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(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 No person whose permit has been revoked shall be eligible to apply for a new permit until the next renewal period.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)
Tow truck drivers shall notify the TCPD officer (dispatcher) prior to their attempt to repossess or remove private property tows. The notification shall consist of the tow truck driver’s name, company name and phone number, location from which the vehicle will be removed, and the vehicle description (year, make, model, color, license plate number and state of issuance). Upon leaving the scene, the tow truck driver shall immediately notify the TCPD dispatcher whether the pick-up was successful or not successful.
(Ord. 16-01, passed 2-17-2016)
BUS SERVICE
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BUS SERVICE. Any use of any street in the city by any automobile, tour vehicle, motor bus, truck or other trackless vehicle, which is held out or announced by sign, voice, writing device, advertisement or otherwise to be run or operated to and from any particular or designated termini, zones or territories, or over any particular or designated route or line of travel, for the carriage of passengers for hire or for a gratuity or donation, however the gratuity or donation may be received. BUS SERVICE is distinguished from taxicab service in that bus service operates over fixed routes or between fixed termini and passengers do not direct the route of travel.
(1998 Code, § 126-311) (Ord. 93-74, passed 1-19-1994)
It shall be unlawful for any person to operate a bus service in the city without having first obtained either a franchise granted by the City Commission pursuant to Art. XVII of the Charter or a license granted pursuant to the provisions of this subchapter. This subchapter shall not apply to any person who operates a bus service pursuant to franchise, nor shall it apply to any person operating a bus service directly for the city pursuant to contract.
(1998 Code, § 126-312) (Ord. 93-74, passed 1-19-1994) Penalty, see § 10.99
(A) Application. Any person desiring to engage in bus service in the city shall make application to the Chief of Police or his or her designated director for a license pursuant to this subchapter, and such application shall contain the following information:
(1) Name, business and residence address of the applicant;
(2) Make, style and/or other description of the vehicles to be used, including the state motor vehicle license tag number, if any; and
(3) Routes over which vehicles will run, and their termini.
(B) Fee. A non-refundable application fee of $150 shall accompany the application. An annual permit can be renewed if qualifications are met and $150 renewal fee paid. The holder of an annual permit shall pay the city a permit fee of $100 a year for each bus authorized by the permit. The City Commission shall periodically by acclamation or other order, at its discretion, set annual license fees which shall be paid by each licensee or applicant for a license, including the times for payment and method of collecting and accounting for such fees.
(C) Issuance. Upon presentation of such application and after investigation of such application, if in the exercise of good discretion the interests of the public so require, the Chief of Police or his or her designated director may grant the applicant a license to conduct a bus service in the city as authorized by this subchapter.
(D) Privileges granted by license. Upon issuance of the license, it shall be lawful for the person named in the license to operate, in accordance with the terms thereof, such vehicle in a bus service unless such license has expired or is suspended or revoked.
(E) Term; transfer. All licenses granted under this subchapter shall be valid for one year from date of issue, unless suspended or revoked sooner. No license granted under the terms of this subchapter shall be transferable.
(F) Driver qualifications. Drivers must meet the qualifications as set out in § 113.056 below.
(1998 Code, § 126-313) (Ord. 93-74, passed 1-19-1994; Ord. 13-16, passed 6-19-2003)
(A) Reasons. The permit granted under this subchapter is a privilege and not a right under the law, and the city may suspend or revoke any license or permit issued by the Chief of Police or his or her designated director under this subchapter for any one or more of the following reasons:
(1) Non-compliance. A failure to comply with the regulations pertaining to such business as established by this subchapter;
(2) Inefficient and unsafe service. A failure to give efficient service or to protect the safety of passengers and the public in accordance with the laws of the state and the ordinances of the city;
(3) Violation of penal law. Violation of any penal law of the United States, any law of the state or any ordinance of the city by the licensee or any person operating a vehicle in a bus service for the licensee; and
(4) Failure to maintain insurance or safe vehicles. Failure to maintain insurance required by this subchapter, or maintaining vehicles which do not pass safety inspections.
(B) Hearing. No license granted under the terms of this subchapter shall be revoked, except after a hearing at which the licensee shall have an opportunity to be heard.
(C) Appeals. The licensee shall have the right to appeal to the Chief Executive Officer from any order of revocation or suspension by the Chief of Police or his or her designated director. Until such appeal is acted on by the Chief Executive Officer, such suspension or revocation shall remain in effect. During the period of such suspension or after such revocation, it shall be unlawful for such person to operate any vehicle in a bus service unless and until the suspension is removed or a new license is granted, with the exception as stated in § 112.39 of this chapter.
(1998 Code, § 126-314) (Ord. 93-74, passed 1-19-1994; Ord. 13-16, passed 6-19-2003) Penalty, see § 10.99
Every licensee holding a license to operate a bus service pursuant to the provisions of this subchapter shall maintain in full force and effect at all times a policy, naming the city as additional insured, of public liability and property damage insurance, covering each vehicle so used, in an amount not less than $250,000 for injury to or death of one person, $500,000 per occurrence and $100,000 for damage or destruction of property. The licensee shall furnish proof of such coverage by filing with the City Secretary a valid certificate of insurance or, in lieu thereof, a true multiple original of any such policy. The policy shall contain a clause requiring that 30-days’ notice be given to the city prior to cancellation. If such notice of cancellation is given by the insurance company, the licensee shall obtain new insurance before the expiration of the 30-day period; if the licensee fails to do so his or her license may be revoked after a hearing as provided for in § 112.38(B) of this chapter.
(1998 Code, § 126-315) (Ord. 93-74, passed 1-19-1994)
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