OR 2008-1213 Amending Code of Ordinances for Business Regulations
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2008-1213
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
CHAPTER 6, “BUSINESS REGULATIONS,” ARTICLE 6-9, "TOW
TRUCK REGULATIONS,” BY AMENDING SECTION 6-9-1,
“DEFINITIONS,” BY REPEALING THE DEFINITION FOR LICENSEE
AND REPLACING THE SAME WITH A DEFINITION FOR PERMIT
HOLDER; BY AMENDING THE DEFINITION FOR TOWING
COMPANY AND BY AMENDING THE DEFINITION FOR VEHICLE
STORAGE FACILITY; BY AMENDING SECTION 6-9-2,
“REGISTRATION, LICENSE” BY AMENDING SUBSECTIONS A, B,
AND C, TO COMPLY WITH STATE LAW AND BY REPEALING
SUBSECTIONS D, E AND F, IN ITS ENTIRETY; BY REPEALING
SECTION 6-9-3, “REGISTRATION; LICENSE DENIAL;
REVOCATION”, IN ITS ENTIRETY AND RESERVING THE SAME FOR
FUTURE USE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM
OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, Article 6-9 of the Code of Ordinances provides for the Tow Truck
Regulations within the City of Coppell; and
WHEREAS,
the City desires to amend said regulations to comply with current state law;
and
WHEREAS,
after review and consideration, the City Council hereby finds that Article 6-
9 should be amended as provided herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS:
SECTION 1.
That Chapter 6 of the Code of Ordinances be, and the same is, hereby
amended by amending Article 6-9, "TOW TRUCK REGULATIONS,” Section 6-9-1,
“Definitions,” by repealing the definition for licensee and replacing the same with a definition
for permit holder, by amending the definition for towing company and for vehicle storage
facility, by amending Section 6-9-2, “Registration, License” Subsections A, B, and C, to comply
with state law and by repealing Subsections D, E and F, in its entirety, and by repealing Section
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6-9-3, “Registration; License Denial; Revocation”, in its entirety and reserving the same for
future use, which shall read as follows:
“ARTICLE 6-9. TOW TRUCK REGULATIONS
Sec. 6-9-1. Definitions.
Accident means any occurrence which renders a vehicle wrecked or disabled.
Chief of police means the chief of police of the police department of the City of
Coppell, or his designee.
City means the City of Coppell, Texas.
Consent tow means the towing of a vehicle with the consent of the owner or
operator of the vehicle.
Cab Cards means a State of Texas issued cab card for each tow truck issued a
permit as required by Texas Occupations Code Chapter 2308.108.
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.
Non-consent tow means the towing of a vehicle without the consent of the
owner or operator of the vehicle or such owner's authorized representative. The term
"non-consent tow" shall not include police pulls or lawful repossessions.
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.
Permit Holder means a person licensed by the State of Texas as required by
Texas Occupations Code Chapter 2308 to engage in or perform towing service.
Police pull means the towing of a vehicle as a direct result of police action or
pursuant to the request of a police officer of the City of Coppell.
Street means any public street, highway, roadway alley or other public right-of-
way within the corporate limits of the City of Coppell.
Tow truck means a vehicle designed for the towing of other vehicles.
Towing company means means an individual, association, corporation, or
other legal entity that controls, operates, or directs the operation of one of more tow
trucks over a public roadway in this state but does not include a political subdivision of
the state Acts of the 80th Legislature 2007 (Texas Occupations Code Chapter 2308).
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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.
Vehicle storage facility means a vehicle storage facility that is operated by a
person who holds a license issued under Texas Occupations Code Chapter 2303.
Wrecked vehicle means a vehicle which has been damaged as a result of
overturning or colliding with another vehicle or object so as to reasonably necessitate
that the vehicle be removed by a wrecker.
Wrecker means a vehicle designed to be used primarily for moving or removing
wrecked or disabled vehicles from any street, including, but not limited to tow trucks as
herein defined.
Wrecker service means the act or business of towing vehicles with a wrecker or
tow truck.
Sec. 6-9-2. Registration; license.
(A) It shall be unlawful for any person to operate or cause to be operated a
wrecker that performs consent tows within the city without first having registered the
wrecker with the State of Texas and obtained a cab card as required by Texas
Occupations Code Chapter 2308.
B. It shall be unlawful for any person to operate or cause to be operated a
wrecker that performs non-consent tows within the city, regardless of whether the owner
of the wrecker has a place of business in the city, without first having registered and
obtained a cab card from the State of Texas as required by Texas Occupations Code
Chapter 2308.
C. It shall be unlawful for any person to operate a wrecker that performs
non-consent tows within the city without having obtained a cab card as required by
Texas Occupations Code Chapter 2308.
Sec. 6-9-3. Reserved for future use.
Sec. 6-9-4. Towing company records.
A towing company that has entered into a contract with the City shall retain at
its principal 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;
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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.
C. It shall be unlawful for any towing company or licensee or permittee to
fail to make, keep or maintain logs or records which contain the information required by
the foregoing subsection A of this section, and by section 6-9-4, for a period of at least
12 months from the date of any tow.
Sec. 6-9-6. Tow service; accident.
A. The operator of a wrecker called to an accident to provide service shall
remove all wreckage and debris, including broken glass, from the public street or right-
of-way prior to departing the accident location.
B. No person shall drive or cause to be driven a wrecker to the scene of an
accident within the city unless requested by the owner of the vehicle or by the police
”
department.
SECTION 2.
That all provisions of the 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3.
That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or 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 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
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SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended, shall be subject to a fine not to exceed the
sum of Five Hundred ($500.00) dollars for each offense, and each and every day such offense
shall continue shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 2 'day of
2008
ATTEST:
B B ITY SECRET Y
AS TO FORM:
ERT E. HAGEI~/ TY ATTORNEY
(JDD/cdb 10/09/08
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