In the event that there is more than one certificate holder,
all holders shall be placed on a rotation list maintained in the police
dispatch office. When an officer requests a police pull, the dispatcher
shall call the next certificate holder on the list in rotation, in
order to ensure that all certificate holders receive an equal number
of calls.
(2005 Code, sec. 5.2.21)
(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 city at the request
of a vehicle’s operator:
(1) The certificate holder’s copy of any required pull card;
(2) Books, records, logs or receipts relative to all towing, storage
and miscellaneous fees charged by the certificate holder; and
(3) Any other records determined by the chief to be necessary to the
supervision of the certificate holder’s police pull operations.
(b) The
city secretary shall have the right to obtain from the certificate
holder an annual audited financial statement prepared by a certified
public accountant. Such financial statement may only be required by
the secretary when access to the books, records, logs and receipts
relative to police pulls is denied after request has been made therefor
pursuant to this section. When required, the audited statement shall
be due within sixty (60) days of the end of the certificate holder’s
fiscal year or not later than sixty (60) days following the request.
(c) The
chief shall have the right to inspect, during regular business hours,
any of the books, records, logs and receipts of a certificate holder
which relate to police pulls and shall have the right to make one
or more copies of the same. City inspection shall not be construed
to constitute a waiver of any claim of confidentiality the certificate
holder may have as to such records.
(d) 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 section shall constitute grounds for the suspension or revocation
of the certificate.
(Ordinance 2019-04, sec. 4, adopted 3/21/19)
Any 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
to the nearest place of safety, or to the premises of the certificate
holder, under the following conditions:
(1) When
any vehicle is left unattended upon any bridge or viaduct where such
vehicle constitutes an obstruction to traffic;
(2) When
any vehicle is parked so as to block the entrance to a 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 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) When
a vehicle upon a street is so wrecked or disabled that its normal
operation is impossible or impractical, or the person in charge of
the vehicle is incapacitated by reason of physical injury or other
reason to such extent as to be unable to provide for its removal or
custody or is not in the immediate vicinity of the wrecked or disabled
vehicle;
(6) When
an officer arrests a 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. In
no case, however, shall a vehicle be released when the driver is arrested
for intoxication except to a member of the operator’s immediate
family and only at the time of arrest and at the scene;
(7) Whenever
any officer finds a vehicle standing upon a street or public or private
property in violation of any state law or city ordinance;
(8) When
the owner or operator consents;
(9) When,
in the opinion of a police officer, the 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 the vehicle
is imperiled by reason of any catastrophe, emergency or unusual circumstance;
or
(11) When any vehicle is found to be a junked vehicle in accordance with
this article or state statute, including specifically V.T.C.A., Transportation
Code, sec. 683.001 et seq.;
(12) Where otherwise authorized by law.
(2005 Code, sec. 5.2.23)
The chief shall cause to be prepared a form that shall be sufficient
for use in all police pulls and for the records required of the certificate
holder under this article. The form shall contain at least the following:
(1) The
name(s) and address(es) of the owner and operator of the vehicle to
be towed;
(2) The
description of the vehicle to be towed;
(3) The
time, date and reason for the tow; and
(4) The
location from which the vehicle was towed.
(2005 Code, sec. 5.2.24)
At the sole determination of the senior ranking officer on duty
at the time, the department of public safety may elect to release
any vehicle pulled under a police pull. The election shall entitle
the recipient to release of the vehicle pulled without any charges
for towing or storage, and the certificate holder shall not be entitled
to any charge or fee for such pull.
(2005 Code, sec. 5.2.27)
A certificate holder may be called by any police officer to
jump start, tow or change flat tires on any police vehicle or city
vehicle not under the control of the city’s department of public
safety. In such cases, the certificate holder shall not be entitled
to any charge or fee for such service.
(2005 Code, sec. 5.2.28)