HomeMy WebLinkAboutORD 1988-014 ORDINANCE NO. 88-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING CHAPTER 26 OF
THE GRAPEVINE CITY CODE RELATING TO TOW
TRUCKS AND TOWING SERVICE WITHIN THE CITY BY
AMENDING SECTIONS 26-1 THROUGH 26-10,
INCLUSIVE; BY REPEALING SECTIONS 26-11
� THROUGH 26-14, INCLUSIVE; BY AMENDING
SECTIONS 26-15 THROUGH 26-29, INCLUSIVE; BY
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500 . 00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS :
Section 1 . That the title of Chapter 26 of the Grapevine
City Code is hereby amended to read "Tow Trucks and Towing
Service" .
Section 2 . That Chapter 26, Section 26-1 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-1 . Definitions.
A. For the purpose of this chapter, the following
words shall be as defined hereinbelow:
+�r 1 . ABANDONED MOTOR VEHICLE means a motor vehicle
that is inoperable and more than eight (8)
years old and left unattended on public
property for more than forty-eight (48)
hours, or a motor vehicle that has remained
illegally on public property for a period of
more than forty-eight (48) hours, or a motor
vehicle left unattended on the right-of-way of
a designated county, state, or federal highway
within the corporate limits of the City of
Grapevine for more than forty-eight (48)
hours .
2 . CHIEF OF POLICE means the chief of the City
of Grapevine police department.
3. CONSENT TOW means any tow conducted with the
permission of, or at the direction of, the
vehicle ' s legal or registered owner or such
owner' s authorized representative. Except as
set forth in the definition of nonconsent tow
in this section, a tow will be considered a
i°�' consent tow where the owner is able to give
consent.
� 4. DISABLED VEHICLE means a vehicle which has
been rendered unsafe to be driven as a result
of some occurrence other than a wreck,
including, but not limited to, mechanical
failures or breakdowns, fire, vandalism, or a
vehicle which is in a safe driving condition,
but the owner is not present, or able, or
permitted to drive, so as to reasonably
necessitate that the vehicle be removed by a
tow truck.
5. MOTOR VEHICLE means a vehicle subject to
registration under the Certificate of Title
Act (Texas Civil Statutes, Article 6687-1) or
any other device designed to be self-
propelled or transported on a public highway.
6 . NONCONSENT TOW means any tow conducted without
the permission of, or not at the direction of,
the vehicle ' s legal or registered owner, or
such owner ' s authorized representative, �
regardless of the vehicle ' s location or
condition. Towing the vehicle of a person who
has been taken into custody by a law � ,�;
enforcement agency is considered a nonconsent
tow.
7. OPERATE means using a tow truck to tow, winch,
or otherwise move a motor vehicle.
8 . OPERATOR means any person operating a tow
truck, regardless of whether the person owns
the truck.
9 . PERMITTEE means a person authorized by permit
to operate a tow truck within the corporate
limits of the City.
10 . PERMIT means that specific written
authorization issued by the City of Grapevine
which allows a person to operate a tow truck
within the corporate limits of the City.
11 . PERSON means an individual, partnership, joint
venture, association, corporation, or any
other entity recognized in law.
12. STREET means any street, alley, avenue, land, aR�,_�
or highway within the corporate limits of the
City of Grapevine.
13 . TOW TRUCK means a motor vehicle or mechanical
device adapted or used to tow, winch, or
otherwise move disabled motor vehicles .
14 . TOW TRUCK OWNER means a person engaged in the
business of usinq a tow truck to tow, winch,
or otherwise move a motor vehicle. "
Section 3 . That Chapter 26, Section 26-2 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-2. Permits.
A. No person operating tow trucks whose principal
place of business is located within the City or
persons performing nonconsent tows within the City,
shall drive, operate, or cause to be driven or
operated, nor shall any person employ, permit or
allow another person to drive, operate or cause to '��'"'
be operated any tow truck on any street in the City
without first having obtained from the City, a
permit for each tow truck authorizing such . �
operation.
B. Each tow truck must have its own permit. Permits
are not assignable or transferrable.
C. Each permit expires at midnight on the 31st day of
January of each year.
D. A permit allows a tow truck to be operated for
compensation with the City.
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E. The permit shall be kept in the tow truck at all
times . "
Section 4. That Chapter 26, Section 26-3 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-3. Exceptions.
This chapter shall not apply to any person or tow
- truck performing consent tows within the City, unless
such person has a principal place of business within
the City. "
�
Section 5. That Chapter 26, Section 26-4 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-4 . Application process .
A. A person, corporation, partnership, or any other
entity desiring to operate a tow truck shall file a
written application with the chief of police
annually on a form provided by the chief of police
for that purpose . The written application form
shall be accompanied by a certificate of insurance
and the required fees . The application must be
signed by the truck ' s owner or the owner' s
authorized agent.
B. The following information is required in the initial
application:
1 . year and make of the vehicle;
�:::.�
2 . vehicle identification number;
3 . vehicle certificate of title number;
�:�
4. empty weight;
5. gross weight;
6 . carrying capacity;
7 . current Texas license plate number;
8 . name, address , and telephone number of tow
truck owner;
9 . sales tax identification number, if
applicable;
10 . two (2) photographs of the tow truck, one (1)
of each side, showing the identification
required by these sections; and
11 . a certified copy of the certificate of
registration issued by the Texas Department of
�
Labor and Standards .
C. A renewal application must contain:
�'"" l , the address and phone number of the tow truck
owner if it is different from the initial
application;
2 . the vehicle' s current Texas license number;
and
3 . the vehicle ' s current Texas Department of
Labor and Standards certificate of
registration number.
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D. Both initial and renewal applications shall include
a certification that the truck complies with the
safety and insurance requirements as set forth in
this chapter.
E. If the applicant is a corporation, both initial and
renewal applications shall include a certificate of
good standing from the state comptroller' s office.
Applicants should contact the comptroller' s office
for information on how to obtain the certificate of ��
good standing.
F. Annual renewal applications may be submitted �,,„,�,
between November 1 and January 31 of each year. A
certificate of insurance and fees shall be
submitted with the written renewal application.
Regardless of when a renewal application is
submitted, the renewal permit will be from
February 1 through January 31 .
G. If a tow truck owner fails to renew the permit
before it expires, he may renew it on payment of
renewal fee and a fifty dollar ($50 . 00) late fee.
This renewal permit will be valid from February 1
through January 31 . If an application for renewal
is not complete by the 31st day after the current
permit expires, the permit may not be renewed. To
reinstate the permit, the owner must comply with
the requirements for an initial permit.
H. The chief of police shall issue a permit to all
applicants who comply with all provisions of this
chapter. "
Section 6 . That Chapter 26 , Section 26-5 of the Grapevine '�"
City Code is hereby amended to read as follows :
�
"Section 26-5 . Insurance.
A. An applicant shall procure, and keep in full force
and effect, all insurance policies required by this
section. At the time of initial application, and
upon renewal, a certificate of insurance must be
filed with the chief of police by the insurance
carrier or its authorized agent. The certificate
must certify the type and amount of insurance
coverage and provide for thirty (30) days notice to
the chief of police of cancellation of or material
change in the policy.
B. The policies and certificates shall be issued by a
casualty insurance company which is authorized to
do business in this state and shall comply with all
applicable State Board of Insurance regulations .
C. The coverage provisions insuring the public from
loss or damage that may arise to any person or
property by reason of the operation of a tow truck
shall set minimum limits for each tow truck as '"`�
follows:
1 . Each tow truck must have liability insurance. �
It is the intent of this subsection to provide
for insurance covering damage, except that to
the towed vehicle, for which the tow truck
owner is liable.
(a) Any tow truck under twenty-six thousand
(26, 000) pounds or less gross vehicle
weight must carry three hundred thousand
dollars ($300, 000. 00) combined single
limit coverage.
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(b) Any tow truck over twenty-six thousand
(26, 000) pounds gross vehicle weight must
carry five hundred thousand dollars
($500 , 000 . 00) combined single limit
coverage.
2 . Each tow truck must have tow truck cargo,
on-hook, or similar type insurance . It is the
intent of this subsection to provide insurance
covering damage to the towed vehicle while it
is in the care, custody or control of the tow
truck owner for which said owner is liable.
,�„ It is further the intent of this subsection
that the insurance cover damage to the towed
vehicle that is the direct or indirect result
of an improper hookup.
(a) Each tow truck under twenty-six thousand
(26, 000) pounds gross vehicle weight must
have cargo, on-hook or similar type
insurance in an amount not less than ten
thousand dollars ($10, 000 . 00) . In lieu
of this coverage, each truck may have
garagekeeper' s legal liability insurance
with direct coverage options in an amount
not less than ten thousand dollars
($10, 000. 00) to cover damage to the towed
vehicle.
(b) Each tow truck which is more than
twenty-six thousand (26, 000) pounds gross
vehicle weight and has a tandem axle must
have tow truck cargo or on-hook insurance
for the coverage of a towed vehicle in an
��
amount not less than twenty-five thousan
dollars ($25, 000. 00) . In lieu of this
coverage, each truck may have garage-
keeper ' s legal liability insurance with
direct coverage options in an amount not
less than twenty-five thousand dollars
($25, 000 . 00) to cover damage to the towed
vehicle.
D. The certificate of insurance shall also specify
that the policy covers the vehicle subject to the
permit; identify the vehicle by make, model, and
vehicle identification number; and indicate that
the policy complies with the intent of and minimum
liability limits established by these sections.
E. Each tow truck must be insured so as to meet the
requirements of all other applicable statutes in
addition to meeting the insurance requirements set
forth in this chapter.
F. A tow truck permit issued under this chapter shall
automatically be suspended upon cancellation or
� expiration, for whatever reason, of any insurance
° required by this section.
G. Where nonconsent pulls for the police department
`� are concerned, the applicant shall submit a
certificate that expressly provides that neither
the tow truck owner nor his insurer will seek to
avoid liability on the grounds that the tow truck
operator was engaged in the exercise of a govern-
mental function. "
Section 7. That Chapter 26 , Section 26-6 of the Grapevine
City Code is hereby amended to read as follows :
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"Section 26-6. Permit fee.
A. The annual fee for an initial or renewal permit is
one hundred twenty-five dollars ($125 . 00) .
B. All fees are non-refundable.
C. A late fee of fifty dollars ($50. 00) will be
charged if the completed renewal permit application
is not filed or postmarked by midnight,
January 31st, of each year.
D. A twenty-five dollar ($25 . 00) fee will be charged �
for issuance of a duplicate permit. "
Section 8 . That Chapter 26, Section 26-7 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-7. Powers and duties of chief of police.
A. Adopt and enforce written reasonable rules and
regulations for tow trucks where necessary to
implement this chapter.
B. Administer and enforce all provisions of this
chapter.
C. Keep records of all applications for which permits
have been issued, suspended or revoked.
D. Conduct, where appropriate, inspections of
permittees, their premises and equipment.
E. Suspend, revoke, deny and reissue permits where
required. " �
Section 9 . That Chapter 26, Section 26-8 of the Grapevine �.,�
City Code is hereby amended to read as follows :
"Section 26-8 . Safety requirements.
A. Each tow truck shall have brakes that meet braking
performance requirements under all loading
conditions .
B. No tow truck shall tow more than its actual weight
unless it has a thirty-five thousand (35, 000) pound
winch capacity (single or dual line) , a five-eights
(5/8) inch diameter cable or its equivalent, and
air brakes.
C. If a tow truck is pulling a vehicle weighing
twenty-six thousand (26, 000) pounds or more, the
tow truck must be able to operate the towed
vehicle ' s service brakes . This provision does not
apply if the towed vehicle has only vacuum brakes.
D. Each tow truck shall be equipped with a power
winch, winch line, and boom, with a factory-rated '""�
lifting capacity of not less than eight thousand
(8 , 000) pounds, single line capacity or a hydraulic
wheel lift with a factory-rated lifting capacity of � =�
not less than three thousand (3, 000) pounds.
E. Al1 tow trucks shall carry the following as
standard equipment:
1 . a tow sling or hydraulic lift which is
sufficient to prevent the swinging of any
equipment being transported. This subsection
does not apply to vehicle carriers and
rollbacks;
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2, five-sixteenths (5/16) inch link steel safety
chains for tow trucks up to ten thousand
(10, 000) pounds gross vehicle weight and
one-half 1/2 inch link steel safety chains for
tow trucks over ten thousand (10,000) pounds
gross vehicle weight. These link sizes are
minimums;
3. rope, wire, or straps suitable for securing
� doors, hoods, trucks, etc; and
4. outside rearview mirrors on both sides of the
;�,, truck.
F. Any tow truck towing from the scene of an accident
must be equipped with the following:
1 , one (1) fire extinguisher that is properly
filled and located so that it is readily
accessible for use. The fire extinguisher
shall meet no less than the requirements of
the National Fire Protection Handbook, 14th
Edition (1976) , and shall be so labeled by a
national testing laboratory approved by the
chief of police upon a finding that the
laboratory' s testing procedures are reliable.
Tow trucks up to twenty-six thousand (26, 000)
pounds gross vehicle weight shall carry a five
(5) pound extinguisher, and trucks over
twenty-six thousand (26, 000) pounds shall
carry a ten (10) pound extinguisher;
2. one (1) crowbar or wrecking bar of not less
�� than thirty-six (36) inches in length with a
wedge head;
� 3. one (1) broom of a type designed for pushing
with an eighteen (18) inch head, and a handle
of not less than thirty-six (36) inches;
4, one (1) flat-edged shovel of at least nine (9)
inches, with a handle of not less than
thirty-six (36) inches;
5. three (3) portable red emergency reflectors;
6. a container to carry glass and debris cleaned
from streets when picking up a wrecked
vehicle;
7. a spotlight or flashlight;
8 . all tow trucks shall be equipped with two-way
communication;
9 . flashing warning lights that comply with the
Uniform Act Regulating Traffic on Highways,
�
Texas Civil Statutes Article 6701-d; and
10 . towing dollies.
�"'° G. If a tow truck is pulling a vehicle weight ten
thousand (10, 000) pounds or more, and the towed
vehicle does not have functioning tail lights , the
tow truck operator must supply the towed vehicle
with functioning tail lights . The tail lights must
provide safe lighting of the towed vehicle.
H. If a tow truck uses a winch, a safety wrap must be
performed.
I. Safety chains must be used on all tows.
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J. All tow trucks with a slip-in bed must have the bed
properly secured to the frame of the truck by a
minimum of eight (8) one-half (1/2) inch diameter
bolts . At least four (4) of these bolts must be at
the front of the slip-in bed.
K. No tow truck shall lift or tow more than the
lifting capacity permits.
L. No tow truck operator shall have or permit any �*�
handgun to be carried in a tow truck when he is
operating the tow truck. This provision does not
prohibit a peace officer certified by the Texas �,.,�:
Commission on Law Enforcement Officer Standards and
Education from carrying a handgun while operating
or riding in a tow truck.
M. All tow truck operators must have a valid driver' s
license of the proper class .
N. A tow truck operator shall ensure that while he is
lifting a vehicle in preparation for towing that no
one but he shall be within a safe distance of the
tow truck and vehicle to be towed. A safe distance
is a least twice the distance between the end of
the boom and the point of hook-up on the vehicle
being winched or twice the distance the car is
being lifted, whichever is greater. If a hydraulic
lift is being used, a safe distance is twice the
distance to which the lift arm is extended.
O. If at any time during the process of hooking up or
winching, a tow truck or vehicle to be towed is in
a lane of traffic, the flow of traffic must be
diverted. If the tow truck cable is strung across '�
a lane or lanes of traffic, the traffic must be
stopped or diverted by a law enforcement officer to ��
permit safe winching or lifting of the vehicle to
be towed.
P. All required safety mechanisms of the tow truck,
including, but not limited to, all headlights, tail
lights, turn signals, brakes, brakelights, hazard
lights, flashing warning lights, windshield wipers,
wiper blades, handles opening doors and windows,
and tires, shall operate and/or be in good repair.
Q. All tow trucks shall operate within the applicable
recommended towed vehicle manufacturer ' s safety
policies and procedures.
R. No tow truck operator shall use a tow bar with pins
of any kind, or any other method of attachment, to
tow a vehicle more than four (4) blocks . After
four (4) blocks, or sooner, the tow truck operator
must drop the vehicle and rehook it following all
safety procedures established by this section and
by the manufacturer of the vehicle being towed.
S. Each tow truck must meet the requirements of all
other applicable statutes in addition to meeting
the requirements of these sections. " �- ��
Section 10. That Chapter 26, Section 26-9 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-9 . Denial; suspension, revocation.
A. The chief of police, after a hearing, shall deny,
suspend, or revoke a permit issued under this
chapter if the chief of police determines that:
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1. the tow truck does not meet the requirements
set forth in these sections; or
2. the permit applicant knowingly supplied false
or incomplete information on the application.
3. the tow truck owner or operator violated any
terms or provisions of this chapter.
�"'" B. The chief of police, after a hearing, may suspend
or revoke an existing permit or disqualify a person
from receiving a permit because of a person' s
� conviction of a felony or misdemeanor if the crime
directly relates to the duties and responsibilities
involved with the operation of a tow truck, felony
probation revocation, revocation of parole, or
revocation of mandatory supervision.
1 . In determining whether a criminal conviction
directly relates to the operation of a tow
truck, the chief of police shall consider:
(a) the nature and seriousness of the crime;
(b) the relationship of the crime to the safe
operation and insuring of a tow truck;
(c) the extent to which a permit might offer
an opportunity to engage in further
criminal activity of the same type as
that in which the person previously had
been involved; and
(d) the relationship of the crime to the
� ability, capacity, or fitness required to
perform the duties and discharge the
�w responsibilities of operating a tow
truck.
2. In determining the present fitness of a
person who has been convicted of a crime, the
chief of police shall also consider:
(a) the extent and nature of the person' s
past criminal activity;
(b) the age of the person at the time of the
commission of the crime;
(c) the amount of time that has elapsed since
the person' s last criminal activity;
(d) the conduct and work activity of the
person prior to and following the
criminal activity;
(e) evidence of the person' s rehabilitation
�
or rehabilitative effort while
incarcerated or following release; an
(f) other evidence of the person ' s present
fitness, including letters of
recommendation from prosecution, law
enforcement, and correctional officers
who prosecuted, arrested, or had
custodial responsibility for the person;
the sheriff and chief of police in the
community where the person resides; and
any other persons in contact with the
convicted person.
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3. It shall be the responsibility of the
applicant to the extent possible to secure and
provide to the chief of police the recom-
mendations of the prosecution , law
enforcement, and correctional authorities as
required under this chapter.
4. The applicant shall also furnish proof in such
form as may be required by the chief of police
that he or she has maintained a record of ��
steady employment, has supported his or her
dependents per court order, has otherwise
maintained a record of good conduct and has k.:�,
paid all outstanding court costs, supervision
fees, fines , and restitution as may have been
ordered in all criminal cases in which he or
she has been convicted.
C. A denial of a permit applicant shall not prejudice
the right of an applicant to file a new application
after a six (6) month waiting period from the date
the application is denied. Any person whose permit
has been revoked shall not be eligible to apply for
another permit until one (1) year from the date of
expiration. "
Section 11 . That Chapter 26, Section 26-10 of the Grapevine
City Code is hereby amended to read as follows :
"Section 26-10. Notice and hearing.
A. Before denying an application for a permit or
before suspending or revoking any permit, the chief
of police shall in all cases set the matter for a
hearing and shall, at least ten (10) days before '"�'"
the date set for the hearing, notify in writing the
applicant or registrant of the charges made against �„�,
him or of the question to be determined, including
notice of when and where the hearing will be held.
B. The applicant or permittee is entitled to an
opportunity to be present and to be heard in person
or by counsel and to an opportunity to offer
evidence by oral testimony, by affidavit, or by
deposition.
C. Written notice may be served by delivery of the
notice personally to the applicant or permittee or
by mailing the notice by certified mail to the last
known mailing address of the applicant or
permittee.
D. The hearing must be conducted in a manner that will
give to the applicant or permittee due process of
law and that is consistent with the provisions of
the Administrative Procedure and Texas Register Act
(Texas Civil Statutes, Article 6252-13a) .
E. If, after a hearing, the chief of police determines '�"
that a permit should be denied, revoked, or
suspended, the applicant or permittee has thirty
(30) days in which to appeal the chief of police ' s tt-�
final order to the city manager. The city manager
may designate another officer or employee of the
City to hear the appeal . The decision of the city
manager shall be final . "
Section 12. That Chapter 26 of the Grapevine City Code is
hereby amended by the repeal of Sections 26-11 , 26-12, 26-13 , and
26-14.
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Section 13. That Chapter 26 of the Grapevine City Code is
hereby amended by amending Sections 26-15 through 26-29,
inclusive, which shall read as follows:
"Section 26-15 . Police tow truck service.
A. All operators of tow trucks which have received a
permit to operate within the corporate limits of
the City of Grapevine and desiring to be called for
� police tow truck service by the city police
department shall make application, in writing, to
the chief of police.
B. After application is made the chief of police shall
review the application submitted by each tow truck
operator and shall make a determination whether the
tow truck operator complies with all equipment and
other specifications and requirements set out in
this chapter. The chief of police shall notify all
applicants complying with the provisions of this
chapter that their name has been placed on the
approval list. Applicants not complying with the
provisions of this chapter shall be notified in
writing of the reasons for the rejection of their
application.
C. During the month of September of each year the tow
truck operators in the city desiring to have their
names retained or placed on the list authorizing
them to answer requests for police tow truck
service shall make such requests in writing to the
chief of police.
Section 26-16 . Police tow truck service; rotation
""�` list; rotating operators.
�r The police department shall maintain a tow truck
rotation list in alphabetical order which shall contain
the names and addresses of each tow truck operator who
complies with the provisions of this chapter in order
that said operator might be called upon for police tow
truck service. The police officer receiving a call at
police headquarters for tow truck service shall call
the first tow truck operator on the list to tow the
disabled vehicle or move the same from the public
street of the city. After the operator at the top of
the list receives a call then that name shall be placed
at the bottom of the list and the next operator shall
be moved to the top of the list and he shall receive
calls. This process shall be repeated until each
operator providing police tow truck service pursuant to
section 26-15 of this chapter has received calls . The
police department shall notify each tow truck operator
in sufficient time prior to his rendering said tow
truck service in order that the operator might
adequately provide the necessary persons and equipment
to answer said calls.
� Section 26-17. Police tow truck service, requirements
and duties.
`�"""'" A. All tow truck operators approved by the chief of
police and placed on the rotation list shall be
subject to and comply with the following
requirements:
l . The tow truck operator shall, as a condition
of being placed on the approved rotation list,
deposit with the city secretary a performance
bond in the amount of one thousand dollars
($1, 000 . 00) , or in the alternative, a cash
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bond supported by cash or cashier' s check in
the amount of one thousand dollars
($1, 000. 00) , to guarantee the performance of
the requirements of this chapter. The
performance bond shall be assured by a
reputable bonding company authorized to do
business and doing business in the State of
Texas.
2 . In the event a police tow truck operator is �R
requested to make a police tow truck call and
the operator agrees to make said call then
such operator shall proceed immediately to the b,,:�„
scene where he is directed and shall be given
a reasonable length of time in which to reach
said location. If the police tow truck
operator answering said call has not reached
said location within a reasonable length of
time, then the officer at the scene may
proceed to call the next police tow truck
operator on the list and that operator shall
have priority in that particular call. In the
event that the police tow truck operator
called fails to comply with the provisions of
this section by proceeding to the designated
place within the time specified above, then
this police tow truck operator shall be
removed from the top of the list and placed at
the bottom of the list. The police officer
shall file a written report of the tow truck
operator' s failure to respond to the call to
the chief of police. This section shall not
apply where the operator' s name at the top of
the list is called and he advises the officer
requesting the tow truck operator that he will "�'"`
be unable to make said call, nor will it apply
where there has been a delay caused by some �,��
act or commission of another person other than
the tow truck operator or his employees or by
an act of God.
3. Unless otherwise directed by the police
officer at the scene, the police tow truck
operator shall tow all wrecked vehicles to the
city car pound or other location as instructed
by the police officer.
4 . All drivers for such police tow truck service
shall be required to register with the chief
of police and a driver ' s license report from
the department of public safety shall be
requested.
5. Each police tow truck operator shall provide
twenty-four (24) hour service, including
Sundays and holidays, and each shall have
available for the performance of the towing
services the following equipment:
�
(a) Al1 that equipment required by section
26-8 of this chapter.
�:.�«
(b) A minimum of two (2) tow trucks on a one
(1) ton chassis, with a power driven
crane, a lifting capacity of at least ten
thousand (10, 000) pounds.
(c) One (1) heavy-duty tow truck on a two (2)
to three (3) ton chassis with a power
driven crane, and a lifting capacity of
at least twenty thousand (20, 000) pounds.
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6. Each police tow truck operator shall provide
the defense for, indemnify and hold harmless
the city, its officers, agents and employees
from any and all claims , suits , causes of
action or liability of any nature arising out
of the police tow truck operator ' s activities
conducted pursuant to this chapter. All
police tow truck operators shall be considered
independent contractors of the City.
7 . Where it becomes necessary in any manner to
disconnect, tamper with or damage the gears,
� emergency brake or any other part of a vehicle
before towing, the police tow truck operator
shall, on termination of the tow, repair or
put such vehicle back in its condition as it
existed at the time when the police tow truck
operator arrived at the scene.
8 . Upon receiving a complaint from any source
claiming damage to a vehicle or its contents
towed by a police tow truck operator, the
operator shall submit a written report to the
chief of police within twenty-four (24) hours
after receipt of such complaint. Such report
shall contain all facts pertinent to the claim
or the complaint presented.
9 . Al1 police tow truck operators shall maintain
a telephone, manned twenty-four (24) hours a
day, and sufficient personnel to perform all
obligations set forth in this chapter.
� 10 . Each police tow truck operator shall furnish
to the chief of police certain personnel data
in addition to that required by section 26-4
�� of this chapter, including fingerprints and
photographs of all tow truck drivers employed
by the operator.
11 . A police tow truck operator may charge the
following maximum fee for city towing
services:
(a) All average tows, including
motorcycles and motorscooters . . $40 . 00
(b) Wrecked vehicles . . . . . . . . $40. 00
(c) If driveline must be dropped to
tow vehicle, additional . . . . . $10. 00
(d) If necessary to change wheel and
tire, additional . . . . . . . . $10. 00
(e) Rolled over or upset vehicle . . $50 . 00
� (f) If dolly is needed to clear
vehicle for towing . . . . . . . $50. 00
(g) Roll over with dolly tow . . . . $60. 00
�
(h) If winch required, additional for
each fifty (50) foot of pull . . $20. 00
(i) Heavy-duty wrecker . . . . . . . $60 . 00
(j) An hourly rate of . . . . . . . . $45. 00
12 . At the option of the city, each police tow
truck operator shall furnish the following
additional services:
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(a) When directed by the chief of police, or
his duly authorized representative , the
police tow truck operator shall tow
vehicles which are parked in violation of
the law. Such vehicles will be towed to
the city pound or to any other location
which is chosen by the chief of police or
his duly authorized representative . For
such tows, the operator shall charge only
fees shown above . Vehicles with locked ��
steering mechanisms and wheels turned may
dolly the vehicle in order to tow, and a
dolly fee shall be charged. �,,�,
(b) Towing of city-owned vehicles :
i. Ten dollars ($10. 00) for a battery
jump or tire change.
ii. Charges for towing from the scene
of an accident to a delivery point
other than the city pound shall be
the same as charges for delivering
to the city pound. No transfer fee
will be allowed.
13 . Each police tow truck operator shall maintain
books and records reflecting his operations
hereunder in accordance with generally
accepted accounting principles, and as may be
specifically prescribed by the city finance
director. Such books and records , together
with any other documentation necessary for
verification of the police tow truck
operator ' s compliance with the term of this '�"'
chapter, shall be made available in said city,
on request, to said finance director or his ��
representatives.
14 , Each police tow truck operator shall pay to
the appropriate collection authority all
federal, state and local taxes and fees which
are now or may hereafter be imposed upon the
operator or the business conducted by the
operator, and shall maintain in current status
all federal, state and local licenses and
permits required for the operation of business
conducted by the operator.
15. Towing fees shall be collected by the city
pound upon the release of vehicles. Vehicles
towed to places other than the city pound will
be billed by mail. The city shall collect all
fees and pay the contractor on a per pull
basis.
16. During the course of the contract, should any
of the police tow truck operator ' s personnel
violate any of the rules and regulations as '"�"'
provided herein, said violation will be
grounds for cancellation of their permit.
, .�
(a) Police tow truck operators and other
personnel of the operator shall comply
with directions from police or firemen in
charge of the scene of an acGident. At
no time will they interfere with efforts
of the police or firemen.
(b) Police tow truck operators and other
personnel of the operator shall comply
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with orders of the chief of police or his
designated representative relating to the
tow of vehicles.
(c) At the time of tow, the police officer in
charge will furnish the tow truck
operator with an impound slip if the
vehicle is to be towed to the city pound.
The police tow truck operator shall
�* maintain one (1) copy of the impound slip
at the operator' s place of business.
,�, Section 26-18 . Fencing of yards.
All yards and storage areas for damaged or wrecked
vehicles which are towed in by the tow truck operators
shall be fenced in order to provide protection for the
vehicles in custody.
Section 26-19. Notice in case vehicle not claimed.
When a tow truck operator permitted under this
chapter has towed a vehicle and stored the same,
whether at the request of the police department or some
other individual, and has stored said vehicle and kept
the same for a period of ten (10) days, without having
been contacted by the owner or custodian of such
vehicle and secured the name of such owner or
custodian, then such operator shall notify the police
department that he is in possession of such vehicle and
by what authority he is holding the same in storage.
Section 26-20 . Police tow truck pull form.
°1�' A. The chief of police shall cause to be prepared a
form to be used for each pull involving a police
dispatched tow truck in the City of Grapevine.
Said form shall provide the following information:
1 . The name of the owner or driver of any wrecked
or disabled vehicle desiring the towing or
removing of the vehicle.
2 . The place to which the driver or other vehicle
occupant desires the vehicle to be taken.
3 . The name of tow truck operator towing the
vehicle and the name of the driver of the
wrecked vehicle .
4 . The description of the vehicle being towed.
5 . The signature of the driver or other vehicle
occupant, or in their absence or incapacity, a
police officer, authorizing the removal of the
vehicle and the towing of the vehicle to its
destination.
�
Section 26-21 . Dispatch procedures.
A. When a police officer investigating an accident or
""�"' vehicle disablement in the city determines that any
vehicle involved should be removed by a tow truck,
the officer shall first determine whether or not
the owner or his authorized representative has
already made arrangements for its removal . If no
arrangements have been made, the investigating
officer shall cause the following steps to be
taken, in sequence, to complete the police tow
truck pull form:
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1. The officer shall inquire if the driver or
other vehicle occupant has a specific place to
which he desires the vehicle removed.
2 . The officer shall inquire if the driver or
other vehicle occupant has a particular tow
truck service that he wishes to be called to
the scene to remove said vehicle.
3 . The officer shall then notify police *�+
headquarters of the information contained in
1 , and 2 . above and direct that the tow truck
operator requested by the driver or other ��:�„
vehicle occupant proceed immediately to the
scene of the accident. Calls involving long
distance charges shall be made by the driver
or other occupant, not by the police
department.
4 . If for any reason, no tow truck operator is
selected, the officer shall notify
headquarters and the dispatcher shall direct
the police tow truck operator to go to the
scene and remove the vehicle.
5 . If the police tow truck is used, upon the
police tow truck operator ' s arrival at the
scene, the officer shall complete the police
tow truck pull form. One copy of the police
tow truck pull form shall be left with the
driver or other vehicle occupant, the second
copy shall be given to the tow truck operator,
and the third shall be kept on file in the
office of the chief of police.
�w,
6 . In the event that a tow truck does not arrive
at the scene of an accident or vehicle ��
disablement within a reasonable time after
being notified, the police officer at the
scene may notify police headquarters that the
police tow truck operator be notified to
respond.
7. In the event that the police tow truck
operator does not respond within a reasonable
time, the police officer at the scene shall
notify police headquarters and the dispatcher
shall direct another police tow truck
operator, permitted to operate within the
city, to respond and remove the vehicle. Such
requests to tow truck operator shall be on a
rotational basis as established by
section 26-16 of this chapter.
8 . If a tow truck operator on rotation does not
have the required equipment available, the
dispatcher may call another source.
Section 26-22 . Police pulls authorized. '"""""
A. A police officer is hereby authorized to move a
vehicle, require the driver or other person in � �
charge of a vehicle to move the same or have the
vehicle removed by the police tow truck operator to
the city pound under the circumstances hereinafter
enumerated.
1. When any vehicle is left unattended upon any
bridge, viaduct or causeway, or in any tunnel
where such vehicle constitutes an obstruction
to traffic;
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2. When any vehicle is otherwise legally parked
so as to block the entrance to any private
driveway and it is impracticable to move the
vehicle from in front of the driveway to
another point on the street;
3 . When any vehicle is found upon a street and a
report has been previously made that the
vehicle has been stolen or a complaint has
�" been filed and a warrant thereon issued
charging that such vehicle has been embezzled;
�,,, 4. When an officer has reasonable grounds to
believe that any vehicle has been abandoned;
5. When a vehicle upon a street is so wrecked or
disabled that its normal operation is
impossible or impractical and the person or
persons in charge of the vehicle are
incapacitated by reason of physical injury or
other reason to such extent as to unable to
provide for its removal or custody, or are not
in the immediate vicinity of the wrecked or
disabled vehicle;
6. When an officer arrests any person driving or
in command of a vehicle for an alleged offense
and such officer is by this Code or other law
required to take the person arrested
immediately before a magistrate;
7 . Whenever any police officer of the City of
Grapevine finds a vehicle standing upon a
� street, public, or private property in
violation of federal or state law or local
ordinance.
�
B. Any police officer of the City of Grapevine is
hereby authorized to move or have removed by the
police tow truck operator any vehicle parked or
standing in or on any portion of a street, when, in
the opinion of the said member of the Grapevine
police department, the vehicle constitutes a
hazard, or interferes with a normal function of a
government agency, or by reason of any catastrophe,
emergency or unusual circumstance the safety of the
vehicle, other property or individual is imperiled.
C. When a police pull is made in accordance with A.
above, the police officer shall notify police
headquarters of the circumstances and request the
police tow truck operator be called and directed to
the scene to remove the vehicle, when appropriate.
On such occasion, the police officer shall complete
the police tow truck pull form, except for the
signature of the owner of the vehicle, and shall
show on the space provided for the signature of the
� owner that the vehicle has been pulled at the
officer' s request and shall sign his own name.
The officer shall also note at the top of the card
the reason for removal of the vehicle. In such
�"""' instances of the third copy of the tow truck pull
form should be handed to or mailed to the owner of
the vehicle.
Section 26-23. Debris at accident scene to be removed.
Each tow truck called to the scene of an accident
by any person shall completely remove from the street
all resulting wreckage or debris, including all broken
glass, before leaving the scene, unless otherwise
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directed by a police officer, representative of the
Texas Department of Highways , or , in the case of
hazardous materials, the Texas Water Commission.
Resulting wreckage or debris does not include the
vehicle' s load or cargo.
Section 26-24. No tow truck at scene unless called by
owner, representative of owner, or
police.
.�,,
No tow truck shall arrive at the scene of an
accident within the City of Grapevine unless such tow
truck has been called to the scene by the owner of the �,�„
vehicle or his authorized representative or by the
Grapevine police department. Each tow truck operator,
when called by the owner of a vehicle or his authorized
representative, shall notify the police dispatcher
before proceeding to the scene of the vehicle.
Section 26-25. Solicitation of towing business
prohibited.
No person shall solicit any towing business in any
manner, directly or indirectly, on the streets of
Grapevine at the scene of a wrecked or disabled
vehicle, regardless of whether the solicitation is for
the purpose of soliciting business of towing,
repairing, wrecking, storing, trading or purchasing the
vehicle. The presence of any person engaged in the
towing business who has not been notified by the owner
of the wrecked or disabled vehicle, the owner' s
representative, or occupant of the vehicle or by the
police dispatcher pursuant to section 26-16, section
26-17 or section 26-21 of this chapter, on any street
at the accident scene or place of disablement shall be """�'
prima facie evidence of a solicitation and violation of
this section. _
Section 26-26 . City employee not to recommend tow
truck.
No employee of the City of Grapevine shall
recommend to any person, directly or indirectly either
by word, gesture, sign or otherwise, the name of any
particular tow truck operator.
Section 26-27 . Coverage of off-street vehicles .
The prohibitions and requirements of this chapter
shall apply to all accidents and vehicle disablements
regardless of whether or not the final resting place of
a vehilce is upon a street immediately after the
accident or disablement.
Section 26-28 . Pushing or towing vehicles excepted
from prohibitions of chapter in certain
instances.
Vehicles may be pushed or towed by another vehicle �"`
only when they do not reasonably require removal by a
tow truck and only when such may be done in a safe
manner so as not to endanger people or property. Such � ��
removal is exempted from the provisions of this chapter
except section 26-25 .
Section 26-29. Use of radio on city frequency.
Any tow truck owner, operator, or agent thereof who
uses a radio which transmits and receives on any city
frequency shall not use the radio for any transmissions
other than when authorized by a Grapevine police
department dispatcher or officer to make a police pull
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or to notify the police department of criminal activity
or emergencies . Disclosure of any information received
by monitoring of this frequency to any but authorized
personnel is a violation of the Federal Communications
Commission rules and this chapter. "
Section 14 . If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
any person or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance;
and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 15. Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Five
Hundred Dollars ($500. 00) for each offense and a separate offense
shall be deemed committee upon each day during or on which an
offense occurs or continues.
Section 16 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly safeguard the health, safety, morals, peace, and general
welfare of the public creates an emergency which requires that
this ordinance become effective from and after the date of its
passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2nd day of February , 1988 .
�,�
APPROVED:
v�,..h,
Mayor
ATTEST:
it Secretar
APPROVED AS TO FORM:
(����
.�--(�����2��A.�-�/�
City Attorney
�
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