§ 8. VEHICLE WRECKER AND WRECKER COMPANY REGULATIONS
A.
DEFINITIONS
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise.
1.
Application means the written application form approved by the department and all required documentation and all applicable fees.
2.
Auxiliary tow lights means a set of red lamps, connected to the wrecker, which are attached to the rear of the towed vehicle, and when lit, will signal stops and turn movements of the towed vehicle.
3.
Consent tow means any tow conducted with the permission of, or at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative who is physically present at the law enforcement scene. A person subject to custodial arrest may not give consent.
4.
Conviction means a finding of guilt by a judge or jury, or any plea of guilty or nolo contendere, unless such conviction has been held invalid by the courts or the proceedings against the defendant have been dismissed and the defendant discharged by the court.
5.
Department means the City of Santa Fe Police Department.
6.
Emergency lights means flashing, rotating or strobe lights that are mounted above the roof of the wrecker. The lights shall be mounted as high and as wide as possible and visible in all directions when activated. A rearward facing directional arrow panel, mounted contiguous with the emergency lights, is permitted. Grill lights, side warning lights, and such are also permitted.
7.
Evidentiary crime scene means a crime scene in incorporated Santa Fe that requires the response of a law enforcement agency's specialized investigative unit(s). Examples include, but are not limited to, a homicide scene or an auto theft "chop shop."
8.
Heavy duty wrecker is a tow truck with a manufacturer's carrying capacity certificate of not less than twenty-six thousand (26,000) pounds and capable of supplying air for brakes and electrical power for lights to the towed vehicle. Except where a distinction is made, the term "wrecker" includes "heavy duty wrecker."
9.
Law enforcement officer means a Santa Fe Police Officer, or a peace officer for a law enforcement agency located in Galveston County, Texas (See Tex. Code of Crim. Proc. Chapter 2, Art. 2.12).
10.
Law enforcement scene means, but is not limited to, the scene of a crime, collision, or custodial arrest, or the location of a vehicle that is a traffic hazard, a recovered stolen vehicle, or an abandoned vehicle.
11.
Motor vehicle means a vehicle subject to the Texas Transportation Code §501.002 et. seq., and as hereafter amended, or any other device designed to be self-propelled or transported on any public highway, road or street.
12.
Non-consent tow means any tow conducted at a law enforcement scene or evidentiary crime scene without the permission of, or not at the direction of, the motor vehicle's legal or registered owner, or such owner's authorized representative, and includes a tow incident to arrest and situations where a vehicle is a traffic hazard.
13.
Non-consent tow list means the department shall maintain a master list of all wrecker companies to be utilized in the event of a tow conducted not at the permission or direction of the motor vehicle's legal or registered owner, or such owner's authorized representative.
14.
Operate means to drive or otherwise use a wrecker.
15.
Operator means any person operating a wrecker, regardless of whether the person owns the truck.
16.
Owner means any person who holds the legal title of the motor vehicle or who has the legal right of possession thereof.
17.
Person means a sole proprietor, partnership, corporation or LLC. An assumed name or DBA shall not be considered a "person" for the purposes of this article.
18.
Public road means a road, street, or a highway that has not been discontinued and that has been established by law and includes each publicly maintained road or highway opened to and used by the public.
19.
Storage company means an individual, partnership, corporation, or any other association that is engaged in the business of storing motor vehicles for compensation or the expectation of compensation. The term includes the owner, operator, employee, and/or agent of the storage company.
20.
Tow means the movement of a motor vehicle by a wrecker.
21.
Towing company means a "person" that is engaged in the business of towing motor vehicles on a public road, for compensation or with the expectation of compensation, or who owns or operates a wrecker for which a permit has been issued under this article. This term includes the owner, operator, employee, and/or agent of the towing company.
22.
Vehicle owner means the motor vehicle's legal or registered owner, or such owner's authorized representative who is physically present at the law enforcement scene.
23.
Vehicle storage facility means a state-licensed facility to store motor vehicles subject to non-consent tows under this article.
24.
Vehicle storage facility owner means an individual, partnership, corporation, or any other association (other than a governmental entity) that is engaged in the business of operating a garage, parking lot, storage lot or any type of facility to store motor vehicles subject to non-consent tows under this article.
25.
Working day means any day that the department conducts normal business, excluding holidays and weekends.
26.
Wrecker means a commercial motor vehicle equipped with, or used in combination with, a mechanical device which is adapted or used to tow, winch, or otherwise move a motor vehicle, which together with the towed vehicle has a gross vehicular weight, or actual weight, of 26,000 pounds or less. For purposes of convenience, the term "wrecker" as used throughout this article shall be deemed to include both the defined terms "heavy-duty wrecker" and "wrecker" unless a specific reference to the term "heavy-duty wrecker" is made.
27.
Wrecker permit means a tag issued by the department authorizing a specific wrecker to perform non-consent tows.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
B.
PERMIT REQUIRED TO ENGAGE IN NON-CONSENT TOWS; REQUIRED FACILITIES AND EQUIPMENT; APPLICATION; ISSUANCE
1.
No person shall engage in non-consent tows within the boundaries of the city without first obtaining a permit from the city. Non-consent tows shall include, but are not limited to, tows without the consent of the owner or operator of the vehicle.
2.
To obtain a permit to engage in non-consent tows, the following items must be complied with:
(a)
Wrecker company location must meet the requirements of the City of Santa Fe Zoning Ordinance.
(b)
Payment of a permit fee in the amount of two hundred dollars ($200.00) per company.
(c)
Maintenance of a storage yard in the minimum dimensions of eight thousand (8,000) square feet per company permitted. The storage yard must be composed of an all-weather surface such as concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times regardless of prevailing weather conditions. The surface shall also be free from overgrown vegetation. If not enclosed by a five (5) feet high fence on or before September 1, 1985, all storage yards shall be completely enclosed by a fence at least six (6) feet high composed of opaque materials so as to obscure outside viewing of the storage yard. The storage yard shall have a gate which is locked at all times when the licensee or employee is not at the storage lot. No two (2) vehicle storage facilities may operate at the same location.
(d)
Each tow truck must carry proper safety equipment. Proper equipment includes, but is not limited to the following:
1.
At least one 10 pound, or two 5 pound, multiple purpose fire extinguisher in good, working condition;
2.
Magnetic tow lights, and unless wireless, with appropriate cable and cushions to protect a vehicle's finish;
3.
Tow dollies as appropriate;
4.
Straps and tie downs as specified by the tow truck manufacturer;
5.
Gloves;
6.
Wheel chocks;
7.
Five gallon trash receptacle;
8.
Broom and shovel;
9.
Thirty-six inch crow bar; and
10.
Triangle reflectors, flares, cones, safety lights or other appropriate safety signals.
11.
Each tow truck shall have a legible manufacturer's data plate indicating the capacity of the boom, the winch, or the carry mechanism, or have a document in the truck from the manufacturer stating the capacity of the boom, the winch, or the carry mechanism.
12.
Every hydraulic line on each tow truck must be free of leaks and be in good working condition and free of defects.
13.
The winch must not exceed the capacity of the boom or leak oil.
14.
The cables must be as specified by the manufacturer and be in good condition, within manufacturer guidelines.
15.
Each tow truck must have a copy of the annual state inspection.
16.
Tow trucks placed in service after May 1, 2008, must contain the original manufacturer's warning labels on the truck, truck bed, winches, and all other accessories.
(e)
Maintenance of insurance coverage, including but not limited to garage keeper's legal liability insurance as required by the Texas Department of Transportation. Such insurance shall also include five hundred thousand dollar ($500,000.00) liability for each tow truck so as to protect pedestrians and motorists from negligent tow truck drivers. Each policy shall contain an endorsement providing for ten (10) days notice to the city in the event of change thereof or cancellation.
(f)
Maintenance of a 24-hour dispatch service, and vehicle storage facilities must allow vehicle owners to recover their vehicles on a 24-hour, 7-day basis with a minimum of one hour notice.
(g)
Completion of an application as delineated by the wrecker official, which shall contain the following:
1.
Name, address and telephone number of person making application.
2.
Year and make of tow trucks.
3.
Vehicle identification numbers.
4.
Vehicle certificate of title numbers.
5.
Empty weight of each tow truck and gross weight of each tow truck.
6.
Carrying capacity of each tow truck.
7.
Current state license plate number with month and year of expiration of each tow truck.
8.
Name, address and telephone number of the owner of the tow trucks.
9.
Two (2) color photographs of the tow trucks, one (1) of each side, showing the name, address and telephone number of the towing company operating the tow truck permanently inscribed or affixed on each side in letters of no less than two (2) inches in height. The lettering should be of a color sufficiently different from the color of the tow truck as to make it clearly and readily visible. Where the application is a renewal, these photographs do not have to be resubmitted unless physical changes have been made to the tow truck in question.
10.
Color photograph of all drivers or operators who will be operating a permitted tow truck, together with a copy of the driver's current driver's license. Photographs do not have to be submitted if the application is a renewal and there have been no changes in operators. New operators must submit photographs and a copy of current driver's license at the time of hire.
11.
Copy of the permits or licenses issued by Texas Department of Licensing and Regulation.
12.
Certificate of insurance.
13.
Address of storage yard, with a description of the fence, amount of land to be used and the physical condition of the land.
14.
Color photograph of the storage yard with a description of the fence.
15.
Address of the dispatch office.
(h)
Towing operators, as a condition of their license must comply with the protective clothing policy Towing operators must wear at all times when using or assisting in the use or operation of a licensed tow truck on the road or road-related areas:
1.
A uniform clearly marked with the tow company's name as it appears on department records; and
2.
A reflective vest or reflective jacket at all times while working outside the [tow] truck. A reflective vest or reflective jacket must meet the ANSI/ISEA 207-2006 requirements for high visibility safety apparel.
(i)
Execution of the following hold harmless agreement on behalf of the city: 'The towing company covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless, and defend the City of Santa Fe, Texas its officers, agents, and employees from and against any and all claims, suits, or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, arising out of or incident to the operation of its towing service and all other of its operations arising under or otherwise incident to the towing or storage of motor vehicles.'
(j)
Permits issued shall expire on December 31 of the year issued. Permits may be renewed upon expiration for an additional year upon payment of a two hundred-dollar permit fee and submission of current insurance and operational information.
(k)
If there is a vacancy in the wrecker rotation list, applications for the vacancy will be accepted beginning on November 1st of the year following the vacancy.
(l)
Permits are issued by the police chief, or his designee, after receiving the permit fee and after a showing of compliance by the applicant with all the prerequisites under the law.
(m)
The sale, assignment, or transfer of a permit issued under this section is prohibited.
(n)
Hold a valid Vehicle Storage Facility (VSF) license issued by Texas Department of Transportation.
(o)
It shall be unlawful for any person to drive a tow truck within the city unless such person holds a valid towing operator license issued by the Texas Department of Licensing and Regulation.
(p)
Owner/operators have not been convicted of a crime of the grade of Felony in the last five (5) years.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
C.
MAXIMUM NUMBER OF LICENSES ISSUED A PLACE ON THE CITY ROTATION LIST
The four (4) permitted towing companies holding a vehicle tow service rotation license on September 1, 2009, may apply for renewal as long as they remain qualified under the terms of this section. The city will issue no other vehicle tow service licenses until and unless the number of licensed towing companies on the city non-consent towing rotation list is three (3) or less. If at any time there are three (3) or fewer licensed towing companies on the city's non-consent towing list, the police chief or his designee will consider applications from other qualified companies. Those applications will be considered in the order in which they were filed, and the police chief or his designee shall issue a license to any qualified towing company based on their application until such time as there are four (4) qualified licensed tow truck companies on the city's vehicle tow service rotation list. The maximum number of companies licensed and on the city's rotation list will be limited to a total of four (4) companies. Final approval of any wrecker company wishing to be on the rotation list will be given by the Chief of Police. The Chief of Police reserves the right to disqualify any wrecker company that he determines does not meet the City of Santa Fe's standards.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
D.
NON-CONSENT TOWS
1.
A tow truck or towing company performing non-consent tows within the city must have and display a valid tow tag issued by the State of Texas Commission of Licensing and Regulation as required by Chapter 2308 of the Texas Occupations Code.
2.
Whenever a person other than the registered owner or person in possession of a motor vehicle, including a registered lien holder of the motor vehicle, authorizes the tow of a vehicle, that person or his agent shall make an oral report to the police department within one (1) hour of the time the vehicle was towed which shall include the following information:
a.
The license plate of the towed vehicle;
b.
The vehicle identification number of the towed vehicle;
c.
The year, make, model, and color of the towed vehicle;
d.
The name, address, and telephone number of the person authorizing the tow or the lien holder requesting the vehicle to be repossessed; and
e.
The location from which the vehicle was towed, the date and time of the tow, and the name, street address, and telephone number where the vehicle was taken for storage.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
E.
PRICE LIST FOR NON-CONSENT TOWS AND POLICE AUTHORIZED TOWS
1.
Towing companies may charge the following maximum fees for non-consent tows:
(a)
Fees for non-consent tows:
(1) Standard non-consent tow ..... $150.00 (2) Motorcycle non-consent tow ..... 175.00 (3) Heavy-Duty non-consent tow ..... 150.00 (Standard) + Heavy Duty Tow (4) Submerged Vehicle non-consent tow ..... 150.00 + Standard Tow (5) Boat w/trailer non-consent ..... 150.00 (6) Boat w/o trailer (flat-bed tow) ..... 150.00 (7) Impound Fee ..... 20.00 (protective measures) (8) Notification Fee ..... 50.00 (per statute) (9) Dolly Fee ..... 45.00 + Standard Tow (10) Ditch/Sand Pull ..... 65.00 + Standard Tow (if towed) (11) Rollover ..... 85.00 + Standard Tow (if towed) (12) Shift transmission under car ..... 15.00 + Standard Tow (if towed) (13) Remove Drive Shaft ..... 20.00 + Standard Tow (if towed) (14) Change Tire ..... 15.00 + Standard Tow (if towed) (15) Services Not Listed ..... 65.00 per hour (including not available status/standby, winch, offroad, extra man power) (16) Fuel surcharge ..... 20.00 (when fuel exceeds $3.00/gallon in our city.) (17) No Key ..... 35.00 (18) Clean-up ..... 35.00 (maximum) (b)
Daily storage fee: A VSF operator may not charge less than five dollars ($5.00) nor more than twenty dollars ($20.00) for each day or part of a day for storage of a vehicle that is twenty-five (25) feet in length. A VSF operator shall charge a fee of thirty-five dollars ($35.00) for each day or part of a day for storage of a vehicle that exceeds twenty-five (25) feet in length.
1.
A daily storage fee may be charged for any part of the day, except that a daily storage fee may not be charged for more than one (1) day if the vehicle remains at the vehicle storage facility less than twelve (12) hours. In this paragraph, a day is considered to begin and end at midnight.
2.
A VSF that has accepted into storage a vehicle registered in this state shall not charge for more than five (5) days of storage fees until a notice is mailed or published.
3.
A VSF operator that has accepted into storage a vehicle not registered in Texas shall not charge for more than five (5) days before the date the request for owner information is sent to the appropriate governmental entity. Such request shall be correctly addressed, with sufficient postage and sent by certified mail, or electronic certified mail, return receipt requested, to the governmental entity with which the vehicle is registered requesting information relating to the identity of the last known registered owner and lienholder of record.
4.
A VSF operator shall charge a daily storage fee, after notice is mailed or published, for each day or portion of a day the vehicle is in storage until the vehicle is removed and all accrued charges paid.
(c)
Police evidence tow: Any police supervisor on duty, in the exercise of his discretion, may direct that any vehicle being removed by a wrecker on the wrecker rotation list be taken by the driver of the wrecker directly to the police station, at the City's expense, and held there by the City for any lawful purpose.
(d)
Heavy duty tows to be contracted by next out wrecker.
(e)
All charges shall be listed on the towing invoice and the permit holder shall maintain a separate file for invoice copies pertaining to non-consent and police-authorized towing services for a period of two (2) years from the invoice date. Any officer of the police department may inspect such invoice(s) during regular business hours. Every invoice required to be kept under this section shall contain the towed vehicle's description by make, model, year, license number, and name of the tow truck driver in addition to charges incurred. Every invoice on non-consent tows shall include the above information along with the name, address, and phone number of the person authorizing the tow, accompanied by the reason the vehicle was towed, and the name, street address, and telephone number where the vehicle was taken for storage. Every invoice for police-authorized tows shall also include the name and badge number of the police officer who authorized the tow.
(f)
Impoundment fee: A VSF operator may charge a vehicle owner an impoundment fee if impoundment is performed in accordance with these rules. The impoundment fee may not exceed twenty dollars ($20.00). If the VSF operator charges a fee for impoundment, the written bill for services must specify the exact services performed for that fee and the dates those services were performed.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
F.
UNCLAIMED VEHICLES
Vehicle Storage Facilities will operate under the Texas Transportation Code Chapter 683—Abandoned Motor Vehicles.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
G.
TOW TICKETS
1.
A towing company must prepare and issue a tow ticket for each non-consent tow.
2.
A copy of the tow ticket must be given to the vehicle owner, if the owner or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility or place agreed upon by the towing operator and the vehicle owner.
3.
The tow ticket shall only authorize charges directly related to towing the vehicle to a designated location authorized by subsection 2 above.
4.
The tow ticket shall itemize each charge and must characterize the fees using the identical fee structure stated in the towing company's non-consent towing fee schedule on file with the department.
5.
The tow ticket must contain the registered name of the towing company, publicly listed telephone number, towing company certificate of registration number, and the full printed name and TDLR license number of the towing operator on file with the department.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
H.
PUBLIC SAFETY COMMITTEE
1.
Membership. There is hereby established a public safety committee, which shall be comprised of three (3) persons to be appointed by the Mayor and confirmed by the City Council. One (1) member of the committee shall be from a wrecker company who has obtained a city permit and is currently on the rotation list. Committee members shall serve for period of two (2) years, or until their successors are appointed. Members may be removed from the committee by the City Council with or without cause.
2.
Revocation or suspension of permits. To revoke or suspend a permit issued under this article, the chief of police, or his designee, shall apply to the public safety committee and prove by a preponderance of the evidence that the permittee has violated the terms of this article, including the standards of conduct. A permit issued under the provisions of this section may be denied, suspended, canceled, or revoked for any of the following reasons:
(a)
The permit holder has not been in compliance with the requirements of this section at any time since the permit has been issued;
(b)
The permit holder has committed any violation of state law regulating tow trucks;
(c)
The permit holder has committed any violation of the municipal ordinances regulating tow trucks;
(d)
The permit holder has violated any rules or regulations issued by the authority of the chief of police;
(e)
There have been three (3) or more violations of the municipal ordinances regulating tow trucks within any one (1) year period by any driver operating a tow truck of the permit holder or by any other agents or employees of the permit holder;
(f)
There have been four (4) or more moving violation convictions under the motor vehicle laws of the State of Texas within any one (1) year by any one driver while operating a tow truck of the permit holder;
(g)
The permit holder knowingly supplies false or incomplete information to obtain or maintain a permit;
(h)
The permit holder has been convicted of a felony within the last five (5) years, placed on probation, or convicted of a crime involving moral turpitude within ten (10) years; or
(i)
The permit holder, his agent, or employee fails to respond to tow truck calls from the police department in such a manner as to create unnecessary delays in the removal of wrecked or disabled vehicles from the roadway.
3.
Appeal of decisions of board. Upon the filing of a written appeal stating the permittee's grounds, the permittee may appeal a suspension or revocation to the City Manager and then to the City Council. The City Council has the discretion to reinstate the license.
4.
Hearing of complaints by permittee. The public safety committee shall also hear complaints, if any, by permittees in regards to the procedures of maintaining the rotation list, as well as hear complaints that the police department has failed to properly use the rotation list for non-consent tows.
5.
Hearing of complaints by customers. The public safety committee shall also hear written and notarized complaints by any customer of a Santa Fe Police Department law enforcement scene tow regarding the alleged failure of tow truck companies to comply with the standards of conduct. Any complaints other than from a customer of a Santa Fe Police Department law enforcement scene tow will be referred to the Texas Department of Licensing and Regulation.
6.
Citizens right to hearing. As provided for in Section 685.003 of the Texas Transportation Code, if a motor vehicle has been removed from a parking facility and placed in a vehicle storage facility without the consent of the owner or operator, or by a non consent police tow, the owner or operator is entitled to a hearing to determine whether or not just cause existed for the removal and placement of the vehicle.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
I.
WRECKER OFFICIAL
The chief of police shall designate a wrecker official, who shall review applications, inspect tow trucks, and assist the public safety committee with staff support.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
J.
STANDARDS OF CONDUCT FOR PERMITTEES
A permittee under this article shall adhere to the following standards of conduct:
1.
Abide by all reasonable instructions of police officers and EMS personnel and other city officials at the law enforcement scene.
2.
Shall not engage in price gouging. Price gouging shall consist of charging a fee that is in excess of the prices listed with the police department.
3.
Respond to scenes within twenty-five (25) minutes (unless the safety of the public or police officer requires a more prompt response time due to the circumstances) if the call is accepted.
4.
Promptly notify the police department if the permittee cannot respond within twenty-five (25) minutes.
5.
Allow tow trucks, yards and business premises to be inspected by the city.
6.
Carry a city permit and proof of insurance on each truck.
7.
Use due care in the towing of vehicles.
8.
Use due care in the maintenance of vehicles that are stored.
9.
Use due care to maintain the tow trucks in optimum operating condition.
10.
Use due care not to unreasonably interfere with the personnel at a law enforcement scene.
11.
Use due care in the orderly arrival at a law enforcement scene.
12.
Use due care to clean the site at a law enforcement scene.
13.
The fact that a police officer is not present at the scene of an accident when a tow truck arrives shall not constitute an exception to this section nor any other section, and it shall be the duty of the owner or driver desiring to tow or haul any wrecked or disabled vehicles from the scene of an accident to cause the police to be notified of the occurrence of the accident and to await the arrival of a police officer. A tow truck driver shall not remove any wrecked or disabled vehicle from the place where the accident or collision has occurred or attach his tow truck to the wrecked or disabled vehicle until the driver of the vehicle has given permission and until the police officers of the city investigating the accident or collision have completed their investigation.
14.
Abide by all the terms as denoted in this article.
15.
All licensees under this article shall comply with all applicable state laws, inclusive of policies, procedures, rules and regulations.
16.
Any police officer may confiscate the driver's license of the driver of a city tow truck if the tow truck driver interferes with the officer while at the scene. If the driver license is confiscated, it shall be accompanied by a written memo indicating the reason for the confiscation and given to the on-duty supervisor. The supervisor shall then forward the confiscated item, along with a memo, to the chief of police or his designee. The chief of police shall investigate or cause an investigation to be conducted to determine whether further disciplinary action is warranted, including revoking or suspending the tow truck driver's license to drive or termination of the police-authorized tow agreement if there is one, or both.
17.
No tow truck driver shall, nor allow any person under his control to, ignite a match, lighter, or other flammable object within a distance of fifty (50) feet in any direction from the location of the law enforcement scene. The tow truck driver and any person under his control shall not enter into such area with a lighted cigarette, cigar, pipe, or other burning material.
18.
It shall be the duty of the tow truck driver of each tow truck that picks up a wrecked or disabled vehicle for the purpose of towing to clear the street of any and all debris, parts, or glass. In the event two (2) or more tow trucks pick up vehicles for towing, it shall be the duty of each tow truck driver to clear the street of debris, parts, or glass.
19.
Operators shall maintain proper conduct at all times when performing a law enforcement scene tow from the initial call for service until the towed vehicle is delivered to the VSF. Inappropriate conduct includes, but is not limited to, fighting, assault, threatening the use of force, use of profanity, or any exhibition of disorderly conduct. Towing companies shall be responsible for the conduct of their operators. Improper conduct of an operator shall be grounds for suspension or revocation of a towing company's permit.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
K.
QUALIFICATIONS OF TOW TRUCK DRIVERS
All tow truck drivers shall be over twenty-one (21) years of age, possess a current valid Texas Driver's License, and not been convicted of a crime of the grade of Felony in the last five (5) years. All tow truck drivers shall maintain a valid Texas Department of Licensing and Regulation license to operate a tow truck. Towing companies shall have an affirmative duty to disclose to the city if any of their operators have been convicted as stated above, subsequent to the issuance of a permit.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
L.
TOW TRUCK OPERATORS TO COMPLY WITH TRAFFIC REGULATIONS
Unless directed otherwise by a police officer, a tow truck operator shall adhere to all traffic regulations.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
M.
INFLUENCE BY POLICE OFFICERS IN CHOICE OF WRECKER SERVICE
1.
No police officer investigating or present at the scene or site of any wreck, accident, collision, or other law enforcement scene on a public street shall, directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of any particular person engaged in a wrecker service or repair 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 or repair service; provided that any police officer, in the exercise of his discretion as a police officer, may direct that any vehicle, whether towed by a wrecker selected by the owner or towed by a wrecker selected from the wrecker rotation list, be taken by the driver of the wrecker towing the vehicle directly to the city police station and there held by the city for any lawful purpose. The police officer shall have the discretion in an emergency involving serious injuries to select any wrecker service that is available at the scene to remove vehicles so as to remove impediments in the streets or rights-of-way.
2.
Upon arrival at the scene of a wrecked or disabled vehicle, the police officer shall determine if a police-authorized tow is necessary. If a police-authorized tow is necessary, the police officer shall advise dispatch and the rotation list shall be utilized to dispatch the required number of tow trucks to the scene.
3.
If the owner or driver of the motor vehicle that is wrecked or disabled has a tow truck preference, that request will be honored if it will not cause undue delay and immediate towing is unnecessary. Any towing company may tow the vehicle at the owner's or driver's request as long as the towing company has a valid license issued by the State of Texas Department of Licensing and Regulations as required by Chapter 2308 of the Texas Occupations Code. If the wrecked or disabled vehicle has any part or portion thereof upon the roadway, the tow truck responding at the owner's or driver's request, shall have twenty-five (25) minutes to arrive at the scene and remove the vehicle from the roadway. The police officer on the scene has the discretion to determine if a shorter period of time to arrive at the scene is necessary to protect the safety and welfare of the public and the vehicle may then be towed pursuant to a police-authorized tow.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
N.
PENALTY
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of this section. Any violation of any portion of this section during all or any portion of any day shall be considered a separate offense and punishable in accordance with Chapter 1, Code of Ordinances, Section 5, General Penalty for Violations of Code. If the City Council determines that a violation of this [section] creates a threat to the public safety, the City of Santa Fe may bring suit in district court to enjoin the person, firm, company, partnership, corporation, or association from engaging in the prohibited activity. The City of Santa Fe is not required to give bond as a condition to the issuance of injunctive relief.
(Ordinance No. 07-2013 of April 11, 2013, Sec. 1)
Editor's note
Ordinance No. 07-2013, § 1, adopted April 11, 2013, amended the Code by amending in its entirety the former Chapter 4, § 8, and adding a new § 8. The former Chapter 4, § 8 pertained to vehicle wrecker and wrecker company regulations, and derived from Ordinance 22-2009 adopted October 8, 2009; Ordinance No. 10-2012 of March 8, 2012; Ordinance No. 11-2012 of April 12, 2012.