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No person shall solicit in any manner, directly or indirectly, on the streets of the city, the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing such vehicle. Proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any person engaged in the wrecker business, either as owner, operator, employee or agent, on any public street in the city at or near the scene or sites of a wreck, accident or collision, within one hour after the happening of a wreck, accident or collision, shall be prima facie evidence of a solicitation in violation of this section.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
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)
Each wrecker company certificate holder shall follow standard safety precautions and operation procedures generally recognized in the wrecker business to and from and at the scene of an accident or collision and shall comply with all traffic code ordinances of the city. Each wrecker company at the scene of an accident or collision shall promptly remove all debris from an accident or collision occurring on the public right-of-way.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
It shall be unlawful for any person, in the operation of an automobile wrecker on the public streets and ways of the city and not having been directed to do so by the Chief of Police, the Parking Manager of the Public Works Department or authorized representatives, knowingly to move, tow, haul or otherwise transport in, on or over the public streets and ways of the city any vehicle which has been abandoned or which has been involved in a collision and is on a public street, way or other public property.
(Ord. 2013-11, passed 11-18-2013) Penalty, see § 112.99
(A) Requirements for engaging in private property towing and storage.
(1) Wrecker service companies engaging in private property, non-consent towing of vehicles pursuant to Tex. Occupations Code Ch. 2308 shall be licensed by the state pursuant to Tex. Occupations Code Ch. 2308, and must obtain a City of Palmview wrecker permit to operate in Palmview as stated in § 112.25.
(2) A wrecker service company towing and/or a vehicle storage facility accepting a non-consent towed vehicle towed from private property must report that tow to the Police Department. This reporting must be made within 30 minutes of removing the vehicle, giving a general description of the vehicle, the vehicle license plate number and issuing state, vehicle identification number, location from which it was removed, where it is stored, contact information of storage facility and the name of the person authorizing the vehicle to be removed. A facsimile transmission of the authorized Police Department form shall be considered proper notification under this section.
(3) If the owner or operator of a vehicle which is parked in violation of this code or state law arrives before the vehicle is hooked up, the wrecker operator shall release the vehicle for free. If the owner or operator of a vehicle which is parked in violation of this code or state law arrives after the vehicle is hooked up but before it is removed from the property, the wrecker operator shall advise the owner or operator that the vehicle will be released upon payment of the drop fee. The wrecker operator will allow the vehicle owner or operator at least 15 minutes to obtain the funds for the drop fee. There is nothing requiring the wrecker operator to release a legally towed vehicle that is properly hooked up and has left the private property.
(4) If a wrecker operator is notified by the Police Department that the vehicle he or she is removing has been reported stolen and he or she has not removed it he shall immediately disengage his wrecker from such vehicle and shall abandon the tow.
(5) Regardless of any general contractual or "patrol account" which may exist between a wrecker service company and a property owner, it is a violation of this section to make a non-consent tow from private property of any vehicle unless specific authority as to that vehicle has been given by the property owner and a sign is erected on the premises as required by "Required signage for private non-consent tows". This prohibition shall not apply if the vehicle:
(a) Is in or obstructs a vehicular traffic aisle, entry or exit of the parking facility;
(b) Prevents a vehicle from exiting a parking space in the facility;
(c) Is in or obstructs a fire lane marked according to Tex. Occupations Code § 2308.251;
(d) Does not display the proper special license plates or disabled parking placard and is in a parking space that is designated for the exclusive use of a vehicle transporting a disabled person; or
(e) Is blocking an access to a trash dumpster.
(6) (a) The owner or operator of a wrecker service company may not charge a non-consent towing fee, including administrative fees and surcharges, in excess of the maximum fees established by the city, as follows:
1. For vehicles under 26,000 pounds, $175;
2. For vehicles per unit over 26,000 pounds, $450 per hour;
3. Drop fees. Forty percent (40%) of the applicable non-consent towing fee for vehicles over 10,000 pounds, and $50 for vehicles under 10,000 pounds;
4. Storage fees shall not exceed $20 per 24 hours for vehicles under 25 feet and $35 for vehicles over 25 feet; and
5. Twenty dollar ($20) maximum impoundment fee.
(b) Any overcharge shall be refunded and appropriate action may be taken against the tow service, or employees or agents thereof, by the city. All fees established by divisions (6)(a)1. - 5. above shall be reviewed by the city' annually, unless additional review is specifically requested by a wrecker service company.
(7) Wrecker operators and wrecker service companies performing non-consent tows within the city must accept major credit cards as payment for the fees described in division (6)(a) above.
(8) Upon initial contact with the owner of a vehicle which is the subject of a non-consent tow, a wrecker service operator, a vehicle storage facility operator, or any employee or agent thereof shall give written notice to the vehicle owner of his or her right to a hearing pursuant to Tex. Occupations Code § 2308.452. The notice must include a statement that the hearing must be requested in writing within 14 days of the date the vehicle was stored and that the request must be filed with a magistrate in whose jurisdiction is the location from which the vehicle was removed.
(9) Non-consent towed vehicles removed from a location within the city shall not be taken to a storage facility location which is outside of a circle having a radius of three miles from Palmview City Hall.
(10) Non-consent towed vehicles removed from a location within the city shall not be taken to a storage facility that does not accept major credit cards.
(B) Required signage for private non-consent.
(1) The following parking facility signage and posting requirements shall only apply where notice of prohibited parking is given by signage:
(a) Signs shall be placed on the right-hand side of each driveway access or curb cuts allowing vehicular access to a parking facility. If there are no curbs or access barriers, signs shall be placed at intervals of not less than 25 feet around the perimeter which is accessible by vehicles.
(b) Each sign shall be placed at a right angle so as to face entering traffic. They shall be placed no farther than five feet from the public right-of-way. but shall not be within said right-of-way.
(c) Each sign shall be permanently installed on a pole, post, permanent wall, or permanent barrier so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above the ground level.
(d) Each sign shall be a minimum of 18 inches wide by 24 inches high, and a maximum of 24 inches wide by 30 inches high. Their facings shall be fabricated out of weatherproof material. The letters on such signs shall be of a minimum height of two inches, of a contrasting color to the background, and shall be light-reflective. The background shall be white.
(e) Each sign shall state who may park in the facility, and shall further state that all other are prohibited and will be towed away at the owner's expense. The words "tow away zone" or "towing enforced" shall be included on each sign in capital letters of a minimum height of two inches.
(f) Each sign shall provide the name and current telephone number of the wrecker service company authorized to tow vehicles from the parking facility, and the name and current telephone number of the vehicle storage facility, if different from the wrecker service company. Alternatively, each sign may state the name and phone number of the parking facility owner if that person has knowledge of the location of the stored vehicle.
(g) Signs shall be continuously maintained at a parking facility for 24 hours prior to the towing or removing of any vehicle. However, this division shall not be deemed as giving proper notice to the owner of a vehicle parked on a parking facility prior to the installation of the signs and not subsequently moved by the owner.
(2) The provisions of this section shall be in addition to the requirements of Tex. Occupations Code Ch. 2308.
(C) Exceptions. Except as specifically noted, this section does not apply to:
(1) A person towing a vehicle with the express consent of the owner or operator of the vehicle:
(2) A person towing a vehicle from private property under the direction of the city's Police
Department; or
(3) A person who engages in towing a vehicle in connection with a bona fide repossession of same when written authorization has been received by the city's Police Department from the person having a security interest in such vehicle.
(D) Offenses and punishment.
(1) A person commits an offense if, by act or omission, he or she violates a provision of this section. A culpable mental state is not required for commission of an offense under this section unless the provision defining the conduct expressly requires a culpable mental state.
(2) A person commits an offense if he or she intentionally or knowingly tampers with, removes, or destroys a tow warning sign required by this section without the consent of the property owner.
(3) A person commits an offense if he or she performs a non-consent tow originating in the city and tows the vehicle to a location which is outside of a circle having a radius of three miles from Palmview City Hall.
(4) A person commits an offense if he or she performs a non-consent tow originating in the city and he or she fails to take the vehicle directly to his or her storage facility at the time of the tow.
(5) A person commits an offense if he or she charges a fee for towing in excess of the maximum fee set in this section or by a resolution adopted by the City Council. For purposes of this division, person includes, but is not limited to. any owner or officer of an entity that charges such an excess fee.
(6) Each day a violation of this section occurs and each day such violation continues constitutes a separate offense.
(7) Any violation not deemed punishable under this section may also be subject to penalty pursuant to state law or other city ordinance.
(8) An offense committed under this section is punishable by a fine of not less than $200 or more than $500 dollars. The minimum fine established in this division shall be doubled for the second conviction of the same offense within any two-year period. A third and any subsequent conviction within any two-year period will result in a fine of $500. At no time shall the minimum fine exceed the maximum fine established in this division. Nothing in this section shall prohibit application of any fines authorized by state law to be assessed.
(9) Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with the conduct or involved in the offense.
(Ord. 2021-03B-O, passed 4-6-2021)
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