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HomeMy WebLinkAboutORD 98-64 ORDINANCE NO. t� ENTITLED AN ORDINANCE ADOPTING TOW TRUCK AND TOWING COMPANY REGULATIONS AND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 THAT Chapter 29, Sections 29-70 through 29-91 inclusive the same being Article IV of Chapter 29 dealing with wreckers and Sections 26-40 (Impounding of Vehicles) and 26-41 (Vehicles Unattended for Forty-Eight Hours; Redemption and Sale) of Chapter 26, Traffic, are hereby repealed and there is hereby enacted a new Article IV regulating tow trucks, towing companies, and tow truck operators to read as follows: "Article IV. Tow Trucks/Towing Companies/Tow Truck Operators" Section 29-70. Definitions. As used in this Article, the following terms shall have the respective meaning ascribed to them: (A) "Consent Tow" means any tow conducted with the permission of, or at the direction of, the towed vehicles legal or registered owner, or such owners authorized representative. Except as set forth in the definition of "non-consent tow", a tow will be considered a consent tow where the owner is able to give consent. (B) "Non-Consent Tow" means any tow conducted without permission of or not at the direction of, the towed vehicles legal or registered owner, or such owners authorized representative. Regardless of this definition, Beaumont Police officers may control the scene of an accident in the manner they deem appropriate and order a non-consent tow. (C) "Operate" means to drive or cause to be driven a tow truck on a public roadway. (D) "Operator" means any person operating a tow truck on a public roadway of this state. (E) "Owner" means a person owning, leasing, or otherwise using either directly or indirectly a tow truck on a public roadway of this state. (F) "Person" means an individual, corporation, organization, business trust, estate, trust, partnership, association, or other legal entity. (G) "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. (H) "Tow Truck" means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, wench or otherwise move another motor vehicle. (1) "Towing Company" means an individual, corporation, partnership, or other association engaged in the business of towing vehicles on a highway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee, or agent of a towing company, but does not include a political subdivision of the State. (J) "Vehicle" means a motor vehicle subject to registration under Chapter 501, Texas Transportation Code or any other device designed to be self propelled or transported on a public highway. - 2 - (K) "Vehicle Storage Facility" means a garage, parking lot, or any other type of facility owned by a person other than a governmental entity for storing or parking ten (10) or more vehicles a year. Section 29-71. Operation of Tow Truck. A. It shall be unlawful for any person to operate a tow truck in the City of Beaumont for the purpose of, participation in, or execution of any non-consent tow unless the tow truck is: 1. Licensed and permitted as a tow truck pursuant to Texas statutes; and 2. Owned by a towing company registered and permitted by the City of Beaumont. B. No person, operating a tow truck who performs a non-consent tow, may tow any motor vehicle to any location other than: 1. A vehicle storage facility located in the City of Beaumont which holds a current license to operate a vehicle storage facility issued by the Texas Department of Transportation; or 2. A specific location in the City of Beaumont designated by an officer of the Beaumont Police Department or by the owner or operator of the vehicle. C. No person shall stop or park any tow truck within three-hundred (300) feet of the scene or site of any vehicle accident or collision while any vehicle disabled, damaged, or wrecked in such accident or collision remains at such scene or site unless; - 3 - 1. It is licensed and permitted as a tow truck pursuant to Texas statutes and has been directed by or received the consent of a police officer at the scene to stop or park the tow truck within the three-hundred (300) foot area; or 2. Is a tow truck which has been summoned to the scene or site of a vehicle accident by the owner of a vehicle involved in the accident and does not, in the opinion of any police officer investigating the accident, constitute a safety hazard to vehicles or persons at the scene or obstruct or interfere with the activities of the officers investigating the accident or scene. D. No person, while on any public roadway or public property, may solicit in any manner, directly or indirectly, the business of towing, removing, repairing, storing, wrecking or buying any vehicle which is wrecked or disabled and on a public roadway. Section 29-72. Permits - - For Towing Companies; Required; Procedure; Fee; Term. A. Required. It shall be unlawful for any person to operate or cause to be operated any towing company in the city, without having first obtained a towing company permit from the City issued under this article to such person to operate a towing company within the city. The Chief of Police shall devise a rotation list of tow trucks owned and operated by the permitted towing companies who wish to be used in non-consent tows. A tow truck company may have a tow truck placed on the rotation list by paying a $10.00 annual fee per tow truck. Each such tow truck must be operational and in compliance with state requirements. To place a tow truck on the non-consent tow list the owner must agree to the regulations promulgated by the Chief for such list and pay an annual inspection fee for each truck. -4 - B. Application Generally. The Chief of Police shall develop necessary forms to enact these provisions. Any person desiring to operate a towing company in the city shall make application with the police department for the issuance of a towing company permit. Such application shall be submitted on the forms furnished by the police department. The applicants shall furnish all required information and supporting documents noted on the application form. A towing company permit shall not be issued by the Chief of Police unless the applicant meets all the required provisions of this article, including but not limited to: 1. All information on the submitted application is true and accurate and all required supplemental documents or information has been furnished. 2. The towing company operates a vehicle storage facility in the City of Beaumont which is, at all times, licensed pursuant to the Texas Vehicle Storage Act, as it may be amended, and which is in compliance with all provisions of the Texas Vehicle Storage Facility Act and any provisions of the Texas Administrative Code relevant to operation of a vehicle storage faci I ity. 3. The physical facility to be operated by the towing company meets the following requirements: a. The facility is in compliance with all zoning requirements of the City of Beaumont; - 5 - b. The physical facility to be operated by the towing company is not a part of any other business which performs towing services and is not located at the same physical location as any other towing company; C. The physical location of the towing company has an office of not less than 200 sq. ft.; d. The towing company has a telephone number that is different from any other towing company; and e. The towing company has a sign on the business premises identifying the towing company by the name as it appears on the license application, street address, telephone number, hours of business, and any vehicle storage facility license number issued for that location. Said sign shall be of a size that may be read from a distance of not less than 150 ft. C. Denial/Suspension/Revocation. An individual identified as an owner of a towing company on the application who has a felony conviction within the previous five years that, in any fashion, relates to the duties and responsibilities involved in the operation of a towing company or which directly effects such person's fitness to perform as a towing company owner may have their application for permit denied or have any permit suspended or revoked by the Chief of Police. In determining whether an individual's criminal conviction (which includes the entry of a deferred judgement) relates to the performance of a towing company owner, the Chief may consider the following factors: - 6 - 1. The nature, seriousness, and frequency of a crime; 2. The relation of the crime to the purpose for requiring the permit; 3. The extent to which a permit may offer an opportunity for the individual to engage in further criminal activity of the same or similar type as that in which the individual has previously been involved; and 4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a towing company owner. D. Fee.The permit fee to operate a towing company under the terms and conditions of this article shall be payable as follows: At the time of the original or renewal application for a towing company permit, the applicant shall pay a fee of One Hundred Dollars ($100.00) as a non-refundable application fee. If the application is approved by the Chief of Police, the applicant will be issued a permit to operate a towing company in the City of Beaumont. E. Tenn. A permit issued pursuant to this section shall be valid for one (1) year from the date issued. Section 29-73 . Non-Consent Towing Fees A. Non-Consent Towing Fees. The maximum fees which may be charged by a towing company which preforms non-consent tows pursuant to this article are as follows: 1. All size vehicles up to and including one (1) ton trucks - $85.00 - 7 - 2. Dolly or roll back tow, applies only if required or requested by owner or operator- $25.00. 3. A daily storage fee of not more than that allowed by state law. 4. Extraordinary situations may occur which require additional vehicles or equipment for which additional reasonable charges may be made. 5. "Drop"fee to release a vehicle which has been "hooked up" by a tow truck - $45.00 Section 29-74. Denial, Suspension, or Revocation of Any Permit or License. A. Investigation. The police department shall investigate all complaints arising from reported violations of this article. Upon completion of the investigation, the Chief of Police shall determine if a violation occurred. If the Chief of Police determines that a significant violation of this article occurred, the Chief may suspend or revoke the permit or license according to the following standards: 1. Violation of any provision of this article, the Texas Transportation Code, Texas Vehicle Storage Facility Act, as it may be amended, or sections of the Texas Administrative Code regarding operation of tow trucks, towing companies or vehicle storage facilities by owners, agents or employees of a towing company shall subject the towing company to the following administrative action regarding their towing company permit: a. First Offense - Suspension of towing company permit for 30 days. b. Second Offense - Suspension of towing company permit for 60 days. - 8 - C. Third Offense - Revocation of towing company permit for 2 years. The administrative penalty set forth in Section 29-74 shall be independent of and may be in addition to any other penalties assessed pursuant to any violation of any ordinance of the City of Beaumont or statute or administrative code of the State of Texas. The determination of whether a violation is significant shall be within the sole discretion of the Chief of Police. C. Time. Time limitations for computation of penalties regarding suspension or revocation of permits or licenses for repeat offenses shall be calculated based on a two-year period from the date of the first offense for which a permit is suspended or revoked. The holder of a permit that was revoked may not, for a period of two- years from the date of the revocation, apply for any new permits of the type that was revoked. D. Notice. The Chief shall provide written notice of any suspension, revocation or denial setting out the basis for the decision, giving the effective date for the suspension, revocation or denial and providing the appeal procedure. A suspension, revocation, or denial shall become effective seven (7) days from the date that the Chief of Police notifies the permit holder of the suspension, revocation or denial unless an appeal is filed as provided herein. E. Appeal Procedure. Any appeal of a decision by the Chief of Police regarding a towing company permit must be in writing and must be submitted to the City Manager's Office prior to the effective date of the suspension, revocation or denial. - 9 - The written request for appeal must set forth the basis for the appeal and specifically identify any error or misapplication of information or of this article by the Chief of Police regarding the decision to deny, suspend, or revoke the permit or license. The City Manager shall submit the appeal to the City Council and City Council may either hear the appeal or select a hearing officer to preside at any appeal hearing and the decision of the City Council or such hearing officer shall be final. The appellant may appear at any hearing and it shall be the burden of the appellant to establish that the decision by the Chief of Police is incorrect. The Chief of Police shall be entitled to present any information or evidence which would support the Chiefs decision. Section 29-75. Responsibilities - - Tow Truck Operator; Towing Company A. Tow Truck Operator. All tow truck operators shall: 1. Obey all lawful orders given by any police officer and not in any manner interfere with any police officer in the performance of his/her duty. 2. Not remove any wrecked, disabled or illegally parked vehicle from any public roadway without authorization from a police officer; provided, however, that the driver of a stalled or disabled vehicle not involved in an accident may authorize a tow truck operator to remove his/her vehicle when no police officer is present. 3. Prior to performing any non-consent tow or related service or on request of the owner or operator, furnish in writing to the owner or operator of the - 10 - vehicle to be towed, a list of all charges that pertain to any towing services to be performed, including but not limited to: a. The fee schedule to be charged for the towing of a vehicle within the Beaumont city limits. Fees related to towing of a vehicle outside of the city limits of Beaumont shall be by agreement between the tow company and the owner or operator of the vehicle to be towed. b. The method of payment of the fee. C. The name of the tow company picking up the vehicle. d. The telephone number(s) at which the tow company may be contacted. e. The location to which the vehicle will be towed, if not specified by the owner, operator or agent of the owner of the vehicle. 4. Remove from the site from which any vehicle is removed all resulting wreckage or debris, including all broken glass unless otherwise directed by a police officer. "Resulting wreckage or debris" does not include the towed vehicle's load or cargo. B. Towing Company. The towing company shall: 1. Keep full and complete books or records in accordance with sound business practices related to each and every non-consent vehicle tow pursuant to this article. 2. Permit any inspector or officer designated by the Chief of Police to, during normal business hours, inspect the premises, tow equipment, storage - 11 - facilities, records of vehicles towed and records of fees and charges of each non-consent tow. Section 29-76. Penalties; Fines A. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars. Each day such violation is permitted or continued to exist shall be and is deemed to constitute a separate offense. B. Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation, or denial of any permit or license granted under this article. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. - 12 - Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the loci day of 1998. - Mayor - - 13 - BEAUMONT POLICE DEPARTMENT TOWING COMPANY/TOW TRUCK APPLICATION FORM Application for: ( ) Towing Company ( ) Tow Truck(s) ( ) New ( ) New - Number ( ) Non-Consent Rotation List ( ) Renewal - Number It is the responsibility of the applicant to ensure that all information required on this application or documents that are required to supplement the application are submitted in a correct and timely fashion. The permit application and accompanying documents must be submitted as a single "package". The submission of a incomplete application, failure to submit required supplemental information, inaccurate or misleading statements in the application, or false entries in the application will be ground for denial of the application. For the purposes of this application "you" shall include all individuals required to be listed pursuant to Beaumont City Ordinances related to towing company permits. Name of Towing Company: Address of Towing Company: Phone# of Towing Company: (1) (2) Name of Owner (if individually owned): Address of Individual Owner: Telephone (business): (residence): DOB: S.S. No.: DL State and No. -1- Have you ever been a plaintiff or defendant in any civil or criminal action related to the operation of any towing company tow truck, or vehicle storage facility? If yes, give complete details, i.e., court, court number, dates, nature of your participation in court action, disposition, etc. ( ) Yes No Have you ever been the subject of any administrative action by any state or local governmental agency in regard to the operation of a towing company, tow truck, or vehicle storage facility? If yes, give complete details as to the administrative governmental agency, case no., date of the administrative action, nature of the administrative action, and the disposition or results of the administrative action. ( ) Yes No List all felonies, if any, for which you have been arrested in the last ten (10) years. Do you have any financial interest in any vehicle storage facility licensed by the Texas Department of Transportation? If yes, give the number of the license, date issued, expiration date, and attach a copy of the application for the vehicle storage facility license and the license. ) Yes No Does the physical facility to be operated as a towing company comply with all pertinent ordinances of the City of Beaumont regarding zoning or use? If no, please explain. ( ) Yes No If the applicant is a partnership, applicant is required to submit the information required above for an individual owner for each person who would have any financial interest in the partnership and detail the ownership interest of each partner. Additionally, a certified copy of an assumed name records certificate of ownership for unincorporated business or profession, must be attached to and submitted as a part of the application. If the applicant is a corporation, the applicant must submit the detailed information required for an individual owner for each person who has an interest in or is an officer or director in the corporation. The extent and nature of each persons interest in the corporation must also be detailed. A certified copy of the articles of incorporation and a certificate stating that the corporation is in good standing with the Secretary of State of Texas shall also be submitted as a part of the application. -2- VEHICLES The applicant is required to submit, as a part of the application, a current motor carrier certificate of registration issued by the Texas Department of Transportation for the towing company and each tow truck to be operated by the towing company. Additionally, the applicant shall file with the application a tow truck receipt from the County Tax Assessor/Collector indicating tow truck registration and a title application receipt and registration documents for each tow truck to be used in the course and scope of operation of the towing company. The applicant shall also attach documents demonstrating that each tow truck is properly insured pursuant to the statutes, administrative code, and related regulations of the State of Texas with an accompanying certificate issued by an insurance company licensed in the State of Texas stating that they will notify the Beaumont Police Department at any time the certificates of insurance expires or are suspended or revoked for any reason. Identification markings on all tow trucks shall comply with Beaumont Ordinances, Texas Statutes and Administrative Codes, and United States Dept. of Transportation Regulations related to Identification of Tow Trucks. If the tow truck is to be operated under the name of a company other than the owner, then that company shall be also noted on the application. Accompanying the application shall be a signed, notarized copy of the agreement and contract between the owner and the company in whose name the tow truck is to be operated. NON-CONSENT ROTATION LIST The Beaumont Police Department will maintain a rotation list of tow trucks owned and operated by towing companies permitted by the Beaumont Police Department to be used in non-consent tows. Permitted towing companies wanting to have individual tow trucks on the rotation list will abide by the following rules and regulations: 1) Each permitted tow truck will receive one slot on the rotation list. 2) Each permitted tow truck will be inspected by the Beaumont Police Department before being placed on the rotation list. The Police Department can inspect tow trucks which are on the rotation list at any time. A check list of tow truck equipment/documentation that is required is attached for your review. There is an annual cost of$10.00 for each tow truck to be added to the rotation list. -3- 3) A response time of not more than thirty (30) minutes shall be required of all tow trucks that have been dispatched from the rotational list by the police communications officer. In the event a tow truck has not arrived at the scene or site within the time limit, the police communications officer will call that towing company and advise them that their tow truck is canceled, and that they shall lose that turn on the non-consent rotation list. After losing a turn on the rotation list, the following cancellations within a 12- month period will result in trucks being removed for a number of days as shown below: Cancellation No. of Tow Trucks Removed from Rotation List Number of days First 1 30 Second 2 60 Third 3 90 Fourth All trucks 1 Year The Chief of Police may promulgate other rules and regulations relating to the rotation list as deemed necessary. I/we, the applicant(s) agree with the above rules and regulations relating to the non- consent rotation list and request that the truck(s) listed below be included on the rotation list. Signature of Applicant/Owner Signature of Applicant/Owner Description of Tow Truck: Make: Model: V.I.N. #: Year: License #: License Expires: D.O.T. # -4- I/we, the applicant(s) for the permits as noted above, hereby certify that I/we have read and are familiar with the provisions of Article IV. Wreckers, of Chapter 29, Vehicles for Hire, Code of the City of Beaumont. [/we, the applicant(s) also hereby certify that [/we, in making this application and in operating any towing company permitted pursuant to this application, will comply with all relevant provisions of the codes of the City of Beaumont, statutes and administrative codes and regulations of the State of Texas (where applicable) and the United States Department of Transportation (where applicable). Signature of Applicant/Owner Signature of Applicant/Owner Signature of Applicant/Owner If single owner, sign one signature line. If partnership, all partners must sign. If corporation, officer or agent of the corporation who is authorized by law to act on behalf of the corporation and bind the corporation must sign above. STATE OF TEXAS: COUNTY OF JEFFERSON Before me, the undersigned authority, on this date personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and after being by me duly sworn, upon his/her oath deposes and states that he/she is the applicant/owner named above and the facts stated in the foregoing application are true and correct. Subscribed and sworn to before me this day of , A.D. 199_. Notary Public in and for the State of Texas -5- d STATE OF TEXAS: COUNTY OF JEFFERSON Before me, the undersigned authority, on this date personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and after being by me duly sworn, upon his/her oath deposes and states that he/she is the applicant/owner named above and the facts stated in the foregoing application are true and correct. Subscribed and sworn to before me this day of , A.D. 199_. Notary Public in and for the State of Texas STATE OF TEXAS: COUNTY OF JEFFERSON Before me, the undersigned authority, on this date personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and after being by me duly sworn, upon his/her oath deposes and states that he/she is the applicant/owner named above and the facts stated in the foregoing application are true and correct. Subscribed and sworn to before me this day of , A.D. 199_. Notary Public in and for the State of Texas -6- TOW TRUCK EQUIPMENT/DOCUMENTATION CHECK LIST ❑ Texas Tow Truck Registration Documents ❑ Texas Tow Truck Tag No. ❑ Insurance Documentation for Tow Truck ❑ Texas Vehicle Inspection Certification No.: Expires: ❑ Tow truck of at least 3/4 ton in size ❑ Tow truck/company markings in conformity with U.S.D.O.T., Tex. D.O.T., and Beaumont Ordinances ❑ Tow truck equipped with: ❑ Wheel left with lifting capacity of not less than 2,500 lbs. ❑ Rollback ❑ Tow truck equipped with mechanical winch having winch line and boom with lifting capacity of not less than 8,000 lbs. single line capacity ❑ Tow truck equipped with a mechanical device or other equipment sufficient to prevent the swinging of a motor vehicle being transported ❑ Standard J-hook - up chains and at least two (2) 5/16" link steel safety chains for tow trucks with a registered weight of 10,000 lbs. or two 3/8" link steel safety chains or their equivalent for tow trucks with a registered weight over 10,000 lbs. ❑ Ropes, wires, or straps suitable for securing doors, hoods, trunks, or other parts of motor vehicle being towed for the safe tow of such vehicle ❑ Outside rear-view mirrors on both sides of tow truck ❑ Functioning tail-lights and turn signals which may be attached to any towed vehicle ❑ Tow truck must be equipped with a 10 BC fire extinguisher or two 5 BC fire extinguishers 13 Crow bar or wrecking bar at least 36" long ❑ Flat edge shovel designed for and capable of picking up glass or other debris from highway ❑ Push broom with at least 18" head ❑ Three (3) portable red emergency reflectors or orange safety cones ❑ A container to carry glass and debris cleaned from a highway ❑ Spotlight or flashlight ❑ Flashing warning lights as permitted pursuant to Texas Transportation Code ❑ Tow truck must have functional: ❑ Head Lights ❑ Hazard Lights ❑ Tail Lights ❑Windshield Wipers ❑ Turn Signals ❑ Brake Lights ❑ Emergency Brakes ❑ Tires in good condition ❑ Brakes sufficient for controlling the tow truck and any towed vehicle This vehicle was inspected and a road test was witnessed on the day of 1199 by of the Beaumont Police Department. As a result of the inspection and road test, the vehicle was found to: ❑ qualify / ❑ not qualify for registration and issuance of a permit to be operated as a tow truck in the City of Beaumont. Print Name of Inspector Signature of Inspector NOTE: Tow trucks with a slip-in bed must have the bed properly secured to the frame of the truck by a minimum of eight(8) '/Z"diameter bolts of which at least four(4) must be at the front of the slip-in bed.