The proper and safe functioning of the towing companies has
a critical impact on the safety and welfare of the public since it
involves the use of the public streets of the city, often in circumstances
necessitating prompt removal of dangerous obstructions to traffic.
Therefore, the privilege of any person to engage in a towing company
in the city shall be subject to regulation in order to protect the
health, safety and welfare of the public.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
Any person operating a tow truck shall comply with all applicable
state laws. A failure to comply with applicable state laws is a violation
of this article.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
For the purposes of this article, the following words, terms
and phrases shall have the meaning ascribed to them, except where
the context clearly indicates a different meaning:
Any occurrence which renders a vehicle wrecked or disabled.
When a second tow truck is summoned by the police department
for the same towing company in order to accomplish the original tow,
but does not include winching or a second tow truck arriving when
not requested.
Any person possessing a current, valid certificate of registration
to engage in the towing business in the city.
Written authorization granted by the chief of police, under
the provisions of this article, to a towing company having a place
of business within the city operating a tow truck that performs nonconsent
tows or incident management tows.
The chief of police for the city or the person designated
by him/her to act in his/her stead for the purposes of this article.
Includes all areas that have been fully annexed by the city.
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 or a private property tow.
Any tow of a vehicle in which the tow truck is summoned because
of a traffic accident (crash) or to an incident.
Written authorization granted by the chief of police, under
the provisions of this article, and affixed to a tow truck used by
a tow company on the rotation list, indicating that the tow truck
has passed the required inspection.
A plate permanently affixed to either a truck, tow equipment
or tow sling by the manufacturer of the equipment which states the
vehicle's or equipment's gross poundage capacity.
Any vehicle which is self-propelled. This does not include
motor-assisted bicycles as defined by the laws of the state.
Any tow of a motor vehicle that is not a consent tow or incident
management tow.
A person:
Named as the purchaser or transferee in the certificate of title
issued for the vehicle under chapter 501, Transportation Code;
In whose name the vehicle is registered under chapter 502, Transportation
Code, or a member of the person's immediate family;
Who holds the vehicle through a lease agreement;
Who is an unrecorded lienholder entitled to possess the vehicle
under the terms of a chattel mortgage; or
Who is a lienholder holding an affidavit of repossession and
entitled to repossess the vehicle.
An individual, corporation, partnership, joint venture, or
association.
A tow made by, or on behalf of, a lienholder taking possession
of collateral.
The list prepared in accordance with the provisions of this
article, of tow companies which have applied and qualified to appear
thereon, and which maintain inspected tow trucks of a capacity required
to be on said list.
The amount of time a tow truck must wait to perform the towing
service, not including the first hour from the time of arrival.
A motor vehicle equipped with a mechanical device used to
tow, winch, or otherwise move another motor vehicle.
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. It does not include towing a vehicle
to a point outside the city when the owner requests that it be towed
to a point outside the city, except as otherwise provided in this
article.
Every device in, upon, or by which any person or property
is or may be transported on a public roadway. The term 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.
The use of a winching device to move a vehicle from ditches,
fields, culverts, or ravines, and vehicles that have rolled or have
come to rest on top of another vehicle or person, but does not include
the normal loading of a vehicle for tow.
The same definition as "tow truck."
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
It shall be unlawful for a person to operate a tow truck that performs nonconsent or incident management towing in the city unless the person has a certificate of registration issued by the chief of police, except as provided in subsection (c) below.
(b)
An applicant for a certificate of registration to perform nonconsent
or incident management towing shall submit, on a form provided by
the chief of police, a verified application containing or accompanied
by the following:
(1)
The true name, trade name, principal business address, and telephone
number that is answered twenty-four (24) hours a day, of the towing
company.
(2)
The list of tow trucks proposed to be operated by the towing
company, including but not limited to the motor vehicle identification
number, make, and unit number from the tow company applying for the
certificate of registration.
(3)
The name of the owner(s) of the tow company, partners and/or
corporation officers.
(4)
A certificate of public liability and property damage insurance,
for each tow truck to be registered, issued by a casualty company
authorized to do business in the state, in the standard form approved
by the city attorney, containing a provision that at least ten (10)
days' prior notice of cancellation of said insurance shall be
given to the chief of police by the insurance company, and with the
insured provision of such policy including the city as an additional
insured and the coverage provision insuring members of the public
from any loss or damage that may arise to any person or property by
reason of the operation of a certificate holder's business, and
providing that the combined single limit liability insurance coverage
amount for bodily injury to or death of an individual per occurrence,
loss or damage to property shall be $300,000.00 for tow trucks whose
gross vehicle weight is less than 26,000 pounds and $500,000.00 for
tow trucks whose gross vehicle weight is 26,000 pounds or more.
(5)
A certificate of on-hook cargo insurance to cover damage to
a towed vehicle during hookup and/or towing in the minimum amount
of fifty thousand dollars ($50,000.00).
(6)
A copy of a vehicle storage facility license issued by the state
department of transportation pursuant to the Vehicle Storage Facilities
Act, chapter 2303, Texas Occupations Code, as now enacted or as hereafter
amended.
(7)
A copy of the motor carrier certificate of registration issued
by the state department of transportation.
(8)
No company, owner, operator, or entity, regardless of the number
of doing business as identifiers may occupy more than one (1) position
on the nonconsent or incident management tow rotation.
(c)
This section does not apply to nor prohibit a tow company which
obtained a motor carrier certificate of registration from the state
department of transportation, and having a place of business outside
the incorporated city limits, from making a "consent tow" within the
city.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance adopting Code; Ordinance O-2024-015 adopted 3/7/2024)
(a)
Issuance or denial.
The chief of police or authorized designee shall register a tow company and issue a certificate of registration under this article which is determined to be in compliance with the requirements under section 8.06.004. However, the chief of police may deny an application for a certificate of registration if the applicant:
(1)
Has had a registration revoked under Texas Transportation Code
section 643.252, as now enacted or as hereafter amended;
(2)
Operates a tow truck after the state registration has been revoked;
(3)
Causes or allows the operation of a tow truck by an unlicensed
driver on the public roadways;
(4)
Operates a tow truck performing nonconsent or incident management
tows without a certificate of registration on the public roadways;
(5)
Submits false information on a registration application;
(6)
Fails to maintain insurance required by state law for the operation
of a tow company or its equipment; or
(7)
Other legal grounds exist for denying such certificate of registration.
(b)
Expiration and renewal.
Each certificate of registration
issued shall expire at midnight one calendar year from the date of
issuance, and will be renewable only upon compliance with the provisions
of this article and any other applicable laws, ordinances, or regulations
which shall be in effect at the time of the renewal application.
(c)
Carrying in tow trucks.
Each tow company which
has received a certificate of registration under this article shall
at all times carry a copy of its certificate of registration in each
tow truck it operates.
(d)
Updating of information.
Each tow company which
has received a certificate of registration shall be responsible for
updating the information provided in the application by submitting
supplemental information on forms provided by the chief of police.
Failure to provide updated information, such as, but not limited to,
replacement or additions of tow trucks, driver's license suspensions
or revocations, change in insurance company, or expiration of the
storage facility license, shall be grounds for suspension or revocation
of a certificate of registration.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
The chief of police may suspend or revoke a certificate of registration
issued under this article, or place a tow company on probation, if
the tow company or any of its tow trucks fail to comply with state
law or the requirements set out in this article, or for any other
lawful reason.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
The chief of police shall establish and maintain a rotation
list, from which tow trucks shall be picked to answer calls for nonconsent
or incident management towing. Each tow company who applies and meets
the requirements herein shall be entitled to one (1) place on said
list. The names of the towing companies on the list shall be listed
in numerical order, beginning with the date the application is approved.
(b)
It shall be unlawful for any tow company to operate tow trucks
under a different company name for purposes of gaining additional
towing on the established rotation list.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
Requirements for participation.
A tow company
may participate on the rotation list if the tow company meets the
following requirements:
(1)
It has registered and received a certificate of registration
and inspection sticker for each tow truck it owns or will use while
on the rotation list under this article.
(2)
It owns, leases, or otherwise lawfully possesses and operates
a storage facility located within the full, limited purposes annexation
areas of the city, within 10 miles from city hall where all motor
vehicles are towed on behalf of the city or private property tows
shall be stored at all times and which:
(3)
It maintains at least one (1) tow truck.
(4)
It maintains twenty-four (24) hour tow service and a local telephone
number which is answered twenty-four (24) hours a day.
(5)
It is able to respond to any location in the city within thirty
(30) minutes of being notified by telephone. Tow trucks 2-1/2 tons
or more in size must be able to respond within forty-five (45) minutes
after notification.
(6)
It has someone available twenty-four (24) hours a day to release
any vehicle impounded within thirty (30) minutes of a request by the
owner or the police department.
(7)
It or the owner of the leased storage facility holds a license
issued by the state department of transportation pursuant to the Vehicle
Storage Facility Act, chapter 2303, Texas Occupations Code, as now
enacted or as hereafter amended.
(8)
It submits an application for placement on the rotation list.
(b)
Application for placement on rotation list.
A
tow company shall submit a verified application for placement on the
rotation list, on a form provided by the chief of police, containing
or accompanied by the following:
(1)
A copy of a vehicle storage facility license issued by the state
department of transportation for a storage facility within the city.
(2)
A list of all drivers and drivers' driving records, obtained
from the state department of public safety; said list shall be updated
as new drivers are added or when a driver's license is suspended
or revoked.
(3)
A city certificate of insurance form indicating general liability in the amount of $1,000,000.00, in addition to the insurance requirements under section 8.06.004(b)(4).
(4)
A certificate from the appropriate tax assessor-collector agency
that certifies that all city taxes on all properties, real and personal,
to be used in connection with the applicant's towing company
are current. The certificate shall list the name of the towing company,
its subsidiaries or assumed names.
(c)
Maximum fees.
The following maximum fees may be
charged by tow companies under this article for the use of tow trucks
on the rotation list for nonconsent and incident management tows,
any fees in addition to normal tow rate must be signed off by the
officer in charge of the incident:
(1)
Light duty tows (less than 10,000 pounds): $225.00.
(2)
Medium duty tows (10.000 > 25,999 pounds): $400.00.
$300.00 Attached trailer/heavy loads (in addition to $425.00)[sic].
(3)
Additional fees applicable for light and medium duty tows.
(A)
$40.00 For necessary use of dollies/flatbed.
(B)
$60.00 Wait time (per hour, after the first hour. Billed at
30-minute intervals).
(C)
$60.00 Extra labor, per person per hour.
(D)
$60.00 Clean up (per hour, after first hour on scene).
(E)
$25.00 No keys.
(F)
$100.00 Winching-for more than 1 hook-up to same vehicle.
(4)
Heavy duty tows (in excess of 26,000):
(5)
Rental + 35% special equipment.
|
Maximum vehicle storage fees shall be determined
by Texas Department of Licensing and Regulation rule.
|
(d)
Removal from rotation list.
A tow company will automatically be removed from the rotation list on the expiration date of its certificate of registration, as provided in section 8.06.005, and will be placed back on the list only upon compliance with the provisions of this article and any other applicable laws, ordinances, or regulations which shall be in effect at the time of the renewal request application.
(e)
Updating of information.
Each tow company having
a place on the rotation list shall be responsible for updating the
information provided in the application by submitting supplemental
information on forms provided by the chief of police. Failure to provide
updated information, such as, but not limited to, replacement or addition
of tow trucks, driver's license suspensions or revocations, change
in insurance company, change in storage facility, or expiration of
a storage facility license, shall be grounds for suspension or removal
from the rotation list.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
The chief of police may suspend or remove a tow company from
a place on the rotation list pursuant to this article if a tow company
or any of its tow trucks fails to comply with any of the requirements
in this article.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
In order to receive an inspection sticker, each tow truck shall
meet the following minimum requirements:
(1)
Shall have a capacity of not less than one (1) ton.
(2)
Shall display in a permanent manner the name and twenty-four
(24) hour phone number of the holder of the certificate of registration
on both sides of each tow truck.
(3)
Shall display in a permanent manner the names of the tow companies
listed on the certificate of registration as affiliates.
(4)
Shall be in a condition such that it can be safely and reliably
used as a tow truck.
(5)
Shall include the manufacturer's certificate and be equipped
with a power operated winch, winch line and boom with a rated or tested
lifting capacity of not less than eight thousand (8,000) pounds single
line capacity.
(6)
Shall carry at all times the following standard equipment:
(A)
Slings and/or tow bars along with "J" hooks and chains.
(B)
Safety chain.
(C)
10 lb. fire extinguisher (or the equivalent).
(D)
Shovel.
(E)
Wrecker bar.
(F)
Broom.
(G)
Dolly (except for slide bed tow trucks).
(H)
Ropes or other device for securing the steering wheel.
(I)
Overhead visa-bar or beacon type light visible from the front
and rear.
(J)
Tow lights.
(7)
Any other information [equipment] the chief of police may determine
is necessary for the safe operation of a tow truck under this article.
(b)
An inspection sticker shall be denied if the safety requirements
provided for in this section are not met.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
Issuance or denial; fee.
The chief of police or authorized designee shall issue an inspection sticker for a tow truck if in compliance with the requirements under section 8.06.010. An inspection fee as provided in the fee schedule in appendix A of this code is required and shall be charged for each tow truck inspected. The inspection fee is nonrefundable and shall be paid whether or not the tow truck passes inspection. The chief of police may deny the issuance of an inspection sticker on the same grounds as provided for in section 8.06.005(a)(1) through (7).
(b)
Expiration and renewal.
Each inspection sticker
issued shall expire one year from the date of issuance and will be
renewable only upon compliance with the provisions of this article
and any other applicable laws, ordinances, or regulations which shall
be in effect at the time of the renewal application.
(c)
Display.
Each tow truck which has received an
inspection sticker under this article shall prominently display it
on the back windshield.
(d)
Compliance with safety requirements.
Each tow company which has received an inspection sticker for a tow truck shall be responsible for keeping the tow truck in compliance with the safety requirements provided for in section 8.06.010, at all times. Failure to comply with the safety requirements provided for in section 8.06.010 shall be grounds for suspension or revocation of an inspection sticker.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance adopting Code; Ordinance O-2024-015 adopted 3/7/2024)
The chief of police may suspend or revoke an inspection sticker
issued under this article, or place a towing company on probation,
if the tow company or any of its tow trucks fail to comply with state
law or the requirements set out in this article, or for any other
lawful reason.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
Any towing company, certificate holder, or applicant, by virtue
of making an application with the city, agrees to allow, during normal
business hours, the inspection of tow trucks, tow equipment, and storage
facilities for compliance under 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.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
When the police officer investigating a crash determines that:
(i) any vehicle involved in a crash is unable to safely proceed under
its own power; or (ii) the driver of any vehicle involved in a crash
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 a tow company which he/she desires to remove the
vehicle.
(1)
Such designation by the owner will be indicated in writing on
a form provided by the chief of police and signed by the owner.
(2)
When the designation has been properly made, the police officer
shall communicate the name of the designated towing company, auto
repair shop, automobile dealer, or automobile club to the communications
center.
(3)
The communications center shall cause the designated towing
company, auto repair shop, automobile dealer, or automobile club to
be called and directed to send a tow truck capable of removing the
vehicle.
(4)
If the designated towing company, auto repair shop, automobile
dealer, or automobile club does not have available a tow truck of
the type required to move a vehicle, the owner will be requested to
make another designation.
(b)
If the owner of a vehicle is: (i) physically unable to designate
the towing company, auto repair shop, automobile dealer, or automobile
club he desires to remove the vehicle; (ii) fails or refuses to designate
one; (iii) has no preference; or (iv) is not available, then the police
officer shall communicate that fact to the police communications center,
and advise as to the type of tow truck required.
(1)
Such designation by the owner will be indicated in writing on
a form provided by the chief of police and signed by the owner if
he/she is physically able. If the owner is not able or is not available,
the police officer shall so indicate by a notation on the form.
(2)
The communications center shall call the tow company next in
line on the rotation list after the last towing company so called
and request the towing company to tow the vehicle from the scene.
(3)
On each succeeding communication or the inability or refusal
of a towing company to send a tow truck, the next towing company on
the rotation list shall be called. After the last towing company on
said list has been called, the next such call shall go to the first
towing company on said list.
(4)
When no towing company on the rotation list is available or
the type tow truck needed is not available, officers will notify the
communications center and request the next available tow truck from
the county rotation list.
(d)
Failure of any towing company selected under subsection (a) or subsection (b) of this section to deliver a tow truck to the scene within thirty (30) minutes of notification, or forty-five (45) minutes for a tow truck 2-1/2 tons or more in size, without justification acceptable to the police officer on the scene, shall cause the tow company to forfeit that call. Additionally, the chief of police shall have the discretion to suspend or revoke a tow company from a place on the rotation list for failure to timely respond.
(e)
In any circumstance in which a vehicle or other object 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 circumstance in which a police officer in the
course 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, including but not limited to use
of a towing company selected by the owner, or, failing that, selected
by the use of the rotation list.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
It shall be unlawful for a police officer to directly or indirectly
recommend to any person the name of any towing company, auto repair
shop, automobile dealer, or automobile club engaged in the towing
business, nor shall any such police officer influence or attempt to
influence in any manner the decision of any person in choosing or
selecting a towing company, auto repair shop, automobile dealer, or
automobile club.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
Whenever a tow truck arrives at the place where a motor vehicle
has been disabled by a crash, the tow truck driver shall park his
tow truck as close to the street curb as possible and otherwise dispose
of it in such a manner as not to interfere with traffic. The tow truck
driver shall not park the tow truck within a distance of fifty (50)
feet from a wrecked or disabled vehicle, unless permitted to do so
by a police officer.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
It shall be unlawful for the driver of any tow truck arriving
at the place where any crash has occurred or when a police officer
has summoned a tow truck for a nonconsent or incident management tow
to disobey any lawful order given them by any police officer of the
city investigating such crash or to interfere in any manner with such
officer in the performance of his/her duty.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
It shall be the duty of each tow truck driver that removes a
wrecked, damaged, or disabled vehicle from the place where a crash
has occurred to clear and remove any and all debris, parts, fluids,
or glass accumulated as a result of the crash from the street, right-of-way,
or adjacent properties.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
It shall be unlawful for any tow company or its employees to
solicit in any manner, directly or indirectly, on the streets of the
city, for towing business involving any vehicle which is crashed or
disabled 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. Proof of the presence of any person engaged
in the towing business or of the presence of any tow truck, whether
or not certified or identified under the provisions of this article,
except a tow truck called pursuant to the provisions of this article,
at or near the scene or site of a crash on any public street in the
city after the crash occurs and prior to removal of all disabled or
damaged vehicles shall be prima facie evidence of a solicitation in
violation of this section.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
In lieu of or in addition to any criminal prosecution or civil
remedy for the violation of any provision of this article, the chief
of police shall have, as to the holders of any certificate of registration
or inspection sticker, or as to any applicant therefor, the duty and
authority to enforce the provisions of this article by administrative
action in accordance with the principles and procedures set forth
hereinafter.
(1)
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 streets of the city, often in circumstances necessitating
prompt removal of dangerous obstructions to traffic on said streets.
Accordingly, the privilege of any person to engage in the tow business
in the city shall be subject to strict regulation in order to protect
the public.
(2)
For purposes of invoking any administrative remedy against a
certificate holder, the acts or omissions of any agent or employee
of said holder shall be considered to be the acts or omissions of
said holder.
(3)
Administrative remedies which the chief of police may employ
to enforce the provisions of this article include, but are not limited
to:
(4)
Grounds for suspension or revocation of a certificate of registration
include:
(A)
Any conduct in the towing business which endangers the life
or safety of any person;
(B)
Repeated violations of the provisions of this article;
(C)
Violation of the zoning ordinance or fire prevention code for
one (1) week after notice of said violation has been given to said
tow business by the building official, the fire marshal or other authorized
official, respectively;
(D)
Failure to maintain in effect any insurance required by this
article; and
(E)
Fraud or theft in the conduct of the towing business.
(5)
Grounds for suspension or revocation of an inspection sticker
include responding to a nonconsent tow call when said tow truck:
(6)
Grounds for removal of a tow company from the rotation list
include:
(A)
Failure to meet at all times the requirements for a place on
the list;
(B)
Failure to maintain at all times at least one (1) tow truck
in a condition that meets the requirements for an inspection sticker
and for eligibility to be on the rotation list;
(C)
Responding to a nonconsent tow call with a tow truck which does
not then meet the requirements of the rotation list;
(D)
Driving a tow truck in response to a nonconsent tow call in
a manner which endangers the life or safety of any person;
(E)
Driving a tow truck to a location to perform towing services
in response to a call made by the communications center when the towing
company is not the next company on the list; the towing company owning
that tow truck shall be subject to removal from the list for a period
of at least thirty (30) days;
(F)
Collecting or charging any fees or charges in excess of those
set out in this article;
(G)
Violation of the zoning ordinance or fire protection ordinance,
as determined by the building official, the fire marshal, or other
authorized official, respectively;
(H)
Failing to answer within the required time when called by the
communications center; or
(I)
Declining to respond to a call from the communications center
to perform towing services.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
Suspension or revocation of certificate of registration.
Suspension or revocation of a certificate of registration may
be ordered by the chief of police. The reasons for suspension or revocation
of a certificate of registration shall be given in writing to the
certificate holder whose certificate of registration is being suspended
or revoked within ten (10) days of such suspension or revocation.
The mailing of such notice to the last known business address provided
on the application of said certificate holder shall constitute sufficient
notice. The notice shall provide an opportunity for a hearing before
the chief of police on the suspension or revocation by filing a request
for a hearing within five (5) days from the receipt of the notice.
Pending a ruling by the chief of police, a certificate of registration
that has been suspended or revoked shall be considered suspended or
revoked. If a written request for a hearing is not filed within the
required time, the suspension or revocation shall be final.
(b)
Suspension or revocation of inspection sticker.
Suspension or revocation of an inspection sticker may be ordered
by the chief of police without notice. The reasons for suspension
or revocation of an inspection sticker shall be given in writing to
the towing company within five (5) days of such suspension or revocation.
Faxing of such notice to the last known business fax number provided
on the application of said towing company shall constitute sufficient
notice. The notice shall provide an opportunity for a hearing before
the chief of police on the suspension or revocation of the inspection
sticker by filing a request for a hearing within five (5) days from
the receipt of the notice. Pending a ruling by the chief of police,
an inspection sticker that has been suspended or revoked shall be
considered suspended or revoked. If a written request for a hearing
is not filed within the required time, the suspension or revocation
shall be final.
(c)
Suspension or removal from rotation list.
Suspension
or removal from the rotation list may be ordered by the chief of police
without notice. The reasons for suspension or removal from the list
shall be given in writing to the towing company within five (5) days
of such suspension or removal. Faxing of such notice to the last known
business fax number provided on the application of said towing company
shall constitute sufficient notice. The notice shall provide an opportunity
for a hearing before the chief of police on the suspension or removal
by filing a request for a hearing within five (5) days from the receipt
of the notice. Pending a ruling by the chief of police, the towing
company shall be considered suspended or removed from the list. If
a written request for a hearing is not filed within the required time,
the suspension or removal shall be final.
(d)
Reissuance of certificate of registration.
If,
after a certificate of registration has been suspended or revoked,
the condition for which it was suspended or revoked has been corrected,
and proof of such correction is made to the chief of police, then
a new certificate of registration shall be issued upon proper application,
fee payment, and proof of meeting all requirements therefor.
(e)
Appeals from ruling by chief of police.
Appeals
from a ruling by the chief of police shall be made in writing to the
city manager within twenty (20) days of such ruling. A hearing or
personal appearance shall be at the discretion of the city manager.
Written notice of the ruling of the city manager shall be given to
the certificate holder within thirty (30) days of the date of the
appeal. Pending a ruling by the city manager, a certificate of registration
or inspection sticker that has been suspended or revoked or a towing
company that has been suspended or removed from the rotation list
shall be considered suspended, revoked or removed. If a written request
to appeal is not filed within the required time, the suspension, revocation
or removal shall be final.
(f)
Reissuance of inspection sticker.
If an inspection
sticker is revoked, a new inspection sticker shall not be issued for
that tow truck for a period of at least six (6) months from the date
of revocation, unless otherwise authorized by the chief of police.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
(a)
It shall be unlawful for any person to drive, or cause to be
driven, a tow truck to or near the scene of a crash on a street within
the city unless such person has been called to the scene by the police
department or by a party involved in the crash; provided, however,
that the prohibition of this subsection shall not be applicable when
such actions are necessary to prevent death or bodily injury to any
person involved in a crash.
(b)
It shall be unlawful for any person to engage in nonconsent
tows in the city unless such person possesses a current, valid certificate
of registration. The police department shall be authorized to summon
tow trucks without a certificate of registration in emergency situations
or as an operational necessity.
(c)
It shall be unlawful for any person to operate a tow truck in the city unless it is equipped as required by state law, and section 8.06.010 herein, if the towing company is participating in the rotation list, as described herein. A tow truck and its required equipment shall be in safe operating condition at all times when the tow truck is operating on the public roadway.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
The driver of a tow truck who removes a vehicle from private
property under this article shall notify the city police department
within 30 minutes of such removal and the registered owner within
seventy-two (72) hours. The information to be provided in such notification
shall include:
(1)
The date, time and location of the removal;
(2)
The physical description and license or registration number
of the vehicle;
(3)
The name of the certificate holder which performed the removal;
and
(4)
The storage location of the vehicle.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
The driver of a tow truck who removes a vehicle for the purpose
of repossessing the vehicle shall be required to do the following:
(1)
Contact the police department prior to making such repossession;
and
(2)
Present a written notice from the lienholder requesting such
repossession, which shall include the following information:
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
It shall be the responsibility of the towing company who stores
vehicles in the city to comply with Vehicle Storage Facilities Act,
chapter 2303, Texas Occupations Code, and, as appropriate, Abandoned
Motor Vehicles, chapter 683, Texas Transportation Code, as now enacted
or as hereafter amended.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
A "towing fee study" is a study to determine the fair market
value of a nonconsent tow and incident management tow originating
in the city, considering financial information provided to the city
by the towing company requesting the study.
(1)
A towing company may request that the city conduct a towing
fee study by filing a written request with the city manager by certified
mail, return receipt requested, or by hand delivery.
(2)
Within 90 days after the filing of an initial request, additional towing companies may join the request by filing written requests in accordance with subsection (1).
(3)
The city shall conduct a towing fee study if the initial requestor
and the additional requestors, if any:
(4)
If the towing fee study is not conducted, the city shall refund the fee, less an administrative fee as provided in the fee schedule in appendix A of this code.
(5)
Each towing company requesting the towing fee study shall cooperate
with the city to conduct the study. Each such towing company shall
provide to the city information determined by the city finance department
to be reasonably necessary to determine the fair market value of towing
services regulated under this article.
(6)
The city finance department shall complete a towing fee study not later than the 120th day after receiving all information required under subsection (5).
(7)
The city finance department shall present to the city council
the results of the towing fee study. The city manager shall give to
each towing company that owns or leases tow trucks registered with
the city written notice of the time, date, and location of the city
council meeting at which the study is to be considered. The notice
must be sent by United States regular mail to the towing companies'
addresses listed in the latest registration applications on file with
the chief of police.
(8)
Based on the results of the towing fee study, the city council
may change the nonconsent towing and incident management fees. The
maximum fees must represent the fair market value of the services
of a towing company performing nonconsent and incident management
tows originating in the city.
(9)
The city is not required to conduct more than one towing fee
study within a two-year time period, measured from the date the city
council most recently considered a towing fee study.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance adopting Code; Ordinance O-2024-015 adopted 3/7/2024)
A towing company may not charge or attempt to charge a fee related
to nonconsent or incident management towing under this article:
(1)
In excess of the fee established;
(2)
For a service not performed or equipment not used; or
(3)
That is not authorized by this article.
(Ordinance 09-010-00 adopted 7/16/09; Ordinance O-2024-015 adopted 3/7/2024)
A tow company who is authorized to participate in the nonconsent
or incident management tow rotation shall agree to waive storage fees
on vehicles under a valid law enforcement hold. Once the hold is released
by an authorized law enforcement official, storage fees may be collected
from the registered owner, beginning from the date the registered
owner is notified that the hold has been removed. Additionally, rotation
towing companies shall provide the following listed services to any
city-owned or -operated vehicle at the prescribed rates:
(1)
$25.00 Change a flat tire within the extraterritorial jurisdiction
of the city.
(2)
$25.00 Jump start vehicle.
(3)
$50.00 Tow any light duty vehicle within the extraterritorial
jurisdiction of the city.
(4)
$125.00 Tow a vehicle outside the extraterritorial jurisdiction
of the city (plus $4.00 per loaded mile).
(Ordinance O-2024-015 adopted 3/7/2024)
