City of Paris, TX Offenses and Penalties

A person commits an offense if, within the city, he, his agent or employee:

Engages in vehicle tow service for compensation without a valid tow service certificate of registration issued by the department;

(2)

Intentionally or knowingly causes a vehicle to be removed from private property, without the consent of the vehicle owner or operator, by a vehicle tow service not licensed by TDLR;

(3)

Intentionally or knowingly employs or contracts with a vehicle tow service not licensed by TDLR for the purpose of having a vehicle removed from private property without the consent of the vehicle owner or operator; or

(4)

Allows a tow truck or agent to be within one thousand (1,000) feet of the scene of a motor vehicle accident unless properly dispatched. No employee or agent of the wrecker service shall distribute business cards or other literature to, or communicate with, any vehicle operator within one thousand (1,000) feet of the scene unless properly dispatched and in the presence of a police officer. No wrecker service shall follow, chase or respond to fire, EMS, or police calls unless requested.

(b)

A person commits an offense if he operates a wrecker engaged in a vehicle tow service in the city without a valid wrecker driver’s permit issued to the person by the state department of licensing and regulation.

(c)

A certificate holder commits an offense if he employs or otherwise allows a person to operate for compensation a wrecker owned, controlled or operated by the certificate holder unless the person has a valid wrecker driver’s permit issued by TDLR.

(d)

A certificate holder commits an offense if he removes an unauthorized vehicle from a private property location which lacks, at each entrance to the property, the posting of a sign that meets state mandates and requirements as established in chapter 2308 Texas Occupations Code (Vehicle Towing and Booting Act).

(e)

A certificate holder commits an offense if he fails to release a vehicle without charge to the vehicle owner or operator, or to the property owner, if the release is requested, whether or not the vehicle has already been connected to the towing vehicle and/or before the vehicle is removed from the private property on which the vehicle is parked.

(f)

A certificate holder commits an offense if he fails to notify the police department or have an employee notify the police department within one (1) hour after the removal of each vehicle from private property with the following information:

(1)

The location from which the vehicle was removed and the date and time of removal;

(2)

The reason for removal of the vehicle;

(3)

A physical description of the removed vehicle to include the year, make, model, color, state license plate number and the vehicle identification number;

(4)

The trade name of the vehicle tow service;

(5)

The name, address and telephone number of the vehicle storage facility to which the vehicle was taken;

(6)

The name of the operator of the towing vehicle; and

(7)

Obtain an incident number from the police department.

(g)

A certificate holder commits an offense if he fails to obtain an incident number from the department, after complying with section (f), and enter that incident number on the impound log provided to the certificate holder by the department.

(h)

A certificate holder commits an offense if he removes or causes the removal of a vehicle other than an illegally parked, abandoned or unauthorized vehicle from private property.

(i)

A certificate holder commits an offense if he tows or allows an employee to tow a nonconsent vehicle to a storage facility that is located outside the city limits.

(j)

A certificate holder commits an offense if he tows a vehicle from private property to a storage lot other than the one posted on the sign as required in this section.

(k)

A certificate holder commits an offense if he operates a towing vehicle which has not been registered with the department and approved by this article, and those rules and regulations as established herein.

(l)

A certificate holder commits an offense if he removes or causes the removal of any vehicle from private property to a vehicle storage facility that is not in compliance and not currently licensed under the Texas Vehicle Storage Facility Act.

(m)

A certificate holder commits an offense if he fails to answer the storage location telephone at any time, twenty-four (24) hours per day, or have an employee or contractor answer such telephone at any time, twenty-four (24) hours per day.

(n)

A certificate holder commits an offense if he fails to have the storage facility respond on a twenty-four-hour-per-day basis to release any vehicle which has been towed and impounded there.

(o)

A certificate holder commits an offense if he fails to have a certificate of registration issued hereunder conspicuously displayed at his place of business.

(p)

A certificate holder commits an offense if he fails to release a vehicle within sixty (60) minutes of a request by the owner or operator of the vehicle which has been impounded.

(q)

A certificate holder commits an offense if he imposes or attempts to impose any condition for release of any motor vehicle which has been towed to a storage facility, other than proof of ownership, identification of the person claiming the vehicle and the payment for towing and storage.

(r)

A certificate holder commits an offense if he fails to provide the owner or operator of the vehicle with a written receipt for towing and storage charges, the date and time of removal, the date and time of return and the name of the certificate holder which has done the removal.

(s)

A certificate holder commits an offense if he fails to retain at his principal place of business a copy of any receipt or record required by this article for a period of not less than one (1) year after the date the receipt was originally issued.

(t)

A certificate holder commits an offense if he fails to maintain a permanent sign on both sides of all towing vehicles used in his operation which complies with state law.

(u)

A certificate holder commits an offense if he has in his employ any person who has had a motor vehicle tow service license revoked or denied within two (2) years.

(v)

A certificate holder commits an offense if he refuses to allow the department to inspect, upon request, all towing records required to be kept by this article and/or by state law.

(w)

A certificate holder commits an offense if he charges more than the maximum fee allowed by this article.

(x)

A certificate holder commits an offense if does not allow a vehicle owner to pay the fee for vehicle tow service in any of the methods of payments, as desired by the owner of the vehicle, allowed by this article.

(y)

A certificate holder commits an offense if their vehicle storage facility does not submit a weekly list of vehicles that have been released after having been submitted as abandoned to the police department.

(z)

A certificate holder or person commits an offense if he violates a provision of this article or any other law applicable to him.

(Ordinance 2011-011, sec. 2, adopted 5/9/11; 1988 Code, sec. 35-20)