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1980-022No O-Ag AN ORDINANCE CREATING A NEW SECTION 24-131 2 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "A SYSTEM FOR POLICE INITIATED TOWING SERVICES", PRO- VIDING DEFINITIONS, PROVIDING FOR A POLICE ROTATION LIST PRIVILEGE PERMIT, PROVIDING STANDARDS FOR THE ISSUANCE OF SUCH PERMIT, PROVIDING FOR THE SUSPENSION OR REVOCATION OF SAID PERMIT, PROVIDING A SAVINGS CLAUSE, PROVIDING A REPEALER CLAUSE AND DECLARING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That the Code of, Ordinances, as amended, of the City of Denton, Texas is hereby amended by creating a new Section 24-131 2 of Chapter 24, Article V, to be entitled "A System for Police Initiated Towing Services" said section to read as follows SECTION I DEFINITIONS For the purposes of this section, the following terms, phases, words and their derivations shall have the meaning given herein (a) "City" means the City of Denton, Texas, (b) "Day Towing" means towing service between the hours of 7 00 A M and 6 00 P M on Monday, Tuesday, Wednesday, Thursday and Friday which is not an official State or Federal holiday, (c) "Hook-up" means the application and first connection of a chain hook from the two service truck to the towed motor vehicle, (d) "Night, Weekend and Holiday Towing" means towing service at all times other than "day towing", (e) "Person" means any individual, firm, partner- ship, association, corporation, company or organization of any kind, (f) "Tow Service" means a person engaged in the business of a wrecker or towing service, whereby motor vehicles are towed or otherwise removed at the direction of officers of the City Police Department by the use of a wrecker or motor vehicle designed for that purpose, (g) "Wrecked Motor Vehicle" means a motor vehicle not capable of or safe for self-propulsion SECTION II POLICE ROTATION LIST The Chef of Police is hereby authorized to establish a rotation list of tow services desiring to provide towing services upon request of police officers The tow services which desire to be placed upon and remain on a rotation list shall comply with the requirements of this Article and with all other rules and regulations which may be issued by the Chief of Police regarding towing services requested by personnel of the Police Department SECTION III SELECTION OF TOW SERVICES DURING POLICE INVESTIGATIONS In all police initiated towing of vehicles, the operator of the vehicle, if present and not incapacitated, shall have the right to select a tow service of his choice to perform the service If the operator of the vehicle to be towed is not present or is incapacitated or has no preference as to any towing service, the police officer ordering the tow shall request that the towing service be performed by the tow service then first on the rotation list maintained in the Police Communications Center When emergency circumstances exist which require the immediate removal of a vehicle from the roadway, the police officer may request towing service from the tow service nearest to the scene of the emergency A police officer may also request towing service from any company operating large cranes or other heavy equipment if same is necessary to remove traffic obstructions involving large trucks or heavy equipment SECTION IV PERMIT REQUIRED No tow service shall engage in the business of towing vehicles at the direction of a city police officer without first obtaining a Police Rotation List Privilege Permit from the City of Denton The annual permit fee shall be Twenty-Five ($25 00) Dollars PAGE 2 SECTION V APPLICATION FOR PERMIT Application for a Police Rotation List Privilege Permit shall be notarized and shall be made on forms prepared and made available by the Police Department The application shall contain the following information (a) The name, home address and business address of each owner, part owner or partner, silent or active, (b) The business address, telephone number, night telephone number, and the location of and telephone number of any storage area, (c) A description of the size and capacity of all tow trucks used by the tow service, (d) A copy of certificate of a Garage or Automobile Liability Insurance Policy insuring the tow service owner and all his employees for liability for death, bodily injury or property damage to third parties in the amount of not less than Fifty Thousand Dollars ($50,000) for any one person and One Hundred Thousand Dollars ($100,000) for one incident and Twenty-Five Thousand Dollars ($25,000) for property damage (e) The application shall be signed by each owner, part owner or partner, active or silent SECTION VI INSURANCE REQUIRED The insurance enumerated in the preceding section shall be required for all tow services and must be kept in effect during the period for which the permit is issued Cancellation of said insurance without replacement shall result in the cancel- lation of any permit issued hereunder and removal from the list of tow services SECTION VII INVESTIGATION BY CHIEF OF POLICE Within five (5) business days after receipt of each appli- cation, the Chief of Police or his representative shall cause an investigation to be made of the applicant and of his operation Such investigation shall be made for the purpose of verifying the information in the application and to assure compliance with the provisions of this Article The investi- gation shall include the following items PAGE 3 (a) That all applicants, owners and partners are fit and proper persons to conduct or work in the proposed business and have never been convicted of any theft, felony assault or any other crime involving the taking, use, tamper- ing with or conversion of a motor vehicle (b) That the tow service will use only tow trucks equipped with adequate emergency lights which shall be operating during any tow, (c) That the tow service will respond to each call for towing services by the Police Department (d) That the requirements of all governing laws and ordinances will be met SECTION VIII ISSUANCE OF PERMIT The Police Department shall issue a permit and add a tow service to the rotation list when (a) the police investigation confirms the require- ments of the preceding section, (b) the insurance policies as required by this Article have been produced, and (c) the permit fee has been paid SECTION IX DUTIES OF POLICE ROTATION LIST TOW SERVICES (a) Tow services shall maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner and proper equipment to tow vehicles in such a manner as to minimize any damage to towed vehicles, as well as appropriate equipment to properly remove any glass or other injurious substance off the roadway resulting from the vehicle being towed or accident in which the vehicle was involved (b) That the tow service will provide twenty-four (24) hour a day, seven (7) day a week, on-call service, (c) That the tow service will arrive at the location of the vehicle to be towed within twenty (20) minutes after receiving a request for day towing and within a reasonable time after receiving a request for night, weekend and holiday towing from the Police Department which time shall not exceed thirty (30) minutes, (d) The following fees are hereby established as the maximum which may be charged for the indicated service (1) Day towing of automobiles, vans, pick-up trucks, motorcycles $2S 00 (2) night, weekend, and holiday towing of automobiles, vans, motorcycles and pick-up trucks $30 00, PAGE 4 (3) Responding to tow request by Police Department where no hook-up is made, no charge and that tow service will be returned to first place on the list (4) use of dolly in towing wrecked motor vehicles $10 00 plus towing charge, (5) Tow involving extraordinary labor and expenses, the above maximums may be exceeded if unusual and extraordinary circumstances occur at the scene of an emergency, (6) All towing and storage charges shall be waived when requested by the Police Department in unusual circumstances, including, but not limited to, instances in which a prisoner is released without charges being filed (e) No tow service shall arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio or other device (f) Any tow service operating under this Article must keep and maintain for one (1) year from the date of towing the following records (1) The make and model of the vehicle, (2) The license number of the vehicle, (3) The date of the tow (g) The person operating any tow service shall make every reasonable effort to minimize damage to towed vehicles Where appropriate, such reasonable effort shall include, but is not limited to (1) use of a dolly or carriage for towing, (2) disconnection of the drive shaft, (3) release of brakes, (4) towing at a reasonable speed (h) No towed vehicle may be dismantled, have parts removed or tires deflated except as necessary for towing (1) The bill for towing of any motor vehicle shall be itemized to reflect services performed, labor or other materials required and any other charges SECTION X EXCLUSIONS This Article shall not apply to wrecker services which are not listed on the police rotation list PAGE 5 SECTION XI REVOCATION OR SUSPENSION OF PERMIT The Chef of Police shall revoke or suspend a police rotation list privilege permit issued hereunder when he finds any of the following to be true (a) The permit was procured by fraudulent conduct or false statement of a material fact or that any fact concerning the applicant was not disclosed at the time of application and such fact would have constituted dust cause for refusal to issue said permit, (b) The permitee illegally solicited tow or repair services at a police investigation, (c) The permitee has exceeded the fee schedule, (d) The permitee has violated any of the requirements of this Article or any of the rules and regulations as established by the Police Department or the City Council SECTION XII PERIOD OF SUSPENSION OR REVOCATION The period of suspension or revocation shall be (a) For the first violation, not more than thirty (30) days, (b) For the second violation, not more than ninety (90) days, (c) For the third or subsequent vioation, such period of suspension as the Chief of Police may determine, including permanent revocation SECTION XIII RENEWAL The police rotation list privilege permit shall be valid for one (1) year from the date of issuance Each application for renewal shall contain adequate assurances that the applicant continues to comply with all standards, rules and regulations prescribed by this Article and all other standards, rules and regulations issued hereunder Such renewals shall be on a form furnished by the Police Department and shall contain the names of any new owners, part owners or partners and the names of any new employees SECTION XIV That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any PAGE 6 ' w court of competent 3urisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION XV That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordnance are hereby repealed to the extent of any such conflict PASSED AND APPROVED this the~ay of 1980 BILL , MAYOR CITY OF DENTON, TEXAS ATTEST ,YBROOKS OLT, CTTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY C PAGE 7 a