OR 97-819 Operation of tow trucks AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 97819
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 Section 6-9-1 of Chapter 6, Article 6-9, in part, to 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.
Disabled Vehicle means a vehicle which has been rendered unsaf~ 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.
Licensee means a person licensed by the City of CoppeI1 to engage in or perform
wrecker service.
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 lhcility. including a lessee, employee or
agent ofm~ 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.
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-~vay
within the corporate limits of the City of Coppell.
Tow Truck means a vehicle designed for the towing of other vehicles.
Towing Company means a person operating a tow track registered under Chapter
1135, Acts of the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
Vemon'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
o f the State of Tex as.
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 facility operated by a person licensed under
Article 6687-9a, Revised Texas Civil Statutes, as amended.
Wrecked Vehicle means a vehicle which has been damaged as a result of
overturning or colliding ~vith 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 track.
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 City, if the owner of the wrecker has a place
of business in the City.
B. It shall be unlawful for any person to operate or cause to be operated a
wrecker that pertbrms 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 the wrecker with the City.
C. It shall be unlawfifl liar any person to operate a wrecker that pertbrms non-
consent tows within the City without haviug obtained a license from the
City.
D. A person who must register a wrecker or obtain a license shall make
application for the same to the Chief of Police of the City, or his designee,
upon a form provided for that purpose. The application must be signed by
the person who is to be licensed or who will own, control or operate the
wrecker, verified, and include the following:
1. the name, address and telephone number of the applicant and of the
operating company, the trade name or filed assumed name under
which the applicant does business, the street address and telephone
number of the towing company, and 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 nmnber,
State license plate number, capacity, design and color scheme, and
the lettering to be used thereon of each wrecker;
3. satisfhctory proof of insurance in at least the Ibllowing minimum
a) for damage arising out of bodily injury to or death of one (1)
person in any one accident or single occurrence: $20,000.00:
b) for damages arising out of bodily injury to or death of two
(2) or more persons in any one accident or single occurrence:
$40,000.00;
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c) for injury to or destruction of property of others in any one
accident or single occurrence: $15,000.00;
4. m~y other information as may reasonably be required by the Chief of
Police of the City or his designee; and,
5. a non-refundable license fee in an amount not to exceed $15.00 or a
non-re~mdable registration fee in an amount established by
resolution of the City Council.
E. The registration and license issued under this Article are non-transferable
and shall expire on an mmual basis on December 31 of the year in which
they were issued.
F. The Chief of Police 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. The registration
or license may be confirmed by the issuance of a certificate or sticker by the
Chief of Police which, when issued, must be displayed on the inside lower
left portion of the windshield of the ~vrecker at all times when the wrecker is
being operated in the City. It shall be unlawful for any person to fail to
display a valid certificate or sticker issued by the Chief of Police
establishing the registration or license while performing or providing any
wrecker service
Sec. 6-9-3 REGISTRATION; LICENSE DENIAL; REVOCATION
A. The Chief of Police shall re~lse to issue, or renew or may revoke or suspend
a wrecker registration or wrecker operator 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 thnes within
a 24 month period for any violation of this Article;
3. violates any provision of this Article~ whether or not cited or
convicted, at least twice within a 12 month period or three times
within a 24 month period;
4. fails to include material information in the application for
registration or license or fails to submit a complete application;
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5. fails to properly or adequately maintain books, records, logs or work
orders, or fails to allow or permit inspection or review of such books,
records, logs or work orders by the City or by the Chief of Police;
6. Ihils to timely and promptly report a non-consent tow to the Police
Department; or
7. fails to maintain insurance coverage in the minimum amounts
required herein or allows such coverage to lapse.
B. The Chief of Police shall provide written notice of denial, suspension, or
revocation of a registration or license. The notice shall include the reason
for denial, suspension or revocation and a statement informing the applicant
of the right to appeal.
C. The denial, suspension or revocation of a license or registration may be
appealed to the City Manager in writing within thirty (30) days after
issuance of the notice of denial, suspension or revocation, which notice must
state clearly the basis of the appeal. No applicant or holder of a registration
or license under this Article shaII have or possess any property rights or
interest in or to the registration or license. The decision of the City M~mager
shall be final.
Sec. 6-9-4 TOWING COMPANY RECORDS
A to,ving company 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 to,v; the
reason for and location of tow; description of the vehicle; m~d location of the storage
lhcility 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 lBr 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 fbr removal of the vehicle;
3. a description of the removed vehicle, including the year, make.
model, color, State license plate number and vehicle identification
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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 fb_il to show, upon demand of a police officer, a ~vork
order or ~vritten authorization lbr the tow.
C. it shaI1 be tinlawful for any towing company or licensee or permittee to f~til
to make, keep or maintain logs or records which contain the information
required by the lbregoing subsection A of this section, and by Section 6-9-4,
for a period of at least twelve (12) months l~om 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 ordinances and provisions of the Code of Ordinances of the City of
Coppell, Texas in conflict with the provisions of this ordinancc 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 eflbct.
SECTION 3. That should any word, pincase, 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 lbrce and eftbct.
SECTION 4. An offense committed be/bre the eftbctive date of this ordinance is governed
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by the prior law and the provisions of the Code of Ordinances, as amended. in efl~ct when the
ofl~nse was committed and the former law is continued in effect tbr this purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions of this
ordinance or the Code of Ordinances as mended 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 cxcced the sum of Five l lundred Dollars ($500.00) for each ofii:nse, 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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the cY27z'/I day
of j)eckr ~,~lL~',' ,1997.
APPROVED:
· · Ii
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
'- 7I
PE'TER G. S~IFgI:I,'CITY ATTORNEY
tDMB/PGS/ss10273 10/13/97)
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