(A) A city tow truck permit shall entitle the permit holder to use the permitted tow truck from February 1 through January 31 of the following year to:
(1) Perform non-consent tows of motor vehicles within the city consistent with state law;
(2) Perform tows at the direction of the City Police Department from the permit holder list.
(B) Effective January 1, 2022, each permit holder shall pay an annual fee of $50 for each tow truck on the permit list. This fee covers the inspection of the tow truck and its equipment and issuance of the permit.
(C) Effective January 1, 2022, each permit holder shall pay an annual fee of $50 for the inspection of the storage lot/facility.
(D) An applicant for a permit shall submit, on a form provided by the city, a verified application containing or accompanied by the following:
(1) The true name, address and telephone number of the company or person who owns the tow truck proposed to be used for Police Department non-consent tows;
(2) The names of the persons who will operate the tow truck on permit list calls, proof that the company ran a background check on the employee, and proof of passing a pre-employment drug test and one random test each year. The employee must not be a registered sex offender, currently indicted for a felony offense, or be the subject of an arrest warrant. Approved drivers will be issued an identification card to be renewed annually. The card is to be returned to the department whenever an approved driver leaves the employment of the permit holder. The fee for the identification card is $10;
(3) A certificate from the city’s tax assessor-collector that all city taxes on all properties, real and personal, to be used in connection with the applicant’s tow truck business are current;
(4) A certificate of public liability and property damage insurance issued by a casualty company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance containing a provision that at least ten days prior notice of cancellation of said insurance shall be given to the Police Chief of the city, by the insurance company, and providing that the amount of coverage shall comply with the limits established by state regulations; and
(5) The applicant shall file a sworn statement that he or she has no financial interest in any other tow truck service on the permitted tow truck list ,and that he or she is not employed as a peace officer for any agency that works within the territorial jurisdiction of the city.
(E) No permit shall be issued to any applicant unless the applicant’s vehicle depository is wholly or partially located within two miles of the city limits, meets state laws and regulations for a vehicle storage facility, and the facility is not used to store vehicles by more than one tow truck company.
(F) The permit, when granted, shall be kept in the tow truck permitted.
(Ord. 17-0822, passed 8-22-2017; Ord. 21-0921, passed 9-21-2021)
Penalty, see § 91.99