In this article, the following words shall have the meanings ascribed to them below:
Accident
means any occurrence that renders a vehicle wrecked or disabled.
Chief of police
means the Chief of Police of the City of Richland Hills, or the chiefs designated representative.
City
means the City of Richland Hills, Texas.
Consent tow
means the towing of a vehicle at the request of the owner or operator.
Disabled vehicle
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.
Motor vehicle
means every vehicle which is self-propelled.
Non-consent tow
means the towing of a vehicle without the prior knowledge and consent of the owner or operator of said vehicle.
Non-resident wrecker operator
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.
Parking facility
means public or private property used, wholly or partly, for restricted or paid parking. The term includes:
(1) 
A restricted space on a portion of an otherwise unrestricted parking facility; and
(2) 
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. 
A portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and
b. 
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.
Person
means an individual, firm, partnership, association, corporation, company or organization of any kind.
Police non-consent tow
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.
Private non-consent tow
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.
Tow-truck operator
means a person engaged in the business of using a wrecker to tow, winch or otherwise move a motor vehicle.
Towing company or wrecker service company
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.
Vehicle
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.
Vehicle storage facility
means a garage, parking lot, or other facility that is:
(1) 
Owned by a person other than a governmental entity;
(2) 
Used to store or park at least ten vehicles each year; and
(3) 
That is operated by a person who holds a license issued under V.T.C.A., Occupations Code ch. 2303 to operate the facility.
Wrecked vehicle
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.
Wrecker
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.
Wrecker operator
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.
(c) 
Proper notification.
A facsimile transmission of the authorized police department form shall be considered proper notification under both section 50-158 and subsection (a) above.
[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]