§ 32-88. Duties of tow services on rotation list.

All tow services applying to be on any rotation list or that are on any rotation list shall perform the following duties:

(1)

Equipment. Tow services shall maintain the towing equipment on each of their wreckers required by section 32-89, and section 32-90 if applicable, of this article in a reasonably workmanlike manner and in such a manner as to minimize any damage to vehicles that are towed.

(2)

Mounts and towing devices. No tow service, or their employees or agents thereof, shall allow the operation of any wrecker unless the towing device is mounted on the bed of a motor vehicle designed for use as a wrecker. All other towing devices are prohibited for use as a wrecker, and such prohibition shall include, but not be limited to, towing devices on wheeled vehicles which are not self-propelled but must be connected to a motor vehicle.

(3)

Vehicle identification. No tow service, or their employees or agents thereof, shall allow the operation of any wrecker unless the following information is clearly and legibly painted or affixed by permanent decal in colors which contrast with the color of the door on the outside of both entrance doors of the vehicle in letters and numbers of at least three (3) inches in height and one-half (½) inch in width:

a.

The name of the tow service holding the rotation list permit as it appears on the permit;

b.

The telephone number of the rotation list permit holder or an agent where persons can call at any hour the wrecker is in operation to obtain information as to the storage lot of the tow service; and

c.

The tow service's rotation list permit number.

(4)

Debris removal. Tow services, including their employees or agents thereof, shall clear the street of any and all debris, parts or glass and remove such from the scene when towing or otherwise removing a wrecked or disabled vehicle unless otherwise directed by a certified law enforcement officer, or a representative of either the state department of highways, or in the case of hazardous materials, the state natural resources and conservation commission. "Debris, parts or glass" does not include the towed vehicle's load or cargo. In the event two (2) or more wreckers pick up vehicles for towing, each tow service, or their employees or agents thereof, shall clear the street of debris, parts or glass.

(5)

Safe lift distance. The tow service, including their employees or agents thereof, shall ensure that while its wrecker is lifting a vehicle in preparation for towing all persons, other than the owner, employee or agent of the tow service and certified state law enforcement officers, shall be within a safe distance of the wrecker and vehicle to be towed. A safe distance is at least twice the distance between the end of the boom and the point of hook-up on the vehicle being winched or twice the distance the car is being lifted, whichever is greater. If a hydraulic or mechanical lift is being used, a safe distance is twice the distance to which the lift arm is extended.

(6)

Time for arrival; failure. The tow service that accepts a request by the police shall send a wrecker so that it arrives on the scene within thirty-five (35) minutes after the police requested the tow service, except if the scene is at or within one (1) mile of the Columbia Solidarity Bridge, then the wrecker shall arrive within sixty (60) minutes. Failure to arrive on the scene within the allowed time will immediately result in the forfeiture of position on that revolution of any rotation list or any of the other remedial actions listed in section 32-105 herein, except if the tow service's wrecker encounters extreme circumstances beyond their control to include being stopped by a train, being stopped in a traffic jam or inclimate [inclement] weather, and this exception shall apply only if the tow service en route communications [communicates] the problem as to why they may be late to police communications so that police communications can notify the officer at the scene waiting on the wrecker and it shall be within the officer's discretion to continue to wait for such wrecker longer than an additional twenty (20) minutes after the initial time for the wrecker to arrive has expired before another tow service is requested.

(7)

Response failures. In addition to the provisions in subsection (6) above, if any tow service fails to accept or fulfill two (2) consecutive calls or three (3) assignments in any thirty-day period without justification, then such tow service may be suspended from any rotation list, among other remedial actions. Justifications shall be limited to:

a.

A documented mechanical failure; and/or

b.

The chief of police or his/her authorized representative verifying that a wrecker has been pulled from service.

(8)

Misleading acceptance. If any tow service accepts a request of police knowing that he/she cannot fulfill the assignment, such service may be immediately suspended, among other remedial actions.

(9)

Tow to storage area. The tow service accepting the request to tow a vehicle by the police shall tow such vehicle directly to the tow service's approved storage facility and secure such vehicle unless the police directs that the vehicle or that all vehicles to be towed pursuant to a police initiated tow are to be towed to a centralized city vehicle storage facility. If the vehicle(s) are directed to be towed to a centralized city vehicle storage facility, then the tow service accepting the request to tow a vehicle by the police shall tow such vehicle directly to the centralized city vehicle storage facility and secure such vehicle.

(10)

Notification and storage. All tow services storing a vehicle pursuant to a request to tow and store a vehicle by police shall follow all the notification and storage procedures set forth in any federal, state or local law, rule or regulation, as amended, including but not limited to the Texas Department of Licensing and Regulation.

(11)

Documentation and records. All tow services shall maintain written documentation including but not limited to log books and receipts regarding their rotation list permit operations for a period of two (2) years from the date such operations occurred and according to the Texas Department of Transportation, 43 T.A.C. 18.88 (Motor Vehicle Storage Facility Regulation).

(12)

Notification if a wrecker is out-of-service due to mechanical failure. A tow service shall notify police communications immediately if any of its wreckers are out-of-service due to mechanical failure.

(13)

Itemized bills. All tow services shall prepare itemized bills showing every tow service expense resulting from a police-initiated tow or storage of the vehicle.

(14)

Political bumper stickers. No tow service shall allow any of its wreckers to display political bumper stickers on any police-initiated tow.

(15)

Vehicle storage facility's and towing company's duty to report after towing or accepting a lawfully repossessed or towed vehicle.

a.

Whenever a vehicle is removed from private property without the consent of the vehicle owner or a lienholder, a control number must be requested from the department within forty-five (45) minutes of the vehicle leaving the property by reporting the following information to the department:

1.

A general description, including the year, make, model, and color;

2.

The state and number of the vehicle's license plate, if any;

3.

The vehicle identification number;

4.

The date and time of the tow as well as the location from which the vehicle would have been towed;

5.

The name of the company towing the vehicle;

6.

The name of the person or entity authorizing the tow and a valid contact phone number; and

7.

The name of the vehicle storage facility to which the vehicle has been or will be taken.

b.

Whenever any person tows, carries, transports or otherwise takes a motor vehicle pursuant to a request by a lienholder incident to a lawful repossession, the person so taking the vehicle shall, within forty-five (45) minutes of taking possession, report to the department:

1.

A general description of the vehicle, including the year, make, model, and color;

2.

The state and number of the vehicle's license plate, if any;

3.

The vehicle identification number;

4.

The date and time of tow as well as the location from which the vehicle was towed;

5.

The name of the company towing the vehicle, the name of the state department of licensing and regulation number issued to the driver of the tow truck, and the name and location where the vehicle is being stored; and

6.

The name, title, and phone number of the lienholder causing the vehicle to be repossessed.

c.

The required report must be made by telephone, by facsimile, other electronic device, or delivered personally to the department.

(Ord. No. 98-063, § 1, 2-23-98; Ord. No. 2008-O-062, § 1, 4-7-08; Ord. No. 2016-O-078 , § 1, 8-15-16)