A written authorization granted by the chief of police under
this article to use a designated vehicle as a wrecker.
The chief of police for the city or the person designated
to act in his stead.
Any tow initiated by the owner, operator or other person
in possession, custody or control of a motor vehicle, but which does
not include tows initiated as a result of an accident or collision
on a public highway, street or alley where a police officer has been
dispatched to the scene.
A plate permanently affixed to either a truck, wrecker equipment
or tow sling by the manufacturer of the equipment which states the
vehicle’s or equipment’s gross poundage capacity.
Any vehicle which is self-propelled. This does not include
motor-assisted bicycles as defined by the laws of the state.
Any tow of a motor vehicle that is not a consent tow.
Any person who holds the legal title to a motor vehicle,
or has the legal right of possession thereof. This does not include
any person who has gained possession of a motor vehicle only as a
result of wrecker services performed.
A written authorization granted by the chief of police under
the provisions of this article to engage in the wrecker business in
the city.
Any person possessing a current, valid permit to engage in
the wrecker business in the city.
An individual, corporation, partnership, joint venture, association
or any other entity.
Any law enforcement official lawfully at the scene.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a public highway, including,
but not limited to, motor vehicles, trailers and semi-trailers, but
not including devices moved only by human power, or used exclusively
on stationary rails or tracks.
Any motor vehicle used for the purpose of towing or removing
vehicles.
The business of towing vehicles not belonging to the towing
wrecker company on a public street within the incorporated limits
of the city for compensation, or with the expectation of compensation,
including, but not limited to, compensation for towing, storage, and
repair. It does not include towing a vehicle to a point outside the
city when the owner of the vehicle requests that it be towed to a
point outside the city, except as otherwise provided in this article.
Any person engaged in the wrecker business within the city.
The list prepared in accordance with the provisions of this
article, of wrecker companies which have been permitted hereunder
and which operate wreckers certified under this article.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.901)
Any person, either by himself or agent, who shall do any act or thing prohibited by the terms of this article, or in any wise violate the provisions thereof, shall be fined in an amount in accordance with the general penalty provided in section 1.01.009.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.914; Ordinance adopting 2019 Code)
An applicant for a permit for wrecker business shall submit,
on a form provided by the chief of police, a verified application
containing or accompanied by the following:
(1)
The
true name, trade name, address, and telephone numbers of the wrecker
company.
(2)
The
number of wreckers proposed to be operated.
(3)
The
true owners of the wrecker company, including all individual owners
and all partners, joint venturers, shareholders or owners of any entity.
(4)
The
true owners of the wreckers proposed to be used, if other than the
true owners of the wrecker company.
(5)
A
certificate from the city tax assessor-collector that all city taxes
on all properties, real and personal, including each wrecker, to be
used in connection with the applicant’s wrecker business are
current.
(6)
Such
other information pertaining to the financial, criminal or driving
records of the applicant and/or applicant’s employees as the
chief of police determines is necessary for the safety and protection
of the citizens, including, without limitation, the following:
(7)
A
certificate of public liability and property damage insurance issued
by a casualty company authorized to do business in the state, in the
standard form approved by the state department of insurance, containing
a provision that at least ten (10) days’ prior notice of cancellation
of said insurance shall be given to the chief of police of the city
by the insurance company, and with the insured provision of such policy
including the city as an additional insured and the coverage provision
insuring members of the public from any loss or damage that may arise
to any person or property by reason of the operation of a permit holder’s
business and providing that the amount of coverage shall comply with
the following minimum limits:
(A)
For damages arising out of bodily injury to or death of one (1) person
in any one (1) collision, $125,000.00;
(B)
For damages arising out of bodily injury to or death of two (2) or
more persons in any one (1) collision, $250,000.00;
(C)
For damage to or destruction of property in any one (1) collision,
$50,000.00.
(8)
A
certificate of cargo insurance to cover damage to a towed vehicle
during hookup and/or towing in the minimum amount of fifty thousand
dollars ($50,000.00), or a surety bond in the minimum amount of fifty
thousand dollars ($50,000.00), said bond to be available for the satisfaction
of any valid final judgment against the towing company/wrecker business,
either for property damage to a vehicle or for actual medical expenses
for personal injury to an individual, caused by such towing company/wrecker
business in the course of performing any operation under the provisions
of this article. Said bond shall be secured by one corporate surety,
or by one or more personal sureties having a total of at least one
hundred thousand dollars ($100,000.00) in property within the state
which is not exempted from execution by any provision of law. Such
personal sureties shall make affidavit in the form set forth in article
17.13, Texas Code of Criminal Procedure.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.902)
(a)
In
order for a specified vehicle to be certified as a wrecker, the following
requirements must be met:
(1)
A request for certification must be submitted to the chief of police
on a form provided by the chief of police.
(2)
Payment of a nonrefundable annual permit and inspection fee, renewable on the first day of June of each year, in the amount set forth in the fee schedule in appendix A of this code.
(3)
Copies of the following must be submitted:
(A)
The manufacturer’s certificate for the vehicle;
(B)
A certificate of insurance indicating that each vehicle to be certified
is insured as per the requirements herein;
(C)
A certificate from the tax office indicating there are no delinquent
city taxes owed on the vehicle;
(D)
Vehicle storage facility license issued by the state department of
licensing and regulation.
(4)
Each vehicle must be inspected by the chief of police or his designated
representative.
(5)
Each wrecker shall meet the following minimum requirements:
(A)
Shall have a capacity of not less than one ton dual in size and be
equipped with booster brakes.
(B)
Shall display in a permanent manner the name of the permit holder
on both sides of each certified wrecker.
(C)
Shall be in a condition such that it can be safely and reliably used
as a wrecker.
(D)
Shall be equipped with a power-operated (either electric or hydraulic)
winch, winch line and boom, with a rated or tested lifting capacity
of not less than eight thousand (8,000) pounds single line capacity.
If the unit does not have an established factory-rated lifting capacity,
then such capacity shall be determined by a testing procedure approved
by the chief of police or his designated representative.
(E)
Shall carry at all times the following standard equipment:
(i)
Slings and/or tow bars along with “J” hooks and
chains.
(ii)
Safety chain.
(iii)
10 lb. fire extinguisher.
(iv)
Shovel.
(v)
Wrecker bar.
(vi)
Broom.
(vii)
Ax.
(viii)
Dolly.
(ix)
Flares.
(x)
Ropes for securing steering wheel.
(xi)
Overhead visibar or beacon type light visible from front and
rear.
(xii)
Tow lights.
(b)
The
chief of police may require that a certified wrecker be evidenced
by a back windshield sticker or other device which the chief of police
determines will enhance enforcement of this section.
(c)
No
wrecker shall be certified with more than one wrecker business.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.903; Ordinance adopting 2019 Code)
(a)
Issuance.
The chief of police shall issue a permit to
engage in the wrecker business to all applicants complying with the
provisions of this article, and shall issue a certificate for all
wreckers so complying upon proper application being made therefor,
unless legal grounds exist for denying such a permit or certificate.
(b)
Expiration and renewal.
Each permit and certificate
shall expire at midnight on May 31st of the calendar year of issuance,
and will be renewable only upon compliance with the provisions of
this article and any other applicable laws, ordinances, or regulations
which shall be in effect at the time of the renewal application.
(c)
Changes in information.
Each permittee shall have a
continuing obligation to supplement its original application within
fifteen days from the occurrence of any change in vehicles, personnel,
ownership or any other matter furnished to the chief of police with
the permittee’s most current application. This provision applies
both to the permit to operate a wrecker service and to the certification
of vehicles.
(d)
Applicability of permit requirement.
No permit shall
be required for any wrecker company or wrecker business unless it
performs nonconsent tows as that term is defined herein.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.904)
Any permit holder, or applicant, by virtue of making application
therefor, agrees to permit, during normal business hours, the inspection
of wreckers, wrecker equipment, and storage facilities. This authority
shall be cumulative of any other authority held by the chief of police,
other law enforcement officials, or other legally authorized public
officials.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.905)
(a)
The
chief of police shall establish and maintain a wrecker rotation list,
from which a permitted wrecker company shall be picked to answer both
collision and impound calls. Each permit holder who meets the qualifications
herein shall be entitled to one (1) place on said list except that
multiple permit holders with similar ownership shall not be entitled
to additional or multiple places on the rotation list. The chief of
police shall have broad discretion in determinations involving rights
to be on the rotation list. The names of the permit holders on the
list shall be listed in alphabetical order.
(b)
A
permit holder is entitled to be on the rotation list if:
(1)
It holds a permit;
(2)
It owns, leases, or otherwise lawfully possesses and operates a garage
or storage facility located within the incorporated limits and/or
the extraterritorial jurisdiction of the city;
(3)
It maintains at least one (1) certified wrecker;
(4)
It maintains twenty-four (24) hour wrecker service and a local telephone
number which is answered twenty-four (24) hours a day;
(5)
It must be able to respond to all wrecker service calls from the
city by:
(6)
It maintains a storage facility which is enclosed by a permanent
six (6) foot solid wood or steel chain-link fence, the gate to which
is locked at all times;
(7)
It has someone available at all times during normal business hours
to release any vehicle impounded within one (1) hour of a request
by the owner or the police department; and
(8)
It holds a permit issued by the state department of licensing and
regulation, pursuant to the Vehicle Storage Facilities Act, V.T.C.A.,
Occupations Code, chapter 2303.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.906)
(a)
In
any circumstance in which a vehicle or other object is involved in
a collision or accident or so located on a public street as to constitute
a hazard or obstacle, or to interfere with traffic, or in the event
a stolen vehicle is found, or in any other circumstance in which a
police officer in the course of his duty directs the removal of a
vehicle from or to any location, any police officer may require removal
of the vehicle at the owner’s expense, by any practicable means,
to include but not limited to use of a wrecker selected by the owner,
or failing that, selected by the use of the collision wrecker rotation
list or the impound haul rotation list.
(b)
When
the police officer investigating an accident, collision, crime or
abandoned vehicle determines that any vehicle involved is unable to
safely proceed under its own power, or when the police officer determines
that the driver of any vehicle is physically unable to safely move
the vehicle to a location where it will not create a traffic hazard,
the police officer shall call for wrecker service as follows:
(1)
The officer may, in his discretion, seek to determine the preference
of the driver of the vehicle for a particular wrecker company or service
(provided the driver is physically able to express a preference) and
if the police officer determines the safety of persons or property
would not be endangered and no delay would be occasioned by seeking
and approving the driver’s preference:
(A)
Secure a designation by the driver in writing on a form provided
by the chief of police and signed by the driver.
(B)
When the designation has been properly made, the police officer shall
communicate the name of the designated wrecker company, auto repair
shop, automobile dealer, or automobile club to the police communications
center.
(C)
The police communications center shall cause the designated wrecker
company, auto repair shop, automobile dealer, or automobile club to
be called and directed to send to the scene a wrecker capable of removing
the vehicle.
(2)
If the driver of a vehicle identified in subsection (b) above is physically unable to designate the wrecker company, auto repair shop, automobile dealer, or automobile club he desires to remove the vehicle, or fails or refuses to designate one, or has no preference, then the police officer shall communicate that fact immediately to the police communications center, and advise as to the type of wrecker required.
(A)
The police communications center shall call the permit holder next
in line after the last permit holder so called, and request the permit
holder to tow the vehicle from the scene of the collision.
(B)
On each succeeding communication of the inability or refusal of a
permit holder to send a wrecker, the next permit holder on the list
shall be called. After the last permit holder on said list has been
called, the next such call shall go to the first permit holder on
said list.
(c)
If the permit holder, after arrival at the scene, determines, in conjunction with the police officer in charge, that assistance is needed, then the police officer shall communicate that fact immediately to the police communications center, which shall proceed under subsection (b) of this section.
(d)
Failure of any wrecker service selected under subsection (b) to notify the dispatcher within 10 minutes of availability and to deliver a wrecker of the class required to the scene within thirty (30) minutes of notification without justification acceptable to the police communications center shall cause the wrecker service to forfeit that call. Additionally, the chief of police shall have the discretion to revoke a permit for failure to notify the dispatcher within 10 minutes of availability and respond within thirty (30) minutes after the dispatcher’s call.
(e)
The
following maximum fees may be charged by permit holders under this
section. No additional charges may be made. These maximum fees shall
also apply to hauls when the request is made through the police communications
center to have a vehicle towed from the scene of a collision.
(1)
The fee for wrecker service shall be:
(2)
Additional charges:
(A)
Winching, per hour (1/2 hour minimum): $45.00 per hour.
(B)
Work/wait time per hour (first 30 minutes free, 1 hour minimum):
$35.00 per hour.
(C)
Dollies or flatbed required: $35.00.
(D)
Mileage fee loaded only (outside city limits only): $2.00 per mile.
(E)
After-hours/weekends/holiday charge for each that applies (after-hours
between 8 p.m. and 8 a.m.): $15.00.
(F)
Non-release gate fee only charged for after-hours/weekends/holidays:
$15.00.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.907)
(a)
In
order to maintain control over city streets, to prevent traffic congestion,
to ensure safety and welfare of citizens and travelers and to promote
efficiency and reliability of wrecker services performed for the city,
it is provided that:
(1)
It shall be unlawful for any person to drive, or cause to be driven,
a wrecker to or near the scene of a collision on a street within the
city unless such person has been called to the scene by the police
department or by a party involved in the collision; provided, however,
that the prohibition of this subsection shall not be applicable when
such actions are necessary to prevent death or bodily injury to any
person involved in a collision.
(2)
It shall be unlawful for any person to engage in the wrecker business
in the city performing nonconsent tows unless such person possesses
a current, valid permit therefor. The police department shall be authorized
to summon wreckers without permits in emergency situations.
(3)
It shall be unlawful to drive, or cause or allow to be driven, in
the wrecker business as a wrecker, any vehicle for which no certificate
has been issued and which is utilized for nonconsent tows.
(4)
It shall be unlawful for any person to drive, or cause or allow to
be driven, in the wrecker business a wrecker performing nonconsent
tows when:
(A)
The driver does not hold a current valid driver’s license for
the type of vehicle driven;
(B)
The driver has been convicted of a felony involving any offense which
could affect the safety of his driving or the safety and/or security
of the public or the vehicle (including its contents) being towed.
(b)
No
wrecker company permitted to operate a wrecker business in the city
shall employ personnel in breach of the foregoing requirements.
(c)
No
wrecker company or its employees shall solicit in any manner, directly
or indirectly, on the streets of the city, for wrecker business involving
any vehicle which has been involved in an accident or is wrecked or
disabled on a public street in any situation where the welfare or
safety of persons or property may be affected. This prohibition applies
regardless of whether the solicitation is for the purpose of soliciting
the business of towing, removing, repairing, wrecking, storing, trading,
selling, or purchasing such vehicle. Proof of the presence of any
person engaged in the wrecker business (or anyone employed by or acting
in concert with or with the consent of any wrecker company) or of
the presence of any wrecker, whether or not certified or identified
under the provisions of this article, except a wrecker called pursuant
to the provisions of this article, at or near the scene or situs of
a wreck or collision on any public street in the city after the happening
of a wreck and prior to removal of all disabled or damaged vehicles
shall be prima facie evidence of a solicitation in violation of this
subsection.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.908)
(a)
Whenever
an auto wrecker arrives at the place where a motor vehicle has been
disabled by an accident, the wrecker driver shall park his wrecker
as close to the street curb as possible and otherwise dispose of it
in such a manner as not to interfere with traffic. He shall not park
his vehicle within a distance of fifty (50) feet from a wrecked or
disabled vehicle.
(b)
All
wrecker drivers arriving at the place where any accident has occurred
shall cooperate with the police department and shall obey all lawful
orders given them by any police officer of the city investigating
such accident and shall not in any manner interfere with such officer
in the performance of his duty.
(c)
It
shall be the duty of the driver of each wrecker that removes a wrecked,
damaged, or disabled vehicle from the place where an accident or collision
has occurred to clear and remove any and all debris, parts, or glass
accumulated as a result of the accident or collision from the street.
In the event two (2) or more wreckers pick up vehicles for towing,
it shall be the duty of each driver to clear and remove debris, parts,
or glass from the street.
(d)
All
personnel of the wrecker company shall act in a courteous manner to
the owner of the vehicle, the police department and the citizens.
All personnel of the wrecker company shall refrain from rude, obnoxious
or belligerent conduct.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.909)
A police officer shall not directly or indirectly recommend
to any person the name of any wrecker company, auto repair shop, automobile
dealer, or automobile club engaged in the wrecker business, nor shall
any such police officer influence or attempt to influence in any manner
the decision of any person in choosing or selecting a wrecker company,
auto repair shop, automobile dealer, or automobile club.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.910)
In lieu of or in addition to any criminal prosecution or civil
remedy for the violation of any provision of this article, the chief
of police shall have, as to the holders of any permit or certificate,
or as to any applicant therefor, the duty and authority to enforce
the provisions of this article by administrative action in accordance
with the principles and procedures set forth hereinafter.
(1)
The
proper and safe functioning of the wrecker business has critical impact
on the health, safety, and welfare of the public, and involves use
of the public streets of the city often in circumstances necessitating
prompt removal of dangerous obstructions to traffic on said streets;
therefore the privilege of any person to engage in the wrecker business
in the city shall be subject to strict regulation in order to protect
the public interests of the city and its citizens.
(2)
For
purposes of invoking any administrative remedy against a permit holder,
the acts or omissions of any agent, driver or employee of said permit
holder shall be considered to be the acts or omissions of said permit
holder.
(3)
Administrative
remedies which the chief of police may employ to enforce the provisions
of this article include, but are not limited to:
(A)
Suspension or revocation of any certificate (this power includes
the authority to remove or to cause to be removed any sticker or other
evidence of a certificate from any wrecker);
(B)
Removal of a permit holder from any collision wrecker rotation list;
or
(C)
Suspension or revocation of any wrecker permit.
(4)
Grounds
for suspension or revocation of a certificate include, as to the wrecker
for which the certificate was issued, driving said wrecker to the
scene of collision in response to a call by any person for a wrecker,
or towing a vehicle with said wrecker, when said wrecker:
(5)
Grounds
for removal of a permit holder from the rotation list include:
(A)
Failure to meet at all times the requirements for a permit;
(B)
Failure to maintain at all times at least one (1) wrecker in such
condition that it meets the requirements for certification and for
eligibility to be on the rotation list;
(C)
Driving or causing to be driven to the scene of a collision, in response
to a call made after utilizing the wrecker rotation list, any wrecker
which does not then meet the requirements of the rotation list;
(D)
Driving any wrecker to or from the scene of a collision in a manner
which endangers any person;
(E)
When the police communications center calls a particular permit holder
pursuant to the wrecker rotation list procedure to perform certain
wrecker service at a particular location, if a wrecker belonging to
a permit holder not requested by the police communications center
to perform such service is driven to said location, the permit holder
owning that wrecker shall be subject to removal from the collision
wrecker rotation list for a period of at least thirty (30) days;
(F)
Collecting or charging any fees or charges in excess of those set
out in this article;
(G)
Violation of the zoning ordinance or fire protection ordinance, as
determined by the building official or the fire marshal, respectively,
upon written communication to the chief of police of said determination;
or
(6)
If,
for justifiable reasons, any permit holder on the collision wrecker
rotation list is unable to answer within the proper time when called
by the police communications center, the permit holder forfeits that
call but is not subject to having his permits or certificates suspended
or revoked for that reason.
(7)
Grounds for suspension or revocation of a permit include any conduct in the wrecker business which endangers the life or safety of any person; violation of any of the provisions of this article (including, without limitation, sections 4.06.008, 4.06.009 and 4.06.010 of this article); unjustifiable failure to respond within the proper time when called by the police communication center; violation of the zoning ordinance or fire prevention code for one (1) week after notice of said violation has been given to said wrecker business by the building official or the fire marshal, respectively; failure to maintain in effect any insurance required by this section; and fraud or theft in the conduct of the wrecker business.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.911)
(a)
Suspension
or revocation of any certificate may be accomplished by the chief
of police. The reasons for suspension or revocation of any certificate
shall be given in writing to the permit holder whose certificate is
being suspended or revoked within ten (10) days of such suspension
or revocation. Mailing of such notice to the last known business address
of said permit holder shall constitute sufficient notice. Appeals
from a suspension or revocation by the chief of police shall be made
in writing to the city manager within twenty (20) days of such suspension
or revocation. A hearing or personal appearance shall be at the discretion
of the city manager. Written notice of the ruling of the city manager
shall be given to the permit holder within thirty (30) days of the
suspension or revocation by the chief of police. The ruling of the
city manager shall be a final decision.
(b)
Suspension
or revocation of any wrecker permit may be accomplished by the chief
of police after a hearing before the chief of police. Notice of hearing,
the administrative action which may be taken, and the grounds therefor
shall be given to the permit holder ten (10) days prior to the hearing.
Mailing of said notice to the last known business address of said
permit holder shall constitute sufficient notice. Suspension or revocation
of a permit shall be accomplished by a notice in writing to the permit
holder which states that the suspension or revocation has occurred.
Such notice shall be given within ten (10) days of such suspension
or revocation. Appeals from an adverse ruling by the chief of police
shall be made in writing to the city manager within twenty (20) days
of such suspension or revocation, and such appeals shall be determined
by the city manager after a hearing of which the permit holder has
had reasonable notice. Written notice of the ruling by the city manager
shall be given to the permittee within thirty (30) days of the suspension
or revocation by the chief of police. Appeals from an adverse ruling
by the city manager shall be made in writing to the city secretary
within twenty (20) days of the adverse ruling by the city manager.
Such appeals shall be determined by the city council after a hearing
of which the permit holder has had reasonable notice. Such hearing
shall be held not less than ten (10) days and nor more then forty-five
(45) days after the written notice of appeal is received by the city
secretary.
(c)
If,
after any certificate has been suspended or revoked, the condition
for which it was suspended or revoked has been corrected, and proof
of such correction is made to the chief of police, then a new certificate
shall be issued upon proper application, fee payment, and proof of
meeting all requirements therefor.
(d)
If,
after removal of a permit holder from a collision wrecker rotation
list, application for reinstatement on said list has been made, said
permit holder shall be reinstated after three (3) days’ removal
if the condition for which the removal was accomplished has been corrected,
and if the chief of police has determined that the permit holder will
properly perform thereafter; provided that, upon the second such removal
within a four (4) month period, no reinstatement shall be had until
at least seven (7) days after the removal, and upon the third removal
within a twelve-month period, no reinstatement shall be had until
fourteen (14) days after the third removal. Repeated violations shall
be grounds for declining to reinstate any company to the collision
wrecker rotation list.
(e)
If
a permit holder’s permit is revoked, no permit shall be given
to that holder for a period of at least six (6) months from the date
of revocation.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.912)
This article does not require any person or towing or storage
business to obtain any permit or to pay any fees charged, save and
except such persons who desire to obtain a permit and meet the standards
herein provided in order to receive requests from the city for towing
vehicles and/or placement on the wrecker rotation list.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.913)
This article shall not prohibit the police department from calling in heavy-duty tow trucks from other cities as needed to clear roadways, or from calling in other wrecker companies should no permitted wrecker respond within the times and in the manner specified by other provisions of this article and particularly by section 4.06.007 herein.
(Ordinance 981 adopted 6/7/06; 2004 Code, sec. 4.915)
