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No owner of a wrecker company, not licensed by the city, shall intercept any message emanating through the medium of the Fire or Police Department radio frequency or divulge or publish the existence, contents, substance, purpose, effect of meaning of such intercepted communication; and no person, not being entitled thereto, shall receive or assist in receiving any such message and use such message, or any information therein contained, for his or her own benefit or for the benefit of another person.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
(A) If a vehicle is involved in an accident or collision and the public safety departments of the city are called relating to a request for wrecker service, the investigating or responding officer or employee shall communicate the fact immediately to the Police Department headquarters for selection of a wrecker from the wrecker rotation list maintained by the city’s Police Department as provided in this chapter. Any wrecker company that desires to be placed on the city wrecker rotation list shall meet the following requirements:
(1) Have been issued a permit and safety and insurance compliance certificate in accordance with this chapter;
(2) Have applied to be on such list;
(3) Maintain 24-hour wrecker service located within and not exceeding a seven-mile radius of the city’s Police Department central office and be within a 15-minute response time to anywhere in the city;
(4) Maintain an impound yard located within and not exceeding a seven-mile radius of the city’s Police Department central office;
(5) In addition to the minimum requirements for wreckers required in § 112.26 of this chapter, possess at least one license wrecker not less than one and one-half tons in size, equipped with a power-operated winch, winch line and boom, with a factory-rated lifting capacity of not less than 10,000 pounds, single-line capacity;
(6) In addition to the minimum requirements for wreckers required in § 112.26 of this chapter, possess at least one licensed platform wrecker;
(7) Agree to respond to all requests for wrecker service initiated by the city;
(8) The owner or operator of a wrecker company shall immediately notify the Chief of Police or his or her designated representative of any changes in status as it relates to any insurance, certificate or permit or any factor that may impede its ability to comply with this chapter; and
(9) The owner or operator of a wrecker company shall produce a monthly report by the third Monday of each month listing the status of any and all vehicles towed for the city that are considered abandoned in their lot, after proper notification has been given in accordance with Tex. Transportation Code Subch. C, Vehicle Abandoned In Storage Facility, § 683.031.
(B) (1) Upon receiving a communication from the city’s Police Department, the wrecker company presently on call, or its duly authorized agent, shall tow the disabled vehicle and remote such vehicle from the public streets of the city.
(2) The Chief of Police or his or her designated agent shall establish the procedures for the rotation of wreckers on the wrecker rotation list.
(Ord. 2013-11, passed 11-18-2013)
No police officer investigating or present at the scene or site of any wreck, accident or collision on a public street shall, directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of any particular person engaged in the wrecker service or repair business, nor shall any such police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair service; provided that, any police officer, in exercise of his or her discretion as a police officer, may direct that any vehicle, whether towed by a wrecker selected by the owner of the vehicle or from the wrecker rotation list, shall be taken by the driver of the wrecker towing the vehicle directly to the city pound or other location designated by such police officer and there held by the city for any lawful purpose.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
(A) Those wreckers who volunteer for rotation agree to follow the rates as set out herein as a condition of being placed on the rotation list. The maximum rates or fees authorized to be charged for the following enumerated wrecker services in response to a call from any employee of the city acting in his or her official capacity are as follows. Any person requesting his or her vehicle to be removed to a garage or other area will be responsible for the additional wrecker fee:
(1) Towing a wrecked or disabled vehicle or illegally parked vehicle: $150; and
(2) Towing of trucks exceeding one ton:
(a) First hour of service (minimum charge): $75;
(b) Additional time required to remove such vehicle (per working hour): $75;
(c) Towing of disabled vehicle from high water, up to a maximum fee per hour, per wrecker: $50;
(d) Disconnect transmission: $20;
(e) Towing vehicle from outside city limits: $15;
(f) Release of personal property before 8:00 a.m. or after 5:00 p.m.: $15;
(g) Notification fees: $10 after 24 hours of vehicle impoundment;
(h) Impoundment tarp: $10;
(i) Additional days of storage: $20/day;
(j) Dollies or flatbed required: $40;
(k) Pick-up and delivery of vehicle to city pound:
1. Day time delivery: $35; and
2. Night time delivery: $50.
(l) Notwithstanding the foregoing, the fee for towing from an accident shall not be subject to the rates set out above, but shall be reasonable based upon the circumstances of the accident. Any person who believes that rates charged pursuant to this section are not reasonable shall have the right to present his or her complaint to the Chief of Police. The Chief of Police shall endeavor to assist the person so complaining to resolve the matter with the towing company. Any towing company who receives three or more complaints pursuant to this section in any six-month period shall be subject to being removed from the rotation pursuant to the process set out in this chapter. The complainant will be able to file a complaint with the state’s Department of Licensing and Regulation, who oversees the wrecker company.
(B) Where any state law, rule or regulation requires a different rate for services rendered by a wrecker service and/or storage facility or any other type of business entity regulated under this chapter as provided for in this chapter, and then such state-regulated rate shall be followed without the necessity of further amendment of this section.
(Ord. 2013-11, passed 11-18-2013)
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