G-03-08-28-9A1 - 8/28/2003ORDINANCE NO. a-03 O-' b " % i7 /
AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.300,
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, TO AMEND THE REQUIREMENTS FOR
OPERATING A WRECKER BUSINESS THAT PERFORMS
NONCONSENT TOWS WITHIN THE CITY ; AND PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, the proper and safe functioning of the Wrecker
Business has a critical impact on the safety and welfare of the
public since it involves the use of the public streets of the City
of Round Rock (the "City"); and
WHEREAS, the regulation of Wrecker services within the City
is necessary to protect the health, safety and welfare of the
public; Now Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS THAT:
I.
Section 4.300 of the Code of Ordinances of the City of Round
Rock is hereby amended in its entirety. Section 4.300 of Chapter 4
of the Code of Ordinances of the City of Round Rock is hereby
replaced in its entirety, and shall read as follows:
SECTION 4.300 WRECKERS
4.301 PURPOSE
The proper and safe functioning of the Wrecker Business has a critical impact on the safety and
welfare of the public since it involves the use of the public streets of the City, often in
circumstances necessitating prompt removal of dangerous obstruction to traffic. Therefore, the
privilege of any Person to engage in the Wrecker Business in the City shall be subject to regulation
in order to protect the health, safety and welfare of the public.
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4.302 COMPLIANCE WITH STATE LAW
Any Person operating a Tow Truck and/or Wrecker shall comply with all applicable state laws.
A failure to comply with applicable state laws is a violation of this Section 4.300.
4.303 DEFINITIONS
For the purposes of this Section 4.300, the following words, terms and phrases, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(1) Accident or Collision shall mean any occurrence which renders a Vehicle wrecked or
disabled.
(2) Certificate Holder shall mean any Person possessing a current, valid Certificate of
Registration to engage in the Wrecker Business in the City of Round Rock.
(3) Certificate of Registration shall mean written authorization granted by the Chief of Police,
under the provisions of this Section 4.300, to a Wrecker Company having a place of
business within the City or outside the City operating a Tow Truck that performs
Nonconsent Tows.
(4) Chief of Police shall mean the Chief of Police for the City of Round Rock or the Person
designated by him/her to act in his/her stead for the purposes of this Section 4.300.
(5) City, shall include all areas that have been fully annexed by the City of Round Rock.
(6) Consent Tow shall mean any tow of a Motor Vehicle initiated by the Owner or operator
of the Vehicle or by a Person who has possession, custody, or control of the Vehicle. The
term does not include a tow of a Motor Vehicle initiated by a peace officer.
(7) Inspection Sticker shall mean written authorization granted by the Chief of Police, under
the provisions of this Section 4.300 and affixed to a Tow Truck used by a Wrecker
Company on the Rotation List, indicating that the Tow Truck has passed the required
inspection.
(8) Manufacturer's Certificate shall mean a plate permanently affixed to either a truck,
Wrecker equipment or tow sling by the manufacturer of the equipment which states the
Vehicle's or equipment's gross poundage capacity.
(9) Motor Vehicle shall mean any Vehicle which is self-propelled. This does not include motor
assisted bicycles as defined by the laws of the State of Texas.
(10) Nonconsent Tow shall mean any tow of a Motor Vehicle that is not a Consent Tow.
(11) Owner shall mean any Person who holds the legal title to a Motor Vehicle, or has the legal
right of possession thereof. This does not include any Person who has gained possession
of a Motor Vehicle only as a result of Wrecker services performed.
(12) Person shall mean an individual, a corporation, a partnership, joint venture, or
association.
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(13) Repossession shall mean a tow made by, or on behalf of a lien holder taking possession
of collateral.
(14) Rotation List shall mean the list prepared in accordance with the provisions of this Section
4.300, of Wrecker Companies which have applied and qualified to appear thereon, and
which maintain inspected Tow Trucks of a capacity required to be on said list.
(15) Tow Truck shall mean a Motor Vehicle, equipped with a mechanical device used to tow,
winch, or otherwise move another Motor Vehicle.
(16) Vehicle shall mean every device in, upon, or by which any Person or property is or may
be transported or drawn upon a public highway, including, but not limited to, Motor
Vehicles, but not including devices moved only by human power, or used exclusively on
stationary rails or tracks.
(17) Wrecker shall have the same definition as Tow Truck.
(18) Wrecker Business shall mean the business of towing Vehicles not belonging to the
Wrecker Company on a public street within the incorporated limits of Round Rock for
compensation, or with the expectation of compensation including, but not limited to,
compensation for towing, storage, and repair. It does not include towing a Vehicle to a
point outside the City when the Owner requests that it be towed to a point outside the City,
except as otherwise provided in this Section 4.300.
(19) Wrecker Company shall mean any Person engaged in the Wrecker Business.
4.304 REOUIREMENTS TO PERFORM NONCONSENT TOWS
(1) It shall be unlawful for a Person to operate a Tow Truck that performs Nonconsent Tows
in the City unless the Person has a Certificate of Registration issued by the Chief of
Police, except as provided in (2)(i), below.
(2) An applicant for a Certificate of Registration to perform Nonconsent Tows shall submit,
on a form provided by the Chief of Police, a verified application containing or
accompanied by the following:
(a) The true name, the trade name, principal business address, and telephone number,
that is answered twenty-four (24) hours a day, of the Wrecker Company.
(b) The list of Wreckers proposed to be operated by the Wrecker Company, including
but not limited to the Motor Vehicle Identification number, make, unit number and
the name of the owner of the Wrecker listed (the Wrecker Company affiliate), if
different from the Wrecker Company applying for the Certificate of Registration.
(c) The name of the owner(s) of the Wrecker Company, partners or corporation
officers.
(d) A certificate of public liability and property damage insurance, for each Tow
Truck to be registered issued by a casualty company authorized to do business in
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the State of Texas, in the standard form approved by the City Attorney, containing
a provision that at least ten (10) days' prior notice of cancellation of said insurance
shall be given to the Chief of Police, by the insurance company, and with the
insured provision of such policy including the City as an additional insured and
the coverage provision insuring members of the public from any loss or damage
that may arise to any Person or property by reason of the operation of a
Certificate Holder's business and providing that the combined single limit liability
insurance coverage amount for bodily injury to or death of an individual per
occurrence, loss or damage to property shall be $300,000.00 for Wreckers, whose
gross vehicle weight is less than 26,000 pounds and $500,000.00 for Wreckers,
whose gross vehicle weight is 26,000 pounds or more.
(e) A certificate of on -hook cargo insurance to cover damage to a towed Vehicle
during hookup and/or towing in the minimum amount of fifty thousand dollars
($50,000.00).
(f) A copy of a vehicle storage facility license issued by the Texas Department of
Transportation, pursuant to the Vehicle Storage Facility Act, Article 6687-9a,
Revised Civil Statutes, as now enacted or as hereafter amended.
(g) A copy of the motor carrier certificate of registration issued by the Texas
Department of Transportation.
(h) A fee of $ 15.00.
(i) This Section 4.304 does not apply to nor prohibit a Wrecker Company which
obtained a motor carrier certificate of registration from the Texas Department of
Transportation and having a place of business outside the incorporated city limits,
from making a Consent Tow within the City.
4.305 CERTIFICATE OF REGISTRATION FOR NONCONSENT TOWS, ISSUANCE, AND
EXPIRATION
(1) The Chief of Police or authorized designee shall register a Wrecker Company and issue
a Certificate of Registration under this Section 4.300 which is determined to be in
compliance with the requirements under Section 4.304. However, the Chief of Police may
deny an application for a Certificate of Registration, if the applicant:
(a) has had a registration revoked under Texas Transportation Code Section 643.252,
as now enacted or as hereafter amended;
(b) operates a Tow Truck after the state registration has been revoked;
(c) causes or allows the operation of a Tow Truck by an unlicensed driver on the
public roadways;
(d) operates a Tow Truck performing Nonconsent Tows without a Certificate of
Registration on the public roadways;
(e) submits false information on a registration application;
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(f) fails to maintain insurance required by State law for the operation of a Wrecker
Company or its equipment; or
(g) other legal grounds exist for denying such Certificate of Registration.
(2) Each Certificate of Registration issued shall expire at midnight on December 31st of the
calendar year of issuance, and will be renewable only upon compliance with the provisions
of this Section 4.300 and any other applicable laws, ordinances, or regulations which shall
be in effect at the time of the renewal application.
(3) Each Wrecker Company which has received a Certificate of Registration under this
Section 4.300 shall at all times carry a copy of its Certificate of Registration in each
Wrecker it operates.
(4) Each Wrecker Company which has received a Certificate of Registration shall be
responsible for updating the information provided in the application by submitting
supplemental information on forms provided by the Chief of Police. Failure to provide
updated information, such as, but not limited to, replacement or additions of Tow Trucks,
drivers' license suspensions or revocations, change in insurance company, or expiration
of storage facility license, shall be grounds for suspension or revocation of a Certificate
of Registration.
4.306 SUSPENSION AND REVOCATION OF CERTIFICATE OF REGISTRATION FOR
NONCONSENT TOWS
The Chief of Police may suspend or revoke a Certificate of Registration issued under this Section
4.300, or place a Wrecker Company on probation, if the Wrecker Company or any of its
Wreckers fall out of compliance with State law or the requirements set out in this Section 4.300,
or for any other lawful reason.
4.307 ROTATION LIST ESTABLISHED FOR NONCONSENT TOWS
The Chief of Police shall establish and maintain a Rotation List, from which list Wreckers shall
be picked to answer calls for Nonconsent Tows. Each Wrecker Company who applies and meets
the requirements herein shall be entitled to one (1) place on said list. The names of the Wrecker
Companies on the list shall be listed in numerical order, beginning with the date the application
is approved.
4.308 ROTATION LIST OUALIFICATIONS
(1) A Wrecker Company may participate on the Rotation List if the Wrecker Company meets
the following requirements:
(a) it has registered and received a Certificate of Registration and Inspection Sticker
for each Tow Truck it owns or will use while on the Rotation List under this
Section 4.300;
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(b)
it owns, leases, or otherwise lawfully possesses and operates a storage facility
located within the incorporated limits of the City where all Motor Vehicles it tows
on behalf of the City shall be stored at all times and which (i) is enclosed by a
permanent six (6) foot solid wood or steel chain link fence, and (ii) has a gate
which is locked, when there is no attendant on duty or after normal business
hours;
(c) it maintains at least one (1) Wrecker;
(d) it maintains twenty-four (24) hour Wrecker service and a local telephone number
which is answered twenty-four (24) hours a day;
(e) it is able to respond to any location in the City within thirty (30) minutes of being
notified by telephone. Tow Trucks 2 'h tons or more in size must be able to
respond within forty-five (45) minutes after notification.
(f) it has someone available twenty-four (24) hours a day to release any Vehicle
impounded within thirty (30) minutes of a request by the Owner or the Police
Department.
(g)
it or the owner of the leased storage facility holds a license issued by the Texas
Department of Transportation, pursuant to the Vehicle Storage Facility Act, Article
6687-9a, Revised Civil Statutes, as now enacted or as hereafter amended.
(h) it submits an application for placement on the Rotation List.
(2) A Wrecker Company shall submit a verified application for placement on the Rotation
List, on a form provided by the Chief of Police, containing or accompanied by the
following:
(a) A copy of a vehicle storage facility license issued by the Texas Department of
Transportation for a storage facility within the City.
(b)
A list of all drivers and drivers' driving records, obtained from the Texas
Department of Public Safety, said list shall be updated as new drivers are added
or when a driver's license is suspended or revoked.
(c) A City of Round Rock Certificate of Insurance form indicating General Liability
in the amount of $1,000,000.00, in addition to the insurance requirements under
Section 4.304(2)(d).
(d) A certificate from the appropriate tax assessor -collector agency that certifies that
all city taxes on all properties, real and personal, to be used in connection with the
applicant's Wrecker Business are current. The certificate shall list the name of the
Wrecker Business, its subsidiaries or assumed names.
(3) The following maximum fees may be charged by Wrecker Companies under this Section
4.300 for the use of Wreckers on the Rotation List.
(a) Nonconsent Tow $95.00
(b) Extra -large Wreckers* $393.00
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(c) Dollies or Flatbed (if required) $35.00 (in addition to the Nonconsent Tow fee)
(d) Winching $35.00/hr.
(e) Standby (after first 30 min.) $35.00/hr.
(f) Additional Labor $15.00/hr.
*towage of a Vehicle with a manufacturer's gross vehicle weight rating of more than
26,000 pounds.
(4) A Wrecker Company will automatically be removed from the Rotation List on the
expiration date of its Certificate of Registration, as provided in Section 4.305 and will be
placed back on the list only upon compliance with the provisions of this Section 4.300 and
any other applicable laws, ordinances, or regulations which shall be in effect at the time
of the renewal request application.
(5) Each Wrecker Company having a place on the Rotation List shall be responsible for
updating the information provided in the application by submitting supplemental
information on forms provided by the Chief of Police. Failure to provide updated
information, such as, but not limited to, replacement or additions of Tow Trucks, drivers'
license suspensions or revocations, change in insurance company, change in storage
facility, or expiration of storage facility license, shall be grounds for suspension or
removal from the Rotation List.
4.309 SUSPENSION AND REMOVAL FROM THE NONCONSENT ROTATION LIST
The Chief of Police may suspend or remove a Wrecker Company from a place on the Rotation List
pursuant to this Section 4.300, if a Wrecker Company or any of its Tow Trucks fails to comply
with any of the requirements in this Section 4.300.
4.310 INSPECTION STICKER
(1) In order to receive an Inspection Sticker, each Wrecker shall meet the following minimum
requirements:
(a) Shall have a capacity of not less than one (1) ton.
(b) Shall display in a permanent manner the name and twenty-four (24) hour phone
number of the holder of the Certificate of Registration on both sides of each
Wrecker.
(c) Shall display in a permanent manner the names of the Wrecker Companies listed
on the Certificate of Registration as affiliates.
(d) Shall be in a condition such that it can be safely and reliably used as a Wrecker.
(e) Shall include the Manufacturer's Certificate and be equipped with a power -
operated winch, winch line and boom, with a rated or tested lifting capacity of not
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less than eight thousand (8,000) pounds single line capacity.
(f) Shall carry at all times the following standard equipment:
(g)
(i) slings and/or tow bars along with "J" hooks and chains
(ii) safety chain
(iii) 10 lb. fire extinguisher (or the equivalent)
(iv) shovel
(v) wrecker bar
(vi) broom
(vii) dolly (except for slide bed Tow Trucks)
(viii) ropes or other device for securing steering wheel
(ix) overhead visibar or beacon type light visible from front and rear
(x) tow lights
Any other information the Chief of Police may determine is necessary for the safe
operation of a Tow Truck under this Section 4.300.
(2) An Inspection Sticker shall be denied if the safety requirements provided for in this
Section 4.310 are not met.
4.311 INSPECTION STICKER - ISSUANCE AND EXPIRATION
(1) The Chief of Police or authorized designee shall issue an Inspection Sticker for a Tow
Truck if in compliance with the requirements under Section 4.310. An inspection fee of
$15.00 is required and shall be charged for each Tow Truck inspected. The inspection fee
is non-refundable and shall be paid whether or not the Tow Truck passes inspection. The
Chief of Police may deny the issuance of an Inspection Sticker on the same grounds as
provided for in Section 4.305(1)(a) -(g) above.
(2) Each Inspection Sticker issued shall expire at midnight on December 31st of the calendar
year of issuance, and will be renewable only upon compliance with the provisions of this
Section 4.300 and any other applicable laws, ordinances, or regulations which shall be in
effect at the time of the renewal application.
(3) Each Tow Truck which has received an Inspection Sticker under this Section 4.300 shall
prominently displayed it on the front or back windshield.
(4) Each Wrecker Company which has received an Inspection Sticker for a Tow Truck shall
be responsible for keeping the Tow Truck in compliance with the safety requirements
provided for in Section 4.310, at all times. Failure to comply with the safety requirements
provided for in Section 4.310, shall be grounds for suspension or revocation of an
Inspection Sticker.
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4.312 SUSPENSION AND REVOCATION OF AN INSPECTION STICKER
The Chief of Police may suspend or revoke an Inspection Sticker issued under this Section 4.300,
or place a Wrecker Company on probation, if the Wrecker Company or any of its Wreckers fail
to comply with State law or the requirements set out in this Section 4.300, or for any other lawful
reason.
4.313 INSPECTION OF WRECKER EQUIPMENT AND STORAGE FACILITIES
Any Wrecker Company, Certificate Holder, or applicant, by virtue of making an application with
the City, agrees to allow during normal business hours, the inspection of Wreckers, Wrecker
equipment, and storage facilities for compliance under this Section 4.300. This authority shall be
cumulative of any other authority held by the Chief of Police, other law enforcement officials, or
other legally authorized public officials.
4.314 PROCEDURES FOR NOTIFYING WRECKER SERVICES
(1) When the police officer investigating a Collision determines that (i) any Vehicle involved
in a Collision is unable to safely proceed under its own power; or (ii) the driver of any
Vehicle involved in a Collision is physically unable to safely move the Vehicle to a
location where it will not create a traffic hazard, such officer shall request the Owner to
designate a Wrecker Company which he/she desires to remove the Vehicle.
(a) Such designation by the Owner will be indicated in writing on a form provided by
the Chief of Police and signed by the Owner.
(b) When the designation has been properly made, the police officer shall
communicate the name of the designated Wrecker Company, auto repair shop,
automobile dealer, or automobile club to the police communications center.
(c) The police communications center shall cause the designated Wrecker Company,
auto repair shop, automobile dealer, or automobile club to be called and directed
to send a Wrecker capable of removing the Vehicle.
(d) If the designated Wrecker Company, auto repair shop, automobile dealer, or
automobile club does not have available a Wrecker of the type required to move
the Vehicle, the Owner will be requested to make another designation.
(2) If the Owner of a Vehicle is (i) physically unable to designate the Wrecker Company, auto
repair shop, automobile dealer, or automobile club he desires to remove the Vehicle; (ii)
fails or refuses to designate one; (iii) has no preference; or (iv) is not available, then the
police officer shall communicate that fact to the police communications center, and advise
as to the type of Wrecker required.
(a) Such designation by the Owner will be indicated in writing on a form provided by
the Chief of Police and signed by the Owner if he/she is physically able. If the
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Owner is not able or is not available, the police officer shall so indicate by a
notation on the form.
(b) The police communications center shall call the Wrecker Company next in line on
the Rotation List after the last Wrecker Company so called, and request the
Wrecker Company to tow the Vehicle from the scene.
(c) On each succeeding communication or the inability or refusal of a Wrecker
Company to send a Wrecker, the next Wrecker Company on the Rotation List
shall be called. After the last Wrecker Company on said list has been called, the
next such call shall go to the first Wrecker Company on said list.
(3) If the Wrecker Company, after arrival at the scene, determines in conjunction with the
police officer in charge, that assistance is needed, then the police officer shall
communicate that fact to the police communications center, which shall proceed under
paragraph (1) of this Section 4.314.
(4) Failure of any Wrecker Company selected under paragraph (1) or paragraph (2) of this
Section 4.314 to deliver a Wrecker to the scene within thirty (30) minutes of notification
or forty-five (45) minutes for a Tow Truck 2 'h tons or more in size without justification
acceptable to the police officer on the scene shall cause the Wrecker Company to forfeit
that call. Additionally, the Chief of Police shall have the discretion to suspend or revoke
a Wrecker Company from a place on the Rotation List for failure to timely respond.
(5) In any circumstance in which a Vehicle or other object is so located on a public street as
to constitute a hazard or obstacle, or to interfere with traffic, or in the event a stolen
Vehicle is found or in any other circumstance in which a police officer in the course of his
duty directs the removal of a Vehicle from or to any location, any police officer may
require its removal at the Owner's expense, by any practicable means, including but not
limited to, use of a Wrecker selected by the Owner, or failing that, selected by the use of
the Rotation List.
4.315 UNLAWFUL FOR POLICE TO INFLUENCE SELECTION
It shall be unlawful for a police officer to directly or indirectly recommend to any Person the name
of any Wrecker Company, auto repair shop, automobile dealer, or automobile club engaged in the
Wrecker Business; nor shall any such police officer influence or attempt to influence in any
manner the decision of any Person in choosing or selecting a Wrecker Company, auto repair shop,
automobile dealer, or automobile club.
4.316 PARKING OF WRECKER AT THE SCENE OF A COLLISION
Whenever a Wrecker arrives at the place where a Motor Vehicle has been disabled by an Accident,
the Wrecker driver shall park his Wrecker as close to the street curb as possible and otherwise
dispose of it in such a manner as not to interfere with traffic. The Wrecker driver shall not park the
Wrecker within a distance of fifty (50) feet from a wrecked or disabled Vehicle, unless permitted to
do so by a police officer.
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4.317 WRECKER DRIVERS TO OBEY ORDERS OF POLICE OFFICER
It shall be unlawful for the driver of any Wrecker arriving at the place where any Accident has
occurred or an abandoned Vehicle is located to disobey any lawful order given them by any police
officer of the City investigating such Accident or to interfere in any manner with such officer in
the performance of his/her duty.
4.318 DUTY TO REMOVE DEBRIS
It shall be the duty of each Wrecker that removes a wrecked, damaged, or disabled Vehicle from the
place where an Accident has occurred to clear and remove from the street any and all debris, parts,
or glass accumulated as a result of the Accident from the street.
4.319 SOLICITATION PROHIBITED
It shall be unlawful for any Wrecker Company or its employees to solicit in any manner, directly or
indirectly, on the streets of the City, for Wrecker Business involving any Vehicle which is wrecked
or disabled on a public street. This prohibition applies regardless of whether the solicitation is for the
purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, selling,
or purchasing such Vehicle. Proof of the presence of any Person engaged in the Wrecker Business
or of the presence of any Wrecker, whether or not certified or identified under the provisions of this
Section 4.300, except a Wrecker called pursuant to the provisions of this Section 4.300, at or near
the scene or site of a Collision on any public street in the City after the wreck occurs and prior to
removal of all disabled or damaged Vehicles shall be prima facie evidence of a solicitation in
violation of this subsection.
4.320 ADMINISTRATIVE DISPOSITION OF VIOLATIONS
In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any
provision of this Section 4.300, the Chief of Police shall have, as to the holders of any Certificate
of Registration or Inspection Sticker, or as to any applicant therefor, the duty and authority to
enforce the provisions of this Section 4.300 by administrative action in accordance with the
principles and procedures set forth hereinafter.
(1) The proper and safe functioning of the Wrecker Business has critical impact on the health,
safety, and welfare of the public and involves use of the public streets of the City of
Round Rock often in circumstances necessitating prompt removal of dangerous
obstructions to traffic on said streets. Accordingly, the privilege of any Person to engage
in the Wrecker Business in the City of Round Rock shall be subject to strict regulation in
order to protect the public.
(2) For purposes of invoking any administrative remedy against a Certificate Holder, the acts
or omissions of any agent or employee of said holder shall be considered to be the acts or
omissions of said holder.
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(3) Administrative remedies which the Chief of Police may employ to enforce the provisions
of this Section 4.300 include, but are not limited to:
(a) suspension or revocation of any Certificate of Registration or Inspection Sticker;
or
(b)
suspension, revocation or removal of a Wrecker Company from the Rotation List.
(4) Grounds for suspension or revocation of a Certificate of Registration include (i) any
conduct in the Wrecker Business which endangers the life or safety of any Person; (ii)
repeated violations of the provisions of this Section 4.300; (iii) violation of the zoning
ordinance or fire prevention code for one (1) week after notice of said violation has been
given to said Wrecker Business by the building official or the fire marshal, respectively;
(iv) failure to maintain in effect any insurance required by this Section 4.300; and (v)
fraud or theft in the conduct of the Wrecker Business.
(5) Grounds for suspension or revocation of an Inspection Sticker include responding to a
Nonconsent Tow call when said Wrecker:
(a) is in such condition that it cannot safely tow a Vehicle;
(b) is not then covered by insurance as required in this Section 4.300; or
(c) does not then meet all requirements for an Inspection Sticker.
(6) Grounds for removal of a Wrecker Company from the Rotation List include:
(a) failure to meet at all times the requirements for a place on the list;
(b)
failure to, maintain at all times at least one (1) Wrecker in a condition that meets
the requirements for an Inspection Sticker and for eligibility to be on the Rotation
List;
(c) responding to a Nonconsent Tow call with a Wrecker which does not then meet
the requirements of the Rotation List;
(d) driving a Wrecker in response to a Nonconsent Tow call in a manner which
endangers the life or safety of any Person;
(e) driving a Wrecker to a location to perform Wrecker services in response to a call
made by the police communications center, when the Wrecker Company is not the
next company on the list, the Wrecker Company owning that Wrecker shall be
subject to removal from the list for a period of at least thirty (30) days;
(0 collecting or charging any fees or charges in excess of those set out in this Section
4.300;
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(g) violation of the zoning ordinance or fire protection ordinance, as determined by
the building official or the fire marshal, respectively;
(h) failing to answer within the required time when called by the police
communications center; or
(i) declining to respond to a call from the police communications center to preform
Wrecker services.
4.321 CERTIFICATE OF REGISTRATION, INSPECTION STICKER AND ROTATION LIST
APPEALS
(1) Suspension or revocation of a Certificate of Registration may be ordered by the Chief of
Police. The reasons for suspension or revocation of a Certificate of Registration shall be
given in writing to the Certificate Holder whose Certificate of Registration is being
suspended or revoked within ten (10) days of such suspension or revocation. Mailing of
such notice to the last known business address provided on the application of said
Certificate Holder shall constitute sufficient notice. The notice shall provide an opportunity
for a hearing before the Chief of Police on the suspension or revocation by filing a request
for a hearing within five (5) days from the receipt of the notice. Pending a ruling by the
Chief of Police, a Certificate of Registration that has been suspended or revoked, shall be
considered suspended or revoked. If a written request for a hearing is not filed within the
required time, the suspension or revocation shall be final.
(2) Suspension or revocation of an Inspection Sticker may be ordered by the Chief of Police
without notice. The reasons for suspension or revocation of an Inspection Sticker shall be
given in writing to the Wrecker Company within five (5) days of such suspension or
revocation. Faxing of such notice to the last known business fax number provided on the
application of said Wrecker Company shall constitute sufficient notice. The notice shall
provide an opportunity for a hearing before the Chief of Police on the suspension or
revocation of the Inspection Sticker by filing a request for a hearing within five (5) days
from the receipt of the notice. Pending a ruling by the Chief of Police, an Inspection
Sticker that has been suspended or revoked, shall be considered suspended or revoked. If
a written request for a hearing is not filed within the required time, the suspension or
revocation shall be final.
(3) Suspension or removal from the Rotation List may be ordered by the Chief of Police
without notice. The reasons for suspension or removal from the list shall be given in
writing to the Wrecker Company within five (5) days of such suspension or removal.
Faxing of such notice to the last known business fax number provided on the application
of said Wrecker Company shall constitute sufficient notice. The notice shall provide an
opportunity for a hearing before the Chief of Police on the suspension or removal by filing
a request for a hearing within five (5) days from the receipt of the notice. Pending a ruling
by the Chief of Police, the Wrecker Company shall be considered suspended or removed
from the list. If a written request for a hearing is not filed within the required time, the
suspension or removal shall be final.
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(4) If after a Certificate of Registration has been suspended or revoked, the condition for
which it was suspended or revoked has been corrected, and proof of such correction is
made to the Chief of Police, then a new Certificate of Registration shall be issued upon
proper application, fee payment, and proof of meeting all requirements therefor.
(5) Appeals from a ruling by the Chief of Police shall be made in writing to the City Manager
within twenty (20) days of such ruling. A hearing or personal appearance shall be at the
discretion of the City Manager. Written notice of the ruling of the City Manager shall be
given to the Certificate Holder within thirty (30) days of the date of the appeal. Pending
a ruling by the City Manager, a Certificate of Registration, Inspection Sticker that has
been suspended or revoked or a Wrecker Company that has been suspended or removed
from the Rotation List shall be considered suspended, revoked or removed. If a written
request to appeal is not filed within the required time, the suspension, revocation or
removal shall be final.
(6) If an Inspection Sticker is revoked, a new Inspection Sticker shall not be issued for that
Tow Truck for a period of at least six (6) months from the date of revocation.
4.322 GENERAL PROHIBITIONS
(1) It shall be unlawful for any Person to drive, or cause to be driven, a Wrecker to or near
the scene of a Collision on a street within the City unless such Person has been called to
the scene by the Police Department or by a party involved in the Collision; provided,
however, that the prohibition of this subsection shall not be applicable when such actions
are necessary to prevent death or bodily injury to any Person involved in a Collision.
(2) It shall be unlawful for any Person to engage in Nonconsent Tows in the City unless such
Person possesses a current, valid Certificate of Registration. The Police Department shall
be authorized to summon Wreckers without Certificate of Registration in emergency
situations.
(3) It shall be unlawful for any Person to operate a Tow Truck in the City, unless it is
equipped as required by state law; and Section 4.310 herein, if the Wrecker Company is
participating in the Rotation List, as described herein. A Tow Truck and its required
equipment shall be in safe operating condition at all times when the Tow Truck is
operating on the public roadway.
4.323 REMOVAL OF MOTOR VEHICLES FROM PRIVATE PROPERTY
The driver of a Tow Truck who removes a Vehicle from private property under this Section 4.300
shall notify the Round Rock Police Department within 30 minutes of such removal. The
information to be provided in such notification shall include:
(1) The date, time and location of the removal;
(2) The physical description and license or registration number of the Vehicle;
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(3) The name of the Certificate Holder which performed the removal; and
(4) The storage location of the Vehicle.
4.324 REPOSSESSION OF VEHICLES
The driver of a Tow Truck who removes a Vehicle for the purpose of repossessing the Vehicle
shall be required to do the following:
(1) contact the Police Department prior to making such Repossession; and
(2) present a written notice from the Lien Holder requesting such Repossession which shall
include the following information:
(a) Name of Owner of said Vehicle;
(b) Date, time and location of the removal;
(c) The physical description and license or registration number of the Vehicle;
(d) The name of the Certificate Holder which is to perform the removal; and
(e) The storage location of the Vehicle.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
15
Meetings Act, Chapter 551, Texas Government Code, as amended.�
l
READ and APPROVED on first reading this the / "1 day of
, 2003.
READ, APPROVED and ADOPTED on second reading this the
X? n
day of
ATTEST
ithr))/U) ,e` '7(_M
CHRISTINE R. MARTINEZ, City Secretar
, 2003.
N �'%• W , Mayor
City of Round Rock, Texas
16
DATE: August 22, 2003
SUBJECT: City Council Meeting - August 28, 2003
ITEM: *9.A.1. Consider an ordinance amending Chapter 4, Section 4.300
of the Round Rock Code of Ordinances (1995 Edition)
regulating the operation of vehicle wrecker services within
the city limits. (Second Reading)
Resource: Paul Conner, Police Chief
Captain Tim Ryle
History:
Funding:
Cost:
Source:
Section 4.300 of the City Code of Ordinances regulates the
operation of and fees charged by vehicle wrecker services
permitted to operate within the city limits. The proposed major
revision of this ordinance is prompted by a series of changes in
Texas law regarding wrecker operations in municipalities and the
need to clarify language in the existing ordinance. The changes
in state law take effect on September 1. Among the changes is
specific authority granted to the Chief of Police as it regards
suspending or revoking a wrecker company's ability to operate
in the city for non-compliance with this ordinance. In October
2002, City Council amended Sec. 4.309 (Procedures for
Notifying Wrecker Services) of this ordinance to increase the
fees wrecker services can charge in the City. This ordinance
revision leaves the rate structure unchanged, though the rate
structure is further clarified. The Police and Legal departments
have included wrecker companies in the development of the
proposed ordinance changes. Representatives of these
companies will have reviewed a final version of this ordinance
before City Council's consideration of this matter.
Outside Resources:
Impact/ Benefit:
Public Comment:
Sponsor:
N/A
N/A
N/A
Adopting this change in ordinance would keep the City in
compliance with Texas law after September 1 as it regards
wrecker services operating in municipalities. In addition,
this revision clarifies several sections of the ordinance.
Public Hearing
N/A