A contracted wrecker service, or a wrecker service requesting
to be placed on the list of approved wrecker services, shall provide
the following information to the city:
(1)
The
name, address, phone number, and copy of TDLR license for the wrecker
service;
(2)
The
name, address, and phone number of the owner of the wrecker service;
(3)
The
number of incident management tow trucks to be operated by the wrecker
service;
(4)
Proof
of ownership of, or access to, the use of a vehicle storage facility
licensed by the state located within the city or ETJ;
(5)
The
names of operators who shall drive the wreckers for the applicant
and a copy of the incident management towing operator’s license
issued by TDLR;
(6)
Such
other information as the chief of police shall find reasonably necessary
to effect the purpose of this article and to arrive at a fair determination
of whether the applicant has complied with the terms of this article.
(Ordinance 19-0812-01 adopted 8/12/19)
The following equipment is required to perform nonconsent or
emergency tows within the city:
(1)
Each
tow truck must meet the following requirements:
(A)
Shall not be less than one (1) ton and shall be equipped with booster
brakes and dual rear wheels;
(B)
Shall be equipped with a power winch, winch line, boom (flatbeds
require no boom) and lifting capacity of not less than 8,000 pounds,
which must be a factory-rated lifting capacity;
(C)
Shall carry as standard equipment safety chains, fire extinguisher
(a minimum of five (5) pounds), road flares or reflective triangles,
a container for carrying glass or other debris, and string, rope or
straps suitable for securing doors, hoods, trunks, etc.; and
(D)
Shall be equipped with any other equipment required by state or federal
law.
(2)
Each
wrecker service must either possess, or have the ability to call for
and provide, the services of at least one truck capable of towing
an 18-wheeler and at least one heavy-duty tow truck that meets the
following requirements:
(A)
Shall be at least two and one-half (2-1/2) tons;
(B)
Shall be equipped with a power-operated winch, winch line and boom,
with a factory-rated lifting capacity of not less than 32,000 pounds,
single-or double-line capacity;
(C)
Shall carry as standard equipment safety chains, fire extinguisher
(a minimum of ten (10) pounds), road flares or reflective triangles,
a container for carrying glass or other debris, and string, rope or
straps suitable for securing doors, hoods, trunks, etc.; and
(D)
Shall be equipped with any other equipment required by state or federal
law.
(3)
The
chief of police may determine on a case-by-case basis when alternative
equipment will be satisfactory for approval under this article. To
receive approval, the alternative equipment must serve the same function
and be of equal or better quality of the equipment required under
this article.
(Ordinance 19-0812-01 adopted 8/12/19)
An emergency warning light device shall be mounted on the wrecker,
amber in color, alternately flashing or rotating, mounted as high
as possible and as far to both the left side and the right side as
possible, so as to be visible to the front and rear of the vehicle
at all times when in operation. The warning device should be in operation
from the time the tow truck arrives at the scene until the time of
departure. The warning device (amber) may be used, if necessary, for
departure at the scene during travel to the storage facility, using
the most expedient route. At no time shall a tow truck display a red
light to the front of the vehicle.
(Ordinance 19-0812-01 adopted 8/12/19)
(a)
A
certificate of insurance must be filed with the chief of police evidencing
proof of valid insurance for each tow truck. The certificate must
specify that the policy covers the vehicle subject to the permit,
identify the vehicle by make, model and vehicle identification number,
and indicate that the policy complies with the intent of and minimum
liability limits established by law;
(b)
Each
tow truck must have tow truck cargo, on-hook or similar type insurance.
It is the intent of this subsection to provide insurance covering
damage to the towed vehicle while it is in the care, custody or control
of the wrecker service for which said wrecker service is liable. It
is further the intent of this subsection that the insurance cover
damage to the towed vehicle that is the direct or indirect result
of an improper hookup. The tow truck cargo, on-hook, or similar type
of insurance must meet the state required minimums as established
by the Texas Department of Licensing and Regulation for incident management
tow trucks;
(c)
Each
tow truck shall be insured so as to meet the requirements of all other
applicable statutes, in addition to meeting the insurance requirements
set forth in state law;
(d)
A
wrecker service that has a lapse in insurance coverage as required
by this article must immediately notify the chief of police and is
strictly prohibited from performing any towing, vehicle storage, or
other services during the period of lapsed insurance coverage; and
(e)
The
wrecker service shall submit a certificate that expressly provides
that neither the tow truck owner or his insured will seek to avoid
liability on the grounds that the tow truck operator was engaged in
the exercise of a governmental function relative to nonconsent tows
for the police department, and that expressly acknowledges that the
wrecker service is not performing governmental functions in the performance
of its duties under this article.
(Ordinance 19-0812-01 adopted 8/12/19)
It shall be unlawful for any person to engage in the business
of a wrecker service and make nonconsent tows in the city unless such
person possesses a current, valid tow truck license from TDLR. To
perform nonconsent tows, each tow truck operated, and each tow operator
must possess a current, valid, incident management towing permit from
TDLR. All tow truck operators must possess a current and valid driver’s
license for the class of vehicle being driven.
(Ordinance 19-0812-01 adopted 8/12/19)
Each wrecker service performing nonconsent or emergency tows
within the city shall provide a means of two-way communications with
the police department and each operator. If this is accomplished by
cellular telephones the wrecker service shall provide the police department
with a list of those telephone numbers. It shall be the responsibility
of the wrecker service to notify the police department of any changes
in contact information.
(Ordinance 19-0812-01 adopted 8/12/19)
While the wrecker service is a private enterprise, such service
is at the request of the city. Therefore, all personnel operating
under a wrecker service shall conduct themselves in a dignified and
respectable manner, shall be courteous to the public and shall follow
directions of the police officers as to the disposition of vehicles
to be moved or towed to a vehicle storage facility.
(Ordinance 19-0812-01 adopted 8/12/19)
Every wrecker service under this article shall provide a maximum-security
indoor area, either located at the vehicle storage facility or at
another site approved by the chief of police, which shall be available
for storage of any vehicle at the request of the police department.
(Ordinance 19-0812-01 adopted 8/12/19)
Every wrecker service operating under this article shall provide
service contemplated by this article on a twenty-four (24) hour basis,
seven (7) days a week.
(Ordinance 19-0812-01 adopted 8/12/19)
The wrecker service shall arrive at the location of the vehicle
to be towed within twenty (20) minutes after receiving a request for
towing. Response times shall not apply, but shall be reasonable, for
requests that require 18-wheeler, heavy-duty or specialized equipment,
or requests for service during inclement weather, natural disaster
or other extenuating circumstances.
(Ordinance 19-0812-01 adopted 8/12/19)
The tow truck operator shall be responsible for cleaning the
roadway of glass and debris when responding to a call of a motor vehicle
accident, in accordance with the provisions of applicable state statutes.
(Ordinance 19-0812-01 adopted 8/12/19)
All wrecker services operating on the list of approved wrecker
services must comply with all laws regulating abandoned motor vehicles,
including Texas Transportation Code, chapter 683, as it presently
exists or may in the future be amended.
(Ordinance 19-0812-01 adopted 8/12/19)
No person shall drive a tow truck to the scene of an accident
or arrest within the city unless such person has been called to the
scene on behalf of the owner of the vehicle or has been dispatched
by the police department. Wrecker services may not arrive at the location
of any emergency scene for the purposes of solicitation or advertising
services.
(Ordinance 19-0812-01 adopted 8/12/19)
