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(a) Towing company must be in compliance with all applicable federal and state laws, rules, and regulations regarding the transportation of hazardous materials in order to tow a vehicle which contains or is reasonably believed to contain hazardous materials.
(b) In the event a towing company seeks to tow a motor vehicle or trailer 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 Fort Worth Fire Department of the leakage. The motor vehicle or trailer will not be moved until inspected by the fire department. The fire department will be the sole authority in determining the appropriate precautions to be taken prior to authorizing the motor vehicle or trailer to be moved by the towing company.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
Division 3 shall apply to all towing companies or any person or entity that manages or performs law enforcement purpose tows for the city. Any entity contracted with the city under this division must comply with Division 2 and Division 3 of this article.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
(a) Management and execution of all law enforcement purpose tows and related storage at vehicle storage facilities shall be undertaken pursuant to one or more contracts, subcontracts, or both.
(b) Contracted services with the city must be procured in accordance with applicable state law. The city enters into these contracts as a market participant to facilitate the efficient procurement of needed services and to promote safety and efficiency.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
No entity may charge or attempt to charge a fee related to a law enforcement purpose tow, or a fee related to storage of a towed vehicle at vehicle storage facilities under this division that is:
(a) In excess of the fee established by contract;
(b) For a service not performed or equipment not used; or
(c) Not authorized by the laws of the State of Texas or authorized by city ordinance.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
(a) This section shall apply to a tow from an accident or incident at which the driver or owner of the vehicle is physically present.
(1) A police officer at an accident or incident who determines that a vehicle needs to be towed from the scene shall:
a. Allow the driver of the vehicle to designate a towing company, automotive repair shop, automobile club, or automobile dealer to remove the vehicle;
b. Inform the driver that towing fees for driver-designated towing companies are not regulated by the city and that the responding company is required by state law and by ordinance to hold an incident management tow license; and
c. Assist, if requested, the driver in contacting the entity designated under this division.
(2) If the driver does not make an election under division (a)(1) of this section for any reason the police officer at an accident or incident scene shall inform the driver of the vehicle that a towing company contracted to perform towing services for the city will be contacted to remove the vehicle.
(3) The police officer at an accident or incident scene shall attempt to obtain an affirmative election from the vehicle driver under this section. Failure to make an affirmative election shall be deemed an election to use a contracted towing company under division (a)(2) of this section.
(4) An entity towing a vehicle under division (a)(1) must be authorized in accordance with state law to perform incident management tows. Towing a vehicle without such authorization shall constitute a violation of this article. Each tow performed without authorization is a separate violation.
(5) The requirements of this provision allowing for driver designation do not apply if the vehicle:
a. Is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; or
b. Is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled. A hazard may include, but is not limited to, a wrecked or disabled vehicle that is blocking a lane of traffic or otherwise impeding traffic on a public roadway.
(b) A driver designation of a towing company in accordance with divisions (a)(1) and (a)(4) of this provision is not considered a law enforcement purpose tow.
(c) A tow under division (a)(2) (driver does not make designation) or division (a)(5) (driver designation is not available) is considered a law enforcement purpose tow and is subject to the requirements of this division and applicable city towing contracts.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
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