Ord 47-2013 9/3/2013
ORDINANCE NO. 47-2013
Ordinance Amending The Code Of Ordinances Of The City Of Wichita
Falls To Add Section 102-41 To Authorize Police Officers To Impound
Motor Vehicles For Lack Of Insurance Or Valid Driver’s License And
To Modify Section 26-767 To Increase Allowable Non-Consent
Towing Fees; Repealing Conflicting Ordinances; And Providing For
Codification
WHEREAS, it is found that a large number of motor vehicles are operated on the
public streets of Wichita Falls without the State -mandated financial responsibility or
driver’s licenses and such uninsured motor vehicles or unlicensed operators constitute
a detriment to public safety;
WHEREAS, the City’s current contract for towing services provides for an
administrative fee of $25 to be passed through to motorists towed via police
authorization, upon City Council authorization of such an increase in the maximum
allowable towing fees, and this ordinance shall constitute such authorization;
WHEREAS, City Council desires to provide this $25 fee to account for additional
public safety and administrative costs attributable to reviewing insurance data and
driver’s license status, awaiting towing responses, and performing additional
administrative duties inherent in the impounding process; and
W HEREAS, City Council finds that the fees established herein are reasonably
representative of the costs of providing and administering the services for which the
fees are intended to provide.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Authority to Impound Vehicles Without
Insurance or Valid Driver’s License
Chapter 102 of the Wichita Falls Code of Ordinances is hereby amended to add
Section 102-41 to Article II thereof, which will read as follows:
102-41. Authority to Impound Motor Vehicles for Lack of Insurance or
Driver’s License
a. A police officer is authorized to remove or cause the removal of a motor
vehicle from a public place to a place designated by the chief of police
when the motor vehicle is involved in an accident or stopped by a police
officer for an alleged violation of a city or state traffic law or other law
applicable to the operation of a motor vehicle on the roadway and the
motor vehicle’s owner or operator fails to show:
i. evidence of financial responsibility as required under Chapter 6 01
of the Texas Transportation Code, as amended , or
ii. a valid driver’s license appropriate for the type of vehicle operated
by the operator of the motor vehicle. A suspended license is not
considered to be valid.
b. Prior to impoundment of the motor vehicle for failure to show evidence of
financial responsibility, the police officer shall verify the status of financial
responsibility by utilizing or obtaining the utilization of a verification
program established pursuant to Subchapter N of Chapter 601 of the
Texas Transportation Code.
c. Prior to impoundment of the motor vehicle for failure to show a valid
driver’s license appropriate for the type of vehicle operated by the
operator of the motor vehicle, the police officer shall verify the status of
licensure by utilizing or obtaining the utilization of a database of valid
motor vehicle licenses.
d. For purposes of this ordinance, “public place” means a place to which the
public or a substantial group of the public has access, other than a
privately owned parking area that is intended to provide parking for the
residence of the operator of the vehicle.
2. Increase in Allowable Towing Fees to account for
$25.00 Public Safety Towing Administration Fee
Section 26-767 of the Code of Ordinances of the City of Wichita Falls is amended to
read as follows:
Sec. 26-767. - Towing fees.
(a) A city permit holder performing consent tows may collect fees that are
deemed reasonable in accordance with the provisions set forth in Chapter
2308 of the Texas Occupations Code.
(b) City permit holders performing non-consent tows shall not charge fees
that exceed the maximum amounts described in the following
subsections.
(c) Rotation list towing fees:
(1) Light duty towing (towing a vehicle with a gross vehicle weight of
10,000 pounds or less):
a. A fee of $120.00 per hour shall be paid to a towing company
for towing a vehicle from one point to another location within
the city as directed by the police department. This fee
includes any work performed during the first hour. Time
posted after the first hour will be billed in increments of 15
minutes.
b. Second tow truck: In the event the police officer at the scene
determines that a second tow truck is required, a fee of
$120.00 per hour shall be paid to the towing company for
any work performed at the scene during the first hour after
the arrival of the second tow truck. Time posted for the
second tow truck after the first hour will be billed in
increments of 15 minutes. The use of the second tow truck
shall be approved by a police supervisor. Travel time is
excluded.
c. Use of a dolly: No additional fees shall be charged for the
use of a dolly.
(2) Medium duty towing (towing a vehicle with a gross vehicle weight
over 10,000 pounds but less than 25,000 pounds):
a. A fee of $150.00 per hour shall be paid to the towing
company for towing a vehicle requiring a medium duty tow
from one point to another location within the city as directed
by the police department. This fee includes any work
performed during the first hour. Time posted after the first
hour will be billed in increments of 15 minutes.
b. Second tow truck: In the event the police officer at the scene
determines that a second medium duty tow truck is required,
a fee of $150.00 per hour shall be paid to the towing
company for any work performed at the scene during the
first hour after the arrival of the second medium duty tow
truck. Time posted for the second tow truck after the f irst
hour will be billed in increments of fifteen (15) minutes. The
use of the second tow truck shall be approved by a police
supervisor. Travel time is excluded.
c. Use of a dolly: No additional fees shall be charged for the
use of a dolly.
(3) Heavy duty towing (towing a vehicle with a gross vehicle weight of
over 25,000 pounds):
a. A fee of $300.00 per hour shall be paid to the towing
company for towing a vehicle requiring a heavy duty tow
from one point to another location within the city as directe d
by the police department. This fee includes any work
performed during the first hour. Time posted after the first
hour will be billed in increments of 15 minutes.
b. Second tow truck: In the event the police officer at the scene
determines that a second heavy duty tow truck is required, a
fee of $300.00 per hour shall be paid to the towing company
for any work performed at the scene during the first hour
after the arrival of the second heavy duty tow truck. Time
posted for the second tow truck after the first hour will be
billed in increments of 15 minutes. The use of the second
tow truck shall be approved by a police supervisor. Travel
time is excluded.
c. Extra equipment: If the towing company is required to rent or
lease a piece of equipment which is not required in the
normal operation of a towing company, the actual cost for
lease or rental of such equipment may be passed on to the
vehicle owner.
d. A minimum of two towing company employees must respond
and share the responsibilities with each heavy duty tow truck
to expedite the clearing of the roadway and increase safety.
Failure to respond with two towing company employees will
be counted as a failure to respond and the tow truck will not
be allowed to work the scene.
(4) Public Safety Towing Administration Fee. For vehicles towed at the
instruction of a Police Officer, the rotation list towing fee is hereby
increased by $25.00.
(d) Hourly rates for private property non-consent tows include any work
performed during the first hour beginning up on arrival at the scene of the
tow. Time posted after the first hour will be billed in increments of 15
minutes. The hourly private property tow rates are as follows:
(1) Light duty: not more than $90.00.
(2) Medium duty: not more than $120.00.
(3) Heavy duty: not more than $205.00.
(e) When establishing or amending the allowable fees for non -consent tows,
the amounts shall represent the fair value of the services of a towing
company and are reasonably related to any financial or accounting
information provided to the city. In accordance with Texas Occupations
Code § 2308.203, the city establishes the following procedures relating to
towing fee studies to be followed upon a request from a towing company
that a study be performed. The following list is not all inclusive:
(1) The chief of police shall request financial records from requesting
towing company as they relate to vehicle insurance, registrations
and operating costs;
(2) The chief of police shall obtain current fuel prices;
(3) The chief of police shall review towing fees from other cities of
similar population;
(4) The chief of police shall submit a recommendation to the city
manager for action. At his discretion, the city manager may
authorize an increase or decrease in towing fees of not m ore than
25 percent, based upon the result of a requested towing fee study.
Recommended increases over 25 percent shall be taken to the city
council for consideration.
3. Repealing Conflicting Ordinances
All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
4. Codification
It is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the City
of W ichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
PASSED AND APPROVED this the 3rd day of September, 2013.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk