Loading...
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. 1 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. 4 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. 5 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 6 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. 7 (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. 8 (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 10 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 11 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. 12 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: 13