HomeMy WebLinkAboutOrdinances (O-92-867)-07/21/1992
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ORDINANCE NO: 0-92-867
AN ORDINANCE AMENDING CHAPTER 4 OF THE COLLEYVILLE CODE
BY ADDING THERETO A SECTION 18 PROVIDING FOR REGULATIONS
CONCERNING WRECKERS AND WRECKER SERVICE, ESTABLISHING
DEFINITIONS, ESTABLISHING RULES AND REGULATIONS GOVERNING
THE ORIGINATION OF TOWS, CHARGING FOR TOWS, PROVIDING FOR
NOTICE CONCERNING TOWS, REQUIRING LICENSES AND PERMITS,
PROVIDING FOR CRITERIA FOR THE ISSUANCE OF LICENSE AND
PERMITS, ESTABLISHING PROCEDURES REVOKING LICENSING AND
PERMITS, ESTABLISHING APPEALS PROCEDURES, ESTABLISHING A
PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, the city Council has determined it is in the best
interest of the City to establish regulations
concerning wreckers and wrecker service
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. l:
THAT Chapter 4 of the Colleyville Code be amended
by adding thereto a Section 18 providing as
follows:
"SECTION 18. REGULATION OF WRECKERS AND WRECKER
SERVICE.
A. Definitions:
As used in this section:
(1) "Wrecker" shall mean a motor
vehicle or mechanical device adapted or
used to tow, wench, or otherwise move
disabled motor vehicles.
(2) "Wrecker service operator"
shall mean a person engaged in the
business of using a wrecker to tow,
wench, or otherwise move a motor
vehicle.
(3) "Drop rate" shall mean the fee
charged for a nonconsent tow which is
disengaged pursuant to the provisions of
part E of this section, while the towed
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vehicle is still on the premises from
which it is being removed.
(4) "Nonconsent tow" shall mean a
tow conducted without the permission of,
or not at the direction of legal or
registered owner of the towed vehicle,
or such owners authorized
representative, and which originates in
the city. Nonconsent tows shall not
include tows made at the direction of
the police department.
(5) "Parking facility" shall mean
any public or private property used, in
whole or in part, for the restricted
and/or paid parking of vehicles. It
includes but is not limited to
commercial parking lots, parking
garages, and parking areas serving or
adjacent to businesses, churches,
school, homes and apartment complexes.
It also includes'a restricted portion or
portions of an otherwise unrestricted
parking facility.
(6) "Parking facility owner" shall
mean any operator or owner of a parking
facility, including a lessee, employee
or agent thereof.
(7) "Tow service log" shall mean a
record slip, record ticket, invoice,
book or other written article that
contains the address of pick up and
delivery of the vehicle being towed, the
name and telephone number of the party
ordering the tow, and the license number
of the vehicle and identification of
vehicle being towed.
No Wrecker at Scene Unless Called by
Police.
No wrecker shall arrive at the
scene of an accident within the City of
Colleyville unless such wrecker has been
called to the scene by the owner or
operator of a vehicle or his authorized
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representative or by the police
department. Each wrecker operator, when
called by the owner or operator of a
vehicle or his authorized
representative, shall notify the policy
dispatcher before proceeding to the
scene of the vehicle.
C. Coveraqe - Off street Vehicles.
The prohibitions and requirements
of this section shall apply to all
accidents and disablement regardless of
whether or not the final resting place
of a vehicle is upon a street
immediately after the accident or
disablement.
D. Disengaging of Tows.
Any wrecker service operator shall
cease the removal of a vehicle upon the
request of the vehicle's operator and
upon the payment of the charges incurred
to that point, except in the case of
police pulls or in cases in which the
police officer in charge determines that
public safety requires the removal of
the vehicle.
E. Notice of Vehicle Removal.
(1) Prior to a wrecker operator
removing a vehicle pursuant to V.A.T.S.
Article 6701 g-1 or Article 6701 g-2, he
shall give oral or written notice of the
removal to the person directing the
removal and to the dispatch services of
the Colleyville Police Department.
(2) Prior to a wrecker operator
removing a vehicle pursuant to a
repossession, he shall give oral or
written notice of removal to dispatch
services at the Colleyville Police
Department.
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(3) Under this Section, notice to
dispatch services at the Colleyville
Police Department shall consist of:
(a) The license plate number,
registration year, state of
registration, vehicle identification
number if known, color, make, model, and
style of vehicle being removed,
(b) the reason for the
removal of the vehicle,
(c) the name of the person
authorizing the removal of the vehicle,
(d) the location of the
vehicle prior to its removal,
(e) the address of the
vehicle storage facility where the
vehicle will be stored; and
(f) the name, telephone
number and address of the wrecker
service removing the vehicle.
4. Under this section, notice to
the person directing the removal shall
consist of:
(a) A license plate number,
registration year, state of
registration, vehicle identification
number if known, color, make, model, and
style of vehicle being removed;
(b) the reason for the
removal of the vehicle;
(c) the location of the
vehicle prior to its removal; and
(d) the address of the
vehicles storage facility where the
vehicle will be stored.
Compliance With State Standards Reauired.
Any wrecker service operator shall
at all times comply with all rules
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pertaining to minimum insurance
requirements and minimum safety
standards for the operation of tow
trucks adopted by the Texas Commissioner
of Licensing and Regulation pursuant to
V.A.T.S. Article 6687-9b, section 3.
G. Requlations Applicable to NonConsent
Tows.
(1) Licensing Fees
(a) The annual fees applicable to
this part shall be as follows:
1. Nonconsent tow business
license fee: $200.00.
2. Inspection fee (per
wrecker): $20.00.
3. Driver's permit fee (per
driver): $15.00.
(b) The nonconsent to business
license application fee shall
be $200.00.
(c) The charge to replace a lost
or destroyed license, permit
or inspection certification
shall be $5.00.
(d) The charge to reissue a
license or permit before its
expiration due to licensee's
change of physical address
shall be $5.00.
(e) The nonconsent tow business
license renewal late fee shall
be $25.00.
(f) The fees charged herein are to
cover the administrative costs
of investigation and
processing. No fee payments
shall be refundable.
(g) The fee for an original
license or permit which is
issued for a period of time
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shorter than the City's fiscal
year shall be prorated.
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(2) License Required.
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A person commits an offense if
he does not have a valid nonconsent
tow business license issued by the
City and he allows a wrecker under
his control to be used in a
nonconsent tow.
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(3) License Displayed.
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An owner or manager of a
nonconsent tow business commits an
offense if he fails to prominently
display upon his premises a valid,
nonconsent tow business license.
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(4) Inspection certificate Required.
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(a) The operator of a wrecker
engaged in a nonconsent tow commits
an offense if he operates such
wrecker without displaying thereon,
as required herein, a valid
inspection certificate issued to
such wrecker by the City.
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(b) A person commits an
offense if he allows a wrecker
under his control to engage in a
nonconsent tow when said wrecker
does not display, as required
herein, a valid inspection
certificate issued by the City.
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(c) An inspection certificate
issued hereunder shall be displayed
upon and affixed to the inside of
the upper left corner of the rear
window of the wrecker so that it
may be read from the outside of the
wrecker.
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(5) Driver's Permit Required.
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(a) The operator of a wrecker
engaged in a non-consent tow
commits an offense of he operates
such wrecker without having been
issued and without then and there
possessing a valid driver's permit.
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(b) The operator of a wrecker
engaging in a nonconsent tow
commits an offense if he fails to
display a valid driver's permit to
any peace officer requesting to see
it.
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(c) A person commits an
offense if he permits a wrecker
operator under his control to
engage in a nonconsent tow without
such operator having been issued a
valid driver's permit.
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(6) License Application and
Requirements.
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(a) A nonconsent tow business
license shall be valid only for the
physical location indicated on the
license.
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(b) A nonconsent tow business
license shall not be transferrable.
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(c) A nonconsent tow business
license shall expire at midnight on
September 30th of the fiscal year
for which it is issued.
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(d) An inspection certificate
shall expire at midnight on
September 30th of the fiscal year
for which it is issued.
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(e) An application for a
nonconsent tow business license
shall be in writing and sworn to,
on a form prescribed by the Chief
of Police, and shall include the
following:
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1. The wrecker service's
name, physical address,
mailing address and telephone
number;
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2. The name, date of
birth and home address of the
applicant if a sole
proprietorship;
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3. The name, date of
birth and home address of each
partner if the applicant is a
partnership;
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4.
birth and
corporate
applicant
The name, date of
home address of each
officer, if the
is a corporation;
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5. The name, date of
birth and home address of each
owner of the wrecker service,
and the percentage of
ownership interest each holds
in the business;
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6. The name, date of
birth and home address of the
operator/manager of the
wrecker service if it is not
operated/managed by one of the
owners;
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7. A list of all felony
convictions and misdemeanor
convictions during the five
(5) years prior to the date of
application for which the
maximum punishment is
confinement in jailor a fine
exceeding $500.00, against the
applicant, a partner, a
principal or general manager
or officer of the applicant;
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8. A list of all
V.A.C.S., Article 6701g-3
hearings during the three (3)
years preceding the date of
application that involved a
vehicle towed by or authorized
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to be towed by the applicant,
a partner, a principal or
general manager or officer of
the applicant, or any employee
thereof, Such list shall
include the court in which the
hearing was conducted, the
date of the hearing and the
Court's ruling. It shall not
be necessary to list hearings
which resulted from a tow
authorized by a peace officer
while acting in his official
capacity.
9. As to each wrecker
the applicant intends to
utilize for nonconsent tows:
a. Its make, model,
size and model year;
b. Its vehicle
identification number;
c. Its Texas
license plate number;
d. Its Texas tow
truck license plate
number; and
e. A photocopy of
its certificate of
registration issued by
the Department of
Licensing and Regulation;
10. A statement that all
of applicant's wreckers
utilized for nonconsent tows
are currently and will remain
in compliance with State tow
truck requirements as
specified in V.A.C.S., Article
6687-9b, and the rules adopted
pursuant thereto by the
Commissioner of Licensing and
Regulation;
11. A statement that
applicant is currently and
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will remain in compliance with
the requirements of V.A.C.S.,
Article 911b, and any
regulations adopted pursuant
thereto by the Railroad
Commission of Texas;
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12. A statement that
applicant is currently and
will remain in compliance with
the requirements of this
section;
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13. A statement that
applicant is currently and
will remain in compliance with
V.A.C.S., article 6701g-2;
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14. A certification from
the City's Tax Department that
applicant has no delinquent
taxes due to the City at the
time of the application;
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15. A certification from
an underwriter that the
applicant has in force, for
each named wrecker, a policy
or policies of insurance
issued by an insurance company
authorized to transact
business in the State that
conform to the minimum
requirements adopted by the
Commissioner of Licensing and
Regulation; and
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16. An itemized list of
standard fees charged by
applicant, including but not
limited to, nonconsent tows,
and a drop rate.
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f. An application filed by a
corporation shall be signed and
sworn to by its president and
secretary.
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(7) Action on License Application.
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Upon the filing of an original
or renewal application for a
nonconsent tow business license,
the Chief of Police shall cause
such application to be investigated
and all wreckers designated therein
to be inspected.
(8) Issuance of License and Inspection
certificates.
a. within forty-five (45)
days after the filing of an
original application (or fifteen
[15J days after the filing of a
renewal application) for a
nonconsent tow business license,
and upon the payment of the license
fee and inspection fees, the Chief
of Police shall issue a license
unless he determines that grounds
exist for its denial.
b. Upon the issuance of the
license, the Chief of Police shall
issue a certificate of inspection
for each wrecker named in the
application which passes
inspection.
c. Upon the issuance of a
nonconsent tow business license,
the Chief of Police shall deliver
to the licensee a copy of this
Section.
d. Upon the denial of a
nonconsent tow business license,
the Chief of Police shall send
applicant a written notice of
denial by certified mail, return
receipt requested. Such notice
shall state the reason for denial
and applicant's right to appeal.
(9) Licensee's Change of Address.
a. No later than fifteen (15)
days prior to moving the physical
address of a nonconsent tow
business, a licensee shall apply to
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the Chief of Police for an amended
license.
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b. Such application shall be
accompanied by the fee specified in
part (1) (d) hereof.
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(10) License Renewal.
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a. A licensee may apply to
the Chief of Police for a license
renewal no earlier than September
1st of the year the license
expires.
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b. Such renewal application
shall be in writing and shall
state:
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1. Al changes to
information contained in the
original license application;
and
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2. That all other
information contained in the
original application is true
and correct.
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c. The license renewal
application shall be sworn to.
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d. If a licensee fails to
renew the nonconsent tow business
license before it expires, he may
renew it upon payment of the annual
license fee and a $25.00 late fee.
If an application for renewal is
not filed by the thirty-first
(31st) day after the date the
license expires, the license may
not be renewed. To reinstate the
license, the licensee must comply
with the requirements for an
original license.
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e. A licensee whose license
will be under suspension on its
expiration date may file a license
renewal application not earlier
than thirty (30) days prior to nor
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later than the date of the last day
of the suspension. A licensee who
files within this deadline shall be
allowed to renew the license
without payment of a late fee.
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(11) Application for Driver's Permit.
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a. A driver's permit shall be
valid only for tows conducted for
the licensee named on the permit.
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b. A driver's permit shall
not be transferable.
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c. A driver's permit shall
expire at midnight on September
30th of the fiscal year for which
it is issued.
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d. A driver's permit shall be
valid only while the licensee named
thereon has a current, unsuspended,
unrevoked license.
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e. An application for a
driver's permit shall be in writing
and sworn to, on a form prescribed
by the Chief of Police, and shall
include the following:
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1. Applicant's name,
date of birth and home address;
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2. the name of the
licensee by whom applicant is
employed;
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3. Applicant's places of
residence for the last five (5)
years;
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4. A full description of
applicant including his height,
weight, eye color, hair color,
distinguishing body features or
marks, and an impression of his
fingerprints and his photograph
both taken by the Colleyville
Police Department;
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5. A description of
applicant's experience driving tow
trucks;
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6. A list of all felony
convictions and all misdemeanor
convictions during the five (5)
years preceding the date of
application which are punishable by
confinement in jailor a fine of
$500.00 or more;
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7. A list of all traffic
and wrecker offenses for which
applicant was conflicted for the
two (2) years preceding the date of
the application;
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8. Applicant's Texas
driver's license number;
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9. A list of all times
applicant's'driver's license has
been the subject of a suspension
hearing, and the outcome of such
hearings; and
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10. A statement that
applicant knows the requirements of
V.A.C.S., Article 6701g-2, and
those of V.A.C.S., Article 6687-9b,
and the rules adopted pursuant
thereto.
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11. A list of all
V.A.C.S., Article 6701g-3 hearings
during the three (3) years
preceding the date of the
application that involved a vehicle
towed by or authorized to be towed
by applicant. Such list shall
include the court in which the
hearing was conducted, the date of
the hearing and the court's ruling.
It shall not be necessary to list
hearings which resulted from a tow
authorized by a peace officer while
acting in his official capacity.
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(12) Action on Permit Application.
Upon the filing of an original
or renewal application for driver's
permit, the Chief of Police shall
cause such application to be
investigated.
(13) Issuance of Permit.
a. within fifteen (15) days
after the filing of an original or
renewal application for a driver's
permit, and upon the payment of the
driver's permit fee, the Chief of
Police shall issue a permit unless
he determines that grounds exist
for its denial.
b. A driver's permit shall
include a photograph, physical
description and home address of the
permittee, the name and address of
the licensee for whom he works and
an identification number issued to
him by the Chief of Police.
c. Upon the denial of a
driver's permit, the Chief of
Police shall send written
notification of such denial to the
applicant by certified mail, return
receipt requested. Such
notification shall state the reason
for the denial, and applicant's
right to appeal.
(14) Permit Renewal.
a. A permittee may apply to
the Chief of Police for a driver's
permit renewal no earlier than
September 1st of the year it
expires.
b. Such renewal application
shall be in writing and shall
state:
1. All changes to
information contained in the
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original driver's permit
application; and
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2. That all other
information contained in the
original application is true
and correct. .
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c. The permit renewal
application shall be sworn to.
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(15) Grounds for Denial, Suspension or
Revocation of a License.
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The following shall be grounds
for the Chief of Police to deny an
original or renewal application for
a nonconsent tow business license,
or, after a hearing, to suspend or
revoke a license, if he determines
that the applicant/licensee, a
partner of the applicant/licensee,
a principal in the
applicant's/licensee's business, or
an employee of the
applicant's/licensee's business:
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a. Has been finally
convicted of a felony which
relates directly to the duty
or responsibility of towing
vehicles or operating a
vehicle storage facility;
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b. Has within the five
(5) years preceding the date
of the most recent license
application been finally
convicted of a misdemeanor
that is punishable by
confinement or by a fine
exceeding $500.00, and which
relates directly to the duty
or responsibility of towing
vehicles or operating a
vehicle storage facility;
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c. Has within the three
(3) years preceding the date
of the most recent license
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application made or authorized
the nonconsent tow of a
vehicle without probable cause
as determined by a magistrate;
d. Has had within the
three (3) years preceding the
date of the most recent
license application a vehicle
storage facility license or
tow truck certificate of
registration denied, revoked
or suspended by the Department
of Licensing and Regulation;
or his nonconsent tow business
license or driver's permit
denied, revoked or suspended
by the City of Colleyville;
e. Failed to maintain
the minimum insurance
requirements as directed
hereunder;
f. Charged a person a
fee for a nonconsent tow which
exceeded those filed by
applicant hereunder, or which
was not allowed hereunder;
g. Made a false
statement on a nonconsent tow
business license application;
h. Received more than
two (2) convictions in a
twelve (12) month period for a
violation of this section;
i. Failed to comply with
the record keeping provisions
hereunder, as set forth in
part H (20) hereof; or
j. Failed to comply with
the signage provisions
hereunder as set forth in part
H (21) hereof.
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(16) Grounds for Denial, Suspension or
Revocation of Driver's Permit.
The following shall be grounds
for the Chief of Police to deny an
original or renewal application for
a driver's permit, or, after a
hearing, to suspend or revoke a
permit if he determines that the
applicant/permittee:
a. Has been convicted of
a felony which relates
directly to the duty or
responsibility of towing
vehicles or operating a
vehicle storage facility;
b. Has within the five
(5) years preceding the date
of the most recent permit
application been finally
convicted of a misdemeanor
that is punishable by
confinement or by a fine
exceeding $500.00, and which
relates directly to the duty
or responsibility of towing
vehicles or operating a
vehicle storage facility;
c. Has within the three
(3) years preceding the date
of his most recent permit
application made or authorized
the nonconsent tow of a
vehicle without probable cause
as determined by a magistrate;
d. Has had within the
three (3) years preceding the
date of his most recent permit
application a vehicle storage
facility license or tow truck
certificate of registration
denied, revoked or suspended
by the Department of Licensing
and Regulation; or his
nonconsent tow business
license or driver's permit
denied, revoked or suspended
by the City of Colleyville;
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e. Made a false
statement on a driver's permit
application;
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f. Received convictions
during the year prior to the
date of the original
application for more than two
(2) violations of this
section, moving traffic
violations, or a combination
thereof;
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g. While a permittee,
received more than two (2)
convictions in a one (1) year
period for violation of this
Section, a moving traffic
violation, or any combination
thereof; or
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h. Failed to comply with
the signage provisions
hereunder as set forth in part
H (21) hereof.
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(17) Revocation of License or Permit -
Hearing.
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A. When it comes to the
attention of the Chief of Police
that grounds exist for the
revocation of a license or permit
issued under this Article, he shall
schedule a hearing.
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B. The Chief of Police shall
issue a notice to a licensee or
permittee of such hearing with
service by certified mail, return
receipt requested, or by personal
service.
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C. A hearing notice shall be
in writing and shall name the
place, date and time of the
hearing. The notice shall also set
forth a summary of the charges.
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D. A hearing shall be
scheduled for a date no later than
fifteen (15) days after the notice
is issued.
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E. The Chief of Police or his
designee shall preside at the
hearing as hearings officer.
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F. At the conclusion of a
hearing, the hearings officer shall
make written findings of fact and
conclusions of law without undue
delay. The hearings officer shall
further issue written orders
appropriate to his findings.
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G. If grounds exist for the
revocation of a license or permit,
the hearings officer may order such
license or permit revoked or may
order it suspended for a period not
to exceed six (6) months.
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H. A copy of the findings,
conclusions and order shall be
delivered to the licensee or
permittee. If the hearings officer
suspends or revokes a license or
permit, he shall further deliver to
the licensee or permittee written
notice of the right to appeal.
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(18) Determining Factors.
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In determining whether to
deny, suspend, or revoke a license
or driver's permit, the Chief of
Police shall consider:
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A. The seriousness of
the violation;
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B. The history of
previous violations;
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C. The sanction
necessary to deter future
violations;
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D. Efforts made to
correct the violation; and
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E. In determining
whether a criminal conviction
directly relates to the duty
or responsibility of towing or
storing vehicles, the Chief of
Police shall consider:
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(1) The nature and
seriousness of the crime;
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(2) The
relationship of the crime
to the purposes for
requiring a license or
permit;
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(3) The extent to
which a license or permit
might offer an
opportunity to engage in
further criminal activity
of the same type as that
in which the person
previously had been
involved; and
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(4) The
relationship of the crime
to the ability, capacity,
or fitness required to
perform the duties and
discharge the
responsibilities of the
license or permit.
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(5) In addition to
the factors that may be
considered above, the
Chief of POlice, in
determining the present
fitness of a person who
has been convicted of a
crime, shall consider the
following evidence:
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a. The extent
and nature of the
person's past
criminal activity;
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b. The age of
the person at the
time of the
commission of the
crime;
c. The amount
of time that has
elapsed since the
person's last
criminal activity;
d. The conduct
and work activity of
the person prior to
and following the
criminal activity;
e. Evidence of
the person's
rehabilitation or
rehabilitative
effort while
incarcerated or
following release;
and
f . Other
evidence of the
person's present
fitness, including
letters of
recommendation from:
prosecution, law
enforcement, and
correctional
officers who
prosecuted,
arrested, or had
custodial
responsibility for
the person; the
sheriff and chief of
police in the
community where the
person resides and
any other persons in
contact with the
convicted person.
(6) It shall be the
responsibility of the
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applicant to the extent
possible to secure and
provide to the Chief of
Police the
recommendations of
prosecution, law
enforcement, and
correctional authorities.
The applicant shall also
furnish proof in such
form as may be required
by the Chief of Police
that he has maintained a
record of steady
employment and has
supported his dependents
and has otherwise
maintained a record of
good conduct and has paid
all outstanding court
costs, supervision fees,
fines, and restitution as
may have been ordered in
all criminal cases in
which he has been
convicted.
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(19) Appeal of Denial, Suspension or
Revocation.
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A. A person whose license or
permit application is denied shall
have the right to appeal.
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B. A person whose license or
permit is suspended or revoked
shall have the right to appeal.
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C. An appeal shall be in
writing, setting forth the reasons
for the appeal, and shall be sworn
to.
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D. An appeal shall be filed
with the Chief of Police no later
than the tenth (10th) day following
the date of the denial or the date
that the revocation/suspension
orders are signed.
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E. After receiving an appeal,
the Chief of Police shall
immediately forward it and all
pertinent records to the appeals
officer designated by the City
Manager.
F. An appeal shall stay a
suspension or revocation.
G. The appeals officer shall
set a date for a hearing that is no
later than the twentieth (20th) day
following the date the appeal is
filed.
H. The appeals officer shall
issue notice of the hearing to the
person filing the appeal and to the
Chief of Police.
I. The appeals officer shall
be empowered to reverse or amend
the decision of the hearings
officer.
J. The appeals officer shall
make written findings of fact and
conclusions of law, and his
decision shall also be in writing.
He shall forward a copy of such to
the person making the appeal and to
the Chief of Police.
K. An appeal shall exhaust
all administrative remedies.
(20) Responsibilities of Licensee -
Records Keeping.
A.
written
tows as
records
A licensee shall keep
records on each vehicle it
a nonconsent tow. These
shall contain:
1. The year, make,
model, color, correct license
plate number, state issuing
the license and correct
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vehicle identification number
of the vehicle;
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2. The date, time and
location from which the
vehicle was towed, and the
name of the person who
authorized the tow;
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3. The name of the tow
truck driver that towed the
vehicle, and the regular and
tow truck license plate
numbers of the tow truck that
towed the vehicle; and
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4. All amounts charged
for the towing of such
vehicle, and the specific
nature of each charge.
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B. The licensee, his agent or
employee shall make these records
available for inspection and
copying by the Chief of Police or
his designee upon his request,
during the operating hours of the
licensee.
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C. Required records shall be
kept under the care and custody of
the licensee for at least two (2)
years from the date of the tow.
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(21) Signage and Posting.
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Every holder of a non consent
tow business license or driver's
permit issued pursuant to this
Chapter, and every certificate
holder shall comply with the
following minimum signage
requirements for nonconsent tows
from parking facilities:
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A. These requirements
shall apply only where notice
of prohibited parking is given
by signs. They shall not
apply to tows made of vehicles
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parked in fire lanes or of
vehicles obstructing an
entrance, exit or aisle of a
parking facility. They also
shall not apply to tows made
of vehicles when the vehicle's
owner has actually received
notice from the parking
facility owner that the
vehicle will be towed away if
it is not removed.
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B. Signs shall be placed
on the right-hand side of each
driveway access or curb cut
allowing vehicular access to a
parking facility. If there
are no curbs or access
barriers, signs shall be
placed at intervals of not
less than twenty-five feet
(25') around the perimeter of
the parking facility, or that
portion of the perimeter which
is accessible by vehicles.
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c. Each sign shall be
placed at a right angle so as
to fact entering traffic.
They shall be placed no
farther than five feet (5')
from the public right-of-way
line, but shall not be within
said right-of-way.
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D. Each sign shall be
permanently installed on posts
so that the bottom edge of the
sign is no closer than five
feet (5') nor farther than
seven feet (7') from the
grounds.
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E. Each sign shall be a
minimum of eighteen inches
(18") wide by twenty-four
inches (24") deep. Their
facings shall be fabricated
out of weatherproof material.
The letters on such signs
shall be of a minimum height
of two inches (2"), of a
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contrasting color to the
background and shall be light
reflective. The background
shall be white.
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F. Each sign shall state
who may park in the facility,
and shall further state that
all others are prohibited and
will be towed away at the
owner's expense. The words
"TOW AWAY ZONE" shall be
included on each sign in
capital letters of a minimum
height of two inches (2").
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G. Each sign shall
provide the name and current
telephone number of the person
or firm authorized to tow
vehicles from the parking
facility, and the name and
current telephone number of
the vehicle storage facility,
if different from the person
or firm authorized to tow
vehicles. Alternatively, each
sign may state the name and
phone number of the parking
facility owner if that person
has knowledge of the location
of the stored vehicle.
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H. Signs shall be
continuously maintained at a
parking facility for twenty-
four (24) hours prior to the
towing or removing of any
vehicle. However, this
subsection shall not be deemed
as giving proper notice to the
owner of a vehicle parked on a
parking facility prior to the
installation of the signs and
not subsequently moved by the
owner.
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I. These provisions
shall be in addition to the
requirements of V.A.C.S.,
Article 6701g-2.
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(22) Towing Charges.
A. A person commits an
offense if he owns or operates a
wrecker business and he fails to
post conspicuously at the physical
address of such business the fees
charged by said business for
nonconsent tows.
B. A person commits an
offense if he knowingly places for
storage a vehicle towed without the
owner's consent, at a vehicle
storage facility that fails to post
conspicuously the fees charged for
nonconsent tows by such facility.
C. A licensee, certificate
holder, or an agent thereof commits
an offense if it charges fees for
nonconsent tows in excess of those
stated on its itemized list of
charges filed pursuant hereto.
D. A licensee or a
certificate holder shall submit all
changes in its fee schedule to the
Chief of Police, and such changes
shall be on file at least ten (10)
calendar days prior to becoming
effective. Fees charged a vehicle
owner shall be those that were
effective on the date a vehicle was
towed, not those effective on the
date the vehicle was claimed.
(23) Notice of 670lg-3 Hearings.
A. Upon initial contact with
the owner of a vehicle which is the
subject of a nonconsent tow, a
wrecker service operator, a vehicle
storage facility operator, or any
employee or agent thereof shall
give written notice to the vehicle
owner of his right to a hearing
pursuant to V.A.C.S., Article
670lg-3.
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Sec. 2:
Sec. 3:
B. Such notice shall include
a statement that the hearing must
be requested in writing within six
(6) days of the date the vehicle
was stored and that the request
must be filed with a magistrate in
whose jurisdiction the vehicle
storage facility is located.
C. A person commits an
offense if he fails to provide
notice as provided by this section.
(24) Effective Date of Licensing
Requirements.
In order to give persons who
wish to engage in nonconsent tows
time to make application, and in
order to give the Chief of Police
time to act on said applications,
the effective date of Sections H
(21), H (3), H (4) and H (5) hereof
shall be July 1, 1992.
THAT any person, firm or corporation violating any
provision of this ordinance shall be deemed guilty
of a misdemeanor and upon final conviction thereof
fined in an amount not to exceed Five Hundred
Dollars ($500.00). Each day any such violation
continues or is allowed to exist shall constitute
a separate violation and be punishable hereunder.
THAT the City Secretary is hereby authorized to
cause publication of the descriptive caption and
penalty clauses of this ordinance as an
alternative method provided by law.
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AND IT IS SO ORDERED
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The first reading and public hearing being conducted on the
I{'~ day of JIAl'\e... , 1992.
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The second reading and public hearing being conducted on the
13~ day of \ )Lt l ~ , 1992.
The third reading and public hearing being conducted on the
~/sr day of ..j"l~ , 1992.
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ATTEST:
J~'
City Secretary
CITY OF COLLEYVILLE
f?!1jllo-sk-
Richar Newton
Mayor
APPROVED AS TO FORM AND LEGALITY:
~s~
City Attorney
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