OR 96-747 Operation of tow trucks AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 96747
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
ARTICLE 6-9 TO PROVIDE REGULATIONS FOR THE OPERATION OF
TOW TRUCKS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the
same is hereby amended by amending Chapter 6, Article 6-9, in part, to read as follows:
"ARTICLE 6 - 9 TOW TRUCK REGULATIONS
Sec. 6-9-1 DEFINITIONS
Disabled Vehicle means a vehicle which has been rendered unsafe to be
driven as a result of some occurrence other than wreck, including, but not
limited to, mechanical failures or breakdowns, fire, vandalism, or a vehicle
which is in a safe driving condition, but the owner is not present, able or
permitted to drive, so as to reasonably necessitate that the vehicle be removed
by a tow truck.
Vehicle means a device in, on or by which a person or property may be
transported on a public roadway. The term includes an operable or
inoperable automobile, truck, motorcycle, recreation vehicle, or trailer, but
does not include a device moved by human power or used exclusively on a
stationary rail or track.
Consent Tow means the towing of a vehicle with the consent of the owner or
operator of the vehicle.
Non-Consent Tow means the towing of a vehicle without the consent of the
owner or operator of the vehicle.
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Towing Company means a person operating a tow truck registered under
Chapter 1135, Acts of the 70th Legislature, Regular Session, 1987 (Article
6687-9b, Vernon's Texas Civil Statutes, as amended). The term includes the
owner, operator, employee or agent of a towing company, but does not
include a political subdivision of the State of Texas.
Vehicle Storage Facility means a facility operated by a person licensed under
Article 6687-9a, Revised Texas Civil Statutes, as amended.
Parking Facility Owner means:
A. An owner or operator of a parking facility, including a lessee,
employee or agent of an owner or operator;
B. A property owner's association having control under a dedicatory
instrument over assigned or unassigned parking areas; or
C. A property owner having exclusive right under dedicatory instrument
to use a parking space.
Tow Truck means a vehicle designed for the towing of other vehicles.
Sec. 6-9-2 REGISTRATION; LICENSE
A. It shall be unlawful for any person to operate or cause to be operated
a tow truck that performs consent tows within the City if the owner of
the tow truck has a place of business in the City without first having
registered the tow truck with the City.
B. It shall be unlawful for any person to operate or cause to be operated
a tow truck that performs non-consent tows within the City regardless
of whether the owner of the tow truck has a place of business in the
City without first having registered the tow truck with the City.
C. It shall be unlawful for any person to operate or cause to be operated
a tow truck that performs non-consent tows within the City without
having obtained a license from the City.
D. A person who must register a tow truck or obtain a license shall make
application for the same to the City Secretary upon a form provided
for that purpose. The application must be signed by the person who
will own, control or operate the tow truck, verified and include the
following:
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1. the name, address and telephone number of the applicant, the
trade name under which the applicant does business, the street
address and telephone number of the towing company, the
name, street address and telephone number of each vehicle
storage facility used by the towing company.
2. the number, type, year, make, model, vehicle identification
number, and State license plate number of each tow truck.
3. satisfactory proof of insurance in the minimum amounts
required by the State of Texas.
4. a non-refundable fee in an amount established by resolution of
the City Council.
E. The registration and license issued under this article are non-
transferrable and shall expire on an annual basis on December 31 of
the year for which they were issued.
F. The City Secretary shall, within a reasonable time after the date of
application, issue the registration or license, as the case may be, to the
applicant who complies with the provisions of this article.
See. 6-9-3 REGISTRATION; LICENSE DENIAL; REVOCATION
A. The City Secretary shall refuse to issue, or renew or may revoke a tow
truck registration or license if the applicant, registrant, or licensee:
1. makes a false statement as to a material matter in an
application for a registration or license or renewal thereof;
2. has been convicted twice within a 12 month period or 3 times
within 24 month period for a violation of this article;
B. The City Secretary shall provide written notice of denial or revocation
of a registration or license. The notice shall include the reason for
denial or revocation and a statement informing of the right to appeal.
C. The denial or revocation of a license or registration may be appealed
to the City Manager in writing whose decision shall be final.
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Sec. 6-9-4 TOWING COMPANY RECORDS
A towing company shall retain at its principle place of business a record of
each vehicle towed in the City. The record shall include the date and time
of tow; the reason for and location of tow; description of the vehicle; and
location of the storage facility to where the vehicle was towed. The towing
company shall make the towing records available for inspection by the City
at any time.
Sec. 6-9-5 NOTIFICATION TO POLICE; DISPLAY OF WORK ORDER
A. It shall be unlawful for any person to tow or cause to be towed a
vehicle without the consent of the owner without first reporting to the
Police Department the following:
1. the location from which the vehicle was removed and the date
and time of removal;
2. the reason for removal of the vehicle;
3. a description of the removed vehicle, including the year, make,
model, color, State license plate number and vehicle
identification number;
4. the name of the towing company; and
5. name, address and telephone number of the vehicle storage
facility to which the vehicle is taken.
B. It shall be unlawful for the operator of a tow truck performing a
consent or non-consent tow to fail to show, upon demand of a police
officer, a work order or written authorization for the tow.
Sec. 6-9-6 TOW SERVICE; ACCIDENT
A. The operator of a tow truck called to an accident to provide service
shall remove all wreckage, debris, including broken glass from the
public street prior to departing the accident location.
B. No person shall drive or cause to be driven a tow truck to the scene
of an accident within the City unless requested by the owner of the
vehicle or by the Police Department."
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SECTION 2. That all ordinances and provisions of the Code of Ordinances of the
City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions of
this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas,
shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each
offense, and each and every day such violation shall continue shall be deemed to constitute
a separate offense.
SECTION 6. That this ordinance shall become effective immediately from and after
its passage and the publication of the caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the -; ~'
~-~,~ It ~a:_I'
day of ~ ~ it 1996.
APPROVED:
TOM MORTON, MAYOR
ATYEST:
LTiXTDA GRAU, CiTY ~ECRETARY
APPROVED AS TO FORM:
pCR~G. S~MI~ATTORNEy
(PGS/ct 1/25/96)
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