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:
The chief of police for the city, or the person designated
by the chief of police to act for the chief of police for the purposes
of this article.
The city administrator of the city.
Actual working control in whatever manner exercised, including,
without limitation, working control through ownership, management,
debt instruments or other financial arrangements, as the case may
be, of the permit holder. A rebuttable presumption of the existence
of interest shall arise from the benefit gained, directly or indirectly,
by any person.
Any tow conducted without permission of, or not at the direction
of, the vehicle's legal or registered owner, or such owner's
authorized representatives, within the boundaries of the city.
Any person who holds the legal title to a vehicle, or has
the legal right of possession of a vehicle, or legal right of control
of a vehicle, or any driver who reasonably appears to have authority
to operate the vehicle. This does not include any person who has gained
possession of a motor vehicle only as a result of tow truck services
performed.
The authorization granted by the chief of police for a person
to use one or more permitted tow trucks in accordance with the provisions
of this article.
Any person issued a permit pursuant to this article.
Any individual or any association, firm, partnership, joint
venture, limited liability company, joint stock company or association,
corporation or other legally recognized entity, whether for profit
or not for profit, but shall not include the city.
Lists, prepared in accordance with the provisions of this
article, of tow trucks qualified to appear thereon, to be used to
remove any vehicle, including wrecked or disabled vehicles, from a
public street or private property by the police department.
(Ordinance 449 adopted 2/13/2024)
Notwithstanding any other provisions of this article, in any
circumstance in which a vehicle or other subject is so located on
a public street as to constitute a hazard or obstacle, or to interfere
with traffic, or in the event a stolen vehicle is found, or in any
other circumstances in which a police officer in the cause of his
duty directs the removal of a vehicle from or to any location, any
police officer may require its removal at the owner's expense
by any practicable means to include, but not limited to, use of a
tow truck selected by the use of the rotation list.
(Ordinance 449 adopted 2/13/2024)
(a)
A city tow truck permit shall entitle the permit holder to use
the permitted tow truck to:
(b)
Each permit holder shall pay an annual fee as established by
ordinance.
(c)
An applicant for a permit shall submit, on a form provided by
the city, a verified application containing or accompanied by the
following:
(1)
The true name, address and telephone number of the person that
owns the tow truck proposed to be used by the permit holder. A tow
truck cannot be used by more than one permit holder;
(2)
A certificate from the city tax assessor-collector that all
city taxes on all properties, real and personal, to be used by the
permit holder pursuant to this article are current;
(3)
A certificate of public liability and property damage issued
by a casualty company authorized to do business in the state, in the
standard form approved by the state board of insurance, containing
a provision that at least ten days' prior notice of cancellation
of said insurance shall be given to the permit manager of the city,
by the insurance company, and providing that the amount of coverage
shall comply with the limits established by state regulation;
(4)
A list of drivers employed by the permit holder along with the
drivers' current driving records (Contracted 1099 drivers are
excluded from eligibility to be placed on the list).
(d)
No permit holder shall use a tow truck for making tows in accordance
with this article unless:
(1)
The permit holder possesses a licensed vehicle storage facility
and office in the name of the permit holder located wholly or partially
within the incorporated limits of the city, or its extraterritorial
jurisdiction; and
(2)
Each vehicle storage yard shall have an all-weather surface
that makes delivery and release of automobiles feasible in all weather
conditions, such as concrete, asphalt, blacktop, stone, limestone,
gravel, or shell; and
(e)
No person shall have interest in more than one permit holder,
and shall file a sworn affidavit on a form supplied by the city to
that fact.
(Ordinance 449 adopted 2/13/2024)
(a)
All city-permitted tow trucks shall, in addition to the state's
tow truck standards, meet the following minimum requirements:
(1)
Be a minimum of one ton (minimum gross vehicle weight) in capacity
as reflected on the manufacturer's certificate. If the vehicle
does not have a manufacturer's certificate, then the gross vehicle
weight shall be determined by a testing procedure approved by the
permit manager. All such vehicles shall be equipped with booster brakes
or air brakes;
(2)
Be equipped with a wheel lift or roll-back;
(3)
Be equipped with a functional lightbar;
(4)
Be in such condition that it can safely and reliably be used
as a tow truck;
(5)
Be free from damaged bodies, defective paint, and other conditions
which may make them unsightly;
(6)
Each permit holder shall own and have access to one dolly; provided,
however, that any permit holder with more than one tow truck shall
have one dolly for every two tow trucks permitted by the city.
(b)
The applicant's principal office must be located within
the county.
(c)
In addition to any fee required for permit or certificate hereunder,
a tow truck company desiring to be placed on the tow rotation list
shall pay an annual administrative fee of $500.00, to defray cost
of administering, updating and maintaining the tow rotation list.
This fee shall not be prorated or refundable and will be assessed
to each tow company placed on the tow rotation list.
(Ordinance 449 adopted 2/13/2024)
(a)
The permit manager shall issue a permit for all tow trucks so
complying with the provisions of this article upon proper application
being made therefor unless legal grounds exist for denying such a
permit.
(b)
Each permit shall expire at 12:00 midnight on the first January
31st after issuance and will be renewable only upon compliance with
the provisions of this article and any other applicable laws, ordinances
or regulations that shall be in effect at the time of the renewal
application.
(Ordinance 449 adopted 2/13/2024)
Any permit holder, or applicant, by virtue of making application
agrees to permit during normal business hours the inspection of tow
trucks, tow truck equipment and storage facilities.
(Ordinance 449 adopted 2/13/2024)
(a)
The chief of police shall establish and maintain the rotation
lists. There shall be one rotation list for regular tow trucks.
(b)
The rotation lists shall contain the names of all permit holders
qualified and requesting to be on such lists. Each permit holder will
be afforded one slot on the rotation lists.
(d)
When the police officer investigating a collision determines
that a vehicle involved in a collision is unable to safely proceed
under its own power, or when the police officer determines that the
owner involved in a collision is physically unable to safely move
the vehicle to a location where it will not create a traffic hazard,
such officer shall request the owner to designate the tow truck service
that the owner desires to move the vehicle.
(1)
Such designation by the owner will be indicated in writing on
a form provided by the city and signed by the owner.
(2)
When the designation has been properly made, the police officer
shall communicate the name of the designated tow truck service to
the police communications center.
(3)
The police communications center shall cause the designated
tow truck service to be called and directed to send to the scene of
the collision a permitted tow truck.
(4)
If the designated tow truck service is not a permit holder,
and does not have available a permitted tow truck on the rotation
list, or the tow truck service does not answer the phone, the owner
will be requested to make other designation.
(e)
If the owner of a vehicle involved in a collision is physically
unable to designate the tow truck service desired to remove the vehicle,
or the owner fails or refuses to designate one, or has no preference,
then the police officer shall communicate that fact immediately to
the police communications center.
(1)
Such designation by the owner will be indicated in writing on
a form provided by the city and signed by the owner if the owner is
physically able. If not, the police officer shall indicate by notation
on the form.
(2)
The police communications center shall call the tow truck next
in line after the last permitted tow truck so called and request the
permit holder to tow the vehicle from the scene of the collision.
If the permit holder does not answer the phone or cannot provide a
tow truck permitted to him, the next permit holder on the list shall
be called. The permit holder may use any tow truck permitted under
the permit holder's name to make the call.
(3)
No person shall tow, carry or transport a motor vehicle under
the direction or authority of a police officer unless a tow slip has
been issued to the driver of the tow truck by the police officer.
Such tow truck slip shall be filled out by the police officer on a
form designated by the city. The tow truck slip shall contain the
following information:
(A)
A complete description of the vehicle to be towed, including
the license plate number and the vehicle identification number;
(B)
Any visible damage to the inside or outside of the vehicle;
(C)
Any personal property contained within the vehicle which is
visible from outside that vehicle;
(D)
Any visible missing parts or paraphernalia;
(E)
The location from which the vehicle is being towed;
(F)
The date and time the vehicle is picked up by the tow truck;
(G)
The reason the vehicle is being towed;
(H)
The location to which the vehicle is to be towed;
(I)
The signature and employee number of the police officer authorizing
the tow;
(J)
The signature and tow truck license number of the tow truck
driver.
(f)
If the permit holder after the arrival at the scene determines,
in conjunction with the police officer in charge, that assistance
is needed, then the permit holder shall arrange for such assistance
within a reasonable time.
(g)
Any permit holder selected shall deliver a tow truck to the
scene within 15 minutes of notification.
(h)
The maximum fees that may be charged by regular rotation permit
holders under this section for the use of the tow truck designated
shall be as approved by state law.
(i)
The fee when a vehicle is lawfully hooked up but not towed from
the scene is one-half the regular towing fee.
(j)
No fee shall be charged for towing any vehicle under directions
or authority of a city police officer unless the tow truck driver
has obtained a completed tow slip from the police officer.
(k)
Any person collecting or charging any fee greater than the maximum
fee schedule established herein for towing a vehicle pursuant to the
direction of a city police officer from the rotation list shall violate
this article and be subject to the administrative disposition of violations
contained in section.
(Ordinance 449 adopted 2/13/2024)
(a)
It shall be unlawful for a police officer investigating or present
at the scene of any wreck or collision to directly or indirectly recommend
to any person the name of any tow truck service; nor shall any such
police officer influence or attempt to influence in any manner the
decision of any person in choosing or selecting a tow truck.
(b)
No employee of the city shall own any interest, either directly
or indirectly, in a tow truck company, nor recommend to any person,
in any manner, the name of any repair, tow truck or towing business,
nor shall any city employee influence in any manner the decision of
any person in choosing or selecting a repair, tow truck service or
towing business.
(Ordinance 449 adopted 2/13/2024)
(a)
A person commits an offense if he intentionally or knowingly
solicits a tow in any manner, directly or indirectly, on the streets
of the city, involving any vehicle that is wrecked on a public street.
This prohibition applies regardless of whether the solicitation is
for the purpose of soliciting the business of towing, removing, repairing,
wrecking, storing, trading, selling or purchasing such vehicle.
(b)
In any prosecution for a violation of this section, proof that
the tow truck was present and stopped at the scene of an accident
shall constitute prima facie evidence that such permit holder or the
tow truck driver was operating or causing to be operated the tow truck
to solicit business, but the person charged shall have the right to
introduce evidence to prove that the vehicle owner requested a tow
truck to come to the scene or that a police officer requested the
tow truck for the vehicle owner.
(c)
It shall be an affirmative defense that the vehicle was not
disabled as a result of a collision.
(d)
It shall be an affirmative defense to prosecution under this
section that the collision was investigated by a state department
of public safety law enforcement officer.
(Ordinance 449 adopted 2/13/2024)
(a)
If an owner refuses to designate a permitted tow truck, the
city shall utilize the rotation list for pound calls or hauls resulting
from vehicles being towed by the police division.
(b)
Any police officer may, for lawful purpose, direct that any
vehicles shall be taken to automobile impoundment facilities used
by the city.
(c)
Whenever it becomes necessary under this section for the permit
holder to disassemble parts to a vehicle in order to tow such vehicle,
the permit holder shall reassemble such parts upon reaching the automobile
impoundment facility.
(d)
No permit holder under this section shall have the owner of
an impounded vehicle sign a release from liability or damage until
the owner has inspected the vehicle. Any such release shall contain
a notation for which the permit holder is alleged to be liable by
the owner of the vehicle. If there is any such enumeration of alleged
damages, then the release shall be a full release except as to the
specifically enumerated damages. The release shall be signed by the
owner of the vehicle, and a representative of the permit holder.
(e)
No permit holder shall assert a lien on personal effects within
a vehicle. Personal effects shall include such items as clothing,
toilet articles, animals and purses, but shall not include tools.
(f)
Each permit holder and tow truck business shall clearly post
and make available procedures to release autos between 8:00 a.m. and
9:00 a.m. each day of the week, in addition to the permit holder's
regular business hours.
(g)
The operator of the vehicle storage yard shall release an impounded
vehicle to the owner or operator of the vehicle in accordance with
Section 2303.160, Texas Occupations Code.
(h)
In the event the vehicle was impounded due to the owner or operator
failing to provide proof of financial responsibility as required by
Section 601.053, Texas Transportation Code, the operator of the vehicle
storage yard shall require that the person requesting release of the
vehicle provide proof of financial responsibility as required by Section
601.501, Texas Transportation Code.
(Ordinance 449 adopted 2/13/2024)
The duty to provide safe and prompt tow truck service upon call
includes, but is not limited to, the following specific duties:
(1)
Upon arrival at the scene of a collision within the incorporated
limits of the city, permit holder personnel shall take directions
from the police officer investigating that collision.
(2)
The permit holder summoned to a scene, whether it be an accident
or otherwise, must perform the tow unless unusual circumstances exist.
If unusual circumstances exist, the permit holder may summon additional
aid to perform the tow. If no unusual circumstance exists, and the
permit holder is unable to perform tow, said permit holder will immediately
pass and the next permit holder on rotation will be summoned. Performing
the tow will be defined as physically towing the vehicle in question.
Under no circumstance will a permit holder be allowed to drive a vehicle
which is the subject of rotation call from a scene.
(3)
Permit holder personnel who haul any vehicle from the scene
of a collision within the incorporated limits of the city shall remove
the debris of the collision from the public streets. This duty specifically
includes removal of broken glass and metal fragments from the street,
and the removal of any load of any vehicle from the traveled portion
of the street, so as to eliminate any hazard to vehicular traffic.
This does not include the responsibility to unload cargo from a wrecked
vehicle in order to permit hauling. Such debris should be disposed
of in a manner which will keep it out of gutters, storm sewers and
streams, public rights-of-way, and property not belonging to the tow
truck business, without consent of the property owner.
(4)
No permit holder shall store any vehicle or tow trucks on the
public streets or rights-of-way. Permit holders will use reasonable
care in the storage of property not belonging to said permit holders
so as to minimize the risk of theft or damage. If any damaged or inoperable
vehicle is found upon the public right-of-way within a reasonable
distance of an automobile repair shop and police records show that
such vehicle was taken to that place within 30 days as a result of
a collision, this shall be prima facie proof that the vehicle is illegally
stored.
(Ordinance 449 adopted 2/13/2024)
(a)
A person commits an offense if the person removes a vehicle
from private property without express written or verbal consent of
the owner of the property and does not notify the city police division
within one hour of such removal. The information to be provided in
such notification shall include:
(b)
Nothing in this article shall be construed to authorize a nonconsent
tow except where permitted by state law.
(Ordinance 449 adopted 2/13/2024)
(a)
A person commits an offense if the person owns or operates a
tow truck that performs a police directed nonconsent tow within the
city without a city permit.
(b)
A person commits an offense if the person owns or operates a
tow truck that performs a tow at the scene of an accident or a custodial
arrest on a public street or right-of-way without a city permit.
(c)
It shall be an affirmative defense to prosecution under any
provision of this article that the tow truck is owned by the vehicle
owner of the vehicle being towed, carried or otherwise transported
by the tow truck.
(d)
It shall also be an affirmative defense to prosecution under
any provision of this article that regulates tow trucks that the vehicle
being towed, carried or otherwise transported by the tow truck was
originally picked up or loaded onto the tow truck at a specific location
outside the city.
(e)
Additionally, it shall be an affirmative defense to prosecution
under this article that the motor vehicle was being towed by the tow
truck pursuant to a request by the lienholder of the motor vehicle;
and that the tow truck was incidental to a lawful repossession of
the vehicle; and that the tow truck driver has complied with all requirements
of this article that would be applicable if the lienholder were the
vehicle owner of the vehicle being towed.
(Ordinance 449 adopted 2/13/2024)
The chief of police shall have, as to the holder or applicant
of any permit, the duty and authority to enforce the provisions of
this article by administrative action in accordance with the principles
and procedures set forth herein:
(1)
The properly and safe functioning of the tow truck business
has critical impact on the health, safety and welfare of the public,
involving use of the public streets of the city, often in circumstances
necessitating prompt removal of dangerous obstructions to traffic
on said streets; therefore, the privilege of any person to engage
in the tow truck business in the city shall be subject to strict regulations
in order to protect the public.
(2)
For purposes of invoking any administrative remedy against a
permit holder, the act or omission of any agent or employee of said
permit holder shall be considered to be the acts or omission of said
permit holder.
(3)
Administrative remedies that the chief of police may employ
to enforce the provisions of this article include, but are not limited
to:
(4)
Grounds for suspension of any or all permits include driving
a tow truck to the scene of a collision in response to a call by any
person for a tow truck, or towing a vehicle with a tow truck when
the tow truck, the tow truck driver, or the permit holder does not
meet all the following conditions, as applicable:
(A)
Is in a condition that it cannot safely tow a vehicle;
(B)
Is not then covered by insurance as required in this article;
(C)
Does not then meet all requirements for a permit;
(D)
Failure to meet at all times the requirements for a permit;
(E)
Failure to maintain at all times at least one tow truck in such
condition that it meets the requirements for a permit and for eligibility
to be on the rotation list;
(F)
Driving or causing to be driven to the scene of a collision
in response to a call from the police department any tow truck which
does not then meet the requirements of the rotation list;
(G)
Driving any tow truck to or from the scene of a collision in
a manner which endangers any person;
(H)
Failure to arrive in response to a police call within reasonable
time (15 minutes);
(I)
Violation of motor vehicle or traffic laws while in scope of
employment;
(J)
Failure to report seized or abandoned vehicles;
(K)
False statements of material fact;
(L)
Relocation of vehicle depository or storage facility to a location
that is further outside the city's extraterritorial jurisdiction;
(M)
Repeated suspensions;
(N)
Collecting or charging any fee in excess of those set out in
this article;
(O)
Violation of laws regarding removal or impounding of vehicles;
(P)
Violation of ordinances regulating tow trucks; or
(Q)
Three or more violations within one year of ordinances or rules
by the permittee or agents or employees.
(Ordinance 449 adopted 2/13/2024)
(a)
The chief of police may suspend or revoke any or all permits
after proper notice and hearing. Notice of hearing, the administrative
action which may be taken, and the grounds therefor shall be given
to the permit holder at least ten days prior to the date of the hearing.
Mailing of such notice to the last known business address of said
permit holder shall constitute sufficient notice. Evidence and testimony
shall be taken at the hearing and the hearing will be recorded. The
decision of the chief of police, including any order of suspension
or revocation shall be issued within 15 days of the hearing and written
notice of that decision shall be sent to the permit holder.
(b)
An appeal from the decision of the chief of police may be made
in writing to the city administrator within ten days of the chief
of police's decision. The city administrator shall make a decision
on the appeal based on the record of the hearing before the chief
of police and any written argument submitted by the permit holder
or a representative of the chief of police. Any such written submission
shall be made within ten days of the notice of appeal to the city
administrator. A written ruling of the city administrator shall be
given to the permit holder within 20 days of receipt of any written
submission to the city administrator.
(c)
An appeal from the written decision of the city administrator
may be made to the city council by filing a written request for the
appeal with the city secretary/city administrator within ten days
of the issuance of the city administrator's written decision.
Such appeal shall be determined by the city council based upon the
written record and submission made before the chief of police and
city administrator. The council shall schedule the vote on the appeal
within 30 days of the filing of the written request for appeal with
the city secretary/city administrator, and the permit holder or his
representative and the chief of police or his representative may make
an oral presentation not to exceed ten minutes in length to the council
prior to the vote on the appeal.
(d)
If, after any permit has been suspended, the condition for which
it was suspended has been corrected, and proof of such correction
is made to the chief of police, then a new permit may be issued upon
proper application, fee payment, and proof of meeting all requirements
thereof.
(Ordinance 449 adopted 2/13/2024)
(a)
If the police department has a vehicle towed without prior notice
to, or consent of, the owner, the police department shall notify the
owner within 24 hours by telephone call, or by postcard or form letter
mailed by first class mail to the last known registered owner of the
motor vehicle, that this vehicle has been towed and how he can reclaim
it.
(b)
If the owner contests the legality of the tow and desires possession
of his vehicle without posting of any security, a hearing shall be
set before the municipal court on its next full working day following
the written request for hearing.
(c)
If the owner contests the legality of the tow, the owner shall
be entitled to immediate possession of his vehicle upon written request
for hearing and the deposit with the municipal court of a sum sufficient
to secure payment of towing and storage fees. A hearing shall then
be set before the municipal court within 14 days to determine the
legality of the tow.
(d)
Notice of this procedure shall be provided to any person contesting
the legality of a city tow. All written requests for hearing shall
be on a form provided by the municipal court.
(Ordinance 449 adopted 2/13/2024)
(a)
Each city permittee of a tow truck shall keep tow slips issued
by the city for one year from the date of the latest transaction.
(b)
It shall be unlawful for any holder of a city tow truck permit
to fail to keep the records as herein provided, or to fail to produce
any of these records for inspection and copying upon request of the
city administrator or authorized agent or representative. The failure
to keep the records as herein provided or failure to produce such
required records after request shall be punishable by a fine of not
less than $50.00 nor more than $500.00. Each day for which proper
records have not been kept shall be a separate offense.
(Ordinance 449 adopted 2/13/2024)
