(a)
The city, pursuant to the authority granted by state law, in
order to protect the public, to protect the rights of persons whose
vehicles may be towed, to maintain safe and efficient operating rules
and to preserve the peace of the community, hereby engages in the
licensing and regulation of business enterprises engaged in the nonconsent
towing, removing and storing of motor vehicles in the incorporated
areas of the city.
(b)
The purpose and intent of this article is to regulate nonconsent
tows initiated by a police officer or city official, to the extent
not preempted by federal or state law. This article shall not apply
to consent tows from public or private property within the city.
(Ordinance 1234 adopted 3/16/2023)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
The chief of the City of Coleman police department or the
chief's designee.
The City of Coleman, including all areas within the incorporated
areas of the city.
The city manager or the manager's designee.
Any tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle. The term does not include an incident
management tow.
The city police department.
To take action or remove a vehicle within twenty (20) minutes.
Any tow of a vehicle in which the tow truck is summoned to
the scene of a traffic accident or an incident, including the removal
of a vehicle, commercial cargo, and commercial debris from an accident
or incident scene.
A plate permanently affixed to either a truck or towing equipment
by the manufacturer which states the truck's or equipment's
gross poundage capacity.
Any tow of a motor vehicle that is not a consent tow, including
an incident management tow.
A rotation list of towing businesses that the city may use
for nonconsenting tows, which appear on a rotation list prepared in
accordance with the provisions of this article.
Any person who holds the legal title to a motor vehicle or
is the registered owner of a motor vehicle, any person who has the
legal right of possession thereof, or any person who is the authorized
representative of such person.
A law enforcement officer as defined in V.T.C.A. Code of
Criminal Procedure, art. 2.12. The term includes a peace officer employed
by the city.
Any public street, alley, road, right-of-way, park, or other
public way, including paved and unpaved portions of the right-of-way,
unless otherwise stated.
The location and surrounding area of an accident, collision,
or mechanical failure of one or more vehicles.
Refers to all laws governing vehicle towing in the state
including but not limited to Administrative Rules of the Texas Department
of Licensing and Regulation 16 Texas Administrative Code, chapter
86, as amended, the Texas Occupations Code and the Texas Transportation
Code, as amended.
A motor vehicle, including a wrecker, equipped with a mechanical
device used to tow, winch, or otherwise move another motor vehicle.
A person or legal entity operating a tow truck registered
under V.T.C.A. Transportation Code, ch. 643, Vernon's Texas Civil
Statutes. The term "towing business" includes the owner, operator,
employee, or agent of a towing business, but does not include cities,
counties, other political subdivisions of the state, or the federal
government.
Every kind of device in, upon, or by which any person or
property is or may be transported or drawn on a public roadway, except
devices moved by human power or used exclusively on stationary rails
or tracks. The term includes an operable or inoperable motor vehicle,
automobile, truck, motorcycle, recreational vehicle, or trailer.
The site to which a towing business tows and/or stores vehicles
and includes a facility which the towing business owns or for which
the towing business has a contract to store vehicles. The site must
be licensed by the state.
(Ordinance 1234 adopted 3/16/2023)
(a)
The peace officer in charge at a scene, may, if the safety of
the public requires it, take any steps needed to ensure public safety
in accordance with applicable local, state and federal laws.
(b)
A peace officer may, for any lawful purpose, direct that any
vehicle shall be taken to impound lots owned or used by the city or
to any other designated impound facility.
(c)
This article does not limit in any manner the authority of the
city to remove vehicles from public roadways in any manner the city
deems appropriate and in accordance with any applicable state and
federal laws.
(d)
The peace officer may not allow any person, including a tow
truck business and its employees or operators, in the scene area until
the peace officer determines that the investigation is complete or
the person's presence is necessary.
(e)
No towing business or its employees or tow trucks may enter
a scene or other site under a peace officer's control without
the permission of the officer.
(Ordinance 1234 adopted 3/16/2023)
(a)
It is unlawful for any towing business to solicit in any manner,
directly or indirectly, on the streets of the city, towing business
involving any vehicle that is disabled because of an accident or collision
or mechanical failure on a public street. This prohibition applies
whether the solicitation is for the purpose of soliciting the business
of towing, removing, repairing, wrecking, storing, trading, or selling
or purchasing the vehicle. Proof of the presence of any person engaged
in the towing business or of the presence of any tow truck, except
a tow truck called pursuant to the provisions of this article, at
or near a scene on any public street in the city prior to removal
of all disabled or damaged vehicles shall be prima facie evidence
of solicitation in violation of this section.
(b)
No person may drive, or cause to be driven, a tow truck to a
scene on any street in the city, unless the person has been called
to the scene by a peace officer or by a vehicle owner or operator.
(c)
A towing business stopping to protect the scene may not tow
from the scene unless it has been called by the city for a nonconsent
or incident management tow, or it has been called by the vehicle owner
or operator for a consent tow.
(d)
Except in accord with the nonconsent tow rotation list, it shall
be unlawful for a police officer to directly or indirectly recommend
to any person the name of any towing business, auto repair shop, automobile
dealer, or automobile club engaged in the towing business; nor shall
any police officer influence or attempt to influence in any manner
the decision of any person choosing or selecting a towing business,
auto repair shop, automobile dealer, or automobile club.
(e)
All tow truck drivers arriving at a scene shall obey all lawful
orders given them by any police officer of the city investigating
such scene and shall not in any manner interfere with such officer
in the performance of his or her duty.
(f)
It shall be the duty of the driver of each tow truck that removes
a wrecked, damaged, or disabled vehicle from a scene 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 tow trucks pick up vehicles for towing, it shall be the duty
of each driver to clear and remove debris, parts, or glass from the
street.
(g)
A towing business that removes a vehicle from private property
shall notify the department within thirty (30) minutes of such removal.
The information to be provided in such notification shall include:
(h)
The driver of a tow truck who removes a vehicle for the purpose
of repossessing the vehicle shall be required to notify the city's
police department prior to removing the vehicle, and provide written
notice from the lienholder requesting such repossession which shall
include the following information:
(Ordinance 1234 adopted 3/16/2023)
(a)
It shall be unlawful for any person to operate a tow truck in
the city for the purpose of participation in or execution of any nonconsent
tow, unless the tow truck is:
(b)
No person, operating a tow truck who performs a nonconsent tow,
may tow any vehicle to any location other than a vehicle storage facility
located in the city operated under a permit for same issued by the
state department of licensing and regulation or other successor agency.
(c)
If the driver of a vehicle needing towing is physically unable
to choose a towing business, or fails to do so, the towing shall be
treated as a nonconsent tow.
(d)
The department shall maintain a rotation list for the purpose
of providing the city with nonconsent towing services. This rotation
list must be used by the department in assigning a towing business
to perform nonconsent tows from a scene.
(e)
The rotation list shall be used as follows:
(1)
The department's designated personnel shall call the towing
business next on the rotation list.
(2)
If the towing business called is unable to send a tow truck
immediately, the succeeding towing business shall be called in order
of their appearance on the rotation list until a towing business on
the rotation list responds immediately.
(f)
The towing business must take the vehicle to its vehicle storage
facility for storage.
(g)
If the vehicle is evidence in a criminal offense, at the direction
of a peace officer the vehicle may be removed to an approved impound
lot or police facility.
(h)
Before departing a scene, the police officer in charge shall
prepare an inventory of property located in the vehicle, on a form
provided by the chief. This inventory must be verified by the tow
truck operator.
(Ordinance 1234 adopted 3/16/2023)
In order to be placed, or to remain, on the nonconsent tow rotation
list, the towing business shall submit an annual application, on the
form provided by the department, demonstrating, to the satisfaction
of the department, that it meets the following qualifications:
(1)
The company has a twenty-four-hour towing service.
(2)
The company has a telephone number listed with the department,
one of which is answered twenty-four (24) hours a day, seven (7) days
a week.
(3)
The company has the ability to immediately advise the department
of the availability of a tow truck.
(4)
The company demonstrates to the department that it has complied
with all state requirements, rules, regulations, licenses, permitting,
registration, etc. to operate a towing business and a vehicle storage
facility.
(5)
The company owns a vehicle storage facility or has a vehicle
storage facility under a contract for use located in the incorporated
areas of the city and:
(A)
The vehicle storage facility is in compliance with all zoning
requirements of the city;
(B)
The vehicle storage facility is not a part of any other business
which performs towing services and is not located at the same physical
location as any other towing business;
(C)
The vehicle storage facility has an office on the premises;
and
(D)
The towing business has a sign on the business premises identifying
the towing business by the name it appears on the application for
a permit.
(6)
The company and/or its owner, partners, officers, or directors
does not have an interest in a towing permit or towing business for
which a permit has been revoked within the preceding twenty-four (24)
months.
(7)
The company and/or its owner, partners, officers, or directors
has not been directly responsible for any action resulting in the
revocation of a permit.
(8)
The company and/or its owner, partners, officers, or directors
does not have an interest in a towing business which, within the preceding
twelve (12) months, has been convicted of operating a towing business
or towing a vehicle without a permit, certification or tow truck operator's
license.
(9)
The company submits a completed application in accordance with
this article and applicable state law.
(10)
The company demonstrates that all of its tow trucks are equipped pursuant to the state requirements and in accord with subsection (13) below.
(11)
The owner of multiple towing businesses is prohibited from registering
more than one business (i.e., holding more than one spot) on the nonconsent
tow rotation list.
(12)
The company has provided to the city a certificate of public
liability and property damage insurance for each tow truck to be on
the nonconsent tow rotation list, as well any other insurance required
by the city and state law.
(13)
The company demonstrates that all of its tow trucks have the
following equipment:
(A)
Slings and/or tow bars along with "J" hooks and chains.
(B)
Safety chain.
(C)
One ten-pound or two (2) five-pound fire extinguishers that
are properly filled and located so that they are readily accessible
for use. The fire extinguishers must meet the requirements of the
National Fire Protection Association, NFPA 10, for a 10BC fire extinguisher
and shall be so labeled by a national testing laboratory. The fire
extinguishers shall be inspected annually by a licensed inspector
and must bear a current and valid inspection certificate.
(D)
Shovel.
(E)
Wrecker bar.
(F)
Broom.
(G)
Ax.
(H)
Dolly.
(I)
Two reflective traffic triangles.
(J)
Ropes for securing steering wheel.
(K)
Overhead amber visibar or beacon type light visible from front
and rear.
(L)
Tow lights.
(M)
No less than five (5) gallons of dry sand or other absorbent
which is at least as effective as sand in absorbing liquid.
(N)
A box or bucket to carry glass and debris.
(O)
One ANSI traffic vest per operator assisting on scene.
(Ordinance 1234 adopted 3/16/2023)
(a)
Annual application form.
A person or entity desiring to be included, or to remain, on the nonconsent tow rotation list shall annually submit to the department a written application on the form provided by the department. The applicant shall sign the application. In addition to the information required in section 4.12.006, the following information shall be submitted annually:
(1)
The owner's name, the trade name, and the address and telephone
numbers of the towing business.
(2)
The number and manufacturer's certificate rating of tow
trucks proposed to be operated.
(3)
The registrations of all tow trucks.
(4)
If the towing business is owned by a corporation, the names
of the registered agents, directors, and officers of the corporation.
(5)
If one or more of the owners of the tow trucks proposed to be
used are one or more corporations, a list of the names of the registered
agents, directors and officers of all the corporations.
(6)
A certificate of insurance of all insurance policies filed with
the state.
(7)
Any insurance policy presented under this section shall contain
an endorsement providing for ten (10) days' notice to the chief
in the event of any material change or cancellation of the policy.
(8)
An applicant for a permit will provide a copy of the license
issued by the state allowing the applicant to operate a vehicle storage
facility or will provide a copy of a contract for use of a licensed
storage facility.
(9)
Applicants shall provide a copy of each tow truck operator's
driver's license and state-issued towing operator's license
for any operator of a tow truck on the nonconsent tow rotation list.
(10)
Each driver who will be operating a tow truck on the nonconsent
tow rotation list is responsible for providing a criminal history
check to the chief of police at the time of the application. Criminal
history reports must be current (less than two (2) weeks old). Persons
that hold a criminal conviction, or have pleaded guilty or nolo contender
to an offense, before the date of the application, or a felony or
misdemeanor punishable by confinement in jail or by a fine in the
amount that exceeds $500.00 will not be approved by the chief of police,
or is convicted of fraud or theft, as defined in the Texas Penal Code,
while engaged in the conduct or operation of a towing business.
(11)
The department may at any time require additional information
of an applicant, tow truck, and/or permit holder to clarify items
on the application.
(12)
Notwithstanding the annual application requirements described
herein, tow truck companies placed on the nonconsent tow rotation
list shall be responsible for immediately providing updated or revised
information to the department on receipt of same.
(13)
A towing business desiring to participate in the nonconsent
towing rotation list must agree to the regulations promulgated by
the chief for such program.
(b)
Application acceptance.
On acceptance by the department
of a completed application which satisfies the requirements of this
article and state law, payment of the permit fee, the department will
issue a permit to the applicant and place them on the nonconsent tow
rotation list.
(c)
Term.
The permit issued shall be valid for one
(1) year from the date issued. No earlier than within thirty days
prior to the expiration of the permit, the applicant may submit a
renewal application to obtain a new permit. Following the expiration
of the permit, the towing company may be removed from the nonconsent
tow rotation list.
(d)
Fee.
The permit fee to operate a towing business
in the city under the terms and conditions of this article shall be
payable as follows:
(1)
At the time of the original or renewal application for a towing
company permit, the applicant shall pay a fee of one hundred dollars
($100.00) as a nonrefundable application fee.
(Ordinance 1234 adopted 3/16/2023)
The department may remove a towing business from the nonconsent
tow rotation list if the towing company:
(1)
Causes or permits the operation of a certified tow truck, either
owned or contracted for, by an unlicensed driver on the public roadways.
(2)
Causes or permits the operation of an uncertified tow truck,
either owned or contracted for, on the public roadways.
(3)
Fails to maintain in force the insurance required for the operation
of a towing business or its equipment by the laws of the state.
(4)
Operates the towing business in any way which endangers the
life or safety of any person in any of the following ways:
(A)
The grossly negligent operation of a vehicle used by the towing
business.
(B)
Criminal assault committed by the towing business, its agents
or employees during the normal course of business. The chief shall
not revoke a permit if the towing business permanently terminates
the employment of such employee immediately upon it becoming known
to him that such conduct did take place.
(5)
Submits false information on an application.
(6)
Is convicted of a violation under this article.
(7)
Is convicted of fraud or theft, as defined in the Texas Penal
Code, in the conduct or operation of the towing business's towing
business.
(8)
A towing business ceases to own a licensed vehicle storage facility
or fails to maintain a contract to use one.
(9)
A towing business ceases to own or fails to maintain, by contract
or otherwise, a licensed vehicle storage facility located within the
incorporated areas of the city.
(10)
The towing business employs an operator who has a criminal conviction,
or has pleaded guilty or nolo contender, for a felony or misdemeanor
punishable by confinement in jail or by a fine in the amount that
exceeds $500.00, or was convicted of fraud or theft, as defined in
the Texas Penal Code.
(Ordinance 1234 adopted 3/16/2023)
(a)
The owner or operator of a towing company commits an offense
if he charges a fee in excess of the maximum fee for the applicable
nonconsent tow fee set by state regulation.
(b)
A towing company or vehicle storage facility operator may not
charge any other fee for a nonconsent tow or service related to a
nonconsent tow except a towing fee or a drop fee tow.
(c)
If the owner, authorized operator, or authorized agent of the
owner of a motor vehicle that is subject to a nonconsent tow attempts
to retrieve the motor vehicle before its removal from the property
or parked location, the maximum amount that may be charged 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 site 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.
(Ordinance 1234 adopted 3/16/2023)
(a)
It shall be unlawful for any person to violate any provision
of this article. Violation of any part of this article is a class
C misdemeanor.
(b)
Owners and operators of tow trucks shall comply with all applicable
state and local laws. A failure to comply with applicable state and
local laws shall be a violation of this article.
(c)
Penalty.
A person who fails to comply with any
requirement of this article or state law commits a class C misdemeanor
punishable by a fine not less than one dollar ($1.00) nor more than
five hundred dollars ($500.00).
(d)
Proof of a culpable mental state is expressly not required for
a conviction of an offense under this article, unless specifically
required in this article or state law.
(e)
Each violation is considered a separate offense. Each day that
a violation occurs is a separate offense.
(f)
In addition to the penalties described in above, the city may
pursue other remedies that the city may have under state or federal
law.
(Ordinance 1234 adopted 3/16/2023)
