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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICATION. The written application form approved by the TCPD and all required documentation and all applicable fees.
AUXILIARY TOW LIGHTS. A set of red lamps, connected to the wrecker, which are attached to the rear of the towed vehicle and, when lit, will signal stops and turn movements of the towed vehicle.
CONSENT TOW. Any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle if such tow is performed pursuant to this subchapter. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle, or a tow initiated by a city official pursuant to a court order.
COMMISSION. The Texas Commission of Licensing and Regulation.
CONVICTION. A finding of guilt by a judge or jury, or any plea of guilty or nolo contendere, unless such conviction has been held invalid by the courts or the proceedings against the defendant have been dismissed and the defendant discharged by the court.
DOING BUSINESS AS (DBA). The operating name of a company, as opposed to its legal name.
EMERGENCY LIGHTS. Flashing, rotating or strobe lights that are mounted above the roof of the wrecker. The lights shall be mounted as high and as wide as possible and visible in all directions when activated. EMERGENCY LIGHTS shall be amber only in color. No lamps or lenses other than amber may be displayed. A rearward-facing directional arrow panel, mounted contiguous with the EMERGENCY LIGHTS, is permitted.
EVIDENTIARY CRIME SCENE. A crime scene in the incorporated city that requires the response of a law enforcement agency’s specialized investigative unit(s). Examples include, but are not limited to, a homicide scene or an auto theft chop shop.
HEAVY-DUTY WRECKER. A wrecker having a chassis rated at five tons or greater by the vehicle manufacturer, equipped with a winch capable of lifting a minimum of 30,000 pounds as rated by the winch manufacturer, air brakes, and tandem axles. Except where a distinction is made, the term WRECKER includes HEAVY-DUTY WRECKER.
HIGH MOUNTED STOP LAMP. A lamp conforming to Lamps, Reflective Devices, and Associated Equipment (49 C.F.R. § 571.108).
INCIDENT. An unplanned, randomly occurring traffic event that adversely affects normal traffic operations.
INCIDENT MANAGEMENT TOW. Any tow of a vehicle in which the tow truck is summoned to the scene of a traffic accident or to an incident, including the removal of a vehicle, commercial cargo, and commercial debris from an accident or incident scene.
LAW ENFORCEMENT OFFICER. A city police officer, or a peace officer for a law enforcement agency located in the county or state. (See Tex. Code C.C.P. Ch. 2, Art. 2.12.)
LAW ENFORCEMENT SCENE. The scene of a crime, collision or custodial arrest, or the location of a vehicle that is a traffic hazard, a recovered stolen vehicle or an abandoned vehicle.
NO SHOW. When the TCPD dispatcher telephones a towing company on the rotation list to perform a non-consent tow, and the wrecker does not arrive on the scene within the 30-minute time limit. A towing company is allowed three “no shows” during the calendar year. Any violation of this provision shall result in suspension or revocation of that wrecker company’s permit for the remainder of the calendar year.
NON-CONSENT TOW. Any tow of a motor vehicle that is not a consent tow.
NON-CONSENT TOW LIST. The TCPD shall maintain a master list of all wrecker companies to be utilized in the event of a tow conducted not at the permission or direction of the motor vehicle’s legal or registered owner, or such owner’s authorized representative.
OPERATE. To drive or otherwise use a wrecker.
OPERATOR. Any person operating a wrecker, regardless of whether the person owns the truck.
OWNER. Any person who holds the legal title of the motor vehicle or who has the legal right of possession thereof.
PASS. When the TCPD dispatcher telephones a towing company on the rotation list to perform a non-consent tow, and is unable to contact the towing company, or the towing company refuses or declines to accept the telephone call, or the towing company refuses to accept the towing assignment. Each towing company shall be allowed ten passes during a calendar year. Any violation of this provision shall result in suspension or revocation of that wrecker company’s permit for the remainder of the calendar year.
PERSON. A sole proprietor, partnership, corporation, limited liability company (LLC), assumed name or doing business as (DBA) shall be considered a PERSON for the purposes of this subchapter.
PUBLIC ROADWAY. A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
STORAGE COMPANY. An individual, partnership, corporation or any other association that is engaged in the business of storing motor vehicles for compensation or the expectation of compensation. The term includes the owner, operator, employee and/or agent of the STORAGE COMPANY.
TCPD. The City of Texas City Police Department.
TOW. The movement of a motor vehicle by a wrecker.
TOWING COMPANY. An individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state, but does not include a political subdivision of the state.
VEHICLE. A device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively on a stationary rail or track.
VEHICLE OWNER. The motor vehicle’s legal or registered owner, or such owner’s authorized representative who is physically present at the law enforcement scene.
VEHICLE STORAGE FACILITY. As defined by Tex. Transportation Code § 2303.002, and that is operated by a person who holds a license issued under Tex. Transportation Code Ch. 2303 to operate the facility.
VEHICLE STORAGE FACILITY OWNER. An individual, partnership, corporation or any other association (other than a governmental entity) that is engaged in the business of operating a garage, parking lot, storage lot or any type of facility to store motor vehicles subject to non-consent tows under this subchapter.
WORKING DAY. Any day that the TCPD conducts normal business, excluding holidays and weekends.
WRECKER. A commercial motor vehicle equipped with, or used in combination with a mechanical device adapted or used to tow, winch or otherwise move a motor vehicle, which, together with the towed vehicle, has a gross vehicular or actual weight of 26,000 pounds or less. For purposes of convenience, the term WRECKER, as used throughout this subchapter, shall be deemed to include both the defined terms HEAVY-DUTY WRECKER and WRECKER, unless a specific reference to the term HEAVY-DUTY WRECKER is made.
WRECKER PERMIT. A tag issued by the TCPD authorizing a specific wrecker to perform non-consent tows.
WRECKER SELECTION FORM. The form for selection of wrecker companies, prepared and used as provided by the city.
(1998 Code, § 126-31) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
(A) General. To obtain a permit for any wrecker, a towing company shall file a written application with the TCPD. The application shall contain the following information:
(1) Year and make of the wrecker to which the permit will apply;
(2) Vehicle identification number (VIN) of the wrecker and copy of state certificate of title;
(3) Current state license plate number for the wrecker;
(4) Full business name, address and telephone number for the true wrecker title owner. A DBA or assumed name shall be accompanied by the name of the underlying business entity;
(5) Full business name, address and telephone number for the towing company (if different from title owner). A DBA or assumed name shall be accompanied by the name of the underlying business entity;
(6) The operator’s state operator’s license number;
(7) The name of the insurance company, the policy number and the insurance agent’s name and telephone number;
(8) A list of the vehicle storage facilities the towing company uses and that are listed for that wrecker, and which shall be located within the city limits;
(9) The applicant’s original signature;
(10) Cab card issued by the state. Full business name on cab card shall match the full business name on application;
(11) Tax ID number for the towing company (for business identification purposes only);
(12) Working phone number listed under towing company, with contact information of the towing company in the city; and
(13) Wrecker shall be owned or leased by the towing company. If the wrecker is leased, a copy of the lease agreement shall be provided. The lease agreement shall cover the full period of the permit.
Leased wreckers shall only be used by the towing company making application for that wrecker. The same wrecker shall not be used by another towing company on rotation.
(B) Accompaniments. The written application form shall be accompanied by:
(1) Copies of vehicle registration listing and cab card issued by the Texas Department of Transportation (TXDOT). Business name on cab card shall be the same name as on the application;
(2) Copy of towing company DBA, partnership agreement or articles of incorporation, if applicable;
(3) Receipt from the County Tax Office showing current registration, or if the wrecker is registered outside the county, the current registration from the county where the wrecker is located;
(4) Proof designated inspection was passed;
(5) Copy of the towing company’s most recent wrecker invoice;
(6) Current original business card for the towing company, which shall include the full business name, business phone number and all addresses and phone numbers of storage lots to be used by the towing company;
(7) Original certificate of insurance for the wrecker being permitted, with the additional insured named as follows:
City of Texas City
1801 9th Avenue North
Texas City, Texas 77590
(8) The application shall be submitted to the TCPD by hand delivery or by delivery through the United States Postal Service or any private courier service. Applications or supporting documentation shall not be submitted by facsimile or electronic mail.
(a) Yearly renewal package. Yearly renewal package fee of $450 to cover all expenses such as two identifications, backgrounds checks, two wrecker inspections, paper work, and verification of documents.
(b) Additional drivers. Additional drivers shall be required to pay a $25 administration fee for background and driver’s licenses’ verifications.
(c) Identification cards. Identification cards shall be issued by the TCPD and shall be worn above the waist on the outer layer of clothing at all times by wrecker drivers while on scene during a pick up.
1. These identification cards shall be issued to all drivers who successfully passed a background check.
2. The fee shall be the responsibility of the drivers and/or owners of the wrecker company.
3. Any lost identification cards shall cost $25 for replacement.
(d) Additional wreckers. Additional wreckers added over the required minimum of two shall be assessed an additional $25 fee per wrecker, which includes the wrecker inspection.
(e) Fees.
1. All application, inspection, and tow truck operator license fees shall be remitted at the time of submission of the permit application.
2. These fees are nonrefundable except where provided by law.
3. The TCPD Chief of Police, or his or her designee, may review the application process to determine if any applicable refund is required;
(9) In order to operate a wrecker/tow truck in the city, the following requirements shall be met:
(a) Be at least 18 years of age;
(b) Be authorized to work full-time in the United States;
(c) Be able to communicate in the English language;
(d) Shall not have been convicted of a felony offense in the preceding five years or a class A or B misdemeanor in the preceding two years.
1. Less than two years have elapsed since the date of conviction, the date of release from confinement imposed for the conviction, or termination of probation, whichever is later; if the applicant was convicted of a misdemeanor offense.
2. Less than five years have elapsed since the date of conviction, the date of release from confinement for the conviction, or the termination of probation or parole, whichever is the latter; if the applicant was convicted of a felony;
(e) Shall not be a convicted sex offender;
(f) Each applicant shall have his or her fingerprints taken by the TCPD at the time the permit application is submitted, and shall be subject to a background investigation conducted by the TCPD.
(10) An applicant for a wrecker permit shall submit the application and fee to the TCPD; and
(11) A copy of the vehicle storage facility permit issued by the state.
(C) Issuance. If the TCPD determines that the applicant has satisfied all requirements under this subchapter, a permit shall be issued.
(D) Expiration of permit. All wrecker permits expire annually at midnight on December 31, regardless of the issue date. To renew a permit, the applicant shall file a renewal application.
(E) Permit renewal.
(1) Wrecker permit applications shall be submitted to the TCPD from October 1 through December 1 for the next calendar year.
(a) Permits shall be valid for a period of one year.
(b) The deadline for the annual application process shall be December 1 of the year immediately preceding the effective year of the permit.
(c) When the yearly application renewal period closes, new applications shall not be accepted until the following December.
(d) If a wrecker company misses the deadline, TCPD shall accept applications for the next calendar year.
(2) A towing company that fails to renew the permit before it expires shall be removed from the non-consent tow master list.
(3) Operating a wrecker with an expired permit constitutes a violation of this subchapter.
(4) Permits shall be granted to the original applicant only and are non-transferable. Sale of a business shall require the new business to apply for a new permit.
(5) Permits are not assignable or transferable; except that, a permit may be transferred to a replacement truck if:
(a) The replacement truck belongs to the same towing company and the original truck shall no longer be used by the towing company on rotation;
(b) The towing company obtains written permission from the TCPD;
(c) The replacement truck passes the required inspection;
(d) Proof of insurance is submitted to the TCPD; and
(e) Failure to follow this process constitutes a violation of this subchapter.
(F) Insurance requirements.
(1) An applicant shall procure, and keep in full force and effect, a policy of liability and property damage insurance. Joint insurance with another company or permit holder shall not be allowed. At the time of initial registration and upon renewal, the registrant shall file, or cause to be filed, a certificate of insurance with the TCPD. The certificate shall clarify the type and amount of insurance coverage and provide for 30 calendar days’ notice to the TCPD of cancellation of, or material change in the policy. The certificate shall name the city as an additional insured. Prior to the issuance of any wrecker permit, the applicant shall file with the TCPD, or cause to be filed, proof of motor vehicle liability insurance coverage issued by an insurance company listed as an authorized auto liability lines carrier on the State Department of Insurance list of authorized insurance companies. Each policy shall be issued by a casualty insurance company authorized to do business in the state and that complies with all applicable rules and regulations of the State Board of Insurance. Proof of insurance shall be carried in the wrecker at all times.
(2) The required insurance for injury to or destruction of property in any one collision shall be $50,000.
(3) A towing company shall maintain insurance for each wrecker it owns or operates that meets the requirements of all other applicable statutes, in addition to meeting the insurance requirements set forth in this subchapter. A law enforcement officer may request proof of insurance from the owner/operator.
(4) A towing company shall not perform any non-consent tows if it fails to provide the required insurance coverage.
(1998 Code, § 126-32) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 12-14, passed 5-2-2012; Ord. 16-01, passed 2-17-2016)
Each towing company that has been issued a towing permit shall maintain the following identification markings on each wrecker it owns or operates:
(A) Display on each wrecker used for non-consent tows a permit plate issued by TXDOT pursuant to Tex. Transportation Code § 502.281, as hereafter amended or its successor statute;
(B) Display on each wrecker used for non-consent tows the permit issued by the city; and
(C) Magnetic and removable signs are not permitted.
(1998 Code, § 126-33) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 12-14, passed 5-2-2012; Ord. 16-01, passed 2-17-2016)
(A) Each wrecker service shall have a minimum of two licensed wreckers per wrecker company, but no more than five tor the rotation list. This shall ensure the wrecker service is able to provide adequate service to the citizens it serves and the TCPD.
(B) Only those towing companies that have met the following annual requirements shall be placed on the non-consent wrecker rotation list:
(1) Have submitted and been issued a wrecker business permit under the provisions of this subchapter;
(2) Own or lease, and/or operate, a vehicle storage facility within the city limits, available for the storage of automobiles which may be removed as a result of the name of the wrecking company appearing on the non-consent wrecker rotation list. Only one towing company per vehicle storage facility shall be allowed. A vehicle storage facility shall be of a size sufficient to allow for the storage of a wrecker company’s non-consent tows, and shall contain a minimum of 4,000 square feet. Dealerships acting as towing companies shall be exempt from the requirement to provide a vehicle storage facility, as provided by state law;
(3) Have deposited with the City Secretary a garagekeeper’s legal liability policy covering fire, theft and explosion in the vehicle storage facility in the same minimum amount as is required by state law for consent tows, and showing the city as an additional insured; and
(4) Maintain a 24-hour wrecker service.
(1998 Code, § 126-34) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
(A) Upon receiving the first communication that the owner of a vehicle involved in a collision has failed or refused to designate a wrecker company, or has specifically designated no preference, the TCPD dispatcher receiving the communication at police headquarters shall call the first towing company on the list to tow a disabled vehicle and remove the vehicle from the public streets of the city. If a towing company does not timely respond with its wrecker within 30 minutes (absent exigent circumstances), the next towing company on the rotation list will be called (no show).
(B) On each succeeding communication of the failure or refusal of the owner to designate a wrecker, or where the owner has specifically designated no preference, the next company on the list shall be called, and so on, calling each towing company on the master list in rotation, and properly noting each call on the master list.
(C) The city reserves the right to cancel the next-out wrecker, as warranted by the situation on the scene. If the city cancels the next-out for any reason other than the company’s failure to arrive within the allocated time limit, or the equipment does not meet the requirements of the situation, the company shall be placed on top of the rotation list and shall receive the subsequent next-out call.
(D) If the next-out wrecker on the scene cannot complete the job with the towing company’s own vehicles or needs additional help, the towing company shall notify the law enforcement officer in charge at the scene and additional next-out wreckers shall be called to the scene as warranted. The additional next-out wreckers may also charge the wrecker fee upon hook-up. The original next-out wrecker shall be the first entitled to storage of the vehicle and the storage fees.
(1998 Code, § 126-35) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 04-53, passed 11-3-2004; Ord. 05-45, passed 10-5-2005; Ord. 16-01, passed 2-17-2016)
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