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(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)
It shall be an affirmative defense to a violation under this article that a person pushed or towed a vehicle with a vehicle other than a tow truck if the person can demonstrate that such pushing or towing was done in a safe manner, and did not reasonably require use of a tow truck.
(Ord. 23222-05-2018, § 1, passed 5-15-2018)
Editor’s note:
Ord. 22308-06-2016, § 1, adopted June 28, 2016, repealed and replaced §§ 34-200 through 34-214 and repealed §§ 34-215 through 34- 349. Former §§ 34-200 through 34-349 derived from Ord. 21389-08-2014, § 1, adopted August 19, 2014 and Ord. 21986-12-2015, § 3, adopted December 8, 2016. See also the Code Comparative Table.
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