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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)
(a) All individuals and entities engaged in the tow truck business within the City of Fort Worth shall at all times comply with all laws, rules, and regulations pertaining to towing operations, insurance requirements, and minimum safety standards as adopted and amended from time to time by the State of Texas, regarding the operation of tow trucks for nonconsent tows. This requirement shall include but is not limited to Texas laws, rules, and regulations related to private-property tows, drop fees and procedures, and parking facility signage requirements.
(b) All vehicle storage facilities shall at all times comply with all laws, rules, and regulations, as adopted and amended from time to time by the State of Texas, pertaining to vehicle storage operations when receiving vehicles in connection with non-consent tows. This requirement shall include but is not limited to Texas laws, rules, and regulations related to fees, sign requirements, notice requirements, reporting requirements, and access requirements.
(c) Nothing in this article shall be construed to eliminate or reduce any requirement under the laws, rules, and regulations of the State of Texas that apply to an individual or entity engaged in the tow truck business or to a vehicle storage facility.
(d) An individual or entity engaged in the tow truck business that violates a state law, rule, or regulation or a provision of this article related to nonconsent towing commits a violation under this article.
(e) The owner or operator of a vehicle storage facility that is in violation of a state law, rule, or regulation or a provision of this article related to the operation of a vehicle storage facility commits a violation under this article.
(f) The purpose of this section is solely to allow the city to enforce the laws, rules, and regulations of the State of Texas to ensure the safety of its citizens. This section is not regulatory in nature. It does not and is not intended to impose any additional regulatory requirements on an individual or entity engaged in the tow truck business.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
It shall be an affirmative defense to noncompliance with this article that the person in question reasonably believed that he necessarily must act immediately to prevent death or bodily injury to any person involved in an incident or accident.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
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