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ORD 2005-18 Title 7 Tow Trucks ORDINANCE 2005-18 AN ORDINANCE AMENDING TITLE 7 TOW TRUCKS OF THE HUNTSVILLE, TEXAS MUNICIPAL CODE TO INCLUDE REVISIONS TO SECTION 7.01.07, 7.01.12 AND 7.01.13; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Huntsville is a home rule city acting under its charter adopted by the electorate pursuant to the Texas Constitution and the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1. Title 7 Tow Trucks, Section 7.01.07(H), Police rotation lists, shall be amended as follows: 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 $125.00 *Removal of waste debris generated by the collision or waiting not including the first hour, per hour 25.00 *Storage of towed vehicles not longer than 25 feet, per day 20.00 longer than 25 feet, per day 35.00 *Notification (State regulated) (Owner and Lien Holder) 32.00 *Preservation (State regulated) 20.00 *All other labor, charges, storage Usual and customary rates (i.e. heavy-duty rotation tows) SECTION 2. Title 7 Tow Trucks, Section 7.01.12, Removal of vehicles from private property; abandoned vehicles, shall be amended as follows: September 14,2005 Page 1 of 3 A. A person commits an offense if the person removes a vehicle from private property without express written or verbal consent of the owner of the property and does not notify the city police division within one hour of such removal. The information to be provided in such notification shall include: 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 wrecker company 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. SECTION 3. Title 7 Tow Trucks, Section 7.01.13, Uses of tow truck without City permit prohibited, shall be amended as follows: A. A person commits an offense if the person owns or operates a tow truck that performs a police directed nonconsent tow within the city without a city permit B. A person commits an offense if the person owns or operates a tow truck that performs a tow at the scene of an accident or a custodial arrest on a public street or right-of-way without a city permit. C. It shall be an affirmative defense to prosecution under any provision of this article that the tow truck is owned by the vehicle owner of the vehicle being towed, carried or otherwise transported by the tow truck. D. It shall also be an affirmative defense to prosecution under any provision of this article that regulates tow trucks that the vehicle being towed, carried or otherwise transported by the tow truck was originally picked up or loaded onto the tow truck at a specific location outside the city. E. Additionally, it shall be an affirmative defense to prosecution under this article that the motor vehicle was being towed by the tow truck pursuant to a request by the lienholder of the motor vehicle; and that the tow truck was incidental to a lawful repossession of the vehicle; and that the tow truck driver has complied with all requirements of this article that would be applicable if the lienholder were the vehicle owner of the vehicle being towed. September 14,2005 Page 2 of 3 SECTION 4. SEVERABILITY CLAUSE If any part of the provision of this ordinance or the application of this ordinance to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these requirements even without any such part, provision, or application which is judged to be invalid. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect on October 1, 2005. PASSED AND APPROVED this 20th day of September,2005. J. Turne , yor ATTEST: Danns Welter, City Secretary �v A"- Thomas A. Le r, Ci Attorney September 14,2005 Page 3 of 3 A ORDINANCE 2005-18 AN ORDINANCE AMENDING TITLE 7 TOW TRUCKS OF THE HUNTSVILLE, TEXAS MUNICIPAL CODE TO INCLUDE REVISIONS TO SECTION 7.01.07, 7.01.12 AND 7.01.13; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Huntsville is a home rule city acting under its charter adopted by the electorate pursuant to the Texas Constitution and the Local Government Code. j NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1. Title 7 Tow Trucks, Section 7.01.07(H), Police rotation lists, shall i be amended as follows: i 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 $125.00 *Removal of waste debris generated by the collision or waiting not including the first hour, per hour 25.00 *Storage of towed vehicles not longer than 25 feet, per day 20.00 longer than 25 feet, per day 35.00 i *Notification (State regulated) (Owner and Lien Holder) 32.00 *Preservation (State regulated) 20.00 *All other labor, charges, storage Usual and customary rates (i.e.heavy-duty rotation tows) SECTION 2. Title 7 Tow Trucks, Section 7.01.12, Removal of vehicles from private property, abandoned vehicles, shall be amended as follows: - -- ----Pa e1-of3 --- SepteinUer 14,-2005- --- —----_ ---- - -- g A. A person commits an offense if the person removes a vehicle from private property without express written or verbal consent of the owner of the property and does not notify the city police division within one hour of such removal. The information to be provided in such notification shall include: 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 wrecker company 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. SECTION 3. Title 7 Tow Trucks, Section 7.01.13, Uses of tow truck without City permit prohibited, shall be amended as follows: A. A person commits an offense if the person owns or operates a tow truck that performs a police directed nonconsent tow within the city without a city permit B. A person commits an offense if the person owns or operates a tow truck that performs a tow at the scene of an accident or a custodial arrest on a public street or right-of-way without a city permit. C. It shall be an affirmative defense to prosecution under any provision of this article that the tow truck is owned by the vehicle owner of the vehicle being towed, carried or otherwise transported by the tow truck. D. It shall also be an affirmative defense to prosecution under any provision of this article that regulates tow trucks that the vehicle being towed, carried or otherwise transported by the tow truck was originally picked up or loaded onto the tow truck at a specific location outside the city. E. Additionally, it shall be an affirmative defense to prosecution under this article that the motor vehicle was being towed by the tow truck pursuant to a request by the lienholder of the motor vehicle; and that the tow truck was incidental to a lawful repossession of the vehicle; and that the tow truck driver has complied with all requirements of this article that would be applicable if the lienholder were the vehicle owner of the vehicle being towed. - - -Sepfember 14;2005 — - ----- - - — -- - Page 2 of 3 _ _ SECTION 4. SEVERABILITY CLAUSE If any part of the provision of this ordinance or the application of this ordinance to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these requirements even without any such part, provision, or application which is judged to be invalid. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect on October 1, 2005. PASSED AND APPROVED this 20th day of September, 2005. J. Turne , yor ATTEST: Q� Danna Welter, City Secretary AP 1 3 4� ,-'112-A t/-, Thomas A. Le r, Ci Attorney _. - - - - - _-.Pa e 3 of 3 _ .__--SeptemlieT�1412005�. _ _ _ _.___ __...... ___._. __ _..__._ __ __ g Exhibit B CC Approved September 15,2009 Updated 11/12/2009 Updated 1/19/2010 City of Huntsville Schedule of Fees and Charges Fiscal Year 2009-2010 Public Safety Sexually Oriented Business Permit Ordinance Original Application $400 Renewal Application $200 Wrecker Permit $25/yr per holder+$55/yr per tow truck Ordinance Taxi/Chauffer $100/yr per taxi Ordinance Accident Report $3 Ordinance Offense Report 10¢per page Ordinance Fingerprinting Fee $10 per person Past Practice Alarm Fees Ordinance 0-5 False Alarms No Charge 6-10 False Alarms $10 each Over 10 False Alarms $30 each Tow Truck Companies Fee Allowed to be Charged by Tow Truck CompanyNot Collected by City" All Police Directed Tows $125.00 Ordinance Debris Removal $25.00 Ordinance Waiting,per hour after the first hour $25.00 Ordinance Storage for vehicles 25'in length and under per day $20.00 Ordinance Storage for vehicles>25'in length,per day $35.00 Ordinance Notification $50.00 Ordinance Preservation $20.00 Ordinance Water Services . ' Single Family Residential Ordinance First 3,000 gallons .75 inch meter $13 per month 1 inch meter $19 per month 1.5 inch meter $25 per month 2 inch meter $41.50 per month 3 inch meter $163 per month 4 inch meter $208 per month 6 inch meter $312 per month 8 Inch meter $433 per month Between 3,000 and 12,999 gallons $2.25 per thousand gallons Over 13,000 gallons $2.64 per thousand gallons Commercial/Jointly Metered Residential Ordinance First 3,000 gallons .75 inch meter $15 per month 1 inch meter $21 per month 1.5 inch meter $27 per month 2 inch meter $43.50 per month 3 inch meter $165 per month 4 inch meter $210 per month 6 inch meter $315 per month 8 inch meter $435 per month Lee Woodward From: Ron Cleere Sent: Tuesday, January 19, 2010 4:55 PM To: Lee Woodward Cc: Darryle Slaven; Kevin Lunsford Subject: Help with Changes to Tow Truck Ordinance Dear Lee, Here's (briefly) what the ordinance used to say (my copy is dated 08/20/2009 and is from http://Iibrary7.municode.com/default/DocView/14355/l/39/40), followed by what is says now: OLD: Section 7.01.03 Permits; applications and fees. 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. NEW: Sec. 48-251. Permits; applications and fees. (b) Each permit holder shall pay an annual fee as established by ordinance from time to time. Additionally, the permit holder shall pay a fee as established by ordinance from time to time for each tow truck to be utilized in accordance with subsection (a) of this section. The fee for any permit for which an application is filed after July 31 shall be one-half the normal fee. OLD: Section 7.01.07 Police rotation lists. 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 . . . $125.00 - Removal of waste debris generated by the collision or waiting not including the first hour, per hour . . . 25.00 - Storage of towed vehicles not longer than 25 feet, per day . . . 20.00 Longer than 25 feet, per day . . . 30.00 - Notification (State regulated) (Owner and Lien Holder) . . . 32.00 - Preservation (State regulated) . . . 20.00 - All other labor, charges, storage (i.e. heavy-duty rotation tows) . . .Usual and customary rates NEW: Sec. 48-255. Police rotation lists. (h) The maximum fees that may be charged by regular rotation permit holders under this section for the use of the tow truck designated shall be as established by ordinance from time to time. No additional charges may be made. What we need to know is whether the old rates still apply, and if so, where reference to them can be found in the new system. Thanks in advance for your assistance. 1 Sgt. Ron Cleere Huntsville Police Department 1 l MEMORANDUM TO: Lee Woodward, City Secretary Winston Duke, Finance Director FROM: Allwin Barrow, Director of Public Safety DATE: January 21, 2010 SUBJECT: Tow Truck Ordinance—Fees charged/allowed I would like to recommend that the following fees and charges related to the Tow Truck Ordinance be added to the official fee schedule for the City of Huntsville: Fees Charged by the City of Huntsville: - Annual Tow Truck Ordinance Permit Application Fee - $25.00 - Annual Tow Truck Ordinance Fee per tow truck- $55.00 Fees Allowed to be Charged by Tow Truck Companies: - All Police Directed Tows - $125.00 - Debris Removal- $25.00 - Waiting,per hour after the first hour- $25.00 - Storage for vehicles 25' in length and under, er days')- $20.00 - Storage for vehicles>25' in length,per days' - $35.00 - Notification(2)- $50.00 cij.,t--s - Preservation- $20.00 According to TDLR, a daily storage fee may be charged for any part of the day, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the vehicle storage facility less than 12 hours. In this paragraph a day is considered to begin and end at midnight. (2) The maximum fee allowed under TDLR is $50.00, with concessions made for recovery of additional amounts for the cost of publication. Also, if a vehicle is removed by the vehicle owner before notification is sent or within 24 hours from the time the vehicle storage facility receives the vehicle,the vehicle storage facility operator may not charge a notification fee to the vehicle owner. Please refer to the attached excerpt from the TDLR Vehicle Storage Facility Administrative Rules for more information. F r t 85.722. Responsibilities of Licensee--Storage Fees and Other Charges. (New section adopted effective April 15, 2008, 33 TexReg 2931) (a)For the purposes of this section, "VSF operator" includes a garage,parking lot, or other facility that is: (1) owned by a governmental entity; and (2)used to store or park at least 10 vehicles each year. (b) The fees outlined in this section have precedence over any conflicting municipal ordinance or charter provision. (c)Notification fee. (1) A VSF may not charge a vehicle owner more than $50 for notification under these rules. If a notification must be published, and the actual cost of publication exceeds 50%of the notification fee, the VSF operator may recover the additional amount of the cost of publication. The publication fee is in addition to the notification fee. (2) If a vehicle is removed by the vehicle owner within 24 hours after the date the VSF receives the vehicle, notification is not required by these rules. (3) If a vehicle is removed by the vehicle owner before notification is sent or within 24 hours from the time VSF receives the vehicle,the VSF operator may not charge a notification fee to the vehicle owner. (d)Daily storage fee. A VSF operator may not charge less than $5.00 or more than $20 for each day or part of a day for storage of a vehicle that is 25 feet or less in length. A VSF operator shall charge a fee of$35 for each day or part of a day for storage of a vehicle that exceeds 25 feet in length. (1) A daily storage fee may be charged for any part of the day, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the VSF less than 12 hours. In this paragraph a day is considered to begin and end at midnight. (2) A VSF that has accepted into storage a vehicle registered in this state shall not charge for more than five days of storage fees until a notice, as prescribed in §85.703 of these rules, is mailed or published. (3) A VSF operator that has accepted into storage a vehicle not registered in Texas shall not charge for more than five days before the date the request for owner information is sent to the appropriate governmental entity. Such requests shall be correctly addressed, with sufficient postage, and sent by certified mail, or electronic certified mail,return receipt requested, to the + governmental entity with which the vehicle is registered requesting information relating to the identity of the last known registered owner and any lienholder of record. (4) A VSF operator shall charge a daily storage fee after notice, as prescribed in §85.703, is mailed or published for each day or portion of a day the vehicle is in storage until the vehicle is removed and all accrued charges are paid. (e) Impoundment fee. A VSF operator may charge a vehicle owner an Impoundment fee if Impoundment is performed in accordance with these rules. The Impoundment fee may not exceed $20. If the VSF operator charges a fee for Impoundment,the written bill for services must specify the exact services performed for that fee and the dates those services were performed. (f) Governmental or law enforcement fees. A VSF operator may collect from a vehicle owner any fee that must be paid to a law enforcement agency, the agency's authorized agent, or a governmental entity. (g) Environmental hazard fee. A VSF operator may collect from a vehicle owner a fee in an amount set by the commission for the remediation, recovery, or capture of an environmental or biological hazard. (h) Additional fees. A VSF operator may not charge any additional fees related to the storage of a vehicle other than fees authorized by these rules or a nonconsent-towing fee posted on a nonconsent towing fees schedule on file with the department and posted at the VSF. 85.723. Responsibilities of Licensee--Disposal of Certain Vehicles. (New section adopted effective April 15, 2008, 33 TexReg 2931) (a) Applicability. A VSF operator may not dispose of a vehicle unless the operator has complied with all provisions of the Act, including §§2303.151-2303.154 and §2303.157, concerning notification and disposal of abandoned vehicles. (b)Documentation and records. A VSF operator shall keep complete and accurate records of any vehicle disposed of under these rules. These records shall include: (1) a copy of all forms completed by the VSF and provided to the vehicle buyer; (2) copies of all notifications issued to the registered owner and all recorded lienholders, regardless of whether the notifications were mailed or published; and (3) a copy of all forms submitted to governmental authorities to dispose of and demolish an abandoned nuisance vehicle. f r PART 7.01. GENERALLY � �� ( �N Page 1 of 10 Dc—J) oaa" -S t C� PART 7.01. GENERALLY Section 7.01.01 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, without limitation, working control through ownership, management, debt instruments or other financial arrangements, as the case may be, of the permit holder. A rebuttable presumption of the existence of interest shall arise from the benefit gained, directly or indirectly, by any person. 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)(2003-14, Amended, 10/21/2003; 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 references: Removal of traffic hazards, § 20.07.02. http://library7.municode.com/default/DocView/14355/l/39/40 8/20/2009 PART 7.01. GENERALLY Page 2 of 10 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 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 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)(2003-14, Amended, 10/21/2003; 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 reflecte8i 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; http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 FART 7.01. GENERALLY Page 3 of 10 B. Be equipped with a wheel lift or roll-back; C. Shall be equipped with a functional lightbar. 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 heavy-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)(2003-14, Amended, 10/21/2003; 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. 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. C. A permit holder is qualified to be on such lists if the permit holder maintains: 1. At least one 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. http://library7.municode.com/default/DoeView/14355/l/39/40 8/20/2009 FART 7.01. GENERALLY Page 4 of 10 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 aP ermitted tow truck on the rotation list, or the tow truck service does not answer thehone, the owner will be requested to make other designation. P i 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; • 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 http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 FART 7.01. GENERALLY Page 5 of 10 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 . . . $125.00 • Removal of waste debris generated by the collision or waiting not including the first hour, per hour . . . 25.00 • Storage of towed vehicles not longer than 25 feet, per day . . . 20.00 longer than 25 feet, per day . . . 30.00 • Notification (State regulated) (Owner and Lien Holder) . . . 32.00 • Preservation (State regulated) . . . 20.00 • All other labor, charges, storage (i.e. heavy-duty rotation tows) . . . 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. 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)(2005-18, Amended, 09/20/2005; 2003-14, Amended, 10/21/2003; 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, 4-4-89) 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. v 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 http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 PART 7.01. GENERALLY Page 6 of 10 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 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)(2003-14, Amended, 10/21/2003; 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. 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. (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; http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 PART 7.01. GENERALLY Page 7 of 10 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; 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)(2003-14, Amended, 10/21/2003) 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 property and does not notify the city police division within one hour of such removal. The information to be provided in such notification shall include: 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 wrecker company 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)(2005-18, Amended, 09/20/2005) 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 police directed nonconsent tow within the city without a city permit B. A person commits an offense if the person owns or operates a tow truck that performs a tow at the scene of an accident or a custodial arrest on a public street or right-of-way without a city permit. C. It shall be an affirmative defense to prosecution under any provision of this article that the tow truck is owned by the vehicle owner of the vehicle being towed, carried or otherwise transported by the tow truck. D. It shall also be an affirmative defense to prosecution under any provision of this article that regulates tow trucks that the vehicle being towed, carried or otherwise transported by the tow truck was originally picked up or loaded onto the tow truck at a specific location outside the city. http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 PART 7.01. GENERALLY Page 8 of 10 i I 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. (Ord. No. 89-5, § 1, 2-21-89; Ord. No. 89-8, § 1, 4-4-89)(2005-18, Amended, 09/20/2005) 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; i 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; 9. Violation of motor vehicle or traffic laws while in scope of employment; 10. Failure to report seized or abandoned vehicles; http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 PART 7.01. GENERALLY Page 9 of 10 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 filing 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 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 http://library7.municode.com/default/DocView/14355/1/39/40 8/20/2009 PART 7.01. GENERALLY Page 10 of 10 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) httn://Iibrarv7.municode.com/default/DocView/14355/l/39/40 8/20/2009 ARTICLE III. TOW TRUCKS* Page 1 of 10 0-J ARTICLE 111. TOW TRUCKS* *State law references: Tow truck regulation by political subdivisions, V.T.C.A., Transportation Code § 643.201 et seq.; authority for regulation by political subdivisions of fees for nonconsent tows, V.T.C.A., Transportation Code § 643.203; storage of towed vehicles, nonconsent tows, V.T.C.A., Transportation Code §643.206; notification, impoundment and storage fees for vehicle storage facilities, V.T.C.A., Occupations Code § 2303.155. Sec. 48-249. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chief of police means the chief of police for the city, or the person designated by the chief of police to act for the chief of police for the purposes of this article. City manager means the city manager of the City of Huntsville, Texas. Interest means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or other financial arrangements, as the case may be, of the permit holder. A rebuttable presumption of the existence of interest shall arise from the benefit gained, directly or indirectly, by any person. Nonconsent tows means 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 means 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 article. Permit holder means any person issued a permit pursuant to this article. 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 means lists, prepared in accordance with the provisions of this article, of tow trucks qualified to appear thereon, to be used to remove any vehicle, including wrecked or disabled vehicles, from a public street or private property by the police department. (Code 1961, § 7.01.01; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 99-20, 6- 29-1999; Ord. No. 2003-14, 10-21-2003) Sec. 48-250. Removal of vehicles by police department. Notwithstanding any other provisions of this article, in any circumstance in which a vehicle or http://hbrary7.municode.com/default-test/DocView/14353/1/128/131?hilite=tow;tows;truc... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 2 of 10 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. (Code 1961, § 7.01.02; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989) Sec. 48-251. Permits; applications and fees. (a) A city tow truck permit shall entitle the permit holder to use the permitted tow truck 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 (3) Perform tows at the direction of the city from the rotation list. (b) Each permit holder shall pay an annual fee as established by ordinance from time to time. Additionally, the permit holder shall pay a fee as established by ordinance from time to time for each tow truck to be utilized in accordance with subsection (a) of this section. The fee for any permit for which an application is filed after July 31 shall be one-half 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 by the permit holder. A tow truck cannot be used by more than one permit holder; (2) A certificate from the city tax assessor-collector that all city taxes on all properties, real and personal, to be used by the permit holder pursuant to this article are current; (3) A certificate of public liability and property damage issued by a casualty company authorized to do business in the state, in the standard form approved by the state board of insurance, containing a provision that at least ten days prior notice of cancellation of said insurance shall be given to the chief of police of the city, by the insurance company, and providing that the amount of coverage shall comply with the limits established by state regulation; (4) A list of drivers employed by the permit holder along with the drivers' current driving records. (d) No permit holder shall use a tow truck for making tows in accordance with this article unless: (1) The permit holder possesses a licensed vehicle storage facility and office in the name of the permit holder located wholly or partially within the incorporated limits of the city, or its extraterritorial jurisdiction; and (2) A permit fee has been paid for the tow truck in accordance with subsection (b) of this section. (e) No person shall have interest in more than one permit holder, and shall file a sworn affidavit on a form supplied by the city to that fact. (Code 1961, § 7.01.03; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1,4-4-1989; Ord. No. 95-10, 3- 21-1995; Ord. No. 99-20, 6-29-1999; Ord. No. 2003-14, 10-21-2003) http://library7.muriicode.com/default-test/DocView/14353/1/128/131?hilite=tow;tows;truc... 1/20/2010 I ARTICLE III. TOW TRUCKS* Page 3 of 10 Sec. 48-252. Tow truck requirements. (a) All city-permitted tow trucks shall, in addition to the state's tow truck standards, meet the following minimum requirements: (1) Be a minimum of one ton (minimum gross vehicle weight) in capacity as reflected on the manufacturer's certificate. If the vehicle does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the city manager. All such vehicles shall be equipped with booster brakes or air brakes; (2) Be equipped with a wheel lift or roll-back; (3) Be equipped with a functional lightbar; (4) Be in such condition that it can safely and reliably be used as a tow truck; (5) Be free from damaged bodies, defective paint, and other conditions which may make them unsightly; (6) Each permit holder shall own and have access to one dolly; provided, however, that any permit holder with more than one tow truck shall have one dolly for every two tow trucks permitted by the city. (b) To be permitted for heavy-duty tow truck rotation, the truck must be capable of towing an 80,000 pound (maximum gross weight) tractor-trailer. (Code 1961, § 7.01.04; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 95-10, 3- 21-1995; Ord. No. 99-20, 6-29-1999; Ord. No. 2003-14, 10-21-2003) Sec. 48-253. Issuance and expiration of permits. (a) The chief of police shall issue a permit for all tow trucks so complying with the provisions of this article upon proper application being made therefor unless legal grounds exist for denying such a permit. (b) Each permit shall expire at 12:00 midnight on the first January 31 after issuance and will be renewable only upon compliance with the provisions of this article and any other applicable laws, ordinances or regulations that shall be in effect at the time of the renewal application. (Code 1961, § 7.01.05; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 99-20, 6- 29-1999) Sec. 48-254. 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. (Code 1961, §7.01.06; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989) Sec. 48-255. Police rotation lists. (a) The chief of police shall establish and maintain the rotation lists. There shall be one rotation http://Iibrary7.municode.com/default-test/DocView/14353/1/128/131?hilite=tow;tows;truc... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 4 of 10 list for regular tow trucks and a separate rotation list for heavy-duty tow trucks. (b) The rotation lists shall contain the names of all permit holders qualified and requesting to be on such lists. Each permit holder will be afforded one slot on the rotation lists. (c) A permit holder is qualified to be on such lists if the permit holder maintains: (1) At least one tow truck in compliance with 48-252; and (2) A 24-hour tow truck service and does not have more than two 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. i (1) Such designation by the owner will be indicated in writing on a form provided by the city and signed by the owner. (2) When the designation has been properly made, the police officer shall communicate the name of the designated tow truck service to the police communications center. (3) The police communications center shall cause the designated tow truck service to be called and directed to send to the scene of the collision a permitted tow truck. (4) If the designated tow truck service is not a permit holder, and does not have available a permitted tow truck on the rotation list, or the tow truck service does not answer the phone, the owner will be requested to make other designation. (e) If the owner of a vehicle involved in a collision is physically unable to designate the tow truck service desired to remove the vehicle, or the owner fails or refuses to designate one, or has no preference, then the police officer shall communicate that fact immediately to the police communications center. (1) Such designation by the owner will be indicated in writing on a form provided by the city and signed by the owner if the owner is physically able. If not, the police officer shall indicate by notation on the form. (2) The police communications center shall call the tow truck next in line after the last permitted tow truck so called and request the permit holder to tow the vehicle from the scene of the collision. If the permit holder does not answer the phone or cannot provide a tow truck permitted to him, the next permit holder on the list shall be called. The permit holder may use any tow truck permitted under the permit holder's name to make the call. (3) No person shall tow, carry or transport a motor vehicle under the direction or authority of a police officer unless a tow slip has been issued to the driver of the tow truck by the police officer. Such tow truck slip shall be filled out by the police officer on a form designated by the city. The tow truck slip shall contain the following information: a. A complete description of the vehicle to be towed, including the license plate number and the vehicle identification number; b. Any visible damage to the inside or outside of the vehicle; c. Any personal property contained within the vehicle which is visible from outside that vehicle; d. Any visible missing parts or paraphernalia; e. The location from which the vehicle is being towed; f. The date and time the vehicle is picked up by the tow truck; http://hbrary7.municode.com/default-test/DocV iew/143 5 3/1/128/131?hilite=tow;tows;truc... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 5 of 10 g. The reason the vehicle is being towed; h. The location to which the vehicle is to be towed; i. The signature and employee number of the police officer authorizing the tow; j. The signature and tow truck license number of the tow truck driver. (f) If the permit holder after the arrival at the scene determines, in conjunction with the police officer in charge, that assistance is needed, then the permit holder shall arrange for such assistance within a reasonable time. (g) Any permit holder selected shall deliver a tow truck to the scene within 20 minutes of notification. (h) The maximum fees that may be charged by regular rotation permit holders under this section for the use of the tow truck designated shall be as established by ordinance from time to time. No additional charges may be made. (i) The fee when a vehicle is lawfully hooked up but not towed from the scene is one-half the regular towing fee. (j) No fee shall be charged for towing any vehicle under directions or authority of a city police officer unless the tow truck driver has obtained a completed tow slip from the police officer. (k) Any person collecting or charging any fee greater than the maximum fee schedule established herein for towing a vehicle pursuant to the direction of a city police officer from the rotation list shall violate this article and be subject to the administrative disposition of violations contained in section 48-262. (Code 1961, § 7.01.07; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, §1, 4-4-1989; Ord. No. 95-10, 3- 21-1995; Ord. No. 98-15, 8-18-1998; Ord. No. 99-20, 6-29-1999; Ord. No. 2003-14, 10-21-2003; Ord. No. 2005-18, 9-20-2005) Sec. 48-256. 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. (Code 1961, § 7.01.08; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989) Sec. 48-257. 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. http://library7.municode.com/default-test/DocV iew/143 5 3/1/128/131?hilite=tow;tows;truc... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 6 of 10 (c) It shall be an affirmative defense that the vehicle was not disabled as a result of a collision. (d) It shall be an affirmative defense to prosecution under this section that the collision was investigated by a state department of public safety law enforcement officer. (Code 1961, §7.01.09; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 2001-07, 3-27-2001; Ord. No. 2003-14, 10-21-2003) Sec. 48-258. 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. j (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. (Code 1961, § 7.01.10; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989) Sec. 48-259. 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 exists, and the permit holder is unable to perform tow, said permit holder will immediately pass and the next permit holder on rotation will be summoned. Performing the tow will be defined as physically towing the vehicle in question. Under no circumstance will a permit holder be allowed to drive a vehicle which is the subject of rotation call from a scene. (3) Permit holder personnel who haul any vehicle from the scene of a collision within http://library7.municode.com/default-test/DocView/14353/1/128/131?hilite=tow;tows;true... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 7 of 10 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. (4) No permit holder shall store any vehicle or tow trucks on the public streets or rights- of-way. Permit holders will use reasonable care in the storage of property not belonging to said permit holders so as to minimize the risk of theft or damage. If any damaged or inoperable vehicle is found upon the public right-of-way within a reasonable distance of an automobile repair shop and police records show that such vehicle was taken to that place within 30 days as a result of a collision, this shall be prima facie proof that the vehicle is illegally stored. (Code 1961, § 7.01.11; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 2003-14, 10-21-2003) Sec. 48-260. 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 property and does not notify the city police division within one hour of such removal. The information to be provided in such notification shall include: (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 wrecker company which performs the removal; and (4) The storage location of the vehicle. (b) Nothing in this article shall be construed to authorize a nonconsent tow except where permitted by state law. (Code 1961, §7.01.12; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 2005-18, 9-20-2005) Sec. 48-261. 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 police directed nonconsent tow within the city without a city permit. (b) A person commits an offense if the person owns or operates a tow truck that performs a tow at the scene of an accident or a custodial arrest on a public street or right-of-way without a city permit. (c) It shall be an affirmative defense to prosecution under any provision of this article that the tow truck is owned by the vehicle owner of the vehicle being towed, carried or otherwise transported by the tow truck. (d) It shall also be an affirmative defense to prosecution under any provision of this article that regulates tow trucks that the vehicle being towed, carried or otherwise transported by the tow truck was originally picked up or loaded onto the tow truck at a specific location outside the city. http://library7.municode.com/default-test/DocView/14353/1/128/131?hilite=tow;tows;truc... 1/20/2010 • ARTICLE III. TOW TRUCKS* Page 8 of 10 (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. (Code 1961, § 7.01.13; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 2005-18, 9-20-2005) Sec. 48-262. Administrative disposition of violations. The chief of police shall have, as to the holder or applicant of any permit, the duty and authority to enforce the provisions of this article by administrative action in accordance with the principles and procedures set forth herein: (1) The properly and safe functioning of the tow truck business has critical impact on the health, safety and welfare of the public, involving use of the public streets of the city, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on said streets; therefore, the privilege of any person to engage in the tow truck business in the city shall be subject to strict regulations in order to protect the public. (2) For purposes of invoking any administrative remedy against a permit holder, the act or omission of any agent or employee of said permit holder shall be considered to be the acts or omission of said permit holder. (3) Administrative remedies that the chief of police may employ to enforce the provisions of this article include, but are not limited to: a. 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; b. Removal of a permit holder from the rotation list. (4) Grounds for suspension of any or all permits include driving a tow truck to the scene of a collision in response to a call by any person for a tow truck, or towing a vehicle with a tow truck when the tow truck, the tow truck driver, or the permit holder does not meet all the following conditions, as applicable: a. Is in a condition that it cannot safely tow a vehicle; b. Is not then covered by insurance as required in this article; c. Does not then meet all requirements for a permit; d. Failure to meet at all times the requirements for a permit; e. Failure to maintain at all times at least one tow truck in such condition that it meets the requirements for a permit and for eligibility to be on the rotation list; f. Driving or causing to be driven to the scene of a collision in response to a call from the police department any tow truck which does not then meet the requirements of the rotation list; g. Driving any tow truck to or from the scene of a collision in a manner which endangers any person; h. Failure to arrive in response to a police call within reasonable time; i. Violation of motor vehicle or traffic laws while in scope of employment; http://Iibrary7.municode.com/default-test/DocView/14353/l/128/131?hilite=tow;tows;truc... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 9 of 10 j. Failure to report seized or abandoned vehicles; k. False statements of material fact; I. Relocation of vehicle depository or storage facility to a location that is further outside the city limits; m. Repeated suspensions; n. Collecting or charging any fee in excess of those set out in this article; o. Violation of laws regarding removal or impounding of vehicles; p. Violation of ordinances regulating tow trucks; or q. Three or more violations within one year of ordinances or rules by the permittee or agents or employees. (Code 1961, §7.01.14; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 99-20, 6- 29-1999) Sec. 48-263. Procedures for suspension or revocation of certificates andpermits; 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 days prior to the date of the hearing. Mailing of such notice to the last known business address of said permit holder shall constitute sufficient notice. Evidence and testimony shall be taken at the hearing and the hearing will be recorded. The decision of the chief of police, including any order of suspension or revocation shall be issued within 15 days of the hearing and written notice of that decision shall be sent to the permit holder. (b) An appeal from the decision of the chief of police may be made in writing to the city manager within ten 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 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 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 filing a written request for the appeal with the city secretary within ten 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 30 days of the filing of the written request for appeal with the city secretary, and the permit holder or his representative and the chief of police or his representative may make an oral presentation not to exceed ten minutes in length to the council prior to the vote on the appeal. (d) If, after any permit has been suspended, the condition for which it was suspended has been corrected, and proof of such correction is made to the chief of police, then a new permit may be issued upon proper application, fee payment, and proof of meeting all requirements thereof. (Code 1961, § 7.01.15; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 99-20, 6- 29-1999) http://hbrary7.municode.com/default-test/DocView/14353/1/128/131?hilite=tow;tows;truc... 1/20/2010 ARTICLE III. TOW TRUCKS* Page 10 of 10 Sec. 48-264. 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 24 hours by telephone call, or by postcard or form letter mailed by first class mail to the last known registered owner of the motor vehicle, that this vehicle has been towed and how he can reclaim it. (b) If the owner contests the legality of the tow and desires possession of his vehicle without posting of any security, a hearing shall be set before the municipal court on its next full working day following the written request for hearing. (c) If the owner contests the legality of the tow, the owner shall be entitled to immediate possession of his vehicle upon written request for hearing and the deposit with the municipal court of a sum sufficient to secure payment of towing and storage fees. A hearing shall then be set before the municipal court within 14 days to determine the legality of the tow. j (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. (Code 1961, § 7.01.16; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 99-20, 6- 29-1999) Sec. 48-265. Records required of rotation tow truck permittees. (a) Each city permittee of a tow truck shall keep tow slips issued by the city for one year from the date of the latest transaction. (b) It shall be unlawful for any holder of a city tow truck permit to fail to keep the records as herein provided, or to fail to produce any of these records for inspection and copying upon request of the city 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 $50.00 nor more than $500.00. Each day for which proper records have not been kept shall be a separate offense. (Code 1961, §7.01.17; Ord. No. 89-5, § 1, 2-21-1989; Ord. No. 89-8, § 1, 4-4-1989; Ord. No. 99-20, 6- 29-1999) I I http://Iibrary7.municode.com/default-test/DocView/14353/l/128/131?hilite=tow;tows;truc... 1/20/2010