Ord 36-2010 7/20/2010 ORDINANCE NO. 36-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Article VIII, Wrecker Businesses, of Chapter 26 Of The
Code Of Ordinances; and Providing For A Penalty Not To Exceed
$500 Per Violation
WHEREAS, the City Council finds that its tow truck ordinance needs to be
updated in order to comply with changes to State law;
WHEREAS, the City Council finds that the regulations in this ordinance are
directly related to ensuring the safety of the community;
WHEREAS, the City Council finds that requiring towing companies to utilize
vehicle storage facilities in the City limits of Wichita Falls prevents the unsafe practice
of non-consent tows of vehicles out of the City limits of Wichita Falls and into another
jurisdiction, which creates an unsafe situation for the stranded vehicle owner, who
would be forced to travel long distances, putting himself in unnecessary danger from
mechanical defect and physical danger; and
WHEREAS, the City Council finds that it is reasonable and necessary to prohibit
the police department from issuing rotation list contracts to persons who have
committed felonies and crimes of moral turpitude in the recent past, and persons
cannot be considered free of such evidence of "criminal tendencies" for towing
purposes for a period of at least five years after completion of a sentence for the
aforementioned criminal activities;
WHEREAS, the City Council finds that prohibiting rotation list contracts with
towing companies that are owned, controlled or influenced by persons who have not
completed sentences for felonies or crimes of moral turpitude at least five years before
the date of the contract reasonably furthers the City's interest of (1) protecting police
evidence in the possession of towing companies from being tampered with by affiliates
of said companies with criminal tendencies, (2) protecting persons retrieving their
vehicles from towing companies from theft, dishonesty, or other crimes committed by
affiliates of said companies with criminal tendencies, and (3) furthering governmental
integrity by limiting contracts with towing companies owned, controlled or influenced by
persons with criminal tendencies;
WHEREAS, the City Council finds that prohibiting rotation list contracts with
towing companies that owe delinquent fees or taxes to the City is reasonably related to
the City's objectives of (1) collecting said delinquent fees and taxes and (2) protecting
the public from towing companies who may be tempted by their debts to unlawfully
remove property from towed vehicles, charge excessive amounts for return of vehicles,
or otherwise behave dishonestly towards owners of vehicles entrusted to said
companies; and
WHEREAS, City Council finds that the prohibitions of this ordinance on contracts
with towing companies owned, controlled or closely affiliated with criminals and persons
who owe debts to the City are reasonably related to the aforementioned objectives and
the objective of preventing the use of artificial entities to evade mere prohibitions on
directly contracting with criminals and persons who owe debts to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Article VIII, Wrecker Businesses, of Chapter 26 of the City of Wichita Falls
Code of Ordinances is amended to read as follows:
"ARTICLE VIII. WRECKER BUSINESSES
Sec. 26-756. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Accident means any occurrence which renders a vehicle wrecked or disabled, as defined in this section.
Chief of Police means the chief of police for the City ar the person designated by him to act in his stead for
the purposes of this article.
City permit means authorization granted to a towing company by the City under this article to tow vehicles
within the City.
Ciry permit holder means any entity possessing a current, valid City permit to tow vehicles within the City.
Consent tow means any tow of a vehicle in which the tow truck is summoned 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 an
incident management tow or a private property tow.
Disabled means the status of any vehicle which had been rendered unsafe to be driven upon the streets as
the result of some occurrence other than a wreck, including but not limited to mechanical failures or breakdowns,
fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a tow truck.
Hazardous material means (1) any substance classified as a hazardous material under state or federal law or
under a rule adopted pursuant to state or federal law; or, (2) a chemical petroleum product, gas or other substance
that, if discharged or released, will or is likely to create an imminent danger to individuals, property or environment.
Incident management tow means any tow of a vehicle in which the tow truck is summoned by a peace
officer because of a traffic accident or to an incident.
Non-consent tow means any tow of a vehicle that is not a consent tow, including an incident management
tow and a private properiy tow.
Parking facility means public or private property used, wholly or partly, for restricted or paid vehicle
parking. The term includes:
(a) a restricted space on a portion of an otherwise unrestricted parking facility; and
(b) a commercial parking lot, a parking garage, and a parking area serving or adjacent to a business,
church, school, home, apartment complex, property governed by a property owners' association, or government-
owned property leased to a private person, including:
(1) a portion of the right-of-way of a public roadway that is leased by a governmental entity
to the parking facility owner; and
(2) the area between the facility's property line abutting a county or municipal public roadway
and the center line of the roadway's drainage way or the curb of the roadway, whichever is
farther from the facility's property line.
Parking faciliry owner means:
(a) an individual, corporation, partnership, limited partnership, limited liability company, association,
trust, or other legal entity owning or operating a parking facility;
(b) a property owners' association having control under a dedicatory instrument, as that term is
defined in Texas Property Code §202.001, over assigned or unassigned parking areas; or
(c) a property owner having an exclusive right under a dedicatory instrument, as that term is defined in
Texas Property Code §202.001, to use a parking place.
Police department means the City of Wichita Falls Police Department and its officers, authorized
employees and agents.
Police tow means an incident management tow initiated when the police department calls a rotation contract
holder from a rotation list.
Private property tow means any tow of a vehicle authorized by a parking facility owner without the consent
of the owner or operator of the vehicle. Private property towing permit refers to a state-issued permit required for a
tow truck used to perform a non-consent tow authorized by a parking facility owner. A tow truck permitted for this
type of tow may also be used for consent towing but not for incident management towing, in accordance with Texas
Occupations Code, §2308.104.
Public roadway means a public street, alley, road, right-of-way, or other public way, including paved and
unpaved portions of the right-of-way.
Rotation contract means an agreement between the City of Wichita Falls and a towing company to perform
police tows.
Rotation contract holder means a towing company contracted with the City of Wichita Falls to perform
police tows.
Rotation list means any list prepared in accordance with a rotation contract and the provisions of this article.
State means the State of Texas and its offices, departments and agencies.
Towing company means an individual, association, corporation or other legal entity that controls, operates
or directs the operation of one or more tow trucks over a public highway in Texas, but does not include a political
subdivision of the state.
Tow truck means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow,
winch, or otherwise move another vehicle.
Vehicle means a device in, on, or by which a person or properiy may be transported on a public roadway.
The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does
not include a device moved by human power or used exclusively on a stationary rail or track.
Vehicle owner means a person:
(a) named as the purchaser or transferor in the certificate of title issued for the vehicle under Chapter
501 of the Texas Transportation Code;
(b) in whose name the vehicle is registered under Chapter 502 of the Texas Transportation Code, ar a
member of the person's immediate family;
(c) who holds the vehicle through a lease agreement;
(d) who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel
mortgage; or
(e) who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.
Vehicle storage facility means a vehicle storage facility, as defined by Texas Occupations Code §2303.002,
that is operated by a person who holds license issued under Chapter 2303 to operate the facility.
Wrecked means the status of any vehicle damaged in any manner of collision which renders the vehicle
inoperable mechanically or unsafe to operate.
Sec. 26-757. Applicability.
The prohibitions and requirements of this article shall apply to all vehicles towed on public roadways
located in the City. This article shall also apply to vehicles seized by the police department.
Any tow truck operated within the City shall be in full compliance with all applicable state and federal
rules, including but not limited to those pertaining to vehicle registration, insurance and safety equipment.
Sec. 26-758. Emergency aid excluded.
The prohibitions and requirements of this article shall not apply to any person who necessarily must act
immediately to prevent death or bodily injury to any person involved in an accident.
Sec. 26-759. Towing By Vehicle other Than Tow Truck,
A vehicle may be pushed or towed by vehicle other than a permitted tow truck only when it does not
reasonably require removal by a tow truck and only when such may be done in a safe and legal manner.
Sec. 26-760. Permit Required; Application; Fee.
(a) A towing company that desires to tow vehicles shall obtain a City permit from the City. Companies
that desire to perform police tows shall enter into a rotation contract with the City. All non-consent tows shall
terminate within the City limits, except when directed by a law enforcement agency.
(b) An applicant for a new or renewal City permit shall submit, on a form provided by the City, a
verified application containing or accompanied by the following:
(1) The true name, the trade name, location and mailing address, and telephone number of the
towing company;
(2) The name, date of birth and home address of the applicant if a sole proprietorship;
(3) The name, date of birth and home address of each partner if the applicant is a partnership;
(4) The name, date of birth and home address of each corporate officer, if the applicant is a
corporation;
(5) The name, address and driver's license number of every tow truck driver employed by the
applicant;
(6) The location of the applicant's vehicle storage facility and a photocopy of the state license
for the facility;
(7) A certificate from the City/county tax assessor-collector that all City taxes on all
properties, real and personal, to be used in connection with the applicant's business are
current;
(8) A certificate of liability insurance issued by a company authorized to do business in the
state which identifies coverage in the amounts required under this article; and
(9) For each tow truck the applicant intends to utilize:
a. The make, model, size and model year;
b. The vehicle identification number;
c. The state license plate number;
d. The state tow truck license plate number; and
e. A photocopy of the certificate of registration issued by the state.
(10) Copies of all permits as issued by the state for specific types of towing (Incident
Management Towing, Private Property Towing and/or Consent Towing).
(11) Copies of all appropriate licenses for each tow truck driver and towing companies.
(12) Copies of continuing education requirements for license holders.
(c) Every application for a new or renewal City permit and/or rotation contract required under this
article shall be sworn to by the applicant ar City permit and/or rotation contract holder, and shall be accompanied by
payment of a fee o£
(d) $15.00 per new or renewal City permit.
(e) $200.00 per new or renewal rotation contract.
(fl No City permit or rotation contract shall be transferred or assigned from any person or company to
another. When any change of ownership or change of controlling interest occurs, any existing City permit and/or
rotation contract shall immediately terminate.
Sec. 26-761. Rotation Contracts and Police Tows.
(a) All police tows shall be undertaken pursuant to the terms and conditions of a rotation contract
specifically executed between the City and the towing company. All such related services and fees shall be
established as a provision of the contract for services.
(b) The City may not execute a rotation contract with a towing company i£
(1) one ar more of the following entities has been convicted of a felony or crime of moral turpitude
and five years has not elapsed since the conviction and completion of any sentences, parole, or
probation that resulted from the conviction:
a. the towing company,
b. any of the towing company's owners or officers,
c. any of the towing company partners, if the towing company is a partnership,
d. any of the towing company's managers or members who have authority to make
decisions on behalf of the entire company, if the towing company is a limited
liability company,
e. any of the towing company's directors, if the towing company is a corporation ar
other entity with directors,
f. any of the towing company's trustees, if the towing
company is a trust, ar
g. any owner of all or part of a vehicle storage facility or
any tow truck utilized by the towing company.
For purposes of this subsection (b)(1), a person shall be considered convicted if they entered into a
deferred adjudication or otherwise entered a plea of guilty or no contest.
(2) one or more of the following entities owes delinquent fees or taxes to the City of Wichita
Falls:
a. the towing company,
b. any of the towing company's owners or officers,
c. any of the towing company pariners, if the towing company is a partnership,
d. any of the towing company's managers or members who have authority to make
decisions on behalf of the entire company, if the towing company is a limited
liability company,
e. any of the towing company's directors, if the towing company is a corporation or
other entity with directors,
f. any of the towing company's trustees, if the towing company is a trust, or
g. any owner of all or part of a vehicle storage facility or any tow truck utilized by
the towing company.
This subsection (b)(2) shall not apply to the extent the City is prohibited by state or federal law
from considering the debt in authorizing a permit or other governmental benefit.
(c) The towing company applicant must fully complete and verify a rotation contract application,
which shall be in a form promulgated by the Chief of Police.
Sec. 26-762. Issuance and Expiration of Permits and Contracts.
(a) The City shall issue a City permit to every towing company complying with this article unless legal
grounds exist for denying such a permit.
(b) The City shall issue to each City permit holder an inspection permit for each tow truck that passes
an inspection pursuant to Sec. 26-766. The inspection permit shall be prominently displayed on the left side of the
front windshield.
(c) Operating a tow truck without an inspection permit issued by the City, as required by this article,
shall be unlawful.
(d) Any person permitting the operation of a tow truck owned by that person or by a another legal
entity of which the person is an agent when the tow truck does not have an inspection permit issued by the City as
required by this article is committing a violation of this article.
(e) Every City permit shall expire at 11:59 p.m. on September 30 of each year.
Sec. 26-763. Insu rance.
Every towing company having a City permit shall carry general liability coverage and workers'
compensation or accident insurance in the amounts required by the OccuPATiONS CoDE Chapter 2308.
Sec. 26-764. O peratio ns.
(a) The Chief of Police is authorized to establish rotation lists for police tows. The lists are composed
of tow truck companies that have entered into rotation contracts with the City, and that have requested and are
qualified to appear on a particular list. The police deparnnent shall establish and maintain these lists so as to
alternate among the towing companies as much as practicable while ensuring each towing company receives all of its
allotted rotation list slots. From the rotation lists, the police department shall call a towing company to:
(1) Remove a wrecked or disabled vehicle, or a vehicle in safe driving condition, but whose
owner is not present, able or pernutted to drive or to make authorizations; and
(2) Remove a wrecked or disabled vehicle when the owner fails to designate a specific repair
place or tow truck operator to remove his vehicle, and has authorized the police
deparhnent to call a tow truck.
(3) Remove a vehicle that the police department has determined is evidence or that may
contain evidence in a criminal investigation.
(b) If the owner of a disabled vehicle is physically unable to designate to a police officer on the scene
a City permit holder to remove the vehicle or the owner fails or refuses to designate one or has no preference, the
police officer shall communicate that fact immediately to the police communications center or its authorized agent.
(c) If the owner of the vehicle does not designate a City permit holder, and the police officer contacts
the communications center requesting a tow, the dispatch of the call shall constitute a police tow. The responding
rotation contract holder shall deliver the vehicle to the location requested by the owner; however, the call remains a
police tow. The vehicle owner shall pay the towing fees in this situation and the towing company may charge
reasonable towing fees for this service.
(d) If, after arrival at the scene, the police officer in charge determines that assistance is needed, the
rotation contract holder on site shall dispatch immediately another tow truck of his choice.
(e) If, after arrival at the scene, and before the tow truck begins to depart from the scene, the owner of
the vehicle requests the vehicle not be towed, the police officer may inform the Tow Truck driver to leave the
vehicle at the scene. At that point, the police officer shall notify communications center to place the rotation contract
holder back at the top of the rotation list.
Sec. 26-765. Equipment And Vehicle Storage Facility Required.
(a) An applicant for a City permit required under this article or an applicant for a permit renewal shall
own or lease the following:
(1) The types of tow trucks and equipment required to safely conduct tows in accordance
with the provisions of �xas OCCUPATIONS CoDE Chapter 2308.
(2) Storage facility. The applicant must own or have use of a storage facility licensed under
the occupation Code and be in full compliance with all relevant State statutes. The
facility shall be located within the corporate city limits and must be completely enclosed
with adequate fencing, locks, and other security devises as necessary to maintain security
of stored vehicles. A towing company is not required to avn or lease a storage facility if it
only tows vehicles owned by the towing company.
(b) A towing company that wishes to enter into a rotation contract with the City shall own or lease, at
the minimum, three of the following types of tow truck� one of which must be a heavy duty tow truck
(1) Medium duty tow truck: Capable of towing motor vehicles with a gross weight rating of
more than 10,000 pounds, but less than 25,000 pounds and
(2) Heavy duty tandem axle tow truck: Capable of towing motor vehicles with a gross weight
rating that exceeds 25,000 pounds and equipped with a minunum of a 12,000 pound
wheel lift under reach, a minimum of two 20,000 pound winches, and a boom rated at not
less than a 25 ton lift capacity.
(3) Should a towing company choose to operate one or more medium duty tow trucks, at least
one of the medium duty tow trucks shall have a boom and winch rated at not less then
8,000 pound lift capacity and a wheel lift device rated at not less than 4,500 pounds
(c) At a minimum, all tow trucks shall be equipped with the following equipment, which at all times
shall be maintained in working order:
1. Wrecking bar;
2. Towing lights;
3. Emergency overhead warning lights;
4. Safety chain;
5. Fire extinguisher (A.B.C. Type); Slb minimum required
6. Broom;
7. Shovel;
8. Reflectors or traffic cones;
9. Trash container;
10. Two-way voice or computer communication between tow truck and company dispatcher;
11. Backing warning signal; and
12. Wheel chocks (exception: roll-backs and wheel-lift tow trucks).
(d) Each tow truck shall have the name, City and state of the City permit holder, as shown on its
permit, on each side of the tow truck. The name, City, state and te(ephone number of the towing company shall
appear in letters at least two inches high, which are permanently affixed, legible and on a contrasting background.
Magnetic or other forms of removable signs shall not comply with this requirement.
Sec. 26-766. Inspection Of Tow Trucks And Equipment.
Any holder of a City permit or an applicant for a City permit required under this article, by virtue of making
application, agrees to allow the inspection of tow trucks, tow truck equipment and storage facilities by the Chief of
Police between the hours of eight a.m. and five p.m. on weekdays. In addition, each tow truck and the required
equipment authorized under a contract shall be subject to intermittent inspection to assure compliance with this
article. 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. The Chief of Police shall issue an inspection permit for each
tow truck utilized by a towing company that has passed inspection. The inspection permit shall have written upon it
the vehicle identification number of the tow truck to which it is affixed. The inspection permit shall be prominently
displayed on the left side of the front windshield. A tow truck that fails an inspection or that is not made available for
inspection within 3 business days after written request for inspection by the Chief of Police shall not be issued an
inspection permit, and any previously issued inspection permit issued to that tow truck shall be void. A towing
company that wishes to have a tow truck inspected after the truck has failed or been unavailable for inspection must
send a request for inspection to the Chief of Police in writing, and must pay a$100 inspection fee for each failing or
unavailable tow truck that towing company wishes to have inspected.
Sec. 26-767. Towing Fees.
(a) A City permit holder performing consent tows may coflect fees that are deemed reasonable in
accordance with the provisions set forth in Texas Occupations Code, §2308.
(b) City permit holders performing non-consent tows shall not charge fees that exceed the maximum
amounts described in the following subsections.
(a) A City permit holder performing consent tows may collect fees that are deemed reasonable in
accordance with the provisions set forth in Texas Occupations Code, §2308.
(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 goss 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 first 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 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 I S 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 far 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.
(d) Hourly rates for private property non-consent tows include any work performed during the first
hour beginning upon 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 fmancial 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
more 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.
Sec. 26-768. Storage Fees and Charges.
(a) Under this article, a City permit holder may charge the owner of the vehicle a storage fee and other
charges as permitted by TE�s OccuPnT�oNS CoDE Chapter 2303.
(b) City Impound. The City may charge the owner of the vehicle a storage fee permissible by law. For
purposes of imposing a daily storage fee, a day begins at midnight and ends at 11:59 PM the same day. A daily
storage fee may be charged regardless of whether the vehicle is stored for 24 hours total, except that a daily storage
fee may not be charged for more than one day if the vehicle remains at the facility for less than 12 hours. In addition
to the storage fees, the City may charge a preservation fee of $20.00 to cover the costs of preservation and
evidentiary processing of stored vehicles. Vehicles held as evidentiary material pertinent to an ongoing criminal
investigation are not subject to any fees. The owner, however, will be responsible for storage fees if the Vehicle is
not claimed within 72 hours of notification. All fees shall be paid prior to releasing the vehicle to the owner. If the
owner or any lien holders of record does not reclaim the vehicle within the time period prescribed by law, the vehicle
shall be deemed abandoned and used or sold in accordance with the requirements of TE7c.as OccuPATtotvs CoDE
Chapter 2303.
Sec. 26-769. Reserved.
Sec. 26-770. Influence Over Selection of Towing Company.
A police officer investigating or present at any scene where the services of a tow truck are reasonably
anticipated to be necessary shall not directly or indirectly recommend to any person the name of any towing
company, nor shall any such police officer influence or attempt to influence in any manner the decision of any person
on choosing or selecting a towing company.
Sec. 26-771. Driving Tow Trucks to Scene of Collision.
No person shall drive or cause to be driven a Tow Truck to or near the scene of an accident on a public
roadway unless such person has been called to the scene by the police communications center or its authorized agent
or by a party involved in the accident.
Sec. 26-772. Duties Of Towing Companies.
(a) It shall be the obligation of all City permit holders to operate towing companies so as to provide
safe and prompt removal of wrecked, disabled or police tow vehicles when properly called upon to do so in
accardance with this article.
(b) The duty to provide safe and prompt towing service upon call includes but is not limited to the
following specific duties:
(1) Upon arrival at the scene of an accident, towing company personnel shall take directions
from the police officer in charge of that scene.
(2) Any person who tows any vehicle from the scene of an accident shall remove debris of the
accident from the public roadway. This duty specifically includes removal of all broken
glass and metal fragments from the public roadway and the removal of any load of any
vehicle from the traveled portion of the public roadway so as to eliminate any hazard to
vehicular traffic. This does not include responsibility to unload cargo from a vehicle in
order to permit hauling of the cargo separately. Debris shall be disposed of in a manner
which will keep it out of gutters, storm sewers, streams, public rights-of-way and property
not belonging to the towing company. The officer on the scene of an accident may
provide assistance in locating a place for disposal of such debris.
(3) No City permit holder shall store any vehicles or tow trucks on the public roadways or
rights-of-way. City permit holders shall use reasonable care in the starage of property not
belonging to the permit holder so as to minimize the risk of theft or damage.
Sec. 26-773. Towing Vehicles That Contain Hazardous Materials.
(a) No towing company seeking to tow a vehicle which contains, or is reasonably believed to contain,
hazardous materials may accomplish the tow unless, pursuant to 49 U.S.C. §§ 1801, 5107--5109, 5125; 49 C.F.R.
387; TEx. T�vs. CoDE §§ 522.003(19), 522.041--522.043, and all other applicable federal and state law:
(1) The tow truck is registered to transport hazardous materials;
(2) The tow truck has been issued pertinent permits to transport same; and,
(3) The driver of the tow truck is licensed to transport hazardous materials.
(b) In the event a towing company seeks to tow a vehicle containing, or reasonably believed to
contain, hazardous materials, and the materials have leaked or appear to be leaking, the towing company shall
immediately advise the Wichita Falls Fire Department of the leakage. The vehicle will not be moved until inspected
by the fire department. The fire deparhnent will be the sole authority in determining the appropriate precautions to be
taken prior to authorizing the vehicle to be moved by the towing company.
Sec. 26-774. Non-Consent Private Property Tows.
(a) A towing company that tows a vehicle from a parking facility without the Vehicle Owner's
permission shall within one hour after receiving the vehicle report (by telephone, in person, or by facsimile) to the
police department:
(1) A general description of the vehicle;
(2) The state and number of the vehicle's license plate;
(3) The VIN of the vehicle;
(4) The location from which the vehicle was towed; and
(5) The name and location of the vehicle storage facility where the vehicle is being stored.
(b) If a vehicle removed from a parking facility is later determined to be stolen, the towing company
shall not be reimbursed by the City for towing the vehicle from the parking facility to the company's lot. As a stolen
vehicle is evidence in a crime, the City may seize the vehicle in accordance with Texas Law. In the alternative, the
City may elect to allow the towing company to maintain custody and control of the stolen/recovered vehicle;
however, the charges for storage cannot exceed those normally imposed by the Wichita Falls Police Department in
its impound facility. Additionally, the Towing Company shall be responsible for any and all other procedures in
accordance with the Texas Occupations Code Chapter 2303.
Sec. 26-775. Filing of and Investigating Complaints Concerning Wrecker Companies.
Any complaint regarding a towing company shall be submitted in writing to the Wichita Falls Chief of
Police. The complaint shall be specific as to the allegations and shall be signed by the individual submitting the
complaint. Complaints will be investigated to the fullest extent possible.
Sec. 26-776. City's Right To Refuse Vehicle.
The City retains the right to refuse the delivery of any impounded vehicle if the delivered vehicle is
improperly towed or "dropped" at a location other than that designated by the police deparhnent. In those instances
wherein the City refuses to accept a vehicle, a City tow truck or another towing company on rotation will be called to
complete the delivery. The original towing company will not be paid for the call, and the call will be considered an
unjustified pass. Additional action may be taken against a towing company improperly towing or "dropping" a
vehicle in accordance with the terms of the contract and of this article.
Sec. 26-777. Administrative Disposition of Violations By City Permit Holders.
(a) In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any section
of this article, the Chief of Police shall have, as to the holder of any City permit or as to any applicant therefore, the
duty and authority to enfarce this article by administrative action in accordance with these principles and procedures.
(b) The proper and safe functioning of towing companies has critical impact on the health, safety and
welfare of the public and involves use of the public roadways, often in circumstances necessitating prompt removal
of dangerous obstructions to traffic on public roadways; therefore, the privilege of any person to be a City permit
holder operating a towing company in the City shall be subjected to strict regulation in order to protect the public.
(c) For purposes of invoking any administrative remedy against a City permit holder, the acts or
omissions of any agent or employee of the City permit holder shall be considered to be the acts or omissions of the
City permit holder.
(d) A City permit holder may receive a written reprimand for any of the following offenses:
(1) Failure to properly clean up debris at an accident scene;
(2) Failure to maintain a licensed storage facility as required by this article;
(3) Driving any tow truck to or from the scene of an accident in a manner which endangers
the life or safety of any person;
(4) Failure to maintain in effect any insurance required by this article;
(5) Charging a fee in excess of the amounts authorized by this article;
(6) Permitting a tow truck to be operated by anyone while under the influence of prescription
drugs which could be reasonably anticipated to interfere with a driver's ability to operate
the tow truck;
(7) Permitting a tow truck to be operated by anyone while under the influence of alcohol or
illegal drugs which could be reasonably anticipated to interfere with a driver's ability to
operate the tow truck;
(8) Permitting a tow truck to be operated by anyone whose operator's or driver's license is
suspended;
(9) Any sustained complaint of theft by employees of towing company while acting in their
capaciry as employees of towing company, whether occurring during a police tow or
otherwise;
(10) Any sustained complaint of threats made by employees of the towing company while
acting in their capacity as employees of towing company made against third parties during
a police tow or otherwise;
(11) Failing to comply with all directions of the police department while performing related
activities on a public roadway; or
(12) Failure to comply with any state or federal law or City ordinance related to the operation
of a towing company.
Sec. 26-778. Procedures for Administrative Disposition of Violation.
(a) The City may, without warning, notice, or hearing, suspend any City permit if the operation of the
towing company constitutes an imminent hazard to public health or safety. When possible, a supervisor will confirm
the hazard before suspension is effective. Suspension is effective upon service of the notice required by this article.
When a permit is suspended, towing operations shall immediately cease.
(b) The City may suspend a Towing Company that receives 2 reprimands within a permit period for up
to 30 days. The City may indefinitely suspend a Towing Company that received 3 or more reprimands within a one-
year period.
(c) Whenever a City permit is suspended, the holder of the City permit shall be notified in writing that
the permit is, upon service of the notice, immediately suspended. Opportunity for a hearing will be provided if the
City permit holder files a written request with the City manager within 5 business days. Whenever a City permit is
suspended, the City permit holder shall be afforded an opportunity for a hearing within 10 days of receipt of a
request for a hearing. If no written request for a hearing is filed within 5 business days, the suspension is sustained
and becomes final.
(d) A notice as required in this article is properly served when it is personally delivered to the holder
of the City permit or when it is sent by registered or certified mail, return receipt requested, to the last known address
of the City permit holder. A copy of the notice shall be filed in the recards of the City.
(e) The City Manager, or his designee, shall conduct the hearings provided for in this article at a time
and place designated by him. Based upon the recorded evidence of such hearing, the City manager shall make final
findings and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the
hearing decision shall be furnished to the City permit holder by the City Manager.
(fl In the event the City suspends or indefmitely suspends a permit holder for cause, and the cause for
such suspension or indefmite suspension is determined to be invalid, permit holder's sole remedy shall be
reinstatement.
Sec. 26-779. Criminal Penalty.
(a) Any business or person violating any prohibition, requirement, duty, or provision of this article shall be
deemed to have committed a class C misdemeanor, and upon conviction, shall be punished by a fine of not more than
$500.00.
(b) It shall be a defense to prosecution of any violation of this article that a person violated this article while
acting to prevent imminent death or bodily injury to any person involved in an accident.
Secs.26-780--26-800. Reserved."
PASSED AND APPROVED this the 20 day of July, 2010.
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