(A) (1) The city, pursuant to the authority granted by state law, in order to protect the public, to protect the rights of persons whose vehicles may be towed, to maintain safe and efficient operating rules and to preserve the peace of the community, hereby engages in the licensing and regulation of business enterprises engaged in the non-consent towing, removing and storing of motor vehicles in the incorporated areas of the city.
(2) The purpose and intent of this subchapter is to regulate non-consent tows initiated by a police officer or city official, to the extent not preempted by federal or state law. This subchapter shall not apply to consent tows from public or private property within the city.
(B) The Texas City Police Department is authorized to enforce these rules and shall be referred to as “TCPD” for the remainder of this subchapter.
(C) Accordingly, no person shall operate a wrecker or heavy-duty wrecker in the incorporated areas of the city on non-consent towed vehicles unless the wrecker has been registered and permitted with the TCPD. For the purposes of this subchapter, a PERSON shall mean a sole proprietor, partnership, corporation or LLC. Multiple assumed names or DBAs of a person shall not be permitted. This subchapter does not apply to a consent tow.
(D) Furthermore, no person or business entity shall operate a vehicle storage facility for the storage of motor vehicles that have been subjected to non-consent tows under this subchapter unless the facility is registered with the state and meets all state requirements.
(E) This subchapter must be liberally construed to give effect to its purpose and intent. Unless superseded by state regulations, the city is the final authority.
(1998 Code, § 126-30) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)