holder by certified mail or personal delivery of written notice. Said certificate holder shall have the right to appeal the decision of the chief of police as provided in section 6.07.064.
(1990 Code, sec. 3.1011)
Any provision or condition of a certificate can be amended by the chief of police except to increase the term of the certificate. When an amendment is approved, the chief of police is authorized to sign and file such amendment with the city secretary. If the chief of police receives a notice of appeal, the same hearing procedure as set forth in section 6.07.064 shall be followed. If approved, a copy of the amendment will be attached to the certificate on file with the city secretary.
(1990 Code, sec. 3.1012)
Any certificate to perform police pulls within the city may
either be suspended for up to six (6) months or permanently revoked
by the chief of police.
(1990 Code, sec. 3.1019)
The chief of police shall suspend or revoke a certificate to
perform police pulls within the city if it is determined from a sworn
statement filed with the chief of police based on information and
belief that the holder has:
(1)
Breached
the terms of the certificate;
(2)
Failed
to comply with any provision of this article;
(3)
Failed
to comply with the tow truck requirements of V.T.C.A., Transportation
Code, chapter 643, and all rules adopted pursuant thereto by the state
department of transportation;
(4)
Failed
to respond in a timely fashion to a dispatch for a police pull;
(6)
Failed
to comply with the applicable requirements of Texas Transportation
Code, chapter 683, relating to abandoned motor vehicles;
(7)
Failed
to comply, within the time specified, with written notice by the chief
of police indicating a deficiency in the wrecker service provided
on police pulls.
(1990 Code, sec. 3.1020; Ordinance
adopting Code)
(a)
The
chief of police may suspend or revoke an existing certificate to perform
police pulls within the city if he or she becomes aware of the conviction
of the certificate holder or a person employed by the certificate
holder for a felony or misdemeanor if the crime directly relates to
the duties and responsibilities of a certificate holder.
(b)
In
determining whether the criminal act directly relates to the duties
and responsibilities of a certificate holder, the chief of police
shall consider:
(1)
The nature and seriousness of the crime;
(2)
The relationship of the crime to the purpose of requiring a certificate
and necessity; for example, the following crimes are deemed to have
such a relationship because they involve potential danger of harm
to property and/or the drivers and passengers of towed vehicles and
because the opportunity to commit such offenses is enhanced by the
nature of the certificate holder’s occupation:
(3)
The extent to which the certificate might offer an opportunity to
engage in further criminal activity of the same type as that in which
the person previously had been involved;
(4)
The relationship of the crime to the ability, capacity or fitness
required to perform the duties and discharge the responsibility of
a certificate holder;
(5)
The extent and nature of the person’s past criminal activity;
(6)
The age of the person at the time of the commission of the crime;
(7)
The amount of time that has elapsed since the person’s last
criminal activity;
(8)
The conduct and work activity of the person prior to and following
the criminal activity;
(9)
Evidence of the person’s rehabilitation or rehabilitative effort;
and
(10)
Other evidence of the person’s present fitness submitted by
the certificate holder, including letters of recommendation from prosecution,
law enforcement and correctional officer, etc.
(c)
It
shall be the responsibility of the certificate holder to the extent
possible to secure and provide to the chief of police the recommendations
of the prosecution, law enforcement and correctional authorities as
required under this section. Any proof of a record of steady employment
and support of dependents or of good conduct and payment of all outstanding
court costs, supervision fees, fines and restitution that may have
been ordered in the criminal case shall be provided by the certificate
holder in the form required by the chief of police.
(1990 Code, sec. 3.1021)
(a)
Every
suspension or revocation order shall be in writing, dated, and shall
state the reason for such suspension or revocation. In cases of suspension,
the notice shall specify the term of the suspension. Such notice shall
be sent to the certificate holder immediately by certified mail or
shall be immediately delivered personally to the certificate holder.
(b)
A
certificate holder whose certificate has been suspended or revoked
may, within ten (10) days after the date of notice, submit to the
chief of police a written request for a hearing to show cause as to
why the certificate should not be suspended or revoked. Such written
request may also contain a request for reinstatement of the certificate
pending the hearing. An order of suspension or revocation shall be
effective as of the date of the written notice unless a reinstatement
pending hearing is granted by the chief of police.
(c)
A
request for hearing and reinstatement shall stay the suspension or
revocation unless the chief of police issues a written denial of reinstatement
stating why, in his or her opinion, a reinstatement would cause imminent
peril to life or property. In such case, proceedings shall not be
stayed except by a restraining order issued in accordance with applicable
law and upon due cause shown.
(d)
Following
the show cause hearing requested by a certificate holder, the chief
of police may order the certificate to be suspended or revoked, or
may cancel the suspension or revocation. The decision shall be in
writing, dated and sent to the certificate holder by certified mail
or in person within fourteen (14) days of the hearing.
(e)
A
decision by the chief of police to suspend or revoke a certificate
may be appealed to the city manager or his or her designee (appeal
officer) by written request to such appeal officer within five (5)
days of the date of a decision of the chief of police rendered in
accordance with this section.
(f)
The
appeal officer shall set a date for hearing not later than five (5)
days following receipt of the notice of appeal, and the chief of police
shall then immediately transmit to the appeal officer all papers,
audio and video tapes, and any other items constituting the record
of the action from which the appeal is taken. After such hearing,
the appeal officer shall sustain or reverse the suspension or revocation.
(g)
An
appeal to the appeal officer shall stay the suspension or revocation
unless the chief of police issues a written denial of reinstatement
stating why, in his or her opinion, a reinstatement would cause imminent
peril to life or property. In such case, proceedings shall not be
stayed except by a restraining order issued in accordance with applicable
law and upon due cause shown.
(h)
If
no appeal is taken within the times and by the methods hereby provided,
then an order of suspension or revocation by the chief of police shall
be final and shall exhaust administrative remedies. Further appeal
may be made to a district court of the county for review of the evidence
presented and the decision of the appeal officer. Judicial review
must be initiated by the filing of a petition with the district court
within thirty (30) days after the chief of police’s decision
is final and appealable.
(1990 Code, sec. 3.1022)
A suspension shall not affect the expiration date of the certificate
or permit which is suspended.
(1990 Code, sec. 3.1023)
Upon revocation of a certificate to perform police pulls within
the city, the certificate holder shall be ineligible for a new certificate
for a period of one (1) year.
(1990 Code, sec. 3.1024)
After suspension of a certificate, a certificate holder may
file with the chief of police a written request for reinstatement
prior to the term specified in the notice sent by the chief of police.
The chief of police shall inspect the operation of the suspended certificate
holder to determine if the deficiency causing the suspension has been
corrected by said certificate holder. After inspection, the chief
of police may reinstate the certificate or deny reinstatement based
upon facts ascertained in the inspection. Written notice of the decision
shall be sent to the certificate holder by certified mail or personal
delivery within ten (10) days of the inspection.
(1990 Code, sec. 3.1025)
