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(A) The following are special rules:
(1) Shall own or lease a heavy-duty wrecker, as defined;
(2) Shall have a vehicle storage facility located in the city;
(3) Response time must be within one hour after notification;
(4) Shall have insurance in the minimum amounts as set by the state for heavy-duty consent tows. The city must be named as an additional insured; and
(5) Shall have a permit and comply with all other provisions of this chapter that are not in conflict with this section. Operation of a regular wrecker on rotation is not required to operate on heavy-duty rotation.
(B) If no heavy-duty wrecker is available to respond through the heavy-duty rotation list, the city may contract with any available heavy-duty wrecker service.
(1998 Code, § 126-51) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016) Penalty, see § 10.99
(A) The TCPD shall establish and maintain a formal complaint system to be used by members of the public wishing to file a formal complaint on a tow truck/wrecker company or driver. The creation, maintenance, and investigation of these complaints lie within the authority of the TCPD. In addition, all permitted towing companies shall notify the TCPD of any and all complaints received within five business days of receiving the complaint.
(B) Upon receiving a complaint from any source claiming damages, loss to a vehicle, or its contents, while being towed or stored by a tow truck/wrecker operator, the operator or owner shall submit a written report to the TCPD Chief of Police, or his or her designee, within five business days of receipt of the complaint. These reports shall contain all facts pertinent to the claim or complaint presented.
(C) The TCPD Chief of Police, or his or her designee, shall be notified in writing within 48 hours of any arrest or criminal conviction of the owner of a wrecker company, or of any wrecker driver employed by a wrecker company.
(D) Operators shall maintain proper conduct at all times when performing a non-consent tow, and shall not fight, assault, threaten use of force, use profanity or exhibit disorderly conduct. Towing companies shall be responsible for the conduct of their operators. Improper conduct of an operator shall be grounds for suspension or revocation of the towing company’s permit for the calendar year. Additionally, towing companies shall prohibit operators who are convicted of a felony, a crime involving moral turpitude, or a crime involving disorderly conduct or assault, associated with conduct performing a non-consent tow or otherwise, subsequent to the issuance of a permit, from performing further non-consent tows for the city. The towing company shall have an affirmative duty to disclose to the TCPD if any of its operators have been convicted as stated above, subsequent to the issuance of a permit.
(1998 Code, § 126-52) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016) Penalty, see § 10.99
Grounds for suspension or revocation of a permit may include the following:
(A) Failure at any time to meet or keep any of the requirements of this subchapter, including conduct of operators and interfering with police, fire and EMS;
(B) Operating a tow truck in such a manner as to endanger any person or property;
(C) Failure to adhere to the TCPD’s rules and regulations;
(D) Violation of any federal or state law, or any rules or regulations promulgated pursuant to federal or state law, or any other city ordinances related to the operation of a tow truck or vehicle storage business; and/or
(E) Failure to arrive within the specified response time limit (as defined for a no show).
(1998 Code, § 126-53) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
(A) Notwithstanding any provision of this subchapter, the TCPD Chief of Police, or his or her designee, shall be authorized to suspend or revoke any permit for a violation of any of those items listed as grounds for suspension or revocation. The TCPD Chief of Police, or his or her designee, may immediately suspend a permit for up to 15 calendar days if there is substantial evidence of a violation that constitutes an imminent danger to the public, and the permit holder is unable or unwilling to correct the violation. Otherwise, before any permit may be suspended or revoked, the TCPD Chief of Police, or his or her designee, shall hold a hearing at which evidence of such violation may be presented and rebutted. A hearing may be scheduled by the TCPD Chief of Police, or his or her designee, after receiving a complaint charging a violation or, at his or her discretion, upon his or her investigation and review. Notice of the hearing, the administrative action proposed to be taken, and the grounds therefor, shall be given to the permit holder at least ten calendar days prior to the hearing. Mailing such notice by certified mail to the last known business address of the permit holder, not less than ten calendar days prior to the hearing, shall constitute adequate notice. If the TCPD Chief of Police, or his or her designee, suspends or revokes a permit, he or she shall notify the permit holder in writing of the reasons for the suspension or revocation, the effective date of the suspension or revocation, the date of reinstatement, if any, and the conditions that must be satisfied for reinstatement. Such notification shall advise the permit holder that he or she may appeal the decision to the Mayor. Mailing such notification by certified mail to the last known business address of the permit holder within ten calendar days of the hearing shall be deemed sufficient. No person whose permit has been revoked shall be eligible to apply for a new permit until the next renewal period. The TCPD Chief of Police, or his or her designee, in determining whether to suspend or revoke a permit, may consider prior suspensions.
(1) If a permit holder has only two vehicles and one has a mechanical failure, and the owner notifies both the TCPD wrecker coordinator and TCPD dispatcher of the mechanical failure, the permit holder shall be removed from the city rotation list for the reasonable amount of time necessary for the permit holder to perform the repairs.
(2) The owner must show proof of such mechanical failure in writing (repair bill) to the TCPD wrecker coordinator before they are placed back on rotation.
(3) Any proof of mechanical failure shall be presented, Monday through Friday, from 7:30 a.m. to 4:30 p.m.
(4) Once placed back on rotation, the permit holder will be placed at the bottom of the list.
(B) If an owner and/or driver of a wrecker company shall have any felony criminal charges filed against him or her during the previous year, then he or she will not be eligible for a wrecker permit the following year, unless the charges have since been dismissed or resulted in a verdict of not guilty.
(1998 Code, § 126-54) (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) A tow truck under this subchapter shall not charge any fees in excess of rates established by the TCPD and confirmed by the City Commission. If a situation occurs where rates established by the state apply and those rates are in conflict with city rates, the towing company shall comply with state regulations. The permitted towing service rate schedule is as determined by City Commission. The bill for towing any motor vehicle shall be itemized to reflect the services performed, labor, and/or other materials required and/or any other applicable charges. A copy shall be provided to the TCPD within ten calendar days, when requested.
(1) The maximum base towing charge for a non-consent tow shall be $150. The maximum towing base charge for a non-consent heavy-duty tow shall be $250, plus $ 150 per hour after the first hour, or portion thereof, on the scene, not including tow time to destination. The maximum towing base charge for vehicles in the water is $250. The maximum towing base charge for vehicles over the rocks on the Texas City Dike is $250. If a heavy-duty wrecker is requested, the charge shall be in accordance with the following fee schedule.
STANDARD SERVICES | MAXIMUM FEE |
STANDARD SERVICES | MAXIMUM FEE |
Standard Tow - Light- or Medium- Duty | $150 |
Motorcycle Tow | $175 |
Heavy-Duty Tow (single vehicle, combination or trailer) | $250 + $150 per hour (or portion thereof) after first hour on scene, not including tow time to destination |
Submerged/Partially Submerged Vehicle (any type) | Light-Duty: $200 Heavy-Duty: $250 + $150 per hour after first hour (or portion thereof) on scene, not including tow time to destination |
Trailer, Light- or Medium-Duty (no vehicle) | $150 |
Vehicle + Trailer (light- and medium-duty) | $150 |
Boat or other item (with or without trailer) | $150 |
SPECIAL SERVICES | |
Dolly fee | $45 + Standard Tow* |
Ditch or Sand Pull | $65 + Standard Tow* |
Rollover | $85 + Standard Tow* |
Shift Transmission Under Car | $20 + Standard Tow* |
Remove Drive Shaft | $30 + Standard Tow* |
Replace Tire (standard vehicle or trailer) | $15 + Standard Tow* |
EXTRA FEES | |
No Keys | $35 + Standard Tow* |
Extra Cost (All Accidents) | $35 + Standard Tow* |
Storage Fee | $5 to $20 per day or portion of day for vehicles under 25 feet; $35 per day or portion of day for vehicles over 25 feet (per statute) |
SERVICES NOT LISTED | Heavy-Duty: $150 per hour All Others: $75 per hour |
(2) IN THE WATER shall mean any vehicle in which all four wheels are covered by more than six inches of water. IN THE WATER shall not mean street flooding, water on public streets, city rights-of-ways or drainage ditches of four feet or less in depth.
(B) Wrecker companies will be allowed to charge an additional $5 surcharge per tow. This additional charge is to help offset the additional cost to comply with Tex. Occupations Code § 2303.159(a), which requires the operator of a vehicle storage facility to accept payment by an electronic check, debit card or credit card for any charge associated with delivery or storage of a vehicle.
(C) The city shall review the towing charges on an annual basis and solicit input from all towing companies on rotation.
(1998 Code, § 126-55) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 04-08, passed 4-21-2004; Ord. 04-53, passed 11-3-2004; Ord. 05-45, passed 10-5-2005; Ord. 12-14, passed 5-2-2012; Ord. 16-01, passed 2-17-2016)
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