For the purposes of this article, the following words and phrases
shall have the meaning respectively ascribed to them:
A situation where one or more motor vehicles have collided
with any other motor vehicle or object.
Any automobile, truck or other vehicle used for the purpose
of towing, carrying, pushing or otherwise transporting any wrecked
or disabled motor vehicle from one place to another for any purpose,
including, but not limited to, wrecking, storing or repairing the
vehicle.
Any towing of a vehicle, upon the authorization of the owner
or operator of the vehicle, which is not a police-authorized tow or
a nonconsent tow.
A situation where a peace officer employed by the city takes
the operator of a motor vehicle into custody and determines that it
is necessary to cause the person's vehicle to be removed from
the scene for storage.
An auto wrecker with a manufacturer's rated carrying
capacity of not less than 6,000 pounds. Except where a distinction
is made, the term "auto wrecker" shall include a "heavy-duty wrecker."
Any motor vehicle designed to be self-propelled and subject
to registration pursuant to the Texas Certificate of Title Act (Texas
Transportation Code, section 501.0001. et. seq.).
The towing of any vehicle without the consent of the vehicle
owner or operator of the vehicle that is not a police-authorized tow.
The towing of a motor vehicle upon authorization of a city
police officer, rather than upon the authorization of the owner or
operator of the motor vehicle under circumstances of stolen vehicle
recovery, abandoned vehicle removal, removal of a wrecked, illegally
parked or disabled motor vehicle, impoundment, or other removal authorized
by law, or custodial arrest at which the owner or operator of the
vehicle is incapable of making arrangements for removal of the vehicle,
or any other circumstances in which a police officer authorizes the
towing of a motor vehicle in connection with official duties and the
owner or operator of the vehicle is not present or is not capable
of making a determination with respect to the removal of the vehicle.
The actual owner of the vehicle towed or transported or any
driver of the vehicle who reasonably appears to have authority to
operate the vehicle.
A motor vehicle storage facility situated within the city
or within Austin County or a county adjacent to Austin County that
is operating under a current and valid license granted pursuant to
the Vehicle Storage Facility Act (Texas Occupations Code section 2303.001,
et seq.), and that is in compliance with all state rules and regulations
governing vehicle storage facilities, as well as all city ordinances
affecting same.
An auto wrecker.
A person who operates an auto wrecker on the streets of the
city, whether on his own account or in the employ of another.
A permit to be issued annually by the city, which authorizes
the holder thereof to answer calls from the police for police-authorized
tows pursuant to a police-authorized tow agreement, nonconsent tows
and call for consent tows such as auto transfer or wrecker service
calls within the city.
(1994 Code, sec. 4.101; Ordinance 1709 adopted 3/19/2024)
(a)
An
owner or operator of a vehicle may at any time request that their
vehicle be towed to any location. It shall be the responsibility of
anyone providing towing services for compensation to insure that he
or she meets any applicable requirements to allow him to provide such
services.
(b)
The
amount charged for a consent tow shall be the result of an agreement
reached between the operator of the vehicle to be towed and the wrecker
service, but the amount charged may not exceed the amount allowed
hereunder for a nonconsent tow.
(c)
The towing of a vehicle authorized by and at the direction of a registered lienholder incidental to a lawful repossession shall be considered a consent tow, and the provisions of subsections (a) and (b) of this section shall apply. The lienholder or his agent shall make an oral report to the police department within one (1) hour of the time the vehicle was towed, which shall include the following information:
(1)
The license plate of the towed vehicle;
(2)
The vehicle identification number of the towed vehicle;
(3)
The year, make, model, and color of the towed vehicle;
(4)
The name, address and telephone number of the person authorizing
the tow and the lienholder requesting the vehicle to be repossessed;
and
(5)
The location from which the vehicle was towed, the date and time
of the tow, and the name, street address, and telephone number where
the vehicle was taken for storage.
(1994 Code, sec. 4.102)
(a)
An
auto wrecker performing nonconsent tows within the city must tow the
vehicle to a vehicle storage facility, as defined herein, or to the
place of business of the auto wrecker within the city, and have a
valid wrecker permit issued by the city. The driver of such auto wrecker
must have a valid city wrecker operator’s license.
(b)
Whenever
a person other than the registered owner or operator of a vehicle
authorizes the tow of a vehicle, that person or his agent shall make
an oral report to the police department within one (1) hour of the
time the vehicle was towed, which shall include the following information:
(1)
The license plate of the towed vehicle;
(2)
The vehicle identification number of the towed vehicle;
(3)
The year, make, model, and color of the towed vehicle;
(4)
The name, address and telephone number of the person authorizing
the tow; and
(5)
The location from which the vehicle was towed, the date and time
of the tow, and the name, street address, and telephone number where
the vehicle was taken for storage.
(1994 Code, sec. 4.103)
(a)
No auto wrecker driver may perform police authorized tows except
upon authorization of an agreement executed under this section.
(b)
Any person desiring to enter into an agreement with the city
to perform police authorized tows under this section shall make application
therefor to the chief of police. Such application shall be accompanied
by a nonrefundable application fee, as established by the city council.
(c)
All applicable tow truck, tow truck company, and tow truck operator
licenses required by the Texas Department of Licensing and Regulation
must be maintained and provided to the city before entering into an
agreement under this section.
(d)
The chief of police may execute agreements on behalf of the
city with persons who hold wrecker permits to perform police authorized
tows. The right to enter into such agreements shall be extended on
a uniform basis to all eligible persons who operate permitted wreckers.
(e)
The chief of police shall not enter into an agreement on behalf
of the city with any wrecker permit holder if the permit holder or
any employee or owner of the permit holder (including partners of
a partnership and stockholders of a corporation) has had an agreement
hereunder terminated for cause within the preceding two (2) years.
The foregoing provision shall apply to agreements that are not renewed
or are terminated by the operator under threat of termination for
cause in the same manner as to those that have actually been terminated
for cause.
(f)
An applicant for a police authorized tow agreement that has
been denied under this section shall have the right to appeal the
decision of the chief of police to the city council within ten (10)
days of written notice of such denial, which appeal shall be perfected
by delivering, in writing, a statement to the city secretary, stating
that an appeal from the decision of the chief of police is desired
and the facts regarding same. The city council will schedule a hearing
as soon as practicable after receiving the notice of appeal. After
hearing the appeal, the city council shall, within a reasonable period,
sustain, modify, or reverse the decision of the chief of police. If
no appeal is taken from the findings made by the chief of police within
the time provided above, the decision of the chief of police shall
be final; otherwise, the decision of the city council shall be final.
(1994 Code, sec. 4.104; ; Ordinance 1709 adopted 3/19/2024)
(a)
Whenever
an auto wrecker driver arrives at a place where a vehicle is wrecked
or disabled, he shall park his vehicle in such a manner as not to
interfere with traffic. No auto wrecker shall be parked within one
hundred feet (100') of a wrecked or disabled vehicle unless performing
a consent tow or as directed by a police officer at the scene. The
driver or any occupant of the auto wrecker shall remain at or near
the wrecker and shall not approach any party involved in the wrecked
or disabled vehicle.
(b)
The
fact that a police officer is not present at the scene of an accident
when an auto wrecker arrives shall not constitute an exception to
this section or any other section, and it shall be the duty of the
owner or driver desiring to tow or haul any wrecked or disabled vehicle
from the scene of an accident to cause the police to be notified of
the occurrence of the accident.
(1994 Code, sec. 4.105)
No auto wrecker driver shall, nor allow any person under his control to, ignite a match, lighter or other flammable object within a distance of fifty feet (50') in any direction from the location of a vehicular accident. The wrecker driver and any person under his control shall not enter into such area with a lighted cigarette, cigar, pipe or other burning material. The provisions of this section shall not apply to the required safety equipment described in section 4.03.009.
(1994 Code, sec. 4.106)
(a)
All
auto wrecker drivers arriving at the scene of an accident or any police-authorized
tow shall obey all lawful orders given by any police officer at the
scene and shall not interfere with such police officer in the performance
of his duties.
(b)
An
auto wrecker driver shall not remove any wrecked or disabled vehicle
from the scene of an accident or any request for a police-authorized
tow or load or attach an auto wrecker to a wrecked or disabled vehicle
until the police officer in charge of the scene has completed the
investigation and authorized the auto wrecker driver to remove the
vehicle.
(c)
An
auto wrecker driver may be denied a tow if the wrecker is observed
violating any laws of the state or city while en route to any call
for service; this shall be at the discretion of the investigating
police officer in charge of the scene.
(d)
Any
officer may confiscate a city wrecker operator’s license if
the wrecker driver interferes with the officer while at the scene.
If any wrecker operator’s license is confiscated, it shall be
accompanied by a written memo indicating the reason for the confiscation
and given to the on-duty supervisor. The supervisor shall then forward
the confiscated item along with the memo to the chief of police or
his designee. The chief of police shall investigate or cause an investigation
to be conducted as to any further disciplinary action, such as revoking
or suspending the wrecker operator’s license or terminating
his police-authorized tow agreement, if any, or both.
(1994 Code, sec. 4.107)
(a)
Upon
arrival at the scene of a wrecked or disabled vehicle, the police
officer shall determine if a police-authorized tow is necessary. If
a police-authorized [tow] is necessary, the police officer shall advise
dispatch and a rotation list shall be utilized to dispatch the required
number of wreckers to the scene.
(b)
If
the owner or operator of a vehicle that is wrecked or disabled has
a wrecker preference, that request will be honored if it would not
cause undue delay and immediate towing is unnecessary. Any wrecker
or towing company may tow the vehicle at the owner’s request
or driver’s request, as long as such wrecker or company has
a valid state tow tag and cab card. If the wrecked or disabled vehicle
has any part or portion thereof upon the roadway, the auto wrecker
driver responding to the owner’s or operator’s request
shall have fifteen (15) minutes to arrive at the scene and remove
the vehicle, or such shorter period of time if, in the discretion
of the police officer on the scene, such shorter period of time is
necessary to protect the safety and welfare of the public; otherwise
the vehicle may be towed pursuant to a police-authorized tow.
(1994 Code, sec. 4.108)
(a)
The
following equipment is required on every auto wrecker performing towing
services with the city:
(1)
Fire extinguisher(s), being defined as that piece of equipment commonly
carried to extinguish fires caused as a result of an auto accident
or collision. Such fire extinguisher shall be the standard BC type,
either one 10-pound or two 5-pound fire extinguishers, with a gauge
properly filled and readily accessible for use;
(2)
Three (3) flares, each of which shall be capable of being seen and
distinguished at a distance of not less than six hundred feet (600')
under normal atmospheric conditions at nighttime;
(3)
One broom of a type designed for pushing with an eighteen-inch (18")
head and a handle of not less than thirty-six inches (36");
(4)
No less than five (5) gallons of dry sand or other absorbent which
is at least as effective as sand in absorbing liquid;
(5)
One (1) five-gallon container to carry glass and debris cleaned from
streets when picking up a wrecked vehicle;
(6)
One (1) flat-edged shovel of at least nine inches (9"), with a handle
of not less than thirty-six inches (36");
(7)
One (1) wrecking bar of not less than thirty-six inches (36") in
length with a wedge head;
(8)
At least one (1) rotating beacon with amber lenses visible within
five hundred feet (500') of a three hundred sixty degree (360°)
radius; and
(9)
If the vehicle being towed does not have functional taillights, temporary
lighting must be provided.
(b)
If
the auto wrecker is a heavy-duty wrecker, it must be equipped with
a winch capable of lifting a minimum of thirty thousand (30,000) pounds.
If one (1) winch line is used, it shall be at least three-fourths
inches (3/4") in diameter; if two (2) winch lines are used, each shall
be at least five-eighths inch (5/8") in diameter. Additionally, a
heavy-duty wrecker shall be equipped with an “A” frame
capable of being used for lifting vehicles, trucks, trailers, equipment,
air brakes, and air lines, and must have a tow bar that is sufficient
to prevent the swinging of any equipment being transported by such
heavy-duty wrecker.
(1994 Code, sec. 4.109)
(a)
It
shall be the duty of the auto wrecker driver of each auto wrecker
that picks up a wrecked or disabled vehicle for the purpose of towing
to clear the street of any and all debris, parts, or glass. In the
event two (2) or more auto wreckers pick up vehicles for towing, it
shall be the duty of each driver to clear the street of debris, parts,
or glass.
(b)
If
any other person removes a wrecked or disabled vehicle from a street,
he shall remove any glass or other injurious substance dropped upon
the street from such vehicle.
(1994 Code, sec. 4.110)
(a)
The
standard auto wrecker service charge and heavy-duty wrecker service
charge for towing a vehicle, as a nonconsent tow or as a police-authorized
tow, shall be outlined in the police authorized tow agreement.
(b)
All
charges shall be listed on the wrecker invoice, and the permit holder
shall maintain a separate file for invoice copies pertaining to nonconsent
and police-authorized towing services at the permit holder's place
of business for two (2) years from the invoice date. The chief of
police or his designee may inspect such invoices during regular business
hours. Every invoice required to be kept under this section shall
contain the towed vehicle's description by make, model, year, license
number, and name of the wrecker driver, in addition to charges made.
Every invoice on nonconsent tows shall include the above information,
along with the name, address, and phone number of the person authorizing
the tow, the reason the vehicle was towed, and the name, street address,
and telephone number where the vehicle was taken for storage. Every
invoice on police-authorized tows shall also include the name and
badge number of the police officer that authorized the tow.
(Ordinance 1415A adopted 3/15/16; Ordinance
1711 adopted 4/16/2024)
