(a) 
It shall be unlawful for any person to drive, operate, or cause to be driven or operated any auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles to or from any location in the city, for hire, or as an incident to obtaining the business of storing, wrecking, or repairing such wrecked or disabled vehicles or for any purpose, if such towing or hauling is performed without the consent of the vehicle owner or operator of the vehicle, without having first obtained a wrecker permit from the city.
(1) 
A wrecker permit, which permits the holder to respond to nonconsent tows and is eligible to apply for a police-authorized tow agreement.
(b) 
Such permit shall be for 1-year duration and must be renewed annually.
(1994 Code, sec. 4.120)
Any person desiring a auto wrecker permit to operate an auto wrecker in the city shall apply in writing to the chief of police, and shall state the following in the application:
(1) 
The name and address of the applicant. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary;
(2) 
The number of auto wreckers an applicant desires to operate, listing the make, model motor number, state tow tag number, and state license number for each auto wrecker.
(1994 Code, sec. 4.121)
(a) 
The application for a permit required by the provisions of this article shall be accompanied by an annual permit fee as provided in the fee schedule found in appendix A of this code.
(b) 
The same fee is payable annually thirty (30) days before expiration of a permit for a one-year extension.
(1994 Code, sec. 4.122)
(a) 
Before any permit shall be issued under the provisions of this article or before any renewal of such permit shall be granted, the applicant or permittee shall be required to file with the city secretary, and keep in full force and effect, satisfactory evidence that the applicant or permittee has given proof of financial responsibility to the state department of public safety, as that term is defined in the Texas Motor Vehicle Safety Responsibility Act (Texas Transportation Code Ann. section 601.002 et seq., Vernon 1996), and has complied with the provisions of such act, as now enforced or hereafter amended.
(b) 
The chief of police is authorized to promulgate reasonable regulations as to the type and character of evidence that shall be required to show that the applicant or permittee has given proof of financial responsibility to the state department of public safety. If such proof of financial responsibility is evidenced by an insurance policy, such policy shall be carried with an insurance company admitted to do business in this state and performable in this county. The chief of police shall suspend, cancel, or revoke any auto wrecker permit, without further notice to the applicant or permittee, if financial responsibility is not in full force and effect at all times.
(c) 
The insurance required by this section shall be of limits of not less than the minimum required by state law. Proof of insurance shall be in the form of a “certificate of insurance” issued to the city and must be attached to the application.
(1994 Code, sec. 4.123)
After the applicant has filed an auto wrecker permit application, permit fee, and certificate of insurance, and the city secretary has examined same and found them to be in compliance with the terms of this article, and such application is approved by the chief of police, the chief of police shall issue to the applicant the appropriate permit to operate an auto wrecker in the city.
(1994 Code, sec. 4.124)
Every permit issued under the provisions of this article shall be dated and numbered, shall bear upon its face a notice that the same expires one (1) year from the date of issuance and shall show the make, model, vehicle identification number, and state license number of each auto wrecker permitted to operate within the city and, where the applicant has entered into a police-authorized tow agreement with the city, the wrecker decal or license tag issued to it by the chief of police.
(1994 Code, sec. 4.125)
(a) 
When an applicant has obtained an auto wrecker permit and thereafter desires to increase the number of auto wreckers to be operated, the permit holder shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional wreckers, giving the make, model, vehicle identification number, state tow tag number, and state license number of each additional auto wrecker. He shall also file the proper permit fee to cover the additional number of auto wreckers.
(b) 
The permit holder shall also file a new certificate of insurance, covering the additional auto wreckers, with the city secretary.
(c) 
The city secretary shall examine such supplemental auto wrecker applications, fees, and insurance policy certificates and, if same are in order, shall issue a supplemental permit covering the additional auto wreckers.
(d) 
There will be no limit on the number of permits issued to any one applicant.
(e) 
Auto wrecker operators shall be allowed to increase the number of auto wreckers operated pursuant to a police-authorized tow agreement by complying with the provisions of this section and the provisions of said agreement. If the application is approved, a decal or license tag will be issued for each additional auto wrecker.
(1994 Code, sec. 4.126)
Whenever a permittee wishes to discontinue the use of an auto wrecker during the period covered by the permit and replace such auto wrecker with another, the permittee shall file an affidavit stating that the use of the auto wrecker covered by the permit has been discontinued, and that the permittee desires to use another auto wrecker in its place. A certificate from the permit holder’s surety or insurer shall be attached to the affidavit evidencing that such surety or insurer has been notified thereof and agrees thereto. The city secretary shall then issue to the permittee a supplemental permit covering the new auto wrecker and cause the description of the old auto wrecker to be canceled from the original permit. In the affidavit, certificate from the surety or insurer, and supplemental permit, the old and new auto wreckers shall be described by make, model, motor number, state tow tag number, state license number, and decal or license tag, if applicable.
(1994 Code, sec. 4.127)
The chief of police is empowered to prescribe regulations for the displaying of signs on auto wreckers showing that the same have been permitted under the provisions of this article. The name, address, and telephone number of the permit holder shall be clearly visible and shall, at a minimum, meet the following requirements:
(1) 
The name and telephone number of the permit holder shall be in letters three inches (3") in height and located on the doors of the auto wrecker; and
(2) 
The address of the permit holder shall be two inches (2") in height and located on the doors of the auto wrecker.
(1994 Code, sec. 4.128)
All permits issued under the provisions of this article are nontransferable and shall be valid for a period of one (1) year from the date of issuance. Applications for renewal and the renewal fee must be received thirty (30) days prior to a permit’s expiration date.
(1994 Code, sec. 4.129)
A permit issued under the provisions of this article must be denied, suspended, canceled or revoked by order of the chief of police for any of the following reasons:
(1) 
The permit holder has not been in compliance with the requirements of this article at any time since the permit has been issued;
(2) 
The permit holder has committed any violation of state law regulating auto wreckers;
(3) 
The permit holder has committed any violation of the city’s ordinances regulating auto wreckers which involve safety or financial responsibility;
(4) 
The permit holder has violated any rules or regulations issued by the authority of the chief of police;
(5) 
There have been two (2) or more violations of the city’s ordinances regulating auto wreckers within any one (1) year period by any one (1) driver operating a wrecker of the permit holder or by any other agents or employees of the permit holder;
(6) 
There have been two (2) or more moving violations of the motor vehicle traffic laws of the state within any one (1) year by any one (1) driver while operating a wrecker of the permit holder or three (3) or more moving violations of the motor vehicle traffic laws of the state of any kind within any two (2) years by any one (1) driver;
(7) 
The permit holder knowingly supplied false or incomplete information to obtain or maintain a permit;
(8) 
The permit holder has been placed on probation or received deferred adjudication for a felony or crime involving moral turpitude within the last three (3) years or finally convicted of a felony or a crime involving moral turpitude within ten (10) years; or
(9) 
The permit holder, his agent or employee fails to respond to wrecker calls from the police department in such a manner as to create unnecessary delays in the removal of wrecked or disabled vehicles from the roadway.
(1994 Code, sec. 4.130)
Upon the denial, suspension, cancellation, or revocation of a permit issued under the provisions of this article, the applicant or permit holder shall have the right to appeal such denial, suspension, cancellation, or revocation to the city council within ten (10) days of written notice of such decision, which appeal shall be perfected by delivering, in writing, seven (7) copies of the same to the city council, stating that an appeal from the decision is desired and the facts regarding same. The city council will schedule a hearing as soon as practicable after receiving such notice of appeal, and grant a hearing thereof, and after the hearing of the appeal shall within a reasonable period sustain, modify, or reverse the decision. If no appeal is taken within the time provided above, the decision regarding the permit shall be final; otherwise, the decision of the city council shall be final.
(1994 Code, sec. 4.131)