HomeMy WebLinkAboutORD 2004-029 ORDINANCE NO. 2004-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE
CODE OF ORDINANCES BY AMENDING CHAPTER 26 OF
THE CODE OF ORDINANCES, TOW TRUCKS AND
TOWING SERVICE; REPEALING CONFLICTING
ORDINANCES; 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 EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized under law to regulate the
provision of non-consensual towing of vehicles within the City Limits of Grapevine; and
WHEREAS, the City of Grapevine City Council previously adopted Chapter 26 of
the Code of Ordinances, regulating tow trucks and towing services; and
� WHEREAS, the City Council previously determined that the current permitting
process for tow trucks and wreckers is insufficient to allow for the proper examination
and screening of permit applicants; and
WHEREAS, the City Council adopted a moratorium barring any permits or
applications for tow truck/wrecker permits until such time as Chapter 26 of the Code of
Ordinances is amended to provide for a more thorough review and screening process
for such applications; and
WHEREAS, the City of Grapevine City Council has determined a necessity to
amend and replace Chapter 26 in its entirety; and
WHEREAS, the purpose of the amendments to Chapter 26 is to enhance the
protection of the public's health, safety, and welfare, by, among other things, providing
for background and screening checks for tow operators in the City; and
WHEREAS, the City of Grapevine City Council deems the passage of this
ordinance to be in the best interests of the public.
, � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
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Section 1. That all matters stated hereinabove are found to be true and correct
f and are incorporated herein by reference as if copied in their entirety.
� � Section 2. That Chapter 26, of the Grapevine Code of Ordinances, Tow
Trucks and Towing Service, is hereby amended in its entirety and replaced with the
attached Exhibit "A".
Section 3. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect,
provided, however, that the ordinance or ordinances under which the cases currently
filed and pending in the Municipal Court of the City of Grapevine, Texas shall be
deemed repealed only when all such cases filed and pending under such ordinance or
ordinances have been disposed of by a final conviction or a finding of not guilty, nolo
contendere, or dismissal.
Section 4. That any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction in the
Municipal Court, shall be fined in an amount not to exceed the sum of Five Hundred
Dollars ($500.00) for each offense and a separate offense shall be deemed committed
each day during or on which an offense occurs or continues.
Section 5. If any section, article, paragraph, sentence, clause, phrase or word
in the ordinance, or application thereto any person or circumstance 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 this ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 6. The fact that the present ordinances and regulations of the City of
Grapevine, Texas do not adequately regulate the traffic within the City creates an
emergency and the preservation of the public health, safety, and welfare requires that
this ordinance take effect immediately from and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of May, 2004.
APPROVED:
William D. ate �
Mayor
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ORD. NO. zoo4-zs 2
� ATTEST:
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�
Lind Huff
City Secretary
APPROVED AS TO FORM:
r
o n . oy e, r.
City Attorney
ORD. NO. 2oo4-2s 3
EXMIBIT 1L� TO Oo -
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Exhibit "A"
Chapter 26 TOW TRUCKS AND TOWING SERVICE
Sec. 26-1. Definitions.
For the purpose of this chapter, the following words shall be as defined herein below:
Abandoned motor vehicle means a motor vehicle that:
(a) is inoperable, is more than five (5) years old, and has been left unattended
on public property for more than 48 hours;
(b) has remained illegally on public property for more than 48 hours;
(c) has remained on private property without the consent of the owner or
person in charge of the property for more than 48 hours;
(d) has been left unattended on the right-of-way of a designated county, state,
or federal highway for more than 48 hours; or
(e) has been left unattended for more than 24 hours on the right-of-way of a
turnpike constructed and maintained by the Texas Turnpike Authority or a
controlled access highway.
Chief of Police means the Chief of the City of Grapevine Police Department.
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.
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 break-downs, 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.
Motor vehicle means a vehicle subject to registration under Texas Transportation Code
Section 502.001(13) or any other device designed to be self-propelled or transported on
a public highway.
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.
Operate means using a tow truck to tow, winch or otherwise move a motor vehicle.
Operator means any person operating a tow truck, regardless of whether the person
owns the truck.
` ` Operator Permit means a specific identification card authorized by the City of Grapevine
and issued to individual tow truck drivers employed by permitted tow truck businesses
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contracted to perform Police Department tows. An operator permit is the property of the
City of Grapevine and may be suspended or revoked at any time.
- Permittee means a person authorized by permit to operate a tow truck within the
corporate limits of the city.
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.
Person means an individual, partnership, joint venture, association, corporation, or any
other entity recognized in law.
Police Department Tow means any tow, consent or non-consent, which is performed at
the direction of the Police Department.
Street means any street, alley, avenue, land or highway within the corporate limits of the
City of Grapevine.
Tow truck means a motor vehicle or mechanical device adapted or used to tow, winch
or otherwise move disabled motor vehicles.
Tow truck owner means a person engaged in the business of using a tow truck to tow,
winch, or otherwise move a motor vehicle.
Sec. 26-2. Permits.
(a) No person operating tow trucks within the city, or whose principal place of
business is located within the city, or persons performing nonconsent tows
within the city shall;
(1) d rive,
(2) operate,
(3) cause to be driven or operated, or
(4) 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
transferable.
(c) Each permit expires at midnight on the 31 st day of January of each year.
(d) A permit allows the specific tow truck to be operated for compensation
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within the city.
(e) The permit shall be kept in the tow truck at all times.
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Sec. 26-3. Exceptions.
This chapter shall not apply to any person or tow truck performing non-police
department consent tows within the city, unless such person has a principal place of
business within the city.
Sec. 26-4 Authorization for wrecker service selection.
The City Manager, or designee, is authorized to contract with one (1) or more operators
of wrecker service companies to provide such service at no cost to the city on such
terms as he may deem advisable.
Sec. 26-5. Application process.
(a) A person desiring to operate a tow truck service for the purpose of
conducting Police Department tows shall file a written application with the
Chief of Police on a form provided by the Chief of Police for that purpose.
A certificate of insurance and the required fees shall accompany the
written application form. The application must be signed by the truck's
owner or the owner's authorized agent. Applications will only be accepted
if the need for Police Department Tow service exceeds the capability of
existing contracted service operators.
(b) The following information is required in the initial or renewal application:
(1) The name, date of birth and address of the applicant; if a
partnership, the name, date of birth and address of each general
and limited partner and the designation of all general partners; if a
corporation, its name date and place of incorporation, the address
of its principal place of business, the names and addresses of all
officers, directors and its registered agent, and a certified copy of its
permit to do business in the state.
(2) Year, make and model of each vehicle;
(3) Vehicle identification number of each vehicle;
(4) Vehicle certificate of title number for each vehicle;
(5) Empty weight of each vehicle;
(6) Gross weight of each vehicle;
(7) Carrying capacity of each vehicle; �
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(8) Current Texas license plate number of each vehicle;
(9) Sales tax identification number, if applicable;
(10) Valid motor vehicle inspection certificate;
(11) Valid motor vehicle registration certificate; and
(12) Two photographs of each tow truck, one of each side, showing the
identification required by these sections.
(c) 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.
(d) 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.
(e) Annual renewal applications may be submitted between November 1 and
December 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.
(f) If a tow truck owner fails to apply for a renewal permit prior to December
31, the owner must then comply with the requirements for an initial permit.
(g) The applicant shall provide at the time of application a list of all tow truck
operators employed or acting as agents for the applicant. The operator
list shall contain the operator's date of birth, social security number,
address and copy of a valid driver's license.
(h) No operator shall perform Police Department tows without having first
obtained a valid Operator Permit issued by the City of Grapevine. The
operator will be required to possess a valid Texas Driver's License of
sufficient class to legally operate the appropriate class of wrecker. The
operator shall be required to display their Operator Permit while
performing police department tows for the City of Grapevine.
(i) The Chief of Police may suspend or revoke an existing operator permit or
deny an operator permit because of a person's arrest or conviction of a
� ` crime, felony probation revocation, revocation of parole, or revocation of
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mandatory supervision. The operator shall be required to notify in writing
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the Chief of Police any arrest within five (5) business days of that arrest or
release from custody. Failure by the operator to notify the Chief of Police
may result in the suspension or revocation of the operator permit. If the
� permittee has knowledge of an operator's arrest and fails to notify the
Chief of Police in writing within five (5) business days of obtaining that
knowledge, the tow permit may be suspended or revoked.
(j) Upon denial, suspension or revocation of an operator permit the applicant
or permittee may request in writing a hearing on the suspension,
revocation or denial. A request for hearing shall be made to the Chief of
Police within ten (10) days of notice of denial, suspension or revocation. If
no written request for hearing is made, the denial, suspension or
revocation shall become final without appeal.
Sec. 26-6. Insurance.
(a) An applicant shall procure and keep in full force and effect all insurance
policies required by state law and 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 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 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.
(d) 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.
(e) 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
governmental function.
Sec. 26-7. Permit fee.
`N � (a) Application and permit fees shall be outlined in Attachment "A".
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(b) The application fee for an initial Police Department Tow Service permit is
due at the time of application.
(c) T.he operator permit fee under this chapter shall be charged for each
operator annually. In addition to the operator permit fee, each operator
applicant shall pay an annual fee to cover the cost of conducting a criminal
background check on the applicant, in an amount to be determined by the
city manager, or his designee.
(d) All fees are nonrefundable.
(e) A late fee will be charged, if the completed renewal operator permit
application is not filed by December 31 of each year.
(f) A fee will be charged for issuance of a duplicate Police Department Tow
Service Permit.
(g) A fee will be charged for issuance of a duplicate operator permit.
Sec. 26-8. Powers and duties of Chief of Police.
The Chief of Police shall:
(1) Adopt and enforce written rules and regulations for tow trucks, where
, necessary to implement this chapter;
(2) Administer and enforce all provisions of this chapter;
(3) Keep records of all applications for which permits have been issued,
suspended or revoked;
(4) Conduct, where appropriate, inspections of permittees, their premises and
equipment;
(5) Suspend, revoke, deny and reissue permits where required.
Sec. 26-9. Equipment
Each participating tow truck shall be equipped with all equipment and materials
specified and required under state law as well as all equipment required for the removal
of wreckage debris and fluids as required by this ordinance. Each participating tow
truck is subject to inspection at any time by any officer of the Grapevine Police
Department.
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Sec. 26-10. Denial; suspension, revocation.
(a) The Chief of Police shall deny, suspend or revoke a permit issued under
° this chapter, if the Chief of Police determines that:
(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; or
(3) The tow truck owner or operator violated any terms or provisions of
this chapter or City of Grapevine Wrecker Contract; or
(4) The current number of permittees is sufficient to provide an
adequate level of service to the City; or
(5) The issuance of additional permits would either degrade the quality
of service provided as a result of dilution or would unduly impact
City streets and infrastructure as a result of increased traffic by tow
vehicles.
(b) The Chief of Police may suspend or revoke an existing permit or disqualify
a person from receiving a permit because of a person's arrest or
conviction of a crime, felony probation revocation, revocation of parole, or
revocation of mandatory supervision. The permitee shall be required to
notify in writing the Chief of Police any arrest within five (5) business days
of that arrest or release from custody. Failure by the permitee to notify the
Chief of Police may result in the suspension or revocation of the permit.
(c) A denial of a permit applicant shall not prejudice the right of an applicant
to file a new application after a six-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 year from the date of
revocation.
(d) Upon denial, suspension or revocation of a permit the applicant or
permittee may request in writing a hearing on the suspension, revocation
or denial. A request for hearing shall be made to the Chief of Police within
five (5) days of notice of denial, suspension or revocation. If no written
request for hearing is made, the denial, suspension or revocation shall
become final without appeal.
Sec. 26-11. Notice and hearing.
(a) Upon receipt of request for a hearing, the Chief of Police shall in all cases
set the matter for a hearing and shall, at least five (5) business days
before the date set for the hearing, notify in writing the applicant or
` registrant of the reasons for the suspension, revocation or denial,
including notice of when and where the hearing will be held.
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(b) The applicant or permittee is entitled to an opportunity 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 Act (V.T.C.A., Government Code §
2001.001 et seq.).
(e) If, after a hearing, the Chief of Police makes final determination that a
permit should be denied, revoked or suspended, the applicant or permittee
has five (5) business days in which to appeal the Chief of Police's 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.
Secs. 26-12--26-15. Reserved.
Sec. 26-16. Police Department Non-consent Tow
(a) Any Grapevine police officer is hereby authorized to move or have
removed by a wrecker company under contract to the city for such service
any vehicle parked or standing in or on any portion of a street when, in the
opinion of the said officer 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, or other property or individual is
imperiled.
(b) When a police officer has investigated an accident and determined that
any vehicle which has been involved in a collision or accident on a public
street is unable to proceed safely under its own power, blocks the
roadway, endangers public safety or when the owner thereof is physically
unable to drive such vehicle, such officer shall cause a wrecker company
under contract to the city for such service to be summoned to provide
such service.
(c) When an officer arrests any person driving or in command of a vehicle and
it is necessary to tow or impound the vehicle, the officer shall cause a
` wrecker company under contract to the city for such service to be
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summoned to provide such service.
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° Sec. 26-17-26.22 Reserved
Sec. 26-23. Debris at accident scene to be removed.
Each tow truck cailed 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 directed by a police officer, representative of
the Texas Department of Highways, or in the case of hazardous materials, the
Grapevine Fire Department. Resulting wreckage or debris may not include the vehicle's
load or cargo if heavy equipment is required to remove such wreckage or debris.
Sec. 26-24. No tow truck at scene unless called by owner, representative of owner or
police.
No tow truck shall respond to 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.
Sec. 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
Grapevine Police Department on any street at the accident scene or place of
disablement shall be prima facie evidence of a solicitation and violation of this section.
Sec. 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.
Sec. 26-27. Applicability.
The prohibitions and requirements of this chapter shall apply to all accidents, vehicle
disablements and arrests, regardless of whether or not the final resting place of a
vehicle is upon a street immediately after the accident, disablement or arrest.
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Sec. 26-28. Pushing or towing vehicles exempted 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.
Sec. 26-29. Reserved
Sec. 26-30. Penalty for violation of chapter.
Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in a sum not to exceed
$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.
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Attachment "A"
�- Tow Service Fee Schedule
Police Department Tow Permit
Application Fee $125.00 per wrecker
Operator Permit Fee $20.00 per operator
Operator Permit Late Fee $20.00
Duplicate Police Department Tow
Permit Fee $25.00
Duplicate Operator Permit Fee $20.00
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