HomeMy WebLinkAbout2013-3492 - Ordinance - 04/11/2013 ORDINANCE NO. 2013 3 q2.
AN ORDINANCE AMENDING CHAPTER 4, `BUSINESS REGULATIONS" SECTION
10 "TOW TRUCK & VEHICLE STORAGE BUSINESS REGULATIONS ", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BE
AMENDED AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That CHAPTER 4, "BUSINESS REGULATIONS" SECTION 10 "TOW
TRUCK & VEHICLE STORAGE BUSINESS REGULATIONS ", of the Code
of Ordinances of the City of College Station, Texas, be amended as set out in
Exhibit "A ", attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not less than Twenty -Five Dollars ($25.00) or
more than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station. n
PASSED, ADOPTED and APPROVED this day of A y , 2013.
APPROVED: y�
Mayor
ATTEST:
City Secret ,d
APP 1 VED:
City Attorney
EXHIBIT "A"
That CHAPTER 4, BUSINESS REGULATIONS" SECTION 10 "TOW TRUCK &
VEHICLE STORAGE BUSINESS REGULATIONS ", of the Code of Ordinances of the City
of College Station, Texas be amended and is to read as follows:
SECTION 10: TOW TRUCK & VEHICLE STORAGE BUSINESS REGULATIONS
A. Definitions.
(1) Consent Tow means any tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle or by a person who has possession, custody, or
control of the vehicle. The term does not include an Incident Management Tow or a Private
Property Tow.
(2) Drop Fee means a fee that is offered instead of a towing fee that allows the vehicle
operator to stop the tow without paying the full towing fee and any additional storage fees.
(3) Hooked Up means the vehicle is fully prepared for transport by attachment to a tow
truck, lifted in tow position, with tow lights and safety chains attached, and if required
placed on a dolly in a raised position and the only action remaining is for the tow operator
to drive away.
(4) Non - Consent Tow means any tow of a vehicle that is not a Consent Tow including:
a. Incident Management Tow means any tow of a vehicle in which the tow truck is
summoned to the scene of a traffic accident or to an incident, including the removal of a
vehicle, commercial cargo, and commercial debris from an accident or incident scene.
b. Private Property Tow means any tow of a vehicle authorized by a parking
facility owner without the consent of the owner or operator of the vehicle.
5) Parking Facility means any public or private property used, in whole or in part, for
restricted or paid parking of vehicles. The term includes a restricted space on a portion of an
otherwise unrestricted parking facility, a commercial parking lot, a parking garage, and a
parking area serving or adjacent to a business, church, school, home, apartment complex,
property governed by a property owner's association, or government -owned property leased
to a private person.
(6) Parking Facility Owner means an owner or operator of a parking facility, including
any lessee, employee, or agent of an owner or operator.
(7) Person means an individual, a corporation, organization, business trust, estate, trust,
partnership, joint venture, association, or other legal entity.
(8) Tow Business means the business of towing or removing vehicles compensation, or
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the expectation of compensation, regardless of whether the purpose of the towing is to
remove, repair, wreck, store, trade, or purchase vehicles.
(9) Tow Company means an individual, corporation, partnership, or other legal entity
engaged in the tow business and includes the owner, operator, employee or agent of the tow
company, but does not include a political subdivision of the state. For the purposes of this
ordinance, each such legal entity is considered a separate tow company.
(10) Tow Truck means a vehicle, including a wrecker, equipped with a mechanical device
used to tow, winch, or otherwise move another vehicle.
(11) Tow truck license means the certification of registration issued to a tow company by
the State of Texas, listing all tow trucks licensed to operate for that tow company within the
state.
(12) Unauthorized vehicle means any vehicle parked, stored, or located in or on a Parking
Facility without the consent of the Parking Facility Owner.
(13) Vehicle means a device in, on, or by which a person or property may be transported on
a public roadway. The term includes an operable or inoperable automobile, truck,
motorcycle, recreational vehicle, or trailer, but does not include a device moved by human
power or used exclusively on a stationary rail or track.
(14) Vehicle storage facility (VSF) means a garage, parking lot, or any facility owned or
operated by a person other than a governmental entity for storing or parking ten (10) or
more vehicles per year.
(15) Vehicle Storage Facility License means the license issued by the State of Texas
authorizing a business to store vehicles.
B. License required.
(1) Unlawful to operate without license. It shall be unlawful for any person to engage in
the Tow Business and make Non - Consent Tows in the City of College Station unless such
person possesses a current, valid tow truck license that lists each tow truck operated by that
Tow Company.
(2) Vehicle Storage Facility. Each tow company performing Non - Consent Tows shall
utilize a Texas Department of Transportation licensed VSF located within Brazos County.
(3) Police Inspection. Any tow truck performing Non - Consent Tows within the City
limits of College Station may be inspected by an official of the College Station Police
Department at any time the tow truck is being operated on the public streets as a tow truck.
Such inspections may be conducted to ensure required licenses and compliance with this
ordinance and state law. Further, upon the request of the Chief of Police or his designee, a
tow company performing Non - Consent Tows within the City shall produce records from
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the VSFs used for Non - Consent Tows to ensure compliance with the maximum rates
established under this ordinance and other requirements of this ordinance and state law.
C. Fees to be charged by tow companies.
(1) Private Property Tows fees are regulated by Texas Occupations Code Section
2308.0575 and Texas Administrative Code Title 16 Part 4 Section 86.455, as amended.
(2) Drop Fees are regulated by Texas Occupations Code Section 2308.0575 and Texas
Administrative Code Title 16 Part 4 Section 86.455, as amended.
D. Driving tow trucks to scene of collision prohibited.
No Tow Company shall drive, or cause to be driven, a tow truck to or near the scene of a
incident on a street within the City unless such Tow Company has been called to the scene
by the College Station Police Department or by a vehicle owner or operator involved in the
incident.
E. Soliciting towing business on City street prohibited.
No Tow Company shall solicit in any manner, directly, or indirectly to a person owning or
operating any vehicle, which is wrecked or involved in an incident 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.
F. Impound tows.
Any police officer investigating an incident or offense within the City may order the
impoundment of any vehicle involved therein when, in the judgment of such officer,
criminal prosecution will be involved as a result of such event, 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 impound tows will
not exceed the maximum rates allowed under this ordinance or state law.
H. Duties of tow companies.
It shall be the obligation of all Tow Companies under this section to operate the Tow
Business in a safe manner, to include, but not be limited to the following:
(1) Taking direction from investigating officer. Upon arrival at the scene of a collision
within the City, tow truck operators shall take directions on when to engage or tow from the
police officer investigating the collision; and
(2) Removing debris of collision. Tow truck operators that engage and tow any vehicle
from the scene of an incident within the City shall remove all debris from the incidnet from
the public street. This duty specifically includes the removal of vehicle parts, glass, and
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other debris. 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, or property not belonging to the
tow company.
(3) Disengaging. A tow truck that removes a vehicle from the original location shall not
disengage from the vehicle until the vehicle has been deposited with the appropriate VSF
except when the vehicle is released to the owner or operator or when the owner or operator
specifies the location of disengagement. This restriction is enacted to prohibit tow trucks
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 truck that has Hooked Up to a vehicle for towing shall release the
vehicle to its owner or operator upon payment of the Drop Fee and will not tow the vehicle,
except when the vehicle is being taken into custody by a police officer.
I. Report of towing of unauthorized vehicle to Police Dispatcher.
The VSF that receives a vehicle from a tow truck that removed the vehicle from private or
public property within College Station and on a non - consent basis shall notify the City of
College Station Police Department office within two (2) hours of receiving the vehicle. The
information to be provided in such notification shall include:
(1) The general description (brand, model, color) of the vehicle towed, including the
state and the license plate, if any; and
(2) The tow company name that towed the vehicle; and
(3) The location/address from which the vehicle was towed and reason; and
(4) The date and time the vehicle was removed from the location; and
(5) The date and time the vehicle was accepted at the VSF; and
(6) The street address and phone number of the VSF where the vehicle is located;
and
(7) Such reports shall be made by telephone or in person. A VSF must release
vehicles during the time the VSF 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.
(Ordinance No. 2630 dated April 24, 2003)
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