HomeMy WebLinkAboutItem 07 - Tow Trucks and Towing ServiceMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM #
HONORABLE MAYOR AND MEMBER§ OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
MAY 18, 2004
CITY ORDINANCE AMENDING CHAPTER 26 OF THE CODE
OF ORDINANCES — TOW TRUCKS AND TOWING SERVICE
City Council to consider an ordinance amending the Grapevine Code of Ordinances by
amending Chapter 26 of the Code of Ordinances, Tow Trucks and Towing Service.
FUNDING SOURCE:
Not Applicable.
BACKGROUND:
The Grapevine Police Department conducted a review of the City of Grapevine Code of
Ordinances Chapter 26 addressing tow truck service. It was determined that
deficiencies existed and sections were out of compliance with State law. The City
Attorney drafted an ordinance issuing a moratorium on the issuance, acceptance or
approval of any permits, or applications for tow truck operators until April 30, 2004 at
11:59pm. The moratorium was extended until May 30, 2004 at 11:59pm.
It was determined that it was necessary to amend and replace Chapter 26 in its entirety.
The purpose of these amendments is to bring the ordinance into compliance with
legislative updates, enhance the protection of the public's health, safety, and welfare by
providing for background and screening checks for tow operators in the City, establish a
tow service permit fee schedule, authorize the City Manager or designee to contract for
wrecker service and establish performance standards.
Staff recommends approval.
ES/kmm
May 13, 2004 (8:27AM)
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 TWO HUNDRED DOLLARS
($200.00) 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:
Section 1. That all matters stated hereinabove are found to be true and correct
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 Two Hundred
Dollars ($200.00) 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.
ORD. NO. 2
0 ATTEST:
UKAFT
Exhibit "I"
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: 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
fie) 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: the Chief of the City of Grapevine Police Department.
Consent tow: 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: 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: 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: 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: using a tow truck to tow, winch or otherwise move a motor vehicle.
Operator: any person operating a tow truck, regardless of whether the person owns the
truck.
Page I
Operator Permit: a specific identification card authorized by the City of Grapevine and
issued to individual tow truck drivers employed by permitted tow truck businesses
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: a person authorized by permit to operate a tow truck within the corporate
limits of the city.
Person: an individual, partnership, joint venture, association, corporation, or any other
entity recognized in law.
Police Department Tow: any tow, consent or non -consent, which is performed at the
direction of the Police Department.
Police Department Tow Service Permit: 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.
Street: any street, alley, avenue, land or highway within the corporate limits of the City
of Grapevine.
Tow truck: a motor vehicle or mechanical device adapted or used to tow, winch or
otherwise move disabled motor vehicles.
Tow truck owner: 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) drive,
(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 Police Department Tow Service Permit.
Permits are not assignable or transferable.
(c) Each Police Department Tow Service Permit and each Operator Permit
expires at midnight on the 31 st day of January of each year.
Page 2
(d) A Police Department Tow Service Permit allows the specific tow truck to be
operated for compensation within the city.
(e) The Police Department Tow Service Permit shall be kept in the tow truck at
all times.
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;
Page 3
(5) Empty weight of each vehicle;
(6) Gross weight of each vehicle;
(7) Carrying capacity of each vehicle;
(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 Police Department Tow Service Permit will be from
February 1 through January 31.
(f) If a tow truck owner fails to apply for a renewal Police Department Tow
Service permit prior to December 31, the owner must then comply with the
requirements for an initial Police Department Tow Service 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
Page 4
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 mandatory
supervision. The operator 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 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 Police Department Tow Service 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 Police Department Tow Service 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.
Page 5
AV)
Sec. 26-7. Permit fee.
(a) Application and permit fees shall be outlined in Attachment A.
(b) The application fee for an initial Police Department Tow Service Permit is
due at the time of application.
(c) The 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.
Page 6
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.
Sec. 26-14. 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.
Page 7
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.
(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.
Page 8
(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 summoned to provide
such service.
Sec. 26-17-26.22 Reserved
Sec. 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 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.
Page 9
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.
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.
Page 10
Tow Service Permit Fee Schedule
Police Department Tow Service Permit
Application Fee
Operator Permit Fee
Operator Permit Late Fee
Duplicate Police Department Tow Permit Fee
Duplicate Operator Permit Fee
Page u
$125.0Oper wrecker
$20.00 per operator
$20.00
$25.00
$20.00
Attachment