Item 8AUity of Southlake, Texas
MEMORANDUM
November 25, 2003
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Ordinance No. 578A, 1" Reading, Amending City Code Chapter 20, Vehicles
for Hire, relating to the Regulation of Wrecker Services, regulating and
establishing requirements for non - consent tows and allowing the contracting
with one or more wrecker companies for police pulls.
Action Requested: City Council approval of City Ordinance No. 578A replacing City Ordinance
No. 578 Regulating Wrecker Services in the City of Southlake.
Background
Information: City Ordinance No. 578 Regulating Wrecker Services within the City of
Southlake was enacted in 1994. Federal legislation and a Supreme Court
decision, as well as changes in the wrecker industry, require changes to the
current Ordinance. The proposed Ordinance eliminates the city wrecker
license and inspection requirements relying instead on State licensing;
establishes requirements and maximum charges for non - consent tows by
private parties within the city; and continues to allow the City to contract
with one or more wrecker companies for police pulls when necessary.
Financial
Considerations: There are no additional costs to the City.
Financial Impact: There is no financial impact.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any Board review.
Legal Review: This ordinance has been reviewed and approved by City Attorney Debra
Drayovitch.
Alternatives: Continued reliance and enforcement of the present Ordinance will place the
City at risk for litigation by wrecker companies. The City could allow non-
regulated non - consent tows but wrecker companies could charge significantly
higher fees, impacting our citizens.
Supporting
Documents: Proposed Ordinance No. 578A
Staff
Recommendation: Place Ordinance No. 578A on the December 2, 2003 City Council meeting
agenda for first reading.
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ORDINANCE NO. 578A
WRECKER ORDINANCE
AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER
SERVICE COMPANIES OPERATING IN THE CITY OF SOUTHLAKE;
PROVIDING FOR THE CITY TO CONTRACT FOR NON - CONSENT
TOWS AND STORAGE OF SUCH VEHICLES; PROHIBITING
UNSOLICITED TOW TRUCK ACTIVITY; ESTABLISHING LICENSE
AND RECORD KEEPING REQUIREMENTS FOR PRIVATE NON -
CONSENT TOWS; ESTABLISHING REQUIREMENTS FOR PRIVATE
PROPERTY NON - CONSENT TOWS; REQUIRING CERTAIN SIGNS BE
POSTED ON PRIVATE PROPERTY FOR NON - CONSENT TOWS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council finds that regulation of vehicle towing is necessary
for the purpose of promoting safety by preventing the unexpected loss of the use of
one's vehicle, except in those instances wherein the owner or operator of the vehicle
has been put on notice through signs of the likelihood of the involuntary tow of the
vehicle; and
WHEREAS, the City Council finds that regulation of vehicle towing is necessary
for the purpose of promoting safety by protecting vehicle owners from towing mistakes
and the outright theft of vehicles, by preventing severe congestion and interference with
police and ambulance at accident scenes, and to expedite the recovery of involuntarily
towed vehicles to restore safe transportation to the owner or operator; and
WHEREAS, the City Council desires to implement the recommendations of city
staff to provide for contracting for police towing and vehicle storage and to establish
requirements for signs for private property non - consent tows in addition to those
required by the Texas Transportation Code; and
WHEREAS, the City of Southlake, Texas deems it necessary and proper and in
the best interests of the health, safety, and general welfare of its citizenry to adopt
provisions regulating wrecker and towing services in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION I.
PURPOSE
The purpose of this ordinance is to provide a safe and efficient vehicle wrecker
and towing service within the City of Southlake for the benefit of the public and as
needed and required by the Southlake Department of Public Safety.
SECTION II.
DEFINITIONS
below:
In this ordinance, the following words shall have the meanings ascribed to them
Accident means any occurrence that renders a vehicle wrecked or disabled.
Applicant means the person, partnership or corporation that applies for a license
or permit hereunder.
City means the City of Southlake, Texas.
Consent Tow means the towing of a vehicle at the specific request of the owner
or operator of the vehicle.
Contract Towing Service means the towing company performing police pulls for
the City pursuant to contract.
Director of Public Safety means the Director of the Department of Public Safety
for the City of Southlake or his designated representative.
Disabled Vehicle means a motor vehicle that has been rendered unsafe to be
driven as the result of some occurrence, including, but not limited to mechanical failure
or breakdown, fire or vandalism, or a motor vehicle that is in a safe driving condition but
whose owner or operator is not present, able or permitted to drive so as to reasonably
necessitate that the vehicle be removed by a wrecker.
Drop Rate means the fee charged for a non - consent tow which is disengaged at
the request of the vehicle's owner or operator while the towed vehicle is still on the
premises from which it is being removed.
Illegally or Unauthorized Parked Vehicle means a vehicle parked, stored or
situated in violation of any State law or City ordinance or without the effective consent of
the owner of the premises where the vehicle is parked, stored or situated.
Motor Vehicle means every vehicle that is self - propelled.
Non - Resident Wrecker Operator means a wrecker or tow truck operator
registered with the State of Texas who does not maintain a place of business within the
corporate limits of the City of Southlake.
Person means an individual, firm, partnership, association, corporation,
company, or organization of any kind.
Police Pull means the towing or other transportation of a vehicle by a tow truck,
which is the result of a police officer exercising his authority to effect the removal of said
vehicle pursuant to State law and this Article. A police pull means the tow of a vehicle
involved in an accident where the owner is not present, or is incapacitated or otherwise
unable to request a tow truck, or in situations where the operator is hospitalized or
incarcerated. It also includes the towing of a vehicle being held in a criminal case as
evidence, a vehicle seized for forfeiture in a civil action, or a vehicle involved in an
accident where the officer deems it necessary to remove the vehicle by police authority.
Proper Notification means the transmittal of the following information to the
Department of Public Safety by a wrecker or tow truck operator: the location the vehicle
being removed from, the identity of the wrecker, the location to which the motor vehicle
is to be towed, at whose authority the tow is made, and a complete description of the
vehicle, including the license number and vehicle identification number.
Private Non - consent Tow means the towing of a vehicle from private property
without the prearranged knowledge and consent of the owner or operator of the vehicle,
where notice of prohibited parking is given by signs, where vehicles are parked in fire
lanes or obstruct an entrance, exit or aisle of a parking facility, or where otherwise
authorized by law.
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Vehicle means every mechanical device in, upon or by which any person or
property is or may be transported or drawn upon a public highway except devices
moved by human power or used exclusively upon stationary rails or tracks.
Wrecked Vehicle means a discarded, abandoned, junked, wrecked, or worn out
vehicle that is not in a condition to be lawfully operated on a public road.
Wrecker or Tow Truck means a vehicle designed to be used primarily for
removing wrecked or disabled vehicles which is equipped with a mechanical device
used to tow, winch, or otherwise move a vehicle, and which charges a fee for its
services.
Wrecker or Tow Truck Operator means a person engaged in the business of
using a wrecker to tow, winch, or otherwise move a vehicle.
Wrecker Service Company means a business engaged in towing, moving, or
removing vehicles by the use of a wrecker.
SECTION III.
REQUIREMENTS
(a) A person commits an offense if the person operates, employs or engages
another to drive or operate any wrecker over any street in the City for the purpose of
engaging in a police pull or private non - consent tow, except as provided by this Article.
(b) It is an affirmative defense to prosecution of a violation of subsection (a)
hereof that the person is engaging in:
(1) the transportation of a vehicle by a non - resident wrecker operator
from some point outside the City to some destination within the City;
(2) the transportation of a vehicle by a non - resident wrecker operator
from some point outside the City and traversing the City to some other destination
outside of the City;
(3) the transportation of a vehicle by a wrecker operator at the request
or with the consent of the owner or operator of that vehicle (consent tow);
(4) the transportation of a vehicle from the private property of another
by a wrecker operator at the request of the owner of the private property (private non -
consent tow); or
(5) the transportation of a vehicle by a wrecker service company for
police non - consent tows.
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SECTION IV.
TOWING FROM THE SCENE OF AN ACCIDENT
(a) A person may request a consent tow at the scene of an accident,
mechanical breakdown, or to tow an abandoned vehicle, unless the officer on the scene
determines that the inoperative vehicle is hazardous or that a time delay would
endanger or hamper the general public's safety, well being, or the investigation of the
incident or an arrest is effectuated.
(b) If the officer deems it necessary, the officer shall order a "police pull" to
immediately remove the vehicle from the scene of an accident or arrest, mechanical
breakdown, or to tow an abandoned vehicle.
SECTION V.
WRECKER SERVICE CONTRACT AUTHORIZED
(a) The City shall have the right to contract with one or more wrecker service
companies for all police pulls in the City, for the towing of City owned vehicles, or for the
towing of any vehicle made necessary in the exercise of the City's Public Safety and
governmental functions, and to store or impound such vehicles on the parking facility of
such wrecker service company.
(b) The fees for police pull services shall be set by contract between the
wrecker service company and the City.
(c) The City may call any wrecker service company or use any wrecker in
cases where the contracted wrecker service company is unable to respond as required
by the contract, when there exists an emergency situation or when deemed necessary
by the Director of Public Safety or his authorized representative. In all such cases, a
report will be forwarded to the Director of Public Safety describing the circumstances
involving such use.
SECTION VI.
NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY REQUIRED
PRIOR TO REMOVAL AFTER ACCIDENTS
No damaged or inoperative vehicle shall be removed by the owner or a wrecker
service company from the scene of a collision or vehicle accident without first notifying
the Southlake Department of Public Safety and receiving consent for removal.
SECTION VII.
PROHIBITION OF UNSOLICITED TOW TRUCK ACTIVITY,
RECOMMENDATIONS BY EMPLOYEES
(a) No person shall drive a wrecker or tow truck to or near the scene of an
accident within the City unless the owner, or his representative, of a vehicle involved, or
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by the Department of Public Safety, has called such tow truck to the scene. Each such
tow truck operator, when called directly by the vehicle owner or his representative, shall
notify the Department of Public Safety dispatcher before proceeding to the scene of the
disabled vehicle at the accident scene.
(b) No employee of the City shall recommend to any person directly or
indirectly, either by word or gesture, sign or otherwise, the name of any particular
person or firm engaged in the tow truck business, nor shall any City employee influence
or attempt to influence, in any manner, a decision of a person in choosing or selecting a
tow truck service, company or operator.
SECTION VIII.
REMOVAL OF WRECKAGE, DEBRIS, AND LIQUID SPILLS
(a) Each wrecker service company called to the scene of an accident shall
completely remove from the street all resulting wreckage or debris, including all broken
glass, before leaving the accident site.
(b) The wrecker service company will also be responsible for the absorption
and removal of all liquid spills of 25 gallons or less. All liquid spills removed from
accident scenes in the City shall be properly contained, stored, and disposed of in
accordance with applicable state and federal statutes and regulations.
SECTION IX.
REPOSSESSION OR RECOVERY TOWING
(a) No person or firm shall operate a wrecker or tow truck in any manner,
directly or indirectly, within the city limits for the purpose of towing a vehicle without the
direct and express consent of the owner of the vehicle being towed, unless that tow
truck or wrecker service company has made proper notification as prescribed by law,
prior to the removal of the vehicle. Proper notification shall be provided to the
Department of Public Safety by facsimile transmittal, in writing, or as otherwise
authorized by the Department.
(b) A facsimile transmission of the authorized Department of Public Safety
form shall be considered proper notification under this Section.
SECTION X.
LICENSING AND RECORD KEEPING RESPONSIBILITIES
OF WRECKER SERVICE COMPANIES
(a) Wrecker service companies engaging in private property, non - consent
towing of vehicles pursuant to Chapter 684, Texas Transportation Code, shall be
licensed by the State pursuant to Chapter 643, Subchapter B, Texas Transportation
Code.
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(b) A wrecker service company shall keep written records on each vehicle it
tows from the City as a non - consent tow.
(1) The written records shall contain the following:
a. The year, make, model, color, correct license plate number,
state issuing the license and correct vehicle identification number of the vehicle.
b. The date, time and location from which the vehicle was
towed, and the name of the person who authorized the tow;
C. The name of the tow truck driver that towed the vehicle, and
the regular and tow truck license plate numbers of the tow truck that towed the vehicle;
and
d. All amount charged for the towing of such vehicle, and the
specific nature of each charge.
(2) The wrecker service company, its agent or employee shall make
these records available for inspection and copying by the Director of Public Safety or his
designee upon his request, during the normal operating hours of the wrecker service
company.
(3) Required records shall be kept under the care and custody of the
wrecker service company for at least two years from the date of the tow.
SECTION XI.
REQUIREMENTS FOR NON - CONSENT TOWING
(a) A wrecker service company towing and /or a vehicle storage facility
accepting a non - consent towed vehicle towed from private property must report that tow
to the Department of Public Safety. This reporting must be made within thirty minutes of
removing the vehicle, giving a general description of the vehicle, the vehicle license
plate number and issuing state, vehicle identification number, location from which it was
removed, where it is stored, contact information of storage facility and the name of the
person authorizing the vehicle to be removed. A facsimile transmission of the
authorized Department of Public Safety form shall be considered proper notification
under this Section.
(b) Any wrecker service operator shall cease the removal of a vehicle upon
request of the vehicle's operator and upon payment of the charges incurred to that
point.
(c) If a wrecker operator is notified by the Department of Public Safety that
the vehicle he is removing has been reported stolen, he shall immediately disengage his
wrecker from such vehicle and shall abandon the tow.
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(d) Regardless of any general contractual or "patrol account" arrangement
which may exist between a towing company and a property owner, it is a violation of this
Article to make a non - consent tow from private property of any vehicle without specific
authority from the owner of the property upon which the vehicle is located. This
prohibition shall not apply if the vehicle:
(1) is in or obstructs a vehicular traffic aisle, entry or exit of the parking
facility;
(2) prevents a vehicle from exiting a parking space in the facility;
(3) is in or obstructs a fire lane marked according to Section
684.001(c), Texas Transportation Code;
(4) does not display the proper special license plates or disabled
parking placard and is in a parking space that is designated for the exclusive use of a
vehicle transporting a disabled person; or
(5) is blocking access to a dumpster.
(e) The owner or operator of a wrecker service company may not charge a
non - consent towing fee, including administrative fees and surcharges, in excess of the
maximum fees established by the City, and listed in the City Fee Schedule.
(f) Wrecker operators and wrecker service companies performing non -
consent tows within the City must accept payment by major credit cards as payment for
the fees described in subsection (e), above.
(g) Upon initial contact with the owner of a vehicle which is the subject of a
non - consent tow, a wrecker service operator, a vehicle storage facility operator, or any
employee or agent thereof shall give written notice to the vehicle owner of his right to a
hearing pursuant to V. T. C. A., Transportation Code, Chapter 685. Such notice shall
be on a form promulgated by the Director of Public Safety and shall include the name,
address and phone number of the person or agency that authorized the removal, and a
statement that the hearing must be requested in writing within fourteen (14) days of the
date the vehicle was stored and that the request must be filed with a magistrate in
whose jurisdiction is the location from which the vehicle was removed.
(h) Non - consent towed vehicles removed from a location within the City shall
not be taken to a storage facility which is more than 30 miles from the location from
which the vehicle was removed.
(i) Non - consent towed vehicles removed from a location within the City shall
not be taken to a storage facility that does not accept major credit cards.
1)
SECTION XII.
REQUIRED SIGNS FOR PRIVATE NON - CONSENT TOWS
(a) The requirements of the section shall apply only when signs are posted
giving notice of prohibited parking. These requirements shall not apply to tows made of
vehicles parked in fire lanes or of vehicles obstructing an entrance, exit, or aisle of a
parking facility.
(b) Signs shall be placed on the right -hand side of each driveway access or
curb cuts allowing vehicular access to a parking facility. If there are no curbs or access
barriers, signs shall be placed at intervals of not less than twenty -five (25) feet around
the perimeter that is accessible by vehicles.
(c) Each sign shall be placed:
(1) at a right angle to face entering traffic; and
(2) no farther than five (5) feet from the public right of way, but shall not
be within said right of way.
(d) Each sign shall be permanently installed on a pole, post, permanent wall,
or permanent barrier so that the bottom edge of the sign is no lower than five (5) feet
and no higher than eight (8) feet above the ground level.
(e) Each sign shall be a minimum of eighteen (18) inches wide by twenty -four
(24) inches high, and a maximum of twenty -four (24) inches wide by thirty (30) inches
high. Sign facings shall be fabricated out of weatherproof material.
(f) The letters on such signs shall be of a minimum height of two (2) inches,
of a contrasting color to the background, and shall be light reflective. The background
shall be white.
(g) Each sign shall state who may park in the facility, and shall further state
that all others are prohibited and will be towed away at the owner's expense. The
words "TOW AWAY ZONE" or "TOWING ENFORCED" shall be included on each sign
in capital letters of a minimum height of two (2) inches.
(h) Each sign shall provide the name and current telephone number of the
wrecker service company authorized to tow vehicles from the parking facility, and the
name and current telephone number of the vehicle storage facility, if different from the
wrecker service company. Alternatively, each sign may state the name and phone
number of the parking facility owner if that person has knowledge of the location of the
stored vehicle.
(i) Signs shall be continuously maintained at a parking facility for twenty -four
(24) hours prior to the towing or removing of any vehicle. However, this subsection
shall not be deemed as giving proper notice to the owner of a vehicle parked on a
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parking facility prior to the installation of the signs and not subsequently moved by the
owner.
(j) Compliance with provisions of this section is required in addition to the
requirements of Chapters 684 and 685, Texas Transportation Code.
SECTION XIII.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. Ordinance No. 578 is hereby repealed in its entirety.
SECTION XIV.
SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION XV.
PENALTY
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense.
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION XVI.
SAVINGS CLAUSE
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All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 578 or any other ordinances
affecting wrecker service and the towing of vehicles which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION XVII.
PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance or its caption and penalty in the official City
newspaper one time within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION XVIII.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
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PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2003.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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