ORD 2003-14 - Amend Title 7 Tow Trucks 10-21-2003ORDINANCE NO. 2003-14
AN ORDINANCE AMENDING TITLE 7, T OW T RUCKS, O F THE C ODE O F
ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, REDEFINING AND
ADDING TERMS; UPDATING THE PERMIT AND APPLICATION PROCESS;
INCREASING CERTAIN FEES; REDEFINING DUTIES OF PERMIT HOLDERS
ON THE ROTATION LIST; MAKING OTHER PROVISIONS AND FINDINGS
THERETO; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: Title 7, Tow Trucks, of the Code of Ordinances of the City of Huntsville, Texas, Sections
07.01.01 "Definitions," 07.01.03 "Permits, applications and fees," 07.01.04 "Tow truck
requirements," 7.01.07 "Police rotation lists,' 7.01.09 "Soliciting tow truck business on
city streets prohibited," 7.01.11 "Duties of permit holders on rotation lists "are hereby
amended as attached in "Exhibit A".
SECTION 2: All ordinances that are in conflict with the provisions of this Ordinance be, and the same
are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
SECTION 3: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged
or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared
to be invalid, illegal or unconstitutional.
SECTION 4: This Ordinance shall take effect immediately from and after the date of its passage, but
the increased fees adopted by this Ordinance shall become effective immediately.
PASSED AND APPROVED this the 21st day of October 2003.
ATTEST:
Danna Welter, City Secretary
THE CITY OF HUNTS LE
Karl D idson, Mayor
APPROVED AS TO FORM:
Paul C. Isham, City Attorney
Parts:
7.01 GENERALLY
Huntsville, TX Municipal Code
Title 7
TOW TRUCKS*
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Part 7.01
GENERALLY
Sections:
7.01.00E Editor's Note to Title 7.
7.01.01 Definitions.
7.01.02 Removal of vehicles by police department.
7.01.03 Permits; applications and fees.
7.01.04 Tow Truck Requirements.
7.01.05 Insurance and expiration of permits.
7.01.06 Inspection of tow truck equipment and storage facilities used in the tow truck
business.
7.01.07 Police rotation lists.
7.01.08 Police officers not to influence selection of tow truck service.
7.01.09 Soliciting tow truck business on city streets prohibited.
7.01.10 Pound hauls and impounded vehicles.
7.01.11 Duties of permit holders on rotation list.
7.01.12 Removal of vehicles from private property; abandoned vehicles.
7.01.13 Uses of tow truck without city permit prohibited.
7.01.14 Administrative disposition of violations.
7.01.15 Procedures for suspension or revocation of certificates and permits; appeals.
7.01.16 Tow of certain illegally parked vehicles; procedure for vehicle owners to contest
tow; hearings.
7.01.17 Records required of rotation tow truck permittees.
Section 7.01.00E Editor's Note to Title 7.
Editor's note - -Ord. No. 89 -5; § 1, adopted Feb. 21, 1989, as amended by Ord. No. 89 -8, § 1, adopted
April 4, 1989, repealed proir code Ch. 4A, §§ 4A- 1-- 4A -17, relative to automobile wreckers, and enacted
a new prior code Ch. 4A [Title 7] to read as herein set out. The provisions of prior code Ch. 4A derived
from Ord. No. 83 -13, § 1, enacted April 12, 1983.
Cross reference(s)--Abatement and removal o f junked vehicles, § 2 0.10.01 et s eq.; s alvage operations
generally, § 21.03.01 et seq.
Section 7.41.01 Definitions.
For the purposes of this title, the following terms shall have the meanings respectfully ascribed to them in
this section.
City manager means the city manager of the City of Huntsville, Texas.
Chief of police means the chief of police for the City of Huntsville, Texas, or the person designated by the
chief of police to act for the chief of police for the purposes of this title.
Interest means actual working control in whatever manner exercised, including,
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without limitation, working control through ownership, management, debt instruments or (negative
eextrel) 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
ag ined, directly or indirectly, by any person (ef fifty per-eent «^0;) of the pe - iit heldef)
Nonconsent tows: 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.
Owner: 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.
Permit means 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 Title.
Permit holder means any person issued a permit pursuant to this Title of the Code of Ordinances.
Person means 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.
Rotation list: Lists, prepared in accordance with the provisions of this title, 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.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(99 -20, Amended, 06/29/1999)
Section 7.01.02 Removal of vehicles by police department.
Notwithstanding any other provisions of this title, 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.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
* Cross reference(s)-- Removal of traffic hazards, § 20.07.02.
Section 7.01.03 Permits; applications and fees.
A. A city tow truck permit shall entitle the permit holder to use the permitted tow truck(s) to:
1. perform police directed nonconsent tows within the city consistent with state law;
2. perform consent tows from the scene of an accident or a custodial arrest; and
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3. perform tows at the direction of the city from the rotation list.
B. Each permit holder shall pay an annual fee of twenty -five dollars ($25.00). Additionally, the permit
holder shall pay fifty -five dollars ($55.00) for each tow truck to be utilized in accordance with subchapter
A of this section. The fee for any permit for which an application is filed after July 31 shall be one -half
(1/2) the normal fee.
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(s) 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 of Huntsville taxes on all properties, real
and personal, to be used by the permit holder pursuant to this Title are current;
3. A certificate of public liability and property damage issued by a casualty company authorized to do
business in the State of Texas, in the standard form approved by the State Board of Insurance, containing
a provision that at least ten (10) days prior notice of cancellation of said insurance shall be given to the
chief of police of the City of Huntsville, Texas, 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.
D. No permit holder shall use a tow truck for making tows in accordance with this Title unless (1) the
permit holder( °Mile depository S, 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 of Huntsville,
Texas, or its extraterritorial jurisdiction, and (2) a permit fee has been paid for the tow truck in accordance
with subsection B above.
E. No person shall have interest in more than one (1) permit holder, and shall file
a sworn affidavit on a form supplied by the city to that fact.
(Ord. No. 89 -5; Ord. No. 89 -8)
(99 -20, Amended, 06/29/1999; 95 -10, Amended, 03/21/1995)
Section 7.01.04 Tow Truck Requirements.
All city permitted tow trucks shall, in addition to the state's tow truck standards, meet the following
minimum requirements:
A. Be a minimum one (1) 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 city
manager. All such vehicles shall be equipped with booster brakes or air brakes;
B. Be equipped with a wheel lift or roll -back;
C. Shall be equipped with a functional lightbar
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D. Shall be in such condition that it can safely and reliably be used as a tow truck.
E. Shall be free from damaged bodies, defective paint, and other conditions which may make them
unsightly.
F. Each permit holder shall own and have access to one (1) dolly; provided, however, that any permit
holder with more than one (1) tow truck shall have one dolly for every two (2) tow trucks permitted by
the City of Huntsville.
G. To be permitted for heav -duty tow truck rotation, the truck must be capable of towing an 80.000
pound (maximum gross weight) "tractor - trailer ".
(Ord. No. 89 -5; Ord. No. 89 -8)
(99 -20, Amended, 06/29/1999; 95 -10, Amended, 03/21/1995)
Section 7.01.05 Insurance and expiration of permits.
A. The chief of police shall issue a permit for all tow trucks so complying with the provisions of this title
upon proper application being made therefor unless legal grounds exist for denying such a permit.
B. Each permit shall expire at midnight on the first January 31 after issuance and will be renewable only
upon compliance with the provisions of this chapter and any other applicable laws, ordinances or
regulations that shall be in effect at the time of the renewal application.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(99 -20, Amended, 06/29/1999)
Section 7.01.06 Inspection of tow truck equipment and storage facilities used in the tow truck
business.
Any permit holder, or applicant, by virtue of making application therefor agrees to permit during normal
business hours, the inspection of tow trucks, tow truck equipment and storage facilities. 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. Each permit holder on the rotation list shall enter into an
agreement as authorized from time to time by city council.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
Section 7.01.07 Police rotation lists.
A. The chief of police shall establish and maintain the rotation lists. There shall be one rotation list for
regular tow trucks and a separate rotation list for heavy -duty tow trucks. (Tow tmeks on the heavy duty
GG " " ff " ff as these tefms
defined in § 541.201 of the:FeNas Tfanspei4mien Code.)
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.
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C. A permit holder is qualified to be on such lists if the permit holder maintains:
1. At least one (per -mited) tow truck in compliance with 7.01.04; and
2. A twenty -four hour tow truck service and does not have more than two (2) telephone numbers.
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 complete description of the vehicle to be towed, including the license plate number and the vehicle
identification number;
*Any visible damage to the inside or outside of the vehicle;
*Any personal property contained within the vehicle which is visible from outside that vehicle;
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*Any visible missing parts or paraphernalia;
*The location from which the vehicle is being towed;
*The date and time the vehicle is picked up by the tow truck;
*The reason the vehicle is being towed;
*The location to which the vehicle is to be towed;
*The signature and employee number of the police officer authorizing the tow;
*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 twenty (20) minutes of
notification.
H. The following maximum fees may be charged by regular rotation permit holders under this section for
the use of the tow truck designated and no additional charges may be made:
*All police directed tows
*Removal of waste debris generated by the collision or waiting not
including the first hour, per hour
*Storage of towed vehicles, per day
loss than twelve (12) h,,ufo
*Notification (State regulated) (Owner and Lien Holder)
*Preservation (State regulated)
*All other labor, charges, storage
(i.e. heavy -duty rotation tows)
(55.00) $125.00
25.00
(10.00) 15.00
(25.00) 32.00
(10.00) 20.00
Usual and customary rates
I. The fee when a vehicle is lawfully hooked -up but not towed from the scene is one -half (1/2) 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.
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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
Title and be subject to the administrative disposition of violations contained in Section 7.01.14.
(Ord. No. 89 -5; Ord. No. 89 -8)
(99 -20, Amended, 06/29/1999; 98 -15, Amended, 08/18/1998; 95 -10, Amended, 03/21/1995)
Section 7.01.08 Police officers not to influence selection of tow truck service.
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.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 44-89)
Section 7.01 .09 Soliciting tow truck business on city streets prohibited.
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 Subsection that the collision (Fes , „o in
was
investigated by a Texas Department of Public Safety law enforcement officer.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(2001 -07, Amended, 03/27/2001)
Section 7.01.10 Pound hauls and impounded vehicles.
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. A ny p olice o fficer m ay, for 1 awful p urpose, d irect t hat a ny v ehicles s hall be t aken t o a utomobile
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impoundment facilities owned or used by the city, such facilities, whether at one or more locations, are
hereinafter referred to as the city pound.
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 city
pound.
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.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
Section 7.01.11 Duties of permit holders on rotation list.
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 exits, and 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. The officer on the scene of the accident may provide assistance in locating a place for
disposal of such debris;
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4. No permit holder shall store any vehicle or tow trucks on the public streets or right -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 thirty (30) days as a result of a collision, this shall be prima facie
proof that the vehicle is illegally stored.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
Section 7.01.12 Removal of vehicles from private property; abandoned vehicles.
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 vehicle and does not notify the city police division within
one hour of such removal. 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 permit holder which performs the removal; and
4. The storage location of the vehicle.
B. Nothing in this title shall be construed to authorize a nonconsent tow except where permitted by state
law.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
Section 7.01.13 Uses of tow truck without city permit prohibited.
A. A person commits an offense if the person owns or operates a tow truck that performs a 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.
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Section 7.01.14 Administrative disposition of violations.
The chief of police shall have, as to the holder or applicant of any permit or permits, the duty and
authority to enforce the provisions of this title by administrative action in accordance with the principles
and procedures set forth herein:
A. 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.
B. 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.
C. Administrative remedies that the chief of police may employ to enforce the provisions of this title
include, but are not limited to:
1. Suspension or revocation of any or all permits; this power includes the authority to remove or cause to
be removed any sticker or other evidence of a permit from tow truck or tow trucks;
2. Removal of a permit holder from the rotation list.
D. 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:
1. Is in a condition that it cannot safely tow a vehicle;
2. Is not then covered by insurance as required in this title;
3. Does not then meet all requirements for a permit;
4. Failure to meet at all time the requirements for a permit;
5. 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;
6. 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;
7. Driving any tow truck to or from the scene of a collision in a manner which endangers any person;
8. Failure to arrive in response to a police call within reasonable time;
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9. Violation of motor vehicle or traffic laws while in scope of employment;
10. Failure to report seized or abandoned vehicles;
11. False statements of material fact;
12. Relocation of vehicle depository or storage facility to a location that is further outside the city limits;
13. Repeated suspensions;
14. Collecting or charging any fee in excess of those set out in this title.
15. Violation of laws regarding removal or impounding of vehicles;
16. Violation of ordinances regulating tow trucks; or
17. Three or more violations within one year of ordinances or rules by permittee or agents or employees.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(99 -20, Amended, 06/29/1999)
Section 7.01.15 Procedures for suspension or revocation of certificates and permits; appeals
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 (10) 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 fifteen (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 manager within
ten (10) days of the chief of police's decision. The city manager 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 (10) days of the notice of appeal to the city manager. A written ruling of the city manager shall
be given to the permit holder within twenty (20) days of receipt of any written submission to the city
manager.
C. An appeal from the written decision of the city manager may be made to the city council by fling a
written request for the appeal with the city secretary within ten (10) days of the issuance of the city
manager'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 manager. The council shall schedule the
vote on the appeal within thirty (30) days of the filing of the written request for appeal with the city
secretary, and the permit holder or his/her representative and the chief of police or his/her representative
may make an oral presentation not to exceed ten (10) 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
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application, fee payment, and proof of meeting all requirements thereof.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(99 -20, Amended, 06/29/1999)
Section 7.01.16 Tow of certain illegally parked vehicles; procedure for vehicle owners to contest
tow; hearings.
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 twenty -four (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
fourteen (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.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(99 -20, Renumbered, 06/29/1999)
Section 7.01.17 Records required of rotation tow truck permittees.
A. Each city permittee of a tow truck shall keep tow slips issued by city for one (1) 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
manager or his 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 fifty
dollars ($50.00) nor more than five hundred dollars ($500.00). Each day for which proper records have
not been kept shall be a separate offense.
(Ord. No. 89 -5, § 1, 2- 21 -89; Ord. No. 89 -8, § 1, 4 -4 -89)
(99 -20, Renumbered, 06/29/1999)
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