The chief of police of the city or as otherwise designated by the city manager is hereby authorized to:
(1) 
Operate a city impound and storage facility for towed vehicles;
(2) 
Close, upon his order, any city impound and storage facility;
(3) 
Enter into a contract with a tow truck service to tow vehicles from public streets, scenes under police control, and city-owned facilities of this city and store them either on the city impound facility or on the parking facility of that tow truck service.
(Code 1975, § 24-1)
In the event that the chief of police or as otherwise designated by the city manager exercises his authority under section 86-1(c), the following provisions shall apply:
(1) 
If the city chooses to have the tow truck operator store the vehicles on its own lot, the tow truck service must have an all-weather surfaced and secure automobile storage area of sufficient size to meet the needs of the city as a storage and impound area for vehicles towed from the city streets.
(2) 
If the city chooses to have the tow truck operator store vehicles on its own lot, the tow truck service must erect a sign clearly identifying its storage area as the city auto impound. A clear sign must identify the days and hours that the members of the public can claim vehicles and obtain their release.
(3) 
The tow truck service contract must contain the tow truck fees charged to the public and must contain a provision that the fees cannot be increased without approval, in writing, by the city.
(4) 
The tow truck service contract must contain a section which governs the charges made to the city for towing of its vehicles which cannot be increased without approval of the city.
(5) 
The tow truck service contract will provide a mandatory provision for providing the capability of towing and storing large vehicles such as semitractors and semi trailers which require special towing equipment.
(6) 
The tow truck service contract shall be let by the city only after it has taken bids or requests for proposals. The criteria for such bids or requests for proposal shall be developed by the chief of police and the city manager and may include limitations on the distance of the storage lot from city limits, experience in performing tow service and in conducting auctions of vehicles under state law and any other factors they may deem proper. The contract shall provide for the tow truck service to conduct auctions of towed, stored, and abandoned vehicles pursuant to the laws of the state, and to hold the city harmless in connection with such auction process; the contract shall not authorize the tow truck service to delegate this service. The tow truck service contract shall specify that the tow truck service operator must have at least four tow trucks in continuous serviceable operation at all times during the term of the contract. The said contract shall specify that the tow truck service company shall comply with all directives given by the police department personnel during police-initiated activity. The said contract shall contain such other provisions including response time which the chief of police deems necessary to insure good and acceptable towing and storage service to the city, its inhabitants, and the persons using its public streets and thoroughfare. The tow truck service contract shall contain provisions for administrative fees and costs to be paid to the city which are generated by towing and storage fees, and a provision that all fees shall be adjusted annually for increases in the Consumer Price Index for the Dallas-Fort Worth area as established by the appropriate agency of the U.S. Government, or any other fees study implemented by the city. Such increases shall be subject to review and written concurrence of the city's director of finance.
(7) 
The tow truck service engaged shall be governed by the Texas Tow Truck Act and the Texas Storage Facility Act. Any further amendments to those state laws shall supersede provisions of this chapter.
(8) 
The chief of police will require a criminal history check and drug record check on each driver employed by the city contract tow truck service.
(9) 
The contract will provide that the contractor tow truck service will accept all vehicles towed from the public streets of the city or that such vehicles will be pulled to the city-owned impound, if the city operates an impound, and if the chief of police orders vehicles pulled to the city impound. The contractor shall not be allowed to use any impound area other than its own without written approval of the chief of police. The location of its storage area must be clearly identified in the contract.
(10) 
The contract shall contain a procedure for the release of vehicles to the public from the storage/impound area.
(11) 
Until such time that the criteria for bids or requests for proposal have been developed and the contract let as per the foregoing, the police chief is authorized to contract with any tow truck operator for towing services. Fees for services of the city impound and fees for towing services shall remain at the rates in effect at the time of passage of the ordinance from which this article is derived.
(Code 1975, § 24-2)
The towing of vehicles from public streets shall fall into one of two categories: (i) owner's request, or (ii) police department tow truck.
(1) 
Owner's request.
A tow truck requested to render service or towing for a particular person at their request. The operator of the vehicle or its owner must request this tow truck service by name. This tow truck service is not required to be on an approved listing to tow for this police department, but must have in place a tow truck tag as required by the state department of transportation or it will not be allowed to tow the vehicle. An owner's request tow truck may be used at the scene of an accident or on a vehicle that is abandoned, unless the officer on the scene determines that the vehicle is hazardous or that a time delay would endanger or hamper the general public's safety, well being, or the investigation. If the officer deems it necessary, a "police department tow truck" will be notified for immediate removal.
(2) 
Police department tow truck.
This tow truck is under police control and is called under police authority to remove or otherwise move vehicles. The vehicles moved by this tow truck will be taken to the location designated by police officials. These tows are to be considered by definition as nonconsent tows. The police department tow truck is a contractual towing service that is determined by a contract let under section 86-1(3). The police department tow truck service shall be used for all vehicles on which a tow/pull is required by the police department and called by police authority to be towed to the police impoundment area. The police towing service shall tow all vehicles involved in accidents where the owner is not present, or is unable to request a tow truck, or in situations where the operator is hospitalized or incarcerated. This service shall also tow vehicles being held in criminal cases as evidence, vehicles seized for forfeiture in civil actions or vehicles involved in accidents where the officer deems it necessary to remove the vehicle by police authority and nonconsent towing as defined under applicable state law.
(Code 1975, § 24-3)
(a) 
Generally.
No person shall drive a tow truck to or near the scene of an accident within the city unless such tow truck has been called to the scene by the owner, or his representative, of a vehicle involved, or by the police department. Each such tow truck operator, when called directly by the vehicle owner or his representative, shall notify the police dispatcher before proceeding to the scene of the disabled vehicle at the accident scene.
(b) 
Recommendation prohibited.
No employee of the city shall recommend to any person directly or indirectly, either by word or gesture, sign or otherwise, the name of any particular person or firm engaged in the tow truck business, nor shall any city employee influence or attempt to influence, in any manner, a decision of a person in choosing or selecting a tow truck service, company or operator.
(Code 1975, § 24-5)
Each tow truck company called to the scene of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the accident site.
(Code 1975, § 24-6)
No person or firm shall operate a tow truck business in any manner, directly or indirectly, within the city limits for the purpose of towing a vehicle without the direct and express consent of the owner of the vehicle being towed, unless that tow truck or company has made the proper notification as prescribed by law to the police department, prior to the removal of the vehicle. Proper notification is deemed as the location the vehicle is being removed from, removed by whom, removed to what location, removed by whose authority, and complete description of the vehicle, in a written manner on the prescribed form at the police department.
(Code 1975, § 24-7)
(a) 
Contractual tow trucks; private property towing; nonconsent towing.
(1) 
Tow truck services or firms engaging in private property, nonconsent towing of vehicles pursuant to V.T.C.A., Transportation Code § 684.001 et seq., shall be licensed by the state pursuant to V.T.C.A., Transportation Code § 643.051 et seq., or any amendments to these state laws.
(2) 
A tow truck service towing and/or a vehicle storage facility accepting a nonconsent towed vehicle towed from private property must report that tow to the police department. This reporting must be made within 30 minutes of removing the vehicle, giving a general description of the vehicle, the vehicle license plate number and issuing state, vehicle identification number, location from which it was removed, where it is stored, contact information of storage facility and of the persons authorizing the vehicle to be removed.
(b) 
Parking facility signage and posting requirements.
(1) 
These requirements shall apply only where notice of prohibited parking is given by signs. These requirements shall not apply to tows made of vehicles parked in fire lanes or of vehicles obstructing an entrance, exit, or aisle of a parking facility.
(2) 
Signs shall be placed on the righthand side of each driveway access or curb cuts allowing vehicular access to a parking facility. If there are no curbs or access barriers, signs shall be placed at intervals of not less than 25 feet around the perimeter which is accessible by vehicles.
(3) 
Each sign shall be placed at a right angle so as to face entering traffic. Each sign shall be placed no farther than five feet from the public right of way, but shall not be within said right-of-way.
(4) 
Each sign shall be permanently installed on a pole, post, permanent wall, or permanent barrier so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above the ground level.
(5) 
Each sign shall be a minimum of 18 inches wide by 24 inches high, and a maximum of 24 inches wide by 30 inches high. Their facings shall be fabricated out of weatherproof material. The letters on such signs shall be of a minimum height of two inches, of a contrasting color to the background, and shall be light-reflective. The background shall be white.
(6) 
Each sign shall state who may park in the facility, and shall further state that all others are prohibited and will be towed away at the owner's expense. The words "TOW AWAY ZONE" or "TOWING ENFORCED" shall be included on each sign in capital letters of a minimum height of two inches.
(7) 
Each sign shall provide the name and current telephone number of the person or firm authorized to tow vehicles from the parking facility, and the name and current telephone number of the vehicle storage facility, if different from the person or firm authorized to tow vehicles. Alternatively, each sign may state the name and phone number of the parking facility owner if that person has knowledge of the location of the stored vehicle.
(8) 
Signs shall be continuously maintained at a parking facility for 24 hours prior to the towing or removing of any vehicle. However, this subsection shall not be deemed as giving proper notice to the owner of a vehicle parked on a parking facility prior to the installation of the signs and not subsequently moved by the owner.
(9) 
These provisions shall be in addition to the requirements of V.T.C.A., Transportation Code §§ 684.001 et seq. and 685.001 et seq., or any amendments to these state laws.
(c) 
Notification.
A facsimile transmission of the authorized police department form shall be considered proper notification under both section 86-7 and subsection (a) of this section.
(Code 1975, § 24-8)