(a) All police tows shall be undertaken pursuant to the terms and conditions of this article. Only towing company personnel that have been approved and permitted by the Big Spring Police Department shall conduct police tows.
(b) All tow trucks and permit holders shall be in full compliance with all applicable state and federal rules, including but not limited to those pertaining to vehicle registration, insurance and safety equipment.
(c) It shall be the obligation of all city permit holders to operate towing companies so as to provide safe and prompt removal of wrecked, disabled or police tow vehicles when called upon to do so in accordance with this article and to deliver the vehicle to the vehicle storage facility owned or leased by the permit holder.
(d) The duty to provide safe and prompt towing service upon call includes but is not limited to the following specific duties:
(1) Upon arrival at the scene of an accident, towing company personnel shall take directions from the police officer in charge of that scene.
(2) No city permit holder shall store any vehicles or tow trucks on the public roadways or rights-of-way. City permit holders shall use reasonable care in the storage of property not belonging to the permit holder to minimize the risk of theft or damage.
A permit holder shall immediately notify the police department of unclaimed property removed from a vehicle at the time of its release from the storage facility. The permit holder shall immediately notify the police department if he believes or has reason to believe that a vehicle contains property that is stolen.
(e) No towing company seeking to tow a vehicle which contains, or is reasonably believed to contain, hazardous materials may accomplish the tow unless, pursuant to 49 U.S.C. sections, 1801, 5107-5109, 5125; 49 CFR 387; Texas Transportation Code sections, 522.003(19), 522.041—522.043, and all other applicable federal and state law:
(1) The tow truck is registered to transport hazardous materials;
(2) The tow truck has been issued pertinent permits to transport same; and
(3) The driver of the tow truck is licensed to transport hazardous material.
In the event a towing company seeks to tow a vehicle containing, or reasonably believed to contain, hazardous materials, and the materials have leaked or appear to be leaking, the towing company shall immediately advise the city fire department of the leakage. The vehicle will not be moved until inspected by the city fire department. The city fire department will be the sole authority in determining the appropriate precautions to be taken prior to authorizing the vehicle to be moved by the towing company.
(Ord. No. 007-2023, § 3, 1-10-2023)