O-2016-3671 - 8/11/2016 I ORDINANCE NO. 0-2016-3671
2
3 AN ORDINANCE AMENDING ARTICLE IV, CODE OF ORDINANCES
4 (2010 EDITION), CITY OF ROUND ROCK TEXAS, BY AMENDING
5 SECTIONS 42-472 THROUGH 42-493 REGARDING WRECKERS;
6 REPEALING ALL OTHER ORDINANCES AND PARTS OF
7 ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR A
8 SAVINGS CLAUSE.
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
11 TEXAS:
12
13 I.
14
15 That Article IV, Chapter 42, Sections 42-472 through 42-493, Code of
16 Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as
17 follows:
18 ARTICLE IV. -WRECKERS
19
20 Sec. 42-470. - Purpose.
21 The proper and safe functioning of the wrecker business has a critical impact on the
22 safety and welfare of the public since it involves the use of the public streets of the city, often in
23 circumstances necessitating prompt removal of dangerous obstructions to traffic. Therefore, the
24 privilege of any person to engage in the wrecker business in the city shall be subject to regulation
25 in order to protect the health, safety and welfare of the public.
26 Sec. 42-471. -Compliance with state law.
27 Any person operating a tow truck and/or wrecker shall comply with all applicable state
28 laws. A failure to comply with applicable state laws is a violation of this article.
29 Sec. 42-472. - Definitions.
30 The following words, terms and phrases, when used in this article, shall have the
31 meanings ascribed to them in this section, except where the context clearly indicates a different
32 meaning:
33 Accident or collision means any occurrence which renders a vehicle wrecked or disabled.
34 GeFtifiGate holder means any peFSGn posse-s— - -urrent, valid GeFtif'Gate of registrat'GR
35
36 Gertifir--ate of registration means written auth0riZat!GR granted by the GNef Gf police, Linde
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38 .
0112.1604;00361648/ss2
I Chief of police means the chief of police for the City of Round Rock or the person
2 designated by him to act in his stead for the purposes of this article.
3
4
5 RGlude a tew of a moter vehiGle initiated by a peaGe Gff iGeF.
6 InspeGtien StiGker means written authorization granted by the Ghief of po"Ge, undeF the
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9 ManUfaGtUreF'S GeFtifiGate means a plate permaRently affixed te either a tr'6lGk, wreGker
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12 Motor vehicle means any vehicle which is self-propelled. This does not include motor
13 assisted bicycles as defined by the laws of the state.
14 NonGensent tow means any tow of a rnoteF vehiGle that is net a GGRsent tGW.
15 Owner means any person who holds the legal title to a motor vehicle, or has the legal
16 right of possession thereof. This does not include any person who has gained possession of a
17 motor vehicle only as a result of wrecker services performed.
18 Repossession means a tow made by or on behalf of a lien holder taking possession of
19 collateral.
20 RGtot Ven list moons the list prepared in ornnrdaR
21 wreGkeF GE)Mpanies WhiGh have applied and qualified to appear theFeGR, and whiGh Mai
22
23 Tow truck means a motor vehicle, equipped with a mechanical device used to tow, winch,
24 or otherwise move another motor vehicle.
25 Vehicle means every device in, upon, or by which any person or property is or may be
26 transported or drawn upon a public highway, including but not limited to motor vehicles, but not
27 including devices moved only by human power, or used exclusively on stationary rails or tracks.
28 Wrecker shall have the same definition as tow truck.
29 Wrecker business means the business of towing vehicles not belonging to the wrecker
30 company on a public street within the incorporated limits of the city for compensation, or with the
31 expectation of compensation, including but not limited to compensation for towing, storage, and
32 repair. It does not include towing a vehicle to a point outside the city when the owner requests
33 that it be towed to a point outside the city, except as otherwise provided in this article.
34cc Wrecker company means any person engaged in the wrecker business.
35 der— 47_473Requirements to peFferm nnnr•nnsent to nis
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2 unless the person ha6 a GeFtifiGate Gf registration ms6ued by the GWef of pqiiGe, eXG6pt a6 provided in
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4 (b) An appliGant for a n-ertifi.r.-ate of registration tc) perfGFrn nonGensent tows shall submit, GR a foFm
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6 (1)The true name, tht-= name, prinGipal business addres6, and telephGRe number that
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12 !41 Tho Pomo of the o�un er of the wFeglrer onmpany, partners or pornnration officers
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17 and with the pmvisien Of SUGh PG'iGy ORGluding the Gity as an additional nsured and the
18 Geverage pF ig members of the publiG from any less Gr damage that may aFis
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20 pFoviding that the r-Ambined single limit liability insuranGe GOVerage amn-wnt for bedily injury to of
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25 re6olutoen of the Gity GOunGil fFGM time to time.
26 /Q\ A nope of a vehiGlestGrage facility license issi ied by the staterimnortment of transportation
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28
29 tFaRspertaticm-.
30 !81 A fee as n 1rrently establi.sherl or as hereafter adopted by re
31 tat+►
32 (9)This seGt'c)n does nGt apply te ner prohibit -A �.AvriQr-kpr r-ompany wNGh obtained a rAE)tG)F Garrier
33 n-f registration from the 6tate department G� transportation, and having a plaGe Of
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36 (a) The Ghief ef PGIlGe or autherized designee shall register a �.Av re r-,ker GE)Fnpany and issue a
37 GeFtifiGate of registratiGn under this art'Gle whiGh is determined te be in GomplianGe with the
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40 f 1C�)-rL-as '_�d__u_regist-ntin-a�onTe�r.opkpd under NI T G ., TranspeFtatiGn Code § .252;
41 Operates`2) a tGW tF nL after the state registration has been re�rn Led;
42 7 ,
43 (4)Operates a tGW tFUGk performing nGnGonsent tows without a r--P-.rfifir-,;-;te of Fegistration on the pub
44 readways;
45 saber;
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1 (6)Fails to maintain inSUFanGe requiFed by state law for the epeFatiGR of a wreGker GompaRy or its
2 equipmeRtj OF
3 (7)Other legal grounds evict for denying s„gh gertifioate of registration
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6 any other appliGable laws, ordiRanGes, er regulatiens whiGh shall be in effeGt at the tome ef the
7 1 appliGatieR.
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12 provided by the GNef Of PGliGe. Failure to provide updated infeFmatien, SUGh as but not limited to
13 replaGernent er additions Caf 491AV tFUGks, drivers' "Genre susp ens-ens or FeVGGatienS, Ghange
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19 fall GUt Gf GOMplianGe with state law E)F the requiFemeRtS Set GUt iR this aFtiGle, or for any ot
20 laMul reason.
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27 des. 4-2-477. Same Qw-al;f;rations
28 Gipate on the FE)tatLE)R list If the WFeGkeF GeMpany meets the-
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29 #all eFFI:&
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35 a. Is enoloserd by a permanent six feet solid wood or steel rhoin link fence; and
36 b. Has a gate wNGh 'S IOGked when there is no attendant on duty or after nermal busiRe
37 hours;
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39 (4) it maintains 24-hour wreGker serv'Ge and a IGGal telephone number whiGh L 6 answered 24 heurs a
40 d
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43 (6) it has SOMeGRe available 24 hGUrs a day to release any vehiGle impGunded within 30 minutes of�a
44 request by the owner er the PG1iGe dep@FtMeRt;
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1 (7)it er the owner of the leased 6torage faGility holds a liGeRse issued by the state depaFtR;eRt 0
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3 2303-,
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7PYf gf
Gility "GencvcTrse-issued by the state department of tFarispertatiGn for a
8 �T
9 (2)A list of all drivers and drivers' dFMRg reGE)rds, obtained frern the state department of pwbliG
10 safety, and said lost shall be updated as new drivers are added or when a driver's liGeRse +'S
11 suspended or revoked
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13establ'shed er as hereafter adopted by resolution of the Gity GGunGil from time to time, in addition-
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17 are GUrreRt. The shall lost the name Gf thp wrimrkpr business, its subsid4-;ries of
18 umed Homes
19 (G) The rnax'mum fees as GUrrently established oF as hereafter adopted by resolution of the Gity
20 GOunGil frGrm time to time may be Gharged by WFeGkeF GGMpaRies under this aFtiGle for the use e
21 wreGkers OR the FOtatiOR 146t.
22 (d) A wreGkeF GGFAp ny will alltOFnat'Gally be removed from tl4e rotatiOR list on the expiratiOR date e
23 its GertifiGate of registration, as PrGVided in seGtien 42 474, and wall be plaGed baGk on the last only
24 upon GGMpl'aRGe with the provisic)ns Gf this aFtiGle and any other app"Gable laws, GrdinanGes, or
25 regulatiGns whiGh shall be in effert at the time of the renewal request appliGatiGR.
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27 provided On the appliGation by submitting supplemental on fc)rrns provided by
28 the r.-.h4ef of PGliGe. Failure to provide updated inflorm.attion, -,.-,Gh as but not limited to replaGement Gr
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30 rh'vr aRge i IiGeease, shat grounds
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32 _des. 4-2-47S-. - dame S- isnensinn and rerneyal from list
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35 C with any of the requirements in this art'Gle
36 _d`e6. r1'-79'R.spest�n cher—IN inimum rens 1irementc
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38 �e.,,�a„anen
39 (1) Shall have a GapaGity of not less than one ton,
40 (2)Shall di6play On a permanent manner the n;-;.m.t-z and -24-hour phone number P-f the holde.r of the
41 GeFtifiGate of Fegistratien o nth sides of eorh wFeGker.
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43 of registrotinn as affiliates
44 r.
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2 Hne. -;4nd vVit.h. a mated or tested 'FftmRg GapaGity of not less than 8,000 pounds single Impe
3 sapas+ty.
4 (6)Shall Garry at all ti.M.896, thim WlnM;Rg standard equipment
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6 b. Safety-sha+n.
7 S. Ton_nn,Ind firs evtinguicher(or the equivalent\
8 d vhrrv=cte
9 e. VVFegher bar.
10 f.-Rree�
11 y. holly (evoent for slide hail tAMV tn'GkS4
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13 Overhear- yisihar or heaoon type light visible from front and roar.
14 i Tour lights
15 (7)Any other OpfA-.rrn-;;t'p-.n the r--h4,-Qf of PG"Ge may determine is neGessaFy fer the safe operation Gf a
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17 (b) An inSpeGtion GtiGker shall be denied if the safety requirements provided for in this seGtion are nGt
18 reset.
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21 GE)MpliaRGe with the requirements Linder seGtien 42 479. An fee is required and shall be
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23 ef the Gity GOUnGO fFGM time to time. The in6peGtiGR fee is non refundable and shall be paid whether
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25 StiGker on the same 9FOURds as provided far in q-p-r--tip—n 42-474(a)(1) (7).
26 (b) EaGh 'RSPeGt'OR -.-;t*r-,kt-Qr issued- shall expire at midRight Gn Der.ernh-er 31 A-f the r--alendar year e
27 and will be rtenevvab—le only upon GGrnplianGe with the prc)vms'n-,nc-; n-f thm.ss ;-;Ft'Gle and any
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29 appl+sat+er-.
30 _(G) EaGh tOW tFUGk wh 4 Gh has reGeived an inspeGtk)R StmGker under this aFtiGle shall prGminently
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respGnsible fer keeping the WW tFUGk 'R GGrnpliaRGe VAth the safety requirements prGvded f-
34 6eGtk)n 42 47-9 at all times. Failure tO GGMPly with the safety Fequ"FemeRtS prGvided for iR ser-,tien 42
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40 dee. 4248Y2 _ Insneotion of WFeGker equipment and storage faoilitiec
41 d
42 t
43 e. This ai,thority t�shhaalhhe
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2 other legally authorized publiG OffiGials.
3 Sec. 42-4793. - Procedures for notifying wrecker services.
4 (a) When the p0liGe OffiGer investigating a G(Alis.on determines that any vehiGle invelved in a GOIliSiOn
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6 phY6!G@IlY unable tG 6afely move the vehiGle to a IGGat'GR where it will nGt GFeate a traffiG hazard,
7 G-ffiGeF Shall request the GWRer te desigR;-;tP- -A MVFP-r-,ke-F GGMpaRY whir-,h he desires to remove the
8 vehicle-
9 (I)SLIGh desigRatiGR by the owner will be indiGated on writing en a form PFGVided by the r-,hieaf A-f
10 PGliGe and signed by the 9
11 (2)When the designation has been properly made, the PGI!G8 eff ir--er shall the name e
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14 (3)The PGIiGe GGMMuniGat!GnS GeRteF shall Gause the designated wreGker GOMpany, auto repair
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16 Gapable ef removing the vehiGle.
17 (4) if the designated WFeGkeF GOMPaRy, auto repair shep, automobile dealer, eF autemebile Glub dees
18 net h-;;ye -A MXR-QGker ef the type required to rneve the vehiGle, the GwReF will be
19 requested to m
20 (b) if the owner of a vehiGle *6 phy6iGally Linable tG designate the wreGkeF GGmpany, aute repair shop,
21 autornob'le dealer, or auterne-hile he de-sires tG remove the vehiGle, fails or refuses tG designate
22 C)Re, has nG preferenGe, er is not available, then the peliGe GffiGer shall GOMMuniGate that faGt tG the
23 noliro nomm nir ofin nc r9n4or And- advise oc to the typo of se ire Gker req lire
24 (1)Such designation by the owner will be indiGated in writing on a fGFm provided by the Ghief of
25 p0liGe and signed by the owner if he is phySiGally able. if the owner is not able or is not
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27 (2)The pC)IiGe GGFnFnuniGatiGnS Genter shall Gall the wrecker GOrnpany next an line en the m-tation list
28 after the last wrecker GeMpany GG Galled, and request the wrecker GOMpany to tow the vehiGle
29 frem f"
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32 GGMpany en ss-aid 14s;t ha;;s n r--alled— the nt-z)d r--all shall ge to the first wFeGkeF GGMpaRY
33 on said
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_(Gif wFeGker nompanri offer arrival of Oho GGeRedeter nr
35 n Gharge that as6istanGe is needed, then the Police GffiGer shall GommuniGate that faGt to the pol"Ge
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37 (d) Failure of any wreGkeF GOMpany seleGted under subseGtion (a) Gr (b) A-f this se-r-lien to deliver a
38 wreGker to the 6Gene �.vdthin 2-0- Minutes A-f nn-fifir--atffiAn nr 4E rnn-ttac; fnr tniq tr-r-k 214 tons or mere
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40 GOMpany to ferfeit th;;t r-;;" Additic)nally, the Ghief ef pe"Ge shall have the fdisr--retip-ri to suspend G
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42 (e)- In any circumstance in which a vehicle or other object is so located on a public street as
43 to constitute a hazard or obstacle, or to interfere with traffic, or in the event a stolen vehicle is found
44 or in any other circumstance in which a police officer in the course of his duty directs the removal of
45 a vehicle from or to any location, any police officer may require its removal at the owner's expense,
46 by any practicable means, including but not limited to use of a wrecker selected by the owner, or
47 failing that, selected at the police officer's discretion" +ho „moo rrf fho ro}Minn lief. If Owner selects a
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I wrecker, the wrecker must arrive to remove the vehicle within thirty (30) minutes from the initial
2 request.
3 Sec. 42-4764. - Unlawful for police to influence selection.
4 It shall be unlawful for a police officer to directly or indirectly recommend to any person
5 the name of any wrecker company, auto repair shop, automobile dealer, or automobile club
6 engaged in the wrecker business; nor shall any such police officer influence or attempt to
7 influence in any manner the decision of any person in choosing or selecting a wrecker company,
8 auto repair shop, automobile dealer, or automobile club.
9 Sec. 42-4765. - Parking of wrecker at the scene of a collision.
10 Whenever a wrecker arrives at the place where a motor vehicle has been disabled by an
11 accident, the wrecker driver shall park his wrecker as close to the street curb as possible and
12 otherwise place it in such a manner as not to interfere with traffic. The wrecker driver shall not
13 park the wrecker within a distance of 50 feet from a wrecked or disabled vehicle, unless permitted
14 to do so by a police officer.
15 Sec. 42-4766. -Wrecker drivers to obey orders of police officer.
16 It shall be unlawful for the driver of any wrecker arriving at the place where any accident
17 has occurred or an abandoned vehicle is located to disobey any lawful order given them by any
18 police officer of the city investigating such accident or to interfere in any manner with such officer
19 in the performance of his duty.
20 Sec. 42-4767. - Duty to remove debris.
21 It shall be the duty of each wrecker that removes a wrecked, damaged, or disabled
22 vehicle from the place where an accident has occurred to clear and remove from the street any
23 and all fluids, debris, parts, or glass accumulated as a result of the accident from the street.
24 Sec. 42-4768. - Solicitation prohibited.
25 It shall be unlawful for any wrecker company or its employees to solicit in any manner,
26 directly or indirectly, on the streets of the city, for wrecker business involving any vehicle which is
27 wrecked or disabled on a public street. This prohibition applies regardless of whether the
28 solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking,
29 storing, trading, selling, or purchasing such vehicle. Proof of the presence of any person engaged
30 in the wrecker business or of the presence of any wrecker, whether or not certified or identified
31 under the provisions of this article, except a wrecker called pursuant to the provisions of this
32 article, at or near the scene or site of a collision on any public street in the city after the wreck
33 occurs and prior to removal of all disabled or damaged vehicles shall be prima facie evidence of a
34 solicitation in violation of this section.
35 SeG. 42 489. AdmiRistFative disposition ef vielations.
36 (a) in 1'eu of or an addition to any GFiminal proseGUtiGR OF GiVil remedy f9F the vielatien of any previsiG14
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40 herelnafte�
41 (b) ,,FThe proper and cnfo f�lnotioninn of the ��ireGker bus
iness has a GFitiGal impaGt on the health,
42 ,Safe -welfare—ef the o
a publin streets f the pity often in
43 i- F" etr�oni said streets.
1f— C.T�TeT.
44 lbe subjeG
45 tG StFiG oFdeF to pFeteGt the publiG.
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I _(G) For puFpE)ses of invoking any administrative remedy against a GeFt*f*Gate hE)IdeF, the aGtS 0
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3 said holder.
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11 (3)Violation Gf the zoning ordinanGe or fire prevention Gode fGF GRe week after nGtiGe ef said violatiGn
12 has been given. tp- �.A.frier--ki9r bUsine-ss by the building GffiGial or the fire marshal, respeGtive'Y7
13 (4)Pa"ure to maintain in effeGt any iinswan-e required by this aFtiGle; and
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19 (3) hoes net then moot all requirements fnr on inspeetinn stirher
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21 (1)Failure to meet at all times the requirements fnr a plane nn the list;
22 /7\Coils ire to Maintain of all times_-at least-GRe WFeGker in a GOndition that meetS the reg6l'Fements fnr
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25 of the retatiGn4ist,
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27 safety of any person,
28 (5)DFOVInn o wreelrer to a Inn'+tinn to perform wreGker seoiines in response to o roll merle by the
29 PGIOGe GGMFAwniGationG Genter, when the wreGker nnmpo
30 g-fl3 from the lisp#ar a peried
31 qf at least 30 days;
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33PF49teGtiOR ord'naRGe, as deteFMiRed by the building
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35 (8)Failing tG answer withmR the Fequired torne when Galled by the PG"Ge r-,enter; or
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2 Fequest feF a heaFing within five days from the reGempt of the Pending a ruling by the Ghief of
3 POIlGe, a GeFtif'Gate of registration that has been suspended or revoked shall be considered
4 suspended OF Fevoked. if a written Fequest for a heaFing is n9t filed within the Fequired time, the
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the wreGkeF GGFRpany within five dayS Of SLIGh 6u6penSIOR or eVGGatiGR. Faxing Of 6LIGh n9t'Ge tG the-
9 last knA_�.VP business fax number pFevided on the appliGAtiA'R Af said wFeGkeF GGMPaRY shall
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13 that ha6 been 6uspeRded or reveked shall be GORsidered suspended er reveked. if a written request
14 f9F a hearing not filed within the required time, the suspension OF FeVGGatien shall be fina'17
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16 Thp mnval from the listshall be given in writing to the wreGker GE)FnpaRy
17 within five days Of SUGh 6u6pensiGn er remeval. Faxing Gf SUGh nnfirp tA the last known bus6Re66 fa
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20 removal by filing a Fequest f9F a hearing within five days 49M the FeGeipt of the notiGe. Pending a
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22 the lost. if a written request fer a hearing is RGt filed within the required time, the su
23 removal shall be final.
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25 suspended eF revoked has been GerreGted, and preGf of surhof
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27 and proof of meeting all requirement therefor.
28 (e) Appeals from a ruling by the Ghief Of PGIiGe shall be made On wFiting to the Gity manager within 20
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30 Written nGtiGe of the Fuling of the Gity manager shall be given to the GeFtifiGate hnlder WithiR 30 days
31 A-f the date of the appeal. Pending a ruling by the Gity manageF, a reFtifiGate of FegistFation, inspeGtiGn
32 St'GkeF that has been suspended or revnkizri Ar A WFeGker GOMpany that has been suspended o
33 removed frp-M. thee rGtatiGR lost shall be GGn6idered suspended, revoked or removed. If a viritteF4
34 request te appeal 66 AA-t MP-d- �.A.dthin the required time, the sus, P-r. rernn_�Val .-;hall be
35 fwa4-
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37 for a period ef at least six MORths from the date of reVOGatien.
38 Sec. 42-47994. - General prohibitions.
39 (a) It shall be unlawful for any person to drive, or cause to be driven, a wrecker to or near the scene
40 of a collision on a street within the city unless such person has been called to the scene by the police
41 department or by a party involved in the collision; provided, however, that the prohibition of this
42 subsection shall not be applicable when such actions are necessary to prevent death or bodily injury
43 to any person involved in a collision.
44 _(b) it shall be unlawful fer any person to engage in nenGGnsent tGws 'R the G ty unless SuGh peF60R
45 pesses6es a GUFFeRt, valid GeFtifiGate Gf registration. The PGi'Ge department shall he authGrized tG
46 summen wreGkers withOUt GeFtifiGate ef registFati y situations.
47 (bG) It shall be unlawful for any person to operate a tow truck in the city, unless it is equipped as
48 required by state law:
49 .;365 UIP-65GIri-hed hereiln tAW trnk And its required equipment shall be in safe operating Gondition at all
50 s roadway.
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I Sec. 42-48092. - Removal of motor vehicles from private property.
2 The driver of a tow truck who removes a vehicle from private property under this article
3 shall notify the city police department within 30 minutes of such removal. The information to be
4 provided in such notification shall include:
5 (1)The date, time and location of the removal;
6 (2)The physical description and license or registration number of the vehicle;
7 (3)The name of the certificate holder which performed the removal; and
8 (4)The storage location of the vehicle.
9 Sec. 42-48193. - Repossession of vehicles.
10 The driver of a tow truck who removes a vehicle for the purpose of repossessing the
11 vehicle shall be required to do the following:
12 (1)Contact the police department prior to making such repossession; and
13 (2)Present a written notice from the lien holder requesting such repossession which shall include the
14 following information:
15 a. Name of owner of said vehicle;
16 b. Date, time and location of the removal;
17 C. The physical description and license or registration number of the vehicle;
18 d. The name of the certificate holder which is to perform the removal; and
19 e. The storage location of the vehicle.
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21 II.
22
23 A. The effective date of this Ordinance shall be January 1, 2017.
24 B. All ordinances, parts of ordinances, or resolutions in conflict herewith are
25 expressly repealed.
26 C. The invalidity of any section or provision of this ordinance shall not
27 invalidate other sections or provisions thereof.
28 D. The City Council hereby finds and declares that written notice of the date,
29 hour, place and subject of the meeting at which this ordinance was adopted was posted
30 and that such meeting was open to the public as required by law at all times during
31 which this ordinance and the subject matter hereof were discussed, considered and
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I formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
2 Government Code, as amended.
3 Alternative 1.
4 By motion duly made, seconded and passed with an affirmative vote of all the
5 Council members present, the requirement for reading this ordinance on two separate
6 days was dispensed with.
7 READ, PASSED, and ADOPTED on first reading this day of
8 kA 0TV t 12016.
9 Alternative 2.
10 READ and APPROVED on first reading this the day of
11 , 2016.
12 READ, APPROVED and ADOPTED on second reading this the day of
13 ) 2016.
14
15
16 ALAN MCGRAW, Mayor
17 City of Round Rock, Texas
18
19 ATTEST:
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22 SARA L. WHITE, City C erk
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