HomeMy Public PortalAboutOrdinance No. 1291-15 03-17-2015ORDINANCE NO. 1291-15
AN ORDINANCE AMENDING CHAPTER 50 "LAW ENFORCEMENT"
OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS
BY AMENDING ARTICLE IV "VEHICLE WRECKER SERVICE;"
PROVIDING FOR SAFETY-RELATED REGULATIONS OF TOW-
TRUCK AND WRECKER OPERATIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the City Council finds that regulation of vehicle towing is necessary for the
purpose of promoting safety by preventing the unexpected loss of the use of one's vehicle, except
in those instances wherein the owner or operator of the vehicle has been put on notice through
signs of the likelihood of the involuntary tow of the vehicle; and
WHEREAS, the City Council has previously adopted safety-related regulations
governing vehicle towing and has determined that those regulations should be amended as set out
herein; and
WHEREAS, the City Council finds that regulation of operators of vehicle towing is
necessary for the purpose of promoting safety by protecting vehicle owners from towing
mistakes and the outright theft of vehicles, by preventing severe congestion and interference with
police and ambulance at accident scenes, and to expedite the recovery of nonconsensual towed
vehicles to restore safe transportation to the owner or operator; and
WHEREAS, the City Council believes that the proposed safety-regulations governing
persons performing nonconsensual tows would promote the public safety in the City by limiting
the number of false auto theft reports processed by the police department, thereby allowing the
police to devote more time to responding to more critical public safety situations; and
WHEREAS, the City Council finds that regulation of vehicle towing is necessary for the
purpose of promoting safety by implementing regulations to limit the practice of "chasing" in the
City and also to limit, to the extent possible, the likelihood of violent or confrontational
encounters between tow-truck operators and vehicle owners or operators; and
WHEREAS, the City Council desires to implement the recommendations of City staff to
provide for contracting for police towing and to establish requirements for signs for non-consent
tows, in addition to those required by the Texas Occupations Code; and
WHEREAS, the City of Richland Hills, Texas deems it necessary and proper and in the
best interests of the health, safety, and general welfare of its citizenry to amend the provisions
regulating towing services in the City, all of which are related to the goal of increasing safety in
the City of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
Article IV "Vehicle Wrecker Service" of Chapter 50, "Law Enforcement" of the Code of
Ordinances, City of Richland Hills is hereby amended to read as follows:
"ARTICLE IV. -VEHICLE WRECKER SERVICE
Sec. 50-151. -Definitions.
In this article, the following words shall have the meanings ascribed to them below:
Accident means any occurrence that renders a vehicle wrecked or disabled.
City means the City of Richland Hills, Texas.
Chief of Police means the Chief of Police of the City of Richland Hills, or the Chief s designated
representative.
Consent tow means the towing of a vehicle at the request of the owner or operator.
Disabled vehicle means a motor vehicle that has been rendered unsafe to be driven as the result
of some occurrence, including, but not limited to, mechanical failure or breakdown, fire or
vandalism, or a motor vehicle that is in a safe driving condition but whose owner or operator is
not present, able or permitted to drive, so as to reasonably necessitate that the vehicle be
removed by a wrecker.
Motor vehicle means every vehicle which is self-propelled.
Non-consent tow means the towing of a vehicle without the prior knowledge and consent of the
owner or operator of said vehicle.
Non-resident wrecker operator means a wrecker or tow-truck operator registered with the State
of Texas, who does not maintain a place of business within the corporate limits of the City of
Richland Hills.
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Parking facility means public or private property used, wholly or partly, for restricted or paid
parking. The term includes:
(1) A restricted space on a portion of an otherwise unrestricted parking facility; and
(2) A commercial parking lot, parking garage, and a parking area serving or adjacent
to a business, church, school, home that charges a fee for parking, apartment
complex, property governed by a property owners' association, or government-
owned property leased to a private person, including:
(a) A portion of the right-of--way of a public roadway that is leased by a
governmental entity to the parking facility owner; and
(b) The area between the facility's property line abutting a county or
municipal public roadway and the center line of the roadway's drainage
way or curb of the roadway, whichever is further from the facility's
property line.
Person means an individual, firm, partnership, association, corporation, company or organization
of any kind.
Police non-consent tow means the towing of a vehicle at the request of the police department of
the City without the prior knowledge and consent of the owner or operator of said vehicle.
Examples include, but are not limited to, vehicles towed when the driver is incapacitated
following an accident, vehicles towed when the driver has been arrested, vehicles removed from
public property without prior notification of the vehicle owner, and seizures.
Private non-consent tow means the towing of a vehicle at the request of a private property or
parking facility owner without the prior knowledge and consent of the owner or operator of said
vehicle.
Tow-truck operator means a person engaged in the business of using a wrecker to tow, winch or
otherwise move a motor vehicle.
Towing company or wrecker service company means an individual, association, corporation, or
other legal entity that controls, operates, or directs the operation of one or more tow-trucks over a
public roadway in this State, but does not include a political subdivision of the State.
Vehicle means every mechanical device in, upon or by which any person or property is or maybe
transported or drawn upon a public highway, except devices moved by human power or used
exclusively upon stationary rails or tracks.
Vehicle storage facility means a garage, parking lot, or other facility that is:
(1) owned by a person other than a governmental entity;
(2) used to store or park at least 10 vehicles each year; and
(3) that is operated by a person who holds a license issued under Texas Occupations
Code Chapter 2303 to operate the facility.
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Wrecked vehicle means a discarded, abandoned, junked, wrecked or worn out motor vehicle that
is not in a condition to be lawfully operated on a public road.
Wrecker means a vehicle designed to be used primarily for removing wrecked or disabled
vehicles, which is equipped with a mechanical device used to tow, winch, or otherwise move a
vehicle, and which charges a fee for its services.
Wrecker operator means a person engaged in the business of using a wrecker to tow, winch or
otherwise move a motor vehicle.
Sec. 50-152. -Requirements.
(1) No person shall drive, operate or cause to be operated, nor shall any person
employ, permit or allow another to drive, operate or cause to be operated, any
tow-truck over any street in the City for the purpose of removing, moving or
towing of any vehicle without first being properly licensed, insured and equipped
in accordance with State law and the Texas Department of Licensing and
Regulation regulations.
(2) A person commits an offense if the person operates or employs another to drive,
or operate any wrecker over any street in the City for the purpose of engaging in a
non-consent tow, except as provided by this Article.
(3) It is an affirmative defense to prosecution of a violation under this Article that the
person is engaging m:
(a) The transportation of a vehicle by anon-resident wrecker operator from
some point outside the City to some destination within the City;
(b) The transportation of a vehicle by anon-resident wrecker operator from
some point outside the City and traversing the City to some other
destination outside of the City.
(4) All tow-trucks originating a consent tow within the City must comply with the
licensing and equipment regulations and adhere to the specific tow-truck
classifications for the specific use of that tow-truck as set forth in State law and
the Texas Department of Licensing and Regulation regulations.
Sec. 50-153. -Wrecker service contract authorized.
(1) The City shall have the right to contract with one or more wrecker service
companies for all police non-consent tows in the City, for the towing of City
owned vehicles, or for the towing of any vehicle made necessary in the exercise
of City's police and governmental functions, and to store or impound such
vehicles on the parking facility of such wrecker service company. The following
provisions shall apply with regard to any wrecker service contracts entered into by
the City.
(2) The City will first attempt to utilize the wrecker service company with whom the
City has entered into a contract on all non-consent tows. If the City has contracted
with more than one company, the City will follow the contractual provisions or, in
the absence of any governing contractual provision, procedures established by the
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City Manager, to determine which contracted wrecker service company to utilize.
If no wrecker service company with whom the City has entered into a contract is
able to respond as required by the contract, the City may call any licensed
wrecker service company when there exists an emergency situation or when
deemed necessary by the Chief of Police or his or her authorized representative.
In all such cases, a report will be forwarded to the Chief of Police describing the
circumstances involving such use.
Sec. 50-154. -Permitted tows.
The towing of vehicles from public streets shall fall into one of two categories:
(1) Consent tow. The operator of the vehicle or its owner must request this tow-truck
service by name. This tow-truck service is not required to be on an approved
listing to tow, but must be properly licensed according to state law. An owner's
request (consent tow) may be used at the scene of an accident or on a vehicle that
is abandoned, unless the officer on the scene determines that the vehicle is
hazardous or that a time delay would endanger or hamper the general public's
safety, well-being, or the investigation. If the officer deems it necessary, a "police
non-consent tow" truck will be notified for immediate removal.
(2) Police non-consent tow. A police officer for the City is hereby authorized to move
a vehicle, require the operator or other person in charge of a vehicle to move the
same, or have the vehicle removed by the wrecker service company that the City
has a contract with under this Article to the nearest place of safety or to the
premises of said wrecker service company, under the following circumstance:
(a) When any vehicle is left unattended upon any bridge, viaduct or
causeway, or in any tunnel where such vehicle constitutes an obstruction
to traffic;
(b) When any vehicle is otherwise illegally parked so as to block the entrance
to any private driveway;
(c) When any vehicle is found upon a street and a report has been previously
made that the vehicle has been stolen, or there is reasonable grounds to
believe the vehicle is stolen;
(d) When an officer has reasonable grounds to believe the vehicle has been
abandoned;
(e) When a vehicle upon a street is wrecked or disabled and
(i) Because of the wreck or disability its normal operation is
impossible or impractical; or
(ii) The person or persons in charge of the vehicle are incapacitated by
reason of physical injury or other reason, to such extent as to be
unable to provide for its removal or custody or are not in the
immediate vicinity of the wrecked or disabled vehicle;
(f) When an officer arrests a person driving or in control of a vehicle for an
alleged offense and there is no other alternative to impoundment;
(g) When an officer finds a vehicle standing upon a street, or public or private
property in violation of any State law or City Ordinance;
(h) When the owner or operator consents;
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(i) When in the opinion of a police officer, said vehicle constitutes a hazard
or interferes with a normal function of a governmental agency;
(j) When any vehicle is found to be a Junk Vehicle, in accordance with the
City's Junk Vehicle Ordinance;
(k) When in the opinion of the police officer, the safety of said vehicle is
imperiled by reason of any catastrophe, emergency or unusual
circumstances;
(1) When the operator of a motor vehicle is requested to show proof of
financial responsibility upon that vehicle and, in the opinion of a police
officer, is unable to establish financial responsibility under Section
601.051 of the Texas Transportation Code;
(m) When the vehicle is being held in a criminal case as evidence or has been
seized for forfeiture in civil actions; and/or
(n) Where otherwise authorized bylaw.
Sec. 50-155. -Notification of police required prior to removal after accidents.
No damaged or inoperative motor vehicle or vehicle shall be removed by the owner or a
wrecker service company from the scene of a collision or vehicle accident without first notifying
the Richland Hills Police Department and receiving consent from the police department for
removal.
Sec. 50-156. -Prohibition of unsolicited tow-truck activity; recommendations by employees.
(1) No person shall drive a wrecker or tow-truck to or near the scene of an accident
within the City unless such tow-truck has been called to the scene by the owner of
a vehicle involved, or the vehicle owner's authorized representative, or by the
police department, or by the owner of private property on which the vehicle is
located. Each such tow-truck operator, when called directly by the vehicle owner
or his representative, shall notify the police department before proceeding to the
scene of the disabled vehicle at the accident scene.
(2) No employee of the City shall recommend to any person, directly or indirectly,
either by word or gesture, sign or otherwise, the name of any particular person or
firm engaged in the tow-truck business, nor shall any City employee influence or
attempt to influence, in any manner, a decision of a person in choosing or
selecting atow-truck service, company or operator.
Sec. 50-157. -Removal of wreckage and debris.
Each wrecker company called to the scene of an accident shall completely remove from
the street all resulting wreckage or debris, including all broken glass, before leaving the site, and
shall exercise reasonable caution in doing so. In the event such wreckage or debris cannot be
removed safely without police intervention, the wrecker operator shall notify the police
department and request such assistance as is necessary.
Sec. 50-158. -Repossession or recovery towing.
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Except as expressly permitted elsewhere in this Article, no person or firm shall operate a
tow-truck business in any manner, directly or indirectly, within the City limits for the purpose of
towing a vehicle without the direct and express consent of the owner of the vehicle being towed,
unless that tow-truck or company has made the proper notification as prescribed by law to the
police department, prior to the removal of the vehicle. Proper notification is deemed as the
location the vehicle is being removed from, removed by whom, removed to what location,
removed by whose authority, and a complete description of the vehicle, in a written manner on
the prescribed form at the police department.
Sec. 50-159. -Private non-consent towing; required signage.
(1) Contractual tow-trucks; private property towing; non-consent towing.
(a) A tow-truck service towing and/or a vehicle storage facility accepting a
non-consent towed vehicle towed from private property must report that
tow to the police department. The report must be made within thirty (30)
minutes of removing the vehicle, giving a general description of the
vehicle, the vehicle license plate number and issuing state, vehicle
identification number (VIN), location from which it was removed, where
it is stored, contact information of the vehicle storage facility, and of the
persons authorizing the vehicle to be removed.
(b) Any tow-truck operator or wrecker operator who performs anon-consent
tow in the City shall keep written records on each vehicle it tows as a non-
consent tow. These records shall contain:
(i) The year, make, model, color, correct license plate number, state
issuing the license, correct VIN of the vehicle, and the owner's or
operator's name if reasonably available;
(ii) The date, time and location from which the vehicle was towed, the
name of the person who authorized the tow, and the specific reason
for the tow;
(iii) The name of the tow-truck driver that towed the vehicle, and the
licensing number of the truck, along with the license plate number
of the truck that towed the vehicle; and
(iv) All amounts charged for the towing of such vehicle, and the
specific nature of each charge.
(v) Photographs or videos of each vehicle before it is towed,
demonstrating the condition of unauthorized parking, for example,
but not limited to, a vehicle parked in a handicapped parking space
without a permit, blocking a dumpster, blocking a vehicle in a
parking space, blocking an entrance or exit, and/or parking in a fire
lane or other violation.
(c) The tow-truck operator or wrecker operator, his agent or employee shall
make these records available for inspection and copying by the Chief of
Police or his or her designee upon his or her request, and the City shall
have access, upon request, to any books, documents, papers and records
for the purpose of making audit examinations during the operating hours
of the tow-truck operator.
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(d) Required records shall be kept under care and custody of the tow-truck
operator or wrecker operator for at least two (2) years from the date of the
tow.
(2) Parking facility signage and posting requirements.
(a) Every parking facility owner who causes or authorizes anon-consent tow
must post a sign in accordance with State law. In addition to the
requirements set forth in State law, each sign shall provide the name of the
person or firm authorized to tow vehicles from the parking facility; and
name and address of the vehicle storage facility the vehicle is removed to.
(b) Every parking facility owner who causes or authorizes anon-consent tow
must remove all signs upon the termination of the parking facility owner's
interest in the parking facility or upon the expiration of the parking facility
owner's non-consent tow contract.
(3) Proper notification. A facsimile transmission of the authorized police department
form shall be considered proper notification under both Section 50-158 and
subsection (a) above.
Sec 50 -160. Towing without specific authority prohibited.
(1) Regardless of any general contractual or "patrol account" arrangement which may
exist between atow-truck operator, wrecker operator, or towing company and a
parking facility owner, it is a violation of this Article to make anon-consent tow
of any vehicle without first securing a specific, written directive to tow such
vehicle signed by the owner of the parking facility or the owner's authorized
representative that is not atow-truck operator or wrecker operator. Such directive
must:
(a) Identify the vehicle to be towed by make, color, and license plate number.
(b) Identify the person signing the directive.
(c) State the location from which the vehicle is to be towed.
(d) State the date and time the directive is signed.
Sec. 50-161. -State regulation and towing charges for non-consent tows.
(1) The owner or operator of a towing company commits an offense if he charges a
fee in excess of the maximum fee for the applicable non-consent tow fee set by
State regulation.
(2) A towing company or vehicle storage facility operator may not charge any other
fee for anon-consent tow or service related to anon-consent tow except a towing
fee or a drop fee tow.
(3) If the owner, authorized operator, or authorized agent of the owner of a motor
vehicle that is subject to anon-consent tow attempts to retrieve the motor vehicle
before its removal from the property or parked location, the maximum amount
that may be charged for a drop fee (if the motor vehicle is hooked up) is the
maximum fee permitted by State regulation. Before its removal from the property,
the vehicle owner or operator has an absolute right to regain possession of the
vehicle by payment of the drop fee. In the event the owner or operator arrives to
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move the vehicle before the vehicle is fully hooked up, no drop fee may be
charged.
(4) The towing company and the vehicle storage facility must comply with State law
and the Texas Department of License and Regulation regulations as they pertain
to acceptable methods of payment. Notice of the methods of payment shall be
given by the towing company to the owner or operator of the vehicle towed if the
owner or operator is on sight at the time of the tow and by the vehicle storage
facility when the owner appears to claim the towed vehicle.
(5) This Section in no way prohibits tow-truck operators or wrecker operators from
charging fees of a lesser amount.
Sec. 50-162. Notice to vehicle owner or operator.
(1) Upon contact with the owner or operator of a vehicle which is the subject of a
non-consent tow, the towing company or a vehicle storage facility operator, or
any employee or agent, shall give written notice to the vehicle owner or operator
of the information required by this Section. If there is no person-to-person
contact, then this notice shall be mailed or faxed to the registered owner of the
vehicle.
(2) The intent of this Section is that the owner or operator of a vehicle that is the
subject of anon-consent tow receive written information from the towing
company or vehicle storage facility operator, in order to enhance the safety in a
potentially volatile situation and allow safe, prompt, legal and orderly vehicle
retrieval after anon-consent tow without a breach of the peace by any party:
(a) The name, address and phone number of the towing company and the
vehicle storage facility;
(b) The name and address of the property owner that authorized the tow;
(c) The methods of payment accepted by the towing company and vehicle
storage facility;
(d) An address for citizens to file written complaints with the City.
Sec. 50-163. -General regulations regarding non-consent tows.
(1) Upon initial contact with the owner of a vehicle which is the subject of a non-
consent tow, a wrecker service operator, a vehicle storage facility operator, or any
employee or agent thereof shall give written notice to the vehicle owner of his
right to a hearing that meets the requirements of the Texas Occupations Code. A
person commits an offense if with criminal negligence he fails to provide notice
as provided by this subsection.
(2) When a police non-consent tow is performed, the owner of said vehicle shall be
afforded the right to a hearing in the Justice Court in accordance with Texas
Occupations Code Section 2308.452. This hearing shall be pursuant to the
procedures outlined in Texas Occupations Code Chapter 2308.
(3) Unless a police hold is placed upon a vehicle towed pursuant to a police non-
consent tow, it shall be the responsibility of the towing company or wrecker
service company to determine whether the vehicle should be released, when it
should be released and to whom it should be released.
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(4) Non-consent towed vehicles removed from a location within the City shall not be
taken to a storage facility which is more than thirty (30) miles from the location
from which the vehicle was removed.
(5) Non-consent towed vehicles removed from a location within the City shall not be
taken to a storage facility that does not comply with State law and the Texas
Department of License and Regulation regulations as they pertain to acceptable
methods of payment.
(6) Wrecker operators must be available to release vehicles twenty-four (24) hours
each day and must respond within one (1) hour of request of the property owner
and release the vehicle upon payment of the required fees.
(7) No damaged or inoperative motor vehicle or trailer shall be removed by the owner
or a wrecker service company from the scene of a collision or vehicle accident
without notification to the police department.
(8) No persons shall solicit any wrecker business in any manner, directly or
indirectly, on the streets of the City at or near the scene of an accident or of
wrecked or disabled vehicles.
(9) The Chief of Police or an authorized representative shall enforce the terms of this
Article and make such inspection of facilities as deemed necessary. Any variance
from the provisions of this Article must be approved in advance in writing by the
Chief of Police.
(10) All wreckers shall be driven at posted speeds, unless otherwise directed by the
officer in charge at the scene of the accident.
(11) The wrecker company shall furnish the police department with the description and
registration number of any vehicle of which the company has been unable to
locate the owner. This information shall be furnished within ten (10) days from
the date the company took custody of the vehicle. Additionally, each wrecker
company shall furnish the police department with a monthly report of all vehicles
impounded upon request by the police department. Such report will indicate the
year, make, model, license plate number and VIN number of such impounded
vehicle, along with the date towed, reason towed, date released, and person to
whom the vehicle was released.
Sec. 50-164. Violations; Penalties.
(1) Any person who violates any provision of this Article except Section 50-161 for
which a specific penalty is not provided shall be guilty of a misdemeanor upon
conviction and may be punished by a fine not to exceed $500. Any person who
violates Section 50-161 of this Article shall upon conviction be punished by a fine
provided in Section 2308.505 of the Texas Occupations Code.
(2) Each act of violation and each day in which a violation is permitted to continue
shall constitute a separate offense.
Sec. 50 -165. Other Remedies.
The City shall be entitled to pursue all other criminal and civil remedies to which it is
entitled under any other law and the remedies provided herein are not exclusive."
Page 10
SECTION 2.
Cumulative Clause. This Ordinance shall be cumulative of all provisions of the City of
Richland Hills, Texas, except where the provisions of this Ordinance are in direct conflict with
the provisions of other Ordinances, in which event the conflicting provisions of the other
Ordinances are hereby repealed.
SECTION 3.
Severability Clause. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this Ordinance of any such invalid or unconstitutional
phrase, clause, sentence, paragraph or section
SECTION 4.
Savings Clause. All rights and remedies of the City of Richland Hills, Texas, are
expressly saved as to any and all violations of the provisions of any ordinances related to
wrecker service which have accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
Publication Clause. The City Secretary of the City of Richland Hills is hereby directed
to publish this Ordinance to the extent required bylaw.
SECTION 6.
Effective Date. This Ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 17th DAY OF MARCH, 2015.
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CATHY BOU ,CITY SE ETARY
EFFECTIVE DATE: MARCH 21, 2015
APPROVED AS TO FORM AND LEGALITY:
BETSY ELAM, CITY
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