[1]
Editor's note–Former article III, pertaining to vehicle towing, was amended by Ordinance 2024-48 adopted 10/2/2024. Prior to the replacement this article derived from the following: Code 1997, §§ 118.090, 118.095–118.119;; Ordinance 08-35, adopted 5/21/2008; Ordinance 08-36 adopted 5/21/2008; Ordinance 2020-19 adopted 7/1/2020.
The police department is hereby authorized to adopt a citywide policy for towing motor vehicles when the operator of the vehicle either fails to maintain or cannot present proof of financial responsibility required by the state. Police department officers are hereby authorized to remove or impound any vehicle where the operator has failed to maintain or cannot present proof of the required financial responsibility.
(Ordinance 2024-48 adopted 10/2/2024)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Certificate holder
means any person possessing a current, valid certificate of registration to engage in the wrecker business in the city.
Certificate of registration
means written authorization granted by the chief of police, under the provisions of these sections, to a wrecker company having a place of business within the city and its extraterritorial jurisdiction or outside the city when the need arises for a specialized tow truck that performs non-consent tows.
Chief of police
means the chief of police for the city or the person designated by him to act in his stead for the purposes of these sections.
City
means all areas that have been fully annexed by the city and its extraterritorial jurisdiction.
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 "consent tow" does not include an incident management tow or a private property tow.
Day
means calendar day unless otherwise specified.
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.
Inspection sticker
means written authorization granted by the chief of police, under the provisions of these sections and affixed to a tow truck used by a wrecker company on the rotation list, indicating that the tow truck has passed the required inspection.
Manufacturer's certificate
means a plate permanently affixed to either a truck, wrecker equipment or tow sling by the manufacturer of the equipment which states the vehicle's or equipment's gross poundage capacity.
Motor vehicle
means any vehicle which is self-propelled. This does not include motor assisted bicycles as defined by the laws of the state.
Non-consent tow
means any tow of a motor vehicle in which the tow truck is not summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle.
Owner
means any person who holds the legal title of a motor vehicle, or has the legal right of possession thereof. This does not include any person who has gained possession of a motor vehicle only as a result of wrecker services performed.
Person
means an individual, a corporation, a partnership, joint venture or association.
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.
Repossession
means a tow made by, or on behalf of, a lienholder taking possession of collateral.
Rotation list
means the list prepared in accordance with the provisions of this division of wrecker companies which have applied and qualified to appear thereon, and which maintain inspected tow trucks of a capacity required to be on said list.
Tow truck
means a motor vehicle, including a wrecker, equippewd with a mechanical device used to tow, winch, or otherwise move another motor vehicle. The term "tow truck" does not include:
(1) 
A motor vehicle owned and operated by a governmental entity, including a public school district;
(2) 
A motor vehicle towing:
a. 
A race car;
b. 
A motor vehicle for exhibition; or
c. 
An antique motor vehicle;
(3) 
A recreational vehicle towing another vehicle;
(4) 
A motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise;
(5) 
A motor vehicle that is controlled or operated by a farmer or rancher and used for towing a farm vehicle; or
(6) 
A motor vehicle that:
a. 
Is owned or operated by an entity, the primary business of which is the rental of motor vehicles; and
b. 
Only tows vehicles rented by the entity.
Traffic accident or collision
means any occurrence which renders a vehicle wrecked or disabled.
Vehicle
means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including, but no limited to, motor vehicles, but not including devices moved only by human power, or used exclusively on stationary rails or trucks.
Wait time
means the time consumed while at the requested location standing at the direction of requestor.
Wrecker
means the same definition as tow truck.
Wrecker business
means the business of towing vehicles not belonging to the wrecker company on a public street within the limits of the city for compensation, or with the expectation of compensation, including, but not limited to, compensation for towing, storage, and repair. It does not include towing a vehicle to a point outside the city when the owner requests that it be towed to a point outside the city, expect as otherwise provided in this division.
Wrecker company
means any person lawfully engaged in the wrecker business; and/or an individual, association, corporation or other legal entity that controls, operated or directs the operation of one or more tow trucks over a public roadway in this state but does not include a political subdivision.
(Ordinance 2024-48 adopted 10/2/2024)
The proper and safe functioning of the wrecker business has a critical impact on the safety and welfare of the public since it involves the use of the public streets of the city, often in circumstances necessitating prompt removal of dangerous obstruction to traffic. Therefore, the privilege of any person to engage in the wrecker business in the city shall be subject to regulation in order to protect the health, safety and welfare of the public.
(Ordinance 2024-48 adopted 10/2/2024)
Any person operating a tow truck and/or wrecker shall comply with all applicable state laws. A failure to comply with applicable state laws is a violation of this division.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
It shall be unlawful for a person to operate a tow truck that performs non-consent tows in the city unless the person has a certificate or registration issued by the chief of police, except as provided in this section.
(b) 
An applicant for a certificate of registration to perform non-consent tows shall submit, on a form provided by the chief of police, a verified application containing or accompanied by the following:
(1) 
The true name, the trade name, tax ID number, principal business address, and telephone number that is answered 24 hours a day, of the wrecker company.
(2) 
The list of wreckers proposed to be operated by the wrecker company, including, but not limited to, the motor vehicle identification number, make, unit number and the name of the owner of the wrecker listed (the wrecker company affiliate), if different from the wrecker company applying for the certificate of registration.
(3) 
The name of the owners of the wrecker company, partners or corporation officers.
(4) 
Proof of compliance with all of the insurance requirements of 16 TAC part 4 chapter 86 and the minimum insurance requirements set by the city's risk management.
(5) 
A certificate of on-hook cargo insurance to cover damage to a towed vehicle during hookup and/or towing in the minimum amount as established in the city fee schedule in chapter 18.
(6) 
A copy of a vehicle storage facility license issued by the Texas Department of Transportation, pursuant to the Vehicle Storage Facility Act, Texas Occupations Code ch. 2303.
(7) 
A copy of the motor carrier certificate of registration issued by the Texas Department of Transportation.
(8) 
Pay a fee as established in the city fee schedule in chapter 18 paid to the city for annual certificate of registration issued to the wrecker company.
(9) 
These sections do not apply to nor prohibit a wrecker company which obtained a motor carrier certificate of registration from the Texas Department of Transportation and having a place of business outside the incorporated city limits from making a consent tow within the city.
(c) 
A tow truck operator licensed under this chapter, while performing a non-consent tow must have in their possession and display:
(1) 
TDLR license.
(2) 
A city issued tow operator's identification card.
(3) 
Uniform top with the name of the company and at the minimum, the first name of the driver.
(4) 
Required ANSI compliant safety equipment.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
The chief of police or authorized designee shall register a wrecker company and issue a certificate of registration under this division to a company which is determined to be in compliance with the requirements hereunder.
(b) 
However, the chief of police may deny an application for a certificate of registration if the applicant:
(1) 
Has had a registration revoked under Texas Transportation Code § 643.252.
(2) 
Operates a tow truck after the state registration has been revoked; causes or allows the operation of a tow truck by an unlicensed driver on the public roadways.
(3) 
Operates a tow truck performing non-consent tows without a certificate of registration on the public roadways.
(4) 
Submits false information on a registration application.
(5) 
Fails to maintain insurance required by state law for the operation of a wrecker company of its equipment; or other legal grounds exist for denying such certificate of registration.
(c) 
Each certificate of registration issued shall expire at midnight on December 31 of the calendar year of issuance and will be renewable only upon compliance with the provisions of these sections and any other applicable laws, ordinances, or regulations which shall be in effect at the time of the renewal application.
(d) 
Each wrecker company which has received a certificate of registration under these sections shall at all times carry a copy of its certificate of registration in each wrecker it operates.
(e) 
Each wrecker company which has received a certificate of registration shall be responsible for updating the information provided in the application by submitting supplemental information on forms provided by the chief of police. Failure to provide updated information, such as, but not limited to, replacement or additions of tow trucks, drivers' license suspensions or revocations, change in insurance company, or expiration of storage facility license, shall be grounds for suspension or revocation of a certificate of registration.
(f) 
Each wrecker company which has received a certificate of registration shall agree to random inspection for the requirements of compliance under this article. Random inspections will not exceed two per year per wrecker company.
(Ordinance 2024-48 adopted 10/2/2024)
All towing fees associated with this chapter are set out in the chapter 18 fee schedule. The fees cover simple "incident management (non-consent) tows." Fees for additional equipment or services needed to complete the tows shall be set by the wrecker company and may also include costs for cleaning up major collisions or hazardous materials. These fees are regulated by the Texas Department of Licensing and Regulation (TDLR).
(Ordinance 2024-48 adopted 10/2/2024)
The chief of police shall establish and maintain a rotation list, from which list wreckers shall be picked to answer calls for non-consent tows. The maximum number of wrecker companies on the rotation list shall be eight. Each wrecker company who applies and meets the requirements herein shall be entitled to one place on said list. The names of the wrecker companies on the list shall be listed in numerical order, beginning with the date the application is approved. Each wrecker company may only have one place on the rotation list. (The current list has more than eight companies listed, but as they drop off the list no new companies can be added until the number is below eight companies.)
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
A wrecker company may participate on the rotation list if the wrecker company meets the following requirements:
(1) 
It has registered and received a certificate of registration and inspection sticker for each tow truck it owns and will use while on the rotation list under these sections.
(2) 
It owns, leases, or has access to a TDLR-approved storage facility located within the incorporated limits or extraterritorial jurisdictional limits of the city where all motor vehicles it tows on behalf of the city shall be stored at all times and which:
a. 
Is enclosed by a permanent six-foot solid wood or steel chainlink fence; and
b. 
Has a gate which is locked when there is no attendant on duty or after normal business hours.
(3) 
It maintains at least one wrecker.
(4) 
It maintains 24-hour wrecker service and a local telephone number which is answered 24 hours a day.
(5) 
Monday through Friday 8:00 a.m. to 5:00 p.m., light wreckers must be is able to respond to any location in the city within 20 minutes of being notified by telephone and all other hours must respond within 30 minutes. Heavy duty wreckers must respond to locations within 45 minutes 24/7. During inclement weather (rain, sleet, freezing rain, snow, high winds, hurricane, etc.), an additional 10 minutes response time is allowed.
(6) 
It has someone available 24 hours a day to release any vehicle impounded within one hour of a request by the owner or the police department.
(7) 
It or the owner of the leased storage facility holds a license issued by the Texas Department of Transportation, pursuant to the Vehicle Storage Facility Act, Texas Occupations Code ch. 2303.
(8) 
It submits an application for placement on the rotation list.
(b) 
A wrecker company shall submit a verified application for placement on the rotation list, on a form provided by the chief of police, containing or accompanied by the following:
(1) 
A copy of a vehicle storage facility license issued by the Texas Department of Transportation for a storage facility within the city limits or ETJ.
(2) 
A list of all drivers and copies of the drivers' driving records obtained from the Texas Department of Public Safety, and tow truck operator's license, said list shall be updated as new drivers are added or when a driver's license is suspended or revoked.
(3) 
Proof of compliance with all of the insurance requirements of the 16 TAC part 4 chapter 86 and those set by the city's risk management.
(4) 
A certificate from the appropriate tax assessor-collector agency that certifies that all city taxes on all properties, real and personal, to be used in connection with the applicant's wrecker business are current. The certificate shall list the name of the wrecker business, its subsidiaries or assumed names.
(c) 
A wrecker company will automatically be removed from the rotation list on the expiration date of its certificate of registration, as provided in this division, and may be placed back on the list only upon compliance with the provisions of this section and any other applicable laws, ordinances, or regulations which shall be in effect at the time of the renewal request application.
(d) 
Each wrecker company having a place on the rotation list shall be responsible for updating the information provided in the application by submitting supplemental information on forms provided by the chief of police. Failure to provide updated information, such as, but not limited to, replacement or additions of tow trucks, drivers' license suspensions or revocations, change in insurance company, change in storage facility, or expiration of storage facility license, shall be grounds for suspension or removal from the rotation list.
(Ordinance 2024-48 adopted 10/2/2024)
All storage fees and charges assessed against a vehicle owner must be in compliance with the laws and regulations of the state, such as those set out in Texas Occupations Code ch. 2303 and in TDLR 16, rule 85.722 and not in excess of those fees and amounts as they currently exist and are subsequently changed by amendment to state law or regulation.
(Ordinance 2024-48 adopted 10/2/2024)
The chief of police may suspend or revoke a certificate of registration issued under this section or the towing ordinance if the wrecker company or any of its wreckers fall out of compliance with state law or the requirements set out in this section and/or in the towing ordinance, or for any other lawful reason.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
In order to receive an inspection sticker, each light-duty wrecker shall meet the following minimum requirements:
(1) 
Shall have a capacity of not less than one ton.
(2) 
Shall display in a permanent manner the name and 24-hour phone number of the holder of the certificate of registration on both sides of each wrecker.
(3) 
Shall display in a permanent manner the names of the wrecker companies listed on the certificate of registration as affiliates.
(4) 
Shall be in a condition such that it can be safely and reliably used as a wrecker.
(5) 
Shall include the manufacturer's certificate and be equipped with a power-operated winch, winch line and boom, with a rated or tested lifting capacity of not less than 8,000 pounds single line capacity.
(6) 
Shall carry and/or be equipped with the following standard equipment at all times:
a. 
Slings and/or tow bars along with "J" hooks and chains.
b. 
Safety chain.
c. 
Ten pound fire extinguisher (or the equivalent).
d. 
Shovel.
e. 
Wrecker bar.
f. 
Broom.
g. 
Dolly (except for slide bed tow trucks).
h. 
Ropes or other device for securing steering wheel.
i. 
Overhead visibar or beacon type light visible from the front and rear.
j. 
Tow lights.
(7) 
Any other information the chief of police may determine is necessary for the safe operation of a tow truck under these sections.
(b) 
Companies with a heavy-duty wrecker shall meet the following requirements:
(1) 
The wrecker must be a 30 ton or 50 ton heavy-duty tow truck.
(2) 
Have a 48 foot end dump trailer or 40 yard roll-off container.
(3) 
Have a skid steer with fork, bucket and sweeper attachments.
(4) 
Have a 48 foot landoll, flatbed or lowboy trailer.
(5) 
Have two pallet jacks.
(6) 
Have a heavy-duty dolly.
(7) 
Each wrecker at all times shall carry the following as standard equipment in good working order, except as otherwise noted:
a. 
A tow sling or hydraulic lift which is sufficient to prevent the swinging of any equipment being transported.
b. 
Steel safety chains must be certified grade 70 or above.
c. 
One ten-pound BC (or two five-pound BC) fire extinguisher that is properly filled and located so that it is readily accessible for use.
d. 
Additional equipment required include one crowbar, broom, flat edge shovel, three portable red emergency reflectors, box or bucket for debris, rope or wire, spotlight or flashlight, one set of operating tow lights, and two wheel chocks.
e. 
Auto wrecker operator and employee shall wear appropriate safety gear and ANSI/ISEA approved high visibility safety vest. All operators and employees shall maintain a neat appearance while on duty.
(c) 
An inspection sticker shall be denied if the safety requirements provided for in these sections are not met.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
The chief of police or authorized designee shall issue an inspection sticker for a tow truck if in compliance with the requirements under this division. An inspection fee as established in the city fee schedule in chapter 18 is required and shall be charged for each tow truck inspected. The inspection fee is non-refundable and shall be paid whether of not the tow truck passes inspection. An applicant requesting reinspection must pay the required non-refundable fee. The chief of police may deny the issuance of an inspection sticker on the same grounds as provided for in this division.
(b) 
Each inspection sticker issued shall expire at 12:00 midnight on December 31 of the calendar year of issuance, and will be renewable only upon compliance with the provisions of these sections and any other applicable laws, ordinances, or regulations which shall be in effect at the time of the renewal application.
(c) 
Each tow truck which has received an inspection sticker under these sections shall prominently display it on the front or back windshield.
(d) 
Each wrecker company which has received an inspection sticker for a tow truck shall be responsible for keeping the tow truck in compliance with the safety requirements provided for in this division at all times. Failure to comply with the safety requirements provided for in this division shall be grounds for suspension or revocation of an inspection sticker.
(e) 
Any wrecker that is out of compliance and has the inspection sticker revoked, must pass a reinspection before being allowed to be used. The applicable reinspection fees apply.
(Ordinance 2024-48 adopted 10/2/2024)
The chief of police may suspend or revoke a certificate of registration issued under these sections or of the towing ordinance if the wrecker company or any of its wreckers fall out of compliance with state law or the requirements set out in these sections or of the towing ordinance, or for any other lawful reason.
(Ordinance 2024-48 adopted 10/2/2024)
Any wrecker company, certificate holder, or applicant, by virtue of making an application with the city, agrees to allow, during normal business hours, the inspection of wreckers, wrecker equipment, and storage facilities for compliance under these sections. 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.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
When the police officer investigating a collision determines that any vehicle involved in a collision is unable to safely proceed under its own power; or the driver of any vehicle 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 a wrecker company which he desires to remove the vehicle.
(1) 
Such designation by the owner will be recorded by the police communications center.
(2) 
When the designation has been properly made, the police officer shall communicate the name of the designated wrecker company, auto repair shop, automobile dealer, or automobile club to the police communications center.
(3) 
The police communications center shall cause the designated wrecker company, auto repair shop, automobile dealer, or automobile club to be called and directed to send a wrecker capable of removing the vehicle.
(4) 
If the designated wrecker company, auto repair shop, automobile dealer, or automobile club does not have available a wrecker or the type required to move the vehicle, the owner will be requested to make another designation.
(b) 
If the owner of a vehicle is physically unable to designate the wrecker company, auto repair shop, automobile dealer, or automobile club he desires to remove the vehicle; fails or refuses to designate one; has no preference; or is not available, then the police officer shall communicate that fact to the police communications center, and advise a wrecker is required.
(1) 
Such designation shall be recorded by the police communications center.
(2) 
The police communications center shall call the wrecker company next in line on the rotation list after the last wrecker company so called, and request the wrecker company to tow the vehicle from the scene.
(3) 
On each succeeding communication or the inability or refusal of a wrecker company to send a wrecker, the next wrecker company on the rotation list shall be called. After the last wrecker company on said list has been called, the next such call shall go on the first wrecker company on said list.
(c) 
If the wrecker company, after arrival at the scene, determines, in conjunction with the police officer in charge, that assistance is needed, the wrecker company may call another city-approved wrecker (from the rotation list) for assistance. If the wrecker company refuses the tow, then the police officer shall communicate that fact to the police communications center, which shall proceed under subsection (a) or (b) of this section.
(d) 
Failure of any wrecker company selected under subsection (a) or (b) of this section to deliver a wrecker to the scene within the specified time limits without justification acceptable to the police officer on the scene shall cause the wrecker company to forfeit that call. Only the wrecker company selected under subsection (a) or (b) will be allowed to proceed with the call. A wrecker company that responds in place of the selected wrecker company selected, regardless of ownership, will be refused the call. Additionally, the chief of police shall have the discretion to suspend or revoke a wrecker company from a place on the rotation list for failure to timely respond.
(e) 
In any circumstance in which a vehicle or other object 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 circumstance in which a police officer in the course of his duty directs the removal of a vehicle from or to any location, any police officer may require its removal at the owners' expense, by any practicable means, including, but not limited to, use of a wrecker selected by the owner, or failing that, selected by the use of the rotation list.
(Ordinance 2024-48 adopted 10/2/2024)
It shall be unlawful for a police officer to directly or indirectly recommend to any person the name of any wrecker company, auto repair shop, automobile dealer, or automobile club engaged in the wrecker business; nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker company, auto repair shop, automobile dealer, or automobile club.
(Ordinance 2024-48 adopted 10/2/2024)
Whenever a wrecker arrives at the place where a motor vehicle has been disabled by an accident, the wrecker driver shall park his wrecker as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic. The wrecker driver shall not park the wrecker within a distance of 50 feet from a wrecked or disabled vehicle, unless permitted to do so by a police officer.
(Ordinance 2024-48 adopted 10/2/2024)
It shall be unlawful for the driver of any wrecker arriving at the place where any accident has occurred or an abandoned vehicle is located to disobey any lawful order given them by any police officer of the city investigating such accident or to interfere in any manner with such police officer in the performance of his duty.
(Ordinance 2024-48 adopted 10/2/2024)
It shall be the duty of each wrecker that removes a wrecked, damaged, or disabled vehicle from the place where an accident has occurred to clear and remove from the street any and all debris, parts, or glass accumulated as a result of the accident from the street. Each wrecker that is required to remove from the street any and all debris, parts, or glass accumulated as a result of an accident from the street is allotted 15 minutes for such clean up. A wrecker may charge a fee, as established in the city fee schedule in chapter 18, for clean up if the debris, parts, or glass accumulated is to the extent that more than 15 minutes is required for such clean up. Failure to pick up all the debris from an accident scene may result in the suspension or revocation of the wrecker company certificate of registration.
(Ordinance 2024-48 adopted 10/2/2024)
It shall be unlawful for any wrecker company or its employees to solicit in any manner, directly or indirectly, on the streets of the city, for wrecker business involving any vehicle which is wrecked or disabled 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. Proof of the presence of any person engaged in the wrecker business or of the presence of any wrecker, whether or not certified or identified under the provisions of this division, except a wrecker called pursuant to the provisions of this division, at or near the scene or site of a collision on any public street in the city after the wreck occurs and prior to removal of all disabled or damaged vehicles shall be prima facie evidence of a solicitation in violation of this division.
(Ordinance 2024-48 adopted 10/2/2024)
In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any provision of these sections, the chief of police shall have, as to the holders of any certificate of registration or inspection sticker, or as to any applicant therefor, the duty and authority to enforce the provisions of this division by administrative action in accordance with the principles and procedures set forth hereinafter.
(a) 
The proper and safe functioning of the wrecker business has critical impact on the health, safety, and welfare of the public and involves use of the public streets of the city often in circumstances necessitating prompt removal of dangerous obstructions to traffic on said streets. Accordingly, the privilege of any person to engage in the wrecker business in the city shall be subject to strict regulation in order to protect the public.
(b) 
For purposes of invoking any administrative remedy against a certificate holder, the acts or omissions of any agent or employee of said holder shall be considered to be the acts or omissions of said holder.
(c) 
Administrative remedies which the chief of police may employ to enforce the provisions of this division include, but are not limited to:
(1) 
Suspension or revocation of any certificate of registration or inspection sticker; or
(2) 
Suspension, revocation or removal of a wrecker company from the rotation list.
(d) 
Grounds for suspension or revocation of a certificate of registration include:
(1) 
Any conduct in the wrecker business which endangers the life or safety of any person;
(2) 
Repeated violations of the provisions of this division;
(3) 
Violation of chapter 111 or fire prevention code after notice of said violation has been given to said wrecker business by the chief building official or the fire marshal, respectively, usually with a one week period to remedy the situation;
(4) 
Failure to comply with city ordinance governing the towing of vehicles;
(5) 
Failure to maintain in effect any insurance required by this division;
(6) 
Committing fraud, theft or moral turpitude in the daily conduct of the wrecker business.
(e) 
Grounds for suspension or revocation of an inspection sticker include responding to a non-consent tow call when said wrecker:
(1) 
Is in such condition that it cannot safely tow a vehicle;
(2) 
Is not then covered by insurance as required in this section; or
(3) 
Does not then meet all requirements for an inspection sticker.
(f) 
Grounds for removal of a wrecker company from the rotation list include:
(1) 
Failure to meet at all times the requirements for a place on the list;
(2) 
Failure to maintain at all times at least one wrecker in a condition that meets the requirements for an inspection sticker and for eligibility to be on the rotation list;
(3) 
Responding to a non-consent tow call with a wrecker which does not then meet the requirements of the rotation list;
(4) 
Driving a wrecker in response to a non-consent tow call in a manner which endangers the life or safety of any person;
(5) 
Driving a wrecker to a location to perform wrecker services in response to a call made by the police communications center, when the wrecker company is not the next company on the rotation list.
(6) 
Collecting or charging any fees or charges in excess of those set out in this division;
(7) 
Violation of chapter 111 or fire protection ordinance as determined by the chief building official or the fire marshal, respectively;
(8) 
Failing to respond within the required time when called by the police communications center; or
(9) 
Declining to respond to a call from the police communications center to perform wrecker services.
(g) 
Violations of Subsection (6)(a) through (6)(i) by wrecker company shall be subject to removal from the list for a period of at least 30 days or at the discretion of the chief of police.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
Suspension or revocation of a certificate of registration may be ordered by the chief of police.
The reasons for suspension or revocation of a certificate of registration shall be given in writing to the certificate holder whose certificate of registration is being suspended or revoked within days of such suspension or revocation. The mailing of such notice to the last known business address provided on the application of said certificate holder shall constitute sufficient notice. The notice shall provide an opportunity for a hearing before the chief of police on the suspension or revocation by filing a request for a hearing within five business days from the receipt of the notice. Pending a ruling by the chief of police, a certificate of registration that has been suspended or revoked shall be considered suspended or revoked. If a written request for a hearing is not filed within the required time, the suspension or revocation shall be final.
(b) 
Suspension or revocation of an inspection sticker may be ordered by the chief of police without notice.
The reasons for suspension or revocation of an inspection sticker shall be given in writing to the wrecker company within five business days of such suspension or revocation. The e-mailing of such notice to the last known business e-mail provided on the application of said wrecker company shall constitute sufficient notice. The notice shall provide an opportunity for a hearing before the chief of police on the suspension or revocation of the inspection sticker by filing a request for a hearing within five business days from the receipt of the notice. Pending a ruling by the chief of police, an inspection sticker that has been suspended or revoked shall be considered suspended or revoked. If a written request for a hearing is not filed within the required time, the suspension or revocation shall be final.
(c) 
Suspension or removal from the rotation list may be ordered by the chief of police without notice.
The reasons for suspension or removal from the list shall be given in writing to the wrecker company within five days of such suspension or removal. The faxing of such notice to the last known business fax number provided on the application of said wrecker company shall constitute sufficient notice. The notice shall provide an opportunity for a hearing before the chief of police on the suspension or removal by filing a request for a hearing within five days from the receipt of the notice. Pending a ruling by the chief of police, the wrecker company shall be considered suspended or removed from the list. If a written request for a hearing is not filed within the required time, the suspension or removal shall be final.
(d) 
If, after a certificate of registration has been suspended or revoked, the condition for which it was suspended or revoked has been corrected, and proof of such correction is made to the chief of police, then a new certificate of registration may be issued upon proper application, fee payment, and proof of meeting all requirements therefor.
(e) 
Appeals from a ruling by the chief of police shall be made in writing to the city manager within 20 days of such ruling. A hearing or personal appearance shall be at the discretion of the city manager. Written notice of the ruling of the city manager shall be given to the certificate holder within 30 days of the date of the appeal. Pending a ruling by the city manager, a certificate of registration, inspection sticker that has been suspended or revoked, or a wrecker company that has been suspended or removed from the rotation list shall be considered suspended, revoked or removed. If a written request to appeal is not filed within the required time, the suspension, revocation or removal shall be final.
(f) 
If an inspection sticker is revoked, a new inspection sticker shall not be issued for that tow truck unless the defect has been remedied and applicable fees paid.
(Ordinance 2024-48 adopted 10/2/2024)
(a) 
It shall be unlawful for any person to drive, or cause to be driven, a wrecker to or near the scene of a collision on a street within the city unless such person has been called to the scene by the police department or by a party involved in the collision; provided, however, that the prohibition of this subsection shall be not applicable when such actions are necessary to prevent death or bodily injury to any person involved in a collision.
(b) 
It shall be unlawful for any person to engage in non-consent tows in the city unless such person possesses a current, valid certificate of registration. The police department shall be authorized to summon wreckers without certificate of registration in emergency situations.
(c) 
It shall be unlawful for any person to operate a tow truck in the city unless it is equipped as required by state law and this division, if the wrecker company is participating in the rotation list, as described herein. A tow truck and its required equipment shall be in safe operating condition at all times when the tow truck is operating on the public roadway.
(Ordinance 2024-48 adopted 10/2/2024)
The driver of a tow truck who removes a vehicle from private property under this division shall notify the police department within 30 minutes of such removal. The information to be provided in such notification shall include:
(a) 
The date, time and location of the removal;
(b) 
The physical description and license or registration number of the vehicle;
(c) 
The name of the certificate holder which performed the removal; and
(d) 
The storage location of the vehicle.
(Ordinance 2024-48 adopted 10/2/2024)
The driver of a tow truck who removes a vehicle for the purpose of repossessing the vehicle shall be required to do the following:
(a) 
Contact the police department prior to making such repossession; and
(b) 
Present a written notice from the lienholder requesting such repossession, which shall include the following information:
(1) 
Name of owner of said vehicle;
(2) 
Date, time, and location of the removal;
(3) 
The physical description and license or registration number of the vehicle;
(4) 
The name of the certificate holder and the driver which is to perform the removal; and
(5) 
The storage location of the vehicle.
(Ordinance 2024-48 adopted 10/2/2024)