HomeMy WebLinkAboutOrdinance No. 92-23 ORDINANCE NO. 9Z-23
AN ORDINANCE OF THE CITY OF FRIENDSk'OOD, TEXAS, AMENDING
THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF
CHAPTER 20 AND SUBSTITUTING THERE�'OR A NEW CHAP'I'ER 20;
PROVIDING RULES AND REGULATIONS GOVERNING THE OPERATION
OF WRECKERS WITHIN THE CITY; PROVIDING FOR THE ISSUANCZ
OF PERMITS; PROVIDING CERTAIN DEFINITIONS; PROVIDING FOR
THE ESTABLISHMENT OF TOWING AND STORAGE FEES; PROVIDING
OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR �lIOI.ATION OF
ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
* * * � *
WHEREAS, as a result of growth over the last twenty (20) years
in the Houston metropolitan area, the City of Friendswood has
evolved into a busy suburban residential community; and
WHEREAS, despite continued improvements to the streets and
highways serving the City, such r�adways are increasingly
vulnerable to congestion and accidents that disrupt the safe and
orderly flow of traffic; and
WHEREAS, a stated goal af the City is to restore the safe and
orderly flow of traffic as soon as �ossible in the evenc of
accidents on public streets and highways; and
WHEREAS, the City also seeks to support citizens who are
involved in accidents; and
WEiEREAS, the City requires the services of private towing
companies to assist its officers, agents, and employees in clearing
streets and highways following vehicular accidents by towing and,
if necessary, storing damaged vehicles; and
WHEREAS, the towing and starage of vehicles from accidents and
the towinq and storage of abandoned or junked vehicles must
frequently be done without an owner's consent and at the dkrection
of the City; and
WHEREAS, in order to protect the interests of the citizenry
and to assure reasonable and reliable wrecker and storage services,
the City Council deems it necessary and appropriate to adopt
certain rules and regulations relating to the permitting,
oversight, regulation, and conduct of towing operators and storaqe
facilities; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF TNE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble
of this Ordinance are hereby found to be true and correct.
Section 2 . The Code of Ordinances of the City of
Friendswood, Texas, is hereby amended by deleting all of Chapter 20
thereof and substituting therefor a new Chapter 20 to provide as
follows:
"Chapter 20
Wrecker Service
Sec. 20-1. Definitions
For the purpose of this Chapter, the following words,
terms, phrases, and derivations shall have the meanings
ascribed thereto, unless the text clearly indicates otherwise:
(a} Tow Truck Rct - Article 6687-9b, Texas Revised
Civil Statutes, as amended.
(b) Wrecker Service Permit - the document issued by the
City authorizing the operation of a specific tow
truck for nonconsent towing.
(c) Consent Tow - any tow conducted other than a
nonconsent tow.
(d) Motor Vehicle - a vehicle subject to reqistration
under the Certificate of Title Act (Article 6687-1,
Texas Revised Civil Statutes) or any ather device
-2-
designed to be self-propelled or transported on a
public highway.
(e) Nonconsent Tow - any tow conducted without the
permission of, or not at the direction of, the
vehicle�s legal owner, or such owner's authorized
representative, regardless of the vehicle�s
locativn or condition; or any tow ordered by police
for a vehicle whose operator is in custody or, when
deemed necessary by police, is required to maintnin
the scene of an accident.
(f) Operate - usinq a tow truck to tow, winch, or
atherwise move another motor vehicle.
(g) Operator - any person operating a tow truck,
regardless of whether the person owns the truck.
(h) Preservation - the methods customarily used to
protect the interior of a motor vehicle frorn
inclement weather when vehicle windows are damaged
in an accident.
(i) Tow - the act of transporting or moving an
inoperable, damaged, or disabled motor vehicle by
means of hauling, pulling, winchinq, or otherwise.
(j) Tow Truck - a motor vehicle or mechanical device
adapted or used to tow damaged or disabled motor
vehicles.
(k) Tow Truck Owner - a person engaged in the business
of operating a tow truck for hire.
(1} Permit Holder - any person, partnership,
corporation, venture, or other enterprise which has
a valid wrecker service permit from the City
authorizing the conducting of nonconsent towinq
within the corporate limits of the City.
(mj Directar - the person designated by the City
Manager to administer the provisions of this
Chapter.
Section 20-2. Permit Required.
(aj It shall be unlawful for any person to drive,
operate, or cause to be driven or operated, any tow
truck upon any public street in the City for the
purpose of providing nonconsent towing without
having first obtained a wrecker service permit from
the City.
-3-
(b) In the prosecution of an offense under paragraph
(a) above, proof that a tow truck not holding a
valid wrecker service permit appeared at the scene
of a collision, accident, or crime shall constitute
prima facie evidence that the owner and operator of
such tow truck was operatinq or causing to be
operated a tow truck for the purpose of providing
nonconsent towinq without holding a valid wrecker
service permit.
Section 20-3 . Application for wrecker service permit; forms;
information raquired.
Any person desiring to operate a tow truck in the City
shall make application to the director for a wrecker service
permit. The application shall be submitted on forms furnished
by the director, and the applicant shall furnish the following
proof and information with such application, which shall be
sworn to before a notary public:
(a) That the applicant is a citiaen of the United
States and has attained the age of eighteen (18)
years.
(b) For each tow truck for which a permit is saught,
the applicant shall provide:
(1) year and make of the tow truck;
(2) tow truck identification number;
(3) motor vehicle certificate of title number;
(4) empty weight;
(5) gross weight;
(6) carrying capacity;
(7) current Texas license plate number;
(8) name, address, and telephone number of the tow
truck's owner; and name, adc�ress, and
operator's license for each person who will
operate each such tow truck;
(9) sales tax identification number;
(10) two photographs of the tow truck, one of each
side, which shall show the name, address, and
telephone number of the business operating the
tow truck permanently inscribed on each side
in letters not less than two inches high. For
purposes of this requirement, the address need
not include the street address or post office
box, but rnust include the city where the
business is based. If the business in an
unfncorporated area, the county narne must
appear on each side of the tow truck;
{li) a certificate of insurance evidencing the type
and amounts of coverage as required and
specified in Section 20-5;
-4-
(12) a signed statement agreeing to abide by the
wrecker service and storage fees established
by the City;
(13) a siqned form disclosing what, if any,
pecuniary interest the tow truck operator may
have in any person or entity which repairs or
sells motor vehicles; no permit holder or
operator shall have a pecuniary interest,
direat or indirect, in a motor vehicle sales
or repair entity from which it receives
compensation for guiding sales or repair
bus�ness;
(14) a true copy of the tow truck motor vehicle
registration for each tow truck showing its
registration and showing that each is equipped
in accordance with the Texas Tow Truck Act;
(15) if the applicant is a corporation, a
certificate of good standing issued by the
Secretary of State of the State of Texas;
(16) a statement of the fees for towing services
the applicant proposes to charge far
nonconsent tows, includinq fees, if any, for
special tawing requirements or equipment; and
(17) a certified copy of a vaiid license issued
under the state Vehicle Storage Facility Act
(Texas Revised Civil Statutes Article 6687-8)
for the storaqe facility the applicant
proposes to use.
(c) If an applicant is a corporation, partnership, or
venture, or proposes to operate under a name other
than that of the applicant owner, the name(s) and
address(es} of corporate officers, partners,
venturers, or the true business owner. A wrecker
service permit issued to one such entity is not
transferable to another without the approval of the
director.
Sec. 20-4 . Permit application hearing; considerations as
to public convenience and necessity of applied
for service.
{a) Each application filed shall be subject to review
and public hearing at a time and place set by the
director. Notice of the hearing shall be given to
the applicant and to all persans to whom permits
have already been issued. Notice to the general
public shall be given by posting notice of such
hearing in the City Hall of the City not less than
ten (l0) days priar thereto.
{b) In determining whether a permit will issue to an
applicant, the director shall consider whether
-5-
public convenience and necessity requires the
issuance of such permit. The deterntination may
take into consideration the following:
(1) the financial responsibility of the applicant;
�2} the number of vehicles to be operated;
(3j whether the applicant has ever been convicted
of any related felony or misdemeanor, as
described in Articles 6252-13c or 6252-13d,
Texas Revised Civil Statutes;
{4) the make, model and type of vehicle(s) to be
used and how each will be equipped;
(5} the location, size, and security afforded at
the storage facilities to be used for towed
vehicles;
{6) the �reasonableness of fees proposed for towing
and storage services by the applicant, and
whether such fees comply with the schedule of
fees therefor as are established from time to
time by City Council;
(7) whether the towing company or tow truck for
which a permit is sought will be operated by
the owner, or by his employee within a bona
fide employer-emp2oyee relationship;
(8) whether the applicant proposes to own, rent,
or �.ease the taw truck to be used;
(9) whether the applicant proposes to own, rent,
or �.ease the storage facility to be used; and
{10) whether public convenience and necessity can
be met only by the issuance of an additional
permit for the provision of wrecker services.
Sec_ 20-5. Proof of owner�s financial responsibility.
No permit shall issue under this Chapter without an
applicant filing with the director a certificate of insurance
evidencing compliance with insurance requirements promulgated
by the Texas Commission of Licensing and Regulation for tow
truck registration as provided in the Tow Truck Act. Further,
the policy must obligate the insurance provider to notify the
director whenever coverage goes below the minimums established
herein, and that coverage may nat be suspended, cancelled, or
revoked without at least Lhirty (30) days advance written
notice thereof to the director.
Failure to provide such insurance coverage shall be
grounds for denial of an application, and failure to maintain
same in full force and effect during the permit term shall be
grounds for immediate suspension or revocation of the permit.
-6-
Sec. 20-6. Issuance of permit; fees; renewal.
(a) Findings; notification to applicant. The director
shall give written notice of his decision to the
applicant within fifteen (15) days following the
hearinq. The notice shall apprise a successful
applicant of the granting of the wrecker service
permit, or iP the permit is to be denied,
notification of the applicant's administrative
rights of appeal.
{b) Permit period; fees. The permit term shall be for
a period of three (3) years from the date of
issuance. A fee of two hundred dollars ($200)
shall be payable to the City for each tow truck for
which a wrecker service permit is to be issued,
which fee shall be payable prior to actual
issuance. Thereafter, a fee of two hundred dollars
($200) shall be due and payable to the City on each
annual anniversary date ot the permit issuance
throughout the permit term, which expires at
midnight of the last day of the third year. The
fee for a permit issued for a portion of a permit
term shall not be prorated. Failure to pay an
annual fee by the due date shall be grounds for
immediate suspension or revocation of the permit.
(c) Annual reporting requirements. Each year durinq
which a wrecker service permi� is in effect, the
permit holder shall file with the director an
annual report. The form of such report shall be as
promulgated by the director, and shall be certitied
to by the permit holder. The report information
shall be submitted not earlier than ten (10) days
prior nor later than the first business day of the
month preceding the anniversary date of the issued
permit issuance. The report shall contain the
following information:
(1) That all facts and requirements for each taw
truGk, tow truck operator, and storage
facility provided at the time the permit was
issued are unchanged;
(2) A certified copy of the certificate of
insurance showing compliance with the minimum
requirements set forth in Section 20-5 hereof;
(3) Any proposed changes in the tow truck(s) to be
used, the tow truck operator(s) employed, or
the storage facility used. If changes are
proposed, all required evidence and
documentation, as set forth in section 20-3
-7-
and elsewhere herein, that such changes comply
with the requirements of this Chapter; and
(d) Failure to file an annual report as required
hereinabove shall be grounds for immediate
suspension or revocation of a permit.
(e) Renewal. A permit holder may seek renewal of his
permit(s� by filing a written request with the
anrival report submitted in the last year of his
permit(s) . A public hearing on the renewal request
may be convened at the discretion of the director.
If a permit holder files such a renewal request,
the permit term of the permit for which the renewal
is sought shall be automatically continued until
the conclusion vf the application process for such
renewal, or upon the issuance of a new permit by
the director, whichever first occurs.
(f) When, by whom issuance authorized; contents. On
the approval of a permit application, the director
shall issue the permit(s) requested to the
applican�. Each permit shall be dated and
numbered, showing on the tace oP the permit the
make� model, vehicle identification number and
license number of each tow truck for which a
wrecker service permit is issued. The permit shall
be carried on or in the tow truck at all times in a
manner that permits ready inspection.
(g) Permit nontransferable; supplemental permit for
additional or replacement vehicle. A permit issued
under this Chapter is personal to the permit holder
and is not transferable.
(h) Replacement of tow truck. Any permit holder who
wishes to end the use of a permitted tow truck and
replace it with another shall notify the diractor
in writing that he proposes to replace a tow truck,
identify the replacement tow truck as provided in
Section 20-3, and provide an insuranae policy
endorsement demonstrating that the replacement is
covered. The director may then issue a
supplemental permit for the replacement tow truck.
(i) Increasing number of two trucks in operation. A
permit holder who wishes to increase the number of
tow trucks ta be aperated shall notify the director
in writing and submit applications therefor in the
same manner as an original permit. The director
shall consider the application for the additional
tow truck(s) in the same manner, under the sa�e
procedures, and �ubject to the same issues a� tha
-8-
consideratian of an original application.
Sec. 20-7 . Fees for towing services; storage; disclosure
to owners; how established.
(a) Towing service fees. Except as otherwise
specifically provided, a permit holder shall charge
a flat rate for a nonconsent tow from any place
within the City to an approved storage facility or
to a lacation designated by a police officer of the
City. Such towinq service fee shall be in
accordance with the schedule of fees as are fram
time to time established by the City Council of
City.
When a designated location is more than fifteen
(15) miles frorn the tow point of origin, a permit
holder may charge the flat rate plus a cents per
mile fee as may be set by the City Council of City
for miles traveled in excess of said Pifteen (15)
miles.
(b} Storage fees. A permit holder may not charqe any
fee in excess of those authori2ed under Article
6687-9b, the Texas Vehicle Storage Act.
(c) Establishing fees. Under authority of the City
Manager, the director shall annually review the
flat rate and per raile fees authorized for tawing
services by permit holders. The director shall
recommend change as needed, such fees and charqes
to become effective only upon adoption by
resolution of the City Council . Fee schedules
adopted under this Chapter shall be on file in the
office of the City Secretary and the director.
Sec. 20-8. Appeal from issuance or denial of permit; from
suspension or revocation of permit.
Whenever pursuant to this Chapter the director has made
findings, the person aqgrieved by the findings may appeal same
to the City Manager. The person must give written notice of
such appeal to the City Manager within seventy-two (72) hours
following the date he receives notice of such findings. The
written notice of appeal shall state the interest of the
person appealinq, the reasan for the appeal, and a general
description of the factual grounds upon which the appellant
contends the decision of the director was incorrect. The City
Manager shall hold a hearing within thirty (30) days following
receipt of the notice of appeal.
-9-
Sec. 20-9 . Time limitation on new application after denial.
An applicant denied a permit by the director or by the
City Manager on appeal shall not be considered again for a
perrnit until one (1) year has elapsed from the date of his
prior application.
Sec. 20-10. Spe�ial reportinq requirements for partnership
or corporate permit holders.
A permit holder doing business as a partnership or
corporation is required to report in writing to the director
any change in the �partners or corporate officers within ten
(10) days of the change. Failure to report these changes
shall be cause for the immediate suspensian or revocation of
the permit held by the partnership or corporation.
Sec. 20-1�. Permit suspension ar revocati�n.
(a) The director may upon receipt of a complaint by any
person against a permit holder, conduct a hearing
to hear evidence of any alleged violation of this
Chapter, applicable laws of the state or federal
qovernme}�t, or any other ordinance or regulation of
the City. A hearing shall be held only if the
director determines reasonable cause exists to
support the allegations and, if the allegations
were proyen to be true, would constitute sufficient
grounds to revoke or suspend the permit.
(b) The director shall notify a permit holder in
writing of a complaint at the earliest possible
time after inquiry shows there is reasonable cause
to believe a violation may have occurred. If the
director elects to hold a hearing, the permit
holder and complainant shall be given fifteen (15}
days notice of the hearing.
(c) A written report of the findinqs of the director
shall b� provided to the permit holder and the
complainant within fifteen (15) days of a decision
by the director.
(d) Whenever revocation or a suspension of more than
thirty (30) days is called for by the director, the
permit holder may appeal such decision to the City
Manager. The findings of the City Manager shall be
final. If no appeal to the City Manager is taken
within ten ( 10) days following notice to the permit
holder of the director's action, then the decision
of the director shall be final.
-ia-
Sec. 20-12 . Authority of the director to promulgate rules
and regulations.
The director is authori2ed to make such rules and
regulations as he deems necessary and appropriate for
implementation of the standards contained herein for towing
services and storage facility services serving the citizens
and police of the City.
Sec. 20-13 . Immediate storage of towed vehicles required;
exception.
All vehicles picked up by a permit holder shall be taken
immediately to the permit holder's approved storage facility,
unless authorized by a police officer or the owners of the
vehicle to take the vehicle to another location.
Sec. 2U-14. Hours storage facility open for receiving,
releasing vehicles.
A permit holder shall be responsible for maintaining and
operating a storage facility so that vehicles may be received
on a twenty-four haur per day basis and may released at least
between the hours ot 7: 00 a.m. and � :00 p.m. daily, except
Sundays and holidays.
Sec. 20-15. Notice to Owners of Towed Vehicles.
In nonconsent towinq from an accident scene, an
investigating officer shall, when reasonably possible,
disclose in writing to an owner or his representative:
(1} The location to which the vehicle is being towed;
(2} The towing fee to be charged;
(3) The tele�hone number at which information on the
vehicle dnd any storage fees may be obtained;
(4) The hours of operation at the towing facility;
(5) The papers required to establish ownership for the
purpose of reclairning a vehicle from a storaqe
facility; and
(6) The name of the person or persons to whom
complaints against permitted taw operators may be
directed.
The director shall ensure that appropriate records of
vehicles taken in nonconsent tows are maintained so as to
permit owners to obtain fram the Police Department information
on the location of a towed vehicle. "
Section 3 . Penalty.
Any person violating any provision of this Ordinance shall be
-11-
deemed quilty of a misdemeanor and, upon conviction, shall be fined
in an amount not to exceed five hundred dollars ($500) . Each day
of violation shall constitute a separate offense.
Section 4 . Sev�rability of provisions.
In the event any clause, phrase, provision, sentence, or part
of this Ordinance or the application of the same to any person or
circumstance shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this Ordinance as a whole or any part
or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood,
Texas, declares that it would have passed each and every part of
the same notwithstandi�g the omission of any such part thus
declared to be invalid or unconstitutional, whether there be one or
more parts.
PASSED AND APPROV�D on first reading this �th day of
December 1992 .
�
PASSED, APPROVED, AND AAoPTED on second and final reading this
4th day of January , 199 3.
�
Evelyn Newrnan
Mayor
ATTEST:
S ,..1,
Deloris Mc enzi , CM
City Secretary
—12— �
ORDINANCE NO_ 92-z�
AN ORDINANCE OF THE CITY OF FRIENDSk'OOD, TEXAS, I�iENDING
THE FRIENDSWOOD CITY CODE BY STRIKING TNEREFROM ALL OF
CHAPTER 20 AND SUBSTITUTING THEREFOR A NEW CHAPTER 20;
PROVIDING RULES AND REGULATIONS GOVERNING THE OPERATION
OF WRECKERS WITHIN THE CITY; PROVIDING FOR THE ZSSUANCE
OF PERMITS; PROVIDINC CERTAITI DEFINITZONS; PROVIDING E'OR
TNE ESTABLISf-IMEt�[T OF TOWIIIG AND STORAGE FEES; PROVIDING
OTHER HAT'TERS RELATING TO THE SUBJECT; PROVIDING A
PENALTY OF AN ANOUNT NOT TO EXCEEO �500 FOR VIOLATION OF
ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
k « . . «
PASSED AND APPROV�D on first readinq this �Lh day of
December lgg2 _
.
PASSED, APPROVED, AND ADOPTED on second and final reading this
4th day of January 1993.
��
Evelyn Newman
Mayor
ATTEST:
S
Deloris Mc enzi , CM
City Secretary
**THE FRIENDSWOOD JOURNAL NEWS LEGAL DEPARTMENT:
**THE FRIENDSWOOD REFORTER NEWS LEGAL DEPARTMENT:
Please publish on Friday � January 8 , 1993
AN AFFIDAVIT OF PUBLICATION IS REQUIRED