In this article, the following words shall have the meanings
ascribed to them below:
means any occurrence that renders a vehicle wrecked or disabled.
means the Chief of Police of the City of Richland Hills,
or the chiefs designated representative.
means the City of Richland Hills, Texas.
means the towing of a vehicle at the request of the owner
or operator.
means a motor vehicle that has been rendered unsafe to be
driven as the result of some occurrence, including, but not limited
to, mechanical failure or breakdown, fire or vandalism, or a motor
vehicle that is in a safe driving condition but whose owner or operator
is not present, able or permitted to drive, so as to reasonably necessitate
that the vehicle be removed by a wrecker.
means every vehicle which is self-propelled.
means the towing of a vehicle without the prior knowledge
and consent of the owner or operator of said vehicle.
means a wrecker or tow-truck operator registered with the
State of Texas, who does not maintain a place of business within the
corporate limits of the City of Richland Hills.
means 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 drainage
way or curb of the roadway, whichever is further from the facility's
property line.
means an individual, firm, partnership, association, corporation,
company or organization of any kind.
means the towing of a vehicle at the request of the police
department of the city without the prior knowledge and consent of
the owner or operator of said vehicle. Examples include, but are not
limited to, vehicles towed when the driver is incapacitated following
an accident, vehicles towed when the driver has been arrested, vehicles
removed from public property without prior notification of the vehicle
owner, and seizures.
means the towing of a vehicle at the request of a private
property or parking facility owner without the prior knowledge and
consent of the owner or operator of said vehicle.
means a person engaged in the business of using a wrecker
to tow, winch or otherwise move a motor vehicle.
means 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.
means every mechanical device in, upon or by which any person
or property is or may be transported or drawn upon a public highway,
except devices moved by human power or used exclusively upon stationary
rails or tracks.
means a garage, parking lot, or other facility that is:
means a discarded, abandoned, junked, wrecked or worn out
motor vehicle that is not in a condition to be lawfully operated on
a public road.
means a vehicle designed to be used primarily for removing
wrecked or disabled vehicles, which is equipped with a mechanical
device used to tow, winch, or otherwise move a vehicle, and which
charges a fee for its services.
means a person engaged in the business of using a wrecker
to tow, winch or otherwise move a motor vehicle.
[Ord. No. 1291-15, § 1, 3-17-2015]
(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 without first
being properly licensed, insured and equipped in accordance with state
law and the Texas Department of Licensing and Regulation regulations.
(b)
A person
commits an offense if the person operates or employs another to drive,
or operate any wrecker over any street in the city for the purpose
of engaging in a non-consent tow, except as provided by this article.
(c)
It
is an affirmative defense to prosecution of a violation under this
article that the person is engaging in:
(1)
The transportation of a vehicle by a nonresident wrecker operator
from some point outside the city to some destination within the city;
(2)
The transportation of a vehicle by a nonresident wrecker operator
from some point outside the city and traversing the city to some other
destination outside of the city.
(d)
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
regulations.
[Ord. No. 1291-15, § 1, 3-17-2015]
(a)
The
city shall have the right to contract with one or more wrecker service
companies for all police non-consent tows in the city, for the towing
of city-owned vehicles, or for the towing of any vehicle made necessary
in the exercise of city's police and governmental functions, and to
store or impound such vehicles on the parking facility of such wrecker
service company. The following provisions shall apply with regard
to any wrecker service contracts entered into by the city.
(b)
The
city will first attempt to utilize the wrecker service company with
whom the city has entered into a contract on all non-consent tows.
If the city has contracted with more than one company, the city will
follow the contractual provisions or, in the absence of any governing
contractual provision, procedures established by the city manager,
to determine which contracted wrecker service company to utilize.
If no wrecker service company with whom the city has entered into
a contract is able to respond as required by the contract, the city
may call any licensed wrecker service company when there exists an
emergency situation or when deemed necessary by the chief of police
or his or her authorized representative. In all such cases, a report
will be forwarded to the chief of police describing the circumstances
involving such use.
[Ord. No. 1291-15, § 1, 3-17-2015]
The towing of vehicles from public streets shall fall into one
of two categories:
(1)
Consent
tow.
The operator of the vehicle or its owner must request
this tow-truck service by name. This tow-truck service is not required
to be on an approved listing to tow, but must be properly licensed
according to state law. An owner's request (consent tow) may be used
at the scene of an accident or on a vehicle that is abandoned, unless
the officer on the scene determines that the vehicle is hazardous
or that a time delay would endanger or hamper the general public's
safety, well-being, or the investigation. If the officer deems it
necessary, a "police non-consent tow" truck will be notified for immediate
removal.
(2)
Police
non-consent tow.
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 the wrecker service company that the city has a contract with under
this article to the nearest place of safety or to the premises of
said wrecker service company, 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)
When 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;
(11)
When in the opinion of the 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 upon that vehicle and, in the opinion of
a police officer, is unable to establish financial responsibility
under V.T.C.A., Transportation Code § 601.051;
(13)
When the vehicle is being held in a criminal case as evidence or
has been seized for forfeiture in civil actions; and/or
(14)
Where otherwise authorized by law.
[Ord. No. 1291-15, § 1, 3-17-2015]
No damaged or inoperative motor vehicle or vehicle shall be
removed by the owner or a wrecker service company from the scene of
a collision or vehicle accident without first notifying the Richland
Hills Police Department and receiving consent from the police department
for removal.
[Ord. No. 1291-15, § 1, 3-17-2015]
(a)
No
person shall drive a wrecker or tow-truck to or near the scene of
an accident within the city unless such tow-truck has been called
to the scene by the owner of a vehicle involved, or the vehicle owner's
authorized representative, or by the police department, or by the
owner of private property on which the vehicle is located. Each such
tow-truck operator, when called directly by the vehicle owner or his
representative, shall notify the police department before proceeding
to the scene of the disabled vehicle at the accident scene.
(b)
No
employee of the city shall recommend to any person, directly or indirectly,
either by word or gesture, sign or otherwise, the name of any particular
person or firm engaged in the tow-truck business, nor shall any city
employee influence or attempt to influence, in any manner, a decision
of a person in choosing or selecting a tow-truck service, company
or operator.
[Ord. No. 1291-15, § 1, 3-17-2015]
Each wrecker company called to the scene of an accident shall
completely remove from the street all resulting wreckage or debris,
including all broken glass, before leaving the site, and shall exercise
reasonable caution in doing so. In the event such wreckage or debris
cannot be removed safely without police intervention, the wrecker
operator shall notify the police department and request such assistance
as is necessary.
[Ord. No. 1291-15, § 1, 3-17-2015]
Except as expressly permitted elsewhere in this article, no
person or firm shall operate a tow-truck business in any manner, directly
or indirectly, within the city limits for the purpose of towing a
vehicle without the direct and express consent of the owner of the
vehicle being towed, unless that tow-truck or company has made the
proper notification as prescribed by law to the police department,
prior to the removal of the vehicle. Proper notification is deemed
as the location the vehicle is being removed from, removed by whom,
removed to what location, removed by whose authority, and a complete
description of the vehicle, in a written manner on the prescribed
form at the police department.
[Ord. No. 1291-15, § 1, 3-17-2015]
(a)
Contractual
tow-trucks; private property towing; non-consent towing.
(1)
A tow-truck service towing and/or a vehicle storage facility accepting
a non-consent towed vehicle towed from private property must report
that tow to the police department. The report must be made within
30 minutes of removing the vehicle, giving a general description of
the vehicle, the vehicle license plate number and issuing state, vehicle
identification number (VIN), location from which it was removed, where
it is stored, contact information of the vehicle storage facility,
and of the persons authorizing the vehicle to be removed.
(2)
Any tow-truck operator or wrecker operator who performs a non-consent
tow in the city shall keep written records on each vehicle it tows
as a non-consent tow. These records shall contain:
a.
The year, make, model, color, correct license plate number, state
issuing the license, correct VIN of the vehicle, and the owner's or
operator's name if reasonably available;
b.
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;
c.
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;
d.
All amounts charged for the towing of such vehicle, and the specific
nature of each charge; and
e.
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, and/or parking in a fire lane or other violation.
(3)
The tow-truck operator or wrecker operator, his agent or employee
shall make these records available for inspection and copying by the
chief of police or his or her designee upon his or her 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.
(4)
Required records shall be kept under care and custody of the tow-truck
operator or wrecker operator for at least two years from the date
of the tow.
(b)
Parking
facility signage and posting requirements.
(1)
Every parking facility owner who causes or authorizes a non-consent
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 and address of the vehicle storage facility the
vehicle is removed to.
(2)
Every parking facility owner who causes or authorizes a non-consent
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 non-consent tow contract.
[Ord. No. 1291-15, § 1, 3-17-2015]
Regardless of any general contractual or "patrol account" arrangement
which may exist between a tow-truck operator, wrecker operator, or
towing company and a parking facility owner, it is a violation of
this article to make a non-consent 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 operator or wrecker operator. 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.
[Ord. No. 1291-15, § 1, 3-17-2015]
(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 non-consent
tow fee set by state regulation.
(b)
A towing
company or vehicle storage facility operator may not charge any other
fee for a non-consent tow or service related to a non-consent 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 non-consent tow attempts to retrieve
the motor vehicle before its removal from the property or parked location,
the maximum amount that may be charged for a drop fee (if the motor
vehicle is hooked up) is the maximum fee permitted by state regulation.
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 regulations
as they pertain to acceptable 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.
(e)
This
section in no way prohibits tow-truck operators or wrecker operators
from charging fees of a lesser amount.
[Ord. No. 1291-15, § 1, 3-17-2015]
(a)
Upon
contact with the owner or operator of a vehicle which is the subject
of a non-consent tow, the towing company or a vehicle storage facility
operator, or any employee or agent, shall give written notice to the
vehicle owner or operator of the information required by this section.
If there is no person-to-person contact, then this notice shall be
mailed or faxed to the registered owner of the vehicle.
(b)
The
intent of this section is that the owner or operator of a vehicle
that is the subject of a non-consent tow receive written information
from the towing company or vehicle storage facility operator, in order
to enhance the safety in a potentially volatile situation and allow
safe, prompt, legal and orderly vehicle retrieval after a non-consent
tow without a breach of the peace by any party:
(1)
The name, address and phone number of the towing company and the
vehicle storage facility;
(2)
The name and address of the property owner that authorized the tow;
(3)
The methods of payment accepted by the towing company and vehicle
storage facility;
(4)
An address for citizens to file written complaints with the city.
[Ord. No. 1291-15, § 1, 3-17-2015]
(a)
Upon
initial contact with the owner of a vehicle which is the subject of
a non-consent tow, a wrecker service operator, a vehicle storage facility
operator, or any employee or agent thereof shall give written notice
to the vehicle owner of his right to a hearing that meets the requirements
of the Texas Occupations Code. A person commits an offense if with
criminal negligence he fails to provide notice as provided by this
subsection.
(b)
When
a police non-consent tow is performed, the owner of said vehicle shall
be afforded the right to a hearing in the justice court in accordance
with V.T.C.A., Occupations Code § 2308.452. This hearing shall
be pursuant to the procedures outlined in V.T.C.A., Occupations Code
ch. 2308.
(c)
Unless
a police hold is placed upon a vehicle towed pursuant to a police
non-consent tow, it shall be the responsibility of the towing company
or wrecker service company to determine whether the vehicle should
be released, when it should be released and to whom it should be released.
(d)
Non-consent
towed vehicles removed from a location within the city shall not be
taken to a storage facility which is more than 30 miles from the location
from which the vehicle was removed.
(e)
Non-consent
towed vehicles removed from a location within the city shall not be
taken to a storage facility that does not comply with state law and
the Texas Department of License and Regulation regulations as they
pertain to acceptable methods of payment.
(f)
Wrecker
operators must be available to release vehicles 24 hours each day
and must respond within one hour of request of the property owner
and release the vehicle upon payment of the required fees.
(g)
No
damaged or inoperative motor vehicle or trailer shall be removed by
the owner or a wrecker service company from the scene of a collision
or vehicle accident without notification to the police department.
(h)
No
persons shall solicit any wrecker business in any manner, directly
or indirectly, on the streets of the city at or near the scene of
an accident or of wrecked or disabled vehicles.
(i)
The
chief of police or an authorized representative shall enforce the
terms of this article and make such inspection of facilities as deemed
necessary. Any variance from the provisions of this article must be
approved in advance in writing by the chief of police.
(j)
All
wreckers shall be driven at posted speeds, unless otherwise directed
by the officer in charge at the scene of the accident.
(k)
The
wrecker company shall furnish the police department with the description
and registration number of any vehicle of which the company has been
unable to locate the owner. This information shall be furnished within
ten days from the date the company took custody of the vehicle. Additionally,
each wrecker company shall furnish the police department with a monthly
report of all vehicles impounded upon request by the police department.
Such report will indicate the year, make, model, license plate number
and VIN number of such impounded vehicle, along with the date towed,
reason towed, date released, and person to whom the vehicle was released.
[Ord. No. 1291-15, § 1, 3-17-2015]
(a)
Any person who violates any provision of this article except section 50-161 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 50-161 of this article shall upon conviction be punished by a fine provided in V.T.C.A., Occupations Code § 2308.505.
(b)
Each
act of violation and each day in which a violation is permitted to
continue shall constitute a separate offense.
[Ord. No. 1291-15, § 1, 3-17-2015]
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.
[Ord. No. 1291-15, § 1, 3-17-2015]
