(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)