The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any occurrence which renders a vehicle wrecked or disabled,
as defined in this section.
means the chief of police for the city or the person designated
by him to act in his stead for the purposes of this article.
means authorization granted to a towing company by the city
under this article to tow vehicles within the city.
means any entity possessing a current, valid city permit
to tow vehicles within the city.
means any tow of a 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 "consent tow" does not
include an incident management tow or a private property tow.
means the status of any vehicle which had been rendered unsafe
to be driven upon the streets as the result of some occurrence other
than a wreck, including, but not limited to, mechanical failures or
breakdowns, fire, the elements, or vandalism, so as to reasonably
necessitate that such vehicle be removed by a tow truck.
means:
Any substance classified as a hazardous material under state
or federal law or under a rule adopted pursuant to state or federal
law; or
A chemical petroleum product, gas or other substance that, if
discharged or released, will or is likely to create an imminent danger
to individuals, property or environment.
means any tow of a vehicle in which the tow truck is summoned
by a peace officer because of a traffic accident or to an incident.
means any tow of a vehicle that is not a consent tow, including
an incident management tow and a private property tow.
means public or private property used, wholly or partly,
for restricted or paid vehicle parking. The term "parking facility"
includes:
A restricted space on a portion of an otherwise unrestricted
parking facility; and
A commercial parking lot, a parking garage, and a parking area
serving or adjacent to a business, church, school, home, 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 the curb of the roadway, whichever is farther from the facility's
property line.
means:
An individual, corporation, partnership, limited partnership,
limited liability company, association, trust, or other legal entity
owning or operating a parking facility;
A property owners' association having control under a dedicatory
instrument, as that term is defined in V.T.C.A., Property Code § 202.001,
over assigned or unassigned parking areas; or
A property owner having an exclusive right under a dedicatory
instrument, as that term is defined in V.T.C.A., Property Code § 202.001,
to use a parking place.
means the City of Brookshire Police Department and its officers,
authorized employees and agents.
means an incident management tow initiated when the police
department calls a rotation contract holder from a rotation list.
means any tow of a vehicle authorized by a parking facility
owner without the consent of the owner or operator of the vehicle.
means a state-issued permit required for a tow truck used
to perform a non-consent tow authorized by a parking facility owner.
A tow truck permitted for this type of tow may also be used for consent
towing but not for incident management towing, in accordance with
V.T.C.A., Occupations Code § 2308.104.
means a public street, alley, road, right-of-way, or other
public way, including paved and unpaved portions of the right-of-way.
means an agreement between the city and a towing company
to perform police tows.
means a towing company contracted with the city to perform
police tows.
means any list prepared in accordance with a rotation contract
and the provisions of this article.
means the State of Texas and its offices, departments and
agencies.
means a motor vehicle, including a wrecker, equipped with
a mechanical device used to tow, winch, or otherwise move another
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 highway in the state, but does not include
a political subdivision of the state.
means a device in, on, or by which a person or property may
be transported on a public roadway. The term "vehicle" includes an
operable or inoperable automobile, truck, motorcycle, recreational
vehicle, or trailer, but does not include a device moved by human
power or used exclusively on a stationary rail or track.
means a person:
Named as the purchaser or transferor in the certificate of title
issued for the vehicle under V.T.C.A., Transportation Code ch. 501;
In whose name the vehicle is registered under V.T.C.A., Transportation
Code ch. 502, or a member of the person's immediate family;
Who holds the vehicle through a lease agreement;
Who is an unrecorded lien holder entitled to possess the vehicle
under the terms of a chattel mortgage; or
Who is a lien holder holding an affidavit of repossession and
entitled to repossess the vehicle.
means a vehicle storage facility, as defined by V.T.C.A.,
Occupations Code § 2303.002, that is operated by a person
who holds license issued under V.T.C.A., Occupations Code ch. 2303
to operate the facility.
means the status of any vehicle damaged in any manner of
collision which renders the vehicle inoperable mechanically or unsafe
to operate.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
The
prohibitions and requirements of this article shall apply to all vehicles
towed on public roadways located in the city. This article shall also
apply to vehicles seized by the police department.
(b)
Any
tow truck operated within the city shall be in full compliance with
all applicable state and federal rules, including, but not limited
to, those pertaining to vehicle registration, insurance and safety
equipment.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
The prohibitions and requirements of this article shall not
apply to any person who necessarily must act immediately to prevent
death or bodily injury to any person involved in an accident.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
A vehicle may be pushed or towed by a vehicle other than a permitted
tow truck only when it does not reasonably require removal by a tow
truck and only when such may be done in a safe and legal manner.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
A towing
company that desires to tow vehicles shall obtain a city permit from
the city. Companies that desire to perform police tows shall enter
into a rotation contract with the city. All non-consent tows shall
terminate within three miles of the corporate city limits, except
when directed by a law enforcement agency.
(b)
An
applicant for a new or renewal city permit shall submit, on a form
provided by the city, a verified application containing or accompanied
by the following:
(1)
The true name, the trade name, location and mailing address, and
telephone number of the towing company;
(2)
The name, date of birth and home address of the applicant if a sole
proprietorship;
(3)
The name, date of birth and home address of each partner if the applicant
is a partnership;
(4)
The name, date of birth and home address of each corporate officer,
if the applicant is a corporation;
(5)
The name, address and driver's license number of every tow truck
driver employed by the applicant;
(6)
The location of the applicant's vehicle storage facility and a photocopy
of the state license for the facility;
(7)
A certificate from the city/county tax assessor-collector that all
city taxes on all properties, real and personal, to be used in connection
with the applicant's business are current;
(8)
A certificate of liability insurance issued by a company authorized
to do business in the state which identifies coverage in the amounts
required under this article; and
(10)
Copies of all permits as issued by the state for specific types of
towing (incident management towing, private property towing and/or
consent towing);
(11)
Copies of all appropriate licenses for each tow truck driver and
towing company;
(12)
Copies of continuing education requirements for license holders.
(c)
Every
application for a new or renewal city permit and/or rotation contract
required under this article shall be sworn to by the applicant or
city permit and/or rotation contract holder, and shall be accompanied
by payment of a fee established by separate ordinance.
(d)
No
city permit or rotation contract shall be transferred or assigned
from any person or company to another. When any change of ownership
or change of controlling interest occurs, any existing city permit
and/or rotation contract shall immediately terminate.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
All
police tows shall be undertaken pursuant to the terms and conditions
of a rotation contract specifically executed between the city and
the towing company. All such related services and fees shall be established
as a provision of the contract for services.
(b)
The
city may not execute a rotation contract with a towing company if:
(1)
One or more of the following entities has been convicted of a felony
or crime of moral turpitude and five years has not elapsed since the
conviction and completion of any sentences, parole, or probation that
resulted from the conviction:
a.
The towing company;
b.
Any of the towing company's owners or officers;
c.
Any of the towing company partners, if the towing company is a partnership;
d.
Any of the towing company's managers or members who have authority
to make decisions on behalf of the entire company, if the towing company
is a limited liability company;
e.
Any of the towing company's directors, if the towing company is a
corporation or other entity with directors;
f.
Any of the towing company's trustees, if the towing company is a
trust;
g.
Any owner of all or part of a vehicle storage facility or any tow
truck utilized by the towing company; or
(2)
One or more of the following entities owes delinquent fees or taxes
to the city or county:
a.
The towing company;
b.
Any of the towing company's owners or officers;
c.
Any of the towing company partners, if the towing company is a partnership;
d.
Any of the towing company's managers or members who have authority
to make decisions on behalf of the entire company, if the towing company
is a limited liability company;
e.
Any of the towing company's directors, if the towing company is a
corporation or other entity with directors;
f.
Any of the towing company's trustees, if the towing company is a
trust;
(c)
If
a towing company foregoes two or more rotation requests in a month
that may be grounds for a reprimand.
(d)
The
towing company applicant must fully complete and verify a rotation
contract application, which shall be in a form promulgated by the
chief of police.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
The
city shall issue a city permit to every towing company complying with
this article unless legal grounds exist for denying such a permit.
(b)
The
city shall issue to each city permit holder an inspection permit for
each tow truck that passes an inspection. The inspection permit shall
be prominently displayed on the left side of the front windshield.
(c)
Operating
a tow truck without an inspection permit issued by the city, as required
by this article, shall be unlawful.
(d)
Any
person permitting the operation of a tow truck owned by that person
or by another legal entity of which the person is an agent when the
tow truck does not have an inspection permit issued by the city as
required by this article is committing a violation of this article.
(e)
Every
city permit shall expire at 11:59 p.m. on December 31st of each year.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
Every towing company having a city permit shall carry general
liability coverage of $1,000,000.00 each occurrence and workers' compensation
or accident insurance with the City of Brookshire listed as payee
in the amounts required by V.T.C.A., Occupations Code § 2308.001
et seq.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
The
chief of police is authorized to establish rotation lists for police
tows. The lists are composed of tow truck companies that have entered
into rotation contracts with the city, and that have requested and
are qualified to appear on a particular list. The police department
shall establish and maintain these lists so as to alternate among
the towing companies as much as practicable while ensuring each towing
company receives all of its allotted rotation list slots. From the
rotation lists, the police department shall call a towing company
to:
(1)
Remove a wrecked or disabled vehicle, or a vehicle in safe driving
condition, but whose owner is not present, able or permitted to drive
or to make authorizations;
(2)
Remove a wrecked or disabled vehicle when the owner fails to designate
a specific repair place or tow truck operator to remove his vehicle,
and has authorized the police department to call a tow truck; and
(3)
Remove a vehicle that the police department has determined is evidence
or that may contain evidence in a criminal investigation.
(b)
If
the owner of a disabled vehicle is physically unable to designate
to a police officer on the scene a city permit holder to remove the
vehicle or the owner fails or refuses to designate one or has no preference,
the police officer shall communicate that fact immediately to the
police communications center or its authorized agent. The police communications
center or its authorized agent shall then call the city permit holder
next in line on the appropriate city rotation list and request the
permit holder to tow the vehicle from the scene. After the last city
permit holder on the rotation list has been called, the next such
call shall go to the first city permit holder on the rotation list.
(c)
If
the owner of the vehicle does not designate a city permit holder,
and the police officer contacts the communications center requesting
a tow, the dispatch of the call shall constitute a police tow. The
responding rotation contract holder shall deliver the vehicle to the
location requested by the owner; however, the call remains a police
tow. The vehicle owner shall pay the towing fees in this situation
and the towing company may charge reasonable towing fees for this
service.
(d)
If,
after arrival at the scene, the police officer in charge determines
that additional assistance is needed, the police dispatch shall dispatch
immediately the next towing company on the rotation list.
(e)
If,
after arrival at the scene, and before the tow truck begins to hook
to the vehicle, the owner of the vehicle requests the vehicle to be
towed by their preferred towing company that holds an IM (incident
management) license, the police officer may inform the tow truck driver
to leave the vehicle at the scene. At that point, the police officer
shall notify the communications center to place the rotation contract
holder back at the top of the rotation list.
(f)
If
the city permit holder on the rotation list is unable to respond to
the scene within 20 minutes from dispatch, then the police department
dispatch shall call the next city permit holder on the rotation list.
(g)
No
city permit holder shall use any other towing company in their place
for rotation calls.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
An
applicant for a city permit required under this article or an applicant
for a permit renewal shall own or lease the following:
(1)
The types of tow trucks and equipment required to safely conduct
tows in accordance with the provisions of V.T.C.A., Occupations Code
§ 2308.001 et seq.
(2)
Storage facility.
The applicant must own at least one
storage facility licensed under the Texas Occupations Code and be
in full compliance with all relevant state statutes. The facility
shall be located within three miles of the corporate city limits.
If not enclosed by a five-foot high fence on or before September 1,
1985, the facility must be completely enclosed with a six-foot fence
that completely blocks the view of the yard from the public, and include
locks and other security devices as necessary to maintain security
of stored vehicles. A towing company is not required to own or lease
a storage facility if it only tows vehicles owned by the towing company.
(b)
A towing
company that wishes to enter into a rotation contract with the city
shall have, at the minimum, two of the following or a combination
of the following tow trucks:
(1)
Medium duty tow truck capable of towing motor vehicles with a gross
weight rating of more than 10,000 pounds, but less than 25,000 pounds.
Should a towing company choose to operate one or more medium duty
tow trucks, at least one of the medium duty tow trucks shall have
a boom and winch rated at not less than 8,000-pound lift capacity
fully extended and a wheel lift device rated at not less than 6,000
pounds.
(2)
Heavy duty tandem axle tow truck capable of towing motor vehicles
with a gross weight rating that exceeds 25,000 pounds and equipped
with a minimum of a 12,000 pound wheel lift under reach fully extended,
a minimum of two 35,000 pound winches, and a boom rated at not less
than a 35-ton lift capacity.
(3)
Light duty tow truck must be equipped with a manufactured wrecker
bed. It shall have a boom and winch rated at not less than 8,000-pound
lift capacity and a wheel lift device rated at not less than 4,500
pounds.
(4)
Roll back must have a gross vehicle weight rating of 19,500 pounds
or greater and have a steel bed of at least 14-foot length.
(c)
A towing
company that wishes to be on the heavy duty rotation list and work
major accidents shall have at least one heavy duty vehicle registered
and permitted with the City of Brookshire.
(d)
At
a minimum, all tow trucks shall be equipped with the following equipment,
which at all times shall be maintained in working order:
(1)
Thirty-six-inch wrecking bar;
(2)
Towing lights;
(3)
Emergency overhead amber and red warning lights;
(4)
Safety chain;
(5)
Fire extinguisher (A.B.C. Type), ten-pound minimum required;
(6)
Broom;
(7)
Shovel;
(8)
Reflectors or traffic cones;
(9)
Trash container;
(10)
Hazardous material cleanup (i.e. sand, kitty litter).
(e)
Each
tow truck shall have the name, city and state of the city permit holder,
as shown on its permit, on each side of the tow truck. The name, city,
state and telephone number of the towing company shall appear in letters
at least two inches high, which are permanently affixed, legible and
on a contrasting background. Magnetic or other forms of removable
signs shall not comply with this requirement.
(f)
All
trucks requesting to be on the rotation list must be registered in
the City of Brookshire.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
Any holder of a city permit or an applicant for a city permit
required under this article, by virtue of making application, agrees
to allow the inspection of tow trucks, tow truck equipment and storage
facilities by the chief of police between the hours of 8:00 a.m. and
5:00 p.m. on weekdays. In addition, each tow truck and the required
equipment authorized under a contract shall be subject to intermittent
inspection to ensure compliance with this article. 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. The chief of police shall issue an inspection permit for
each tow truck utilized by a towing company that has passed inspection.
The inspection permit shall have written upon it the vehicle identification
number of the tow truck to which it is affixed. The inspection permit
shall be prominently displayed on the left side of the front windshield.
A tow truck that fails an inspection or that is not made available
for inspection within three business days after written request for
inspection by the chief of police shall not be issued an inspection
permit, and any previously issued inspection permit issued to that
tow truck shall be void. A towing company that wishes to have a tow
truck inspected after the truck has failed or been unavailable for
inspection must send a request for inspection to the chief of police
in writing, and must pay a $100.00 inspection fee for each failing
or unavailable tow truck that the towing company wishes to have inspected.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
A city
permit holder performing consent tows may collect fees that are deemed
reasonable in accordance with the provisions set forth in V.T.C.A.,
Occupations Code § 2308.001 et seq. and are based on the
City of Houston rate study.
(b)
City
permit holders performing non-consent tows shall not charge fees that
exceed the maximum amounts set in the City of Houston rate study.
(c)
Rotation
list towing fees.
(1)
Light duty towing (towing a vehicle with a gross vehicle weight of
10,000 pounds or less) fee will be the amount set by the City of Houston
rate study.
Use of a dolly. No additional fees shall be
charged for the use of a dolly.
(2)
Medium duty towing (towing a vehicle with a minimum gross vehicle
weight of more than 10,000 pounds and less than 25,000 pounds) fee
will be the amount set by the City of Houston rate study.
(3)
Heavy duty towing (towing a vehicle with a minimum gross vehicle
weight of 25,000 pounds or more) fee will be the amount set by the
City of Houston rate study.
(d)
Extra
equipment.
If the towing company is required to rent
or lease a piece of equipment which is not required in the normal
operation of a towing company, the cost for lease or rental of such
equipment may be passed on to the vehicle owner.
(e)
Number
of tow truck employees to respond for heavy duty accidents.
A minimum of two towing company employees must respond and share
the responsibilities with each heavy duty tow truck to expedite the
clearing of the roadway and increase safety. Failure to respond with
two towing company employees will be counted as a failure to respond
and the tow truck will not be allowed to work the scene.
(g)
When
establishing or amending the allowable fees for non-consent tows,
the amounts shall represent the fair value of the services of a towing
company and are reasonably related to any financial or accounting
information provided to the city. In accordance with V.T.C.A., Occupations
Code § 2308.203, the city establishes the following procedures
relating to towing fee studies to be followed upon a request from
a towing company that a study be performed. The following list is
not all inclusive:
(1)
The chief of police shall request financial records from the requesting
towing company as they relate to vehicle insurance, registrations
and operating costs;
(2)
The chief of police shall obtain current fuel prices;
(3)
The chief of police shall review towing fees from other cities of
similar population;
(4)
The chief of police shall submit a recommendation to the mayor for
action. Recommended increases shall be taken to the city council for
consideration.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
Fence
must be at least six feet high and shall completely block the yard
and/or lot from the view of the public on all sides.
(b)
Lot/yard
must be able hold a minimum of 15 vehicles or one tractor and trailer.
(c)
Provide
off-street parking for at least four customer vehicles.
(d)
On-site
office at the lot/yard shall be manned by personnel Monday through
Friday from 8:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m. to 12:00
p.m. (noon), excluding federal holidays, unless under 24 hours surveillance
and data is stored no less than 30 days and ensure that time and date
stamp are accurate.
(e)
Shall
be accessible via telephone 24 hours a day, 365 days a year.
(f)
If
accepting vehicles 24 hours a day, all storage yard/lots shall have
vehicles available for release 24 hours a day within one hour of the
customer arrival to the yard.
(g)
Yard/lot
shall be at least 5,000 square feet.
(h)
All
tow slips/invoices shall be kept on-site or stored in digital format
and accessible to the Brookshire Police Department upon request, for
a minimum of five years. Required documentation must be stored in
a manner that provides back up to the initial storage space.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
Under
this article, a city permit holder may charge the owner of the vehicle
a storage fee and other charges as permitted by V.T.C.A., Occupations
Code § 2303.001 et seq.
(b)
If
the owner or any lien holders of record does not reclaim the vehicle
within the time period prescribed by law, the vehicle shall be deemed
abandoned and used or sold in accordance with the requirements of
V.T.C.A., Occupations Code ch. 2303.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
A police officer investigating or present at any scene where
the services of a tow truck are reasonably anticipated to be necessary
shall not directly or indirectly recommend to any person the name
of any towing company, nor shall any such police officer influence
or attempt to influence in any manner the decision of any person on
choosing or selecting a towing company.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
No person shall drive or cause to be driven a tow truck to or
near the scene of an accident on a public roadway unless such person
has been called to the scene by the police communications center or
its authorized agent or by a party involved in the accident; unless
a wrecker is needed to prevent death or bodily injury to any person
involved in an accident or collision.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
It
shall be the obligation of all city permit holders to operate towing
companies so as to provide safe and prompt removal of wrecked, disabled
or police tow vehicles when properly called upon to do so in accordance
with this article.
(b)
The
duty to provide safe and prompt towing service upon call includes,
but is not limited to, the following specific duties:
(1)
Upon arrival at the scene of an accident, towing company personnel
shall take directions from the police officer in charge of that scene.
(2)
Any person who tows any vehicle from the scene of an accident shall
remove debris of the accident from the public roadway. This duty specifically
includes removal of all broken glass and metal fragments from the
public roadway and the removal of any load of any vehicle from the
traveled portion of the public roadway so as to eliminate any hazard
to vehicular traffic. This does not include responsibility to unload
cargo from a vehicle in order to permit hauling of the cargo separately.
Debris shall be disposed of in a manner which will keep it out of
gutters, storm sewers, streams, public rights-of-way and property
not belonging to the towing company. The officer on the scene of an
accident may provide assistance in locating a place for disposal of
such debris.
(3)
No city permit holder shall store any vehicles or tow trucks on the
public roadways or rights-of-way. City permit holders shall use reasonable
care in the storage of property not belonging to the permit holder
so as to minimize the risk of theft or damage.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
A towing
company that tows a vehicle from a parking facility without the vehicle
owner's permission shall within one hour after receiving the vehicle
report (by telephone, in person, or by facsimile) to the police department:
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
Any complaint regarding a towing company shall be submitted
in writing to the chief of police. The complaint shall be specific
as to the allegations and shall be signed by the individual submitting
the complaint. Complaints will be investigated to the fullest extent
possible.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
In
lieu of or in addition to any criminal prosecution or civil remedy
for the violation of any section of this article, the chief of police
shall have, as to the holder of any city permit or as to any applicant
therefore, the duty and authority to enforce this article by administrative
action in accordance with these principles and procedures.
(b)
The
proper and safe functioning of towing companies has critical impact
on the health, safety and welfare of the public and involves use of
the public roadways, often in circumstances necessitating prompt removal
of dangerous obstructions to traffic on public roadways; therefore,
the privilege of any person to be a city permit holder operating a
towing company in the city shall be subjected to strict regulation
in order to protect the public.
(c)
For
purposes of invoking any administrative remedy against a city permit
holder, the acts or omissions of any agent or employee of the city
permit holder shall be considered to be the acts or omissions of the
city permit holder.
(d)
A city
permit holder may receive a written reprimand for any of the following
offenses:
(1)
Failure to properly clean up debris at an accident scene;
(2)
Failure to maintain a licensed storage facility as required by this
article;
(3)
Driving any tow truck to or from the scene of an accident in a manner
which endangers the life or safety of any person;
(4)
Failure to maintain in effect any insurance required by this article;
(5)
Charging a fee in excess of the amounts authorized by this article;
(6)
Permitting a tow truck to be operated by anyone while under the influence
of prescription drugs which could be reasonably anticipated to interfere
with a driver's ability to operate the tow truck;
(7)
Permitting a tow truck to be operated by anyone while under the influence
of alcohol or illegal drugs which could be reasonably anticipated
to interfere with a driver's ability to operate the tow truck;
(8)
Permitting a tow truck to be operated by anyone whose operator's
or driver's license is suspended;
(9)
Any sustained complaint of theft by employees of the towing company
while acting in their capacity as employees of the towing company,
whether occurring during a police tow or otherwise;
(10)
Any sustained complaint of threats made by employees of the towing
company while acting in their capacity as employees of the towing
company made against third parties during a police tow or otherwise;
(11)
Failing to comply with all directions of the police department while
performing related activities on a public roadway; or
(12)
Failure to comply with any state or federal law or city ordinance
related to the operation of a towing company.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
The
city may, without warning, notice, or hearing, suspend any city permit
if the operation of the towing company constitutes an imminent hazard
to public health or safety. When possible, a supervisor will confirm
the hazard before suspension is effective. Suspension is effective
upon service of the notice required by this article. When a permit
is suspended, towing operations shall immediately cease.
(b)
The
city may suspend a towing company that receives two reprimands within
a permit period for up to 30 days. The city may indefinitely suspend
a towing company that received three or more reprimands within a one-year
period.
(c)
Whenever
a city permit is suspended, the holder of the city permit shall be
notified in writing that the permit is, upon service of the notice,
immediately suspended. Opportunity for a hearing will be provided
if the city permit holder files a written request with the city administrator
or designee within five business days.
Whenever a city permit is suspended, the city permit holder
shall be afforded an opportunity for a hearing within ten days of
receipt of a request for a hearing. If no written request for a hearing
is filed within five business days, the suspension is sustained and
becomes final.
(d)
A notice
as required in this article is properly served when it is personally
delivered to the holder of the city permit or when it is sent by registered
or certified mail, return receipt requested, to the last known address
of the city permit holder. A copy of the notice shall be filed in
the records of the city.
(e)
The
mayor, or his designee, shall conduct the hearings provided for in
this article at a time and place designated by him. Based upon the
recorded evidence of such hearing, the city administrator or designee
shall make final findings and shall sustain, modify or rescind any
notice or order considered in the hearing. A written report of the
hearing decision shall be furnished to the city permit holder by the
city administrator or designee.
(f)
In
the event the city suspends or indefinitely suspends a permit holder
for cause, and the cause for such suspension or indefinite suspension
is determined to be invalid, the permit holder's sole remedy shall
be reinstatement.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
(a)
Any
business or person who shall intentionally, knowingly, recklessly,
or with criminal negligence, violate any provision of this article
shall be deemed guilty of a misdemeanor and, upon conviction, shall
be punished by a fine of not more than $500.00 in accordance with
the City of Brookshire Code of Ordinances.
(b)
It
shall be a defense to prosecution of any violation of this article
that a person violated this article while acting to prevent imminent
death or bodily injury to any person involved in an accident.
(Ordinance 19-655-14, § 1,
adopted 1/3/2019)
