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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)
(A) Records of removal of vehicles required. Every towing company qualified for and whose name appears at its request on the wrecker rotation list shall maintain, at its storage facility location within the city, records as to all vehicles it moved after being notified to do so by personnel of the city in accordance with the provisions of this subchapter.
(1998 Code, § 126-36)
(B) Contents and retention period.
(1) The records required to be kept by division (A) above shall contain the following information:
(a) Make, model and vehicle identification number (VIN) of the disabled automobile moved by the company;
(b) Location from which the disabled vehicle was removed, and date and time of removal;
(c) Total amount charged for towing;
(d) Storage rate per day;
(e) Description of all personal property within the disabled automobile at the time of its removal; and
(f) Name of the driver or owner of the motor vehicle.
(2) Records shall be preserved by the towing company for at least three months from and after the date the company came into possession of the automobile.
(1998 Code, § 126-37)
(C) Inspection by police. The records required to be kept by this subchapter shall be made available to the members of the TCPD by the towing company at any reasonable time upon request.
(1998 Code, § 126-38)
(Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
Upon notification from the scene to the TCPD dispatcher for the next-out, non-consent wrecker to respond to a collision scene, no other wrecker operators shall arrive at the location for the purpose of soliciting business.
(1998 Code, § 126-39) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
If the owner/operator of a disabled vehicle involved in an accident or collision fails to designate a towing company, or refuses to designate one, or is placed under police custody, the investigating officer shall communicate that fact immediately to the TCPD dispatcher. The TCPD shall keep a master list, known as the wrecker non-consent rotation list, in alphabetical order, of all wrecker companies qualifying therefor under the provisions of this subchapter.
(1998 Code, § 126-42) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
No person shall follow in a wrecker any ambulance or police car that is traveling on a public roadway in response to a report of an automobile collision.
(1998 Code, § 126-43) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
No TCPD officer investigating or present at the scene or site of any wreck or collision on a public roadway 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 services or repair business, nor shall any police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair service.
(1998 Code, § 126-44) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
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