HomeMy WebLinkAbout1996-2224 - Ordinance - 11/20/1996ORDINANCE NO. 2 2 ~- 4
AN ORDINANCE AMENDING CHAPTER 4, SECTION 10, OF THE CODE OF ORDINANCES
OF THE CITY OF COLLEGE STATION, TEXAS, PERTAINING TO WRECKER BUSINESS
REGULATIONS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 4, Section 10, of the City Of College Station Code of Ordinances was
adopted in 1979 as Ordinance No. 1206, as amended by Ordinance No. 1316 in 1981 and
Ordinance No. 1814 in 1989;
WHEREAS, the Texas Transportation Code was enacted by the 74th Legislature, Chapter
165, § 1, effective September 1, 1995;
WHEREAS, Chapter 684 of the Transportation Code governs the removal of unauthorized
vehicles from parking facilities and public roadways;
WHEREAS, several sections of Chapter 4, Section 10, of the City of College Station Code of
Ordinances fail to meet the standards now required under Chapter 684 of the Transportation
Code regarding municipal regulation of towing; and
WHEREAS, this amendment shall be entitled as "Wrecker & Vehicle Storage Business Regu-
lations";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION:
That Chapter 4, Section 10, of the Code of Ordinances of the City of College Station, is hereby
amended to read as follows:
"SECTION 10: WRECKER & VEHICLE STORAGE BUSINESS REGULATIONS
A. DEFINITIONS
(1)
Entrance to Parking Facility means any opening to a parking facility which is
capable of being used by a vehicle to effect ingress into the lot without jumping
curbs or other obstacles not intended for the passage of vehicles.
(2)
Non-consent Tow means a tow that is conducted without the permission of the
owner or operator of the vehicle.
(3)
Owner means any person who holds the legal title to a motor vehicle; is a lien
holder, or has the permission of the registered owner to possess. This does not
include any person who has gained possession of a motor vehicle only as a
result of a tow vehicle service performed.
(4)
Parking Facility means any public or private property used, in whole or in part,
for restricted and/or paid parking of vehicles. "Parking facility" includes, but is
not limited to, commercial parking lots, parking garages, and parking areas
serving or adjacent to businesses, churches, schools, and apartment
complexes. "Parking facility" also includes a restricted portion or portions of an
othenn~ise unrestricted parking facility. It may also include government owned
property leased to a private person such as a portion of the right-of-way of a
public roadway that is leased by a governmental entity to the parking facility
owner.
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Ordinance No.
(5)
(7)
(e)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
Parking Facility Owner means an operator or owner, including any lessee,
employee, or agent thereof, of a parking facility.
Permit means written authorization for specific vehicles, granted by the Chief of
Police, to operate as a tow vehicle within the City. Permits are only required for
vehicles performing Police Directed/Initiated or Non-Consent Tows.
Permit Holder means any person possessing a c..urren_t valid permit to engage
in the wrecker business in the City of College Stabon,/exas, including the tow
company owner(s), driver, or other employee of a tow company.
Person means an individual, a corporation, a partnership, joint venture, or
association.
Police Directed Tow means a tow that is initiated at the req.ue.st of a police offi-
owner/operator's permmslon, .
cer and may be without the vehicle or it may be
initiated through the police department's rotation list where the owner/operator
has no preference to a wrecker company.
Prepare To Tow means a tow vehicle operator must take more than rourine
action in order to engage and tow a vehicle. Examples are unlocking the
vehicle, changing a tim, disconnecting the drive shaft. It does not include tying
the steering wheel, straightening the front wheels, attaching tow stop/turn lights
on the towed vehicle, using go jacks to position the vehicle, or other ordinary
actions that may be required to safely and/or legally tow the vehicle.
Preservation includes tarping a vehicle that has inoperative or broken windows
or doom, obtaining the registered owner information (MVR), .an.d in. ventoryi.n.g
personal property or removing personal property from the venicm Tor security
purposes.
Private Lot Tow means a tow that is conducted from a Parking Facility and
without the consent of the owner or operator of that vehicle.
Relocation means a subsequent tow from one location to another. An example
would be from a vehicle storage facility to a repair shop. It does not include the
original tow from the disabled location to the VSF or from one location in a VSF
to another in the VSF.
Tow Vehicle means any commercial motor vehicle used for the purpose of
towing or removing vehicles.
Tow Vehicle Certificate means the document issued to a tow company by the
Texas Department of Transportation/Motor Carrier Division. This certificate lists
all wreckers licensed to operate for a business within the state and each has the
prescribed minimum of liability insurance.
Unauthorized Vehicle means any vehicle parked, stored, or located in or on a
parking facility without the consent of the parking facility owner.
Vehicle means every device in, upon, or by which any person or property is or
may be transported or drawn upon any street, alley, public park, commons, or
public highway and including motor vehicles, trucks, tractors, trailers, and semi-
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trailers, but excepting devices moved by human power or used exclusively upon
stationary rails or tracks.
(18)
Vehicle Storage Facility (VSF) means a facility located within the City or used
by a permitted Wrecker Company designed or used for the purpose of storing
towed vehicles without the owner's/operator's permission, or through a police
initiated/directed tow and for which a fee may be assessed. Th~s includes
wrecker or tow companies using their own facilities or that of another. Facilities
that receive such vehicles must be a currently licensed VSF through the Texas
Department of Transportation.
(19)
Vehicle Storage Facility Certificate means the certificate issued by the Texas
Department of Transportation/Motor Carrier Division authorizing a business to
store vehicles. A business that stores at least ten (10) non-consent towed
vehicles per year must be licensed.
(20)
Winching means the required use of a mechanized cable system that is used to
pull an object, such as would be used to pull a vehicle from a ditch or creek, or
to upright an overturned vehicle.
(21)
Wrecker Business means the business of towing or removing vehicles upon
the public streets for a fee regardless of whether the purpose of the towing is to
remove, repair, wreck, store, trade, or purchase vehicles.
(22)
Wrecker Company means an individual, corporation, partnership, or associa-
tion engaged in the business of towing vehicles on a public highway for
compensation or with the expectation of compensation for the towing, storage,
or repair of vehicles. The term includes the owner, operator, employee, or
agent of a towing company.
(23)
Wrecker Rotation Lists means lists prepared and maintained by the College
Station Police Department of wrecker companies which have requested and
[ualified to appear thereon, and which maintain wreckers permitted by the
olice Department of College Station.
PERMIT AND CERTIFICATES
(1) Unlawful to Operate without Permit
It shall be unlawful for any person to engage in the wrecker business and make
non-consent tows or police directed tows in the City of College Station unless
such person possesses a current, valid permit for that tow vehicle from the City
of College Station. Wrecker Companies requesting to be placed on the Police
Rotation List must have a permit for each tow vehicle. The permit shall be
displayed in the vehicle where it can be read from the extedor of the vehicle.
Permits will be issued only upon successful inspection of each vehicle for the
(l~rescribed equipment and standards as listed in the application, provided by the
hief of Police. The issuance of a permit is valid for one (1) year and will be
issued following successful inspection of the vehicle for the purpose of ensuring
minimum standards of safety and each truck is equipped sufficiently to provide
adequate services that are required.
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(2)
(3)
(4)
Vehicle Certificates Required
It shall be unlawful to operate, in the wrecker business as a tow vehicle, any
vehicle for which no Texas Department of Transportation tow vehicle certificate
has been issued.
Issuance or Renewal
Permits, unless suspended or revoked, shall be issued or renewed in July of
each year. Permits may be issued for tow vehicles added to the wrecker busi-
ness when licensed and successfully inspected. Permits shall not be prorated,
nor transferable from one vehicle to another or from one company to another.
Foe
The permit fee charged the wrecker company by the College Station Police
Department shall be as set by resolution and shall be of an amount to cover the
cost of inspection and maintaining records regarding the ability to safely and
adequately operate each tow vehicle. This fee shall not exceed any state
allowed maximum.
(5)
Vehicle Storaae Facilitv
Each wrecker company shall only be authorized to operate under permit
provided that company utilizes a Texas Department of Transportation licensed
vehicle storage facility within Brazos County.
(6) Police Inspection
Any wrecker company, tow vehicle, or vehicle storage facility operating as such
within the City limits of College Station may be inspected by an officer of the
police department at any time the wrecker is being operated on the public
streets as a tow vehicle or when the vehicle storage facility is open for business.
Such inspections may be conducted to ensure required permits, licenses, or
equipment is present and operational. Further, the records of such businesses
must be made available for inspection to assure compliance with fee restrictions
of this ordinance and/or state regulations.
WRECKER COMPANY PERMIT APPLICATION
Each wrecker company that performs non-consent tows or that desires to be on the
Police Rotation List shall have a permit for each tow vehicle operated.
(1)
Required Information
Any applicant for a permit shall submit, on a form provided by the Chief of
Police, a verified application containing or accompanied by the following:
(a) The true trade name, address, and telephone number of the wrecker
company.
(b) The true owner(s) of the wrecker company, if the wrecker company is
other than a corporation.
(c) A detailed description of each wrecker proposed to be operated, includ-
ing the Texas Tow Truck license plate number. The company name and
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(2)
(3)
(d)
(e)
(g)
phone number must be permanently displayed on both sides of the tow
vehicle in digits at least four inches (4") in height.
A certificate from the County Tax Assessor Collector that states all taxes
on all properties, real and personal, to be used in connection with the
applicant's wrecker company have been paid. This is to include current
license plate receipts.
A verified statement that there ara no outstanding final civil or criminal
judgments against the wrecker company or the owners thereof in
connection with the operation of the wrecker company.
The original certificate that lists the particular wrecker as having public
liability and property damage insurance issued to a company authorized
to transact business in the State of Texas and such policy shall contain
limits as specified by the Texas Department of Transportation. This
certificate will be ratumed to the owner upon making a photocopy for
police records.
The name of any wrecker company which the applicant has praviously
been associated, merged, or become a successor in interast. Should
the pradecessor have outstanding final civil or cdminal judgments or be
otherwise ineligible for a permit or certificate, the successor company
shall likewise be ineligible until the impediment is ramoved.
(h)
A photocopy of the Vehicle Storage Facility license issued by the Texas
Department of Transportation, which must list the physical address and
(~hone number of the facility to be used, and be located within Brazos
ounty. Each VSF must be publicly listed with the local telephone
company.
Rejections and Revocations
In the event the Chief of Police determines any of the information contained in
the application is inaccurate or not current, he shall reject such application, or if
a certificate or permit has been issued, it shall be suspended until the informa-
tion has been made current.
Application Form
The permit application that any applicant shall submit will be provided by the
College Station Police Department.
INSPECTION OF VEHICLES
Every tow vehicle to be used by the applicant in the wrecker business shall be
inspected by the Chief of Police or his delegate prior to the issuance of a permit to
ascertain if it has the following:
(1) Current safety inspection certificate.
(2) Title or registration documents.
(3) Current State tow truck license number.
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(4) One (1) fire extinguisher, type ABC dry chemical, at least 10 lbs. or equivalent.
(5) Three (3) portable red emergency reflectors or reflective orange safety cones.
Ught set sufficient to provide rear breke/tum lights and tail lights for the towed
load (load lights).
(7) Broom and scoop.
(8) Approved emergency overhead flashing beacons.
(9)
Absorbent materials and container for the purpose of removing vehicle fluid
spills.
(10)
The wrecker company name and telephone number is permanently affixed to
each side of the tow vehicle with digits at least four inches (4") in height.
It shall be unlawful for any permitted vehicle to operate at any time without the required
equipment stipulated by state law or this ordinance.
WRECKER ROTATION LISTS
(1) Qualifications
The City of College Station Police Department shall establish and maintain a
wrecker rotation list and each permitted company is qualified to be on such list if
it maintains a twenty-four (24) hour wrecker service and has one (1) telephone
number which is answered twenty-four (24) hours a day, seven (7) days a week.
Only those wreckers permitted to operate in the City shall be used and only
those wreckers for that specific company are authorized to respond.
(2) Forfeiture of Calls
Failure of any permit holder to deliver that company's wrecker to the scene
where it was requested within thirty (30) minutes of being called will result in the
forfeiture of that call and shall be considered a violation of this ordinance.
Should a company not desire to be on rotation cell for a period of time, the
public safety dispatch shall be notified that the company be removed from rota-
tion calls for a specific time period. It shall be the company's responsibility to
notify dispatch when the company wishes to return to the rotation cell list.
(3) Unneeded Calls
If a wrecker is called to respond to a scene by a police offk?.er and subsequently
is not needed, the wrecker company will be replaced as "next in line" on the
rotation list. A tow vehicle responding and merely performing some minor
service that enables the vehicle to be driven, and for which a small or no fee is
charged, will permit the wrecker company to be placed back at the top of the
rotation list. The maximum fee for this "Drop Fee" shall be set by resolution of
the City Council.
(4) Fee for Being on Rotation List
In addition to the fee charged to obtain a permit for each wrecker, a wrecker
company desiring to be placed upon the rotation list shall pay an additional fee,
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set by resolution, to cover the cost of maintaining the list. This fee shall be
collected annually at the same time the permit fees are collected. This fee shall
not be prorated or refundable and will be assessed on a per company basis.
FEES TO BE CHARGED BY PERMIT HOLDERS OR STORAGE FACILITIES
The maximum fees charged by wrecker companies performing tow services for vehicles
weighing up to and including 10,000 GVW, and vehicle storage facilities shall be in an
amount, set by council resolution or state law, that is sufficient to compensate for their
services. Violations of these fees may be cause for suspension or revocation of the
permit and criminal or civil action against the offender.
DRIVING WRECKERS TO SCENE OF COLLISION PROHIBITED
No person shall drive, or cause to be ddven, a wrecker to or near the scene of a colli-
sion on a street in this City unless such company has been called to the scene by the
College Station Police Department or by a vehicle owner/operator involved in the colli-
sion.
SOLICITING WRECKER [BUSINESS ON CITY STREET PROHIBITED
No permit holder or his employees shall solicit in any manner, directly or indirectly, a
person owning/operating any vehicle which is wrecked or involved in a traffic accident
on a public street. This prohibition applies regardless of whether the solicitation is for
the purpose of soliciting the business of towing, repairing, selling, or purchasing such
vehicle.
POUND HAULS
Any police officer investigating an accident or offense within the City may order the
impoundment of any motor vehicle involved therein when, in the judgment of such offi-
cer, cdminal prosecution will be involved as a result of such accident, or when it is
necessary to impound such vehicle to secure evidence, or when the owner or occupant
of the vehicle is unable or fails to have such vehicle removed. The fees to be charged
for pound hauls will not exceed the maximums allowed by this ordinance or state law.
DUTIES OF PERMIT HOI,.DERS
It shall be the obligation of all permit holders under this section to operate the wrecker
business in a safe manner and is not limited to the following:
(1) Takina Direction from Investigating Officer
(2)
Upon arrival at the scene of a collision within the incorporated limits of the City
of College Station, tow vehicle operators shall take directions on when to
engage or tow from the police officer investigating the collision.
Removing Debris of Collision
Tow vehicle operators that engage and tows any vehicle from the scene of a
collision within the incorporated limits of the City of College Station shall remove
all debris of the collision from the public street. This duty specifically includes
the removal of vehicle parts, glass, and fluids. Such debris shall be disposed of
in a lawful manner which will keep it out of the gutters, storm sewers, streams,
public rights-of-way, and property not belonging to the wrecker company.
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Ko
Disenaaaina
A tow vehicle that removes a vehicle from the original location shall not disen-
gage from the vehicle until the vehicle has been deposited with the appropriate
VSF. Exceptions to this would be to release the vehicle to its owner/operator or
the owner/operator specifies the location of disengagement. This is specifically
enacted to prohibit tow vehicles from engaging an unauthorized vehicle in a
parking facility and moving it to a close location, then returning for another
unauthorized vehicle, ultimately towing all the relocated vehicles to a VSF.
(4) Drops
A tow vehicle that has connected a vehicle for towing shall release the vehicle
to its owner or operator upon payment of the "drop fee'. An exception to this is
where the vehicle Is being taken into custody by a police officer.
ADMINISTRATIVE PENALTIES FOR VIOLATIONS
In addition to the criminal penalties imposed for violations of state law or this ordinance,
any permit holder who violates this ordinance or state regulations may be subject to
sanctions by the Chief of Police, depending on the nature of infraction, number of
infractions, and other circumstances. The range of sanctions shall be from written noti-
fication of violation with warning up to and including revocation of all permits to perform
non-consent and police initiated tows.
REMOVAL BY PARKING FACILITY OWNER
(1) Without Consent of Owner
A vehicle parking facility owner or operator, without the consent of the owner or
operator of an unauthorized vehicle, may cause such vehicle to be removed and
stored at the expense of the owner or operator of the vehicle, if any of the
following occurs:
(a)
State approved sign(s) posted in accordance with the Texas Transporta-
tion Code Chapter 684, specifying those persons who may park in the
perking facility and prohibiting all others, are placed so that they are
legible from all entrances to the perking facility; such sign shall display
the currant phone number of the vehicle storage facility where the unau-
thorizod vehicle is located.
(b)
The owner or operator of the unauthorized vehicle has actually received
notice from the parking facility owner that the vehicle will be towed away
if it is not removed.
(2)
(c)
The unauthorized vehicle is obstructing an entrance, exit, fire lane, or
aisle of the parking facility.
Under Direction of Peace Officer
Otherwise, a parking facility owner may not have an unauthorized vehicle
removed except under the direction of a peace officer, the owner, or operator of
such vehicle.
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Ordinance No.
REPORT OF TOWING OF UNAUTHORIZED VEHICLE TO POLICE DISPATCHER
Regardless of physical location, the vehicle storage facility that receives a vehicle from
a wrecker that removed the vehicle from private or public property within College
Station and on a non-consent basis, pursuant to Chapter 684 of the Texas Transporta-
tion Code, shall notify the City of College Station Police Department Communications
office within one (1)hour of receiving the vehicle. The information to be provided in
such notification shall include:
(1)
The general description of the vehicle towed, including the state and number of
the license plate, and the vehicle identification number (if available);
(2) The wrecker company name that towed the vehicle;
(3) The location from which the vehicle was towed and reason;
(4) The date and time the vehicle was removed from the location;
(5) The date and time the vehicle was accepted at the vehicle storage facility, and
(6) The street address and phone number of the VSF where the vehicle is located.
Such reports shall be made by telephone or in parson. All Vehicle Storage Facilities
must hold a license to operate by the Texas Department of Transportation. A vehicle
storage facility must release vehicles during the time the vehicle storage facility accepts
vehicles. If the VSF accepts vehicles on a twenty-four (24) hour a day basis, it shall
release vehicles on the same basis, with one (1) hour notice.
N. PENALTY FOR VIOLATION
Any person who violates any provision of this section is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine pursuant to the General Penalty set
out in Chapter 1, Section 5, of this Code of Ordinances
II.
This ordinance shall become effective from and after its passage in accordance with the City
Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 2 0 ch day of November, 1996.
APPROVED:
/~NIEST:
E HOOKS, City Secretary
LYNN MclLHANEY, Mayor
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