It shall be the obligation of all tow companies performing tows in the city to operate the tow business in the city in a safe manner, to include, but not limited to, the following.
(A) Taking direction from investigating officer. Upon arrival at the scene of a collision within the city, tow truck operators shall take directions from the police officer investigating the collision.
(B) Removing debris of collision. Tow truck operators that engage and tow any vehicle from the scene of a collision within the city shall remove all debris (other than hazardous materials) of the collision from the public street. This duty specifically includes the removal of vehicle parts, glass and other debris. The debris shall be disposed of in a lawful manner which will keep it out of the gutters, storm sewers, streams, public right-of-way or property not belonging to the tow company.
(C) Disengaging. A tow truck that removes a vehicle from the original location shall not disengage from the vehicle until the vehicle has been deposited with the appropriate VSF, except when the vehicle is released to the owner or operator or when the owner or operator specifies the location of disengagement. This restriction is enacted to prohibit tow trucks from engaging an unauthorized vehicle in a parking facility and moving it to a close location, then returning for another unauthorized vehicle, ultimately towing all the relocated vehicles to a VSF.
(D) Drops. A stationary tow truck that has connected a vehicle shall release the vehicle to its owner or operator upon payment of the “drop fee” and will not tow the vehicle, except when the vehicle is being taken into custody by a police officer. A vehicle is “connected” if it is at least partially attached to the tow truck or when skates/dollies have been placed under the vehicle. A vehicle is not “connected” if the tow truck has merely backed up to the vehicle.
(E) Response while impaired prohibited. No driver of a wrecker shall respond to a dispatch when he or she is under the influence of alcoholic beverages, controlled substances or is otherwise impaired.
(F) Proficiency. All operators and wrecker drivers on the rotation list shall be proficient and competent in the operation of the wrecker, as determined by state law.
(G) Reflective wear required. All tow truck drivers shall wear reflective vests, coats or shirts while on the scene of any dispatch. These vests will be in compliance with TDLR requirements.
(H) Notification of make and model. Tow companies shall notify the City Police Department of the make and model of the vehicle towed and the location from which the vehicle was towed at the time the tow is effected, unless the tow company was dispatched pursuant to the tow rotation list procedure.
(I) Felony offenses. No person convicted a felony offense in the prior five years shall make a non-consent tow in the city.
(Ord. 090127, passed 1-27-2009) Penalty, see § 110.99