(a) A person commits an offense if, within the city, he, or his agent or employee:
(1) engages in vehicle tow service for compensation without a valid vehicle tow service license issued by the director under this article;
(2) causes a vehicle to be removed from private property, without the consent of the vehicle owner or operator, by a vehicle tow service not licensed by the director under this article; or
(3) employs or contracts with a vehicle tow service not licensed by the director under this article for the purpose of having a vehicle removed from private property without the consent of the vehicle owner or operator.
(b) To obtain a vehicle tow service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed by the person who will own, control, or operate the proposed vehicle tow service. The application must be verified and include the following:
(1) the name, address, and telephone number of the applicant, the trade name under which the applicant does business, the street address and telephone number of the vehicle tow service establishment, and the name, street address, and telephone number of each vehicle storage facility used by the vehicle tow service;
(2) the number and types of vehicles to be operated, including the year, make, model, vehicle identification number, and state license plate number of, and the type of winch to be operated on, each wrecker;
(3) documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter;
(4) a statement attesting that each wrecker used by the vehicle tow service has been rendered for ad valorem taxation in the city and that the applicant is current on payment of those taxes;
(5) a list, to be kept current, of the owners and management personnel of the vehicle tow service, and of all employees who will participate in vehicle tow service, including names, dates of birth, state driver’s license numbers, social security numbers, and wrecker driver’s permit numbers;
(6) a copy of a written agreement, if one exists, between the vehicle tow service and each vehicle storage facility used by the tow service, other than its own, and proof that each vehicle storage facility used is currently licensed under the Texas Vehicle Storage Facility Act;
(7) a list of what methods of payment the applicant will accept from a vehicle owner for vehicle tow service;
(8) any other information deemed necessary by the director; and
(9) a nonrefundable application processing fee of $135.
(c) A person desiring to engage in vehicle tow service shall register with the director a trade name that clearly differentiates the person’s company from all other companies engaging in vehicle tow service and shall use no other trade name for the vehicle tow service. (Ord. Nos. 19099; 21435; 24175; 27695; 30215)