ORD 1989-05 -Tow Trucks Changes Permit Dates, Rules For Nonconsent & Consent Tows 02-21-1989ORDINANCE NO. 89-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING CHAPTER 4A, AUTOMOBILE WRECKERS, OF THE CODE OF ORDINANCES
OF THE CITY; PERMITTING TOW TRUCKS USED FOR NONCONSENT TOWS, POLICE
DEPARTMENT TOWS, AND TOWS FROM THE SCENE OF ACCIDENTS; DELETING
PERMIT REQUIREMENTS FOR CERTAIN TOW TRUCKS MAKING CONSENT TOWS
ONLY; CHANGING PERMIT DATES FROM JANUARY 1 TO FEBRUARY 1;
ESTABLISHING A FEE WHEN TOW NOT COMPLETED; ESTABLISHING EVIDENTIARY
RULES REGARDING SOLICITING BUSINESS; PROHIBITING USE OF NON
PERMITTED WRECKERS FOR NONCONSENT OR POLICE DIRECTED TOWS;
REQUIRING CERTAIN TOW SLIP RECORDS TO BE MAINTAINED; MAKING OTHER
PROVISIONS RELATED HERETO; REPEALING PRIOR ORDINANCES INCONSISTENT
HEREWITH; PROVIDING A FINE OF UPTO $200.00 A DAY FOR VIOLATIONS OF
THE ORDINANCE; REQUIRING PUBLICATION OF THE ORDINANCE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby
amended by the repeal of Chapter 4A, Automobile Wreckers, as
presently constituted, and by the adoption of a new Chapter 4A,
Tow trucks, which shall read as follows:
Chapter 4A
TOW TRUCKS
Section 4A -1. Definitions
For the purposes of this chapter, the following terms shall have the
meanings respectfully ascribed to them in this section.
City Manager: The City Manager of the City of Huntsville, Texas, or the
person designated by the manager to act for the manager for the purposes of
this chapter.
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: Authorization granted by City Manager for a tow truck to be used for
nonconsent tows, on the city rotation list, or for consent tows from the scene
of an accident or a custodial arrest.
Permit Holder: Owner of a city permitted tow truck.
Rotation List: Lists, prepared in accordance with the provisions of this
chapter, 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.
Section 4A -2. Removal of vehicles by Police Department.
Notwithstanding any other provisions of this chapter, 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 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.
Section 4A -3. Permits; applications and fees.
(a) A city tow truck permit shall entitle the permit holder to use the
permitted tow truck to :
1. perform nonconsent tows within the City consistent with
state law;
2. perform consent tows from the scene of an accident or a
custodial arrest;
3. perform tows at the direction of the City from the rotation
lists.
(b) Each permit holder shall pay an annual fee of $25.00.
Additionally, the permit holder shall pay $55.00 for each tow truck on the
rotation list. 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 proposed to be used for police
department hauls.
2. the true name, trade name, address and telephone number of
the person that will operate the tow truck when called off
the rotation lists.
3. a certificate from the city tax assessor - collector that all
City of Huntsville taxes on all properties, real and
personal, to be used in connection with the applicant's tow
truck business are current.
4. a certificate of public liability and property damage
insurance 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 city
manager 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 regulations.
(d) No permit shall be issued to any applicant unless the applicant's
vehicle depository is wholly or partially located within the incorporated
limits of the City of Huntsville, Texas or its extraterritorial jurisdiction.
(e) The permit, when granted, shall be kept in the tow truck permitted.
Section 4A -4. Tow Truck Requirements.
All city permitted tow trucks shall, in addition to the state's tow
truck standards, meet the following minimum requirements:
(a) Have a least three - fourths (3/4) 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.
(b) Shall be in such condition that it can safely and reliably be used
as a tow truck.
(c) Each permit holder shall own and have access to one dolly;
provided, however, that any permit holder with more than one permit shall have
one dolly for every two tow trucks on the rotation list.
Section 4A -5. Insurance and expiration of permits.
(a) The city manager shall issue a permit for all tow trucks so
complying with the provisions of this chapter 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.
Section 4A -6. 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.
Section 4A -7. Police rotation lists.
(a) The city manager shall establish and maintain the rotation lists.
(b) The lists shall contain the names of all permit holders qualified
and requesting to be on such lists.
(c) A permit holder is qualified to be on such list if the permit
holder maintains:
1. at least one permitted tow truck required to be on such
lists; and
2. a twenty -four hour tow truck service and has not more than
two (2) telephone numbers, which number are answered
twenty -four (24) hours a day, seven (7) days a week. The
use of an answering service shall be permitted.
(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, 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 office shall communicate that fact immediately to the police
communications center.
1. Such designation by the owner will be indicated in writing
on a for 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 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 to 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;
* 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 towing and storage fee and fee schedule;
* The permit number of the tow truck being used for the tow;
* 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 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 permit holders under
this section for the use of the tow truck designated and no additional charges
may be made:
* All police directed tows
* Use of dollies
* Winching for a vehicle from a ditch
for righting an overturned vehicle
or for similar unusual circumstances
* Removal of waste debris generated by
the collision or waiting not including
the first hour, per hour
* Storage of towed vehicles, per day
(No charge if vehicle stored for
less than twelve (12) hours)
* All other labor, charges, storage
$35.00
20.00
15.00
25.00
5.00
Usual and customary rates
(i) The fee when the tow truck has been called to and timely arrives at
the scene but not towed from the scene is one /half the regular towing fee.
(j) No fee shall be charged for towing any vehicle under direction or
authority of a city peace officer unless the tow truck driver obtained a
completed tow slip.
Section 4A -8. 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.
Section 4A -9. 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 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.
Section 4A -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) Any police officer may, for lawful purpose, direct that any
vehicles shall be taken to automobile 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.
Section 4A-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) 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;
(3) 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 said 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.
Section 4A-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:
I. 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 section shall be construed to authorize a
nonconsent tow except where permitted by state law.
Section 4A -13. Uses of tow truck without city permit prohibited.
(a) A person commits an offense if the person owns or operates a tow
truck which 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 which performs a tow 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; that the towing
was incidental to a lawful repossession of the vehicle; and that the tow truck
driver has complied with all requirements of this article which would be
applicable if the lienholder were the vehicle owner of the vehicle being
towed.
Section 4A -14. Administrative disposition of violations.
The City Manager shall have, as to the holder or applicant of any permit
or permits, the duty and authority to enforce the provisions of this chapter
by administrative action in accordance with the principles and procedures set
forth hereinafter:
(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 manager may employ to enforce the
provisions of this chapter 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 and 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
article;
(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 a 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;
(9) Violation of motor vehicle or traffic laws while in scope of
employment;
(10) Failure to answer calls;
(11) Failure to report seized or abandoned vehicles;
(12) False statements of material fact;
(13) Relocation of vehicle depository or storage facility to a
location that is further outside the city limits;
(14) Repeated suspensions;
(15) Collecting or charging any fee in excess of those set out in
this chapter.
(16) Violation of laws regarding removal or impounding of
vehicles;
(17) Violation of ordinances regulating tow trucks; or
(18) Three or more violations within one year of ordinances or
rules by permittee or agents or employees
Section 4A -15. Procedures for suspension or revocation of certificates and
permits; appeals.
(a) The city manager may suspend any or all permits. The reason for
suspension or•revocation of any permits shall be given in writing to the
permit holder whose permits are being suspended, within ten (10) day of such
suspension. Mailing of such notice to the last known business address of said
permit holders shall constitute sufficient notice. Appeals from a suspension
shall be made in writing to the city council within twenty (20) days of such
suspension. Written notice of the ruling of the city council shall be given
to the permit holder within thirty (30) days of the suspension.
(b) Suspension of any tow truck permits may be accomplished by the city
manager after a hearing. Notice of hearing, the administrative action which
may be taken, and the grounds therefor shall be given to the permit holder ten
(10) days prior to the hearing. Mailing of said notice shall constitute
sufficient notice. Suspension of a permit shall be accomplished by a notice
in writing to the permit holder, which states that the suspension has
occurred. Such notice shall be given within ten (10) days of such suspension.
(c) If after any permits have been suspended, the condition for which
they were suspended has been corrected, and proof of such correction is made
to the city manager, then a new permit may be issued upon proper application,
fee payment, and proof of meeting all requirements thereof.
Section 4A -16. Appeals, grievances by permit holder.
(a) Any person aggrieved by a decision of the city manager may appeal
to the city council. Notice of appeal shall be in writing and filed within
ten (10) days of the decision of the city manager. Such appeals shall be
determined by the city council after a hearing of which person has had
reasonable notice.
(b) The city council shall render a written decision within thirty (30)
days of an appeal
Section 4A -17. 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 with 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. 83 -13, §1, 4- 12 -83)
Section 4A -18. 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 or by the city manager. 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 two hundred dollars ($200.00). Each day for
which proper records have not been kept shall be a separate offense.
Section 2: Any person, firm, or corporation violating any provisions of
this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of
up to Two Hundred Dollars ($200.00) upon conviction. Each day
during or upon which said person shall violate or continue
violation of any provision of this Ordinance or non - compliance
with any requirement of this Ordinance shall constitute a distinct
and separate offense. The violation of any provision of this
Ordinance or the failure to comply with any requirement of this
Ordinance shall each constitute a distinct and separate offense.
Section 3: If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be
cumulative of other Ordinances regulating and governing the
subject matter covered by this Ordinance.
Section 5: The City Secretary is hereby directed to cause the caption of this
Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the
date of final passage.
PASSED AND APPROVED this L� day o / , 1989.
THE CITY OF HUNTSVILLE
y
Jan j onday, ayor
eShaw, City Secretary
APPROVED AS TO FORM:
Scott Bounds, City Attorney