(a)
No
person shall drive, operate or cause to be operated, nor shall any
person employ, permit or allow another to drive, operate or cause
to be operated, any tow truck over any street in the city for the
purpose of removing, moving or towing of any vehicle inside the city
without first being properly licensed, insured and equipped in accordance
with state law and the Texas Department of Licensing and Regulation.
(b)
All
tow trucks originating a consent tow within the city must comply with
the licensing and equipment regulations and adhere to the specific
tow truck classifications for the specific use of that tow truck as
set forth in state law and the Texas Department of Licensing and Regulation.
(Ordinance 1012-2013 adopted 1/14/14)
The following definitions shall apply in the interpretation
and enforcement of this article:
The condition of being abandoned, as defined in chapter 683
of the Texas Transportation Code, as amended.
The City of River Oaks in the County of Tarrant and State
of Texas.
Any tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle.
A vehicle which is rendered unsafe to be driven as the result
of some occurrence other than a wreck, including but not limited to,
mechanical failures or breakdowns, fire, vandalism or a vehicle which
is in a safe driving condition, but the owner is not present or able
or permitted to drive so as to reasonably necessitate that the vehicle
be removed by a tow truck.
The fee charged for a nonconsent tow which is disengaged
pursuant to this article, while the towed vehicle is still on the
premises from which it is being removed.
Estimated time of arrival.
The vehicle is fully prepared for transport by attachment
to a tow truck, lifted in tow position, with tow lights and safety
chains attached and, if required, placed on a dolly in a raised position
and the only thing remaining is for the tow operator to drive away.
Every vehicle which is self-propelled.
Any tow, which originates in the city, of a motor vehicle
that is not a tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle. The term includes but is not limited
to, a police pull, a tow of a motor vehicle in which the tow truck
is summoned because of a traffic accident or to a traffic incident,
and a private property tow.
Any person who holds the legal title of a motor vehicle or
who has the legal right of possession thereof.
Public or private property used, wholly or partly, for restricted
or paid parking. The term includes:
A restricted space on a portion of an otherwise unrestricted
parking facility; and
A commercial parking lot, parking garage, and a parking area
serving or adjacent to a business, church, school, home that charges
a fee for parking, apartment complex, property governed by a property
owners’ association, or government-owned property leased to
a private person, including:
A portion of the right-of-way of a public roadway that is leased
by a governmental entity to the parking facility owner; and
The area between the facility’s property line abutting
a county or municipal public roadway and the centerline of the roadway’s
drainageway or curb of the roadway, whichever is further from the
facility’s property line.
Includes an individual, firm, corporation, association, partnership,
joint venture or society.
A police-initiated nonconsent tow or other transportation
of a vehicle by a tow truck which is the result of a police officer
exercising his authority to effect the removal of the vehicle pursuant
to state law and this article.
The entire width between the boundary lines of every publicly
maintained way when any part thereof is open to the use of the public
for the purposes of vehicular travel.
A motor vehicle, including a wrecker, equipped with a mechanical
device used to tow, winch, or otherwise move another motor vehicle.
The term does not include:
A motor vehicle owned and operated by a governmental entity,
including a public school district;
A recreational vehicle towing another vehicle;
A motor vehicle used in combination with a tow bar, tow dolly,
or other mechanical device if the vehicle is not operated in furtherance
of a commercial enterprise;
A motor vehicle that is controlled or operated by a farmer or
rancher and used for towing a farm vehicle; or
An individual, association, corporation, or other legal entity
that controls, operates, or directs the operation of one or more tow
trucks over a public roadway in this state, but does not include a
political subdivision of the state.
Every device in or by which any person or property is or
may be transported or drawn upon a public highway, except devices
moved only by human power or used exclusively upon stationary rail
or tracks, and shall include trailers and semitrailers.
Any motor vehicle used for the purpose of towing or removing
disabled or wrecked vehicles.
The business of towing or removing disabled or wrecked vehicles
on the public streets, regardless of whether the purpose of the towing
is to remove, repair, wreck, store, trade or purchase such disabled
or wrecked vehicles.
The rotation list of companies prepared and used as provided in section 4.07.027 of this article.
The form of selection of wrecker companies, prepared and used as provided in section 4.07.018 of this article.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
Every
wrecker service desiring to engage in the wrecker business in the
city shall file an application in writing with the police chief for
a permit to engage in the wrecker business and for an inspection certificate
for each wrecker proposed to be operated. Such application shall contain
the name, address and telephone number of the applicant, and the number
and types of wreckers proposed to be operated. Such application shall
also contain the name, address and telephone number of each operator
of the wrecker equipment, and the same information pertaining to the
true owner of the company concerned, if he or she is different from
the applicant.
(b)
Every
application when filed shall be sworn to by the applicant and accompanied
by an inspection and license fee of $15.00 for each wrecker proposed
to be operated, and this fee shall not be returned to the applicant.
(Ordinance 1012-2013 adopted 1/14/14; Ordinance 1239-2019, sec. 26, adopted 8/13/19)
(a)
The
city shall, through its police chief, honor a current wrecker permit
issued by another municipality, provided the standards for obtaining
such permit from the other municipality are the same or more exacting
than the standards required in this article, and further provided
that the municipality issuing such permit honors and recognizes the
same to be valid when issued by the city.
(b)
Notwithstanding subsection (a) of this section, each wrecker service desiring to engage in the wrecker business in the city shall comply with section 4.07.003 of this article to obtain a permit from the city and shall comply with section 4.07.005 of this article to be placed on the wrecker rotation list.
(Ordinance 1012-2013 adopted 1/14/14; Ordinance 1239-2019, sec. 27, adopted 8/13/19)
(a)
When filing the application, or at any time subsequent thereto, a wrecker service may also make an application in writing to the police chief for its placement on the wrecker rotation list. Subject to the approval of the police chief of the city, or his designee, the applicant’s name shall be added to the rotation list. The police chief, however, shall not withhold his approval of such an application unless the wrecker service has violated any of the provisions of this chapter or has had its business and wrecker permit previously revoked for any of the grounds specified in section 4.07.010 of this article.
(b)
When
an authorized wrecker service on the rotation list is called by the
police department, the wrecker operator shall be required to give
his or her ETA. In emergency situations the police department shall
retain the right to utilize another wrecker service in accordance
with the order of the rotation list if the ETA given is more than
thirty (30) minutes or is determined by the police department to cause
a delay that threatens the safety of any individual present at the
scene.
(c)
Each
wrecker service authorized on the rotation list shall have a secured
area to store wrecked, disabled or impounded motor vehicles; all vehicles
that are towed will be placed inside these facilities. Secured areas
shall comply with all applicable zoning regulations and city ordinances
and may consist of a six-foot chainlink fence with at least three
strands of barbed wire on the upper portion of the fence upon approval
by the city council. Fencing shall be a minimum of seven feet in total
height. Structures consisting of a fully enclosed building with secure
lockable doors shall also be acceptable as a secured area. The secured
area or storage facility shall be inside the city limits.
(Ordinance 1239-2019, sec. 28, adopted 8/13/19)
The police chief shall issue a permit to engage in the wrecker
business to all applicants complying with the provisions of this chapter.
No permit authorizing the operation of a wrecker on the streets of
the city shall be issued unless the following requirements are met
and certified by the police chief:
(1)
Each
wrecker shall be not less than three-quarter-ton in size and be equipped
with booster brakes.
(2)
Each
wrecker shall be equipped with a power winch, winch line and boom,
with a factory-rated lifting capacity of not less than five thousand
pounds, single-line capacity.
(3)
Each
wrecker shall carry as standard equipment tow bars, safety chains,
a fire extinguisher, wrecker bars, brooms and an axe.
(4)
The
applicant shall procure and keep in full force and effect a policy
of public liability and property damage insurance issued by a casualty
insurance company authorized to do business in the state on the standard
form approved by the board of insurance commissioners of the state.
The insuring provision for such policy is to include the city as insured,
and a coverage provision insuring the public from any loss or damage
that may arise to any person or property by reason of the operation
of a wrecker of such company and providing that the amount of recovery
on each wrecker shall be limits of not less than the following sums:
(A)
For damages arising out of bodily injury to or death of one person
in any accident, one hundred thousand dollars ($100,000.00);
(B)
For damage arising out of bodily injury to or death of two or more
persons in any one accident, three hundred thousand dollars ($300,000.00);
and
(C)
For injury to or destruction of property in any one accident, fifty
thousand dollars ($50,000.00).
(Ordinance 1012-2013 adopted 1/14/14)
All permits issued pursuant to this article must be kept in
the cab of each permitted wrecker and displayed upon request of the
police department.
(Ordinance 1012-2013 adopted 1/14/14)
All permits issued pursuant to this article shall terminate at midnight on the 31st day of December of the calendar year in which issued. A wrecker service whose permit has expired pursuant to this section must comply with section 4.07.003 in order to renew said permit.
(Ordinance 1012-2013 adopted 1/14/14)
No wrecker business permit, issued in accordance with this article,
shall be transferable from one holder to another.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
The
business and wrecker permit may be revoked for any of the following
reasons:
(1)
If the permit was procured by fraudulent conduct or false statement
of a material fact, or that a fact concerning the applicant was not
disclosed at the time of him or her making application that would
have constituted just cause for refusing to issue the permit;
(2)
If the permittee has been proven guilty of the violation of any of
the provisions of this article;
(3)
If the driver or operator of a wrecker is drunk or disorderly, such
as to contribute to an emergency rather than to aid it; or
(4)
If the permittee is on the wrecker rotation list and has refused
to tow a vehicle on a timely basis at the request of the police department
and such refusal creates a hazard or unsafe condition at the site
of the vehicle. However, the wrecker service shall retain the right
to call the dispatcher and temporarily remove itself from service
for the purpose of making repairs to equipment.
(b)
No
permit shall be revoked without notice to the permittee and an opportunity
for a hearing. A permittee who receives notice of a proposed revocation
may file a written request for a hearing with the police chief or
his designee within ten days from the date of the notice. The police
chief shall conduct a hearing and shall thereafter determine whether
to revoke the permit.
(c)
Any
person whose application for a wrecker permit has been denied or revoked
by the police chief shall have the right to appeal such denial or
revocation to the city council within ten calendar days after notification
of such denial or revocation. The city council shall review the matter
and may uphold, modify or reverse the denial or revocation of the
wrecker permit. The decision of the city council shall be final.
(d)
Any
person whose permit has been revoked shall not be eligible to apply
for a permit for a period of one year from the date of such revocation.
(Ordinance 1012-2013 adopted 1/14/14)
This article is not and shall not be held applicable to salvage
auto dealers and bona fide auto dealers as long as they are handling
their own vehicles and not operating a commercial wrecker business.
(Ordinance 1012-2013 adopted 1/14/14)
Each towing company called to the scene of an accident shall
comply with state law and Texas Department of Licensing and Regulation
governing the removal of debris from the roadway.
(Ordinance 1012-2013 adopted 1/14/14)
A police officer for the city is hereby authorized to move a
vehicle, require the operator or other person in charge of a vehicle
to move the same, or have the vehicle removed by a towing service
in accordance with the rotation list pursuant to this article to the
nearest place of safety or to the premises of said towing service,
under the following circumstance:
(1)
When
any vehicle is left unattended upon any bridge, viaduct or causeway,
or in any tunnel where such vehicle constitutes an obstruction to
traffic;
(2)
When
any vehicle is otherwise illegally parked so as to block the entrance
to any 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 there is reasonable grounds
to believe the vehicle is stolen;
(4)
When
an officer has reasonable grounds to believe the vehicle has been
abandoned;
(5)
When
a vehicle upon a street is wrecked or disabled; and
(A)
Because of the wreck or disability its normal operation is impossible
or impractical; or
(B)
The person or persons in charge of the vehicle are incapacitated
by reason of physical injury or other reason to such extent as to
be unable to provide for its removal or custody or are 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 there is no other alternative to impoundment;
(7)
Whenever
an 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, said vehicle constitutes a hazard
or interferes with a normal function of a governmental agency;
(10)
When any vehicle is found to be a junk vehicle, in accordance with the city’s junk vehicle ordinance, article 8.04;
(11)
When, in the opinion of the a police officer, the safety of said
vehicle is imperiled by reason of any catastrophe, emergency or unusual
circumstances;
(12)
When the operator of a motor vehicle is requested to show proof of
financial responsibility on that vehicle and, in the opinion of a
police officer, is unable to establish financial responsibility under
section 601.051 of the Texas Transportation Code; or
(13)
Where otherwise authorized by law.
(Ordinance 1012-2013 adopted 1/14/14)
No person shall drive a wrecker to or near the scene or site
of an accident or collision on the streets of the city unless such
person has been called to the scene by the police department of the
city; provided that when it is necessary to prevent death or bodily
injury to any person involved in an accident or collision, the prohibition
of this section shall be inapplicable.
(Ordinance 1012-2013 adopted 1/14/14)
No person shall solicit in any manner, directly or indirectly
on the streets of the city, the business of towing any vehicle which
is wrecked or disabled on a public street, regardless of whether the
solicitation is for the purpose of soliciting the business, of towing,
removing, repairing, wrecking, storing, trading or purchasing such
vehicle.
(Ordinance 1012-2013 adopted 1/14/14)
Proof of the presence of any person engaged in the wrecker business
or the presence of any wrecker or motor vehicle owned or operated
by any person engaged in the wrecker business, either as owner, operator,
employee or agent, on any public street in the city, at or near the
scene or site of a wreck, accident, or collision, within one (1) hour
after the happening of a wreck, or collision, shall be prima facie
evidence of a solicitation in violation of this section. This section
shall not prohibit an individual involved in an accident from calling
a wrecker business and requesting their services.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
When
a vehicle is towed pursuant to a police pull, the owner of said vehicle
shall be afforded the right to a hearing in the justice court in accordance
with Texas Occupations Code section 2308.452. This hearing shall be
pursuant to the procedures outlined in Texas Occupations Code chapter
2308.
(b)
Unless
a police hold is placed upon a vehicle towed pursuant to a police
pull, it shall be the responsibility of the towing service utilized
in accordance with the rotation list to determine whether the vehicle
should be released, when it should be released and to whom it should
be released.
(Ordinance 1012-2013 adopted 1/14/14)
The police chief shall cause a “wrecker selection form”
to be prepared which shall contain:
(1)
A
statement by the owner of the disabled vehicle designating in blank
spaces therein the wrecker company (one authorized under this article
to engage in the wrecker business) which he desires to remove the
disabled vehicle and the place to which he desires said vehicle removed.
(2)
A
statement authorizing any police officer to call the designated wrecker
company to remove the disabled vehicle.
(3)
A
statement in the alternative that the owner has no preference as to
a wrecker company and authorizes any police officer to call the wrecker
company next in line on the “wrecker rotation list” maintained
at police headquarters, and a statement that he desires the vehicle
to be removed to the place designated by him in a blank space therein.
(4)
A
space for the signature of the owner of the vehicle.
(Ordinance 1012-2013 adopted 1/14/14)
When a police officer investigating an accident determines that
any vehicle which has been involved in a collision or accident upon
a public street is unable to proceed safely under its own power, or
when the owner thereof is physically unable to drive such vehicle,
such officer shall request the owner to designate on the “wrecker
selection form” the wrecker company the owner desires to remove
the vehicle. Such designation by the owner shall be indicated on said
form by writing in the blank space provided, the name of the company
selected, and the form when completed shall be signed by the owner.
The police officer shall give a copy of the authorization thus made
on the form to the owner and shall retain for record the original
thereof. Upon leaving duty on the same day, the police officer shall
place such original in a bound book in the police department provided
for that purpose. When the owner has designated the wrecker company
desired, the police officer shall communicate that fact immediately
to police department headquarters, and it shall be the duty of the
officer receiving such information at headquarters to call the designated
company to send a wrecker to the scene of the accident or collision.
(Ordinance 1012-2013 adopted 1/14/14)
On taking custody of a wrecked or disabled vehicle, the investigating
officer shall make a written record as to the condition of each vehicle,
and make notation therein of any standard equipment of the automobile
that is not accounted for at the time.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
Any
towing company or operator of a tow truck, not performing a tow pursuant
to the city’s wrecker rotation list, who performs a nonconsent
tow in the city shall contact the police department to inform the
department that the nonconsent tow has been performed and shall keep
written records on each vehicle it tows as a nonconsent tow. These
records shall contain:
(1)
The year, make, model, color, correct license plate number, state
issuing the license, correct vehicle identification number of the
vehicle, and the owner’s or operator’s name if reasonably
available;
(2)
The date, time and location from which the vehicle was towed, the
name of the person who authorized the tow, and the specific reason
for the tow;
(3)
The name of the tow truck driver that towed the vehicle, and the
licensing number of the truck along with the license plate number
of the truck that towed the vehicle;
(4)
All amounts charged for the towing of such vehicle, and the specific
nature of each charge; and
(5)
Photographs or videos of each vehicle before it is towed, demonstrating
the condition of unauthorized parking, for example, but not limited
to, a vehicle parked in a handicapped parking space without a permit,
blocking a dumpster, blocking a vehicle in a parking space, blocking
an entrance or exit, parking in a fire lane or other violation.
(b)
The
towing company operator, his agent or employee shall make these records
available for inspection and copying by the police chief or his designee
upon his request, and the city shall have access, upon request, to
any books, documents, papers and records for the purpose of making
audit examinations during the operating hours of the tow truck operator.
(c)
Required
records shall be kept under care and custody of the towing company
for at least two (2) years from the date of the tow.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
Every
parking facility owner who causes or authorizes a nonconsent tow must
post a sign in accordance with state law. In addition to the requirements
set forth in state law, each sign shall provide the name of the person
or firm authorized to tow vehicles from the parking facility; and
name, address, and telephone number of the vehicle storage facility
the vehicle is removed to.
(b)
Every
parking facility owner who causes or authorizes a nonconsent tow must
remove all signs upon the termination of the parking facility owner’s
interest in the parking facility or upon the expiration of the parking
facility owner’s nonconsent tow contract.
(Ordinance 1012-2013 adopted 1/14/14)
Regardless of any general contractual or “patrol account”
arrangement which may exist between a towing company and a parking
facility owner, it is a violation of this article to make a nonconsent
tow of any vehicle without first securing a specific, written directive
to tow such vehicle signed by the owner of the parking facility or
the owner’s authorized representative that is not a tow truck
service. Such directive must:
(1)
Identify
the vehicle to be towed by make, color, and license plate number.
(2)
Identify
the person signing the directive.
(3)
State
the location from which the vehicle is to be towed.
(4)
State
the date and time the directive is signed.
(Ordinance 1012-2013 adopted 1/14/14)
Vehicles involved in a nonconsent tow must be transported directly
to a vehicle storage facility. A parking facility cannot be used as
a temporary vehicle storage facility. Nonconsent towed vehicles shall
be taken to a vehicle storage facility that is located within the
territorial limits of the county.
(Ordinance 1012-2013 adopted 1/14/14; Ordinance
1407-2024 adopted 2/6/2024)
(a)
The
owner or operator of a towing company commits an offense if he charges
a fee in excess of the maximum fee for the applicable nonconsent tow
fee set by state regulation.
(b)
A
towing company or vehicle storage facility operator may not charge
any other fee for a nonconsent tow or service related to a nonconsent
tow except a towing fee or a drop fee tow.
(c)
If
the owner, authorized operator, or authorized agent of the owner of
a motor vehicle that is subject to a nonconsent tow attempts to retrieve
the motor vehicle before its removal from the property or parked location,
the maximum amount that may be charged a drop fee (if the motor vehicle
is hooked up) is $100.00. Before its removal from the property the
vehicle owner or operator has an absolute right to regain possession
of the vehicle by payment of the drop fee. In the event the owner
or operator arrives to move the vehicle before the vehicle is fully
hooked up, no drop fee may be charged.
(d)
The
towing company and the vehicle storage facility must comply with state
law and the Texas Department of License and Regulation as they pertain
to methods of payment. Notice of the methods of payment shall be given
by the towing company to the owner or operator of the vehicle towed
if the owner or operator is on sight at the time of the tow and by
the vehicle storage facility when the owner appears to claim the towed
vehicle.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
Upon
initial contact with the owner or operator of a vehicle which is the
subject of a nonconsent tow, a tow truck operator, a vehicle storage
facility operator, or any employee or agent thereof shall give written
notice to the vehicle owner or operator of his right to a hearing
that meets the requirements of the Texas Occupations Code.
(b)
A
person commits an offense if with criminal negligence he fails to
provide notice as provided by this section.
(Ordinance 1012-2013 adopted 1/14/14)
The police department shall keep a master list, known as the
wrecker rotation list, in alphabetical order, of all wrecker companies
which have the following qualifications:
(1)
Have
been issued a permit.
(2)
Have
applied to be on such list.
(3)
Maintain
twenty-four-hour wrecker service.
(4)
Have
at least one wrecker not less than three-fourths (3/4) ton in size,
equipped with a power-operated winch, winch line, and boom.
(5)
Have
an established uniform price for services rendered as follows:
(A)
Towage.
A one hundred thirty-five and 00/100 dollar
($135.00) flat charge for towing such a vehicle from one point to
another within the corporate limits of the city.
(B)
Storage.
No more than twenty dollars ($20.00) per day,
with each day figured on a basis of twenty-four (24) hours, commencing
with the time the vehicle is placed in storage.
(Ordinance 1012-2013 adopted 1/14/14)
(a)
Any person who violates any provision of this article except section 4.07.025 for which a specific penalty is not provided shall be guilty of a misdemeanor upon conviction and may be punished by a fine not to exceed $500.00. Any person who violates section 4.07.025 of this article shall, upon conviction, be punished by a fine provided in section 2308.505 of the Texas Occupations Code.
(b)
Each
act of violation and each day in which a violation is permitted to
continue shall constitute a separate offense.
(Ordinance 1012-2013 adopted 1/14/14)
The city shall be entitled to pursue all other criminal and
civil remedies to which it is entitled under any other law and the
remedies provided herein are not exclusive.
(Ordinance 1012-2013 adopted 1/14/14)
